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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing the regulation of speech-language |
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pathologists and audiologists. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.003(5), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(5) "Volunteer health care provider" means an |
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individual who voluntarily provides health care services without |
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compensation or expectation of compensation and who is: |
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(A) an individual who is licensed to practice |
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medicine under Subtitle B, Title 3, Occupations Code; |
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(B) a retired physician who is eligible to |
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provide health care services, including a retired physician who is |
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licensed but exempt from paying the required annual registration |
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fee under Section 156.002, Occupations Code; |
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(C) a physician assistant licensed under Chapter |
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204, Occupations Code, or a retired physician assistant who is |
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eligible to provide health care services under the law of this |
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state; |
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(D) a registered nurse, including an advanced |
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nurse practitioner, or vocational nurse, licensed under Chapter |
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301, Occupations Code, or a retired vocational nurse or registered |
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nurse, including a retired advanced nurse practitioner, who is |
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eligible to provide health care services under the law of this |
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state; |
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(E) a pharmacist licensed under Subtitle J, Title |
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3, Occupations Code, or a retired pharmacist who is eligible to |
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provide health care services under the law of this state; |
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(F) a podiatrist licensed under Chapter 202, |
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Occupations Code, or a retired podiatrist who is eligible to |
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provide health care services under the law of this state; |
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(G) a dentist licensed under Subtitle D, Title 3, |
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Occupations Code, or a retired dentist who is eligible to provide |
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health care services under the law of this state; |
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(H) a dental hygienist licensed under Subtitle D, |
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Title 3, Occupations Code, or a retired dental hygienist who is |
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eligible to provide health care services under the law of this |
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state; |
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(I) an optometrist or therapeutic optometrist |
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licensed under Chapter 351, Occupations Code, or a retired |
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optometrist or therapeutic optometrist who is eligible to provide |
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health care services under the law of this state; |
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(J) a physical therapist or physical therapist |
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assistant licensed under Chapter 453, Occupations Code, or a |
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retired physical therapist or physical therapist assistant who is |
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eligible to provide health care services under the law of this |
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state; |
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(K) an occupational therapist or occupational |
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therapy assistant licensed under Chapter 454, Occupations Code, or |
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a retired occupational therapist or occupational therapy assistant |
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who is eligible to provide health care services under the law of |
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this state; or |
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(L) [an audiologist, assistant in audiology,
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speech-language pathologist, or assistant in speech-language
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pathology licensed under Chapter 401, Occupations Code, or a
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retired audiologist, assistant in audiology, speech-language
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pathologist, or assistant in speech-language pathology who is
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eligible to provide health care services under the laws of this
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state; or
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[(M)] a social worker licensed under Chapter 505, |
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Occupations Code, or a retired social worker who is eligible to |
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engage in the practice of social work under the law of this state. |
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SECTION 2. Section 112.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 112.002. APPLICABILITY. This chapter applies only to |
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licensing entities and health care practitioners under Chapters |
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[401,] 453[,] and 454 and Subtitles B, C, D, E, F, and K. |
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SECTION 3. The heading to Subtitle G, Title 3, Occupations |
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Code, is amended to read as follows: |
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SUBTITLE G. PROFESSIONS RELATED TO HEARING [, SPEECH,] AND |
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DYSLEXIA |
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SECTION 4. Section 402.003, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.003. APPLICABILITY OF CHAPTER. [(a)] This |
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chapter does not apply to: |
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(1) a person engaged in the practice of measuring |
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human hearing as a part of the academic curriculum of an accredited |
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institution of higher learning if the person or the person's |
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employees do not sell hearing instruments; |
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(2) a physician licensed by the Texas Medical Board; |
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(3) a person with a master's degree or doctorate in |
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audiology from an accredited college or university who does not |
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sell hearing instruments, to the extent the person engages in the |
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measurement of human hearing by the use of an audiometer or by any |
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other means to make selections and adaptations of or |
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recommendations for a hearing instrument and to make impressions |
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for earmolds to be used as part of a hearing instrument; or |
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(4) [an audiologist or an audiology intern licensed
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under Chapter 401, except as may otherwise be provided by the
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following provisions, which refer to Chapter 401:
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[(A) Section 402.051(a)(1);
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[(B) Section 402.202(b);
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[(C) Section 402.252;
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[(D) Section 402.255(a);
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[(E) Section 402.406(a); and
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[(F) Section 402.451(a)(6); and
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[(5)] a student of audiology in an accredited college |
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or university program, if the student's activities and services are |
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part of the student's supervised course of study or practicum |
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experience. |
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[(b)
A student described by Subsection (a)(5) is subject to
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Chapter 401.] |
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SECTION 5. Section 402.051(a), Occupations Code, is amended |
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to read as follows: |
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(a) The advisory board consists of nine members appointed by |
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the presiding officer of the commission with the approval of the |
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commission as follows: |
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(1) six members licensed under this chapter who have |
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been residents of this state actually engaged in fitting and |
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dispensing hearing instruments for at least five years preceding |
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appointment[, not more than one of whom may be licensed under
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Chapter 401]; |
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(2) one member who is actively practicing as a |
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physician licensed by the Texas Medical Board and who: |
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(A) has been a resident of this state for at least |
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two years preceding appointment; |
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(B) is a citizen of the United States; and |
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(C) specializes in the practice of |
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otolaryngology; and |
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(3) two members of the public. |
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SECTION 6. Section 402.1021, Occupations Code, is amended |
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to read as follows: |
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Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. With the |
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assistance of the advisory board [and the Speech-Language
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Pathologists and Audiologists Advisory Board], the commission |
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shall adopt rules to establish requirements for each sale of a |
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hearing instrument for purposes of this chapter [and Chapter 401]. |
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The rules must: |
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(1) address: |
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(A) the information and other provisions |
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required in each written contract for the purchase of a hearing |
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instrument; |
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(B) records that must be retained under this |
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chapter [or Chapter 401]; and |
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(C) guidelines for the 30-day trial period during |
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which a person may cancel the purchase of a hearing instrument; and |
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(2) require that the written contract and 30-day trial |
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period information provided to a purchaser of a hearing instrument |
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be in plain language designed to be easily understood by the average |
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consumer. |
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SECTION 7. Section 402.1023(b), Occupations Code, is |
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amended to read as follows: |
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(b) With the assistance of the advisory board [and the
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Speech-Language Pathologists and Audiologists Advisory Board], the |
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commission shall adopt rules to establish requirements for the |
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fitting and dispensing of hearing instruments by the use of |
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telepractice for purposes of this chapter [and Chapter 401], |
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including rules that establish the qualifications and duties of |
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license holders who use telepractice. |
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SECTION 8. Section 402.252, Occupations Code, is amended to |
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read as follows: |
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Sec. 402.252. SUPERVISION STATEMENT. (a) An application |
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for a temporary training permit must be accompanied by the |
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statement of a person licensed to fit and dispense hearing |
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instruments under this chapter [or Chapter 401, other than a person
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licensed under Section 401.311 or 401.312]. |
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(b) The statement must be on a form prescribed by the |
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department and state that: |
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(1) the person will supervise the applicant in all |
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work done by the applicant under the temporary training permit; and |
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(2) the person will notify the department not later |
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than the 10th day after the date of the applicant's termination of |
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supervision by the person[; and
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[(3)
if the person is licensed under Chapter 401, the
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person will comply with all provisions of this chapter and rules
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adopted under this chapter that relate to the supervision and
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training of a temporary training permit holder]. |
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SECTION 9. Section 402.255(a), Occupations Code, is amended |
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to read as follows: |
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(a) A supervisor of a temporary training permit holder must: |
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(1) be licensed to fit and dispense hearing |
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instruments under this chapter [or Chapter 401, other than Section
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401.311 or 401.312]; |
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(2) currently practice in an established place of |
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business; and |
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(3) be responsible for the direct supervision and |
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education of a temporary training permit holder. |
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SECTION 10. Section 402.406(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person who owns, maintains, or operates an office or |
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place of business in which the person employs or engages under |
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contract a person who practices the fitting and dispensing of |
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hearing instruments is considered to be practicing the fitting and |
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dispensing of hearing instruments under this chapter and is |
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required to be licensed under this chapter [or licensed as an
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audiologist under Chapter 401]. |
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SECTION 11. Section 402.451(a), Occupations Code, is |
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amended to read as follows: |
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(a) A person may not: |
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(1) buy, sell, or fraudulently obtain a license or aid |
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another person to do so; |
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(2) alter a license with the intent to defraud; |
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(3) wilfully make a false statement in an application |
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to the department for a license, a temporary training permit, or the |
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renewal of a license; |
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(4) falsely impersonate a license holder; |
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(5) engage in the fitting and dispensing of hearing |
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instruments when the person's license is suspended or revoked; |
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(6) dispense or fit a hearing instrument on a person |
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who has ordered the hearing instrument or device by mail unless the |
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person dispensing or fitting is a license holder under this chapter |
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[or under Chapter 401]; or |
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(7) sell a hearing instrument by mail. |
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SECTION 12. The following provisions are repealed: |
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(1) Sections 61.9811(1) and (4), Education Code; |
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(2) Chapter 401, Occupations Code; |
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(3) Section 402.202(b), Occupations Code; and |
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(4) Section 402.209(i), Occupations Code. |
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SECTION 13. (a) On the effective date of this Act: |
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(1) a disciplinary proceeding pending before the Texas |
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Department of Licensing and Regulation relating to an alleged |
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violation of former Chapter 401, Occupations Code, is dismissed; |
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(2) the Speech-Language Pathologists and Audiologists |
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Advisory Board is abolished; and |
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(3) a license or certificate of registration issued |
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under former Chapter 401, Occupations Code, expires. |
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(b) As soon as practicable after the effective date of this |
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Act, the Texas Commission of Licensing and Regulation shall repeal |
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all rules regarding the regulation of speech-language pathologists |
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and audiologists adopted under former Chapter 401, Occupations |
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Code. |
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SECTION 14. This Act takes effect September 1, 2017. |