83R3259 SLB-F By: Hegar S.B. No. 312 A BILL TO BE ENTITLED AN ACT relating to the regulation of speech-language pathology and audiology. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 401.057, Occupations Code, is amended to read as follows: Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter does not prevent a person in an industrial setting from engaging in hearing testing as a part of a hearing conservation program in compliance with federal Occupational Safety and Health Administration regulations [if the person is certified by an agency acceptable to the Occupational Safety and Health Administration]. SECTION 2. Section 401.304(a), Occupations Code, is amended to read as follows: (a) To be eligible for licensing as a speech-language pathologist or audiologist, an applicant must: (1) if the application is for a license in: (A) speech-language pathology, possess at least a master's degree with a major in at least one of the areas of communicative sciences or disorders from a program accredited by a national accrediting organization that is approved by the board and recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved college or university; or (B) audiology, possess at least a doctoral degree in audiology or a related hearing science from a program accredited by a national accrediting organization that is approved by the board and recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved college or university; (2) submit a transcript from a public or private institution of higher learning showing successful completion of course work in amounts set by the board in: (A) normal development and use of speech, language, and hearing; (B) evaluation, habilitation, and rehabilitation of speech, language, [and] hearing, and swallowing disorders, including the use of instruments to measure parameters of communication and swallowing; and (C) related fields that augment the work of clinical practitioners of speech-language pathology and audiology; (3) have successfully completed at least 36 semester hours in courses that are acceptable toward a graduate degree by the college or university in which the courses are taken, at least 24 of which must be in the professional area for which the license is requested [and at least six of which must be: [(A) in audiology if the application is for a speech-language pathology license; or [(B) in speech-language pathology if the application is for an audiology license]; (4) have completed the minimum number of hours, established by the board, of supervised clinical experience with persons who present a variety of communication disorders; and (5) have completed the full-time supervised professional experience, as defined by board rule, in which clinical work has been accomplished in the major professional area for which the license is being sought. SECTION 3. Section 401.306(a), Occupations Code, is amended to read as follows: (a) [The board shall notify each examinee of the results of the examination not later than the 30th day after the date the examination is administered.] If an examination is graded or reviewed by a national or state testing service that does not directly notify examinees of the examination results, the board shall notify each examinee of the results not later than the 14th day after the date the board receives the results from the testing service. SECTION 4. Subchapter G, Chapter 401, Occupations Code, is amended by adding Section 401.315 to read as follows: Sec. 401.315. LICENSING FOR MILITARY SPOUSES. (a) In this section: (1) "Military service member" means a person who is currently serving in the armed forces of the United States, in a reserve component of the armed forces of the United States, including the National Guard, or in the state military service of any state. (2) "Military spouse" means a person who is married to a military service member. (b) The board shall issue a license to a military spouse who: (1) was licensed in good standing as a speech-language pathologist or audiologist in another state as of the date of the application; (2) holds a master's degree in at least one of the areas of communicative sciences or disorders from a program accredited by a national accrediting organization that is: (A) approved by the board; and (B) recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.); and (3) has not been the subject of a disciplinary action in any jurisdiction in which the applicant is or has been licensed. SECTION 5. Section 401.403(a), Occupations Code, is amended to read as follows: (a) An audiologist may: (1) engage in any act necessary to: (A) evaluate and provide therapy for hearing and balance function; (B) train in the use of amplification, including hearing instruments; (C) make earmolds for hearing instruments; (D) fit, dispense, and sell hearing instruments; or (E) manage cerumen; (2) participate in consultation regarding noise control and hearing conservation; (3) provide evaluations of environment or equipment, including calibration of equipment used in testing auditory functioning and hearing conservation; and (4) perform basic speech and language screening tests and procedures consistent with the audiologist's training. SECTION 6. Subchapter I, Chapter 401, Occupations Code, is amended by adding Section 401.405 to read as follows: Sec. 401.405. TELEPRACTICE. (a) In this section, "telepractice" means the use of telecommunications technology by a license holder for an assessment, intervention, or consultation regarding a speech-language pathology or audiology client. (b) The board may adopt rules to provide for the practice of speech-language pathology or audiology by the use of telepractice by a person licensed under this chapter, including rules that establish the qualifications and duties of license holders who use telepractice. SECTION 7. The following sections of the Occupations Code are repealed: (1) Section 401.309; (2) Section 401.314; (3) Section 401.355(c); and (4) Section 401.401. SECTION 8. The State Board of Examiners for Speech-Language Pathology and Audiology by rule may establish a procedure to issue an audiologist license to a person who submits an application before September 1, 2014, and who: (1) has a master's degree in audiology; and (2) was licensed as an audiologist in this state between September 1, 2007, and September 1, 2011. SECTION 9. Section 401.304, Occupations Code, as amended by this Act, applies only to an application for a license filed on or after January 1, 2015. An application for a license filed before January 1, 2015, is governed by the law in effect on the date the application was filed, and that law is continued in effect for that purpose. SECTION 10. The State Board of Examiners for Speech-Language Pathology and Audiology shall adopt any rules necessary to implement Section 401.304, Occupations Code, as amended by this Act, not later than January 1, 2014. SECTION 11. This Act takes effect September 1, 2013.