Texas 2017 - 85th Regular

Texas House Bill HB3852 Compare Versions

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

Old	New	Differences
1	1	85R6687 KKR-F
2	2	By: Coleman H.B. No. 3852
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the licensing and regulation of speech-language
8	8	pathologists and audiologists by the Texas Board of Speech-Language
9	9	Pathology and Audiology Examiners and to the Executive Council of
10	10	Examiners of Physical Therapists, Occupational Therapists, and
11	11	Speech-Language Pathologists and Audiologists; providing civil and
12	12	administrative penalties; imposing fees.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 51.2031(a), Occupations Code, is amended
15	15	to read as follows:
16	16	(a) This section applies only to the regulation of the
17	17	following professions by the department:
18	18	(1) athletic trainers;
19	19	(2) dietitians;
20	20	(3) hearing instrument fitters and dispensers;
21	21	(4) midwives; and
22	22	(5) orthotists and prosthetists[; and
23	23	[(6) speech-language pathologists and audiologists].
24	24	SECTION 2. Section 401.001, Occupations Code, is amended to
25	25	read as follows:
26	26	Sec. 401.001. DEFINITIONS. In this chapter:
27	27	(1) ["Advisory board" means the Speech-Language
28	28	Pathologists and Audiologists Advisory Board.
29	29	[(1-a)] "Audiologist" means a person who meets the
30	30	qualifications of this chapter to practice audiology.
31	31	(2) "Audiology" means the application of nonmedical
32	32	principles, methods, and procedures for measurement, testing,
33	33	appraisal, prediction, consultation, counseling, habilitation,
34	34	rehabilitation, or instruction related to disorders of the auditory
35	35	or vestibular systems for the purpose of providing or offering to
36	36	provide services modifying communicative disorders involving
37	37	speech, language, or auditory or vestibular function or other
38	38	aberrant behavior relating to hearing loss.
39	39	(3) "Board" ["Commission"] means the Texas Board of
40	40	Speech-Language Pathology and Audiology Examiners [Texas
41	41	Commission of Licensing and Regulation].
42	42	(4) "Coordinator of speech-language pathology and
43	43	audiology programs" means the person employed in that position
44	44	under Section 452.101 ["Department" means the Texas Department of
45	45	Licensing and Regulation].
46	46	(5) [(4-a)] "Executive council" [director"] means the
47	47	Executive Council of Examiners of Physical Therapists,
48	48	Occupational Therapists, and Speech-Language Pathologists and
49	49	Audiologists [executive director of the department].
50	50	(6) [(4-b)] "Hearing instrument" has the meaning
51	51	assigned by Section 402.001.
52	52	(7) [(5)] "Speech-language pathologist" means a
53	53	person who meets the qualifications of this chapter to practice
54	54	speech-language pathology.
55	55	(8) [(6)] "Speech-language pathology" means the
56	56	application of nonmedical principles, methods, and procedures for
57	57	measurement, testing, evaluation, prediction, counseling,
58	58	habilitation, rehabilitation, or instruction related to the
59	59	development and disorders of communication, including speech,
60	60	voice, language, oral pharyngeal function, or cognitive processes,
61	61	for the purpose of evaluating, preventing, or modifying or offering
62	62	to evaluate, prevent, or modify those disorders and conditions in
63	63	an individual or a group.
64	64	SECTION 3. Subchapter A, Chapter 401, Occupations Code, is
65	65	amended by adding Sections 401.002 and 401.003 to read as follows:
66	66	Sec. 401.002. APPLICATION OF SUNSET ACT. The Texas Board of
67	67	Speech-Language Pathology and Audiology Examiners is subject to
68	68	Chapter 325, Government Code (Texas Sunset Act). Unless continued
69	69	in existence as provided by that chapter, the board is abolished and
70	70	this chapter expires on the date provided by Section 452.002.
71	71	Sec. 401.003. CONFLICT WITH OTHER LAW. To the extent of any
72	72	conflict between this chapter and Chapter 452, Chapter 452
73	73	controls.
74	74	SECTION 4. Section 401.052, Occupations Code, is amended to
75	75	read as follows:
76	76	Sec. 401.052. NURSES. This chapter does not prevent or
77	77	restrict a communication, speech, language, or hearing screening,
78	78	as defined by board [commission] rule, from being conducted by a
79	79	registered nurse:
80	80	(1) licensed in this state; and
81	81	(2) practicing in accordance with the standards of
82	82	professional conduct and ethics established by rules adopted by the
83	83	Texas Board of Nursing.
84	84	SECTION 5. Section 401.053(a), Occupations Code, is amended
85	85	to read as follows:
86	86	(a) This chapter does not apply to a person who shows
87	87	evidence of having received training by the Department of State
88	88	Health Services in a communication, speech, language, or hearing
89	89	screening training program approved by that department if the
90	90	person's activity is limited to screening as defined by board
91	91	[commission] rule.
92	92	SECTION 6. Sections 401.054(b), (c), and (d), Occupations
93	93	Code, are amended to read as follows:
94	94	(b) The Texas Education Agency certificate in
95	95	speech-language pathology must require an applicant to:
96	96	(1) hold a master's degree in communicative disorders
97	97	or the equivalent from a university program accredited by the
98	98	American Speech-Language-Hearing Association; and
99	99	(2) pass a national examination in speech-language
100	100	pathology or audiology approved by the board [department].
101	101	(c) A person affected by this section who performs work as a
102	102	speech-language pathologist or audiologist in addition to
103	103	performing the person's duties within an agency, institution, or
104	104	organization under the jurisdiction of the Texas Education Agency
105	105	is required to hold a license issued by the board [department]
106	106	unless that work is limited to speech and hearing screening
107	107	procedures performed without compensation.
108	108	(d) For the purposes of Subsection (b)(1), an applicant's
109	109	educational credentials are equivalent to a master's degree in
110	110	communicative disorders if the credentials:
111	111	(1) consist of graduate-level course work and
112	112	practicum from a program accredited by the American
113	113	Speech-Language-Hearing Association; and
114	114	(2) meet requirements that are the same as those
115	115	established by the board [department] for a license in
116	116	speech-language pathology or audiology.
117	117	SECTION 7. The heading to Subchapter C, Chapter 401,
118	118	Occupations Code, is amended to read as follows:
119	119	SUBCHAPTER C. TEXAS BOARD OF SPEECH-LANGUAGE PATHOLOGY AND
120	120	AUDIOLOGY EXAMINERS [PATHOLOGISTS AND AUDIOLOGISTS ADVISORY BOARD]
121	121	SECTION 8. Section 401.102, Occupations Code, is amended to
122	122	read as follows:
123	123	Sec. 401.102. [ADVISORY] BOARD MEMBERSHIP. (a) The
124	124	[advisory] board consists of nine members appointed by the governor
125	125	[presiding officer of the commission] with the advice and consent
126	126	of the senate [approval of the commission] as follows:
127	127	(1) three audiologist members;
128	128	(2) three speech-language pathologist members; and
129	129	(3) three members who represent the public.
130	130	(b) Board [Advisory board] members must:
131	131	(1) have been a resident of this state for the two
132	132	years preceding the date of appointment;
133	133	(2) be from the various geographic regions of the
134	134	state; and
135	135	(3) be from varying employment settings.
136	136	(c) The [advisory] board members appointed under
137	137	Subsections (a)(1) and (2) must:
138	138	(1) have been engaged in teaching, research, or
139	139	providing services in speech-language pathology or audiology for at
140	140	least five years; and
141	141	(2) be licensed under this chapter.
142	142	(d) One of the public [advisory] board members must be a
143	143	physician licensed in this state and certified in otolaryngology or
144	144	pediatrics.
145	145	(e) Appointments to the [advisory] board shall be made
146	146	without regard to the race, creed, sex, religion, or national
147	147	origin of the appointee.
148	148	SECTION 9. Subchapter C, Chapter 401, Occupations Code, is
149	149	amended by adding Sections 401.103 and 401.104 to read as follows:
150	150	Sec. 401.103. PUBLIC MEMBER ELIGIBILITY. A person is not
151	151	eligible for appointment as a public member of the board if:
152	152	(1) the person is registered, certified, or licensed
153	153	by an occupational regulatory agency in the field of health care;
154	154	(2) the person's spouse is registered, certified, or
155	155	licensed by an occupational regulatory agency in the field of
156	156	health care; or
157	157	(3) the person or the person's spouse:
158	158	(A) is employed by or participates in the
159	159	management of a business entity or other organization receiving
160	160	funds from the executive council or the board;
161	161	(B) owns or controls, directly or indirectly,
162	162	more than a 10 percent interest in a business entity or other
163	163	organization receiving funds from the executive council or the
164	164	board; or
165	165	(C) uses or receives a substantial amount of
166	166	funds from the executive council or the board, other than
167	167	compensation or reimbursement authorized by law for board
168	168	membership, attendance, or expenses.
169	169	Sec. 401.104. MEMBERSHIP RESTRICTIONS. (a) In this
170	170	section, "Texas trade association" means a cooperative and
171	171	voluntarily joined statewide association of business or
172	172	professional competitors in this state designed to assist its
173	173	members and its industry or profession in dealing with mutual
174	174	business or professional problems and in promoting their common
175	175	interest.
176	176	(b) A person may not be a member of the board if:
177	177	(1) the person is an officer, employee, manager, or
178	178	paid consultant of a Texas trade association in the field of health
179	179	care; or
180	180	(2) the person's spouse is an officer, employee,
181	181	manager, or paid consultant of a Texas trade association in the
182	182	field of health care.
183	183	(c) A person may not be a member of the board if the person
184	184	is required to register as a lobbyist under Chapter 305, Government
185	185	Code, because of the person's activities for compensation on behalf
186	186	of a profession related to the operation of the board.
187	187	SECTION 10. Section 401.105(b), Occupations Code, is
188	188	amended to read as follows:
189	189	(b) If a vacancy occurs during a member's term, the governor
190	190	[presiding officer of the commission, with the commission's
191	191	approval,] shall appoint a replacement who meets the qualifications
192	192	for the vacant position to serve for the remainder of the term.
193	193	SECTION 11. Section 401.107, Occupations Code, is amended
194	194	to read as follows:
195	195	Sec. 401.107. PRESIDING OFFICER. (a) After the
196	196	appointment of members every two years, the board [The presiding
197	197	officer of the commission] shall elect from its members a
198	198	[designate a member of the advisory board to serve as the] presiding
199	199	officer [of the advisory board] for a term of one year.
200	200	(b) The presiding officer of the [advisory] board may vote
201	201	on any matter before the [advisory] board.
202	202	SECTION 12. Section 401.108, Occupations Code, is amended
203	203	to read as follows:
204	204	Sec. 401.108. MEETINGS. (a) The [advisory] board shall
205	205	meet at least twice each year.
206	206	(b) Additional meetings may be held at the call of the
207	207	presiding officer or on written request of any three members of the
208	208	board [commission or the executive director].
209	209	SECTION 13. Subchapter C, Chapter 401, Occupations Code, is
210	210	amended by adding Sections 401.109, 401.110, 401.111, and 401.112
211	211	to read as follows:
212	212	Sec. 401.109. GROUNDS FOR REMOVAL. (a) It is a ground for
213	213	removal from the board that a member:
214	214	(1) does not have at the time of taking office the
215	215	qualifications required by Section 401.102;
216	216	(2) does not maintain during service on the board the
217	217	qualifications required by Section 401.102;
218	218	(3) is ineligible for membership under Section 401.103
219	219	or 401.104;
220	220	(4) cannot, because of illness or disability, complete
221	221	the member's duties for a substantial part of the member's term; or
222	222	(5) is absent from more than half of the regularly
223	223	scheduled board meetings that the member is eligible to attend
224	224	during a calendar year without an excuse approved by a majority vote
225	225	of the board.
226	226	(b) The validity of an action of the board is not affected by
227	227	the fact that the action is taken when a ground for removal of a
228	228	member exists.
229	229	(c) If the coordinator of speech-language pathology and
230	230	audiology programs has knowledge that a potential ground for
231	231	removal exists, the coordinator shall notify the presiding officer
232	232	of the board of the potential ground. The presiding officer shall
233	233	then notify the governor and the attorney general that a potential
234	234	ground for removal exists. If the potential ground for removal
235	235	involves the presiding officer, the coordinator shall notify the
236	236	next highest ranking officer of the board, who shall then notify the
237	237	governor and the attorney general that a potential ground for
238	238	removal exists.
239	239	Sec. 401.110. PER DIEM REIMBURSEMENT. A board member may
240	240	not receive compensation for the member's services. A member is
241	241	entitled to a per diem and travel allowance for each day the member
242	242	engages in board business at the rate set for state employees in the
243	243	General Appropriations Act.
244	244	Sec. 401.111. TRAINING PROGRAM FOR MEMBERS. (a) A person
245	245	who is appointed to and qualifies for office as a member of the
246	246	board may not vote, deliberate, or be counted as a member in
247	247	attendance at a meeting of the board until the person completes a
248	248	training program that complies with this section.
249	249	(b) The training program must provide the person with
250	250	information regarding:
251	251	(1) the law governing board operations and the
252	252	programs, functions, rules, and budget of the board;
253	253	(2) the scope of and limitations on the board's
254	254	rulemaking authority;
255	255	(3) the results of the most recent formal audit of the
256	256	board;
257	257	(4) the requirements of laws relating to open
258	258	meetings, public information, administrative procedure, and
259	259	disclosing conflicts of interest; and
260	260	(5) any applicable ethics policies adopted by the
261	261	board or the Texas Ethics Commission.
262	262	(c) A person appointed to the board is entitled to
263	263	reimbursement, as provided by the General Appropriations Act, for
264	264	the travel expenses incurred in attending the training program
265	265	regardless of whether the attendance at the program occurs before
266	266	or after the person qualifies for office.
267	267	Sec. 401.112. CIVIL LIABILITY. A member of the board is not
268	268	liable in a civil action for an act performed in good faith while
269	269	performing duties as a member.
270	270	SECTION 14. Section 401.201, Occupations Code, is amended
271	271	to read as follows:
272	272	Sec. 401.201. GENERAL POWERS AND DUTIES. (a) Except as
273	273	provided by Chapter 452, the board [The executive director] shall
274	274	administer and enforce this chapter.
275	275	(b) [(a-1)] The board [department] shall:
276	276	(1) evaluate the qualifications of license
277	277	applicants;
278	278	(2) provide for the examination of license applicants;
279	279	(3) in connection with a hearing under this chapter,
280	280	issue subpoenas, examine witnesses, and administer oaths under the
281	281	laws of this state; [and]
282	282	(4) investigate persons engaging in practices that
283	283	violate this chapter; and
284	284	(5) adopt rules consistent with this chapter to carry
285	285	out the board's duties in administering this chapter.
286	286	SECTION 15. Section 401.202, Occupations Code, is amended
287	287	to read as follows:
288	288	Sec. 401.202. STANDARDS OF ETHICAL PRACTICE. The board
289	289	[commission] shall adopt rules under this chapter that establish
290	290	standards of ethical practice.
291	291	SECTION 16. Section 401.2021, Occupations Code, is amended
292	292	to read as follows:
293	293	Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. With the
294	294	assistance of [the advisory board and] the Hearing Instrument
295	295	Fitters and Dispensers Advisory Board, the board and the Texas
296	296	Commission of Licensing and Regulation [commission] shall jointly
297	297	adopt rules to establish requirements for each sale of a hearing
298	298	instrument for purposes of this chapter and Chapter 402. The rules
299	299	must:
300	300	(1) address:
301	301	(A) the information and other provisions
302	302	required in each written contract for the purchase of a hearing
303	303	instrument;
304	304	(B) records that must be retained under this
305	305	chapter or Chapter 402; and
306	306	(C) guidelines for the 30-day trial period during
307	307	which a person may cancel the purchase of a hearing instrument; and
308	308	(2) require that the written contract and 30-day trial
309	309	period information provided to a purchaser of a hearing instrument
310	310	be in plain language designed to be easily understood by the average
311	311	consumer.
312	312	SECTION 17. Section 401.2022(b), Occupations Code, is
313	313	amended to read as follows:
314	314	(b) With the assistance of [the advisory board and] the
315	315	Hearing Instrument Fitters and Dispensers Advisory Board, the board
316	316	and the Texas Commission of Licensing and Regulation [commission]
317	317	shall jointly adopt rules to establish requirements for the fitting
318	318	and dispensing of hearing instruments by the use of telepractice
319	319	for purposes of this chapter and Chapter 402, including rules that
320	320	establish the qualifications and duties of license holders who use
321	321	telepractice.
322	322	SECTION 18. Section 401.203, Occupations Code, is amended
323	323	to read as follows:
324	324	Sec. 401.203. BOARD DUTIES REGARDING COMPLAINTS
325	325	[ASSISTANCE FILING COMPLAINT]. (a) The board by rule shall:
326	326	(1) adopt a form to standardize information concerning
327	327	complaints made to the board; and
328	328	(2) prescribe information to be provided to a person
329	329	when the person files a complaint with the board.
330	330	(b) [(c)] The board [department] shall provide reasonable
331	331	assistance to a person who wishes to file a complaint with the board
332	332	[department] regarding a person or activity regulated under this
333	333	chapter.
334	334	SECTION 19. Subchapter E, Chapter 401, Occupations Code, is
335	335	amended by adding Sections 401.204 and 401.205 to read as follows:
336	336	Sec. 401.204. FEES. (a) The board may recommend to the
337	337	executive council reasonable and necessary fees for licenses issued
338	338	or services performed under this chapter that in the aggregate
339	339	produce sufficient revenue to cover the cost of administering this
340	340	chapter.
341	341	(b) The board may not recommend to the executive council a
342	342	fee that existed on September 1, 1993, for an amount less than the
343	343	amount of that fee on that date.
344	344	Sec. 401.205. EMPLOYEES; DIVISION OF RESPONSIBILITIES. (a)
345	345	The board may request the executive council to assign
346	346	administrative and clerical employees as necessary to enable the
347	347	board to administer this chapter.
348	348	(b) The board shall develop and implement policies that
349	349	clearly separate the policy-making responsibilities of the board
350	350	and the management responsibilities of the coordinator of
351	351	speech-language pathology and audiology programs and the staff of
352	352	the executive council.
353	353	SECTION 20. The heading to Subchapter F, Chapter 401,
354	354	Occupations Code, is amended to read as follows:
355	355	SUBCHAPTER F. PUBLIC INTEREST [ACCESS AND] INFORMATION AND
356	356	COMPLAINT PROCEDURES
357	357	SECTION 21. Section 401.251, Occupations Code, is amended
358	358	to read as follows:
359	359	Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The board
360	360	[department] shall list with its regular telephone number any
361	361	toll-free telephone number established under other state law that
362	362	may be called to present a complaint about a health professional.
363	363	SECTION 22. Subchapter F, Chapter 401, Occupations Code, is
364	364	amended by adding Sections 401.2511, 401.2512, and 401.2513 to read
365	365	as follows:
366	366	Sec. 401.2511. PUBLIC INTEREST INFORMATION. (a) The board
367	367	shall prepare information of public interest describing the
368	368	functions of the board and the procedures by which complaints are
369	369	filed with and resolved by the board.
370	370	(b) The board shall make the information available to the
371	371	public and appropriate state agencies.
372	372	Sec. 401.2512. RECORD OF COMPLAINTS. (a) The board shall
373	373	keep an information file about each complaint filed with the
374	374	executive council and referred to the board. The file must be kept
375	375	current and contain a record for each complaint of:
376	376	(1) each person contacted in relation to the
377	377	complaint;
378	378	(2) a summary of findings made at each step of the
379	379	complaint process;
380	380	(3) an explanation of the legal basis and reason for a
381	381	complaint that is dismissed;
382	382	(4) the schedule required under Section 401.2513 and a
383	383	notation about a change in the schedule; and
384	384	(5) other relevant information.
385	385	(b) If a written complaint is filed with the board that the
386	386	board has authority to resolve, the board, at least quarterly and
387	387	until final disposition of the complaint, shall notify the parties
388	388	to the complaint of the status of the complaint unless notice would
389	389	jeopardize an undercover investigation.
390	390	Sec. 401.2513. GENERAL RULES INVOLVING COMPLAINT
391	391	INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules
392	392	concerning the investigation of a complaint received by the board.
393	393	The rules shall:
394	394	(1) distinguish between categories of complaints;
395	395	(2) ensure that a complaint is not dismissed without
396	396	appropriate consideration;
397	397	(3) require that the board be advised of a complaint
398	398	that is dismissed and that a letter be sent to the person who filed
399	399	the complaint explaining the action taken on the dismissed
400	400	complaint;
401	401	(4) ensure that the person who filed the complaint has
402	402	an opportunity to explain the allegations made in the complaint;
403	403	(5) prescribe guidelines concerning the categories of
404	404	complaints that require the use of a private investigator and the
405	405	procedures for the board to obtain the services of a private
406	406	investigator; and
407	407	(6) require the board to advise the executive council
408	408	of complaints that have been disposed of.
409	409	(b) The board shall:
410	410	(1) dispose of each complaint in a timely manner; and
411	411	(2) establish a schedule for conducting each phase of
412	412	the investigation of a complaint that is under the control of the
413	413	board not later than the 30th day after the date the board receives
414	414	the complaint.
415	415	(c) Each party shall be notified of the projected time
416	416	requirements for the complaint.
417	417	(d) Each party to the complaint must be notified of a change
418	418	in the schedule not later than the seventh day after the date the
419	419	change is made.
420	420	(e) The coordinator of speech-language pathology and
421	421	audiology programs shall notify the board of a complaint that is
422	422	unresolved after the time prescribed by the board for resolving the
423	423	complaint so that the board may take necessary action on the
424	424	complaint.
425	425	SECTION 23. Section 401.2535, Occupations Code, is amended
426	426	to read as follows:
427	427	Sec. 401.2535. CONFIDENTIALITY OF COMPLAINT AND
428	428	DISCIPLINARY INFORMATION. (a) [(h)] All information and materials
429	429	subpoenaed or compiled by the board [department] in connection with
430	430	a complaint and investigation are confidential and not subject to
431	431	disclosure under Chapter 552, Government Code, and not subject to
432	432	disclosure, discovery, subpoena, or other means of legal compulsion
433	433	for their release to anyone other than the board [department] or its
434	434	[employees or] agents involved in discipline of the holder of a
435	435	license, except that this information may be disclosed to:
436	436	(1) persons involved with the board [department] in a
437	437	disciplinary action against the holder of a license;
438	438	(2) professional speech-language pathologist and
439	439	audiologist licensing or disciplinary boards in other
440	440	jurisdictions;
441	441	(3) peer assistance programs approved by the board
442	442	[commission] under Chapter 467, Health and Safety Code;
443	443	(4) law enforcement agencies; and
444	444	(5) persons engaged in bona fide research, if all
445	445	individual-identifying information has been deleted.
446	446	(b) [(i)] The filing of formal charges by the board
447	447	[department] against a holder of a license, the nature of those
448	448	charges, disciplinary proceedings of the board [department,
449	449	commission, or executive director], and final disciplinary
450	450	actions, including warnings and reprimands, by the board
451	451	[department, commission, or executive director] are not
452	452	confidential and are subject to disclosure in accordance with
453	453	Chapter 552, Government Code.
454	454	SECTION 24. Subchapter F, Chapter 401, Occupations Code, is
455	455	amended by adding Section 401.254 to read as follows:
456	456	Sec. 401.254. PUBLIC PARTICIPATION. (a) The board shall
457	457	develop and implement policies that provide the public with a
458	458	reasonable opportunity to appear before the board and to speak on
459	459	any issue under the board's jurisdiction.
460	460	(b) The board shall prepare and maintain a written plan that
461	461	describes how a person who does not speak English may be provided
462	462	reasonable access to the board's programs.
463	463	SECTION 25. Section 401.302, Occupations Code, is amended
464	464	to read as follows:
465	465	Sec. 401.302. ISSUANCE OF LICENSE. (a) The board
466	466	[department] shall issue a license to an applicant who meets the
467	467	requirements of this chapter and who pays [to the department] the
468	468	initial nonrefundable license fee.
469	469	(b) The board [department] may issue to an applicant a
470	470	license in either speech-language pathology or audiology.
471	471	(c) The board [department] may issue a license in both
472	472	speech-language pathology and audiology to an applicant.
473	473	(d) The board [commission] by rule shall establish
474	474	qualifications for dual licensing in speech-language pathology and
475	475	audiology and may develop a full range of licensing options and
476	476	establish rules for qualifications.
477	477	SECTION 26. Section 401.303(a), Occupations Code, is
478	478	amended to read as follows:
479	479	(a) A person who desires a license under this chapter must
480	480	apply to the board [department] on a form and in the manner
481	481	prescribed by the board [executive director].
482	482	SECTION 27. Sections 401.304(a) and (c), Occupations Code,
483	483	are amended to read as follows:
484	484	(a) To be eligible for licensing as a speech-language
485	485	pathologist or audiologist, an applicant must:
486	486	(1) if the application is for a license in:
487	487	(A) speech-language pathology, possess at least
488	488	a master's degree with a major in at least one of the areas of
489	489	communicative sciences or disorders from a program accredited by a
490	490	national accrediting organization that is approved by the board
491	491	[commission or department] and recognized by the United States
492	492	secretary of education under the Higher Education Act of 1965 (20
493	493	U.S.C. Section 1001 et seq.) in an accredited or approved college or
494	494	university; or
495	495	(B) audiology, possess at least a doctoral degree
496	496	in audiology or a related hearing science from a program accredited
497	497	by a national accrediting organization that is approved by the
498	498	board [commission or department] and recognized by the United
499	499	States secretary of education under the Higher Education Act of
500	500	1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
501	501	college or university;
502	502	(2) submit a transcript from a public or private
503	503	institution of higher learning showing successful completion of
504	504	course work in amounts set by the board [commission] by rule in:
505	505	(A) normal development and use of speech,
506	506	language, and hearing;
507	507	(B) evaluation, habilitation, and rehabilitation
508	508	of speech, language, and hearing disorders; and
509	509	(C) related fields that augment the work of
510	510	clinical practitioners of speech-language pathology and audiology;
511	511	(3) have successfully completed at least 36 semester
512	512	hours in courses that are acceptable toward a graduate degree by the
513	513	college or university in which the courses are taken, at least 24 of
514	514	which must be in the professional area for which the license is
515	515	requested;
516	516	(4) have completed the minimum number of hours,
517	517	established by the board [commission] by rule, of supervised
518	518	clinical experience with persons who present a variety of
519	519	communication disorders; and
520	520	(5) have completed the full-time supervised
521	521	professional experience, as defined by board [commission] rule, in
522	522	which clinical work has been accomplished in the major professional
523	523	area for which the license is being sought.
524	524	(c) Supervised professional experience under Subsection
525	525	(a)(5) must:
526	526	(1) be under the supervision of a qualified person
527	527	acceptable to the board [department] under guidelines approved by
528	528	the board [commission]; and
529	529	(2) begin after completion of the academic and
530	530	clinical experience required by this section.
531	531	SECTION 28. Section 401.3041, Occupations Code, is amended
532	532	to read as follows:
533	533	Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION
534	534	REQUIREMENT FOR LICENSE ISSUANCE. (a) The board [department]
535	535	shall require that an applicant for a license submit a complete and
536	536	legible set of fingerprints, on a form prescribed by the board
537	537	[department], to the board [department] or to the Department of
538	538	Public Safety for the purpose of obtaining criminal history record
539	539	information from the Department of Public Safety and the Federal
540	540	Bureau of Investigation.
541	541	(b) The board [department] may not issue a license to a
542	542	person who does not comply with the requirement of Subsection (a).
543	543	(c) The board [department] shall conduct a criminal history
544	544	record information check of each applicant for a license using
545	545	information:
546	546	(1) provided by the individual under this section; and
547	547	(2) made available to the board [department] by the
548	548	Department of Public Safety, the Federal Bureau of Investigation,
549	549	and any other criminal justice agency under Chapter 411, Government
550	550	Code.
551	551	(d) The board [department] may:
552	552	(1) enter into an agreement with the Department of
553	553	Public Safety to administer a criminal history record information
554	554	check required under this section; and
555	555	(2) authorize the Department of Public Safety to
556	556	collect from each applicant the costs incurred by the Department of
557	557	Public Safety in conducting the criminal history record information
558	558	check.
559	559	SECTION 29. Section 401.305, Occupations Code, is amended
560	560	to read as follows:
561	561	Sec. 401.305. EXAMINATION. (a) To obtain a license, an
562	562	applicant must:
563	563	(1) pass an examination approved by the board
564	564	[commission] by rule; and
565	565	(2) pay the applicable fees [in a manner prescribed by
566	566	the commission by rule].
567	567	(b) The board [department] shall administer an examination
568	568	at least twice each year.
569	569	(b-1) The board [commission] by rule shall determine
570	570	standards for acceptable performance on the examination.
571	571	(c) The board [commission] by rule may:
572	572	(1) establish procedures for the administration of the
573	573	examination; and
574	574	(2) require a written or oral examination, or both.
575	575	(d) The board [commission] by rule may require the
576	576	examination of an applicant in any theoretical or applied field of
577	577	speech-language pathology or audiology it considers appropriate.
578	578	The board [commission] by rule may require the examination of an
579	579	applicant on professional skills and judgment in the use of
580	580	speech-language pathology or audiology techniques or methods.
581	581	SECTION 30. Subchapter G, Chapter 401, Occupations Code, is
582	582	amended by adding Section 401.306 to read as follows:
583	583	Sec. 401.306. EXAMINATION RESULTS. (a) The board shall
584	584	notify each examinee of the results of a licensing examination not
585	585	later than the 30th day after the date the examination is
586	586	administered. If an examination is graded or reviewed by a national
587	587	testing service that does not directly notify each examinee of the
588	588	results, the board shall notify each examinee of the results of the
589	589	examination not later than the 14th day after the day on which the
590	590	board receives the results from the testing service.
591	591	(b) If the notice of the examination results graded or
592	592	reviewed by a national testing service will be delayed for longer
593	593	than 90 days after the examination date, the board shall notify each
594	594	examinee of the reason for the delay before the 90th day.
595	595	(c) If requested in writing by a person who fails a
596	596	licensing examination, the board shall furnish the person with an
597	597	analysis of the person's performance on the examination.
598	598	SECTION 31. Section 401.307(b), Occupations Code, is
599	599	amended to read as follows:
600	600	(b) An applicant who fails two examinations may not be
601	601	reexamined until the person:
602	602	(1) submits a new application accompanied by a
603	603	nonrefundable application fee; and
604	604	(2) presents evidence acceptable to the board
605	605	[department] of additional study in the area for which a license is
606	606	sought.
607	607	SECTION 32. Section 401.308, Occupations Code, is amended
608	608	to read as follows:
609	609	Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL
610	610	COMPETENCE WAIVER. (a) The board [department] may grant a
611	611	provisional license to an applicant who:
612	612	(1) is licensed in good standing as a speech-language
613	613	pathologist or an audiologist in another state that has licensing
614	614	requirements that are substantially equivalent to the requirements
615	615	of this chapter;
616	616	(2) has passed a national or other examination
617	617	recognized by the board [department] relating to speech-language
618	618	pathology or audiology; and
619	619	(3) is sponsored by a license holder with whom the
620	620	provisional license holder may practice under this section.
621	621	(b) An applicant for a provisional license may be excused
622	622	from the requirement of Subsection (a)(3) if the board [department]
623	623	determines that compliance with that requirement is a hardship to
624	624	the applicant.
625	625	(c) A provisional license is valid until the date the board
626	626	[department] approves or denies the provisional license holder's
627	627	application for a license.
628	628	(d) The board [department] shall issue a license under this
629	629	chapter to a provisional license holder:
630	630	(1) who passes the examination required by Section
631	631	401.305;
632	632	(2) for whom the board [department] verifies
633	633	satisfaction of the academic and experience requirements for a
634	634	license under this chapter; and
635	635	(3) who satisfies any other license requirements under
636	636	this chapter.
637	637	(e) The board [department] shall complete the processing of
638	638	a provisional license holder's application for a license not later
639	639	than the 180th day after the date the provisional license is issued.
640	640	(f) The board [department] may waive the examination
641	641	requirement and issue a license to an applicant who holds the
642	642	Certificate of Clinical Competence of the American
643	643	Speech-Language-Hearing Association.
644	644	SECTION 33. Section 401.310(a), Occupations Code, is
645	645	amended to read as follows:
646	646	(a) The board [department] shall issue a temporary
647	647	certificate of registration to an applicant who:
648	648	(1) satisfies the requirements of Section 401.304;
649	649	(2) has not previously applied to take the
650	650	examination; and
651	651	(3) pays the nonrefundable application fee.
652	652	SECTION 34. Section 401.311(c), Occupations Code, is
653	653	amended to read as follows:
654	654	(c) The board [commission] by rule shall:
655	655	(1) prescribe the terms governing a person's practice
656	656	as an intern under this section; and
657	657	(2) establish general guidelines and renewal
658	658	procedures for the holder of an intern license.
659	659	SECTION 35. Sections 401.312(a) and (b), Occupations Code,
660	660	are amended to read as follows:
661	661	(a) The board [commission] by rule may establish minimum
662	662	qualifications for licensed assistants in speech-language
663	663	pathology and in audiology.
664	664	(b) A licensed assistant in speech-language pathology or in
665	665	audiology must meet the minimum qualifications established by the
666	666	board [commission].
667	667	SECTION 36. Subchapter G, Chapter 401, Occupations Code, is
668	668	amended by adding Section 401.313 to read as follows:
669	669	Sec. 401.313. INACTIVE STATUS. The board by rule may
670	670	provide for a person licensed under this chapter to be placed on
671	671	inactive status.
672	672	SECTION 37. Section 401.352, Occupations Code, is amended
673	673	to read as follows:
674	674	Sec. 401.352. LICENSE RENEWAL. (a) Each licensed
675	675	speech-language pathologist or audiologist must pay to the
676	676	executive council the nonrefundable fee for license renewal.
677	677	(b) A person whose license has been expired for 90 days or
678	678	less may renew the license by paying to the executive council the
679	679	renewal fee and a late fee set by the executive council that may not
680	680	exceed one-half of the examination fee for the license. If a
681	681	person's license has been expired for more than 90 days but less
682	682	than one year, the person may renew the license by paying to the
683	683	executive council all unpaid renewal fees and a late fee set by the
684	684	executive council that may not exceed the amount charged for
685	685	examination for the license.
686	686	(c) A person whose license has been expired for one year or
687	687	longer must comply with the board's requirements and procedures to
688	688	reinstate the license and pay a reinstatement fee set by the
689	689	executive council. If the person is unable to comply with the
690	690	board's requirements to reinstate the license, the person may
691	691	obtain a new license by submitting to reexamination and complying
692	692	with the requirements and procedures for obtaining an original
693	693	license.
694	694	(d) At least 30 days before the expiration of a person's
695	695	license, the executive council shall send written notice of the
696	696	impending license expiration to the license holder at the person's
697	697	last known address.
698	698	SECTION 38. Subchapter H, Chapter 401, Occupations Code, is
699	699	amended by adding Section 401.353 to read as follows:
700	700	Sec. 401.353. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
701	701	PRACTITIONER. (a) The board may renew without reexamination the
702	702	expired license of a person who was licensed to practice as a
703	703	physical speech-language pathologist or audiologist in this state,
704	704	moved to another state, is currently licensed and in good standing
705	705	in the other state, and meets the board's requirements for renewal.
706	706	(b) The person must pay to the executive council a renewal
707	707	fee set by the executive council in an amount that does not exceed
708	708	the examination fee for the license.
709	709	SECTION 39. Section 401.355, Occupations Code, is amended
710	710	to read as follows:
711	711	Sec. 401.355. CONTINUING EDUCATION. (a) The board
712	712	[commission] by rule shall establish uniform mandatory continuing
713	713	education requirements. A license holder may not renew the
714	714	person's license unless the person meets the continuing education
715	715	requirements.
716	716	(b) The board [commission] shall establish the requirements
717	717	in a manner that allows a license holder to comply without an
718	718	extended absence from the license holder's county of residence.
719	719	SECTION 40. Section 401.401(c), Occupations Code, is
720	720	amended to read as follows:
721	721	(c) The board [commission] shall adopt rules necessary to
722	722	enforce this section.
723	723	SECTION 41. Section 401.403(b), Occupations Code, is
724	724	amended to read as follows:
725	725	(b) A person who meets the requirements of this chapter for
726	726	licensing as an audiologist or audiologist intern and who fits and
727	727	dispenses hearing instruments must:
728	728	(1) register with the board [department] the person's
729	729	intention to fit and dispense hearing instruments;
730	730	(2) comply with the profession's code of ethics;
731	731	(3) comply with the federal Food and Drug
732	732	Administration guidelines for fitting and dispensing hearing
733	733	instruments;
734	734	(4) when providing services in this state, use a
735	735	written contract that contains the board's [department's] name,
736	736	mailing address, and telephone number; and
737	737	(5) follow the guidelines adopted by board
738	738	[commission] rule for a 30-day trial period on every hearing
739	739	instrument purchased.
740	740	SECTION 42. The heading to Subchapter J, Chapter 401,
741	741	Occupations Code, is amended to read as follows:
742	742	SUBCHAPTER J. [LICENSE DENIAL AND] DISCIPLINARY ACTION AND
743	743	PROCEDURE [PROCEDURES]
744	744	SECTION 43. Section 401.451, Occupations Code, is amended
745	745	to read as follows:
746	746	Sec. 401.451. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINE
747	747	OF LICENSE HOLDER [DENIAL AND DISCIPLINARY ACTION]. [(a)] After a
748	748	hearing, the board [commission or executive director] may deny a
749	749	license to an applicant or may suspend or revoke a person's license
750	750	or place on probation a license holder if the applicant or license
751	751	holder:
752	752	(1) violates this chapter or an order issued or rule
753	753	adopted under this chapter;
754	754	(2) obtains a license by means of fraud,
755	755	misrepresentation, or concealment of a material fact;
756	756	(3) sells, barters, or offers to sell or barter a
757	757	license or certificate of registration; or
758	758	(4) engages in unprofessional conduct that:
759	759	(A) endangers or is likely to endanger the
760	760	health, welfare, or safety of the public as defined by board
761	761	[commission] rule; or
762	762	(B) violates the code of ethics adopted and
763	763	published by the board [commission].
764	764	SECTION 44. Subchapter J, Chapter 401, Occupations Code, is
765	765	amended by adding Section 401.452 to read as follows:
766	766	Sec. 401.452. PROCEDURE FOR LICENSE DENIAL OR DISCIPLINARY
767	767	ACTION; SCHEDULE OF SANCTIONS. (a) A person whose application for
768	768	a license is denied is entitled to a hearing before the State Office
769	769	of Administrative Hearings if the applicant submits a written
770	770	request for a hearing to the board.
771	771	(b) A proceeding to take disciplinary action under this
772	772	subchapter or an appeal from the proceeding is a contested case for
773	773	the purposes of Chapter 2001, Government Code.
774	774	(c) The State Office of Administrative Hearings shall use
775	775	the schedule of sanctions adopted by the board by rule for a
776	776	sanction imposed as the result of a hearing conducted by the office.
777	777	SECTION 45. Section 401.453(a), Occupations Code, is
778	778	amended to read as follows:
779	779	(a) The board [commission or department] may deny a license
780	780	or may suspend or revoke a license if the applicant or license
781	781	holder has been convicted of a misdemeanor involving moral
782	782	turpitude or a felony. The board [commission or department] may
783	783	take action authorized by this section when:
784	784	(1) the time for appeal of the person's conviction has
785	785	elapsed;
786	786	(2) the judgment or conviction has been affirmed on
787	787	appeal; or
788	788	(3) an order granting probation is made suspending the
789	789	imposition of the person's sentence, without regard to whether a
790	790	subsequent order:
791	791	(A) allows a withdrawal of a plea of guilty;
792	792	(B) sets aside a verdict of guilty; or
793	793	(C) dismisses an information or indictment.
794	794	SECTION 46. Subchapter J, Chapter 401, Occupations Code, is
795	795	amended by adding Sections 401.454, 401.455, 401.456, 401.457, and
796	796	401.458 to read as follows:
797	797	Sec. 401.454. PROBATION. If a license suspension is
798	798	probated, the board may require the license holder to:
799	799	(1) report regularly to the board on matters that are
800	800	the basis of the probation;
801	801	(2) limit the license holder's practice to the areas
802	802	prescribed by the board; or
803	803	(3) continue or review continuing professional
804	804	education until the license holder attains a degree of skill
805	805	satisfactory to the board in those areas that are the basis of the
806	806	probation.
807	807	Sec. 401.455. INFORMAL PROCEEDINGS. (a) The board by rule
808	808	shall adopt procedures governing:
809	809	(1) informal disposition of a contested case under
810	810	Section 2001.056, Government Code; and
811	811	(2) an informal proceeding held in compliance with
812	812	Section 2001.054, Government Code.
813	813	(b) Rules adopted under this section must:
814	814	(1) provide the complainant and the license holder
815	815	with an opportunity to be heard; and
816	816	(2) require the presence of the board's legal counsel
817	817	or a representative of the attorney general to advise the board.
818	818	Sec. 401.456. EMERGENCY SUSPENSION. (a) The board may
819	819	temporarily suspend a license issued under this chapter on an
820	820	emergency basis if the board determines that the continued practice
821	821	by the license holder constitutes a continuing or imminent threat
822	822	to the public health or welfare.
823	823	(b) A temporary suspension under this section requires a
824	824	two-thirds vote by the board.
825	825	(c) The board may suspend a license under this section
826	826	without notice or hearing if, at the time the suspension is ordered,
827	827	a hearing on whether to institute a disciplinary proceeding against
828	828	the license holder is scheduled to be held not later than the 14th
829	829	day after the date of the temporary suspension. A second hearing on
830	830	the suspended license must be held not later than the 60th day after
831	831	the date the temporary suspension was ordered. If the second
832	832	hearing is not held within the required time, the suspended license
833	833	is automatically reinstated.
834	834	(d) The board shall adopt rules that establish procedures
835	835	and standards for the temporary suspension of a license under this
836	836	section.
837	837	Sec. 401.457. SUBPOENAS. (a) The board may request or
838	838	compel by subpoena:
839	839	(1) the attendance of a witness for examination under
840	840	oath; and
841	841	(2) the production for inspection or copying of
842	842	evidence relevant to an investigation of an alleged violation of
843	843	this chapter.
844	844	(b) If a person fails to comply with the subpoena, the
845	845	board, acting through the attorney general, may file suit to
846	846	enforce the subpoena in a district court in Travis County or in the
847	847	county in which a hearing conducted by the board may be held.
848	848	(c) If the court determines that good cause exists for
849	849	issuing the subpoena, the court shall order the person to comply
850	850	with the subpoena. The court may punish for contempt a person who
851	851	fails to obey the court order.
852	852	Sec. 401.458. REISSUANCE OF LICENSE; ISSUANCE OF LICENSE
853	853	AFTER DENIAL. (a) On application by the person, the board may
854	854	reissue a license to a person whose license has been revoked.
855	855	(b) An application to reinstate a revoked license:
856	856	(1) may not be made before the 180th day after the date
857	857	the revocation order became final; and
858	858	(2) must be made in the manner and form the board
859	859	requires.
860	860	(c) On application by the person, the board may issue a
861	861	license to a person whose license application has been denied. The
862	862	application may not be made before the first anniversary of the date
863	863	of the denial.
864	864	SECTION 47. Section 401.5021, Occupations Code, is amended
865	865	to read as follows:
866	866	Sec. 401.5021. REFUND. The board [commission or executive
867	867	director] may order an audiologist to pay a refund to a consumer who
868	868	returns a hearing instrument during the 30-day trial period
869	869	required by rules adopted under Section 401.2021.
870	870	SECTION 48. Subchapter K, Chapter 401, Occupations Code, is
871	871	amended by adding Sections 401.504, 401.505, and 401.506 to read as
872	872	follows:
873	873	Sec. 401.504. INJUNCTIVE RELIEF. The board or the attorney
874	874	general may institute a proceeding to enforce this chapter,
875	875	including a suit to enjoin a person from practicing speech-language
876	876	pathology or audiology without complying with this chapter.
877	877	Sec. 401.505. MONITORING OF LICENSE HOLDER. The board by
878	878	rule shall develop a system for monitoring a license holder's
879	879	compliance with this chapter. The rules must include procedures
880	880	for:
881	881	(1) monitoring for compliance a license holder who is
882	882	ordered by the board to perform a certain act; and
883	883	(2) identifying and monitoring each license holder who
884	884	represents a risk to the public.
885	885	Sec. 401.506. CIVIL PENALTY. (a) A person found by a court
886	886	to have violated this chapter is liable to this state for a civil
887	887	penalty of $200 for each day the violation continues.
888	888	(b) A civil penalty may be recovered in a suit brought by the
889	889	attorney general, a district attorney, or a county attorney.
890	890	SECTION 49. Subchapter L, Chapter 401, Occupations Code, is
891	891	amended by adding Sections 401.551 and 401.553 to read as follows:
892	892	Sec. 401.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The
893	893	board may impose an administrative penalty against a person
894	894	licensed under this chapter who violates this chapter or a rule or
895	895	order adopted under this chapter.
896	896	Sec. 401.553. ADMINISTRATIVE PROCEDURE. (a) The board
897	897	shall adopt rules that establish procedures for assessing an
898	898	administrative penalty and that provide for notice and a hearing
899	899	for a license holder that may be subject to a penalty under this
900	900	subchapter.
901	901	(b) A proceeding under this subchapter is subject to Chapter
902	902	2001, Government Code.
903	903	SECTION 50. Section 402.1021, Occupations Code, is amended
904	904	to read as follows:
905	905	Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. With the
906	906	assistance of the advisory board, [and] the Texas Board of
907	907	Speech-Language Pathology [Pathologists] and Audiology Examiners
908	908	and [Audiologists Advisory Board,] the commission shall jointly
909	909	adopt rules to establish requirements for each sale of a hearing
910	910	instrument for purposes of this chapter and Chapter 401. The rules
911	911	must:
912	912	(1) address:
913	913	(A) the information and other provisions
914	914	required in each written contract for the purchase of a hearing
915	915	instrument;
916	916	(B) records that must be retained under this
917	917	chapter or Chapter 401; and
918	918	(C) guidelines for the 30-day trial period during
919	919	which a person may cancel the purchase of a hearing instrument; and
920	920	(2) require that the written contract and 30-day trial
921	921	period information provided to a purchaser of a hearing instrument
922	922	be in plain language designed to be easily understood by the average
923	923	consumer.
924	924	SECTION 51. Section 402.1023(b), Occupations Code, is
925	925	amended to read as follows:
926	926	(b) With the assistance of the advisory board, [and] the
927	927	Texas Board of Speech-Language Pathology [Pathologists] and
928	928	Audiology Examiners and [Audiologists Advisory Board,] the
929	929	commission shall jointly adopt rules to establish requirements for
930	930	the fitting and dispensing of hearing instruments by the use of
931	931	telepractice for purposes of this chapter and Chapter 401,
932	932	including rules that establish the qualifications and duties of
933	933	license holders who use telepractice.
934	934	SECTION 52. The heading to Chapter 452, Occupations Code,
935	935	is amended to read as follows:
936	936	CHAPTER 452. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL THERAPISTS,
937	937	[THERAPY AND] OCCUPATIONAL THERAPISTS, AND SPEECH-LANGUAGE
938	938	PATHOLOGISTS AND AUDIOLOGISTS [THERAPY EXAMINERS]
939	939	SECTION 53. Section 452.001, Occupations Code, is amended
940	940	by amending Subdivision (1) and adding Subdivision (4) to read as
941	941	follows:
942	942	(1) "Executive council" means the Executive Council of
943	943	Examiners of Physical Therapists, [Therapy and] Occupational
944	944	Therapists, and Speech-Language Pathologists and Audiologists
945	945	[Therapy Examiners].
946	946	(4) "Speech-language pathology and audiology board"
947	947	means the Texas Board of Speech-Language Pathology and Audiology
948	948	Examiners.
949	949	SECTION 54. The heading to Subchapter B, Chapter 452,
950	950	Occupations Code, is amended to read as follows:
951	951	SUBCHAPTER B. EXECUTIVE COUNCIL OF EXAMINERS OF PHYSICAL
952	952	THERAPISTS, [THERAPY AND] OCCUPATIONAL THERAPISTS, AND
953	953	SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS [THERAPY EXAMINERS]
954	954	SECTION 55. Sections 452.051(a) and (b), Occupations Code,
955	955	are amended to read as follows:
956	956	(a) The executive council [Executive Council of Physical
957	957	Therapy and Occupational Therapy Examiners] consists of:
958	958	(1) an occupational therapist member of the
959	959	occupational therapy board appointed by that board;
960	960	(2) a public member of the occupational therapy board
961	961	appointed by that board;
962	962	(3) a physical therapist member of the physical
963	963	therapy board appointed by that board;
964	964	(4) a public member of the physical therapy board
965	965	appointed by that board; [and]
966	966	(5) a speech-language pathologist or audiologist
967	967	member of the speech-language pathology and audiology board
968	968	appointed by that board;
969	969	(6) a public member of the speech-language pathology
970	970	and audiology board appointed by that board; and
971	971	(7) a public member appointed by the governor.
972	972	(b) The occupational therapy board, [and] the physical
973	973	therapy board, and the speech-language pathology and audiology
974	974	board may designate an alternate to attend an executive council
975	975	meeting if a member appointed by that board cannot attend. The
976	976	alternate has the same powers and duties and is subject to the same
977	977	qualifications as the appointed member.
978	978	SECTION 56. Section 452.052, Occupations Code, is amended
979	979	to read as follows:
980	980	Sec. 452.052. ELIGIBILITY OF PUBLIC MEMBER APPOINTED BY
981	981	GOVERNOR. A person is not eligible for appointment by the governor
982	982	as a public member of the executive council if the person or the
983	983	person's spouse:
984	984	(1) is registered, certified, or licensed by an
985	985	occupational regulatory agency in the field of health care;
986	986	(2) is employed by or participates in the management
987	987	of a business entity or other organization regulated by or
988	988	receiving funds from the executive council, the occupational
989	989	therapy board, [or] the physical therapy board, or the
990	990	speech-language pathology and audiology board;
991	991	(3) owns or controls, directly or indirectly, more
992	992	than a 10 percent interest in a business entity or other
993	993	organization regulated by or receiving funds from the executive
994	994	council, the occupational therapy board, [or] the physical therapy
995	995	board, or the speech-language pathology and audiology board; or
996	996	(4) uses or receives a substantial amount of tangible
997	997	goods, services, or funds from the executive council, the
998	998	occupational therapy board, [or] the physical therapy board, or the
999	999	speech-language pathology and audiology board, other than
1000	1000	compensation or reimbursement authorized by law for executive
1001	1001	council, occupational therapy board, [or] physical therapy board,
1002	1002	or speech-language pathology and audiology board membership,
1003	1003	attendance, or expenses.
1004	1004	SECTION 57. Section 452.053(d), Occupations Code, is
1005	1005	amended to read as follows:
1006	1006	(d) A person may not serve as a member of the executive
1007	1007	council or act as the general counsel to the executive council if
1008	1008	the person is required to register as a lobbyist under Chapter 305,
1009	1009	Government Code, because of the person's activities for
1010	1010	compensation on behalf of a profession related to the operation of
1011	1011	the executive council, the occupational therapy board, [or] the
1012	1012	physical therapy board, or the speech-language pathology and
1013	1013	audiology board.
1014	1014	SECTION 58. Sections 452.058(b) and (c), Occupations Code,
1015	1015	are amended to read as follows:
1016	1016	(b) The executive council may hold additional meetings on
1017	1017	the request of the presiding officer or on the written request of
1018	1018	four [three] members of the executive council.
1019	1019	(c) A quorum of the executive council exists if the
1020	1020	occupational therapist member, the physical [both] therapist
1021	1021	member, the speech-language pathologist or audiologist member,
1022	1022	[members] and one public member are present.
1023	1023	SECTION 59. Section 452.101, Occupations Code, is amended
1024	1024	to read as follows:
1025	1025	Sec. 452.101. DIRECTOR; PERSONNEL. (a) The executive
1026	1026	council shall employ a director and administrative and clerical
1027	1027	employees as necessary to carry out the functions of the executive
1028	1028	council, the occupational therapy board, [and] the physical therapy
1029	1029	board, and the speech-language pathology and audiology board.
1030	1030	(b) The director shall employ a coordinator of occupational
1031	1031	therapy programs, [and] a coordinator of physical therapy programs,
1032	1032	and a coordinator of speech-language pathology and audiology
1033	1033	programs to carry out the functions of the respective boards. The
1034	1034	coordinators may request the executive council to assign additional
1035	1035	employees to carry out the duties of the coordinators.
1036	1036	SECTION 60. Section 452.151, Occupations Code, is amended
1037	1037	to read as follows:
1038	1038	Sec. 452.151. GENERAL POWERS AND DUTIES. (a) Except as
1039	1039	otherwise provided by this chapter, the executive council shall
1040	1040	administer and enforce Chapters 401, 453, and 454.
1041	1041	(b) The executive council shall:
1042	1042	(1) develop and prepare a budget for the executive
1043	1043	council, the occupational therapy board, [and] the physical therapy
1044	1044	board, and the speech-language pathology and audiology board; and
1045	1045	(2) manage all physical property used by the executive
1046	1046	council, the occupational therapy board, [or] the physical therapy
1047	1047	board, or the speech-language pathology and audiology board.
1048	1048	SECTION 61. Section 452.152(a), Occupations Code, is
1049	1049	amended to read as follows:
1050	1050	(a) In administering Chapters 401, 453, and 454, the
1051	1051	executive council shall:
1052	1052	(1) perform data processing functions; and
1053	1053	(2) administer records relating to payroll, personnel
1054	1054	files, and employee leave, benefits, and applications.
1055	1055	SECTION 62. Section 452.158, Occupations Code, is amended
1056	1056	to read as follows:
1057	1057	Sec. 452.158. DISBURSEMENT OF FUNDS. The executive council
1058	1058	may authorize from its appropriated funds all necessary
1059	1059	disbursements to carry out:
1060	1060	(1) this chapter;
1061	1061	(2) Chapter 401;
1062	1062	(3) Chapter 453; and
1063	1063	(4) [(3)] Chapter 454.
1064	1064	SECTION 63. Section 452.201(a), Occupations Code, is
1065	1065	amended to read as follows:
1066	1066	(a) The executive council shall prepare information of
1067	1067	public interest describing the functions of the executive council
1068	1068	and the procedures by which complaints are filed with and resolved
1069	1069	by the executive council, the occupational therapy board, [or] the
1070	1070	physical therapy board, or the speech-language pathology and
1071	1071	audiology board.
1072	1072	SECTION 64. Section 452.202(a), Occupations Code, is
1073	1073	amended to read as follows:
1074	1074	(a) The executive council by rule shall establish methods by
1075	1075	which consumers and service recipients are notified of the name,
1076	1076	mailing address, and telephone number of the executive council for
1077	1077	the purpose of directing complaints to the executive council. The
1078	1078	executive council may provide for that notice:
1079	1079	(1) on each registration form, application, or written
1080	1080	contract for services of a person regulated by the executive
1081	1081	council, the occupational therapy board, [or] the physical therapy
1082	1082	board, or the speech-language pathology and audiology board;
1083	1083	(2) on a sign prominently displayed in the place of
1084	1084	business of each person regulated by the executive council, the
1085	1085	occupational therapy board, [or] the physical therapy board, or the
1086	1086	speech-language pathology and audiology board; or
1087	1087	(3) in a bill for service provided by a person
1088	1088	regulated by the executive council, the occupational therapy board,
1089	1089	[or] the physical therapy board, or the speech-language pathology
1090	1090	and audiology board.
1091	1091	SECTION 65. Section 453.001(3), Occupations Code, is
1092	1092	amended to read as follows:
1093	1093	(3) "Executive council" means the Executive Council of
1094	1094	Examiners of Physical Therapists, [Therapy and] Occupational
1095	1095	Therapists, and Speech-Language Pathologists and Audiologists
1096	1096	[Therapy Examiners].
1097	1097	SECTION 66. Section 454.002(3), Occupations Code, is
1098	1098	amended to read as follows:
1099	1099	(3) "Executive council" means the Executive Council of
1100	1100	Examiners of Physical Therapists, [Therapy and] Occupational
1101	1101	Therapists, and Speech-Language Pathologists and Audiologists
1102	1102	[Therapy Examiners].
1103	1103	SECTION 67. Section 91A.001, Civil Practice and Remedies
1104	1104	Code, is amended to read as follows:
1105	1105	Sec. 91A.001. DEFINITIONS. In this chapter:
1106	1106	(1) "Audiologist" means an individual licensed to
1107	1107	practice audiology by the Texas [State] Board of [Examiners of]
1108	1108	Speech-Language Pathology and Audiology Examiners.
1109	1109	(2) "Speech-language pathologist" means an individual
1110	1110	licensed to practice speech-language pathology by the Texas [State]
1111	1111	Board of [Examiners for] Speech-Language Pathology and Audiology
1112	1112	Examiners.
1113	1113	SECTION 68. Section 411.122(d), Government Code, is amended
1114	1114	to read as follows:
1115	1115	(d) The following state agencies are subject to this
1116	1116	section:
1117	1117	(1) Texas Appraiser Licensing and Certification
1118	1118	Board;
1119	1119	(2) Texas Board of Architectural Examiners;
1120	1120	(3) Texas Board of Chiropractic Examiners;
1121	1121	(4) State Board of Dental Examiners;
1122	1122	(5) Texas Board of Professional Engineers;
1123	1123	(6) Texas Funeral Service Commission;
1124	1124	(7) Texas Board of Professional Geoscientists;
1125	1125	(8) Department of State Health Services, except as
1126	1126	provided by Section 411.110, and agencies attached to the
1127	1127	department, including:
1128	1128	(A) [Texas State Board of Examiners of
1129	1129	Dietitians;
1130	1130	[(B)] Texas State Board of Examiners of Marriage
1131	1131	and Family Therapists;
1132	1132	(B) [(C) Midwifery Board;
1133	1133	[(D) Texas State Perfusionist Advisory
1134	1134	Committee;
1135	1135	[(E)] Texas State Board of Examiners of
1136	1136	Professional Counselors; and
1137	1137	(C) [(F)] Texas State Board of Social Worker
1138	1138	Examiners;
1139	1139	[(G) State Board of Examiners for
1140	1140	Speech-Language Pathology and Audiology;
1141	1141	[(H) Advisory Board of Athletic Trainers;
1142	1142	[(I) State Committee of Examiners in the Fitting
1143	1143	and Dispensing of Hearing Instruments;
1144	1144	[(J) Texas Board of Licensure for Professional
1145	1145	Medical Physicists; and
1146	1146	[(K) Texas Board of Orthotics and Prosthetics;]
1147	1147	(9) Texas Board of Professional Land Surveying;
1148	1148	(10) Texas Department of Licensing and Regulation,
1149	1149	except as provided by Section 411.093;
1150	1150	(11) Texas Commission on Environmental Quality;
1151	1151	(12) Texas Board of Occupational Therapy Examiners;
1152	1152	(13) Texas Optometry Board;
1153	1153	(14) Texas State Board of Pharmacy;
1154	1154	(15) Texas Board of Physical Therapy Examiners;
1155	1155	(16) Texas State Board of Plumbing Examiners;
1156	1156	(17) Texas State Board of Podiatric Medical Examiners;
1157	1157	(18) Texas State Board of Examiners of Psychologists;
1158	1158	(19) Texas Real Estate Commission;
1159	1159	(20) Texas Department of Transportation;
1160	1160	(21) State Board of Veterinary Medical Examiners;
1161	1161	(22) Texas Department of Housing and Community
1162	1162	Affairs;
1163	1163	(23) secretary of state;
1164	1164	(24) state fire marshal;
1165	1165	(25) Texas Education Agency;
1166	1166	(26) Department of Agriculture; [and]
1167	1167	(27) Texas Department of Motor Vehicles; and
1168	1168	(28) Texas Board of Speech-Language Pathology and
1169	1169	Audiology Examiners.
1170	1170	SECTION 69. Section 2054.352(a), Government Code, is
1171	1171	amended to read as follows:
1172	1172	(a) The following licensing entities shall participate in
1173	1173	the system established under Section 2054.353:
1174	1174	(1) Texas Board of Chiropractic Examiners;
1175	1175	(2) Judicial Branch Certification Commission;
1176	1176	(3) State Board of Dental Examiners;
1177	1177	(4) Texas Funeral Service Commission;
1178	1178	(5) Texas Board of Professional Land Surveying;
1179	1179	(6) Texas Medical Board;
1180	1180	(7) Texas Board of Nursing;
1181	1181	(8) Texas Optometry Board;
1182	1182	(9) Department of Agriculture, for licenses issued
1183	1183	under Chapter 1951, Occupations Code;
1184	1184	(10) Texas State Board of Pharmacy;
1185	1185	(11) Executive Council of Examiners of Physical
1186	1186	Therapists, [Therapy and] Occupational Therapists, and
1187	1187	Speech-Language Pathologists and Audiologists [Therapy Examiners];
1188	1188	(12) Texas State Board of Plumbing Examiners;
1189	1189	(13) Texas State Board of Podiatric Medical Examiners;
1190	1190	(14) Texas State Board of Examiners of Psychologists;
1191	1191	(15) State Board of Veterinary Medical Examiners;
1192	1192	(16) Texas Real Estate Commission;
1193	1193	(17) Texas Appraiser Licensing and Certification
1194	1194	Board;
1195	1195	(18) Texas Department of Licensing and Regulation;
1196	1196	(19) Texas State Board of Public Accountancy;
1197	1197	(20) State Board for Educator Certification;
1198	1198	(21) Texas Board of Professional Engineers;
1199	1199	(22) Department of State Health Services;
1200	1200	(23) Texas Board of Architectural Examiners;
1201	1201	(24) Texas Racing Commission;
1202	1202	(25) Texas Commission on Law Enforcement; and
1203	1203	(26) Texas Private Security Board.
1204	1204	SECTION 70. Sections 1451.001(3) and (20), Insurance Code,
1205	1205	are amended to read as follows:
1206	1206	(3) "Audiologist" means an individual licensed to
1207	1207	practice audiology by the Texas [State] Board of [Examiners for]
1208	1208	Speech-Language Pathology and Audiology Examiners.
1209	1209	(20) "Speech-language pathologist" means an
1210	1210	individual licensed to practice speech-language pathology by the
1211	1211	Texas [State] Board of [Examiners for] Speech-Language Pathology
1212	1212	and Audiology Examiners.
1213	1213	SECTION 71. Sections 401.10205 and 401.253, Occupations
1214	1214	Code, are repealed.
1215	1215	SECTION 72. On the effective date of this Act, a member of
1216	1216	the Speech-Language Pathologists and Audiologists Advisory Board
1217	1217	becomes a member of the Texas Board of Speech-Language Pathology
1218	1218	and Audiology Examiners.
1219	1219	SECTION 73. Sections 401.103 and 401.104, Occupations Code,
1220	1220	as added by this Act, do not affect the entitlement of a member
1221	1221	serving on the Speech-Language Pathologists and Audiologists
1222	1222	Advisory Board immediately before the effective date of this Act to
1223	1223	serve as a member of the Texas Board of Speech-Language Pathology
1224	1224	and Audiology Examiners for the remainder of the member's term. As
1225	1225	the terms of board members expire or as vacancies occur on the
1226	1226	board, the governor shall appoint members to the board as necessary
1227	1227	to comply with Sections 401.103 and 401.104, Occupations Code, as
1228	1228	added by this Act.
1229	1229	SECTION 74. (a) A rule or fee of the Texas Department of
1230	1230	Licensing and Regulation under Chapter 401, Occupations Code, in
1231	1231	effect on the effective date of this Act is continued in effect as a
1232	1232	rule or fee of the Texas Board of Speech-Language Pathology and
1233	1233	Audiology Examiners until superseded by a rule of the board or a fee
1234	1234	of the Executive Council of Examiners of Physical Therapists,
1235	1235	Occupational Therapists, and Speech-Language Pathologists and
1236	1236	Audiologists.
1237	1237	(b) A license or certificate of registration issued by the
1238	1238	Texas Department of Licensing and Regulation under Chapter 401,
1239	1239	Occupations Code, in effect on the effective date of this Act is
1240	1240	continued in effect as provided by the law in effect immediately
1241	1241	before the effective date of this Act.
1242	1242	(c) A complaint, investigation, contested case, or other
1243	1243	proceeding pending under Chapter 401, Occupations Code, on the
1244	1244	effective date of this Act is continued without change in status
1245	1245	after the effective date of this Act. An action taken by the Texas
1246	1246	Department of Licensing and Regulation is considered to be an
1247	1247	action of the Texas Board of Speech-Language Pathology and
1248	1248	Audiology Examiners.
1249	1249	SECTION 75. Not later than December 1, 2017, the Texas Board
1250	1250	of Speech-Language Pathology and Audiology Examiners shall appoint
1251	1251	members to the Executive Council of Examiners of Physical
1252	1252	Therapists, Occupational Therapists, and Speech-Language
1253	1253	Pathologists and Audiologists as required by Section 452.051,
1254	1254	Occupations Code, as amended by this Act, for terms expiring
1255	1255	February 1, 2019.
1256	1256	SECTION 76. As soon as practicable after the effective date
1257	1257	of this Act, the Texas Department of Licensing and Regulation and
1258	1258	the Executive Council of Examiners of Physical Therapists,
1259	1259	Occupational Therapists, and Speech-Language Pathologists and
1260	1260	Audiologists shall adopt a transition plan to provide for the
1261	1261	transfer not later than January 1, 2018, of the following from the
1262	1262	department to the executive council to the extent necessary for the
1263	1263	exercise of the executive council's powers and duties related to
1264	1264	Chapters 401 and 452, Occupations Code, as amended by this Act:
1265	1265	(1) personnel;
1266	1266	(2) equipment, files, and records; and
1267	1267	(3) money appropriated for the fiscal biennium ending
1268	1268	August 31, 2019.
1269	1269	SECTION 77. Not later than March 1, 2018, the Texas Board of
1270	1270	Speech-Language Pathology and Audiology Examiners shall adopt
1271	1271	rules necessary to implement the changes in law made by this Act to
1272	1272	Chapter 401, Occupations Code.
1273	1273	SECTION 78. To the extent of any conflict, this Act prevails
1274	1274	over another Act of the 85th Legislature, Regular Session, 2017,
1275	1275	relating to nonsubstantive additions to and corrections in enacted
1276	1276	codes.
1277	1277	SECTION 79. This Act takes effect September 1, 2017.