86R13664 BEE-F

By: Miller H.B. No. 3244

A BILL TO BE ENTITLED

AN ACT

relating to regulating the practice of dyslexia therapy and abolishing the licensed dyslexia practitioner license; requiring an occupational license; imposing a fee.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 403, Occupations Code, is amended to read as follows:

CHAPTER 403. [LICENSED DYSLEXIA PRACTITIONERS AND] LICENSED

DYSLEXIA THERAPISTS

SECTION 2. Section 403.001, Occupations Code, is amended by adding Subdivisions (2-a) and (2-b) to read as follows:

(2-a) "Dyslexia" has the meaning assigned by Section 38.003, Education Code.

(2-b) "Dyslexia therapy" means the application of nonmedical principles, methods, and procedures for identifying, mitigating, or remediating dyslexia in individuals.

SECTION 3. Subchapter A, Chapter 403, Occupations Code, is amended by adding Sections 403.004, 403.005, and 403.006 to read as follows:

Sec. 403.004. APPLICABILITY: TEACHER OR EMPLOYEE OF SCHOOL. This chapter does not apply to a teacher or employee of a private or public primary or secondary school who practices dyslexia therapy within the scope of the teacher's or employee's employment.

Sec. 403.005. APPLICABILITY: FAMILY MEMBERS AND GUARDIANS. This chapter does not apply to a family member or guardian of a recipient of dyslexia therapy who is implementing a dyslexia therapy plan for the recipient under the extended authority and direction of a licensed dyslexia therapist or a person described by Section 403.004.

Sec. 403.006. APPLICABILITY: SUPERVISED PERSONNEL. This chapter does not apply to an unlicensed person who is implementing a dyslexia therapy plan under the supervision of a licensed dyslexia therapist.

SECTION 4. Section 403.0511, Occupations Code, is amended to read as follows:

Sec. 403.0511. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter.

(b) The commission shall adopt rules necessary to administer and enforce this chapter.

SECTION 5. Section 403.101, Occupations Code, is amended to read as follows:

Sec. 403.101. LICENSE REQUIRED. (a) Except as provided by Subchapter A, a person may not engage in the practice of dyslexia therapy unless the person holds a license under this chapter.

(b) A person may not use the title ["licensed dyslexia practitioner" or] "licensed dyslexia therapist" in this state unless the person holds a [the appropriate] license under this chapter.

SECTION 6. Section 403.102, Occupations Code, is amended to read as follows:

Sec. 403.102. ISSUANCE OF LICENSE. The department shall issue a [licensed dyslexia practitioner or] licensed dyslexia therapist license to an applicant who meets the requirements of this chapter.

SECTION 7. Sections 403.106(a) and (b), Occupations Code, are amended to read as follows:

(a) For purposes of determining whether an applicant satisfies the training requirements for a license under this chapter, a multisensory structured language education training program completed by the applicant must:

(1) be accredited by a nationally recognized accrediting organization;

(2) have in writing defined goals and objectives, areas of authority, and policies and procedures;

(3) have the appropriate financial and management resources to operate the training program, including a knowledgeable administrator and standard accounting and reporting procedures;

(4) have a physical site, equipment, materials, supplies, and environment suitable for the training program;

(5) have a sufficient number of instructional personnel who have completed the requirements for certification in multisensory structured language education;

(6) have been reviewed by multisensory structured language education professionals who are not affiliated with the training program;

(7) have developed and followed procedures to maintain and improve the quality of training provided by the program;

(8) have provided direct instruction in the principles and in each element of multisensory structured language education for a minimum of[:

[(A)] 200 contact hours of course work [for training program participants who seek a licensed dyslexia therapist license; and

[(B) 45 contact hours of course work for training program participants who seek a licensed dyslexia practitioner license];

(9) have required training program participants to complete a program of supervised clinical experience in which the participants provided multisensory structured language education to students or adults, either individually or in small groups for a minimum of [:

[(A)] 700 hours [for training program participants who seek a licensed dyslexia therapist license; and

[(B) 60 hours for training program participants who seek a licensed dyslexia practitioner license];

(10) have required training program participants to demonstrate the application of multisensory structured language education principles of instruction by completing demonstration lessons observed by an instructor and followed by a conference with and a written report by the instructor; and

(11) have provided instruction based on the Texas Education Agency publication "The Dyslexia Handbook: Procedures Concerning Dyslexia and Related Disorders (2007)," or a revised version of that publication approved by the department.

(b) A training program must require a training program participant [who seeks a licensed dyslexia practitioner license] to have completed at least 10 [five] demonstration lessons described by Subsection (a)(10) [and a participant who seeks a licensed dyslexia therapist license to have completed at least 10 demonstration lessons].

SECTION 8. Subchapter C, Chapter 403, Occupations Code, is amended by adding Section 403.111 to read as follows:

Sec. 403.111. PROVISIONAL LICENSE. (a) A person is eligible for a provisional license under this chapter if the person is:

(1) certified as a Certified Academic Language Therapist by the Academic Language Therapy Association; and

(2) pursuing a master's degree from an accredited public or private institution of higher education.

(b) The department shall issue a provisional license to an applicant who:

(1) meets the requirements of Subsection (a);

(2) complies with commission rules;

(3) applies to the department on the form and in the manner prescribed by the executive director; and

(4) pays the required fee.

(c) The commission shall adopt rules necessary to implement this section.

(d) This section expires September 1, 2024.

SECTION 9. Section 403.151(b), Occupations Code, is amended to read as follows:

(b) A person may not practice dyslexia therapy [licensed dyslexia therapist may practice] in a [school, learning center, clinic, or] private practice setting, including a learning center or clinic, unless the person is a licensed dyslexia therapist.

SECTION 10. The following provisions of the Occupations Code are repealed:

(1) Section 403.104; and

(2) Section 403.151(a).

SECTION 11. A license issued under a law that is repealed by this Act expires on the effective date of this Act.

SECTION 12. (a) The change in law made by this Act does not affect the validity of a proceeding pending before a court or other governmental entity on the effective date of this Act.

(b) A violation of law committed before the effective date of this Act is governed by the law in effect on the date the violation was committed, and the former law is continued in effect for that purpose.

SECTION 13. This Act takes effect September 1, 2019.