Texas 2013 - 83rd Regular

Texas House Bill HB1549 Compare Versions

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11 83R15923 SLB-D
22 By: Laubenberg H.B. No. 1549
33 Substitute the following for H.B. No. 1549:
44 By: Kolkhorst C.S.H.B. No. 1549
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the regulation of speech-language pathology and
1010 audiology and the fitting and dispensing of hearing instruments.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 401.057, Occupations Code, is amended to
1313 read as follows:
1414 Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter
1515 does not prevent a person in an industrial setting from engaging in
1616 hearing testing as a part of a hearing conservation program in
1717 compliance with federal Occupational Safety and Health
1818 Administration regulations [if the person is certified by an agency
1919 acceptable to the Occupational Safety and Health Administration].
2020 SECTION 2. Subchapter E, Chapter 401, Occupations Code, is
2121 amended by adding Section 401.2022 to read as follows:
2222 Sec. 401.2022. JOINT RULES FOR FITTING AND DISPENSING OF
2323 HEARING INSTRUMENTS BY TELEPRACTICE. With the assistance of the
2424 department, the board and the State Committee of Examiners in the
2525 Fitting and Dispensing of Hearing Instruments shall jointly adopt
2626 rules to establish requirements for the fitting and dispensing of
2727 hearing instruments by the use of telepractice.
2828 SECTION 3. Section 401.304(a), Occupations Code, is amended
2929 to read as follows:
3030 (a) To be eligible for licensing as a speech-language
3131 pathologist or audiologist, an applicant must:
3232 (1) if the application is for a license in:
3333 (A) speech-language pathology, possess at least
3434 a master's degree with a major in at least one of the areas of
3535 communicative sciences or disorders from a program accredited by a
3636 national accrediting organization that is approved by the board and
3737 recognized by the United States secretary of education under the
3838 Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an
3939 accredited or approved college or university; or
4040 (B) audiology, possess at least a doctoral degree
4141 in audiology or a related hearing science from a program accredited
4242 by a national accrediting organization that is approved by the
4343 board and recognized by the United States secretary of education
4444 under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et
4545 seq.) in an accredited or approved college or university;
4646 (2) submit a transcript from a public or private
4747 institution of higher learning showing successful completion of
4848 course work in amounts set by the board in:
4949 (A) normal development and use of speech,
5050 language, and hearing;
5151 (B) evaluation, habilitation, and rehabilitation
5252 of speech, language, and hearing disorders; and
5353 (C) related fields that augment the work of
5454 clinical practitioners of speech-language pathology and audiology;
5555 (3) have successfully completed at least 36 semester
5656 hours in courses that are acceptable toward a graduate degree by the
5757 college or university in which the courses are taken, at least 24 of
5858 which must be in the professional area for which the license is
5959 requested [and at least six of which must be:
6060 [(A) in audiology if the application is for a
6161 speech-language pathology license; or
6262 [(B) in speech-language pathology if the
6363 application is for an audiology license];
6464 (4) have completed the minimum number of hours,
6565 established by the board, of supervised clinical experience with
6666 persons who present a variety of communication disorders; and
6767 (5) have completed the full-time supervised
6868 professional experience, as defined by board rule, in which
6969 clinical work has been accomplished in the major professional area
7070 for which the license is being sought.
7171 SECTION 4. Section 401.306(a), Occupations Code, is amended
7272 to read as follows:
7373 (a) [The board shall notify each examinee of the results of
7474 the examination not later than the 30th day after the date the
7575 examination is administered.] If an examination is graded or
7676 reviewed by a national or state testing service that does not
7777 directly notify examinees of the examination results, the board
7878 shall notify each examinee of the results not later than the 14th
7979 day after the date the board receives the results from the testing
8080 service.
8181 SECTION 5. Subchapter G, Chapter 401, Occupations Code, is
8282 amended by adding Section 401.315 to read as follows:
8383 Sec. 401.315. LICENSING FOR MILITARY SPOUSES. (a) In this
8484 section:
8585 (1) "Military service member" means a person who is
8686 currently serving in the armed forces of the United States, in a
8787 reserve component of the armed forces of the United States,
8888 including the National Guard, or in the state military service of
8989 any state.
9090 (2) "Military spouse" means a person who is married to
9191 a military service member.
9292 (b) The board shall issue a license to a military spouse
9393 who:
9494 (1) was licensed in good standing as a speech-language
9595 pathologist or audiologist in another state as of the date of the
9696 application;
9797 (2) holds a master's degree in at least one of the
9898 areas of communicative sciences or disorders from a program
9999 accredited by a national accrediting organization that is:
100100 (A) approved by the board; and
101101 (B) recognized by the United States secretary of
102102 education under the Higher Education Act of 1965 (20 U.S.C. Section
103103 1001 et seq.); and
104104 (3) has not been the subject of a disciplinary action
105105 in any jurisdiction in which the applicant is or has been licensed.
106106 SECTION 6. Subchapter I, Chapter 401, Occupations Code, is
107107 amended by adding Section 401.405 to read as follows:
108108 Sec. 401.405. TELEPRACTICE. (a) In this section,
109109 "telepractice" means the use of telecommunications technology by a
110110 license holder for an assessment, intervention, or consultation
111111 regarding a speech-language pathology or audiology client.
112112 (b) The board may adopt rules consistent with the joint
113113 rules under Section 401.2022 to provide for the practice of
114114 speech-language pathology or audiology by the use of telepractice
115115 by a person licensed under this chapter, including rules that
116116 establish the qualifications and duties of license holders who use
117117 telepractice.
118118 SECTION 7. Subchapter C, Chapter 402, Occupations Code, is
119119 amended by adding Section 402.1023 to read as follows:
120120 Sec. 402.1023. JOINT RULES FOR FITTING AND DISPENSING OF
121121 HEARING INSTRUMENTS BY TELEPRACTICE. With the assistance of the
122122 department, the committee and the State Board of Examiners for
123123 Speech-Language Pathology and Audiology shall jointly adopt rules
124124 to establish requirements for the fitting and dispensing of hearing
125125 instruments by the use of telepractice.
126126 SECTION 8. Subchapter H, Chapter 402, Occupations Code, is
127127 amended by adding Section 402.354 to read as follows:
128128 Sec. 402.354. TELEPRACTICE. (a) In this section,
129129 "telepractice" means the use of telecommunications technology by a
130130 license holder for the fitting and dispensing of hearing
131131 instruments.
132132 (b) The committee may adopt rules consistent with the joint
133133 rules under Section 402.1023 to provide for the fitting and
134134 dispensing of hearing instruments by the use of telepractice,
135135 including rules that establish the qualifications and duties of
136136 license holders who use telepractice.
137137 SECTION 9. The following provisions of the Occupations Code
138138 are repealed:
139139 (1) Section 401.309;
140140 (2) Section 401.314; and
141141 (3) Section 401.355(c).
142142 SECTION 10. The State Board of Examiners for
143143 Speech-Language Pathology and Audiology by rule may establish a
144144 procedure to issue an audiologist license to a person who submits an
145145 application before September 1, 2014, and who:
146146 (1) has a master's degree in audiology; and
147147 (2) was licensed as an audiologist in this state
148148 between September 1, 2007, and September 1, 2011.
149149 SECTION 11. Section 401.304, Occupations Code, as amended
150150 by this Act, applies only to an application for a license filed on
151151 or after January 1, 2015. An application for a license filed before
152152 January 1, 2015, is governed by the law in effect on the date the
153153 application was filed, and that law is continued in effect for that
154154 purpose.
155155 SECTION 12. (a) The State Board of Examiners for
156156 Speech-Language Pathology and Audiology and the State Committee of
157157 Examiners in the Fitting and Dispensing of Hearing Instruments
158158 shall jointly adopt rules under Sections 401.2022 and 402.1023,
159159 Occupations Code, as added by this Act, not later than January 1,
160160 2014.
161161 (b) The State Board of Examiners for Speech-Language
162162 Pathology and Audiology shall adopt any rules necessary to
163163 implement Section 401.304, Occupations Code, as amended by this
164164 Act, and Section 401.405, Occupations Code, as added by this Act,
165165 not later than January 1, 2014.
166166 (c) The State Committee of Examiners in the Fitting and
167167 Dispensing of Hearing Instruments shall adopt any rules necessary
168168 to implement Section 402.354, Occupations Code, as added by this
169169 Act, not later than January 1, 2014.
170170 SECTION 13. This Act takes effect September 1, 2013.