BILL ANALYSIS

S.B. 662

By: Nichols

Public Health

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The State Board of Examiners for Speech-Language Pathology and Audiology (the Board) regulates speech-language pathologists (SLPs) and audiologists in Texas.  The Board is administratively attached to the Department of State Health Services (DSHS), housed within its Professional Licensing and Certification Unit.

The Board’s mission is to protect and promote public health by designing and enforcing licensure rules and regulations for SLPs and audiologists.  To achieve its mission, the Board develops and updates standards of practice for licensed SLPs and audiologists; issues and renews licenses to qualified individuals; and receives and investigates complaints concerning licensees and takes disciplinary action against individuals who violate the Board’s statute or rules.

The Board is subject to the Sunset Act and will be abolished on September 1, 2011, unless continued by the Legislature.  As a result of its review of the State Board of Examiners for Speech-Language Pathology and Audiology, the Sunset Advisory Commission recommended continuation of the Board and several statutory modifications contained in this legislation that aim to improve the Board’s licensing practices and consistency of its operations.

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the State Board of Examiners for Speech-Language Pathology and Audiology in SECTION 8 and SECTION 13 of this bill.

ANALYSIS

Continuation of the Board

S.B. 662 continues the State Board of Examiners for Speech-Language Pathology and Audiology within DSHS for six years.

Requires adoption of joint rules for hearing instrument sales

S.B. 662 requires the Board and the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments, with assistance from DSHS, to jointly adopt rules for each hearing instrument sale.  The bill requires the rules to address information and other provisions required in each written contract; records that must be maintained; and guidelines for the 30-day trial period for hearing instrument sales.  S.B. 662 also requires the written contract and 30-day trial period information to be provided in plain language designed to be easily understood by the average consumer. The bill requires the Board and State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments to adopt the joint rules by May 1, 2012.

Aligns key elements of the Board’s licensing and regulatory functions to common licensing standards

S.B. 662 requires applicants for licensure and license renewal to submit their fingerprints to the Board or the Department of Public Safety (DPS) to obtain criminal history record information from DPS and the Federal Bureau of Investigation.  The bill prohibits the Board from issuing a license or a license renewal to a person who does not comply with this requirement.

The bill requires the Board to conduct fingerprint criminal history checks for licensure, and authorizes DSHS, on behalf of the Board, to enter into an agreement with DPS to administer a criminal history check. S.B. 662 also authorizes DPS to collect the costs incurred in conducting the criminal history check from each applicant. The bill requires the Board to adopt rules to implement the criminal history check provisions no later than February 1, 2012, and specifies these provisions apply only to an application for a license or license renewal filed on or after March 1, 2012.

For complaints filed on or after the effective date of this Act, the bill requires Board members who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint to recuse themselves from voting on the matter. S.B. 662 authorizes the Board to order an audiologist to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period. The bill also authorizes the Board, after notice and opportunity for a hearing, to issue a cease and desist order for unlicensed practice of speech-language pathology and audiology, and provides a violation of such an order is grounds for imposing an administrative penalty.

Updates and applies standard Sunset across-the-board recommendations

S.B. 662 updates standard Sunset language to prohibit a person from being appointed as a public member to the Board if the person or person’s spouse has financial ties to the Board, DSHS, or the healthcare industry. The bill defines “Texas trade association,” and updates standard Sunset language prohibiting a person from serving as a Board member if the person, or the person’s spouse, is an officer, employee, or paid consultant of the healthcare industry.

S.B. 662 adds standard Sunset language to require the Governor to designate the Board’s presiding officer. The bill adds standard Sunset language specifying grounds for removing a Board member. The bill also adds standard Sunset language requiring members of the Board to complete training before assuming their duties, generally prescribes the information the training must provide, and entitles Board members to reimbursement for travel expenses incurred in attending the training.  The bill provides that changes to Board member eligibility apply only to Board members appointed on or after September 1, 2011.

EFFECTIVE DATE

This Act takes effect September 1, 2011.