81R3306 BEF-F
By: Eissler H.B. No. 461
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of dyslexia practitioners and
therapists; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 3, Occupations Code, is
amended by adding Chapter 403 to read as follows:
CHAPTER 403. LICENSED DYSLEXIA PRACTITIONERS AND LICENSED DYSLEXIA
THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 403.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of state
health services.
(2) "Department" means the Department of State Health
Services.
(3) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(4) "License holder" means a person who holds a
license issued under this chapter.
(5) "Multisensory structured language education"
means a program described by the International Multisensory
Structured Language Education Council for the treatment of
individuals with dyslexia and related disorders that provides
instruction in the skills of reading, writing, and spelling:
(A) through program content that includes:
(i) phonology and phonological awareness;
(ii) sound and symbol association;
(iii) syllables;
(iv) morphology;
(v) syntax; and
(vi) semantics; and
(B) following principles of instruction that
include:
(i) simultaneous multisensory instruction,
including visual-auditory-kinesthetic-tactile instruction;
(ii) systematic and cumulative
instruction;
(iii) explicit instruction;
(iv) diagnostic teaching to automaticity;
and
(v) synthetic and analytic instruction.
(6) "Qualified instructor" means a person described by
Section 403.113.
Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF STATE HEALTH
SERVICES. The department shall administer this chapter.
Sec. 403.003. APPLICABILITY. This chapter does not:
(1) require a school district to employ a person
licensed under this chapter; or
(2) authorize a person who is not licensed under
Chapter 401 to practice audiology or speech-language pathology.
[Sections 403.004-403.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 403.051. ADVISORY COMMITTEE. The department shall
appoint an advisory committee to advise the department in
administering this chapter.
Sec. 403.052. RULES. The executive commissioner shall
adopt rules necessary to administer and enforce this chapter,
including rules that establish standards of ethical practice.
[Sections 403.053-403.100 reserved for expansion]
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 403.101. LICENSE REQUIRED. A person may not use the
title "licensed dyslexia practitioner," "dyslexia practitioner,"
"licensed dyslexia therapist," or "dyslexia therapist" in this
state unless the person holds the appropriate license under this
chapter.
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.
Sec. 403.103. LICENSE APPLICATION. (a) A license
applicant must apply to the department on a form and in the manner
the department prescribes.
(b) The application must be accompanied by a nonrefundable
application fee.
Sec. 403.104. ELIGIBILITY FOR LICENSED DYSLEXIA
PRACTITIONER LICENSE. (a) To be eligible for a licensed dyslexia
practitioner license, an applicant must have:
(1) earned a bachelor's degree from an accredited
public or private institution of higher education;
(2) successfully completed at least 45 hours of course
work in multisensory structured language education from a training
program that meets the requirements of Section 403.106;
(3) completed at least 60 hours of supervised clinical
experience in multisensory structured language education;
(4) completed at least five demonstration lessons of
the practice of multisensory structured language education, each
observed by an instructor from a training program that meets the
requirements of Section 403.106 and followed by a conference with
and a written report by the instructor; and
(5) successfully completed a national multisensory
structured language education competency examination approved by
the department and administered by a national certifying
professional organization.
(b) Clinical experience required under Subsection (a)(3)
must be obtained under:
(1) the supervision of a qualified instructor or an
instructor from an accredited training program that meets the
requirements of Section 403.106; and
(2) guidelines approved by the department.
Sec. 403.105. ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST
LICENSE. (a) To be eligible for a licensed dyslexia therapist
license, an applicant must have:
(1) earned at least a master's degree from an
accredited public or private institution of higher education;
(2) successfully completed at least 200 hours of
course work in multisensory structured language education from a
training program that meets the requirements of Section 403.106;
(3) completed at least 700 hours of supervised
clinical experience in multisensory structured language education;
(4) completed at least 10 demonstration lessons of the
practice of multisensory structured language education, each
observed by an instructor from a training program that meets the
requirements of Section 403.106 and followed by a conference with
and a written report by the instructor; and
(5) successfully completed a national multisensory
structured language education competency examination approved by
the department and administered by a national certifying
professional organization.
(b) Clinical experience required under Subsection (a)(3)
must be obtained under:
(1) the supervision of a qualified instructor or an
instructor from an accredited training program that meets the
requirements of Section 403.106; and
(2) guidelines approved by the department.
Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (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 coursework for training
program participants who seek a licensed dyslexia therapist
license; and
(B) 45 contact hours of coursework 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 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 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.
(c) The department, in consultation with the advisory
committee, shall determine whether a training program meets the
requirements of this section.
Sec. 403.107. EXAMINATION; RULES. (a) To obtain a
license, an applicant must:
(1) pass a written examination approved by the
department under Subsection (b); and
(2) pay fees set by the executive commissioner.
(b) The department shall, in consultation with the advisory
committee:
(1) approve a competency examination that is related
to multisensory structured language education and that will be
administered at least twice each year by a professional
organization that issues national certifications; and
(2) maintain a record of all examinations for at least
two years after the date of examination.
Sec. 403.108. REEXAMINATION. (a) A person who fails the
examination may take a later examination on payment of a
nonrefundable fee for the examination.
(b) An applicant who fails two examinations may not be
reexamined until the person:
(1) submits a new application accompanied by a
nonrefundable application fee; and
(2) presents evidence acceptable to the department of
additional study in the area for which a license is sought.
Sec. 403.109. WAIVER OF EXAMINATION REQUIREMENT. The
department, in consultation with the advisory committee, may waive
the examination requirement and issue a license to an applicant who
holds an appropriate certificate or other accreditation from a
nationally accredited multisensory structured language education
organization recognized by the department.
Sec. 403.110. PROVISIONAL LICENSE. (a) The department, in
consultation with the advisory committee, may issue a provisional
license to an applicant currently licensed in another jurisdiction
who seeks a license in this state and who:
(1) has been certified in good standing as a
multisensory structured language education professional for at
least two of the last five years in another jurisdiction, including
a foreign country, that has certification requirements
substantially equivalent to the license requirements of this
chapter;
(2) has passed a national multisensory structured
language education certification examination or an equivalent
examination recognized by the department; and
(3) is sponsored by a person licensed by the
department under this chapter with whom the provisional license
holder will practice during the time the person holds a provisional
license.
(b) The department may waive the requirement of Subsection
(a)(3) for an applicant if the department determines that
compliance with that subsection would be a hardship to the
applicant.
(c) A provisional license is valid until the date the
department approves or denies the provisional license holder's
application for a license.
(d) The department shall issue a license under this chapter
to the provisional license holder if:
(1) the provisional license holder demonstrates
knowledge and understanding of the laws and rules relating to the
practice of multisensory structured language education in this
state;
(2) the department verifies that the provisional
license holder meets the academic and experience requirements for a
license under this chapter; and
(3) the provisional license holder satisfies any other
licensing requirements under this chapter.
(e) The department must approve or deny a provisional
license holder's application for a license not later than the 180th
day after the date the provisional license is issued. The
department may extend the 180-day period if the results of an
examination have not been received by the department before the end
of that period.
Sec. 403.111. TEMPORARY LICENSE; RULES. The executive
commissioner by rule may provide for the issuance of a temporary
license.
Sec. 403.112. INACTIVE STATUS; RULES. (a) The executive
commissioner by rule may provide for a license holder to be placed
on inactive status.
(b) Rules adopted under this section must include a time
limit for a license holder to remain on inactive status.
Sec. 403.113. QUALIFIED INSTRUCTOR. To be considered a
qualified instructor under this chapter, a person must:
(1) be a licensed dyslexia therapist;
(2) have at least 1,400 hours of clinical teaching
experience; and
(3) have completed a two-year course of study
dedicated to the administration and supervision of multisensory
structured language education programs taught by a nationally
accredited training program that meets the requirements of Section
403.106.
[Sections 403.114-403.150 reserved for expansion]
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia
practitioner may practice only in an educational setting, including
a school, learning center, or clinic.
(b) A licensed dyslexia therapist may practice in a school,
learning center, clinic, or private practice setting.
Sec. 403.152. CONTINUING EDUCATION. (a) A license holder
may not renew the person's license unless the person meets the
continuing education requirements established by the executive
commissioner.
(b) The executive commissioner, in consultation with the
advisory committee, shall establish the continuing education
requirements in a manner that allows a license holder to comply
without an extended absence from the license holder's county of
residence.
(c) The department shall:
(1) provide to a license applicant, with the
application form on which the person is to apply for a license,
information describing the continuing education requirements; and
(2) notify each license holder of any change in the
continuing education requirements at least one year before the date
the change takes effect.
[Sections 403.153-403.200 reserved for expansion]
SUBCHAPTER E. LICENSE DENIAL; COMPLAINT AND DISCIPLINARY
PROCEDURES
Sec. 403.201. COMPLAINTS. Any person may file a complaint
with the department alleging a violation of this chapter or a rule
adopted under this chapter.
Sec. 403.202. PROHIBITED ACTIONS. A license holder may
not:
(1) obtain a license by means of fraud,
misrepresentation, or concealment of a material fact;
(2) sell, barter, or offer to sell or barter a license;
or
(3) engage in unprofessional conduct that endangers or
is likely to endanger the health, welfare, or safety of the public
as defined by executive commissioner rule.
Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a
license holder violates this chapter or a rule or code of ethics
adopted by the executive commissioner, the department shall:
(1) revoke or suspend the license;
(2) place on probation the person if the person's
license has been suspended;
(3) reprimand the license holder; or
(4) refuse to renew the license.
Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR
CRIMINAL CONVICTION. (a) The department may deny a license or may
suspend or revoke a license if the applicant or license holder has
been convicted of a misdemeanor involving moral turpitude or a
felony. The department may take action authorized by this section
when:
(1) the time for appeal of the person's conviction has
elapsed;
(2) the judgment or conviction has been affirmed on
appeal; or
(3) an order granting probation is made suspending the
imposition of the person's sentence, without regard to whether a
subsequent order:
(A) allows withdrawal of a plea of guilty;
(B) sets aside a verdict of guilty; or
(C) dismisses an information or indictment.
(b) A plea or verdict of guilty or a conviction following a
plea of nolo contendere is a conviction for purposes of this
section.
Sec. 403.205. HEARING. (a) If the department proposes to
revoke, suspend, or refuse to renew a person's license, the person
is entitled to a hearing before a hearings officer appointed by the
State Office of Administrative Hearings.
(b) The executive commissioner shall prescribe procedures
for appealing to the commissioner a decision to revoke, suspend, or
refuse to renew a license.
Sec. 403.206. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter to suspend, revoke, or refuse to renew a license is
governed by Chapter 2001, Government Code.
Sec. 403.207. SANCTIONS. (a) The executive commissioner,
in consultation with the advisory committee, by rule shall adopt a
broad schedule of sanctions for a violation of this chapter.
(b) The State Office of Administrative Hearings shall use
the schedule of sanctions for a sanction imposed as the result of a
hearing conducted by that office.
Sec. 403.208. PROBATION. The department may require a
license holder whose license suspension is probated to:
(1) report regularly to the department on matters that
are the basis of the probation;
(2) limit practice to areas prescribed by the
department; or
(3) continue the license holder's professional
education until the license holder attains a degree of skill
satisfactory to the department in those areas that are the basis of
the probation.
Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The
executive commissioner by rule shall develop a system for
monitoring a license holder's compliance with the requirements of
this chapter.
(b) Rules adopted under this section must include
procedures to:
(1) monitor for compliance a license holder who is
ordered by the department to perform certain acts; and
(2) identify and monitor license holders who represent
a risk to the public.
Sec. 403.210. INFORMAL PROCEDURES. (a) The executive
commissioner by rule shall adopt procedures governing:
(1) informal disposition of a contested case under
Section 2001.056, Government Code; and
(2) an informal proceeding held in compliance with
Section 2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a representative of the
attorney general or the department's legal counsel to advise the
department or the department's employees.
Sec. 403.211. REFUND. (a) Subject to Subsection (b), the
department may order a license holder to pay a refund to a consumer
as provided in an agreement resulting from an informal settlement
conference instead of or in addition to imposing an administrative
penalty under this chapter.
(b) The amount of a refund ordered as provided in an
agreement resulting from an informal settlement conference may not
exceed the amount the consumer paid to the license holder for a
service regulated by this chapter. The department may not require
payment of other damages or estimate harm in a refund order.
Sec. 403.212. REINSTATEMENT. (a) A person may apply for
reinstatement of a revoked license on or after the first
anniversary of the date of revocation.
(b) The department may:
(1) accept or reject the application; and
(2) require an examination as a condition for
reinstatement of the license.
Sec. 403.213. REPRIMAND; CONTINUING EDUCATION. (a) In
addition to other disciplinary action authorized by this
subchapter, the department may:
(1) issue a written reprimand to a license holder who
violates this chapter; or
(2) require that a license holder who violates this
chapter attend continuing education programs.
(b) The department, in consultation with the advisory
committee, may specify the number of hours of continuing education
that must be completed by a license holder to fulfill the
requirement of Subsection (a)(2).
Sec. 403.214. EMERGENCY SUSPENSION. (a) The department
shall temporarily suspend the license of a license holder if the
department determines from the evidence or information presented to
it that continued practice by the license holder would constitute a
continuing and imminent threat to the public welfare.
(b) A license may be suspended under this section without
notice or hearing on the complaint if:
(1) action is taken to initiate proceedings for a
hearing before the State Office of Administrative Hearings
simultaneously with the temporary suspension; and
(2) a hearing is held as soon as practicable under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause to
believe that a continuing and imminent threat to the public welfare
still exists. A final hearing on the matter shall be held not later
than the 61st day after the date of the temporary suspension.
[Sections 403.215-403.250 reserved for expansion]
SUBCHAPTER F. ADMINISTRATIVE PENALTY
Sec. 403.251. IMPOSITION OF ADMINISTRATIVE PENALTY. The
department may impose an administrative penalty on a person
licensed under this chapter who violates this chapter or a rule or
order adopted under this chapter.
Sec. 403.252. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
amount of the administrative penalty may not be more than $5,000 for
each violation. Each day a violation continues or occurs is a
separate violation for the purpose of imposing a penalty.
(b) The amount shall be based on:
(1) the seriousness of the violation, including the
nature, circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
(c) The executive commissioner by rule shall adopt an
administrative penalty schedule based on the criteria listed in
Subsection (b) for violations of this chapter or applicable rules
to ensure that the amounts of penalties imposed are appropriate to
the violation. The executive commissioner shall provide the
administrative penalty schedule to the public on request.
Sec. 403.253. REPORT AND NOTICE OF VIOLATION AND PENALTY.
(a) If the commissioner or the commissioner's designee determines
that a violation occurred, the commissioner or the designee may
issue to the department a report stating:
(1) the facts on which the determination is based; and
(2) the commissioner's or the designee's
recommendation on the imposition of an administrative penalty,
including a recommendation on the amount of the penalty.
(b) Within 14 days after the date the report is issued, the
commissioner or the commissioner's designee shall give written
notice of the report to the license holder. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended administrative
penalty; and
(3) inform the license holder of the license holder's
right to a hearing on the occurrence of the violation, the amount of
the penalty, or both.
Sec. 403.254. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Within 10 days after the date the license holder receives the
notice, the license holder in writing may:
(1) accept the determination and recommended
administrative penalty of the commissioner or the commissioner's
designee; or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(b) If the license holder accepts the determination and
recommended penalty of the commissioner or the commissioner's
designee, the commissioner by order shall approve the determination
and impose the recommended penalty.
Sec. 403.255. HEARING. (a) If the license holder requests
a hearing or fails to respond in a timely manner to the notice, the
commissioner or the commissioner's designee shall set a hearing and
give written notice of the hearing to the license holder.
(b) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing.
(c) The administrative law judge shall make findings of fact
and conclusions of law and promptly issue to the commissioner a
proposal for a decision about the occurrence of the violation and
the amount of a proposed administrative penalty.
Sec. 403.256. DECISION BY COMMISSIONER. (a) Based on the
findings of fact, conclusions of law, and proposal for decision,
the commissioner by order may determine that:
(1) a violation occurred and impose an administrative
penalty; or
(2) a violation did not occur.
(b) The notice of the commissioner's order given to the
license holder must include a statement of the right of the license
holder to judicial review of the order.
Sec. 403.257. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
(a) Within 30 days after the date the commissioner's order becomes
final, the license holder shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
license holder who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the commissioner's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of
the license holder stating that the license holder is financially
unable to pay the penalty and is financially unable to give the
supersedeas bond; and
(B) giving a copy of the affidavit to the
commissioner or the commissioner's designee by certified mail.
(c) If the commissioner or the commissioner's designee
receives a copy of an affidavit under Subsection (b)(2), the
commissioner or the designee may file with the court, within five
days after the date the copy is received, a contest to the
affidavit.
(d) The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
license holder who files an affidavit has the burden of proving that
the license holder is financially unable to pay the penalty and to
give a supersedeas bond.
Sec. 403.258. COLLECTION OF PENALTY. (a) If the license
holder does not pay the administrative penalty and the enforcement
of the penalty is not stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
Sec. 403.259. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court may
uphold or reduce the amount of the administrative penalty and order
the license holder to pay the full or reduced amount of the penalty.
(b) If the court does not sustain the finding that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 403.260. REMITTANCE OF PENALTY AND INTEREST. (a) If
the license holder paid the administrative penalty and if the
amount of the penalty is reduced or the penalty is not upheld by the
court, the court shall order, when the court's judgment becomes
final, that the appropriate amount plus accrued interest be
remitted to the license holder.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on
the date the penalty is paid and ending on the date the penalty is
remitted.
(d) If the license holder gave a supersedeas bond and the
penalty is not upheld by the court, the court shall order, when the
court's judgment becomes final, the release of the bond.
(e) If the license holder gave a supersedeas bond and the
amount of the penalty is reduced, the court shall order the release
of the bond after the license holder pays the reduced amount.
Sec. 403.261. ADMINISTRATIVE PROCEDURE. A proceeding under
this subchapter is a contested case under Chapter 2001, Government
Code.
[Sections 403.262-403.300 reserved for expansion]
SUBCHAPTER G. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
Sec. 403.301. INJUNCTION. (a) The department may request
the attorney general or the appropriate county or district attorney
to commence an action to enjoin a violation of this chapter.
(b) The remedy provided by this section is in addition to
any other action authorized by law.
Sec. 403.302. CIVIL PENALTY. (a) A person who violates
this chapter, a rule adopted by the executive commissioner, or an
order adopted by the commissioner under this chapter is liable for a
civil penalty not to exceed $5,000 a day.
(b) At the request of the department, the attorney general
shall bring an action to recover a civil penalty authorized under
this section.
Sec. 403.303. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates Section 403.101.
(b) An offense under this section is a Class B misdemeanor.
Sec. 403.304. CEASE AND DESIST ORDER. (a) If it appears to
the commissioner that a person who is not licensed under this
chapter is violating this chapter or a rule adopted under this
chapter, the commissioner after notice and an opportunity for a
hearing may issue a cease and desist order prohibiting the person
from engaging in the activity.
(b) A violation of an order under this section constitutes
grounds for imposing an administrative penalty under this chapter.
SECTION 2. The heading to Subtitle G, Title 3, Occupations
Code, is amended to read as follows:
SUBTITLE G. PROFESSIONS RELATED TO HEARING, [AND] SPEECH, AND
DYSLEXIA
SECTION 3. Not later than November 1, 2009, the
commissioner of the Department of State Health Services shall
appoint the initial members of the advisory committee under Section
403.051, Occupations Code, as added by this Act.
SECTION 4. Not later than June 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt final rules under Section 403.052, Occupations Code, as added
by this Act.
SECTION 5. The Department of State Health Services shall
issue a licensed dyslexia therapist license to an applicant under
this section who:
(1) applies for a license under this section not later
than December 31, 2012;
(2) not later than November 30, 2012, meets the
requirements of Sections 403.105(a)(2)-(5), Occupations Code, as
added by this Act;
(3) submits any other information required by the
department by rule; and
(4) pays the application fee.
SECTION 6. (a) Except as required by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Section 403.101 and Subchapters E, F, and G, Chapter
403, Occupations Code, as added by this Act, take effect September
1, 2010.