86R13664 BEE-F
By: Miller H.B. No. 3244
A BILL TO BE ENTITLED
AN ACT
relating to regulating the practice of dyslexia therapy and
abolishing the licensed dyslexia practitioner license; requiring
an occupational license; imposing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 403, Occupations Code, is
amended to read as follows:
CHAPTER 403. [LICENSED DYSLEXIA PRACTITIONERS AND] LICENSED
DYSLEXIA THERAPISTS
SECTION 2. Section 403.001, Occupations Code, is amended by
adding Subdivisions (2-a) and (2-b) to read as follows:
(2-a) "Dyslexia" has the meaning assigned by Section
38.003, Education Code.
(2-b) "Dyslexia therapy" means the application of
nonmedical principles, methods, and procedures for identifying,
mitigating, or remediating dyslexia in individuals.
SECTION 3. Subchapter A, Chapter 403, Occupations Code, is
amended by adding Sections 403.004, 403.005, and 403.006 to read as
follows:
Sec. 403.004. APPLICABILITY: TEACHER OR EMPLOYEE OF SCHOOL.
This chapter does not apply to a teacher or employee of a private or
public primary or secondary school who practices dyslexia therapy
within the scope of the teacher's or employee's employment.
Sec. 403.005. APPLICABILITY: FAMILY MEMBERS AND GUARDIANS.
This chapter does not apply to a family member or guardian of a
recipient of dyslexia therapy who is implementing a dyslexia
therapy plan for the recipient under the extended authority and
direction of a licensed dyslexia therapist or a person described by
Section 403.004.
Sec. 403.006. APPLICABILITY: SUPERVISED PERSONNEL. This
chapter does not apply to an unlicensed person who is implementing a
dyslexia therapy plan under the supervision of a licensed dyslexia
therapist.
SECTION 4. Section 403.0511, Occupations Code, is amended
to read as follows:
Sec. 403.0511. GENERAL POWERS AND DUTIES. (a) The
executive director shall administer and enforce this chapter.
(b) The commission shall adopt rules necessary to
administer and enforce this chapter.
SECTION 5. Section 403.101, Occupations Code, is amended to
read as follows:
Sec. 403.101. LICENSE REQUIRED. (a) Except as provided by
Subchapter A, a person may not engage in the practice of dyslexia
therapy unless the person holds a license under this chapter.
(b) A person may not use the title ["licensed dyslexia
practitioner" or] "licensed dyslexia therapist" in this state
unless the person holds a [the appropriate] license under this
chapter.
SECTION 6. Section 403.102, Occupations Code, is amended to
read as follows:
Sec. 403.102. ISSUANCE OF LICENSE. The department shall
issue a [licensed dyslexia practitioner or] licensed dyslexia
therapist license to an applicant who meets the requirements of
this chapter.
SECTION 7. Sections 403.106(a) and (b), Occupations Code,
are amended to read as follows:
(a) For purposes of determining whether an applicant
satisfies the training requirements for a license under this
chapter, a multisensory structured language education training
program completed by the applicant must:
(1) be accredited by a nationally recognized
accrediting organization;
(2) have in writing defined goals and objectives,
areas of authority, and policies and procedures;
(3) have the appropriate financial and management
resources to operate the training program, including a
knowledgeable administrator and standard accounting and reporting
procedures;
(4) have a physical site, equipment, materials,
supplies, and environment suitable for the training program;
(5) have a sufficient number of instructional
personnel who have completed the requirements for certification in
multisensory structured language education;
(6) have been reviewed by multisensory structured
language education professionals who are not affiliated with the
training program;
(7) have developed and followed procedures to maintain
and improve the quality of training provided by the program;
(8) have provided direct instruction in the principles
and in each element of multisensory structured language education
for a minimum of[:
[(A)] 200 contact hours of course work [for
training program participants who seek a licensed dyslexia
therapist license; and
[(B) 45 contact hours of course work for training
program participants who seek a licensed dyslexia practitioner
license];
(9) have required training program participants to
complete a program of supervised clinical experience in which the
participants provided multisensory structured language education
to students or adults, either individually or in small groups for a
minimum of [:
[(A)] 700 hours [for training program
participants who seek a licensed dyslexia therapist license; and
[(B) 60 hours for training program participants
who seek a licensed dyslexia practitioner license];
(10) have required training program participants to
demonstrate the application of multisensory structured language
education principles of instruction by completing demonstration
lessons observed by an instructor and followed by a conference with
and a written report by the instructor; and
(11) have provided instruction based on the Texas
Education Agency publication "The Dyslexia Handbook: Procedures
Concerning Dyslexia and Related Disorders (2007)," or a revised
version of that publication approved by the department.
(b) A training program must require a training program
participant [who seeks a licensed dyslexia practitioner license] to
have completed at least 10 [five] demonstration lessons described
by Subsection (a)(10) [and a participant who seeks a licensed
dyslexia therapist license to have completed at least 10
demonstration lessons].
SECTION 8. Subchapter C, Chapter 403, Occupations Code, is
amended by adding Section 403.111 to read as follows:
Sec. 403.111. PROVISIONAL LICENSE. (a) A person is
eligible for a provisional license under this chapter if the person
is:
(1) certified as a Certified Academic Language
Therapist by the Academic Language Therapy Association; and
(2) pursuing a master's degree from an accredited
public or private institution of higher education.
(b) The department shall issue a provisional license to an
applicant who:
(1) meets the requirements of Subsection (a);
(2) complies with commission rules;
(3) applies to the department on the form and in the
manner prescribed by the executive director; and
(4) pays the required fee.
(c) The commission shall adopt rules necessary to implement
this section.
(d) This section expires September 1, 2024.
SECTION 9. Section 403.151(b), Occupations Code, is amended
to read as follows:
(b) A person may not practice dyslexia therapy [licensed
dyslexia therapist may practice] in a [school, learning center,
clinic, or] private practice setting, including a learning center
or clinic, unless the person is a licensed dyslexia therapist.
SECTION 10. The following provisions of the Occupations
Code are repealed:
(1) Section 403.104; and
(2) Section 403.151(a).
SECTION 11. A license issued under a law that is repealed by
this Act expires on the effective date of this Act.
SECTION 12. (a) The change in law made by this Act does not
affect the validity of a proceeding pending before a court or other
governmental entity on the effective date of this Act.
(b) A violation of law committed before the effective date
of this Act is governed by the law in effect on the date the
violation was committed, and the former law is continued in effect
for that purpose.
SECTION 13. This Act takes effect September 1, 2019.