Texas 2013 - 83rd Regular

Texas Senate Bill SB312 Compare Versions

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1	1	By: Hegar S.B. No. 312
2	2	(Laubenberg)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of speech-language pathology and
8	8	audiology and the fitting and dispensing of hearing instruments.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 401.057, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter
13	13	does not prevent a person in an industrial setting from engaging in
14	14	hearing testing as a part of a hearing conservation program in
15	15	compliance with federal Occupational Safety and Health
16	16	Administration regulations [if the person is certified by an agency
17	17	acceptable to the Occupational Safety and Health Administration].
18	18	SECTION 2. Subchapter E, Chapter 401, Occupations Code, is
19	19	amended by adding Section 401.2022 to read as follows:
20	20	Sec. 401.2022. JOINT RULES FOR FITTING AND DISPENSING OF
21	21	HEARING INSTRUMENTS BY TELEPRACTICE. With the assistance of the
22	22	department, the board and the State Committee of Examiners in the
23	23	Fitting and Dispensing of Hearing Instruments shall jointly adopt
24	24	rules to establish requirements for the fitting and dispensing of
25	25	hearing instruments by the use of telepractice.
26	26	SECTION 3. Subsection (a), Section 401.304, Occupations
27	27	Code, is amended to read as follows:
28	28	(a) To be eligible for licensing as a speech-language
29	29	pathologist or audiologist, an applicant must:
30	30	(1) if the application is for a license in:
31	31	(A) speech-language pathology, possess at least
32	32	a master's degree with a major in at least one of the areas of
33	33	communicative sciences or disorders from a program accredited by a
34	34	national accrediting organization that is approved by the board and
35	35	recognized by the United States secretary of education under the
36	36	Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an
37	37	accredited or approved college or university; or
38	38	(B) audiology, possess at least a doctoral degree
39	39	in audiology or a related hearing science from a program accredited
40	40	by a national accrediting organization that is approved by the
41	41	board and recognized by the United States secretary of education
42	42	under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et
43	43	seq.) in an accredited or approved college or university;
44	44	(2) submit a transcript from a public or private
45	45	institution of higher learning showing successful completion of
46	46	course work in amounts set by the board in:
47	47	(A) normal development and use of speech,
48	48	language, and hearing;
49	49	(B) evaluation, habilitation, and rehabilitation
50	50	of speech, language, and hearing disorders; and
51	51	(C) related fields that augment the work of
52	52	clinical practitioners of speech-language pathology and audiology;
53	53	(3) have successfully completed at least 36 semester
54	54	hours in courses that are acceptable toward a graduate degree by the
55	55	college or university in which the courses are taken, at least 24 of
56	56	which must be in the professional area for which the license is
57	57	requested [and at least six of which must be:
58	58	[(A) in audiology if the application is for a
59	59	speech-language pathology license; or
60	60	[(B) in speech-language pathology if the
61	61	application is for an audiology license];
62	62	(4) have completed the minimum number of hours,
63	63	established by the board, of supervised clinical experience with
64	64	persons who present a variety of communication disorders; and
65	65	(5) have completed the full-time supervised
66	66	professional experience, as defined by board rule, in which
67	67	clinical work has been accomplished in the major professional area
68	68	for which the license is being sought.
69	69	SECTION 4. Subsection (a), Section 401.306, Occupations
70	70	Code, is amended to read as follows:
71	71	(a) [The board shall notify each examinee of the results of
72	72	the examination not later than the 30th day after the date the
73	73	examination is administered.] If an examination is graded or
74	74	reviewed by a national or state testing service that does not
75	75	directly notify examinees of the examination results, the board
76	76	shall notify each examinee of the results not later than the 14th
77	77	day after the date the board receives the results from the testing
78	78	service.
79	79	SECTION 5. Subchapter G, Chapter 401, Occupations Code, is
80	80	amended by adding Section 401.315 to read as follows:
81	81	Sec. 401.315. LICENSING FOR MILITARY SPOUSES. (a) In this
82	82	section:
83	83	(1) "Military service member" means a person who is
84	84	currently serving in the armed forces of the United States, in a
85	85	reserve component of the armed forces of the United States,
86	86	including the National Guard, or in the state military service of
87	87	any state.
88	88	(2) "Military spouse" means a person who is married to
89	89	a military service member.
90	90	(b) The board shall issue a license to a military spouse
91	91	who:
92	92	(1) was licensed in good standing as a speech-language
93	93	pathologist or audiologist in another state as of the date of the
94	94	application;
95	95	(2) holds a master's degree in at least one of the
96	96	areas of communicative sciences or disorders from a program
97	97	accredited by a national accrediting organization that is:
98	98	(A) approved by the board; and
99	99	(B) recognized by the United States secretary of
100	100	education under the Higher Education Act of 1965 (20 U.S.C. Section
101	101	1001 et seq.); and
102	102	(3) has not been the subject of a disciplinary action
103	103	in any jurisdiction in which the applicant is or has been licensed.
104	104	SECTION 6. Subchapter I, Chapter 401, Occupations Code, is
105	105	amended by adding Section 401.405 to read as follows:
106	106	Sec. 401.405. TELEPRACTICE. (a) In this section,
107	107	"telepractice" means the use of telecommunications technology by a
108	108	license holder for an assessment, intervention, or consultation
109	109	regarding a speech-language pathology or audiology client.
110	110	(b) The board may adopt rules consistent with the joint
111	111	rules under Section 401.2022 to provide for the practice of
112	112	speech-language pathology or audiology by the use of telepractice
113	113	by a person licensed under this chapter, including rules that
114	114	establish the qualifications and duties of license holders who use
115	115	telepractice.
116	116	SECTION 7. Subchapter C, Chapter 402, Occupations Code, is
117	117	amended by adding Section 402.1023 to read as follows:
118	118	Sec. 402.1023. JOINT RULES FOR FITTING AND DISPENSING OF
119	119	HEARING INSTRUMENTS BY TELEPRACTICE. With the assistance of the
120	120	department, the committee and the State Board of Examiners for
121	121	Speech-Language Pathology and Audiology shall jointly adopt rules
122	122	to establish requirements for the fitting and dispensing of hearing
123	123	instruments by the use of telepractice.
124	124	SECTION 8. Subchapter H, Chapter 402, Occupations Code, is
125	125	amended by adding Section 402.354 to read as follows:
126	126	Sec. 402.354. TELEPRACTICE. (a) In this section,
127	127	"telepractice" means the use of telecommunications technology by a
128	128	license holder for the fitting and dispensing of hearing
129	129	instruments.
130	130	(b) The committee may adopt rules consistent with the joint
131	131	rules under Section 402.1023 to provide for the fitting and
132	132	dispensing of hearing instruments by the use of telepractice,
133	133	including rules that establish the qualifications and duties of
134	134	license holders who use telepractice.
135	135	SECTION 9. The following provisions of the Occupations Code
136	136	are repealed:
137	137	(1) Section 401.309;
138	138	(2) Section 401.314; and
139	139	(3) Subsection (c), Section 401.355.
140	140	SECTION 10. The State Board of Examiners for
141	141	Speech-Language Pathology and Audiology by rule may establish a
142	142	procedure to issue an audiologist license to a person who submits an
143	143	application before September 1, 2014, and who:
144	144	(1) has a master's degree in audiology; and
145	145	(2) was licensed as an audiologist in this state
146	146	between September 1, 2007, and September 1, 2011.
147	147	SECTION 11. Section 401.304, Occupations Code, as amended
148	148	by this Act, applies only to an application for a license filed on
149	149	or after January 1, 2015. An application for a license filed before
150	150	January 1, 2015, is governed by the law in effect on the date the
151	151	application was filed, and that law is continued in effect for that
152	152	purpose.
153	153	SECTION 12. (a) The State Board of Examiners for
154	154	Speech-Language Pathology and Audiology and the State Committee of
155	155	Examiners in the Fitting and Dispensing of Hearing Instruments
156	156	shall jointly adopt rules under Sections 401.2022 and 402.1023,
157	157	Occupations Code, as added by this Act, not later than January 1,
158	158	2014.
159	159	(b) The State Board of Examiners for Speech-Language
160	160	Pathology and Audiology shall adopt any rules necessary to
161	161	implement Section 401.304, Occupations Code, as amended by this
162	162	Act, and Section 401.405, Occupations Code, as added by this Act,
163	163	not later than January 1, 2014.
164	164	(c) The State Committee of Examiners in the Fitting and
165	165	Dispensing of Hearing Instruments shall adopt any rules necessary
166	166	to implement Section 402.354, Occupations Code, as added by this
167	167	Act, not later than January 1, 2014.
168	168	SECTION 13. This Act takes effect September 1, 2013.