Texas 2019 - 86th Regular

Texas House Bill HB3244 Compare Versions

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

Old	New	Differences
1	1	86R13664 BEE-F
2	2	By: Miller H.B. No. 3244
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulating the practice of dyslexia therapy and
8	8	abolishing the licensed dyslexia practitioner license; requiring
9	9	an occupational license; imposing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 403, Occupations Code, is
12	12	amended to read as follows:
13	13	CHAPTER 403. [LICENSED DYSLEXIA PRACTITIONERS AND] LICENSED
14	14	DYSLEXIA THERAPISTS
15	15	SECTION 2. Section 403.001, Occupations Code, is amended by
16	16	adding Subdivisions (2-a) and (2-b) to read as follows:
17	17	(2-a) "Dyslexia" has the meaning assigned by Section
18	18	38.003, Education Code.
19	19	(2-b) "Dyslexia therapy" means the application of
20	20	nonmedical principles, methods, and procedures for identifying,
21	21	mitigating, or remediating dyslexia in individuals.
22	22	SECTION 3. Subchapter A, Chapter 403, Occupations Code, is
23	23	amended by adding Sections 403.004, 403.005, and 403.006 to read as
24	24	follows:
25	25	Sec. 403.004. APPLICABILITY: TEACHER OR EMPLOYEE OF SCHOOL.
26	26	This chapter does not apply to a teacher or employee of a private or
27	27	public primary or secondary school who practices dyslexia therapy
28	28	within the scope of the teacher's or employee's employment.
29	29	Sec. 403.005. APPLICABILITY: FAMILY MEMBERS AND GUARDIANS.
30	30	This chapter does not apply to a family member or guardian of a
31	31	recipient of dyslexia therapy who is implementing a dyslexia
32	32	therapy plan for the recipient under the extended authority and
33	33	direction of a licensed dyslexia therapist or a person described by
34	34	Section 403.004.
35	35	Sec. 403.006. APPLICABILITY: SUPERVISED PERSONNEL. This
36	36	chapter does not apply to an unlicensed person who is implementing a
37	37	dyslexia therapy plan under the supervision of a licensed dyslexia
38	38	therapist.
39	39	SECTION 4. Section 403.0511, Occupations Code, is amended
40	40	to read as follows:
41	41	Sec. 403.0511. GENERAL POWERS AND DUTIES. (a) The
42	42	executive director shall administer and enforce this chapter.
43	43	(b) The commission shall adopt rules necessary to
44	44	administer and enforce this chapter.
45	45	SECTION 5. Section 403.101, Occupations Code, is amended to
46	46	read as follows:
47	47	Sec. 403.101. LICENSE REQUIRED. (a) Except as provided by
48	48	Subchapter A, a person may not engage in the practice of dyslexia
49	49	therapy unless the person holds a license under this chapter.
50	50	(b) A person may not use the title ["licensed dyslexia
51	51	practitioner" or] "licensed dyslexia therapist" in this state
52	52	unless the person holds a [the appropriate] license under this
53	53	chapter.
54	54	SECTION 6. Section 403.102, Occupations Code, is amended to
55	55	read as follows:
56	56	Sec. 403.102. ISSUANCE OF LICENSE. The department shall
57	57	issue a [licensed dyslexia practitioner or] licensed dyslexia
58	58	therapist license to an applicant who meets the requirements of
59	59	this chapter.
60	60	SECTION 7. Sections 403.106(a) and (b), Occupations Code,
61	61	are amended to read as follows:
62	62	(a) For purposes of determining whether an applicant
63	63	satisfies the training requirements for a license under this
64	64	chapter, a multisensory structured language education training
65	65	program completed by the applicant must:
66	66	(1) be accredited by a nationally recognized
67	67	accrediting organization;
68	68	(2) have in writing defined goals and objectives,
69	69	areas of authority, and policies and procedures;
70	70	(3) have the appropriate financial and management
71	71	resources to operate the training program, including a
72	72	knowledgeable administrator and standard accounting and reporting
73	73	procedures;
74	74	(4) have a physical site, equipment, materials,
75	75	supplies, and environment suitable for the training program;
76	76	(5) have a sufficient number of instructional
77	77	personnel who have completed the requirements for certification in
78	78	multisensory structured language education;
79	79	(6) have been reviewed by multisensory structured
80	80	language education professionals who are not affiliated with the
81	81	training program;
82	82	(7) have developed and followed procedures to maintain
83	83	and improve the quality of training provided by the program;
84	84	(8) have provided direct instruction in the principles
85	85	and in each element of multisensory structured language education
86	86	for a minimum of[:
87	87	[(A)] 200 contact hours of course work [for
88	88	training program participants who seek a licensed dyslexia
89	89	therapist license; and
90	90	[(B) 45 contact hours of course work for training
91	91	program participants who seek a licensed dyslexia practitioner
92	92	license];
93	93	(9) have required training program participants to
94	94	complete a program of supervised clinical experience in which the
95	95	participants provided multisensory structured language education
96	96	to students or adults, either individually or in small groups for a
97	97	minimum of [:
98	98	[(A)] 700 hours [for training program
99	99	participants who seek a licensed dyslexia therapist license; and
100	100	[(B) 60 hours for training program participants
101	101	who seek a licensed dyslexia practitioner license];
102	102	(10) have required training program participants to
103	103	demonstrate the application of multisensory structured language
104	104	education principles of instruction by completing demonstration
105	105	lessons observed by an instructor and followed by a conference with
106	106	and a written report by the instructor; and
107	107	(11) have provided instruction based on the Texas
108	108	Education Agency publication "The Dyslexia Handbook: Procedures
109	109	Concerning Dyslexia and Related Disorders (2007)," or a revised
110	110	version of that publication approved by the department.
111	111	(b) A training program must require a training program
112	112	participant [who seeks a licensed dyslexia practitioner license] to
113	113	have completed at least 10 [five] demonstration lessons described
114	114	by Subsection (a)(10) [and a participant who seeks a licensed
115	115	dyslexia therapist license to have completed at least 10
116	116	demonstration lessons].
117	117	SECTION 8. Subchapter C, Chapter 403, Occupations Code, is
118	118	amended by adding Section 403.111 to read as follows:
119	119	Sec. 403.111. PROVISIONAL LICENSE. (a) A person is
120	120	eligible for a provisional license under this chapter if the person
121	121	is:
122	122	(1) certified as a Certified Academic Language
123	123	Therapist by the Academic Language Therapy Association; and
124	124	(2) pursuing a master's degree from an accredited
125	125	public or private institution of higher education.
126	126	(b) The department shall issue a provisional license to an
127	127	applicant who:
128	128	(1) meets the requirements of Subsection (a);
129	129	(2) complies with commission rules;
130	130	(3) applies to the department on the form and in the
131	131	manner prescribed by the executive director; and
132	132	(4) pays the required fee.
133	133	(c) The commission shall adopt rules necessary to implement
134	134	this section.
135	135	(d) This section expires September 1, 2024.
136	136	SECTION 9. Section 403.151(b), Occupations Code, is amended
137	137	to read as follows:
138	138	(b) A person may not practice dyslexia therapy [licensed
139	139	dyslexia therapist may practice] in a [school, learning center,
140	140	clinic, or] private practice setting, including a learning center
141	141	or clinic, unless the person is a licensed dyslexia therapist.
142	142	SECTION 10. The following provisions of the Occupations
143	143	Code are repealed:
144	144	(1) Section 403.104; and
145	145	(2) Section 403.151(a).
146	146	SECTION 11. A license issued under a law that is repealed by
147	147	this Act expires on the effective date of this Act.
148	148	SECTION 12. (a) The change in law made by this Act does not
149	149	affect the validity of a proceeding pending before a court or other
150	150	governmental entity on the effective date of this Act.
151	151	(b) A violation of law committed before the effective date
152	152	of this Act is governed by the law in effect on the date the
153	153	violation was committed, and the former law is continued in effect
154	154	for that purpose.
155	155	SECTION 13. This Act takes effect September 1, 2019.