Texas 2025 89th Regular

Texas Senate Bill SB905 Comm Sub / Bill

Filed 05/05/2025

                    By: Zaffirini S.B. No. 905
 (In the Senate - Filed January 24, 2025; February 13, 2025,
 read first time and referred to Committee on Health & Human
 Services; May 5, 2025, reported adversely, with favorable
 Committee Substitute by the following vote:  Yeas 9, Nays 0;
 May 5, 2025, sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR S.B. No. 905 By:  Perry




 A BILL TO BE ENTITLED
 AN ACT
 relating to the licensing and regulation of speech-language
 pathologists and audiologists.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 401.2021, Occupations Code, is amended
 to read as follows:
 Sec. 401.2021.  RULES FOR HEARING INSTRUMENTS. With the
 assistance of the advisory board [and the Hearing Instrument
 Fitters and Dispensers Advisory Board], the commission shall adopt
 rules to establish requirements for each sale of a hearing
 instrument for purposes of this chapter [and Chapter 402]. The
 rules must:
 (1)  address:
 (A)  the information and other provisions
 required in each written contract for the purchase of a hearing
 instrument;
 (B)  records that must be retained under this
 chapter [or Chapter 402]; and
 (C)  guidelines for the 30-day trial period during
 which a person may cancel the purchase of a hearing instrument; and
 (2)  require that the written contract and 30-day trial
 period information provided to a purchaser of a hearing instrument
 be in plain language designed to be easily understood by the average
 consumer.
 SECTION 2.  Section 401.308, Occupations Code, is amended to
 read as follows:
 Sec. 401.308.  [PROVISIONAL LICENSE;] CERTIFICATE OF
 CLINICAL COMPETENCE WAIVER. [(a)  The department may grant a
 provisional license to an applicant who:
 [(1)  is licensed in good standing as a speech-language
 pathologist or an audiologist in another state that has licensing
 requirements that are substantially equivalent to the requirements
 of this chapter;
 [(2)  has passed a national or other examination
 recognized by the department relating to speech-language pathology
 or audiology; and
 [(3)  is sponsored by a license holder with whom the
 provisional license holder may practice under this section.
 [(b)  An applicant for a provisional license may be excused
 from the requirement of Subsection (a)(3) if the department
 determines that compliance with that requirement is a hardship to
 the applicant.
 [(c)  A provisional license is valid until the date the
 department approves or denies the provisional license holder's
 application for a license.
 [(d)  The department shall issue a license under this chapter
 to a provisional license holder:
 [(1)  who passes the examination required by Section
 401.305;
 [(2)  for whom the department verifies satisfaction of
 the academic and experience requirements for a license under this
 chapter; and
 [(3)  who satisfies any other license requirements
 under this chapter.
 [(e)  The department shall complete the processing of a
 provisional license holder's application for a license not later
 than the 180th day after the date the provisional license is issued.
 [(f)]  The department may waive the examination requirement
 and issue a license to an applicant who holds the Certificate of
 Clinical Competence of the American Speech-Language-Hearing
 Association.
 SECTION 3.  Section 401.404, Occupations Code, is amended to
 read as follows:
 Sec. 401.404.  HEARING INSTRUMENT SALES TO MINORS. A
 licensed audiologist may not sell a hearing instrument to a person
 under 18 years of age unless the person or the parent or guardian of
 the person presents to the audiologist a written statement signed
 by a licensed physician [who specializes in diseases of the ear]
 stating that:
 (1)  the person's hearing loss has been medically
 evaluated during the six-month period preceding the date the
 statement is presented; and
 (2)  the person may be considered a candidate for a
 hearing instrument.
 SECTION 4.  Section 402.1021, Occupations Code, is amended
 to read as follows:
 Sec. 402.1021.  RULES FOR HEARING INSTRUMENTS. With the
 assistance of the advisory board [and the Speech-Language
 Pathologists and Audiologists Advisory Board], the commission
 shall adopt rules to establish requirements for each sale of a
 hearing instrument for purposes of this chapter [and Chapter 401].
 The rules must:
 (1)  address:
 (A)  the information and other provisions
 required in each written contract for the purchase of a hearing
 instrument;
 (B)  records that must be retained under this
 chapter [or Chapter 401]; and
 (C)  guidelines for the 30-day trial period during
 which a person may cancel the purchase of a hearing instrument; and
 (2)  require that the written contract and 30-day trial
 period information provided to a purchaser of a hearing instrument
 be in plain language designed to be easily understood by the average
 consumer.
 SECTION 5.  Section 401.404, Occupations Code, as amended by
 this Act, applies only to conduct that occurs on or after the
 effective date of this Act.  Conduct that occurs before the
 effective date of this Act is governed by the law in effect on the
 date the conduct occurred, and the former law is continued in effect
 for that purpose.
 SECTION 6.  (a) A provisional license issued under Section
 401.308, Occupations Code, before the effective date of this Act
 that is in effect on that date continues to be valid until the
 license expires, and the provisions of Section 401.308, Occupations
 Code, repealed by this Act continue in effect for that purpose.
 Chapter 401, Occupations Code, as amended by this Act, continues to
 apply to a holder of an unexpired provisional license.
 (b)  On or after the effective date of this Act, the Texas
 Department of Licensing and Regulation may not renew or extend a
 provisional license issued under Section 401.308, Occupations
 Code, before the effective date of this Act.
 (c)  A proceeding under Chapter 51 or 401, Occupations Code,
 that is pending against a holder of a provisional license on the
 date the license expires is terminated on that date.
 SECTION 7.  This Act takes effect September 1, 2025.
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