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.