Texas 2009 - 81st Regular

Texas House Bill HB461 Compare Versions

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1	1	H.B. No. 461
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of dyslexia practitioners and
6	6	therapists; providing penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subtitle G, Title 3, Occupations Code, is
9	9	amended by adding Chapter 403 to read as follows:
10	10	CHAPTER 403. LICENSED DYSLEXIA PRACTITIONERS AND LICENSED DYSLEXIA
11	11	THERAPISTS
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 403.001. DEFINITIONS. In this chapter:
14	14	(1) "Commissioner" means the commissioner of state
15	15	health services.
16	16	(2) "Department" means the Department of State Health
17	17	Services.
18	18	(3) "Executive commissioner" means the executive
19	19	commissioner of the Health and Human Services Commission.
20	20	(4) "License holder" means a person who holds a
21	21	license issued under this chapter.
22	22	(5) "Multisensory structured language education"
23	23	means a program described by the International Multisensory
24	24	Structured Language Education Council for the treatment of
25	25	individuals with dyslexia and related disorders that provides
26	26	instruction in the skills of reading, writing, and spelling:
27	27	(A) through program content that includes:
28	28	(i) phonology and phonological awareness;
29	29	(ii) sound and symbol association;
30	30	(iii) syllables;
31	31	(iv) morphology;
32	32	(v) syntax; and
33	33	(vi) semantics; and
34	34	(B) following principles of instruction that
35	35	include:
36	36	(i) simultaneous multisensory instruction,
37	37	including visual-auditory-kinesthetic-tactile instruction;
38	38	(ii) systematic and cumulative
39	39	instruction;
40	40	(iii) explicit instruction;
41	41	(iv) diagnostic teaching to automaticity;
42	42	and
43	43	(v) synthetic and analytic instruction.
44	44	(6) "Qualified instructor" means a person described by
45	45	Section 403.110.
46	46	Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF STATE HEALTH
47	47	SERVICES. The department shall administer this chapter.
48	48	Sec. 403.003. APPLICABILITY. This chapter does not:
49	49	(1) require a school district to employ a person
50	50	licensed under this chapter;
51	51	(2) require an individual who is licensed under
52	52	Chapter 501 to obtain a license under this chapter; or
53	53	(3) authorize a person who is not licensed under
54	54	Chapter 401 to practice audiology or speech-language pathology.
55	55	[Sections 403.004-403.050 reserved for expansion]
56	56	SUBCHAPTER B. POWERS AND DUTIES
57	57	Sec. 403.051. ADVISORY COMMITTEE. The department shall
58	58	appoint an advisory committee to advise the department in
59	59	administering this chapter.
60	60	Sec. 403.052. RULES. The executive commissioner shall
61	61	adopt rules necessary to administer and enforce this chapter,
62	62	including rules that establish standards of ethical practice.
63	63	[Sections 403.053-403.100 reserved for expansion]
64	64	SUBCHAPTER C. LICENSE REQUIREMENTS
65	65	Sec. 403.101. LICENSE REQUIRED. A person may not use the
66	66	title "licensed dyslexia practitioner" or "licensed dyslexia
67	67	therapist" in this state unless the person holds the appropriate
68	68	license under this chapter.
69	69	Sec. 403.102. ISSUANCE OF LICENSE. The department shall
70	70	issue a licensed dyslexia practitioner or licensed dyslexia
71	71	therapist license to an applicant who meets the requirements of
72	72	this chapter.
73	73	Sec. 403.103. LICENSE APPLICATION. (a) A license
74	74	applicant must apply to the department on a form and in the manner
75	75	the department prescribes.
76	76	(b) The application must be accompanied by a nonrefundable
77	77	application fee.
78	78	Sec. 403.104. ELIGIBILITY FOR LICENSED DYSLEXIA
79	79	PRACTITIONER LICENSE. (a) To be eligible for a licensed dyslexia
80	80	practitioner license, an applicant must have:
81	81	(1) earned a bachelor's degree from an accredited
82	82	public or private institution of higher education;
83	83	(2) successfully completed at least 45 hours of course
84	84	work in multisensory structured language education from a training
85	85	program that meets the requirements of Section 403.106;
86	86	(3) completed at least 60 hours of supervised clinical
87	87	experience in multisensory structured language education;
88	88	(4) completed at least five demonstration lessons of
89	89	the practice of multisensory structured language education, each
90	90	observed by an instructor from a training program that meets the
91	91	requirements of Section 403.106 and followed by a conference with
92	92	and a written report by the instructor; and
93	93	(5) successfully completed a national multisensory
94	94	structured language education competency examination approved by
95	95	the department and administered by a national certifying
96	96	professional organization.
97	97	(b) Clinical experience required under Subsection (a)(3)
98	98	must be obtained under:
99	99	(1) the supervision of a qualified instructor or an
100	100	instructor from an accredited training program that meets the
101	101	requirements of Section 403.106; and
102	102	(2) guidelines approved by the department.
103	103	Sec. 403.105. ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST
104	104	LICENSE. (a) To be eligible for a licensed dyslexia therapist
105	105	license, an applicant must have:
106	106	(1) earned at least a master's degree from an
107	107	accredited public or private institution of higher education;
108	108	(2) successfully completed at least 200 hours of
109	109	course work in multisensory structured language education from a
110	110	training program that meets the requirements of Section 403.106;
111	111	(3) completed at least 700 hours of supervised
112	112	clinical experience in multisensory structured language education;
113	113	(4) completed at least 10 demonstration lessons of the
114	114	practice of multisensory structured language education, each
115	115	observed by an instructor from a training program that meets the
116	116	requirements of Section 403.106 and followed by a conference with
117	117	and a written report by the instructor; and
118	118	(5) successfully completed a national multisensory
119	119	structured language education competency examination approved by
120	120	the department and administered by a national certifying
121	121	professional organization.
122	122	(b) Clinical experience required under Subsection (a)(3)
123	123	must be obtained under:
124	124	(1) the supervision of a qualified instructor or an
125	125	instructor from an accredited training program that meets the
126	126	requirements of Section 403.106; and
127	127	(2) guidelines approved by the department.
128	128	Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For
129	129	purposes of determining whether an applicant satisfies the training
130	130	requirements for a license under this chapter, a multisensory
131	131	structured language education training program completed by the
132	132	applicant must:
133	133	(1) be accredited by a nationally recognized
134	134	accrediting organization;
135	135	(2) have in writing defined goals and objectives,
136	136	areas of authority, and policies and procedures;
137	137	(3) have the appropriate financial and management
138	138	resources to operate the training program, including a
139	139	knowledgeable administrator and standard accounting and reporting
140	140	procedures;
141	141	(4) have a physical site, equipment, materials,
142	142	supplies, and environment suitable for the training program;
143	143	(5) have a sufficient number of instructional
144	144	personnel who have completed the requirements for certification in
145	145	multisensory structured language education;
146	146	(6) have been reviewed by multisensory structured
147	147	language education professionals who are not affiliated with the
148	148	training program;
149	149	(7) have developed and followed procedures to maintain
150	150	and improve the quality of training provided by the program;
151	151	(8) have provided direct instruction in the principles
152	152	and in each element of multisensory structured language education
153	153	for a minimum of:
154	154	(A) 200 contact hours of course work for training
155	155	program participants who seek a licensed dyslexia therapist
156	156	license; and
157	157	(B) 45 contact hours of course work for training
158	158	program participants who seek a licensed dyslexia practitioner
159	159	license;
160	160	(9) have required training program participants to
161	161	complete a program of supervised clinical experience in which the
162	162	participants provided multisensory structured language education
163	163	to students or adults, either individually or in small groups for a
164	164	minimum of:
165	165	(A) 700 hours for training program participants
166	166	who seek a licensed dyslexia therapist license; and
167	167	(B) 60 hours for training program participants
168	168	who seek a licensed dyslexia practitioner license;
169	169	(10) have required training program participants to
170	170	demonstrate the application of multisensory structured language
171	171	education principles of instruction by completing demonstration
172	172	lessons observed by an instructor and followed by a conference with
173	173	and a written report by the instructor; and
174	174	(11) have provided instruction based on the Texas
175	175	Education Agency publication "The Dyslexia Handbook: Procedures
176	176	Concerning Dyslexia and Related Disorders (2007)," or a revised
177	177	version of that publication approved by the department.
178	178	(b) A training program must require a training program
179	179	participant who seeks a licensed dyslexia practitioner license to
180	180	have completed at least five demonstration lessons described by
181	181	Subsection (a)(10) and a participant who seeks a licensed dyslexia
182	182	therapist license to have completed at least 10 demonstration
183	183	lessons.
184	184	(c) The department, in consultation with the advisory
185	185	committee, shall determine whether a training program meets the
186	186	requirements of this section.
187	187	Sec. 403.107. EXAMINATION; RULES. (a) To obtain a license,
188	188	an applicant must:
189	189	(1) pass a written examination approved by the
190	190	department under Subsection (b); and
191	191	(2) pay fees set by the executive commissioner.
192	192	(b) The department shall, in consultation with the advisory
193	193	committee:
194	194	(1) identify and designate a competency examination
195	195	that is related to multisensory structured language education and
196	196	that will be administered at least twice each year by a professional
197	197	organization that issues national certifications; and
198	198	(2) maintain a record of all examinations for at least
199	199	two years after the date of examination.
200	200	Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The
201	201	department, in consultation with the advisory committee, may waive
202	202	the examination requirement and issue a license to an applicant who
203	203	holds an appropriate certificate or other accreditation from a
204	204	nationally accredited multisensory structured language education
205	205	organization recognized by the department.
206	206	Sec. 403.109. INACTIVE STATUS; RULES. (a) The executive
207	207	commissioner by rule may provide for a license holder to be placed
208	208	on inactive status.
209	209	(b) Rules adopted under this section must include a time
210	210	limit for a license holder to remain on inactive status.
211	211	Sec. 403.110. QUALIFIED INSTRUCTOR. To be considered a
212	212	qualified instructor under this chapter, a person must:
213	213	(1) be a licensed dyslexia therapist;
214	214	(2) have at least 1,400 hours of clinical teaching
215	215	experience in addition to the hours required to obtain a licensed
216	216	dyslexia therapist license; and
217	217	(3) have completed a two-year course of study
218	218	dedicated to the administration and supervision of multisensory
219	219	structured language education programs taught by a nationally
220	220	accredited training program that meets the requirements of Section
221	221	403.106.
222	222	[Sections 403.111-403.150 reserved for expansion]
223	223	SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
224	224	Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia
225	225	practitioner may practice only in an educational setting, including
226	226	a school, learning center, or clinic.
227	227	(b) A licensed dyslexia therapist may practice in a school,
228	228	learning center, clinic, or private practice setting.
229	229	Sec. 403.152. CONTINUING EDUCATION. (a) A license
230	230	holder's license may not be renewed unless the license holder meets
231	231	the continuing education requirements established by the executive
232	232	commissioner.
233	233	(b) The executive commissioner, in consultation with the
234	234	advisory committee, shall establish the continuing education
235	235	requirements in a manner that allows a license holder to comply
236	236	without an extended absence from the license holder's county of
237	237	residence.
238	238	(c) The department shall:
239	239	(1) provide to a license applicant, with the
240	240	application form on which the person is to apply for a license,
241	241	information describing the continuing education requirements; and
242	242	(2) notify each license holder of any change in the
243	243	continuing education requirements at least one year before the date
244	244	the change takes effect.
245	245	[Sections 403.153-403.200 reserved for expansion]
246	246	SUBCHAPTER E. LICENSE DENIAL; COMPLAINT AND DISCIPLINARY
247	247	PROCEDURES
248	248	Sec. 403.201. COMPLAINTS. Any person may file a complaint
249	249	with the department alleging a violation of this chapter or a rule
250	250	adopted under this chapter.
251	251	Sec. 403.202. PROHIBITED ACTIONS. A license holder may
252	252	not:
253	253	(1) obtain a license by means of fraud,
254	254	misrepresentation, or concealment of a material fact;
255	255	(2) sell, barter, or offer to sell or barter a license;
256	256	or
257	257	(3) engage in unprofessional conduct that endangers or
258	258	is likely to endanger the health, welfare, or safety of the public
259	259	as defined by executive commissioner rule.
260	260	Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a
261	261	license holder violates this chapter or a rule or code of ethics
262	262	adopted by the executive commissioner, the department shall:
263	263	(1) revoke or suspend the license;
264	264	(2) place on probation the person if the person's
265	265	license has been suspended;
266	266	(3) reprimand the license holder; or
267	267	(4) refuse to renew the license.
268	268	Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR
269	269	CRIMINAL CONVICTION. (a) The department may deny a license or may
270	270	suspend or revoke a license if the applicant or license holder has
271	271	been convicted of a misdemeanor involving moral turpitude or a
272	272	felony. The department may take action authorized by this section
273	273	when:
274	274	(1) the time for appeal of the person's conviction has
275	275	elapsed;
276	276	(2) the judgment or conviction has been affirmed on
277	277	appeal; or
278	278	(3) an order granting probation is made suspending the
279	279	imposition of the person's sentence, without regard to whether a
280	280	subsequent order:
281	281	(A) allows withdrawal of a plea of guilty;
282	282	(B) sets aside a verdict of guilty; or
283	283	(C) dismisses an information or indictment.
284	284	(b) A plea or verdict of guilty or a conviction following a
285	285	plea of nolo contendere is a conviction for purposes of this
286	286	section.
287	287	Sec. 403.205. HEARING. (a) If the department proposes to
288	288	revoke, suspend, or refuse to renew a person's license, the person
289	289	is entitled to a hearing before a hearings officer appointed by the
290	290	State Office of Administrative Hearings.
291	291	(b) The executive commissioner shall prescribe procedures
292	292	for appealing to the commissioner a decision to revoke, suspend, or
293	293	refuse to renew a license.
294	294	Sec. 403.206. ADMINISTRATIVE PROCEDURE. A proceeding under
295	295	this subchapter to suspend, revoke, or refuse to renew a license is
296	296	governed by Chapter 2001, Government Code.
297	297	Sec. 403.207. SANCTIONS. (a) The executive commissioner,
298	298	in consultation with the advisory committee, by rule shall adopt a
299	299	broad schedule of sanctions for a violation of this chapter.
300	300	(b) The State Office of Administrative Hearings shall use
301	301	the schedule of sanctions for a sanction imposed as the result of a
302	302	hearing conducted by that office.
303	303	Sec. 403.208. PROBATION. The department may require a
304	304	license holder whose license suspension is probated to:
305	305	(1) report regularly to the department on matters that
306	306	are the basis of the probation;
307	307	(2) limit practice to areas prescribed by the
308	308	department; or
309	309	(3) continue the license holder's professional
310	310	education until the license holder attains a degree of skill
311	311	satisfactory to the department in those areas that are the basis of
312	312	the probation.
313	313	Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The
314	314	executive commissioner by rule shall develop a system for
315	315	monitoring a license holder's compliance with the requirements of
316	316	this chapter.
317	317	(b) Rules adopted under this section must include
318	318	procedures to:
319	319	(1) monitor for compliance a license holder who is
320	320	ordered by the department to perform certain acts; and
321	321	(2) identify and monitor license holders who represent
322	322	a risk to the public.
323	323	Sec. 403.210. INFORMAL PROCEDURES. (a) The executive
324	324	commissioner by rule shall adopt procedures governing:
325	325	(1) informal disposition of a contested case under
326	326	Section 2001.056, Government Code; and
327	327	(2) an informal proceeding held in compliance with
328	328	Section 2001.054, Government Code.
329	329	(b) Rules adopted under Subsection (a) must:
330	330	(1) provide the complainant and the license holder an
331	331	opportunity to be heard; and
332	332	(2) require the presence of a representative of the
333	333	attorney general or the department's legal counsel to advise the
334	334	department or the department's employees.
335	335	Sec. 403.211. REINSTATEMENT. (a) A person may apply for
336	336	reinstatement of a revoked license on or after the first
337	337	anniversary of the date of revocation.
338	338	(b) The department may:
339	339	(1) accept or reject the application; and
340	340	(2) require an examination as a condition for
341	341	reinstatement of the license.
342	342	Sec. 403.212. REPRIMAND; CONTINUING EDUCATION. (a) In
343	343	addition to other disciplinary action authorized by this
344	344	subchapter, the department may:
345	345	(1) issue a written reprimand to a license holder who
346	346	violates this chapter; or
347	347	(2) require that a license holder who violates this
348	348	chapter attend continuing education programs.
349	349	(b) The department, in consultation with the advisory
350	350	committee, may specify the number of hours of continuing education
351	351	that must be completed by a license holder to fulfill the
352	352	requirement of Subsection (a)(2).
353	353	[Sections 403.213-403.250 reserved for expansion]
354	354	SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
355	355	Sec. 403.251. CIVIL PENALTY. (a) A person who violates
356	356	this chapter, a rule adopted by the executive commissioner, or an
357	357	order adopted by the commissioner under this chapter is liable for a
358	358	civil penalty not to exceed $500 for each occurrence.
359	359	(b) At the request of the department, the attorney general
360	360	shall bring an action to recover a civil penalty authorized under
361	361	this section.
362	362	Sec. 403.252. CEASE AND DESIST ORDER. (a) If it appears to
363	363	the commissioner that a person who is not licensed under this
364	364	chapter is violating this chapter or a rule adopted under this
365	365	chapter, the commissioner after notice and an opportunity for a
366	366	hearing may issue a cease and desist order prohibiting the person
367	367	from engaging in the activity.
368	368	(b) A violation of an order under this section constitutes
369	369	grounds for imposing a civil penalty under this chapter.
370	370	SECTION 2. The heading to Subtitle G, Title 3, Occupations
371	371	Code, is amended to read as follows:
372	372	SUBTITLE G. PROFESSIONS RELATED TO HEARING, [AND] SPEECH, AND
373	373	DYSLEXIA
374	374	SECTION 3. (a) An interim committee is created to study
375	375	and recommend legislation to increase awareness of early detection
376	376	and treatment of dyslexia and related disorders. The committee's
377	377	study shall examine:
378	378	(1) early detection and intervention;
379	379	(2) access to treatment in rural areas of the state;
380	380	(3) the role of public education and higher education
381	381	in detection and treatment;
382	382	(4) treatment for older students and adults; and
383	383	(5) any barriers related to accommodations for
384	384	individuals with dyslexia and related disorders.
385	385	(b) The committee consists of the following nine members:
386	386	(1) two members who are senators, one of whom
387	387	represents a rural area, appointed by the lieutenant governor;
388	388	(2) two members who are state representatives, one of
389	389	whom represents a rural area, appointed by the speaker of the house
390	390	of representatives; and
391	391	(3) five members appointed by the governor as follows:
392	392	(A) one member who represents an institution of
393	393	higher education that offers courses in dyslexia and related
394	394	disorders;
395	395	(B) one member who represents a nationally
396	396	accredited training center;
397	397	(C) one member who is a certified academic
398	398	language therapist;
399	399	(D) one member who is a public school dyslexia
400	400	designee; and
401	401	(E) one member who is a parent of a student with
402	402	dyslexia.
403	403	(c) The committee shall elect a presiding officer from among
404	404	its members.
405	405	(d) The committee shall convene at the call of the presiding
406	406	officer.
407	407	(e) Committee members may not receive compensation or
408	408	reimbursement of expenses for serving on the committee.
409	409	(f) Not later than December 1, 2010, the committee shall
410	410	report the committee's findings and recommendations to the
411	411	lieutenant governor, the speaker of the house of representatives,
412	412	and the governor.
413	413	(g) Not later than the 60th day after the effective date of
414	414	this Act, the lieutenant governor, the speaker of the house of
415	415	representatives, and the governor shall appoint the members of the
416	416	interim committee created under this section.
417	417	(h) This section expires September 1, 2011.
418	418	SECTION 4. Not later than November 1, 2009, the
419	419	commissioner of the Department of State Health Services shall
420	420	appoint the initial members of the advisory committee under Section
421	421	403.051, Occupations Code, as added by this Act.
422	422	SECTION 5. Not later than June 1, 2010, the executive
423	423	commissioner of the Health and Human Services Commission shall
424	424	adopt final rules under Section 403.052, Occupations Code, as added
425	425	by this Act.
426	426	SECTION 6. The Department of State Health Services shall
427	427	issue a licensed dyslexia therapist license to an applicant under
428	428	this section who:
429	429	(1) applies for a license under this section not later
430	430	than December 31, 2012;
431	431	(2) not later than November 30, 2012, meets the
432	432	requirements of Sections 403.105(a)(2)-(5), Occupations Code, as
433	433	added by this Act;
434	434	(3) submits any other information required by the
435	435	department by rule; and
436	436	(4) pays the application fee.
437	437	SECTION 7. (a) Except as required by Subsection (b) of
438	438	this section, this Act takes effect September 1, 2009.
439	439	(b) Section 403.101 and Subchapters E and F, Chapter 403,
440	440	Occupations Code, as added by this Act, take effect September 1,
441	441	2010.
442	442	______________________________ ______________________________
443	443	President of the Senate Speaker of the House
444	444	I certify that H.B. No. 461 was passed by the House on May 5,
445	445	2009, by the following vote: Yeas 131, Nays 13, 2 present, not
446	446	voting; and that the House concurred in Senate amendments to H.B.
447	447	No. 461 on May 29, 2009, by the following vote: Yeas 140, Nays 2, 1
448	448	present, not voting.
449	449	______________________________
450	450	Chief Clerk of the House
451	451	I certify that H.B. No. 461 was passed by the Senate, with
452	452	amendments, on May 23, 2009, by the following vote: Yeas 31, Nays
453	453	0.
454	454	______________________________
455	455	Secretary of the Senate
456	456	APPROVED: __________________
457	457	Date
458	458	__________________
459	459	Governor