By: Hegar  S.B. No. 312
         (In the Senate - Filed January 31, 2013; February 5, 2013,
  read first time and referred to Committee on Health and Human
  Services; April 8, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  April 8, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 312 By:  Deuell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the regulation of speech-language pathology and
  audiology and the fitting and dispensing of hearing instruments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 401.057, Occupations Code, is amended to
  read as follows:
         Sec. 401.057.  HEARING CONSERVATION PROGRAM. This chapter
  does not prevent a person in an industrial setting from engaging in
  hearing testing as a part of a hearing conservation program in
  compliance with federal Occupational Safety and Health
  Administration regulations [if the person is certified by an agency
  acceptable to the Occupational Safety and Health Administration].
         SECTION 2.  Subchapter E, Chapter 401, Occupations Code, is
  amended by adding Section 401.2022 to read as follows:
         Sec. 401.2022.  JOINT RULES FOR FITTING AND DISPENSING OF
  HEARING INSTRUMENTS BY TELEPRACTICE. With the assistance of the
  department, the board and the State Committee of Examiners in the
  Fitting and Dispensing of Hearing Instruments shall jointly adopt
  rules to establish requirements for the fitting and dispensing of
  hearing instruments by the use of telepractice.
         SECTION 3.  Subsection (a), Section 401.304, Occupations
  Code, is amended to read as follows:
         (a)  To be eligible for licensing as a speech-language
  pathologist or audiologist, an applicant must:
               (1)  if the application is for a license in:
                     (A)  speech-language pathology, possess at least
  a master's degree with a major in at least one of the areas of
  communicative sciences or disorders from a program accredited by a
  national accrediting organization that is approved by the board and
  recognized by the United States secretary of education under the
  Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an
  accredited or approved college or university; or
                     (B)  audiology, possess at least a doctoral degree
  in audiology or a related hearing science from a program accredited
  by a national accrediting organization that is approved by the
  board and recognized by the United States secretary of education
  under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et
  seq.) in an accredited or approved college or university;
               (2)  submit a transcript from a public or private
  institution of higher learning showing successful completion of
  course work in amounts set by the board in:
                     (A)  normal development and use of speech,
  language, and hearing;
                     (B)  evaluation, habilitation, and rehabilitation
  of speech, language, and hearing disorders; and
                     (C)  related fields that augment the work of
  clinical practitioners of speech-language pathology and audiology;
               (3)  have successfully completed at least 36 semester
  hours in courses that are acceptable toward a graduate degree by the
  college or university in which the courses are taken, at least 24 of
  which must be in the professional area for which the license is
  requested [and at least six of which must be:
                     [(A)     in audiology if the application is for a
  speech-language pathology license; or
                     [(B)     in speech-language pathology if the
  application is for an audiology license];
               (4)  have completed the minimum number of hours,
  established by the board, of supervised clinical experience with
  persons who present a variety of communication disorders; and
               (5)  have completed the full-time supervised
  professional experience, as defined by board rule, in which
  clinical work has been accomplished in the major professional area
  for which the license is being sought.
         SECTION 4.  Subsection (a), Section 401.306, Occupations
  Code, is amended to read as follows:
         (a)  [The board shall notify each examinee of the results of
  the examination not later than the 30th day after the date the
  examination is administered.] If an examination is graded or
  reviewed by a national or state testing service that does not
  directly notify examinees of the examination results, the board
  shall notify each examinee of the results not later than the 14th
  day after the date the board receives the results from the testing
  service.
         SECTION 5.  Subchapter G, Chapter 401, Occupations Code, is
  amended by adding Section 401.315 to read as follows:
         Sec. 401.315.  LICENSING FOR MILITARY SPOUSES.  (a)  In this
  section:
               (1)  "Military service member" means a person who is
  currently serving in the armed forces of the United States, in a
  reserve component of the armed forces of the United States,
  including the National Guard, or in the state military service of
  any state.
               (2)  "Military spouse" means a person who is married to
  a military service member.
         (b)  The board shall issue a license to a military spouse
  who:
               (1)  was licensed in good standing as a speech-language
  pathologist or audiologist in another state as of the date of the
  application;
               (2)  holds a master's degree in at least one of the
  areas of communicative sciences or disorders from a program
  accredited by a national accrediting organization that is:
                     (A)  approved by the board; and
                     (B)  recognized by the United States secretary of
  education under the Higher Education Act of 1965 (20 U.S.C. Section
  1001 et seq.); and
               (3)  has not been the subject of a disciplinary action
  in any jurisdiction in which the applicant is or has been licensed.
         SECTION 6.  Subchapter I, Chapter 401, Occupations Code, is
  amended by adding Section 401.405 to read as follows:
         Sec. 401.405.  TELEPRACTICE. (a)  In this section,
  "telepractice" means the use of telecommunications technology by a
  license holder for an assessment, intervention, or consultation
  regarding a speech-language pathology or audiology client.
         (b)  The board may adopt rules consistent with the joint
  rules under Section 401.2022 to provide for the practice of
  speech-language pathology or audiology by the use of telepractice
  by a person licensed under this chapter, including rules that
  establish the qualifications and duties of license holders who use
  telepractice.
         SECTION 7.  Subchapter C, Chapter 402, Occupations Code, is
  amended by adding Section 402.1023 to read as follows:
         Sec. 402.1023.  JOINT RULES FOR FITTING AND DISPENSING OF
  HEARING INSTRUMENTS BY TELEPRACTICE. With the assistance of the
  department, the committee and the State Board of Examiners for
  Speech-Language Pathology and Audiology shall jointly adopt rules
  to establish requirements for the fitting and dispensing of hearing
  instruments by the use of telepractice.
         SECTION 8.  Subchapter H, Chapter 402, Occupations Code, is
  amended by adding Section 402.354 to read as follows:
         Sec. 402.354.  TELEPRACTICE. (a)  In this section,
  "telepractice" means the use of telecommunications technology by a
  license holder for the fitting and dispensing of hearing
  instruments.
         (b)  The committee may adopt rules consistent with the joint
  rules under Section 402.1023 to provide for the fitting and
  dispensing of hearing instruments by the use of telepractice,
  including rules that establish the qualifications and duties of
  license holders who use telepractice.
         SECTION 9.  The following provisions of the Occupations Code
  are repealed:
               (1)  Section 401.309;
               (2)  Section 401.314; and
               (3)  Subsection (c), Section 401.355.
         SECTION 10.  The State Board of Examiners for
  Speech-Language Pathology and Audiology by rule may establish a
  procedure to issue an audiologist license to a person who submits an
  application before September 1, 2014, and who:
               (1)  has a master's degree in audiology; and
               (2)  was licensed as an audiologist in this state
  between September 1, 2007, and September 1, 2011.
         SECTION 11.  Section 401.304, Occupations Code, as amended
  by this Act, applies only to an application for a license filed on
  or after January 1, 2015.  An application for a license filed before
  January 1, 2015, is governed by the law in effect on the date the
  application was filed, and that law is continued in effect for that
  purpose.
         SECTION 12.  (a) The State Board of Examiners for
  Speech-Language Pathology and Audiology and the State Committee of
  Examiners in the Fitting and Dispensing of Hearing Instruments
  shall jointly adopt rules under Sections 401.2022 and 402.1023,
  Occupations Code, as added by this Act, not later than January 1,
  2014.
         (b)  The State Board of Examiners for Speech-Language
  Pathology and Audiology shall adopt any rules necessary to
  implement Section 401.304, Occupations Code, as amended by this
  Act, and Section 401.405, Occupations Code, as added by this Act,
  not later than January 1, 2014.
         (c)  The State Committee of Examiners in the Fitting and
  Dispensing of Hearing Instruments shall adopt any rules necessary
  to implement Section 402.354, Occupations Code, as added by this
  Act, not later than January 1, 2014.
         SECTION 13.  This Act takes effect September 1, 2013.
 
  * * * * *