Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
Subchapter A. INDIVIDUAL AND ENGINEER COMPLIANCE
22 TAC §137.13
The Texas Board of Professional Engineers adopts an amendment
to §137.13, relating to Inactive Status, without changes to the proposed
text as published in the December 30, 2005, issue of the
Texas Register
(30 TexReg 8783) and will not be republished
The adopted amendment allows a license holder currently in Inactive Status
to use the term "Retired" to indicate Inactive Status on business cards and
correspondence.
No comments were received regarding the Board's adoption of the amended
section.
The amendment is adopted pursuant to the Texas Engineering Practice
Act, Texas Occupations Code §1001.202, which authorizes the board to
make and enforce all rules and regulations and bylaws consistent with the
Act as necessary for the performance of its duties, the governance of its
own proceedings, and the regulation of the practice of engineering in this
state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 28, 2006.
TRD-200601175
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: March 20, 2006
Proposal publication date: December 30, 2005
For further information, please call: (512) 440-7723
Subchapter C. ENFORCEMENT PROCEEDINGS
22 TAC §139.35
The Texas Board of Professional Engineers adopts amendments
to §139.35, relating to Sanctions and Penalties without changes to the
proposed text as published in the January 13, 2006, issue of the
Texas Register
(31 TexReg 221) and will not be republished
The adopted amendments reorganize the Sanction and Penalty table to include
an Administrative classification, and relocate certain current violations
to this new classification. The Board has also reviewed and revised the suggested
sanctions for the Administrative violations.
No comments were received regarding the Board's adoption of the amended
section.
The amendments are adopted pursuant to the Texas Engineering
Practice Act, Texas Occupations Code §1001.202, which authorizes the
board to make and enforce all rules and regulations and bylaws consistent
with the Act as necessary for the performance of its duties, the governance
of its own proceedings, and the regulation of the practice of engineering
in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 28, 2006.
TRD-200601174
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: March 20, 2006
Proposal publication date: January 13, 2006
For further information, please call: (512) 440-7723
Chapter 153.
RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT
22 TAC §153.21
The Texas Appraiser Licensing and Certification Board adopts
an amendment to §153.21, concerning Appraiser Trainees and Sponsors with
changes to the proposed text as published in the September 30, 2005, issue
of the
Texas Register
(30 TexReg 6170) and
will be republished.
The adopted amendment to §153.21(a) defines the educational requirements
that an appraiser trainee applicant must satisfy for an application received
after March 31, 2006, that is consistent with the Appraiser Qualifications
Board Criteria. The proposed rule has an effective date of for applications
"received after February 28, 2006;" however, the rule was adopted changing
the effective date to "applications received after March 31, 2006."
While a written comment was received from the Foundation Appraiser Coalition
of Texas (FACT) opposing proposed amendment to §153.21, it did not include
the amendment to subsection (a).
The amendment is adopted under the Texas Appraiser Licensing
and Certification Act, Subchapter D, Board Powers and Duties (Occupations
Code, Chapter 1103), which provides the board with authority to adopt rules
under §1103.151, Rules Relating to Certification and Licenses.
§153.21.Appraiser Trainees and Sponsors.
(a)
A person desiring to be an appraiser trainee under the
sponsorship of one or more state certified appraisers may apply to the board
on the application form prescribed by the board on the application form prescribed
by the board. For all applications received after March 31, 2006, a prospective
appraiser trainee must meet the requirements set forth in §1103.353 of
the Texas Appraiser Licensing and Certification Act, complete 75 creditable
classroom hours as set forth in the Trainee Core Curriculum of the Appraiser
Qualifications Board, and must pass the 15 hours National USPAP course and
examination. A prospective trainee must be a citizen of the United States
or a lawfully admitted alien; be at least 18 years of age; be a legal resident
of this state for at least 60 days immediately before the filing of the application;
and satisfy the board as to the prospective trainee's honesty, trustworthiness,
and integrity. Once a person is approved as an appraiser trainee by the board,
the person may perform appraisals or appraiser services only under the active,
personal and diligent direction and supervision of a sponsoring certified
appraiser unless one of the following events occurs:
(1)
the appraiser trainee approval expires due to nonpayment
of the annual renewal fee or the educational or experience requirements for
renewal have not been met;
(2)
the sponsorship is terminated by either the sponsor or
the trainee, leaving the appraiser trainee without a sponsoring certified
appraiser; or
(3)
the trainee's authority to act has been suspended or revoked
by the board.
(b)
The sponsoring certified appraiser shall immediately notify
the board in writing of any termination of sponsorship of an appraiser trainee,
on a form prescribed by the board and pay a fee set by the board not later
than the 10th day after the date of such termination. The board will notify
the trainee that the sponsorship has been terminated.
(c)
If an appraiser trainee's approval has expired or been
revoked by the board or the trainee is no longer under the sponsorship of
a certified appraiser, the appraiser trainee may not perform the duties of
an appraiser trainee until an application to sponsor the trainee has been
filed together with the appropriate fee and approved by the board.
(d)
Certified appraisers who sponsor appraiser trainees or
who sign a report shall be responsible to the public and to the board for
the conduct of the appraiser trainee under the Act. After notice and hearing,
the board may reprimand a sponsoring appraiser or may suspend or revoke a
sponsoring appraiser's certification based on conduct by the appraiser trainee
constituting a violation of the Act or a rule of the board.
(e)
A certified appraiser may be added as a sponsor during
the term of an appraiser trainee's authorization, by completing a form prescribed
by the board and paying a fee set by the board, and shall assume all the duties,
responsibilities, and obligations of an appraiser trainee sponsor as specified
in these rules.
(f)
Both the sponsoring certified appraiser and the appraiser
trainee must reside in this state.
(g)
An approved appraiser trainee must use the business address
of his or her sponsor.
(h)
An approved appraiser trainee who signs an appraisal report
must include his or her TALCB approval or authorization number and the word
"Trainee."
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 28, 2006.
TRD-200601156
Wayne Thorburn
Commissioner
Texas Appraiser Licensing and Certification Board
Effective date: March 20, 2006
Proposal publication date: September 30, 2005
For further information, please call: (512) 465-3950
Chapter 277.
PRACTICE AND PROCEDURE
22 TAC §277.2, §277.6
The Texas Optometry Board adopts amendments to Rules 277.2
and 277.6 without changes to the proposed text as published in the December
2, 2005, issue of the
Texas Register
(30 TexReg
7974).
The amendments implement requirements of House Bill 1025, 79th Legislature,
Regular Session.
Rule 277.2 amendments change the disciplinary proceedings procedure. The
amendments require the attendance of additional board members at informal
conferences, provide for informal conferences for persons issued cease and
desist orders, require consulting a penalty schedule, and allow the Investigation-Enforcement
Committee to enter into an agreed order with a licensee in which the licensee
agrees to refund the examination fee paid by the patient.
Rule 277.6 amendments concern the publishing of recommended administrative
penalties and fines. The amendments add additional guidelines to those currently
in this section, and provide a recommended amount versus a range of administrative
penalties and fines.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Optometry Act, Texas
Occupations Code, §§351.151, 351.551, 351.552 and House Bill 1025,
79th Legislature (Sections §§351.507, 351.522 and 351.608 of the
Optometry Act). No other sections are affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession,
The Board interprets §351.551 and §351.552 as authorizing the imposition
of administrative penalties by the Board according to provisions set out in
the Act, and House Bill 1025, 79th Legislature, as revising the required participants
of an informal conference, allowing refunds of examination fees, requiring
a penalty schedule, setting the procedure for issuing cease and desist orders
and requiring the Board to publish a standardized penalty schedule.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 3, 2006.
TRD-200601393
Chris Kloeris
Executive Director
Texas Optometry Board
Effective date: March 23, 2006
Proposal publication date: December 2, 2005
For further information, please call: (512) 305-8502
Chapter 391.
POLYGRAPH EXAMINER INTERNSHIP
22 TAC §391.3
The Polygraph Examiners Board adopts an amendment to §391.3,
concerning Internship Training Schedule, without changes to the proposed text
as published in the December 30, 2005, issue of the
Texas Register
(30 TexReg 8785) and will not be republished.
Section 391.3(4)(C) was amended to make a grammatical change. The word
"polygraphy" was corrected to read as "polygraph". The amendment to §391.3(15)
deletes the sentence "Board Members or Polygraph Board Staff may not act as
sponsors".
During the course of the August 10, 2005 meeting, the members of the board
discussed the shortage of willing sponsors for polygraph interns and the fact
that there are currently intern applicants who have been unable to find a
sponsor. They also discussed the particular hardship upon intern applicants
outside of major metropolitan areas. Prior to this rule, such interns had
been sponsored by board members. There are currently polygraph intern applicants
who are unable to complete their training and proceed toward licensure due
to a lack of willing sponsors, and the current rule is prohibiting otherwise
willing and qualified sponsors from sponsoring interns.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Polygraph Examiners Act, Texas
Occupations Code, Chapter 1703, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Texas Occupations
Code, Chapter 1703.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 1, 2006.
TRD-200601306
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Effective date: March 21, 2006
Proposal publication date: December 30, 2005
For further information, please call: (512) 424-2058
Chapter 741.
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
The State Board of Examiners for Speech-Language Pathology and Audiology
(board) adopts the repeal of §§741.1, 741.11 - 741.15, 741.31 -
741.33, 741.41, 741.61 - 741.66, 741.81 - 741.86, 741.91, 741.101 - 741.103,
741.111, 741.112, 741.121, 741.141, 741.142, 741.161 - 741.165, 741.181, 741.182,
741.191 - 741.195 and new §§741.1, 741.11 - 741.15, 741.31 - 741.33,
741.41 - 741.45, 741.61 - 741.65, 741.81 - 741.85, 741.91, 741.101 - 741.103,
741.111, 741.112, 741.121, 741.141, 741.161 - 741.165, 741.181, 741.182, 741.191
- 741.201, concerning the licensure and regulation of speech-language pathologists
and audiologists. The new §§741.1, 741.12, 741.41, 741.42, 741.44,
741.62, 741.64, 741.82, 741.84, 741.102, 741.103, 741.141, 741.161, 741.164,
and 741.181 are adopted with changes to the proposed text as published in
the September 2, 2005, issue of the
Texas Register
(30 TexReg 5247). The repeal of §§741.1, 741.11 - 741.15,
741.31 - 741.33, 741.41, 741.61 - 741.66, 741.81 - 741.86, 741.91, 741.101
- 741.103, 741.111, 741.112, 741.121, 741.141, 741.142, 741.161 - 741.165,
741.181, 741.182, 741.191 - 741.195 and new §§741.11, 741.13 - 741.15,
741.31 - 741.33, 741.43, 741.45, 741.61, 741.63, 741.65, 741.81, 741.83, 741.85,
741.91, 741.101, 741.111, 741.112, 741.121, 741.162, 741.163, 741.165, 741.182,
and 741.191 - 741.201 are adopted without changes, and the sections will not
be published.
Government Code, §2001.039, requires that each state agency review
and consider for readoption each rule adopted by that agency pursuant to the
Government Code, Chapter 2001 (Administrative Procedure Act). Sections 741.1,
741.11 - 741.15, 741.31 - 741.33, 741.41, 741.61 - 741.66, 741.81 - 741.86,
741.91, 741.101 - 741.103, 741.111, 741.112, 741.121, 741.141, 741.142, 741.161
- 741.165, 741.181, 741.182, and 741.191 - 741.195 have been reviewed and
the board has determined that the reasons for adopting the sections continue
to exist in that rules concerning the licensure and regulation of speech-language
pathologists and audiologists are still needed; however, the rules are repealed
and adopted as new rules as described in this preamble. The adopted repeals
and new sections are the result of the comprehensive rule review undertaken
by the board and the board's staff.
In general, each section was reviewed, repealed, and readopted in order
to ensure appropriate subchapter, section, and paragraph organization and
captioning; to ensure clarity; to improve spelling, grammar, and punctuation;
to ensure that the rules reflect current legal, policy, and operational considerations;
to ensure accuracy of legal citations; to delete repetitive, obsolete, unenforceable,
or unnecessary language; to improve draftsmanship; and to make the rules more
accessible, understandable, and usable to the extent possible. The review
resulted in significant modifications and improvements to the organization
and structure of the rules, as described in the proposed preamble.
The following comments were received concerning the proposed repeal and
new sections. Following each comment is the board's response and any resulting
change(s).
Comment: Several commenters requested that the comment period be extended
due to the effects of Hurricane Rita on the communities of Southeast Texas,
which affected the commenters' ability to analyze the proposal and provide
comments.
Response: The board agrees and the comment period, which was scheduled
to close on October 2, 2005, was extended to November 2, 2005.
Comment: Several commenters expressed support and appreciation for the
streamlining of the rules and the board's efforts to eliminate minutiae and
redundancy.
Response: The board agrees and appreciates the comments and thanks the
commenters. No change was made as a result of the comments.
Comment: One commenter expressed concern that the rules interchange the
word "patient" and "client" and recommended using the same term throughout
the rules.
Response: The board agrees and has changed the term "patient" to "client"
throughout the rules, when appropriate.
Comment: Two commenters expressed concern regarding §741.41(c)(1).
The commenters stated that the requirement to provide a written report of
evaluations within 60 days would unduly increase the administrative workload
of audiologists.
Response: The board agrees. The following change was made as a result of
the comment. Section 741.41(c)(1) has been revised to require that an audiologist
shall fully inform clients of the results of an evaluation within 60 days
upon request.
Comment: One commenter questioned whether §741.42(5)(C) is necessary,
stating that it is ambiguous and open to interpretation. The commenter stated
that the substance of the rule implies that a license holder would intentionally
mislead the public and that the rule is also covered by §741.41(a)(9),
which requires a license holder to provide accurate information to the public
and to clients.
Response: The board disagrees. The language of the rule mirrors Texas Occupations
Code §101.201, which applies to health professions generally, including
speech-language pathologists and audiologists. No change was made as a result
of the comment.
Comment: One commenter questioned whether §741.42(5)(D) is necessary,
believing that it is covered under other rules requiring a license holder
to provide accurate information to the public and clients.
Response: The board disagrees. The language of the rule mirrors Texas Occupations
Code §101.201, which applies to health professions generally, including
speech-language pathologists and audiologists.
Comment: Two commenters expressed concern regarding §741.42(5)(H),
which prohibits a license holder from advertising or using a professional
name, title, or professional identification that is expressly or commonly
reserved for or used by another profession or professional. The commenters
stated that audiologists who have completed the Doctor of Audiology degree
will be prohibited from using the title "doctor" when they have rightfully
earned it. One of the commenters also stated that the rule conflicts with §741.41(a)
and §741.41(b)(13). The commenter also stated that this rule will prohibit
audiologists who have other advanced training from advertising or advising
the public that they have completed advanced training.
Response: The board disagrees. It is commonly accepted that persons who
hold a doctorate degree may use the title "doctor." There is no conflict with
other rules in Chapter 741. The rule does not prohibit a license holder from
advertising that the license holder has received advanced training, as long
as such advertising is not false, misleading, or deceptive. The language of
the rule mirrors Texas Occupations Code §101.201, which applies to health
professions generally, including speech-language pathologists and audiologists.
No change was made as a result of the comments.
Comment: One commenter expressed concern about §741.44(b)(4) which
requires that a license holder shall not supervise more than a total of four
interns and/or assistants. The commenter stated the rule is excessively restrictive
in the public school setting and recommended that a license holder be allowed
to supervise a greater number of assistants.
Response: The board disagrees. The commenter's position does not take into
account the total number of clients receiving services. The supervising license
holder bears legal and ethical responsibility for the entire caseload. The
board believes that the rule is appropriate as proposed, and is consistent
with American Speech-Language Hearing Association standards. Additionally,
the rule provides for an exception allowing for the supervision of more than
four interns and/or assistants if the supervisor submits documentation of
the supervisor's ability to manage the entire caseload. No change was made
as a result of the comment.
Comment: One commenter expressed concern regarding §741.44(c)(2) and
indicated that the reference in the rule to §741.65 should be §741.64.
Response: The board agrees and §741.44(c)(2) is changed accordingly.
Comment: One commenter expressed concern regarding §741.64(i)(3) and
(k)(4) and (5), and stated that the rules are overly restrictive and do not
reflect federal law. The commenter stated that the parent or local school
district may allow any person, including a speech-language pathology assistant,
to attend any Admission, Review, and Dismissal (ARD) meeting.
Response: The board disagrees that the rules are overly restrictive. While
the board recognizes that, under federal law, a parent or local school district
may allow any person to attend an ARD meeting, federal law does not provide
that any person may attend an ARD meeting representing speech-language pathology.
The board's rules address attendance as a representative of special education
and speech-language pathology. The board emphasizes that there is no conflict
with federal law. No change was made as a result of the comment, however,
the rule was modified as a result of another comment.
Comment: Regarding §741.64(i)(4) and (k)(6), one commenter stated
that an assistant should be allowed to present Individual Educational Plan
(IEP) goals without the goals being the sole creation of the supervisor. The
commenter stated that federal law requires that the IEP team shall develop
goals and stated that this rule is illegal under federal law.
Response: The board disagrees. The board strongly believes that IEP goals
to be presented at the ARD meeting must be developed by the supervising speech-language
pathologist, who is the professional with the training, experience, and skills
necessary to develop the goals. The board is fully aware that the final approved
IEP is a team effort. As the commenter indicates, draft goals and objectives
are developed prior to the ARD meeting. These are the goals and objectives
referenced in the rule. The rule is not illegal and does not exceed the scope
of federal law. No change was made as a result of the comment.
Comment: Regarding §741.64(i)(5), one commenter stated that the proposal
that an assistant discontinue participation in the ARD meeting when questions
or changes arise is wholly unworkable and disruptive to the process.
Response: The board disagrees. It is in the client's best interest to discontinue
and reconvene the ARD meeting if questions or changes arise regarding the
goals developed by the supervising speech-language pathologist. The supervising
speech-language pathologist is the professional with the experience, training,
and knowledge to address specific questions regarding speech therapy and regarding
substantive changes to the IEP goals relating to speech-language pathology.
No change was made as a result of the comment.
Comment: One commenter stated that any rule proposal relating to the ARD
process, development of IEPs, or the public school generally should be submitted
to Texas Education Agency for approval.
Response: The board notifies all stakeholders, including Texas Education
Agency, of rule proposals. However, there is no requirement of law that another
agency must approve the rules of the board. The board's rulemaking authority
is established in Texas Occupations Code §402.202. No change was made
as a result of the comment.
Comment: One commenter expressed concern regarding §741.64(i)(3),
which required that an assistant may only attend annual review ARD meetings
for students with a sole diagnosis of articulation disorder. The commenter
recommended specific language to replace the proposed language which would
allow an assistant to attend an annual review ARD meeting for any student
for whom the assistant provides services.
Response: The board agrees. Section 741.64(i)(3) as adopted incorporates
the recommended language to the paragraph. Some of the recommended language
was also incorporated as new §741.44(e).
Comment: One commenter expressed concern regarding §741.81(b)(5) and
recommended that the phrase "or other recognized accrediting body" be included
which would allow the acknowledgment of programs accredited by bodies other
than the American Speech-Language Hearing Association Council on Academic
Accreditation.
Response: The board agrees, but the rule cannot be modified due to a restriction
found within the board's enabling statute. Texas Occupations Code, §401.304,
requires that an applicant for a license must possess at least a master's
degree with a major in at least one of the areas of communicative sciences
or disorders from a program accredited by the American Speech-Language-Hearing
Association in an accredited or approved college or university. No change
was made as a result of the comment.
Comment: One commenter expressed concerns regarding §741.81(d)(2)(B)
and recommended adding board certification by the American Board of Audiology
as another option for recognition of the supervisor of an out-of-state internship,
if the other state does not require licensing.
Response: The board agrees, but the rule is not being modified due to a
restriction found within the board's enabling statute. Texas Occupations Code, §401.304,
requires that an applicant for a license must possess at least a master's
degree with a major in at least one of the areas of communicative sciences
or disorders from a program accredited by the American Speech-Language-Hearing
Association in an accredited or approved college or university. The board
believes the rule carries out the spirit and intent of the provision. No change
was made as a result of the comment.
Comment: Three commenters expressed concern about §741.102(4), regarding
the requirement that a hearing instrument consumer shall have a trial period
of 30 consecutive days. The commenters recommended the deletion of the word
"consecutive" and stated that many times the hearing instrument must be out
of the consumer's hands for repair or maintenance. In this case, the trial
period must be restarted and this situation may occur more than once. Additionally,
one commenter pointed out that federal law does not require a 30-day trial
period.
Response: The board disagrees with the commenters and no change was made
as a result of the comments. The Audiology Scope of Practice Committee and
the board engaged in significant debate regarding this recommendation. While
the board understands the concerns of the commenters, it is not aware of actual
situations in which the rule has caused a hardship for license holders. The
rule is intended to ensure consumer satisfaction and protection. The board
will continue discussion of this issue upon receipt and analysis of consumer
complaints on this topic. Additionally, the 30-day trial period is mandated
by state law relating to the regulation of audiologists in Texas Occupations
Code, §401.403(b)(5).
Comment: Two commenters expressed concern regarding §741.102(5) and
both encouraged addressing the issue as broadly as possible.
Response: The board agrees. The following change was made as a result of
the comment. Section 741.102(5) is modified to read "When amplification is
fit, the audiologist shall verify appropriate fit of the amplification, which
may include real ear measures, functional gain measures, or other professionally
accepted measures."
Based on staff and board member review and comments, the board is making
the following changes to strengthen the intent and accuracy of the sections.
Change: A semicolon was added at the end of §741.12(a)(4) for proper
punctuation.
Change: The language of §741.62(h)(3) is modified to improve draftsmanship
of the paragraph which now reads "the internship will be successfully completed
after no more than two attempts."
Change: The requirements in §741.62(k) and §741.82(j) that documentation
of the intern's evaluation shall be submitted with the completed intern plan
is modified to require that the documentation shall be "submitted to the board
upon request."
Change: The hours per week were changed from "15 hours" to "14 hours" in §741.62(h)(4)(A)
and §741.82(h)(4)(A) to correct a minor numerical error in the proposal.
Change: Concerning §741.64(e)(1)(B)(ii), the phrase "licensed speech-language
pathologist trainer" was modified to "licensed speech-language pathologist
who will provide the training."
Change: Concerning §741.64(g)(7) and §741.84(h)(7), the paragraphs
were modified to require that the license holder who supervises an assistant
shall maintain supervisory records for a period of three years.
Change: The word "stipulations" was changed from upper case to lower case
in §741.64(i).
Change: Concerning §741.64(j)(2) and (3), the paragraphs were modified
to correct punctuation errors and improve grammar.
Change: Punctuation errors were corrected in §741.64(k)(1).
Change: Concerning §741.64(m) and §741.84(l), the rules were
modified to delete the phrase "shall audit 10% of licensed assistants each
month" and replace it with "may audit a random sampling of licensed assistants."
Change: Concerning §741.103(1), the rule was modified to add new language
to read "The chart is excerpted from the standard for illustrative purposes
and is based on a 125 to 8,000 Hz test frequency range." The Figure in §741.103(1)
is modified to correct column titles and to correct minor errors and omissions
in the chart values.
Change: Concerning §741.141(b) and (c), the words "approval designee"
were deleted from each subsection of the rule.
Change: Concerning §741.164(a), the sentence "The postmark date is
the date of mailing." was deleted because the sentence was unnecessary.
Change: Concerning §741.161(g)(4), formatting changes were prepared
for formatting for proper paragraph and subsection referencing.
Change: Concerning §741.181(c) and (d), the fee amounts of "$50.00"
was corrected to "$50" to be consistent with the format of the fee amounts
throughout the rules.
In addition to staff and board member comments, six comment letters were
received. Two commenters were individuals. The commenter were generally in
favor of the rules, but expressed concerns, asked questions, and made recommendations
regarding several rules.
Other commenters were Texas Speech-Language-Hearing Association, Texas
Academy of Audiology, American Academy of Audiology, and Texas Council of
Administrators of Special Education. The commenters were generally in favor
of the rules, but expressed concerns, asked questions, and made recommendations.
Some commenters did express opposition to specific provisions, as described
in this preamble.
Subchapter A. DEFINITIONS
22 TAC §741.1
The repeal is adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 2, 2006.
TRD-200601352
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.1
The new section is adopted under Texas Occupations Code, §401.202
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.1.Definitions.
Unless the context clearly indicates otherwise, the words and terms
below shall have the following meanings. Refer to Texas Occupations Code, §401.001,
for definitions of additional words and terms.
(1)
Act--Texas Occupations Code, Chapter 401, relating to speech-language
pathologists and audiologists.
(2)
Assistant in Speech-Language Pathology--An individual who
provides speech language pathology support services to clinical programs under
supervision of a licensed speech-language pathologist.
(3)
Assistant in Audiology--An individual who provides audiological
support to clinical programs under supervision of a licensed audiologist.
(4)
Delegation--The supervisor of an assistant may delegate
certain services to the assistant; however, the supervisor is ultimately responsible
for all services provided.
(5)
Dispense--To directly or indirectly provide or deliver
a product by U.S. Postal Service or any commercial delivery service to a consumer.
(6)
Ear specialist--A licensed physician who specializes in
diseases of the ear and is medically trained to identify the symptoms of deafness
in the context of the total health of the client, and is qualified by special
training to diagnose and treat hearing loss. Such physicians are also known
as otolaryngologists, otologists, neurotologists, otorhinolaryngologists,
and ear, nose, and throat specialists.
(7)
Extended absence--More than two consecutive working days
for any single continuing education experience.
(8)
Extended recheck--Starting at 40 dB and going down by 10
dB until no response is obtained or until 20 dB is reached and then up by
5 dB until a response is obtained. The frequencies to be evaluated are 1,000,
2,000, and 4,000 hertz (Hz).
(9)
Fit--Initial selection, adjustment, programming, or modification
of a personal amplification device or system.
(10)
Health care professional--An individual required to be
licensed under Texas Occupations Code, Chapter 401, or any person licensed,
certified, or registered by the state in a health-related profession.
(11)
Hearing instrument--A device designed for, offered for
the purpose of, or represented as aiding persons with or compensating for,
impaired hearing.
(12)
Hearing screening--A test administered with pass/fail
results for the purpose of rapidly identifying those persons with possible
hearing impairment which has the potential of interfering with communication.
(13)
Sale or purchase--Includes the sale, lease or rental of
a hearing instrument to a member of the consuming public who is a user or
prospective user of a hearing instrument.
(14)
Under the direction of--The licensed speech-language pathologist
or audiologist directly oversees the services provided and accepts professional
responsibility for the actions of the personnel he or she agrees to direct.
(15)
Used hearing instrument--A hearing instrument that has
been worn for any period of time by a user. However, a hearing instrument
shall not be considered "used" merely because it has been worn by a prospective
user as a part of a bona fide hearing instrument evaluation conducted to determine
whether to select that particular hearing instrument for that prospective
user, if such evaluation has been conducted in the presence of the dispenser
or a hearing instrument health professional selected by the dispenser to assist
the buyer in making such a determination.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601353
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.11 - 741.15
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601354
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.11 - 741.15
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.12.Committees.
(a)
The presiding officer may appoint board members to committees
to assist the board in its work. All committees shall consist of no more than
four members and shall make regular reports to the board by interim written
reports or at regular meetings. Standing committees may include:
(1)
complaints;
(2)
rules;
(3)
speech-language pathology scope of practice;
(4)
audiology scope of practice;
(5)
complaints; and
(6)
legislative review.
(b)
Board members may also be appointed to individually assist
the board office with specific issues. The board member shall report any decisions
made to the full board at the next scheduled meeting for ratification. Items
that may be discussed include:
(1)
fees/budget;
(2)
applications/renewals;
(3)
continuing education;
(4)
exemptions to the Act;
(5)
supervision of interns and assistants;
(6)
public relations;
(7)
health professions council; and
(8)
fitting and dispensing of hearing instruments.
(c)
Members appointed to the complaints committee shall consist
of one audiologist, one speech-language pathologist, and one public member.
The committee chair may call a meeting whenever necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601355
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.31 - 741.33
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601356
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.31 - 741.33
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601357
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.41
The repeal is adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601358
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.41 - 741.45
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.41.Professional Responsibilities of License Holders.
(a)
A licensee shall:
(1)
engage in only those aspects of the profession that are
within the scope of the licensee's competence considering level of education,
training, and experience;
(2)
insure a safe therapy environment;
(3)
provide services as specified in the treatment plan, Individual
Education Plan (IEP), or Individualized Family Service Plans (IFSP);
(4)
seek appropriate medical consultation whenever indicated;
(5)
seek to identify competent, dependable referral sources
for clients;
(6)
maintain objectivity in all matters concerning the welfare
of the client;
(7)
ensure that all equipment used is in proper working order
and is properly calibrated;
(8)
terminate a professional relationship when it is reasonably
clear that the client is not benefiting from the services being provided;
and
(9)
provide accurate information to clients and the public
about the nature and management of communicative disorders and about the profession
and the services rendered.
(b)
A licensee shall not:
(1)
engage in the medical treatment of speech-language and
hearing disorders;
(2)
jeopardize a client's safety by any inattentive behavior;
(3)
guarantee, directly or by implication, the results of any
therapeutic procedures except as follows:
(A)
a reasonable statement of prognosis may be made; and
(B)
caution must be exercised not to mislead clients to expect
results that cannot be predicted from reliable evidence;
(4)
delegate any service requiring professional competence
of a licensee or registrant to anyone not licensed or registered for the performance
of that service;
(5)
provide services if the services cannot be provided with
reasonable skill or safety to the client;
(6)
provide any services which create an unreasonable risk
that the client may be mentally or physically harmed;
(7)
engage in sexual contact, including intercourse, kissing,
or fondling, with a client or an assistant, intern, or student supervised
by the licensee;
(8)
use alcohol or drugs when the use adversely affects or
could adversely affect the licensee's provision of professional services;
(9)
evaluate or treat speech, language, or hearing disorders
solely by written, telephone, or electronic/video correspondence or communication;
(10)
reveal, without authorization, any professional or personal
information about the person served professionally, unless required by law
to do so, or unless doing so is necessary to protect the welfare of the person
or of the community;
(11)
participate in activities that constitute a conflict of
professional interest which may include the following:
(A)
exclusive recommendation of a product that the licensee
owns or has produced;
(B)
lack of accuracy in the performance description of a product
a licensee or registrant has developed; or
(C)
restriction of freedom of choice for sources of services
or products;
(12)
use his or her professional relationship with a client,
intern, assistant, or student to promote for personal gain or profit any item,
procedure, or service unless the licensee or registrant has disclosed to the
client, intern, assistant, or student the nature of the licensee's or registrant's
personal gain or profit;
(13)
misrepresent his or her training or competence; or
(14)
falsify records.
(c)
A licensee shall fully inform clients of the:
(1)
results of an evaluation within 60 days, upon request;
(2)
nature and possible effects of the services rendered; and
(3)
nature, possible effects, and consequences of activities
if the client is participating in research or teaching activities.
(d)
A licensee shall inform the board of violations of this
code of ethics or of any other provision of this chapter.
(e)
A licensee shall comply with any order relating to the
licensee which is issued by the board.
(f)
A licensee shall not aid or abet the practice of an unlicensed
person when that person is required to have a license under the Act.
(g)
A licensee shall report in accordance with the Family Code, §261.101(b),
if there is cause to believe that a child's physical or mental health or welfare
has been or may be adversely affected by abuse or neglect by any person.
(h)
A licensee shall not interfere with a board investigation
or disciplinary proceeding by willful misrepresentation or omission of facts
to the board or the board's designee or by the use of threats or harassment
against any person.
(i)
A licensee shall cooperate with the board by promptly furnishing
required documents and by promptly responding to a request for information
from or a subpoena issued by the board or the board's designee.
(j)
A licensee shall not intentionally or knowingly offer to
pay or agree to accept any remuneration directly or indirectly, overtly or
covertly, in cash or in kind, to or from any person, firm, association of
persons, partnership, or corporation for securing or soliciting clients or
patronage for or from any health care professional. The provisions of the
Health and Safety Code, §161.091, concerning the prohibition of illegal
remuneration apply to licensees.
(k)
A licensee who provides direct client care shall comply
with the Health and Safety Code, Chapter 85, Subchapter I, concerning the
prevention of the transmission of HIV or Hepatitis B virus by infected health
care workers.
(l)
A licensee shall be subject to disciplinary action by the
board if the licensee or registrant is issued a written reprimand, is assessed
a civil penalty by a court, or has an administrative penalty imposed by the
attorney general's office under the Texas Code of Criminal Procedure, Article
56.31, relating to the Crime Victims Compensation Act.
§741.42.Advertising.
A licensee shall not present false, misleading, deceptive, or not readily
verifiable information relating to the services of the licensee or any person
supervised or employed by the licensee which includes, but is not limited
to:
(1)
advertising audiological services when an audiologist is
not readily available to assist clients;
(2)
using professional or commercial affiliations in any way
that would mislead clients or the public;
(3)
presenting false, misleading, or deceptive information
in connection with an application by the licensee for a license issued under
the Act, or for employment to provide speech-language pathology or audiology
services;
(4)
presenting false, misleading, or deceptive information
relating to the following:
(A)
any advertisement, announcement, or presentation;
(B)
any announcement of services;
(C)
letterhead or business cards;
(D)
commercial products;
(E)
billing statements or charges for services;
(F)
facsimile broadcast; or
(G)
website;
(5)
presenting false, misleading, or deceptive advertising
that is not readily subject to verification including any manner of communication
referenced in paragraph (4) of this section and advertising that:
(A)
makes a material misrepresentation of fact or omits a fact
necessary to make the statement as a whole not materially misleading;
(B)
makes a representation likely to create an unjustified
expectation about the results of a health care service or procedure;
(C)
compares a health care professional's services with another
health care professional's services unless the comparison can be factually
substantiated;
(D)
causes confusion or misunderstanding as to the credentials,
education, or licensure of a health care professional;
(E)
advertises or represents that health care insurance deductibles
or co-payments may be waived or are not applicable to health care services
to be provided if the deductibles or co-payments are required;
(F)
advertises or represents that the benefits of a health
benefit plan will be accepted as full payment when deductibles or co-payments
are required;
(G)
makes a representation that is designed to take advantage
of the fears or emotions of a particularly susceptible type of client; and
(H)
advertises or uses a professional name, a title, or professional
identification that is expressly or commonly reserved for or used by another
profession or professional.
§741.44.Requirements, Duties, and Responsibilities of Supervisors.
(a)
A licensee must have three years of professional experience
in providing direct client services in the area of licensure in order to supervise
an intern or assistant. The licensee's practice when completing the 36-week
full time internship may be counted toward the three years of experience.
If the supervisor does not have the required experience, he or she may submit
a written request outlining his or her qualifications and the reason for the
request. The board's designee shall evaluate the request and approve or disapprove
it within 15 working days of receipt by the board.
(b)
A supervisor of an intern or assistant shall:
(1)
ensure that all services provided are in compliance with
this chapter and the Act, such as verifying:
(A)
the intern or assistant holds a license;
(B)
the supervisor has been approved by the board office;
(C)
the scope of practice is appropriate; and
(D)
the intern or assistant is qualified to perform the procedure;
(2)
be responsible for all client services performed by the
intern or assistant;
(3)
provide appropriate supervision after the board office
approves the supervisory arrangement; and
(4)
supervise no more than a total of four interns and/or assistants.
An exception may be made allowing supervision of more than four individuals
if the supervisor submits documentation demonstrating their ability to manage
the entire caseload. The board's designee will determine if an exception is
granted.
(c)
In addition to the provisions listed in subsection (b)
of this section, a supervisor of an assistant shall:
(1)
be responsible for evaluations, interpretation, and case
management; and
(2)
not designate anyone other than a licensed speech-language
pathologist or intern in speech-language pathology to represent speech-language
pathology to an Admission, Review, and Dismissal (ARD) meetings, except as
provided by §741.64 of this title (relating to Requirements for an Assistant
in Speech-Language Pathology License).
(d)
A licensed intern or assistant shall abide by the decisions
made by the supervisor relating to the intern's or assistant's scope of practice.
In the event the supervisor requests that the intern or assistant violate
this chapter, the Act, or any other law, the intern or assistant shall refuse
to do so and immediately notify the board office and any other appropriate
authority.
(e)
A supervising speech-language pathologist must attend an
ARD meeting if the purpose of the meeting is to develop a student's initial
individual educational plan or if the meeting is to consider the student's
dismissal, unless the supervising speech-language pathologist has submitted
their recommendation in writing on or before the date of the meeting.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601359
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.61 - 741.66
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601360
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.61 - 741.65
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.62.Requirements for an Intern in Speech-Language Pathology License.
(a)
An applicant for the intern in speech-language pathology
license shall meet the requirements set out in the Act and §741.61(a)
- (c) of this title (relating to Requirements for a Speech-Language Pathology
License) within 10 years of the date of application for the intern license.
(b)
In the event the course work and clinical experience set
out in subsection (a) of this section were earned more than 10 years before
the date of application for the intern license, the applicant shall submit
proof of current knowledge of the practice of speech-language pathology. Within
15 working days of receipt of the request, the board's designee shall evaluate
the documentation and shall approve the application, request additional documentation,
or require that additional coursework or continuing professional education
be earned. If necessary, the applicant may reapply for the license when the
requirements of this section are met.
(c)
An original or certified copy of the transcript is required
and shall be evaluated under §741.61(b) of this title.
(d)
Masters students. An applicant who successfully completed
all academic and clinical requirements of §741.61(a) - (c) of this title
but who has not had the degree officially conferred may be licensed as an
intern in order to begin the supervised professional experience but shall
submit verification from the program director or designee verifying the applicant
has met all academic course work, clinical experience requirements, and completed
a thesis or passed a comprehensive examination, if required, and is awaiting
the date of next graduation for the degree to be conferred. This letter is
in addition to transcripts required in subsection (c) of this section.
(e)
Doctoral students. An applicant who has successfully completed
all academic and clinical requirements of §741.61(a) - (c) of this title
but who has not had the degree officially conferred may be licensed as an
intern in order to begin the supervised professional experience. The applicant
shall submit an original or certified copy of a letter from the program director
or designee verifying the applicant is enrolled in a professionally recognized
accredited doctoral program as approved by the board and has met all academic
course work, clinical experience requirements, and completed a thesis or passed
a comprehensive examination, if required, but has not had the degree officially
conferred. This letter is in addition to transcripts required in subsection
(c) of this section.
(f)
An applicant whose master's degree is received at a college
or university accredited by the American Speech-Language-Hearing Association
Council on Academic Accreditation will receive automatic approval of the course
work and clinical experience if the program director or designee verifies
that all requirements as outlined in §741.61(a) - (c) of this title have
been met and review of the transcript shows that the applicant has successfully
completed at least 24 semester credit hours acceptable toward a graduate degree
in the area of speech-language pathology with six hours in audiology.
(g)
An intern plan and agreement of supervision form shall
be completed and signed by both the applicant and the licensed speech-language
pathologist who agrees to assume responsibility for all services provided
by the intern. The supervisor shall hold a valid Texas license in speech-language
pathology and possess at least a master's degree with a major in one of the
areas of communicative sciences and disorders. The supervisor shall have practiced
for at least three years and shall submit a signed statement verifying that
the supervisor has met this requirement. The licensee's practice when completing
the 36-week full time internship may be counted toward the three years of
experience. If the supervisor does not have the required experience the supervisor
shall submit a written request outlining the supervisor's qualifications and
justifications for the request for an exception. The board's designee shall
evaluate the request and approve or disapprove it within 15 working days of
receipt by the board.
(1)
Approval from the board office shall be required prior
to practice by the intern. The intern plan and agreement of supervision form
shall be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
the addition of other supervisors.
(2)
In the event more than one licensed speech-language pathologist
agrees to supervise the intern, the primary and secondary supervisors shall
be identified and the supervisory form must be signed by each supervisor.
(3)
In the event the supervisor ceases supervision of the intern,
the intern shall stop practicing immediately. The board shall hold the supervisor
responsible for the practice of the intern until the supervisor notifies the
board, in writing, of the change in supervision.
(4)
Should the intern practice without approval from the board
office, disciplinary action may be initiated against the intern. If the supervisor
had knowledge of this violation, disciplinary action against the supervisor
may also be initiated.
(h)
The internship shall:
(1)
begin within four years after the academic and clinical
experience requirements as required by subsection (a) of this section have
been met;
(2)
be completed within a maximum period of 36 months once
initiated;
(3)
be successfully completed after no more than two attempts;
(4)
consist of a minimum of 36 weeks of full-time, or its part-time
equivalent, of supervised professional experience in which clinical work has
been accomplished in speech-language pathology. Full-time employment is defined
as a minimum of 30 hours per week in direct client clinical work. Part-time
equivalent is defined as follows:
(A)
0 - 14 hours per week--no credit will be given;
(B)
15 - 19 hours per week for over 72 weeks;
(C)
20 - 24 hours per week for over 60 weeks; or
(D)
25 - 29 hours per week for over 48 weeks;
(5)
involve primarily clinical activities such as assessment,
diagnosis, evaluation, screening, treatment, report writing, family/client
consultation, and/or counseling related to the management process of individuals
who exhibit communication disabilities;
(6)
be divided into three segments with no fewer than 36 clock
hours of supervisory activities to include:
(A)
six hours of face-to-face observations per segment by the
board approved supervisor(s) of the intern's direct client contact at the
worksite in which the intern provides screening, evaluation, assessment, habilitation,
and rehabilitation; and
(B)
six hours of other monitoring activities per segment with
the board approved supervisor(s) which may include correspondence, review
of videotapes, evaluation of written reports, phone conferences with the intern,
evaluations by professional colleagues; or
(C)
an alternative plan as approved by the Board's designee.
(i)
An applicant who does not meet the time frames defined
in subsection (h)(1) and (2) of this section shall request an extension, in
writing, explaining the reason for the request. The request must be signed
by both the intern and the supervisor. Evaluation of the intern's progress
of performance from all supervisors must accompany the request. Intern plans
and supervisory evaluations for any completed segments must be submitted.
Within 15 working days of receipt of the request, the board's designee shall
determine if the internship:
(1)
should be revised or extended; and
(2)
whether additional course work, continuing professional
education hours, or passing the examination referenced in §741.121 of
this title (relating to Examination Administration) is required.
(j)
An intern who is employed full-time as defined by subsection
(h)(3) of this section and wishes to practice at an additional site, shall
submit the intern plan and agreement of supervision form for that site. At
the additional site, the intern shall receive the minimum of one hour of face-to-face
supervision and one hour of indirect supervision per month.
(k)
During each segment of the internship, the primary supervisor
shall conduct a formal evaluation of the intern's progress in the development
of professional skills. Documentation of this evaluation shall be maintained
by both parties for three years or until the speech-language pathology license
is granted. A copy of this documentation shall be submitted to the board upon
request.
(l)
Prior to implementing changes in the internship, approval
from the board office is required.
(1)
If the intern changes his or her supervisor or adds additional
supervisors, a current intern plan and agreement of supervision form shall
be submitted by the new supervisor and approved by the board before the intern
may resume practice. A report of completed internship form shall be completed
by the past supervisor and intern and submitted to the board office upon completion
of that portion of the internship. It is the decision of the supervisor to
determine whether the internship is acceptable. The board office shall evaluate
the form and inform the intern of the results.
(2)
A primary supervisor who ceases supervising an intern shall
submit a report of completed internship form for the portion of the internship
completed under the supervisor's supervision. This must be submitted within
30 days of the date the supervision ended.
(3)
Secondary supervisor(s) who cease supervising an intern
shall submit written documentation of the intern's performance under his or
her supervision. This must be submitted within 30 days of the date the supervision
ended.
(4)
If the intern changes his or her employer but the supervisor
and the number of hours employed per week remain the same, the supervisor
shall submit a signed statement giving the name, address and phone number
of the new location. This must be submitted within 30 days of the date the
change occurred.
(5)
If the number of hours worked per week changes but the
supervisor and the location remain the same, the supervisor shall submit a
signed statement giving the date the change occurred and the number of hours
per week the intern is now working. A report of completed internship form
shall be submitted for the past experience, clearly indicating the number
of hours worked per week. This must be submitted within 30 days of the date
the change occurred.
(m)
In any professional context the licensee must indicate
the licensee's status as a speech-language pathology intern.
(n)
If the intern wishes to continue to practice, within 30
days of completion of the 36 weeks of full-time, or its part-time equivalent,
of supervised professional experience as defined in subsection (h) of this
section, the intern shall apply for either:
(1)
a speech-language pathology license under §741.61
of this title if the intern passed the examination referenced in §741.121
of this title; or
(2)
a temporary certificate of registration under §741.66
of this title (relating to Requirements for a Temporary Certificate of Registration
in Speech-Language Pathology) if the intern has not passed the examination
referenced in §741.121 of this title.
(o)
The intern may continue to practice under supervision if
he or she holds a valid intern license while awaiting the processing of the
speech-language pathology license or the temporary certificate of registration
in speech-language pathology as follows:
(1)
The current supervisor shall agree to supervise the intern
from the "Ending Date of Internship" as shown on the report of completed internship
form until the intern receives either the speech-language pathology license
or the temporary certificate of registration.
(2)
If the intern changes supervisors, the new supervisor shall
first submit the intern plan and agreement of supervision form and receive
board approval before the intern may resume practice.
(3)
Supervision required while awaiting approval of either
the speech-language pathology license or the temporary certificate of registration
shall be consistent with supervision requirements established in subsection
(h) of this section.
§741.64.Requirements for an Assistant in Speech-Language Pathology License.
(a)
An applicant for an assistant in speech-language pathology
license shall meet the requirements set out in the Act, and this section within
10 years of the date of application for the assistant license. The applicant
for the assistant license must:
(1)
possess a baccalaureate degree with an emphasis in communicative
sciences and disorders;
(2)
have acquired no fewer than 24 semester hours in speech-language
pathology and/or audiology, at least 18 of which must be in speech-language
pathology core curriculum as follows:
(A)
at least three semester hours in language disorders;
(B)
at least three semester hours in speech disorders; and
(C)
excludes clinical experience and course work such as special
education, deaf education, or sign language; and
(3)
have earned no fewer than 25 hours of clinical observation
in the area of speech-language pathology and 25 hours of clinical assisting
experience in the area of speech-language pathology obtained within an educational
institution or in one of its cooperating programs or under the direct supervision
at their place of employment.
(b)
The baccalaureate degree shall be completed at a college
or university which has a program accredited by the American Speech-Language-Hearing
Association Council on Academic Accreditation or holds accreditation or candidacy
status from a recognized regional accrediting agency.
(1)
Original or certified copy of transcripts shall be submitted
and reviewed as follows:
(A)
only course work completed within the past 10 years with
a grade of "C" or above is acceptable;
(B)
a quarter hour of academic credit shall be considered as
two-thirds of a semester credit hour; and
(C)
academic courses, the titles of which are not self-explanatory,
shall be substantiated through course descriptions in official school catalogs
or bulletins or by other official means.
(2)
In the event the course work and clinical experience set
out in subsection (a) of this section were earned more than 10 years before
the date of application for the assistant license, the applicant shall submit
proof of current knowledge of the practice of speech-language pathology to
be evaluated by the board's designee. Within 15 working days of receipt, the
board's designee shall evaluate the documentation and shall either approve
the application, request additional documentation, or require that additional
coursework or continuing professional education be earned. If necessary, the
applicant may reapply for the license when the requirements of this section
are met.
(c)
An applicant who possesses a baccalaureate degree with
a major that is not in communicative sciences and disorders may qualify for
the assistant license. The board's designee shall evaluate transcripts on
a case-by-case basis to ensure equivalent academic preparation and shall determine
if the applicant satisfactorily completed 24 semester credit hours in communicative
sciences or disorders which may include some leveling hours. Within 15 working
days of receipt, the board's designee shall approve the application, request
additional documentation, or require that additional coursework or continuing
professional education be earned. If necessary, the applicant may reapply
for the license when the requirements of this section are met.
(d)
Degrees and/or course work received at foreign universities
shall be acceptable only if such course work and clinical practicum hours
may be verified as meeting the requirements of subsection (a) of this section.
The applicant must bear all expenses incurred during the procedure. The board's
designee shall evaluate the documentation within 15 working days of receipt
of all documentation, which shall include an original transcript and an original
report from a credential evaluation services agency acceptable to the board.
(e)
An applicant who has not acquired the hours referenced
in subsection (b)(3) of this section shall not meet the minimum qualifications
for the assistant license. Other than acquiring the 25 hours of clinical observation
and the 25 hours of clinical assisting experience through an accredited college
or university, there are no other exemptions in the Act, for an applicant
to acquire the hours. The applicant shall first obtain the assistant license
by submitting the forms, fees, and documentation referenced in §741.112(e)
of this title (relating to Required Application Materials) and include a clinical
deficiency plan to acquire the clinical observation and clinical assisting
experience hours lacking.
(1)
The licensed speech-language pathologist who will provide
the assistant with the training to acquire these hours shall submit:
(A)
the supervisory responsibility statement form; and
(B)
a clinical deficiency plan that shall include the following:
(i)
name and signature of the assistant;
(ii)
name, qualifications, and signature of the licensed speech-language
pathologist who will provide the training;
(iii)
number of hours of observation and/or assisting experience
lacking;
(iv)
statement that the training shall be conducted under 100%
direct, face-to-face supervision of the assistant; and
(v)
list of training, consistent with subsection (h) of this
section, that shall be completed.
(2)
The board office shall evaluate the documentation and fees
submitted to determine if the assistant license shall be issued. Additional
information or revisions may be required before approval is granted.
(3)
The clinical deficiency plan shall be completed within
60 days of the issue date of the license or the assistant shall be considered
to have voluntarily surrendered the license.
(4)
Immediately upon completion of the clinical deficiency
plan, the trainer identified in the plan shall submit:
(A)
a supervision log that verifies the specific times and
dates in which the hours were acquired with a brief description of the training
conducted during each session;
(B)
a rating scale of the assistant's performance; and
(C)
a signed statement that the assistant successfully completed
the clinical observation and clinical assisting experience under his or her
100% direct, face-to-face supervision of the assistant. This statement shall
specify the number of hours completed and verify completion of the training
identified in the clinical deficiency plan.
(5)
Board staff shall evaluate the documentation required in
paragraph (4) of this subsection and inform the assistant and trainer if acceptable.
(6)
An assistant may continue to practice under supervision
of the trainer while the board office evaluates the documentation identified
in paragraph (4) of this subsection.
(7)
In the event, another licensed speech-language pathologist
shall supervise the assistant after completion of the clinical deficiency
plan, a supervisory responsibility statement form shall be submitted to the
board office seeking approval for the change in supervision. If the documentation
required by paragraph (4) of this subsection has not been received and approved
by the board office, approval for the change in supervision shall not be granted.
(f)
A supervisory responsibility statement form shall be completed
and signed by both the applicant and the licensed speech-language pathologist
who agrees to assume responsibility for all services provided by the assistant.
The supervisor shall have practiced for at least three years and shall submit
a signed statement verifying he or she has met this requirement. If the supervisor
does not have the required experience, the supervisor shall submit a written
request outlining the supervisor's qualifications and a justification for
the request for an exception. The board's designee shall evaluate the request
and approve or disapprove it within 15 working days of receipt by the board.
(1)
Approval from the board office shall be required prior
to practice by the assistant. The supervisor responsibility statement shall
be submitted upon:
(A)
application for a license;
(B)
license renewal when there is a change in supervisor;
(C)
other changes in supervision; and
(D)
the addition of other supervisors.
(2)
In the event more than one licensed speech-language pathologist
agrees to supervise the assistant, the primary and secondary supervisor shall
be identified on the supervisor responsibility statement.
(3)
An assistant may renew the license if there is a change
in supervision, but may not practice until a new supervisory responsibility
statement form is approved.
(4)
In the event the supervisor ceases supervision of the assistant,
the supervisor shall notify the board, in writing, and shall inform the assistant
to stop practicing immediately. The board shall hold the supervisor responsible
for the practice of the assistant until written notification has been received
in the board office.
(5)
Should the assistant practice without approval from the
board office, disciplinary action may be initiated against the assistant.
If the supervisor had knowledge of this violation, disciplinary action against
the supervisor may also be initiated.
(g)
A licensed speech-language pathologist shall assign duties
and provide appropriate supervision to the assistant.
(1)
Initial diagnostic contacts shall be conducted by the supervising
speech-language pathologist.
(2)
Following the initial diagnostic contact, the supervising
speech-language pathologist shall determine whether the assistant has the
competence to perform specific duties before delegating tasks.
(3)
Indirect methods of supervision may include audio and/or
video tape recording, report review, telephone or electronic communication,
or other means of reporting.
(4)
The supervising speech-language pathologist shall provide
a minimum of two hours per week of supervision, at least one hour of which
is face-to-face supervision, at the location where the assistant is employed.
This applies whether the assistant's practice is full or part-time.
(5)
An exception to paragraph (3) of this subsection may be
requested. The supervising speech-language pathologist shall submit a proposed
plan of supervision for review by the board's designee. Within 15 working
days of receipt of the request, the board's designee shall accept or reject
the plan. The plan shall be for not more than one year's duration and shall
include:
(A)
the name of the assistant;
(B)
the name and signature of the supervisor;
(C)
the proposed plan of supervision;
(D)
the exact time frame for the proposed plan;
(E)
the length of time the assistant has been practicing under
the requestor's supervision; and
(F)
the reason the request is necessary.
(6)
If the exception referenced in paragraph (5) of this subsection
is approved and the reason continues to exist, the licensed supervising speech-language
pathologist shall annually resubmit a request to be evaluated by the board's
designee. Within 15 working days of receipt of the request, the board's designee
shall approve or reject the plan.
(7)
Supervisory records shall be maintained for a period of
three years by the licensed speech-language pathologist that verify regularly
scheduled monitoring, assessment, and evaluation of the assistant's and client's
performance. Such documentation may be requested by the board.
(A)
An assistant may conduct assessments which includes data
collection, clinical observation and routine test administration if the assistant
has been appropriately trained and the assessments are conducted under the
direction of the supervisor. An assistant may not conduct a test if the test
developer has specified that a graduate degreed examiner should conduct the
test.
(B)
An assistant may not conduct an evaluation which includes
diagnostic testing and observation, test interpretation, diagnosis, decision
making, statement of severity or implication, case selection or case load
decisions.
(h)
Although the licensed supervising speech-language pathologist
may delegate specific clinical tasks to an assistant, the responsibility to
the client for all services provided cannot be delegated. The licensed speech-language
pathologist shall ensure that all services provided are in compliance with
this chapter.
(1)
The licensed supervising speech-language pathologist need
not be present when the assistant is completing the assigned tasks; however,
the licensed speech-language pathologist shall document all services provided
and the supervision of the assistant.
(2)
The licensed supervising speech-language pathologist shall
keep job descriptions and performance records. Records shall be current and
made available to the board within 30 days of the date of the board's request
for such records.
(3)
The assistant may execute specific components of the clinical
speech, language, and/or hearing program if the licensed speech-language pathologist
determines that the assistant has received the training and has the skill
to accomplish that task, and the licensed speech-language pathologist provides
sufficient supervision to ensure appropriate completion of the task assigned
to the assistant.
(4)
Examples of duties which an assistant may be assigned by
the speech-language pathologist who agreed to accept responsibility for the
services provided by the assistant, provided appropriate training has been
received, are to:
(A)
conduct or participate in speech, language, and/or hearing
screening;
(B)
implement the treatment program or the individual education
plan (IEP) designed by the licensed speech-language pathologist;
(C)
provide carry-over activities which are the therapeutically
designed transfer of a newly acquired communication ability to other contexts
and situations;
(D)
collect data;
(E)
administer routine tests as defined by the board if the
test developer does not specify a graduate degreed examiner and the supervisor
has determined the assistant is competent to perform the test;
(F)
maintain clinical records;
(G)
prepare clinical materials; and
(H)
participate with the licensed speech-language pathologist
in research projects, staff development, public relations programs, or similar
activities as designated and supervised by the licensed speech-language pathologist.
(i)
A licensed speech-language pathology assistant may represent
special education and speech pathology at Admission, Review and Dismissal
(ARD) meetings with the following stipulations.
(1)
The speech-language pathology assistant shall have written
documentation of approval from the licensed, board approved SLP supervisor.
(2)
The speech-language pathology assistant shall have three
years experience as a speech pathology assistant in the school setting.
(3)
The speech-language pathology assistant may attend, with
written approval of the supervising speech-language pathologist, a student's
annual review ARD meeting if the meeting involves a student for whom the assistant
provides services. If an assistant attends a meeting as provided by this rule,
the supervising speech-language pathologist is not required to attend the
meeting. A supervising speech-language pathologist must attend an ARD meeting
if the purpose of the meeting is to develop a student's initial individual
educational plan or if the meeting is to consider the student's dismissal,
unless the supervising speech-language pathologist has submitted their recommendation
in writing on or before the date of the meeting.
(4)
The speech-language pathology assistant shall present Individual
Educational Plan (IEP) goals and objectives that have been developed by the
supervising SLP and reviewed with the parent by the SLP.
(5)
The speech-language pathology assistant shall discontinue
participation in the ARD meeting, and contact the supervising SLP, when questions
or changes arise regarding the IEP Document.
(j)
The licensed, board approved supervisor of the assistant,
prior to the ARD, shall:
(1)
notify the parents of students with speech impairments
that services will be provided by an SLP assistant and that the SLP assistant
will represent Speech Pathology at the ARD;
(2)
develop the student's new IEP goals and objective and review
them with the SLP assistant; and
(3)
maintain undiminished responsibility for the services provided
and the actions of the assistant.
(k)
The assistant shall not:
(1)
conduct evaluations, even under supervision, since this
is a diagnostic and decision making activity;
(2)
interpret results of routine tests;
(3)
interpret observations or data into diagnostic statements,
clinical management strategies, or procedures;
(4)
represent speech-language pathology at staff meetings or
at an admission, review and dismissal (ARD), except as specified in this section;
(5)
attend staffing meeting or ARD without the supervisor being
present except as specified in this section;
(6)
design or alter a treatment program or individual education
plan (IEP);
(7)
determine case selection;
(8)
present written or oral reports of client information,
except as provided by this section;
(9)
refer a client to other professionals or other agencies;
(10)
use any title which connotes the competency of a licensed
speech-language pathologist;
(11)
practice as an assistant in speech-language pathology
without a valid supervisory responsibility statement on file in the board
office;
(12)
perform invasive procedures;
(13)
screen or diagnose clients for feeding and swallowing
disorders;
(14)
use a checklist or tabulated results of feeding or swallowing
evaluations;
(15)
demonstrate swallowing strategies or precautions to clients,
family, or staff;
(16)
provide client or family counseling; or
(17)
write or sign any formal document relating to the provision
of speech-language pathology services (e.g., treatment plans, diagnostic reports,
reimbursement forms).
(l)
In any professional context the licensee must indicate
the licensee status as a speech-language pathology assistant.
(m)
The board may audit a random sampling of licensed assistants
for compliance with this section and §741.44 of this title (relating
to Requirements, Duties, and Responsibilities of Supervisors).
(1)
The board shall notify an assistant and supervisor by mail
that he or she has been selected for an audit.
(2)
Upon receipt of an audit notification, the assistant and
the licensed speech-language pathologist who agreed to accept responsibility
for the services provided by the assistant shall mail the requested proof
of compliance to the board.
(3)
A licensee and supervisor shall comply with the board's
request for documentation and information concerning compliance with the audit.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601361
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.81 - 741.86
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601362
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.81 - 741.85
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.82.Requirements for an Intern in Audiology License.
(a)
An applicant for the intern in audiology license shall
meet the requirements set out in the Act and §741.81(a) - (c) of this
title (relating to Requirements for an Audiology License) within 10 years
of the date of application for the intern license.
(b)
In the event the course work and clinical experience set
out in subsection (a) of this section were earned more than 10 years before
the date of application for the intern license, the applicant shall submit
proof of current knowledge of the practice of audiology to be evaluated by
the board's designee. The applicant may reapply for the license when the requirements
of this section are met.
(c)
An original or certified copy of the transcript is required
and shall be evaluated under §741.81(b) of this title.
(d)
An applicant who has successfully completed all academic
and clinical requirements of §741.81(a) - (c) of this title but who has
not had the degree officially conferred may be licensed as an intern in order
to begin the supervised professional experience but shall submit an original
or certified copy of a letter from the program director or designee verifying
the applicant has met all academic course work, clinical experience requirements,
and completed a thesis or passed a comprehensive examination, if required,
and is awaiting the date of next graduation for the degree to be conferred.
This letter is in addition to transcripts required in subsection (c) of this
section.
(e)
An applicant who has successfully completed all academic
and clinical requirements of §741.81(a) - (c) of this title but who has
not had the degree officially conferred may be licensed as an intern in order
to begin the supervised professional experience. The applicant shall submit
an original or certified copy of a letter from the program director or designee
verifying the applicant is enrolled in a professionally recognized accredited
doctor of audiology (Au.D.) program as approved by the board and has met all
academic course work, clinical experience requirements, and completed a thesis
or passed a comprehensive examination, if required, but has not had the degree
officially conferred. This letter is in addition to transcripts required in
subsection (c) of this section.
(f)
An applicant whose master's degree is received at a college
or university accredited by the American Speech-Language-Hearing Association
Council on Academic Accreditation will receive automatic approval of the course
work and clinical experience if the program director or designee verifies
that all requirements as outlined in §741.81(a) - (c) of this title have
been met and review of the transcript shows that the applicant has successfully
completed at least 24 semester credit hours acceptable toward a graduate degree
in the area of audiology with six hours in speech-language pathology.
(g)
An intern plan and agreement of supervision form shall
be completed and signed by both the applicant and the licensed audiologist
who agrees to assume responsibility for all services provided by the intern.
The supervisor shall hold a valid Texas license in audiology and possess a
master's degree or higher with a major in one of the areas of communicative
sciences and disorders. The supervisor shall have practiced for at least three
years and shall submit a signed statement verifying he or she has met this
requirement. If the supervisor does not have the required experience he or
she shall submit a written request outlining his or her qualifications and
justification for the request for an exception. The Board's designee shall
evaluate the request and approve or disapprove it within 15 working days of
receipt by the Board.
(1)
Approval from the board office shall be required prior
to practice by the intern. The intern plan and agreement of supervision shall
be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
addition of other supervisors.
(2)
In the event more than one licensed audiologist agrees
to supervise the intern, the primary supervisor shall be identified and separate
forms submitted by each supervisor.
(3)
In the event the supervisor ceases supervision of the intern,
the intern shall stop practicing immediately.
(4)
Should the intern practice without approval from the board
office, disciplinary action shall be initiated against the intern. If the
supervisor had knowledge of this violation, disciplinary action against the
supervisor shall also be initiated.
(h)
The internship shall:
(1)
begin within four years after the academic and clinical
experience requirements as required by subsection (a) of this section have
been met;
(2)
be completed within a maximum period of 36 months once
initiated;
(3)
be successfully completed in no more than two attempts;
(4)
consist of 36 weeks of full-time, or its part-time equivalent,
of supervised professional experience in which bona fide clinical work has
been accomplished in audiology. Full-time employment is defined as a minimum
of 30 hours per week in direct client clinical work. Part-time equivalent
is defined as follows:
(A)
0 - 14 hours per week--no credit will be given;
(B)
15 - 19 hours per week for over 72 weeks;
(C)
20 - 24 hours per week for over 60 weeks; or
(D)
25 - 29 hours per week for over 48 weeks;
(5)
involve primarily clinical activities such as assessment,
diagnosis, evaluation, screening, treatment, report writing, family/client
consultation, and/or counseling related to the management process of individuals
who exhibit communication disabilities;
(6)
be divided into three segments with no fewer than 36 clock
hours of supervisory activities to include:
(A)
six hours of face-to-face observations per segment by the
board approved supervisor(s) of the intern's direct client contact at the
worksite in which the intern provides screening, evaluation, assessment, habilitation,
and rehabilitation; and
(B)
six hours of other monitoring activities per segment with
the board approved supervisor(s) which may include correspondence, review
of videotapes, evaluation of written reports, phone conferences with the intern,
evaluations by professional colleagues; or
(C)
an alternative plan as approved by the board's designee.
(i)
An applicant who does not meet the time frames defined
in subsection (h)(1) - (2) of this section shall request an extension, in
writing, explaining the reason for the request. Evaluation of the intern's
progress or performance from all supervisors must accompany the request. Intern
plans and supervisory evaluations for completed segments must be submitted.
The board's designee shall determine if the internship:
(1)
should be revised or extended; and
(2)
whether additional course work, continuing professional
education hours or passing the examination referenced in §741.121 of
this title (relating to Examination Administration) is required.
(j)
During each segment of the internship, the primary supervisor
shall conduct a formal evaluation of the intern's progress in the development
of professional skills. Documentation of this evaluation shall be maintained
by both parties for three years or until the audiology license is granted.
A copy of this documentation must be submitted to the board upon request.
(k)
Prior to implementing changes in the internship, approval
from the board office is required.
(1)
If the intern changes his or her supervisor or adds additional
supervisors, a current intern plan and agreement of supervision form shall
be submitted by the new supervisor and approved by the board before the intern
may resume practice. A report of completed internship form shall be completed
by the previous supervisor and the intern and submitted to the board office
upon completion of that portion of the internship. It is the decision of the
supervisor to determine whether the internship is acceptable. The board office
shall evaluate the form and inform the intern of the results.
(2)
A primary supervisor who ceases supervising an intern shall
submit a report of completed internship form for the portion of the internship
completed under his or her supervision. This must be submitted within 30 days
of the date the supervision ended.
(3)
A secondary supervisor who ceases supervising an intern
shall submit written documentation of the intern's performance under their
supervision. This must be submitted within 30 days of the date the supervision
ended.
(4)
If the intern changes his or her employer but the supervisor
and the number of hours employed per week remain the same, the supervisor
shall submit a signed statement giving the name, address and phone number
of the new location. This must be submitted within 30 days of the date the
change occurred.
(5)
If the number of hours worked per week changes but the
supervisor and the location remain the same, the supervisor shall submit a
signed statement giving the date the change occurred and the number of hours
per week the intern is now working. A report of completed internship form
shall be submitted for the past experience, clearly indicating the number
of hours worked per week. This must be submitted within 30 days of the date
the change occurred.
(6)
In any professional context the licensee must indicate
the licensee's status as an audiology intern.
(l)
If the intern wishes to continue to practice, within 30
days of completion of the 36 weeks of full-time, or its part-time equivalent,
supervised professional experience as defined in subsection (h) of this section,
the intern shall apply for either:
(1)
an audiology license under §741.81 of this title if
the intern passed the examination referenced in §741.121 of this title;
or
(2)
a temporary certificate of registration under §741.85
of this title (relating to Requirements for a Temporary Certificate of Registration
in Audiology) if the intern has not passed the examination referenced in §741.121
of this title.
(m)
The intern may continue to practice under supervision if
he or she holds a valid intern license while awaiting the processing of the
audiology license or the temporary certificate of registration in audiology
as follows:
(1)
The current supervisor(s) shall agree to supervise the
intern from the "Ending Date of Internship" as shown on the report of completed
internship form until the intern receives either the audiology license or
the temporary certificate of registration.
(2)
If the intern changes supervisors, the new supervisor shall
first submit the intern plan and agreement of supervision form and receive
board approval before the intern may resume practice.
§741.84.Requirements for an Assistant in Audiology License.
(a)
An applicant for an assistant in audiology license shall
meet the requirements set out in the Act and this section within 10 years
of the date of application for the assistant license.
(b)
An assistant is an individual who provides audiology support
services to clinical programs under supervision of a licensed audiologist
and meets the following requirements:
(1)
possesses a baccalaureate degree with an emphasis in communicative
sciences and disorders;
(2)
acquired no fewer than 24 semester hours in speech-language
pathology and/or audiology, at least 18 of which must be in audiology core
curriculum and excludes clinical experience and course work such as special
education, deaf education, or sign language; and
(3)
earned no fewer than 25 hours of clinical observation in
the area of audiology and 25 hours of clinical assisting experience in the
area of audiology obtained within an educational institution or in one of
its cooperating programs.
(c)
The baccalaureate degree shall be completed at a college
or university that has a program accredited by the American Speech-Language-Hearing
Association Council on Academic Accreditation or holds accreditation or candidacy
status from a recognized regional accrediting agency.
(1)
Original or certified copy of transcripts shall be submitted
and reviewed as follows:
(A)
only course work completed within the past 10 years with
a grade of "C" or above is acceptable;
(B)
a quarter hour of academic credit shall be considered as
two-thirds of a semester credit hour; and
(C)
academic courses, the titles of which are not self-explanatory,
shall be substantiated through course descriptions in official school catalogs
or bulletins or by other official means.
(2)
In the event the course work and clinical experience set
out in subsection (b) of this section were earned more than 10 years before
the date of application for the assistant license, the applicant shall submit
proof of current knowledge of the practice of audiology to be evaluated by
the board's designee. If an applicant is required to earn additional course
work or continuing professional education hours, §741.193 of this title
(relating to Revocation, Suspension, Emergency Suspension, or Denial) shall
not apply. The applicant may reapply for the license when the requirements
of this section are met.
(d)
An applicant who possesses a baccalaureate degree with
a major that is not in communicative sciences and disorders may qualify for
the assistant license. The board's designee shall evaluate transcripts on
a case-by-case basis to ensure equivalent academic preparation and shall determine
if the applicant satisfactorily completed 24 graduate hours in communicative
sciences or disorders which may include some leveling hours.
(e)
Degrees and/or course work received at foreign universities
shall be acceptable only if such course work and clinical practicum hours
may be verified as meeting the requirements of subsection (a) of this section.
The applicant must bear all expenses incurred during the procedure. The board's
designee shall evaluate the documentation within 15 working days of receipt
of all documentation which shall include an original transcript and an original
report from a credential evaluation services agency acceptable to the board.
(f)
An applicant who has not acquired the hours referenced
in subsection (b)(3) of this section shall not meet the minimum qualifications
for the assistant license. Other than acquiring the 25 hours of clinical observation
and the 25 hours of clinical assisting experience through an accredited college
or university, there are no other exemptions in the Act for an applicant to
acquire the hours. The applicant shall first obtain the assistant license
by submitting the forms, fees, and documentation referenced in §741.112(e)
of this title (relating to Required Application Materials) and include a clinical
deficiency plan to acquire the clinical observation and clinical assisting
experience hours lacking.
(1)
The licensed audiologist who will provide the assistant
with the training to acquire these hours shall submit:
(A)
the supervisory responsibility statement form; and
(B)
a clinical deficiency plan that shall include the following:
(i)
name and signature of the assistant;
(ii)
name, qualifications, and signature of the licensed audiologist
trainer;
(iii)
number of hours of observation and/or assisting experience
lacking;
(iv)
statement that the training shall be conducted under 100%
direct, face-to-face supervision of the assistant; and
(v)
list of training, consistent with subsection (h) of this
section, that shall be completed.
(2)
The board office shall evaluate the documentation and fees
submitted to determine if the assistant license shall be issued. Additional
information or revisions may be required before approval is granted.
(3)
The clinical deficiency plan shall be completed within
60 days of the issue date of the license or the assistant shall be considered
to have voluntarily surrendered the license.
(4)
Immediately upon completion of the clinical deficiency
plan, the trainer identified in the plan shall submit:
(A)
a supervision log that verifies the specific times and
dates in which the hours were acquired with a brief description of the training
conducted during each session;
(B)
a rating scale of the assistant's performance; and
(C)
a signed statement that the assistant successfully completed
the clinical observation and clinical assisting experience under his or her
100% direct, face-to-face supervision of the assistant. This statement shall
specify the number of hours completed and verify completions of the training
identified in the clinical deficiency plan.
(5)
In addition to paragraph (4) of this subsection, the assistant
shall submit an original signed statement listing the duties that an assistant
may and may not perform and acknowledge understanding that the supervisory
responsibility statement form shall be received and approved by board staff
in order for the assistant to practice.
(6)
Board staff shall evaluate the documentation in paragraphs
(4) and (5) of this subsection and inform the assistant and trainer if acceptable.
(7)
An assistant may continue to practice under supervision
of the trainer while the board office evaluates the documentation identified
in paragraphs (4) and (5) of this subsection.
(8)
In the event, another licensed audiologist shall supervise
the assistant after completion of the clinical deficiency plan, a supervisory
responsibility statement form shall be submitted to the board office seeking
approval for the change in supervision. If the documentation required by paragraphs
(4) and (5) of this subsection has not been received and approved by the board
office, approval for the change shall not be granted.
(g)
A supervisory responsibility statement shall be completed
and signed by both the applicant and the licensed audiologist who agrees to
assume responsibility for all services provided by the assistant. The supervisor
shall have practiced for at least three years and shall submit a signed statement
verifying he or she has met this requirement. If the supervisor does not have
the required experience he or she shall submit a written request outlining
his or her qualifications and justification for the request for an exception.
The board's designee shall evaluate the request and approve or disapprove
it within 15 working days of receipt by the board.
(1)
Approval from the board office shall be required prior
to practice by the assistant. The supervisory responsibility statement shall
be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
addition of other supervisors.
(2)
In the event more than one licensed audiologist agrees
to supervise the assistant, the primary supervisor shall be identified and
separate supervisor responsibility statements submitted by each supervisor.
(3)
An assistant may renew the license but may not practice
until a new supervisor responsibility statement is approved.
(4)
In the event the supervisor ceases supervision of the assistant,
the assistant shall stop practicing immediately.
(5)
Should the assistant practice without approval from the
board office, disciplinary action shall be initiated against the assistant.
If the supervisor had knowledge of this violation, disciplinary action against
the supervisor shall also be initiated.
(h)
A licensed audiologist shall assign duties and provide
appropriate supervision to the assistant.
(1)
Initial diagnostic contacts shall be conducted by the supervising
licensed audiologist.
(2)
Following the initial diagnostic contact, the supervising
audiologist shall determine whether the assistant has the competence to perform
specific duties before delegating tasks.
(3)
The supervising audiologist(s) shall provide the minimum
of two hours per week, at least one hour of which is face-to-face supervision,
at the location where the assistant is employed. This applies whether the
assistant's practice is full or part-time.
(4)
Indirect methods of supervision may include audio and/or
video tape recording, telephone communication, numerical data, or other means
of reporting.
(5)
An exception to paragraph (3) of this subsection may be
requested. The supervising audiologist shall submit a proposed plan of supervision
for review by the board's designee. The plan shall be for not more than one
year's duration and shall include:
(A)
the name of the assistant;
(B)
the name and signature of the supervisor;
(C)
the proposed plan of supervision;
(D)
the exact time frame for the proposed plan;
(E)
the length of time the assistant has been practicing under
the requestor's supervision; and
(F)
the reason the request is necessary.
(6)
If the exception referenced in paragraph (5) of this subsection
is approved and the reason continues to exist, the licensed supervising audiologist
shall annually resubmit a request to be evaluated by the board's designee.
(7)
Supervisory records shall be maintained by the licensed
audiologist for a period of three years which verify regularly scheduled monitoring,
assessment, and evaluation of the assistant's and client's performance. Such
documentation may be requested by the board.
(A)
An assistant may conduct assessments which includes data
collection, clinical observation and routine test administration if the assistant
has been appropriately trained and the assessments are conducted under the
direction of the supervisor.
(B)
An assistant may not conduct an evaluation which includes
diagnostic testing, test and observation interpretation, diagnosis, decision
making, statement of severity or implication, case selection or case load
decisions.
(i)
Although the licensed supervising audiologist may delegate
specific clinical tasks to an assistant, the responsibility to the client
for all services provided cannot be delegated. The licensed audiologist shall
ensure that all services provided are in compliance with this chapter.
(1)
The licensed audiologist need not be present when the assistant
is completing the assigned tasks; however, the licensed audiologist shall
document all services provided and the supervision of the assistant.
(2)
The licensed audiologist shall keep job descriptions and
performance records. Records shall be current and be made available to the
board within 30 days of the date of the board's request for such records.
(3)
The assistant may execute specific components of the clinical
speech, language, and/or hearing program if the licensed audiologist determines
that the assistant has received the training and has the skill to accomplish
that task, and the licensed audiologist provides sufficient supervision to
ensure appropriate completion of the task assigned to the assistant.
(4)
Examples of duties which an assistant may be assigned by
the audiologist who agreed to accept responsibility for the services provided
by the assistant, provided appropriate training has been received, are to:
(A)
conduct or participate in speech, language, and/or hearing
screening;
(B)
conduct aural habilitation or rehabilitation;
(C)
provide carry-over activities which are the therapeutically
designed transfer of a newly acquired communication ability to other contexts
and situations;
(D)
collect data;
(E)
administer routine tests as defined by the board;
(F)
maintain clinical records;
(G)
prepare clinical materials; and
(H)
participate with the licensed audiologist in research projects,
staff development, public relations programs, or similar activities as designated
and supervised by the licensed audiologist.
(5)
The assistant shall not:
(A)
conduct evaluations even under supervision since this is
a diagnostic and decision making activity;
(B)
interpret results of routine tests;
(C)
interpret observations or data into diagnostic statements,
clinical management strategies, or procedures;
(D)
represent audiology at staff meetings or on an admission,
review and dismissal (ARD);
(E)
attend staffing meeting or ARD without the supervisor being
present;
(F)
design a treatment program;
(G)
determine case selection;
(H)
present written or oral reports of client information;
(I)
refer a client to other professionals or other agencies;
(J)
use any title which connotes the competency of a licensed
audiologist; or
(K)
practice as an assistant in audiology without a valid supervisory
responsibility statement on file in the board office.
(j)
In any professional context the licensee must indicate
the licensee's status as an audiology assistant.
(k)
An assistant may not engage in the fitting, dispensing
or sale of a hearing instrument; however, an assistant who is licensed under
the Texas Occupations Code, Chapter 402 may engage in activities as allowed
by that law and is not considered to be functioning under his or her assistant
license when performing those activities.
(l)
The board may audit a random sampling of licensed assistants
for compliance with this section and §741.44 of this title (relating
to Requirements, Duties, and Responsibilities of Supervisors).
(1)
The board shall notify an assistant by mail that he or
she has been selected for an audit.
(2)
Upon receipt of an audit notification, the assistant and
the licensed audiologist who agreed to accept responsibility for the services
provided by the assistant shall mail the requested proof of compliance to
the board.
(3)
A licensee and supervisor shall comply with the board's
request for documentation and information concerning compliance with the audit.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601363
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.91
The repeal is adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601364
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.91
The new section is adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601365
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.101 - 741.103
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601366
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.101 - 741.103
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.102.General Practice Requirements of Audiologists and Interns in Audiology who Fit and Dispense Hearing Instruments.
In accordance with the Act, a licensed audiologist or licensed intern
in audiology registered to fit and dispense hearing instruments shall:
(1)
adhere to the federal Food and Drug Administration regulations
in accordance with 21 Code of Federal Regulations, §801.420 and §801.421;
(2)
insure that all equipment used by the licensee within his
or her scope of practice shall be calibrated to insure compliance with the
American National Standards Institute (ANSI), S3.6, 1989, Specification for
Audiometers, or S3.6, 1996, Specification for Audiometers.
(3)
receive a written statement before selling a hearing instrument
that is signed by a licensed physician preferably one who specializes in diseases
of the ear and states that the client's hearing loss has been medically evaluated
during the preceding six-month period and that the client may be a candidate
for a hearing instrument. If the client is age 18 or over, the registered
audiologist or intern in audiology may inform the client that the medical
evaluation requirement may be waived as long as the registered audiologist
or intern in audiology:
(A)
informs the client that the exercise of the waiver is not
in the client's best health interest;
(B)
does not encourage the client to waive the medical evaluation;
and
(C)
gives the client an opportunity to sign this statement:
"I have been advised by (the name of the individual dispensing the hearing
instrument) that the Food and Drug Administration has determined that my best
health interest would be served if I had a medical evaluation by a licensed
physician (preferably a physician who specializes in diseases of the ear)
before purchasing a hearing instrument. I do not wish medical evaluation before
purchasing a hearing instrument."; and
(4)
inform the consumer of a hearing instrument by written
contract of a trial period of 30 consecutive days. The contract shall include
a specific date by which the client must return the instrument to qualify
for a refund. If the date falls on a holiday, weekend, or a day the business
is not open, the effective date shall be the first day the business reopens.
(A)
All charges and fees associated with such trial period
shall be stated in this agreement which shall also include the name, address,
and telephone number of the State Board of Examiners for Speech-Language Pathology
and Audiology. The purchaser shall receive a copy of this agreement.
(B)
Any purchaser of a hearing instrument shall be entitled
to a refund of the purchase price advanced by purchaser for the hearing instrument,
less the agreed-upon amount associated with the trial period, upon return
of the instrument to the licensee in good working order within the trial period.
Should the order be canceled by purchaser prior to the delivery of the instrument,
the licensee may retain the agreed-upon charges and fees as specified in the
written contract. The purchaser shall receive the refund due no later than
the 30th day after the date on which the purchaser cancels the order or returns
the hearing instrument to the licensee.
(5)
When amplification is fit, the audiologist shall verify
appropriate fit of the amplification, which may include real ear measures,
functional gain measures, or other professionally accepted measures.
§741.103.Requirements of Audiologists and Interns in Audiology Conducting Audiometric Testing for the Purpose of Fitting and Dispensing Hearing Instruments.
In accordance with the Act, a licensed audiologist or licensed intern
in audiology who fits and dispenses hearing instruments, shall comply with
this section when testing hearing for the purpose of determining the need
for amplification.
(1) Licensees must adhere to the American National Standards
Institute (ANSI, S3.1, 1999) octave band criteria for permissible ambient
noise levels during audiometric testing as shown on the chart. The chart is
excerpted from the standard for illustrative purposes and is based on a 125
to 8,000 Hz test frequency range.
(2) This requirement is best met when a stationary acoustical
enclosure is utilized.
(3) A stationary acoustical enclosure is any fixed enclosed
space in which an individual is located for the purpose of testing hearing
to threshold. A stationary acoustical enclosure may also be known as an audiometric
or hearing test booth, room, suite, area, or space.
(4) Procedures referenced in the Act, §401.401, should
be followed when testing outside of a stationary acoustical enclosure.
(A)
Hearing testing that occurs in an area that does not meet
the standard of a stationary acoustical enclosure for the purpose of determining
the need for amplification is not considered a diagnostic or threshold measurement.
(B)
In the event amplification is fit and verification measures
cannot be completed in a stationary acoustical enclosure, instrumentation
that is minimally affected by ambient noise including but not limited to,
real ear measures, shall be utilized to assure the appropriate fit of the
amplification.
This agency hereby certifies that the adoption
has been reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601367
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.111, §741.112
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601368
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.111, §741.112
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601369
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.121
The repeal is adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601370
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.121
The new section is adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601371
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.141, §741.142
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601372
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.141
The new section is adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.141.Issuance of License.
(a)
Except as provided by subsections (b) and (c) of this section,
the board shall issue an initial license to an applicant for a license after
the fee, forms, and other documentation have been received and approved by
the board or board staff. A license will be issued for a two-year pro-rated
term, as determined by the board, expiring in the licensee's birth month.
The effective date shall be the date of receipt by the board office or board's
designee of the last item required for approval. The expiration date shall
be determined as follows.
(1)
An applicant approved for license within three months of
the applicant's birth month shall be issued a license to expire on the last
day of the birth month that is two years past the applicant's next birth month.
(2)
An applicant approved for less than 12 months from the
applicant's next birthday, but more than three months from the applicant's
next birthday, shall be issued a license to expire upon the last day of the
applicant's next birth month of the following year.
(b)
The board shall issue an initial license to an applicant
for an intern in speech-language pathology or an intern in audiology license
after the fee, forms, and other documentation have been received and approved
by the board or board staff. The effective date shall be the date of receipt
by the board office of the last item required for approval. The license shall
expire one year past the effective date.
(c)
The board shall issue a temporary certificate of registration
in speech-language pathology or a temporary certificate of registration in
audiology to an applicant after the fee, forms, and other documentation have
been received and approved by the board or board staff. The effective date
shall be the date of receipt by the board office of the last item required
for approval. The registration shall expire eight weeks after the next scheduled
examination as required by §741.121 of this title (relating to Examination
Administration). This certificate is non-renewable and there is no allowed
grace period after expiration of the certificate.
(d)
Licenses issued under subsections (a) - (b) of this section
may be renewed as required by §741.161 of this title (relating to Renewal
Procedures).
(e)
A license or certificate issued by the board remains the
property of the board.
(f)
The board shall issue a duplicate license or certificate,
upon written request and payment of the duplicate fee.
(g)
The board is not responsible for lost, misdirected, or
undelivered correspondence, including forms and fees, if sent to the address
last reported to the board.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601373
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.161 - 741.165
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601374
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §§741.161 - 741.165
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.161.Renewal Procedures.
(a)
The Act provides for the renewal of a license. A license
issued under §741.141(a) - (b) of this title (relating to Issuance of
License) is subject to renewal upon expiration if a licensee wishes to practice
under the Act and this chapter.
(1)
A licensee may renew by mailing to the board office the
renewal form, fee, and all required documents.
(2)
A licensee may choose to renew online. The license is not
considered renewed until all required documents have been received in the
board office.
(b)
A license or registration issued under §741.141(c)
of this title cannot be renewed.
(c)
The board office shall mail notice of expiration to each
licensee approximately 45 days prior to the expiration date of the license.
The board is not responsible for lost, misdirected, or undelivered notices
of expiration if sent to the address last reported to the board.
(d)
A licensee shall have acquired approved continuing education
hours as defined in §741.162 of this title (relating to Requirements
for Continuing Professional Education) in order to renew a license. Any continuing
education hours earned before the original effective date of the license being
renewed are not acceptable.
(e)
A licensee or registrant is responsible for submitting
the required fee, forms, and other documentation prior to the expiration date
of the license. The postmark date is the effective date of the renewal. If
all required documentation is submitted online, the effective date of submission
is the date of the online transaction.
(f)
A licensee is required to provide current address, telephone
number, and employment information. Corrections may be made on the renewal
form or by submitting the current information in writing. A request to change
the name currently on record must be submitted in writing with a copy of a
divorce decree, marriage certificate, legal name change document, or social
security card showing the new name.
(g)
The board office shall not consider a license to be renewed
until the following has been received and found acceptable:
(1)
completed, dated, and signed renewal form, including acknowledgment
of having earned the required continuing professional education hours;
(2)
license renewal fee; and
(3)
if selected for audit as defined in subsection (o) of this
section, the record of continuing education hours earned/used/available/dropped
form, referred to as the CE log, which covers at least the past three renewal
periods and verification of approved continuing education hours.
(4)
If the licensee chooses to use the online renewal process,
the renewal form and renewal fee, as detailed in paragraphs (1) and (2) of
this subsection, will be accepted automatically. The license will be considered
renewed when the online renewal is processed in the board office and board
staff determine that all documentation has been provided. If no additional
information is required, the effective date of renewal shall be the date of
the online transaction. If additional documentation is required, such as documentation
for an audit as defined in subsection (o) of this section, that documentation
must be mailed to the board office. Although the license may complete the
renewal process online, the board office shall not consider the license renewed
until the additional documentation has been received and accepted by the board
office.
(h)
An intern shall submit the following for license renewal:
(1)
the items listed in subsection (g) of this section;
(2)
evaluation of the intern's progress or performance from
all supervisors must accompany the request. Intern plans and supervisory evaluations
for completed segments must be submitted; and
(3)
the intern plan and agreement of supervision form for the
intern's upcoming experience unless the intern is currently not practicing.
In that event, the intern shall submit a signed statement explaining the reason
for not practicing.
(i)
An assistant shall submit the following for license renewal:
(1)
the items listed in subsection (g) of this section; and
(2)
the supervisory responsibility statement form unless the
assistant is currently not practicing or the supervisor has not changed.
(j)
An individual who meets the requirements set out in the
Act and wishes to renew the expired license shall submit his or her request,
in writing, with the following:
(1)
an original letter from the licensing board where he or
she currently holds a valid license verifying:
(A)
the professional area in which the license was issued;
(B)
the date of issue;
(C)
the expiration date of the license; and
(D)
whether disciplinary action has been taken;
(2)
a reinstatement fee as determined by the board.
(k)
A licensee may renew the license under the provisions of
the Act after expiration of the 60-day grace period without a late renewal
penalty fee being assessed due to a medical hardship whether or not the licensee
met the requirements of §741.162 of this title. If the following is submitted
and found acceptable by the board office, the license shall be renewed:
(1)
a signed statement requesting renewal due to medical hardship;
(2)
an original letter signed by the licensee's physician stating
the licensee was unable to practice for at least six months during the renewal
period because of a physical or mental disability;
(3)
the completed, dated, and signed renewal form;
(4)
any approved continuing education hours earned during the
renewal period; and
(5)
the license renewal fee.
(l)
A licensee may petition the board if the licensee does
not meet the requirements of subsection (m) of this section but believes he
or she has a valid medical reason for the late renewal. The petition shall
be reviewed by the board's designee within 15 working days of receipt of the
request.
(m)
The board shall monitor a licensee's compliance with the
continuing education requirements by the use of a random audit. In the event
the licensee has been selected for an audit to verify compliance with the
continuing education requirement as described in §741.162 of this title,
the license shall not be renewed until the licensee submits acceptable proof
of having earned the required continuing education hours. If this documentation
is not received or found unacceptable, the licensee shall be notified by the
board office of the deficiency.
(n)
Failure to timely furnish required documentation or providing
false information during the audit or renewal process is grounds for disciplinary
action against the licensee.
(o)
The board shall deny renewals pursuant to the Texas Education
Code, §57.491, concerning defaults on guaranteed student loans.
(p)
The board shall deny renewals when a license holder is
subject to the suspension of license provisions relating to child support
and child custody in the Family Code, Chapter 232.
(q)
If all conditions required for renewal are met prior to
expiration of the 60-day grace period, the board shall issue a renewed license.
(r)
If the licensee has not completed the renewal process upon
expiration of the 60-day grace period, he or she shall cease practicing. The
licensee shall then renew his or her license in accordance with §741.164
of this title (relating to Late Renewal of a License) if he or she wishes
to practice.
(s)
A suspended license is subject to expiration and may be
renewed as provided in this subchapter; however, the renewal does not entitle
the licensee to engage in the licensed activity or in any other activity or
conduct in violation of the order or judgment by which the license was suspended,
until such time as the license if fully reinstated.
(t)
A license revoked on disciplinary grounds shall not be
renewed; however, the license may be reinstated under the Act, §401.457.
The former licensee, as a condition of reinstatement, shall pay a reinstatement
fee in an amount equal to the renewal fee in effect, plus the late renewal
penalty fee, if any, accrued since the time of the license revocation.
§741.164.Late Renewal of a License.
(a)
A licensee who fails to renew his or her license before
the end of the 60-day grace period shall be assessed a late renewal penalty
as required by the Act, unless the license had been placed on inactive status.
(b)
The Act prohibits an individual from practicing after expiration
of the 60-day grace period. Penalties for doing so are defined in the Act.
(c)
The following shall be submitted to renew a license after
expiration of the grace period:
(1)
the board late renewal of a license form which requires
a written, signed statement from the licensee and his or her employer(s) documenting
the licensee's practice activities since expiration of the 60-day grace period
under the Act and this chapter;
(2)
the late renewal penalty fee as set out in §741.181
of this title (relating to Schedule of Fees);
(3)
CE documentation as required by §741.162(1) of this
title (relating to Requirements for Continuing Professional Education); and
(4)
verification of continuing education hours earned as required
by §741.162(m) of this title.
(d)
The following number of continuing education hours shall
be required:
(1)
if renewing an initial license before the end of the first
year of the penalty status, the number of continuing education hours that
shall be earned are listed under §741.162(d) of this title;
(2)
if renewing before the end of the first year of penalty
status, ten continuing education hours or 15 hours for holders of dual speech-language
pathology and audiology licenses;
(3)
if renewing at the end of the first year of penalty status
but before the end of the second year, 20 continuing education hours or 30
hours for holders of dual speech-language pathology and audiology licenses;
or
(4)
if renewing at the end of the second and final year of
penalty status, 30 continuing education hours or 45 hours for holders of dual
speech-language pathology and audiology licenses.
(e)
Continuing education hours accrued under §741.162(j)
or (k) of this title may be used if the hours are available for use when the
request for renewal is received by the board.
(f)
The random audit for compliance with the continuing education
requirements referenced in §741.161(m) of this title (relating to Renewal
Procedures) does not apply to late renewal of a license.
(g)
If additional documentation is required, the request to
renew the license shall remain open no longer than 90 days following the date
the board office received the initial request to renew the license. If the
documentation requested is not received before the 90 days referenced, the
request for late renewal of a license shall be denied and the fee forfeited.
(h)
Failure to timely furnish information or providing false
information during the late renewal process are grounds for disciplinary action.
(i)
If the board office approves the request for late renewal
of a license, active status shall begin on the date of approval. The licensee
shall earn continuing education hours as required by §741.162 of this
title in order to renew the license upon expiration.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601375
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.181, §741.182
The repeals are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601376
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
22 TAC §741.181, §741.182
The new sections are adopted under Texas Occupations Code, §401.202,
which requires the board to adopt rules necessary to administer and enforce
the chapter, including rules that establish standards of ethical practice;
and under Texas Occupations Code, §401.204, which requires the board
by rule to establish fees in amounts reasonable and necessary.
§741.181.Schedule of Fees.
(a)
All fees paid to the board are non-refundable. For all
applications and renewal applications, the board is authorized to collect
subscription and convenience fees, in amounts determined by the Texas Online
Authority, to recover costs associated with application and renewal application
processing through Texas Online. For all applications and renewal applications,
the board is authorized to collect fees to fund the Office of Patient Protection
within the Health Professions Council, as required by Occupations Code, §101.307
(relating to Health Professions Council Funding of Office.) The schedule of
fees is as follows:
(1)
application and initial license fee:
(A)
$150 for a two year license; or
(B)
$75 for a one year license.
(2)
provisional application and initial license fee--$75;
(3)
temporary certificate of registration fee--$55;
(4)
license renewal fee:
(A)
$50 for one year license;
(B)
$100 for a two year license;
(5)
dual license fees as a speech-language pathologist and
audiologist--each license must be renewed separately and fees will be determined
separately:
(6)
duplicate license, certificate, or registration fee--$10;
(7)
inactive status fee--$45;
(8)
license verification fee--$10;
(9)
late renewal penalty fee--an amount equal to the renewal
fee(s), with a maximum of three renewal fees, plus the examination fee;
(10)
examination fee--the amount charged by the board's designee
administering the examination; and
(b)
Any remittance submitted to the board in payment of a required
fee shall be in the form of a personal check, certified check, or money order
unless this section requires otherwise. Checks from foreign financial institutions
are not acceptable. Payment may also be made through the online renewal process
using an electronic check or credit card.
(c)
An applicant whose check for the application and initial
license fee is returned marked insufficient funds, account closed, or payment
stopped shall be allowed to reinstate the application by remitting to the
board a money order or check for guaranteed funds within 30 days of the date
of the receipt of the board's notice. Otherwise, the application and the approval
shall be invalid. A penalty fee of $50, in addition to the amount of the check,
must be included with the payment remitted to the board office.
(d)
A licensee whose check for the renewal fee is returned
marked insufficient funds, account closed, or payment stopped shall remit
to the board a money order or check for guaranteed funds within 30 days of
the date of receipt of the board's notice. Otherwise, the license shall not
be renewed. If a renewal card has already been issued, it shall be invalid.
If the guaranteed funds are received after expiration of the 60-day grace
period, a late renewal penalty fee shall be assessed. A penalty fee of $50,
in addition to the amount of the check, must be included with the payment
remitted to the board office.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 2, 2006.
TRD-200601377
Sherry Sancibrian
Chair
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: March 22, 2006
Proposal publication date: September 2, 2005
For further information, please call: (512) 458-7111 x6972
Chapter 139.
ENFORCEMENT
Part 8.
TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Part 14.
TEXAS OPTOMETRY BOARD
Part 19.
POLYGRAPH EXAMINERS BOARD
Part 32.
STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
Subchapter B. THE BOARD
Subchapter C. SCREENING PROCEDURES
Subchapter D. THE STANDARDS OF PROFESSIONAL AND ETHICAL CONDUCT
Subchapter D. CODE OF ETHICS; DUTIES AND RESPONSIBILITIES OF LICENSE HOLDERS
Subchapter E. REQUIREMENTS FOR LICENSURE AND REGISTRATION OF SPEECH-LANGUAGE PATHOLOGISTS
Subchapter E. REQUIREMENTS FOR LICENSURE OF SPEECH-LANGUAGE PATHOLOGISTS
Subchapter F. REQUIREMENTS FOR LICENSURE AND REGISTRATION OF AUDIOLOGISTS
Subchapter F. REQUIREMENTS FOR LICENSURE OF AUDIOLOGISTS
Subchapter G. REQUIREMENTS FOR DUAL LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND AN AUDIOLOGIST
Subchapter H. FITTING AND DISPENSING OF HEARING INSTRUMENTS
Subchapter I. APPLICATION PROCEDURES
Subchapter J. LICENSURE EXAMINATIONS
Subchapter K. ISSUANCE AND DISPLAY OF LICENSE AND REGISTRATION
Subchapter K. ISSUANCE OF LICENSE
Subchapter L. LICENSE AND REGISTRATION RENEWAL
Subchapter L. LICENSE RENEWAL AND CONTINUING EDUCATION
Subchapter M. FEES AND PROCESSING PROCEDURES
Subchapter N. DENIAL, PROBATION, SUSPENSION, OR REVOCATION OF A LICENSE OR REGISTRATION