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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of dyslexia practitioners and |
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therapists; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 3, Occupations Code, is |
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amended by adding Chapter 403 to read as follows: |
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CHAPTER 403. LICENSED DYSLEXIA PRACTITIONERS AND LICENSED DYSLEXIA |
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THERAPISTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 403.001. DEFINITIONS. In this chapter: |
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(1) "Commissioner" means the commissioner of state |
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health services. |
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(2) "Department" means the Department of State Health |
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Services. |
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(3) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(4) "License holder" means a person who holds a |
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license issued under this chapter. |
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(5) "Multisensory structured language education" |
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means a program described by the International Multisensory |
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Structured Language Education Council for the treatment of |
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individuals with dyslexia and related disorders that provides |
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instruction in the skills of reading, writing, and spelling: |
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(A) through program content that includes: |
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(i) phonology and phonological awareness; |
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(ii) sound and symbol association; |
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(iii) syllables; |
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(iv) morphology; |
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(v) syntax; and |
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(vi) semantics; and |
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(B) following principles of instruction that |
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include: |
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(i) simultaneous multisensory instruction, |
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including visual-auditory-kinesthetic-tactile instruction; |
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(ii) systematic and cumulative |
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instruction; |
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(iii) explicit instruction; |
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(iv) diagnostic teaching to automaticity; |
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and |
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(v) synthetic and analytic instruction. |
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(6) "Qualified instructor" means a person described by |
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Section 403.113. |
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Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF STATE HEALTH |
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SERVICES. The department shall administer this chapter. |
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Sec. 403.003. APPLICABILITY. This chapter does not: |
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(1) require a school district to employ a person |
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licensed under this chapter; or |
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(2) authorize a person who is not licensed under |
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Chapter 401 to practice audiology or speech-language pathology. |
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[Sections 403.004-403.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 403.051. ADVISORY COMMITTEE. The department shall |
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appoint an advisory committee to advise the department in |
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administering this chapter. |
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Sec. 403.052. RULES. The executive commissioner shall |
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adopt rules necessary to administer and enforce this chapter, |
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including rules that establish standards of ethical practice. |
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[Sections 403.053-403.100 reserved for expansion] |
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SUBCHAPTER C. LICENSE REQUIREMENTS |
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Sec. 403.101. LICENSE REQUIRED. A person may not use the |
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title "licensed dyslexia practitioner," "dyslexia practitioner," |
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"licensed dyslexia therapist," or "dyslexia therapist" in this |
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state unless the person holds the appropriate license under this |
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chapter. |
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Sec. 403.102. ISSUANCE OF LICENSE. The department shall |
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issue a licensed dyslexia practitioner or licensed dyslexia |
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therapist license to an applicant who meets the requirements of |
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this chapter. |
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Sec. 403.103. LICENSE APPLICATION. (a) A license |
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applicant must apply to the department on a form and in the manner |
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the department prescribes. |
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(b) The application must be accompanied by a nonrefundable |
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application fee. |
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Sec. 403.104. ELIGIBILITY FOR LICENSED DYSLEXIA |
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PRACTITIONER LICENSE. (a) To be eligible for a licensed dyslexia |
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practitioner license, an applicant must have: |
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(1) earned a bachelor's degree from an accredited |
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public or private institution of higher education; |
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(2) successfully completed at least 45 hours of course |
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work in multisensory structured language education from a training |
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program that meets the requirements of Section 403.106; |
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(3) completed at least 60 hours of supervised clinical |
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experience in multisensory structured language education; |
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(4) completed at least five demonstration lessons of |
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the practice of multisensory structured language education, each |
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observed by an instructor from a training program that meets the |
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requirements of Section 403.106 and followed by a conference with |
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and a written report by the instructor; and |
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(5) successfully completed a national multisensory |
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structured language education competency examination approved by |
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the department and administered by a national certifying |
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professional organization. |
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(b) Clinical experience required under Subsection (a)(3) |
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must be obtained under: |
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(1) the supervision of a qualified instructor or an |
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instructor from an accredited training program that meets the |
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requirements of Section 403.106; and |
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(2) guidelines approved by the department. |
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Sec. 403.105. ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST |
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LICENSE. (a) To be eligible for a licensed dyslexia therapist |
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license, an applicant must have: |
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(1) earned at least a master's degree from an |
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accredited public or private institution of higher education; |
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(2) successfully completed at least 200 hours of |
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course work in multisensory structured language education from a |
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training program that meets the requirements of Section 403.106; |
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(3) completed at least 700 hours of supervised |
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clinical experience in multisensory structured language education; |
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(4) completed at least 10 demonstration lessons of the |
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practice of multisensory structured language education, each |
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observed by an instructor from a training program that meets the |
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requirements of Section 403.106 and followed by a conference with |
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and a written report by the instructor; and |
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(5) successfully completed a national multisensory |
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structured language education competency examination approved by |
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the department and administered by a national certifying |
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professional organization. |
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(b) Clinical experience required under Subsection (a)(3) |
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must be obtained under: |
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(1) the supervision of a qualified instructor or an |
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instructor from an accredited training program that meets the |
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requirements of Section 403.106; and |
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(2) guidelines approved by the department. |
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Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For |
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purposes of determining whether an applicant satisfies the training |
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requirements for a license under this chapter, a multisensory |
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structured language education training program completed by the |
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applicant must: |
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(1) be accredited by a nationally recognized |
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accrediting organization; |
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(2) have in writing defined goals and objectives, |
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areas of authority, and policies and procedures; |
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(3) have the appropriate financial and management |
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resources to operate the training program, including a |
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knowledgeable administrator and standard accounting and reporting |
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procedures; |
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(4) have a physical site, equipment, materials, |
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supplies, and environment suitable for the training program; |
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(5) have a sufficient number of instructional |
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personnel who have completed the requirements for certification in |
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multisensory structured language education; |
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(6) have been reviewed by multisensory structured |
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language education professionals who are not affiliated with the |
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training program; |
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(7) have developed and followed procedures to maintain |
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and improve the quality of training provided by the program; |
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(8) have provided direct instruction in the principles |
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and in each element of multisensory structured language education |
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for a minimum of: |
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(A) 200 contact hours of coursework for training |
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program participants who seek a licensed dyslexia therapist |
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license; and |
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(B) 45 contact hours of coursework for training |
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program participants who seek a licensed dyslexia practitioner |
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license; |
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(9) have required training program participants to |
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complete a program of supervised clinical experience in which the |
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participants provided multisensory structured language education |
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to students either individually or in small groups for a minimum of: |
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(A) 700 hours for training program participants |
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who seek a licensed dyslexia therapist license; and |
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(B) 60 hours for training program participants |
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who seek a licensed dyslexia practitioner license; |
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(10) have required training program participants to |
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demonstrate the application of multisensory structured language |
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education principles of instruction by completing demonstration |
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lessons observed by an instructor and followed by a conference with |
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and a written report by the instructor; and |
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(11) have provided instruction based on the Texas |
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Education Agency publication "The Dyslexia Handbook: Procedures |
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Concerning Dyslexia and Related Disorders (2007)," or a revised |
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version of that publication approved by the department. |
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(b) A training program must require a training program |
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participant who seeks a licensed dyslexia practitioner license to |
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have completed at least five demonstration lessons described by |
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Subsection (a)(10) and a participant who seeks a licensed dyslexia |
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therapist license to have completed at least 10 demonstration |
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lessons. |
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(c) The department, in consultation with the advisory |
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committee, shall determine whether a training program meets the |
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requirements of this section. |
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Sec. 403.107. EXAMINATION; RULES. (a) To obtain a |
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license, an applicant must: |
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(1) pass a written examination approved by the |
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department under Subsection (b); and |
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(2) pay fees set by the executive commissioner. |
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(b) The department shall, in consultation with the advisory |
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committee: |
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(1) approve a competency examination that is related |
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to multisensory structured language education and that will be |
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administered at least twice each year by a professional |
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organization that issues national certifications; and |
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(2) maintain a record of all examinations for at least |
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two years after the date of examination. |
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Sec. 403.108. REEXAMINATION. (a) A person who fails the |
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examination may take a later examination on payment of a |
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nonrefundable fee for the examination. |
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(b) An applicant who fails two examinations may not be |
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reexamined until the person: |
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(1) submits a new application accompanied by a |
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nonrefundable application fee; and |
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(2) presents evidence acceptable to the department of |
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additional study in the area for which a license is sought. |
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Sec. 403.109. WAIVER OF EXAMINATION REQUIREMENT. The |
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department, in consultation with the advisory committee, may waive |
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the examination requirement and issue a license to an applicant who |
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holds an appropriate certificate or other accreditation from a |
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nationally accredited multisensory structured language education |
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organization recognized by the department. |
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Sec. 403.110. PROVISIONAL LICENSE. (a) The department, in |
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consultation with the advisory committee, may issue a provisional |
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license to an applicant currently licensed in another jurisdiction |
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who seeks a license in this state and who: |
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(1) has been certified in good standing as a |
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multisensory structured language education professional for at |
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least two of the last five years in another jurisdiction, including |
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a foreign country, that has certification requirements |
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substantially equivalent to the license requirements of this |
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chapter; |
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(2) has passed a national multisensory structured |
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language education certification examination or an equivalent |
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examination recognized by the department; and |
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(3) is sponsored by a person licensed by the |
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department under this chapter with whom the provisional license |
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holder will practice during the time the person holds a provisional |
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license. |
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(b) The department may waive the requirement of Subsection |
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(a)(3) for an applicant if the department determines that |
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compliance with that subsection would be a hardship to the |
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applicant. |
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(c) A provisional license is valid until the date the |
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department approves or denies the provisional license holder's |
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application for a license. |
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(d) The department shall issue a license under this chapter |
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to the provisional license holder if: |
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(1) the provisional license holder demonstrates |
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knowledge and understanding of the laws and rules relating to the |
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practice of multisensory structured language education in this |
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state; |
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(2) the department verifies that the provisional |
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license holder meets the academic and experience requirements for a |
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license under this chapter; and |
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(3) the provisional license holder satisfies any other |
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licensing requirements under this chapter. |
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(e) The department must approve or deny a provisional |
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license holder's application for a license not later than the 180th |
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day after the date the provisional license is issued. The |
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department may extend the 180-day period if the results of an |
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examination have not been received by the department before the end |
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of that period. |
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Sec. 403.111. TEMPORARY LICENSE; RULES. The executive |
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commissioner by rule may provide for the issuance of a temporary |
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license. |
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Sec. 403.112. INACTIVE STATUS; RULES. (a) The executive |
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commissioner by rule may provide for a license holder to be placed |
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on inactive status. |
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(b) Rules adopted under this section must include a time |
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limit for a license holder to remain on inactive status. |
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Sec. 403.113. QUALIFIED INSTRUCTOR. To be considered a |
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qualified instructor under this chapter, a person must: |
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(1) be a licensed dyslexia therapist; |
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(2) have at least 1,400 hours of clinical teaching |
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experience; and |
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(3) have completed a two-year course of study |
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dedicated to the administration and supervision of multisensory |
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structured language education programs taught by a nationally |
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accredited training program that meets the requirements of Section |
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403.106. |
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[Sections 403.114-403.150 reserved for expansion] |
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SUBCHAPTER D. PRACTICE BY LICENSE HOLDER |
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Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia |
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practitioner may practice only in an educational setting, including |
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a school, learning center, or clinic. |
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(b) A licensed dyslexia therapist may practice in a school, |
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learning center, clinic, or private practice setting. |
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Sec. 403.152. CONTINUING EDUCATION. (a) A license holder |
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may not renew the person's license unless the person meets the |
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continuing education requirements established by the executive |
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commissioner. |
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(b) The executive commissioner, in consultation with the |
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advisory committee, shall establish the continuing education |
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requirements in a manner that allows a license holder to comply |
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without an extended absence from the license holder's county of |
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residence. |
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(c) The department shall: |
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(1) provide to a license applicant, with the |
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application form on which the person is to apply for a license, |
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information describing the continuing education requirements; and |
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(2) notify each license holder of any change in the |
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continuing education requirements at least one year before the date |
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the change takes effect. |
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[Sections 403.153-403.200 reserved for expansion] |
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SUBCHAPTER E. LICENSE DENIAL; COMPLAINT AND DISCIPLINARY |
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PROCEDURES |
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Sec. 403.201. COMPLAINTS. Any person may file a complaint |
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with the department alleging a violation of this chapter or a rule |
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adopted under this chapter. |
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Sec. 403.202. PROHIBITED ACTIONS. A license holder may |
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not: |
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(1) obtain a license by means of fraud, |
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misrepresentation, or concealment of a material fact; |
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(2) sell, barter, or offer to sell or barter a license; |
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or |
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(3) engage in unprofessional conduct that endangers or |
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is likely to endanger the health, welfare, or safety of the public |
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as defined by executive commissioner rule. |
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Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a |
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license holder violates this chapter or a rule or code of ethics |
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adopted by the executive commissioner, the department shall: |
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(1) revoke or suspend the license; |
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(2) place on probation the person if the person's |
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license has been suspended; |
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(3) reprimand the license holder; or |
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(4) refuse to renew the license. |
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Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR |
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CRIMINAL CONVICTION. (a) The department may deny a license or may |
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suspend or revoke a license if the applicant or license holder has |
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been convicted of a misdemeanor involving moral turpitude or a |
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felony. The department may take action authorized by this section |
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when: |
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(1) the time for appeal of the person's conviction has |
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elapsed; |
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(2) the judgment or conviction has been affirmed on |
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appeal; or |
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(3) an order granting probation is made suspending the |
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imposition of the person's sentence, without regard to whether a |
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subsequent order: |
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(A) allows withdrawal of a plea of guilty; |
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(B) sets aside a verdict of guilty; or |
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(C) dismisses an information or indictment. |
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(b) A plea or verdict of guilty or a conviction following a |
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plea of nolo contendere is a conviction for purposes of this |
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section. |
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Sec. 403.205. HEARING. (a) If the department proposes to |
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revoke, suspend, or refuse to renew a person's license, the person |
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is entitled to a hearing before a hearings officer appointed by the |
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State Office of Administrative Hearings. |
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(b) The executive commissioner shall prescribe procedures |
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for appealing to the commissioner a decision to revoke, suspend, or |
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refuse to renew a license. |
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Sec. 403.206. ADMINISTRATIVE PROCEDURE. A proceeding under |
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this subchapter to suspend, revoke, or refuse to renew a license is |
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governed by Chapter 2001, Government Code. |
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Sec. 403.207. SANCTIONS. (a) The executive commissioner, |
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in consultation with the advisory committee, by rule shall adopt a |
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broad schedule of sanctions for a violation of this chapter. |
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(b) The State Office of Administrative Hearings shall use |
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the schedule of sanctions for a sanction imposed as the result of a |
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hearing conducted by that office. |
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Sec. 403.208. PROBATION. The department may require a |
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license holder whose license suspension is probated to: |
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(1) report regularly to the department on matters that |
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are the basis of the probation; |
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(2) limit practice to areas prescribed by the |
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department; or |
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(3) continue the license holder's professional |
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education until the license holder attains a degree of skill |
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satisfactory to the department in those areas that are the basis of |
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the probation. |
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Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The |
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executive commissioner by rule shall develop a system for |
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monitoring a license holder's compliance with the requirements of |
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this chapter. |
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(b) Rules adopted under this section must include |
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procedures to: |
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(1) monitor for compliance a license holder who is |
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ordered by the department to perform certain acts; and |
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(2) identify and monitor license holders who represent |
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a risk to the public. |
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Sec. 403.210. INFORMAL PROCEDURES. (a) The executive |
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commissioner by rule shall adopt procedures governing: |
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(1) informal disposition of a contested case under |
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Section 2001.056, Government Code; and |
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(2) an informal proceeding held in compliance with |
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Section 2001.054, Government Code. |
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(b) Rules adopted under Subsection (a) must: |
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(1) provide the complainant and the license holder an |
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opportunity to be heard; and |
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(2) require the presence of a representative of the |
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attorney general or the department's legal counsel to advise the |
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department or the department's employees. |
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Sec. 403.211. REFUND. (a) Subject to Subsection (b), the |
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department may order a license holder to pay a refund to a consumer |
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as provided in an agreement resulting from an informal settlement |
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conference instead of or in addition to imposing an administrative |
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penalty under this chapter. |
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(b) The amount of a refund ordered as provided in an |
|
agreement resulting from an informal settlement conference may not |
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exceed the amount the consumer paid to the license holder for a |
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service regulated by this chapter. The department may not require |
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payment of other damages or estimate harm in a refund order. |
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Sec. 403.212. REINSTATEMENT. (a) A person may apply for |
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reinstatement of a revoked license on or after the first |
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anniversary of the date of revocation. |
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(b) The department may: |
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(1) accept or reject the application; and |
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(2) require an examination as a condition for |
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reinstatement of the license. |
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Sec. 403.213. REPRIMAND; CONTINUING EDUCATION. (a) In |
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addition to other disciplinary action authorized by this |
|
subchapter, the department may: |
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(1) issue a written reprimand to a license holder who |
|
violates this chapter; or |
|
(2) require that a license holder who violates this |
|
chapter attend continuing education programs. |
|
(b) The department, in consultation with the advisory |
|
committee, may specify the number of hours of continuing education |
|
that must be completed by a license holder to fulfill the |
|
requirement of Subsection (a)(2). |
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Sec. 403.214. EMERGENCY SUSPENSION. (a) The department |
|
shall temporarily suspend the license of a license holder if the |
|
department determines from the evidence or information presented to |
|
it that continued practice by the license holder would constitute a |
|
continuing and imminent threat to the public welfare. |
|
(b) A license may be suspended under this section without |
|
notice or hearing on the complaint if: |
|
(1) action is taken to initiate proceedings for a |
|
hearing before the State Office of Administrative Hearings |
|
simultaneously with the temporary suspension; and |
|
(2) a hearing is held as soon as practicable under this |
|
chapter and Chapter 2001, Government Code. |
|
(c) The State Office of Administrative Hearings shall hold a |
|
preliminary hearing not later than the 14th day after the date of |
|
the temporary suspension to determine if there is probable cause to |
|
believe that a continuing and imminent threat to the public welfare |
|
still exists. A final hearing on the matter shall be held not later |
|
than the 61st day after the date of the temporary suspension. |
|
[Sections 403.215-403.250 reserved for expansion] |
|
SUBCHAPTER F. ADMINISTRATIVE PENALTY |
|
Sec. 403.251. IMPOSITION OF ADMINISTRATIVE PENALTY. The |
|
department may impose an administrative penalty on a person |
|
licensed under this chapter who violates this chapter or a rule or |
|
order adopted under this chapter. |
|
Sec. 403.252. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The |
|
amount of the administrative penalty may not be more than $5,000 for |
|
each violation. Each day a violation continues or occurs is a |
|
separate violation for the purpose of imposing a penalty. |
|
(b) The amount shall be based on: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, extent, and gravity of the violation; |
|
(2) the economic harm caused by the violation; |
|
(3) the history of previous violations; |
|
(4) the amount necessary to deter a future violation; |
|
(5) efforts to correct the violation; and |
|
(6) any other matter that justice may require. |
|
(c) The executive commissioner by rule shall adopt an |
|
administrative penalty schedule based on the criteria listed in |
|
Subsection (b) for violations of this chapter or applicable rules |
|
to ensure that the amounts of penalties imposed are appropriate to |
|
the violation. The executive commissioner shall provide the |
|
administrative penalty schedule to the public on request. |
|
Sec. 403.253. REPORT AND NOTICE OF VIOLATION AND PENALTY. |
|
(a) If the commissioner or the commissioner's designee determines |
|
that a violation occurred, the commissioner or the designee may |
|
issue to the department a report stating: |
|
(1) the facts on which the determination is based; and |
|
(2) the commissioner's or the designee's |
|
recommendation on the imposition of an administrative penalty, |
|
including a recommendation on the amount of the penalty. |
|
(b) Within 14 days after the date the report is issued, the |
|
commissioner or the commissioner's designee shall give written |
|
notice of the report to the license holder. The notice must: |
|
(1) include a brief summary of the alleged violation; |
|
(2) state the amount of the recommended administrative |
|
penalty; and |
|
(3) inform the license holder of the license holder's |
|
right to a hearing on the occurrence of the violation, the amount of |
|
the penalty, or both. |
|
Sec. 403.254. PENALTY TO BE PAID OR HEARING REQUESTED. (a) |
|
Within 10 days after the date the license holder receives the |
|
notice, the license holder in writing may: |
|
(1) accept the determination and recommended |
|
administrative penalty of the commissioner or the commissioner's |
|
designee; or |
|
(2) make a request for a hearing on the occurrence of |
|
the violation, the amount of the penalty, or both. |
|
(b) If the license holder accepts the determination and |
|
recommended penalty of the commissioner or the commissioner's |
|
designee, the commissioner by order shall approve the determination |
|
and impose the recommended penalty. |
|
Sec. 403.255. HEARING. (a) If the license holder requests |
|
a hearing or fails to respond in a timely manner to the notice, the |
|
commissioner or the commissioner's designee shall set a hearing and |
|
give written notice of the hearing to the license holder. |
|
(b) An administrative law judge of the State Office of |
|
Administrative Hearings shall hold the hearing. |
|
(c) The administrative law judge shall make findings of fact |
|
and conclusions of law and promptly issue to the commissioner a |
|
proposal for a decision about the occurrence of the violation and |
|
the amount of a proposed administrative penalty. |
|
Sec. 403.256. DECISION BY COMMISSIONER. (a) Based on the |
|
findings of fact, conclusions of law, and proposal for decision, |
|
the commissioner by order may determine that: |
|
(1) a violation occurred and impose an administrative |
|
penalty; or |
|
(2) a violation did not occur. |
|
(b) The notice of the commissioner's order given to the |
|
license holder must include a statement of the right of the license |
|
holder to judicial review of the order. |
|
Sec. 403.257. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
|
(a) Within 30 days after the date the commissioner's order becomes |
|
final, the license holder shall: |
|
(1) pay the administrative penalty; or |
|
(2) file a petition for judicial review contesting the |
|
occurrence of the violation, the amount of the penalty, or both. |
|
(b) Within the 30-day period prescribed by Subsection (a), a |
|
license holder who files a petition for judicial review may: |
|
(1) stay enforcement of the penalty by: |
|
(A) paying the penalty to the court for placement |
|
in an escrow account; or |
|
(B) giving the court a supersedeas bond approved |
|
by the court that: |
|
(i) is for the amount of the penalty; and |
|
(ii) is effective until all judicial review |
|
of the commissioner's order is final; or |
|
(2) request the court to stay enforcement of the |
|
penalty by: |
|
(A) filing with the court a sworn affidavit of |
|
the license holder stating that the license holder is financially |
|
unable to pay the penalty and is financially unable to give the |
|
supersedeas bond; and |
|
(B) giving a copy of the affidavit to the |
|
commissioner or the commissioner's designee by certified mail. |
|
(c) If the commissioner or the commissioner's designee |
|
receives a copy of an affidavit under Subsection (b)(2), the |
|
commissioner or the designee may file with the court, within five |
|
days after the date the copy is received, a contest to the |
|
affidavit. |
|
(d) The court shall hold a hearing on the facts alleged in |
|
the affidavit as soon as practicable and shall stay the enforcement |
|
of the penalty on finding that the alleged facts are true. The |
|
license holder who files an affidavit has the burden of proving that |
|
the license holder is financially unable to pay the penalty and to |
|
give a supersedeas bond. |
|
Sec. 403.258. COLLECTION OF PENALTY. (a) If the license |
|
holder does not pay the administrative penalty and the enforcement |
|
of the penalty is not stayed, the penalty may be collected. |
|
(b) The attorney general may sue to collect the penalty. |
|
Sec. 403.259. DETERMINATION BY COURT. (a) If the court |
|
sustains the determination that a violation occurred, the court may |
|
uphold or reduce the amount of the administrative penalty and order |
|
the license holder to pay the full or reduced amount of the penalty. |
|
(b) If the court does not sustain the finding that a |
|
violation occurred, the court shall order that a penalty is not |
|
owed. |
|
Sec. 403.260. REMITTANCE OF PENALTY AND INTEREST. (a) If |
|
the license holder paid the administrative penalty and if the |
|
amount of the penalty is reduced or the penalty is not upheld by the |
|
court, the court shall order, when the court's judgment becomes |
|
final, that the appropriate amount plus accrued interest be |
|
remitted to the license holder. |
|
(b) The interest accrues at the rate charged on loans to |
|
depository institutions by the New York Federal Reserve Bank. |
|
(c) The interest shall be paid for the period beginning on |
|
the date the penalty is paid and ending on the date the penalty is |
|
remitted. |
|
(d) If the license holder gave a supersedeas bond and the |
|
penalty is not upheld by the court, the court shall order, when the |
|
court's judgment becomes final, the release of the bond. |
|
(e) If the license holder gave a supersedeas bond and the |
|
amount of the penalty is reduced, the court shall order the release |
|
of the bond after the license holder pays the reduced amount. |
|
Sec. 403.261. ADMINISTRATIVE PROCEDURE. A proceeding under |
|
this subchapter is a contested case under Chapter 2001, Government |
|
Code. |
|
[Sections 403.262-403.300 reserved for expansion] |
|
SUBCHAPTER G. PENALTIES AND OTHER ENFORCEMENT PROCEDURES |
|
Sec. 403.301. INJUNCTION. (a) The department may request |
|
the attorney general or the appropriate county or district attorney |
|
to commence an action to enjoin a violation of this chapter. |
|
(b) The remedy provided by this section is in addition to |
|
any other action authorized by law. |
|
Sec. 403.302. CIVIL PENALTY. (a) A person who violates |
|
this chapter, a rule adopted by the executive commissioner, or an |
|
order adopted by the commissioner under this chapter is liable for a |
|
civil penalty not to exceed $5,000 a day. |
|
(b) At the request of the department, the attorney general |
|
shall bring an action to recover a civil penalty authorized under |
|
this section. |
|
Sec. 403.303. CRIMINAL PENALTY. (a) A person commits an |
|
offense if the person violates Section 403.101. |
|
(b) An offense under this section is a Class B misdemeanor. |
|
Sec. 403.304. CEASE AND DESIST ORDER. (a) If it appears to |
|
the commissioner that a person who is not licensed under this |
|
chapter is violating this chapter or a rule adopted under this |
|
chapter, the commissioner after notice and an opportunity for a |
|
hearing may issue a cease and desist order prohibiting the person |
|
from engaging in the activity. |
|
(b) A violation of an order under this section constitutes |
|
grounds for imposing an administrative penalty under this chapter. |
|
SECTION 2. The heading to Subtitle G, Title 3, Occupations |
|
Code, is amended to read as follows: |
|
SUBTITLE G. PROFESSIONS RELATED TO HEARING, [AND] SPEECH, AND |
|
DYSLEXIA |
|
SECTION 3. Not later than November 1, 2009, the |
|
commissioner of the Department of State Health Services shall |
|
appoint the initial members of the advisory committee under Section |
|
403.051, Occupations Code, as added by this Act. |
|
SECTION 4. Not later than June 1, 2010, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt final rules under Section 403.052, Occupations Code, as added |
|
by this Act. |
|
SECTION 5. The Department of State Health Services shall |
|
issue a licensed dyslexia therapist license to an applicant under |
|
this section who: |
|
(1) applies for a license under this section not later |
|
than December 31, 2012; |
|
(2) not later than November 30, 2012, meets the |
|
requirements of Sections 403.105(a)(2)-(5), Occupations Code, as |
|
added by this Act; |
|
(3) submits any other information required by the |
|
department by rule; and |
|
(4) pays the application fee. |
|
SECTION 6. (a) Except as required by Subsection (b) of this |
|
section, this Act takes effect September 1, 2009. |
|
(b) Section 403.101 and Subchapters E, F, and G, Chapter |
|
403, Occupations Code, as added by this Act, take effect September |
|
1, 2010. |