PART 32.STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
CHAPTER 741. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
The State Board of Examiners for Speech-Language Pathology and Audiology (board) adopts amendments to §§741.41, 741.64, 741.81, 741.103, 741.112, 741.161, and 741.162, and new §741.122, concerning the regulation and licensure of speech-language pathologists and audiologists. The amendment to §741.81 is adopted with changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2360). The amendments to §§741.41, 741.64, 741.103, 741.112, 741.161, 741.162, and new §741.122 are adopted without changes, and the sections will not be republished. New §741.163 and §§741.211 - 741.215 and the repeal of §741.163 were published in the same issue of the Texas Register, but are being withdrawn and will not be adopted.
BACKGROUND AND PURPOSE
The adopted amendments update the rules so that they reflect the board's current operational procedures in processing and approving licensure applications and provide clarification of the rules, so that the intent is not ambiguous for license holders and the public. The adopted amendments are necessary to update and clarify existing licensure requirements for doctor of audiology students by reflecting current national standards.
SECTION-BY-SECTION SUMMARY
The amendments to §741.41(a) are adopted to clarify the professional responsibilities of the license holder to inform the board office with updated personal data.
The amendments to §741.64(g) are adopted to clarify when and who should complete the initial contact with the client.
The amendments to §741.81 are adopted to clarify the educational documentation required for an audiology license.
The amendments to §741.103 are adopted to remove an outdated chart containing maximum permissible ambient noise levels as previously established by the American National Standards Institute (ANSI).
The amendments to §741.112 are adopted to define when the effective date of the jurisprudence examination will begin.
New §741.122 is adopted to add the requirements to administer a jurisprudence examination.
The amendments to §741.161 are adopted to add the requirements to administer a jurisprudence examination at the time of renewal.
The amendments to §741.162 are adopted to clarify that the jurisprudence examination can count as one hour of continuing education requirements (CEU) for professional ethics.
COMMENTS
The board has reviewed and prepared responses to the comments received regarding the proposed rules during the comment period. The commenters were individuals and one representative from one national association, the American Speech-Language-Hearing Association (ASHA). The commenters were not against the rules in their entirety; however, the commenters suggested recommendations for change as discussed in the summary of comments. Commenters were generally in favor of the rules.
Comment: Concerning §741.122, the implementation of the jurisprudence examination, many commenters expressed their concern regarding the board's implementation of a jurisprudence examination and argued that such an examination is unnecessary.
Response: The board disagrees with the commenters. By proposing a jurisprudence examination, the board as per Occupations Code, §401.30, is adhering to the Texas Sunset Advisory Commission's Professional Licensing Model which contemplates a jurisprudence examination for professional licensees. The majority of professional licensing boards located within the Department of State Health Services, Professional Licensing and Certification Unit, have either implemented a jurisprudence examination or are in the process of doing so. The board proposes to administer this examination, covering Texas law/rules only once, and only for one renewal period. The examination is not a "pass/fail" examination, but an educational tool. All examinees will be able to pass the examination. If an examinee records an incorrect answer to a given question, the program will return the examinee to the relevant statutory provision or board rule, which contains the correct answer. The examinee will then go back to the missed question and answer it correctly. The cost associated with the administration of the examination is paid solely to the private entity providing the examination. Contrary to several comments, the board will not receive any part of the examination fee. The board views the jurisprudence examination in positive terms, and does not agree that its requirement will lessen the numbers of practitioners practicing in this field. No change was made to the rule due to comments.
Comment: Concerning §741.162(c), the CEU ethics requirements, several commenters seemed to confuse the CEU ethics requirements with the implementation of the jurisprudence examination.
Response: Every two years, each licensee is required to fulfill the CEU requirements by securing 20 clock hours of CEU. The board promulgated rules to require that two of those clock hours focus on ethics. This requirement was prompted in part by the increasing number of complaints filed against licensees, which involved ethical violations of board rules. The two-clock hour requirement for ethics training is separate and apart from the jurisprudence examination. The board is not requiring that licensees take a test after their two-clock hour Ethics Course. The jurisprudence examination, covering Texas law, will only be administered once to each licensee, and only at the time of that licensee's renewal. No change was made to the rule due to comments.
Comment: Concerning §741.64(g), one of the commenters indicated that they agreed with the clarification of when and who should complete the initial contact with the client.
Response: The board agrees with the commenter. No change was made to the rule as a result of this comment.
Comment: Concerning §741.81(b), one commenter indicated that the wording of the rule was not clearly written and thinks that some words may have been omitted.
Response: The board agrees with the commenter. The board changed the rule text for clarification to read "master's degree (awarded prior to 2007) or the doctoral degree" instead of "doctoral or master degree awarded prior to 2007."
Concerning the withdrawal of the repeal of §741.163 and new §741.163, the board has decided that the rules will not be adopted at this time.
Concerning the withdrawal of the telehealth practice rules in §§741.211 - 741.215, the ASHA informed the board that they were reviewing their position statements on telehealth and should be coming out with their updates in the fall. The board will re-propose the rules with updated information at a later date.
SUBCHAPTER D. CODE OF ETHICS; DUTIES AND RESPONSIBILITIES OF LICENSE HOLDERS
STATUTORY AUTHORITY
The amendment is adopted under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
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 August 7, 2009.
TRD-200903409
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: August 27, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The amendment is adopted under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
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 August 7, 2009.
TRD-200903410
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: August 27, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The amendment is adopted under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
§741.81.Requirements for an Audiology License.
(a) An applicant for the audiology license shall meet the requirements set out in the Act and this section.
(b) The master's degree (awarded prior to 2007) or the doctoral 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 and holds accreditation or candidacy status from a recognized regional accrediting agency.
(c) An applicant who graduated from a college or university not accredited by the American Speech-Language Hearing Association Council on Academic Accreditation shall have the American Speech-Language-Hearing Association Clinical Certification Board evaluate the course work and clinical experience earned to determine if acceptable. The applicant shall bear all expenses incurred during the procedure.
(d) An applicant shall pass the examination as referenced by §741.121 of this title (relating to Examination Administration) within the past 10 years from the date of the application.
(e) In the event the applicant passed the examination referenced in subsection (d) of this section more than two years after the completion date of the internship, the applicant shall repeat the 36 weeks supervised internship before applying for the audiology license. The applicant shall obtain the intern license as required by §741.82 of this title (relating to Requirements for an Intern in Audiology License) prior to repeating the internship. The applicant may appeal to the board's designee for waiver of the requirement to repeat the internship.
(f) An applicant who previously held the American Speech-Language-Hearing Association Certificate of Clinical Competence may have the certificate reinstated and apply for licensure under §741.83 of this title (relating to Waiver of Clinical and Examination Requirements for Audiologists).
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 August 7, 2009.
TRD-200903411
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: August 27, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The amendment is adopted under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
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 August 7, 2009.
TRD-200903412
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: August 27, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The amendment is adopted under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
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 August 7, 2009.
TRD-200903413
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: August 27, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The new rule is adopted under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
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 August 7, 2009.
TRD-200903414
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: August 27, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 458-7111 x6972
STATUTORY AUTHORITY
The amendments are adopted under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.
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 August 7, 2009.
TRD-200903415
Kerry Ormson, Ed.D., Au.D.
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: August 27, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 458-7111 x6972