By: Eissler, et al. (Senate Sponsor - Huffman) H.B. No. 461
(In the Senate - Received from the House May 6, 2009;
May 7, 2009, read first time and referred to Committee on Health and
Human Services; May 18, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 18, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 461 By: Huffman
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 403.110.
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;
(2) require an individual who is licensed under
Chapter 501 to obtain a license under this chapter; or
(3) 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" or "licensed 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 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 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) identify and designate 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. 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. 403.109. 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. 403.110. 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 in addition to the hours required to obtain a licensed
dyslexia therapist license; 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 403.111-403.150 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's license may not be renewed unless the license holder 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. 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. 403.212. 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).
[Sections 403.213-403.250 reserved for expansion]
SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
Sec. 403.251. 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 $500 for each occurrence.
(b) At the request of the department, the attorney general
shall bring an action to recover a civil penalty authorized under
this section.
Sec. 403.252. 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 a civil 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. (a) An interim committee is created to study
and recommend legislation to increase awareness of early detection
and treatment of dyslexia and related disorders. The committee's
study shall examine:
(1) early detection and intervention;
(2) access to treatment in rural areas of the state;
(3) the role of public education and higher education
in detection and treatment;
(4) treatment for older students and adults; and
(5) any barriers related to accommodations for
individuals with dyslexia and related disorders.
(b) The committee consists of the following nine members:
(1) two members who are senators, one of whom
represents a rural area, appointed by the lieutenant governor;
(2) two members who are state representatives, one of
whom represents a rural area, appointed by the speaker of the house
of representatives; and
(3) five members appointed by the governor as follows:
(A) one member who represents an institution of
higher education that offers courses in dyslexia and related
disorders;
(B) one member who represents a nationally
accredited training center;
(C) one member who is a certified academic
language therapist;
(D) one member who is a public school dyslexia
designee; and
(E) one member who is a parent of a student with
dyslexia.
(c) The committee shall elect a presiding officer from among
its members.
(d) The committee shall convene at the call of the presiding
officer.
(e) Committee members may not receive compensation or
reimbursement of expenses for serving on the committee.
(f) Not later than December 1, 2010, the committee shall
report the committee's findings and recommendations to the
lieutenant governor, the speaker of the house of representatives,
and the governor.
(g) Not later than the 60th day after the effective date of
this Act, the lieutenant governor, the speaker of the house of
representatives, and the governor shall appoint the members of the
interim committee created under this section.
(h) This section expires September 1, 2011.
SECTION 4. 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 5. 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 6. 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 7. (a) Except as required by Subsection (b) of
this section, this Act takes effect September 1, 2009.
(b) Section 403.101 and Subchapters E and F, Chapter 403,
Occupations Code, as added by this Act, take effect September 1,
2010.
* * * * *