Texas 2015 - 84th Regular

Texas Senate Bill SB1971 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Huffman S.B. No. 1971
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the transfer of the regulation of licensed dyslexia
7	7	practitioners and licensed dyslexia therapists to the Texas
8	8	Department of Licensing and Regulation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 403.001, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 403.001. DEFINITIONS. In this chapter:
13	13	(1) "Advisory Board" means the Licensed Dyslexia
14	14	Practitioner and Licensed Dyslexia Therapist Advisory Board.
15	15	(2) [(1)] "Commission" ["Commissioner"] means the
16	16	Texas Commission of Licensing and Regulation [commissioner of state
17	17	health services].
18	18	(3) [(2)] "Department" means the Texas Department of
19	19	Licensing and Regulation [Department of State Health Services].
20	20	(4) [(3)] "Executive Director" ["Executive
21	21	commissioner"] means the executive director of the Texas Department
22	22	of Licensing and Regulation [commissioner of the Health and Human
23	23	Services Commission].
24	24	(5) [(4)] "License holder" means a person who holds a
25	25	license issued under this chapter.
26	26	(6) [(5)] "Multisensory structured language
27	27	education" means a program described by the International
28	28	Multisensory Structured Language Education Council for the
29	29	treatment of individuals with dyslexia and related disorders that
30	30	provides instruction in the skills of reading, writing, and
31	31	spelling:
32	32	(A) through program content that includes:
33	33	(i) phonology and phonological awareness;
34	34	(ii) sound and symbol association;
35	35	(iii) syllables;
36	36	(iv) morphology;
37	37	(v) syntax; and
38	38	(vi) semantics; and
39	39	(B) following principles of instruction that
40	40	include:
41	41	(i) simultaneous multisensory instruction,
42	42	including visual-auditory-kinesthetic-tactile instruction;
43	43	(ii) systematic and cumulative
44	44	instruction;
45	45	(iii) explicit instruction;
46	46	(iv) diagnostic teaching to automaticity;
47	47	and
48	48	(v) synthetic and analytic instruction.
49	49	[(6) "Qualified instructor" means a person described
50	50	by Section 403.110.]
51	51	SECTION 2. Subchapter B, Chapter 403, Occupations Code, is
52	52	amended by adding new Section 403.049 as follows:
53	53	Sec. 403.049. FEES. The commission by rule shall establish
54	54	reasonable and necessary fees in amounts sufficient to cover the
55	55	costs of administering and enforcing this chapter.
56	56	SECTION 3. Subchapter B, Chapter 403, Occupations Code, is
57	57	amended by adding new Section 403.050 as follows:
58	58	Section 403.050. POWERS AND DUTIES OF EXECUTIVE DIRECTOR.
59	59	The executive director shall administer and enforce this chapter.
60	60	SECTION 4. Section 403.051, Occupations Code, is amended to
61	61	read as follows:
62	62	Sec. 403.051. ADVISORY BOARD [COMMITTEE]. (a) The
63	63	commission [department] shall appoint an advisory board
64	64	[committee] to advise the department in administering this chapter.
65	65	(b) The Advisory board consists of 7 members appointed by
66	66	the presiding officer of the commission with the approval of the
67	67	commission as follows:
68	68	(1) 3 dyslexia therapists licensed under this Chapter;
69	69	(2) 2 dyslexia practitioner licensed under this
70	70	Chapter; and
71	71	(3) 2 public members, one of whom must be a person with
72	72	dyslexia or the parent of a person with dyslexia.
73	73	(c) Advisory board members serve terms of four years, with
74	74	the terms of three members expiring on February 1 of each
75	75	odd-numbered year.
76	76	(d) If a vacancy occurs during a term, the presiding officer
77	77	of the commission, with the approval of the commission, shall
78	78	appoint a replacement who meets the qualifications of the vacated
79	79	position to serve for the remainder of the term.
80	80	(e) The presiding officer of the commission shall appoint
81	81	one of the advisory board members to serve as presiding officer of
82	82	the advisory board for a term of two years. The presiding officer of
83	83	the advisory board may vote on any matter before the advisory board.
84	84	(f) Advisory board members may not receive compensation but
85	85	are entitled to reimbursement for actual and necessary expenses
86	86	incurred in performing the functions of the advisory board, subject
87	87	to the General Appropriations Act.
88	88	(g) The advisory board shall meet at the call of the
89	89	presiding officer of the commission or the executive director.
90	90	(h) The advisory board shall provide advice and
91	91	recommendations to the department on technical matters relevant to
92	92	the administration of this chapter.
93	93	(i) A member of the advisory board may be removed from the
94	94	advisory board as provided by Section 51.209, Occupations Code.
95	95	SECTION 5. Section 403.052, Occupations Code, is amended to
96	96	read as follows:
97	97	Sec. 403.052. RULES. The commission [executive
98	98	commissioner] shall adopt rules necessary to administer and enforce
99	99	this chapter including rules that establish standards of ethical
100	100	practice and establish requirements for continuing education
101	101	including a minimum number of hours of continuing education
102	102	required to renew a license under this chapter.
103	103	SECTION 6. Section 403.103, Occupations Code, is amended to
104	104	read as follows:
105	105	Sec. 403.103. LICENSE APPLICATION. (a) An application for
106	106	a license under this chapter must be submitted in the manner and on
107	107	a form prescribed by the executive director [A license applicant
108	108	must apply to the department on a form and in the manner the
109	109	department prescribes].
110	110	(b) The commission by rule shall determine the information
111	111	and documentation required to be submitted as part of an
112	112	application for each license under this chapter [application must
113	113	be accompanied by a nonrefundable application fee].
114	114	(c) The commission by rule shall establish the appropriate
115	115	fees required to be paid by the applicant to obtain a license under
116	116	this chapter.
117	117	SECTION 7. Subchapter C, Chapter 403, Occupations Code, is
118	118	amended to add Section 403.1035 to read as follows:
119	119	Sec. 403.1035. LICENSE RENEWAL. (a) A license issued under
120	120	this chapter is valid for one year.
121	121	(b) The commission by rule shall establish the requirements
122	122	for renewing a license issued under this chapter, including the
123	123	payment of applicable fees.
124	124	SECTION 8. Section 403.106, Occupations Code, is amended to
125	125	read as follows;
126	126	Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS.
127	127	(a) For purposes of determining whether an applicant
128	128	satisfies the training requirements for a license under this
129	129	chapter, a multisensory structured language education training
130	130	program completed by the applicant must:
131	131	(1) be accredited by a nationally recognized
132	132	accrediting organization;
133	133	(2) have in writing defined goals and objectives,
134	134	areas of authority, and policies and procedures;
135	135	(3) have the appropriate financial and management
136	136	resources to operate the training program, including a
137	137	knowledgeable administrator and standard accounting and reporting
138	138	procedures;
139	139	(4) have a physical site, equipment, materials,
140	140	supplies, and environment suitable for the training program;
141	141	(5) have a sufficient number of instructional
142	142	personnel who have completed the requirements for certification in
143	143	multisensory structured language education;
144	144	(6) have been reviewed by multisensory structured
145	145	language education professionals who are not affiliated with the
146	146	training program;
147	147	(7) have developed and followed procedures to maintain
148	148	and improve the quality of training provided by the program;
149	149	(8) have provided direct instruction in the principles
150	150	and in each element of multisensory structured language education
151	151	for a minimum of:
152	152	(A) 200 contact hours of course work for training
153	153	program participants who seek a licensed dyslexia therapist
154	154	license; and
155	155	(B) 45 contact hours of course work for training
156	156	program participants who seek a licensed dyslexia practitioner
157	157	license;
158	158	(9) have required training program participants to
159	159	complete a program of supervised clinical experience in which the
160	160	participants provided multisensory structured language education
161	161	to students or adults, either individually or in small groups for a
162	162	minimum of:
163	163	(A) 700 hours for training program participants
164	164	who seek a licensed dyslexia therapist license; and
165	165	(B) 60 hours for training program participants
166	166	who seek a licensed dyslexia practitioner license;
167	167	(10) have required training program participants to
168	168	demonstrate the application of multisensory structured language
169	169	education principles of instruction by completing demonstration
170	170	lessons observed by an instructor and followed by a conference with
171	171	and a written report by the instructor; and
172	172	(11) have provided instruction based on the Texas
173	173	Education Agency publication "The Dyslexia Handbook: Procedures
174	174	Concerning Dyslexia and Related Disorders (2007)," or a revised
175	175	version of that publication approved by the department.
176	176	(b) A training program must require a training program
177	177	participant who seeks a licensed dyslexia practitioner license to
178	178	have completed at least five demonstration lessons described by
179	179	Subsection (a)(10) and a participant who seeks a licensed dyslexia
180	180	therapist license to have completed at least 10 demonstration
181	181	lessons.
182	182	(c) The department[, in consultation with the advisory
183	183	committee,] shall determine whether a training program meets the
184	184	requirements of this section.
185	185	SECTION 10. Section 403.107, Occupations Code, is amended
186	186	to read as follows:
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 the required fees.[set by the executive
192	192	commissioner]
193	193	(b) The department shall:[in consultation with the advisory
194	194	committee];
195	195	(1) identify and designate a competency examination
196	196	that is related to multisensory structured language education and
197	197	that will be administered at least twice each year by a professional
198	198	organization that issues national certifications; and
199	199	(2) maintain[s] a record of all examinations for at
200	200	least two years after the date of examination.
201	201	SECTION 11. Section 403.108, Occupations Code, is amended
202	202	to read as follows:
203	203	Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The
204	204	department[, in consultation with the advisory committee,] may
205	205	waive the examination requirement and issue a license to an
206	206	applicant who holds an appropriate certificate or other
207	207	accreditation from a nationally accredited multisensory structured
208	208	language education organization recognized by the department.
209	209	SECTION 12. Section 403.202, Occupations Code, is amended
210	210	to read as follows:
211	211	Sec. 403.202. PROHIBITED ACTIONS. A license holder may
212	212	not:
213	213	(1) obtain a license by means of fraud,
214	214	misrepresentation, or concealment of a material fact;
215	215	(2) sell, barter, or offer to sell or barter a license;
216	216	or
217	217	(3) engage in unprofessional conduct that endangers or
218	218	is likely to endanger the health, welfare, or safety of the public
219	219	as defined by commission [executive commissioner] rule.
220	220	SECTION 13. Section 403.203, Occupations Code, is amended
221	221	to read as follows:
222	222	Sec. 403.203. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
223	223	ACTION. The commission or executive director may refuse to issue or
224	224	renew a license or registration, revoke or suspend a license or
225	225	registration, place on probation a person whose license or
226	226	registration has been suspended, or reprimand a license or
227	227	registration holder who violates this chapter, a rule adopted under
228	228	this chapter, or an order of the commission or executive director.
229	229	[If a license holder violates this chapter or a rule or code of
230	230	ethics adopted by the executive commissioner, the department shall:
231	231	(1) revoke or suspend the license;
232	232	(2) place on probation the person if the person's
233	233	license has been suspended;
234	234	(3) reprimand the license holder; or
235	235	(4) refuse to renew the license.]
236	236	SECTION 14. Section 403.207, Occupations Code, is amended
237	237	to read as follows:
238	238	Sec. 403.207. ADMINISTRATIVE PENALTY [SANCTIONS]. The
239	239	commission or executive director may impose an administrative
240	240	penalty against a person who violates a law establishing a
241	241	regulatory program administered by the department or a rule adopted
242	242	or issued by the commission or executive director as provided by
243	243	Section 51.301, Occupations Code. [(a) The executive
244	244	commissioner, in consultation with the advisory committee, by rule
245	245	shall adopt a broad schedule of sanctions for a violation of this
246	246	chapter.
247	247	(b) The State Office of Administrative Hearings shall use
248	248	the schedule of sanctions for a sanction imposed as the result of a
249	249	hearing conducted by that office.]
250	250	SECTION 15. Section 403.251, Occupations Code, is amended
251	251	to read as follows:
252	252	Sec. 403.251. CIVIL PENALTY. (a) A person who violates
253	253	this chapter, a rule adopted by the commission [executive
254	254	commissioner], or an order adopted by the commission or executive
255	255	director [commissioner] under this chapter is liable for a civil
256	256	penalty not to exceed $500 for each occurrence.
257	257	(b) At the request of the department, the attorney general
258	258	shall bring an action to recover a civil penalty authorized under
259	259	this section.
260	260	SECTION 16. REPEALERS. The following sections are
261	261	repealed:
262	262	Section 403.002;
263	263	Section 403.109;
264	264	Section 403.152;
265	265	Section 403.201;
266	266	Section 403.204;
267	267	Section 403.205;
268	268	Section 403.208;
269	269	Section 403.209;
270	270	Section 403.210;
271	271	Section 403.211;
272	272	Section 403.212; and
273	273	Section 403.252.
274	274	SECTION 17. The commission shall adopt rules implementing
275	275	Chapter 403, Occupations Code, as amended by this Act, no later than
276	276	March 1, 2016.
277	277	SECTION 18. A rule or fee under Chapter 403, Occupations
278	278	Code, in effect on the effective date of this Act remains in effect
279	279	until changed by the Texas Commission of Licensing and Regulation.
280	280	SECTION 19. As soon as practicable after the effective date
281	281	of this Act, the Department of State Health Services and the Texas
282	282	Department of Licensing and Regulation shall adopt a transition
283	283	plan to provide for the transfer not later than January 1, 2016, of
284	284	the following to the Texas Department of Licensing and Regulation
285	285	to the extent necessary for the exercise of that department's
286	286	powers and duties related to Chapter 403, Occupations Code, as
287	287	amended by this Act:
288	288	(1) personnel;
289	289	(2) equipment; and
290	290	(3) money appropriated for the fiscal biennium ending
291	291	August 31, 2017.
292	292	SECTION 20. Effective Date. This Act takes effect
293	293	immediately if it receives a vote of two-thirds of all the members
294	294	elected to each house, as provided by Section 39, Article III, Texas
295	295	Constitution. If this Act does not receive the vote necessary for
296	296	immediate effect, this Act takes effect September 1, 2015.