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) proposes the repeal of §§741.1, 741.2, 741.13-741.26, 741.33,
741.41, 741.61, 741.62, 741.64, 741.65, 741.67, 741.81, 741.82, 741.84, 741.85,
741.87, 741.91, 741.101-741.103, 741.121-741.123, 741.141-741.143, 741.161-741.166,
741.181, 741.182, 741.191-741.201, and 741.301-741.303; new §§741.1,
741.13, 741.14, 741.33, 741.41, 741.61, 741.62, 741.64, 741.65, 741.67, 741.81,
741.82, 741.84, 741.85, 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;
and amendments to §§741.11, 741.12, 741.31, 741.32, 741.63, 741.66,
741.83, and 741.86; concerning speech-language pathology and audiology.
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). The sections
have been reviewed and the board has determined that reasons for adopting
the sections continue to exist in that a rule on the subjects is needed; however
the rule needs revision as described in this preamble.
The board published a Notice of Intention to Review the sections as required
by Rider 167 in the
Texas Register
on May
28, 1999 (24 TexReg 4033). No comments were received during the 60-day comment
period.
Because of the numerous amendments, repeals, and new sections, the board
elected to identify the changes by subchapters. Article 4512j, V.T.C.S., was
codified by the 76th Texas Legislature, 1999, as the Texas Occupations Code,
Chapter 401, and this reference has been made throughout the rules. All references
to other laws which were codified have been changed. Duplicative language
that is currently in both the Texas Occupations Code and this chapter has
been deleted throughout the sections and the Texas Occupations Code referenced.
Also, language that the Texas Legislative Council deemed unnecessary during
the codification process has been deleted from these sections. Throughout
Chapter 741 some sections have catch lines and others do not; all catch lines
are being deleted for consistency. The board proposes a new Subchapter H relating
to fitting and dispensing of hearing instruments and renumbered the following
subchapters accordingly.
Only changes to existing language have been identified in the following
narratives:
SUBCHAPTER A:
Subchapter A is being renamed to more accurately reflect what the subchapter
contains.
Section 741.1 which defines the purpose of the section is being repealed
since this language is not necessary.
Section 741.2 is being repealed and replaced with new §741.1 concerning
terms commonly used in the professions while deleting duplicative or unnecessary
language.
SUBCHAPTER B:
Section 741.11 and §741.12 are being amended to change the title of
board officers and to allow the complaints committee presiding officer to
call a meeting when necessary.
Sections 741.13-741.25 are being repealed and replaced with new §741.13
to reorganize only pertinent information relating to duties and powers of
the board while deleting duplicative, unnecessary or language that would be
more appropriate as a board policy.
Section 741.26 is being repealed and replaced with new §741.14 to
clarify the process to petition the board for a rule change and to require
the submission of the economic cost associated with the petition for a rule
change.
SUBCHAPTER C:
Subchapter C is being renamed to more accurately reflect what the subchapter,
as proposed, will contain.
Section 741.31 is being amended to clarify assessment of language and speech
and to require communication screening in the client's native language.
Section 741.32 is being amended to extend the date for using 25 dB HL for
hearing screening; to require testing in both ears; to establish new hearing
screening procedures effective September 1, 2001, to use 25 dB HL for pre-kindergarten
and kindergarten and 20 dB HL for grades 1 through 12; to define hearing screening
failures; and to clarify follow up procedures.
Current §741.33 is being repealed from this subchapter and pertinent
language has been moved to new Subchapter H. Fitting and Dispensing of Hearing
Instruments, as new §741.103, relating to Requirements of Audiologists
and Interns in Audiology Conducting Audiometric Testing for the Purpose of
Fitting and Dispensing Hearing Instruments.
New §741.33 is being proposed to clarify that licensed speech-language
pathologists, interns in speech-language pathology, and assistants in speech-language
pathology may participate in universal newborn hearing screening.
SUBCHAPTER D:
Section 741.41 is being repealed and replaced with new §741.41 concerning
the code of ethics to clarify the record maintenance process; include language
concerning providing false or misleading information on an application form;
require than an intern or assistant abide by the decision of the supervisor;
require submission of proof of need in order to supervise more than four interns
and assistants; clarify documentation concerning supervision; add language
relating to denial of renewal for failure to pay child support; and reorganize
and clarify existing language.
SUBCHAPTER E AND SUBCHAPTER F:
Because these two subchapters are parallel for the professions of speech-language
pathology and audiology, they have been addressed together.
Section 741.61 and §741.81 are being repealed and replaced with new §741.61
and §741.81 respectively, to require that the applicant pass the examination
within two years of the end of the internship or repeat the experience; clarify
that course work earned before the baccalaureate degree is earned will not
meet the graduate course work requirement; delete language relating to basic
course work and specific areas in which clinical experience must be acquired
since colleges and universities verify this information before granting a
degree; and to reorganize and clarify existing language.
Section 741.62 and §741.82 are being repealed and replaced with new §741.62
and §741.82 respectively, to require that course work and clinical experience
be completed within 10 years of the beginning of the internship; expand and
clarify segments, evaluation, maintenance of records, and changes in internship;
allow the board and a university to designate specific individuals to assist
them, and reorganize and clarify existing language.
Section 741.63 and §741.83 are being amended to clarify that "special
conditions" are actually a "waiver" for applicants who hold the American Speech-Language-Hearing
Association certificate of clinical competence. The section titles are also
being amended to reflect this clarification.
Section 741.64 and §741.84 are being repealed and replaced with new §741.64
and §741.84 respectively, to define how an individual who obtains the
American Speech-Language-Hearing Association's certificate of clinical competence
may qualify; delete unnecessary language; and reorganize and clarify existing
language.
Section 741.65 and §741.85 are being repealed and replaced with new §741.65
and §741.85 respectively, to clarify and expand the existing language
concerning the clinical deficiency plan and requests to change direct or indirect
supervision; increase the number of course work hours required in core curriculum
that must be completed within 10 years of the date of application for the
assistant license; identify course work that is not acceptable; delete language
concerning course work earned from foreign universities; revise initial client
contact; define part-time supervision; allow an assistant to attend an admission,
review, or dismissal without the presence of the supervisor under specific
conditions; and to reorganize and clarify existing language.
Section 741.66 and §741.86 are being amended to clarify requirements
for a temporary certificate of registration. In addition, §741.86 is
being amended to state the holder of the registration may not fit and dispense
hearing instruments.
Section 741.67 is being repealed in order to reference the Texas Occupations
Code and remove duplicative language for the requirements of the limited license
to practice in the public schools.
Current §741.87 is being repealed from this subchapter and pertinent
language is being moved to new Subchapter H. Fitting and Dispensing of Hearing
Instruments, as new §741.101, relating to Requirements for Audiologists
and Interns in Audiology Who Fit and Dispense Hearing Instruments and new §741.102,
relating to General Practice Requirements of Audiologists and Interns in Audiology
who Fit and Dispense Hearing Instruments. In addition, language to clarify
that an intern in audiology may only fit and dispense hearing instruments
under supervision is being proposed. Other language in current §741.87
is being moved to other more appropriate sections of the rules, such as §741.161
relating to Renewal Procedures.
SUBCHAPTER G:
Section 741.91 concerning dual licenses is being repealed and replaced
with new §741.91 to incorporate the same changes being proposed to §§741.61,
741.63, 741.81, and 741.83; reorganize existing language; remove unnecessary
language; and rename the section.
SUBCHAPTER H:
This is a new subchapter that incorporates language from several sections
of the current rules into one subchapter as Subchapter H. Fitting and Dispensing
of Hearing Instruments.
New §741.101, relating to Requirements for Audiologists and Interns
in Audiology Who Fit and Dispense Hearing Instruments, contains pertinent
language from current §741.87 which is being repealed. In addition language
to clarify that an intern in audiology may only fit and dispense hearing instruments
under supervision is being proposed.
New §741.102, relating to General Practice Requirements of Audiologists
and Interns in Audiology who Fit and Dispense Hearing Instruments, contains
pertinent language from current §741.41(b)(1), (4), and (5) and language
from current §741.87(g). The language concerning the 30 day trial period
upon the return of a hearing instrument has been clarified to define the trial
period as 30 consecutive days.
New §741.103, relating to Requirements of Audiologists and Interns
in Audiology Conducting Audiometric Testing for the Purpose of Fitting and
Dispensing Hearing Instruments, contains the language from current §741.33.
For clarification, the language has been reorganized and unnecessary language
deleted.
SUBCHAPTER I:
Current Subchapter H. Application Procedures is being repealed and replaced
with new Subchapter I. Application Procedures.
Section 741.101 which defines the purpose of the section is being repealed
since this language is not necessary.
Section 741.102 is being repealed and replaced with new §741.111 to
expand and clarify application submission procedures; reference time periods
for processing; identify Board mailing address; delete duplicative language;
and reorganize existing language. The section title is being changed to more
accurately reflect what the section contains.
Section 741.103 is being repealed and replaced with new §741.112 to
clarify that the application and initial license fee have been combined; add
name of council that determines accreditation of college or university programs;
allow college or university program director to designate another person to
provide information; delete reference to limited license to practice in the
public schools; add documentation required for dual applicants; define the
time period in which an application form should be signed and dated to reflect
the actual process being conducted by office staff; reference time period
for passing the examination; and delete unnecessary language.
SUBCHAPTER J:
Current Subchapter I. Licensure Examinations is being repealed and replaced
with new Subchapter J. Licensure Examinations.
Section 741.121 which defines the purpose of the section is being repealed
since this language is not necessary.
Section 741.122 and §741.123 are being repealed and replaced with
new §741.121 to rename the section; correct the reference for the examination
administrator; clarify that tests are administered separately in speech-language
pathology and in audiology; define the passing score; identify who shall notify
the applicant of the results of the examination; and remove duplicative or
unnecessary language.
SUBCHAPTER K:
Current Subchapter J. Licensing and Registration Procedures is being repealed
and replaced with new Subchapter K. Issuance and Display of License and Registration.
In addition, the subchapter title is being renamed to more accurately define
what the subchapter contains.
Section 741.141 which defines the purpose of the section is being repealed
since this language is not necessary.
Section 741.142 is being repealed and replaced with new §741.141 to
delete the reference to the limited license to practice in the public schools;
move existing language concerning denial of a license to Subchapter N; reorganize
and clarify process for issuance of a license, certificate, and registration;
and delete unnecessary language.
Section 741.143 is being repealed and replaced with new §741.142 to
define how all licenses, certificates, and registrations, including holders
of provisional licenses, limited licenses, and temporary certificates of registration,
shall be displayed.
SUBCHAPTER L:
Current Subchapter K. License and Registration Renewal is being repealed
and replaced with new Subchapter L. License and Registration Renewal.
Section 741.161 which defines the purpose of the section is being repealed
since this language is not necessary.
Section 741.162 is being repealed and replaced with new §741.161 to
rename the section; clarify that the temporary certificate of registration
and the provisional license cannot be renewed; clarify renewal process for
intern and assistant licenses and registration to fit and dispense hearing
instruments; define how corrections are made on the renewal form; add language
to this section that currently exists in other sections relating to renewal
of a limited license, maintenance of the record of continuing education hours
form, and denial of a license for failure to pay child support; delete unnecessary
language; and reorganize existing language.
Section 741.163 is being repealed and replaced with new §741.162 to
decrease the maximum number of continuing education hours that may be accrued;
expand on maintenance of continuing education and acceptable verification;
state that continuing education hours may not be earned prior to the effective
date of the license; require prior board approval for continuing education
in a related area; identify the passing examination score; delete unnecessary
language; and reorganize existing language.
Section 741.164 is being repealed and replaced with new §741.163 to
identify the name of the board form and fee that shall be submitted; require
that the form be completed, signed, and dated; require submission of the CE
log; state that accrued continuing education hours must still be available
for use at the time of reactivation; prohibit a licensed audiologist or intern
in audiology who has placed his or her license on the inactive status to fit
and dispense hearing instruments; delete unnecessary language; and reorganize
existing language.
Section 741.165 is being repealed and replaced with new §741.164 to
require that the statement concerning the licensee's practice after expiration
of the grace period be signed; state that a licensed audiologist or intern
in audiology who has not renewed his or her license and registration prior
to the end of the 60-day grace period may not fit and dispense hearing instruments;
require submission of the CE log; delete unnecessary language; and reorganize
existing language.
Section 741.166 is being repealed and replaced with new §741.165 concerning
renewal of a licensee on active military duty with no changes to existing
language.
SUBCHAPTER M:
Current Subchapter L. Fees and Processing Procedures is being repealed
and replaced with new Subchapter M. Fees and Processing Procedures.
Section 741.181 is being repealed and replaced with new §741.181 to
increase the fee for the temporary certificate of registration and the inactive
fee; clarify that all fees are nonrefundable and that dual licenses are two
separate licenses; identify the correct name for the inactive status fee and
the provisional application and initial license fee; clarify how the application
and initial license fee, which have been combined, are processed when funds
returned because of insufficient checks, payment stopped, etc. are received;
delete unnecessary language; reorganize existing language; and renumber accordingly.
Section 741.182 is being repealed and replaced with new §741.182 to
rename the section to more accurately define what it contains; delete the
reference to the letter of denial and provisional license holder because other
sections of the rules address these issues; delete unnecessary language; and
reorganize and clarify existing language to reflect the actual board process.
SUBCHAPTER N:
Current Subchapter M. Denial, Probation, Suspension, or Revocation of Licensure
or Registration is being repealed and replaced with new Subchapter N. Denial,
Probation, Suspension, or Revocation of a License or Registration.
Section 741.191 which defines the purpose of the section is being repealed
since this language is not necessary.
Section 741.192 and §741.195 are being repealed and replaced with
new §741.191 concerning basis to deny, probate, suspend, or revoke a
license or registration to delete unnecessary language; reorganize and clarify
existing language; and add language currently in other sections of the existing
rules concerning denial based on failure to pay child support or if a license
in another state is revoked or suspended.
Sections 741.193, 741.194, and 741.200 are being repealed and replaced
with new §741.192 concerning procedures for filing a complaint; denying,
suspending or revoking a license or registration; to delete unnecessary language;
reorganize and clarify existing language to reflect the actual procedures;
and to identify duties of the complaints committee.
Sections 741.196, 741.197, and 741.199 are being repealed and replaced
with new §741.193 concerning formal hearings and surrender of license
or registration to delete unnecessary language; reorganize and clarify existing
language; and identify the State Office of Administrative Hearings.
Section 741.198 is being repealed and replaced by new §741.194 concerning
informal disposition or proceedings to delete unnecessary language and reorganize
and clarify existing language to reflect actual process.
Section 741.201 is being repealed and replaced by new §741.195 concerning
schedule of sanctions with no changes to existing language.
SUBCHAPTER N:
Current Subchapter N which contains §§741.301-741.303 concerning
Publications is being repealed because it was determined this language is
not required as a board rule.
Dorothy Cawthon, Executive Secretary, has determined that for the first
five-year period the sections are in effect there will be fiscal implications
as a result of enforcing or administering the sections: Increased fees are
projected to generate additional revenues of approximately $900.00 per year
for state government, which will be used to offset the cost of administering
the program. There may be fiscal implications to state or local government
as a result of enforcing or administering the sections as proposed: exact
dollar amount cannot be determined because it is not known whether a state
or local agency reimburses the cost of their employee's licensing fees.
Other amendments or new rules may have fiscal implications to state or
local government if the state or local government employs individuals to provide
the services required such as the amendment to §741.31 Communication
Screening in the client's native language which may require employing or contracting
for services if currently unstaffed; the requirements in new §741.61(f)
and §741.81(f), an individual repeating the internship may experience
a loss from $3,000 to $5,000 during the 36 weeks internship which could result
in an decrease in the amount of salary paid; the requirement in new §741.102(4),
the trial period is identified as "a trial period of 30 consecutive days"
which may be as simple as rewriting the contract. The exact dollar amount
cannot be determined because it is not known whether a state or local agency
employs individuals who provide these services or the number of contracts
that must be rewritten in order to comply with the proposed rules.
Contact with Mr. Elijah Brown, Director, Vision and Hearing Screening Program,
Texas Department of Health, concerning the amendments to §741.32 Hearing
Screening stated that there was no anticipated economic cost to implement
the amendments nor did he believe schools would experience an additional cost
to implement. If there is any cost associated with the implementation of the
amendments in the schools, it should be less that $100.00.
Ms. Cawthon has also determined that for each year of the first five years
that the sections are in effect, the public benefit anticipated as a result
of enforcing the sections will be to cover the cost of administering the program,
establish accountability, and provide service to the public. The amendments,
repeals, and new rules should enable licensees, employers, and consumers to
understand more clearly the requirements and process for licensure and renewal;
maintenance of continuing education; the code of ethics; the time periods
established; maintenance of records; and the basis and process for denial,
probation, suspension, or revocation of an application, license, or registration.
The new rule concerning language and speech screening in the client's native
language will provide the client with more appropriate services. The new rule
concerning hearing screening should identify clients with hearing problems
and avoid over-referrals. The new rule concerning the decrease in continuing
education hours that may be acquired during a renewal period should enable
licensees to remain current the field of speech-language pathology and audiology
and is necessary because the professions are constantly changing. In addition
clients should benefit from any new procedures or knowledge acquired by the
licensee. The new rule stating the consumer of a hearing instrument may have
a trial period of 30 consecutive days should clarify this time frame for both
the licensee and consumer and insure the purchaser has an appropriately fitted
hearing instrument. The new rule increasing the number of course work hours
from 9 to 18 in core curriculum for the applicant of an assistant license
should better prepare the assistant to provide services to the client. Listing
the hours of course work that are not acceptable should enable the applicant
to determine if he or she would qualify for the license prior to submitting
an application, fee, and other documentation required to evaluate an application.
The new rule allowing an assistant to attend an Admission, Review, and Dismissal
(ARD) without the supervisor being present provided certain conditions are
adhered to will provide relief to the licensed professional speech-language
pathologist in schools from certain routine activities. The new rule listing
the time period in which the application form must be signed and dated will
insure current information is being presented to the board office.
There may be minimal economic costs to small businesses, micro-businesses,
and individuals engaged in the business of speech-language pathology or audiology
if the increase in the fees effect the business or licensee, if the licensee
employed is unable to provide communication screening in the client's native
language, if the applicant is required to repeat an internship due to failure
to pass the examination within the specified time period, or if the applicant
is required to take additional course work in core curriculum. There is no
anticipated economic costs to schools to provide hearing screening grades
one through 12. There should be no effect on local employment.
Comments on the proposal may be submitted to Ms. Dorothy Cawthon, State
Board of Examiners for Speech-Language Pathology and Audiology, 1100 West
49th Street, Austin, Texas, 78756-3183, telephone (512) 834-6627, fax (512)
834-6677. Public comments will be accepted following the date of publication
of the proposal in the
Texas Register
until
August 15, 2000.
The text of the repealed sections will not be printed in the
Texas Register
but may be examined on the Board's internet address
at: http://www.tdh.state.tx.us/hcqs/plc/speech.htm or the
Texas Register's
internet address at: http://www.sos.state.tx.us/texreg
or in the Board's physical office located at 8407 Wall Street, Room S-420,
Austin, Texas, 78754.
Subchapter A. INTRODUCTION
22 TAC §741.1, §741.2
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.1.Purpose.
§741.2.Definitions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on July 3, 2000.
TRD-200004622
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.1
The new section is proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
The proposed new section affects the Texas Occupations Code, Chapter 401;
Texas Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter
36 and 47; and Texas Government Code.
§741.1.Definitions.
Unless the context clearly indicates otherwise, the words and terms
below shall have the following meanings. Also, refer to the Texas Occupations
Code, §401.001, for definitions of additional words and terms.
(1)
Delegation--The supervisor of an assistant may delegate
certain services to the assistant; however, the supervisor is ultimately responsible
for all services provided.
(2)
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 patient, and is qualified by special
training to diagnose and treat hearing loss. Such physicians are also known
as otolaryngologists, otologists, and otorhinolaryngologists.
(3)
Extended absence--More than two consecutive working days
for any single continuing education experience.
(4)
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).
(5)
Health care professional--An individual required to be
licensed or registered under Texas Occupations Code, Chapter 401, or any person
licensed, certified, or registered by the state in a health-related profession.
(6)
Hearing instrument--A device designed for, offered for
the purpose of, or represented as aiding persons with or compensating for,
impaired hearing.
(7)
Hearing screening--A manually administered individual pure-tone
air conduction screening with pass/fail results for the purpose of rapidly
identifying those persons with possible hearing impairment which has the potential
of interfering with communication.
(8)
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.
(9)
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 instruments for that prospective
user, if such evaluation has been conducted in the presence of the dispenser
or a hearing instruments health professional selected by the dispenser to
assist the buyer in making such a determination.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004623
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.11-741.14
The amendments and new sections are proposed under the 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 Chapter 401 of the Texas Occupations Code,
and §401.204 which provides the Board with authority to set fees in amounts
that are reasonable and necessary to collect sufficient revenue to cover the
costs of administration of the Code.
These amendments and new sections affect the Texas Occupations Code, Chapter
401; Texas Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter
36 and 47; and Texas Government Code, §2001.039.
§741.11.Officers.
(a)
[
[
The
presiding officer
[
[
(b)
[
[
The
assistant presiding officer
[
[
(c)
[
[
The secretary-treasurer will sign the approved
minutes of the board[
[
§741.12.Committees.
(a)
The
presiding officer
[
(1)-(6)
(No change.)
(b)
(No change.)
(c)
Members appointed to the complaints committee shall consist
of one audiologist, one speech-language pathologist
,
and one public
member.
The committee presiding officer may call a meeting whenever necessary.
At least one of the past members, preferably the complaints committee
presiding officer
[
§741.13.Transaction of Official Business.
(a)
The fiscal year end shall be August 31st.
(b)
The board shall review annual board expenditures and proposed
budgets at the meeting held nearest to the fiscal year end.
(c)
The board shall elect, by a simple majority vote of those
members present, a presiding officer, an assistant presiding officer, and
a secretary-treasurer at the meeting held nearest to the fiscal year end.
If a vacancy occurs in any of the offices at any other time, it shall be filled
by a simple majority vote of those members present at any board meeting.
(d)
The executive secretary shall prepare and submit an agenda
to the board prior to each meeting. This agenda shall include:
(1)
items required by law;
(2)
items requested by members; and
(3)
other items of board business approved for discussion by
the presiding officer.
(e)
The board shall make all official decisions according to
parliamentary procedure as set forth in Robert's Rules of Order Revised. If
a question arises concerning interpretation of Robert's Rules of Order Revised,
the presiding officer or assistant presiding officer shall make the decision.
(f)
The board shall not be bound in any way by any statement
or action on the part of any board member, committee, or staff member except
when a statement or action is in pursuance of the specific instruction of
the board.
(g)
The official seal of the board shall consist of a circle
with the words "State Board of Examiners for Speech-Language Pathology and
Audiology" circularly arranged about the inner edge of the circle, and in
the center of the circle there shall be a five-pointed star, surrounded by
the live oak and the olive branches common to official seals of the State
of Texas.
(h)
The approved minutes of board meetings shall be official
only when authenticated by the seal of the board and affixed with the original
signatures of the presiding officer, the secretary-treasurer, and the executive
secretary.
(i)
All official records of the board, except files containing
information considered confidential under the provisions of the law relating
to open records, Texas Government Code, Chapter 552, and Article 4512j, §24A,
shall be open for inspection during regular office hours.
§741.14.Petition for Adoption of a Rule.
(a)
A person may submit a written petition to the board requesting
adoption of a rule. The petition shall contain the following:
(1)
the petitioner's name, address, and telephone number;
(2)
a brief explanation of and justification for the proposed
rule;
(3)
the text of the proposed rule prepared in a manner to indicate
the words to be added or deleted from the current text, if any;
(4)
a statement of the statutory or other authority under which
the rule is to be promulgated;
(5)
a statement of the public benefit anticipated as a result
of adopting the rule or the anticipated injury or inequity which could result
from the failure to adopt the proposed rule;
(6)
the cost of compliance for a small business, a microbusiness,
or persons who are required to comply with the rules and the effect on local
government;
(7)
a statement that details the financial impact on state
and local government; and
(8)
a statement that details the probable effect of the rule
on local employment.
(b)
The petition shall either be mailed to the Executive Secretary,
State Board of Examiners for Speech-Language Pathology and Audiology, 1100
West 49th Street, Austin, Texas 78756-3183, or hand delivered to the Executive
Secretary, State Board of Examiners for Speech-Language Pathology and Audiology,
8407 Wall Street, Room S-420, Austin, Texas 78754.
(c)
The executive secretary shall submit the completed petition
to the board for its consideration.
(d)
Within 60 days after receipt of the completed petition
by the executive secretary, the board shall either:
(1)
deny the petition;
(2)
initiate rule-making procedures in accordance with the
Administrative Procedure Act, Texas Government Code, Chapter 2001; or
(3)
deny parts of the petition and/or institute rule-making
procedures on parts of the petition.
(e)
If the board denies the petition, the executive secretary
shall give the petitioner written notice of the board's denial, including
the reason for the denial.
(f)
If the board initiates rule-making procedures, the version
of the rule which the board proposes may differ from the version proposed
by the petitioner.
(g)
All initial petitions for the adoption of a rule shall
be presented to and decided by the board in accordance with the provisions
of this section. The board may refuse to consider any subsequent petition
for the adoption of the same or similar rule submitted within six months after
the date of the initial petition.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004624
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.13-741.26
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.13.Transaction of Official Business.
§741.14.Elections.
§741.15.Agendas.
§741.16.Meetings.
§741.17.Rules of Parliamentary Procedures.
§741.18.Minutes.
§741.19.Attendance.
§741.20.Official Records.
§741.21.Seal.
§741.22.Policy against Discrimination.
§741.23.Impartiality.
§741.24.Policy Regarding Handicapped or Disabled Applicants.
§741.25.Reimbursement for Expenses.
§741.26.Petition for Adoption of a Rule.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004625
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.31-741.33
The amendments and new rule are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These amendments and new rule affect the Texas Occupations Code, Chapter
401; Texas Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter
36 and 47; and Texas Government Code, §2001.039.
§741.31.Communication Screening.
(a)
Communication screening should include cursory assessments
of language and speech to determine if
a delay or a disorder exists
[
(1)-(2)
(No change.)
(b)
Language
[
§741.32.Hearing Screening.
(a)
The board defined hearing
[
(1)
licensed speech-language pathologists
;
[
(2)
registered nurses licensed under
the Texas
Occupations Code, Chapter 303;
[
(3)
by individuals who have received training from
the Texas Department of Health Hearing Screening Program under Special Senses
and Communication Disorders Act,
Texas
Health and Safety Code,
Chapter 36.
(b)
Hearing screening shall be performed and interpreted
as follows.
(1)
Effective through August 31, 2001, use
a screening level of
[
[(1)
No response at the screening level at
any two frequencies in either ear is the criterion for failure.]
[(2)
Two failures in one ear or one failure
in each ear would be followed with a second pure-tone air conduction screening
of the same frequencies at 25 dB HL (re ANSI - 1989) within three to four
weeks.]
(2)
[
(A)
The criterion for failure is no response
at the screening level at any one frequency in either ear.
[(1)
No response at the screening level at
any one frequency in either ear is the criterion for failure.]
(B)
Screening failures will be followed with
a second pure-tone air conduction screening utilizing the same protocol within
three to four weeks.
[(2)
One failure in either ear would be followed
with a second pure-tone air conduction screening of the same frequencies at
20 dB HL (re ANSI-1989) within three to four weeks.]
(c)
[
§741.33.Newborn Hearing Screening.
Individuals licensed as speech-language pathologists, interns in speech-language
pathology, or assistants in speech-language pathology may participate in universal
newborn hearing screening as defined by the Texas Health and Safety Code,
Chapter 47.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004626
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.33
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Examiners for Speech-language Pathology and Audiology or
in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos
Street, Austin.)
The repeal is proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
The repeal affects the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.33.Stationary Acoustical Enclosure for the Purpose of Fitting and Dispensing of Hearing Instruments.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004627
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.41
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Examiners for Speech-Language Pathology and Audiology or
in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos
Street, Austin.)
The repeal is proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
The repeal affects the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.41.Code of Ethics.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004628
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.41
The new section is proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
The new section affects the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.41.Code of Ethics.
(a)
A licensee or registrant shall:
(1)
seek appropriate medical consultation whenever indicated;
(2)
seek to identify competent, dependable referral sources
for clients;
(3)
maintain objectivity in all matters concerning the welfare
of the client;
(4)
terminate a professional relationship when it is reasonably
clear that the client is not benefiting from the services being provided;
and
(5)
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 or registrant shall not:
(1)
engage in the medical treatment of speech-language and
hearing disorders;
(2)
guarantee, directly or by implication, the results of any
therapeutic procedures 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;
(3)
delegate any service requiring professional competence
of a licensee or registrant to anyone not licensed or registered for the performance
of that service;
(4)
provide services if the services can not be provided with
reasonable skill or safety to the client;
(5)
provide any services which create an unreasonable risk
that the client may be mentally or physically harmed;
(6)
engage in sexual contact, including intercourse, kissing
or fondling, with a client or an assistant, intern, or student supervised
by the licensee or registrant;
(7)
use alcohol or drugs when the use adversely affects or
could adversely affect the licensee's or registrant's provision of professional
services;
(8)
evaluate or treat speech, language, or hearing disorders
solely by correspondence;
(9)
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;
(10)
participate in activities that constitute a conflict of
professional interest which may include the following:
(A)
the exclusive recommendation of a product that the individual
owns or has produced;
(B)
lack of accuracy in the performance description of a product
a licensee or registrant has developed; or
(C)
the restriction of freedom of choice for sources of services
or products;
(11)
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; and
(12)
misrepresent his or her training or competence.
(c)
A licensee or registrant shall fully inform clients of
the:
(1)
results, in writing, of an evaluation within 60 days;
(2)
nature and possible effects of the services rendered; and
(3)
nature and possible effects of activities if the client
is participating in research or teaching activities.
(d)
A licensee or registrant shall not present false, misleading,
deceptive, or not readily verifiable information relating to the services
of the licensee or registrant or any person supervised or employed by the
licensee or registrant which includes, but is not limited to:
(1)
use of professional or commercial affiliations in any way
that would mislead clients or the public;
(2)
presenting false, misleading, or deceptive information
in connection with an application by the licensee or registrant for a license
issued under the Texas Occupations Code, Chapter 401, or for employment to
provide speech-language pathology or audiology services;
(3)
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; or
(E)
billing statements;
(4)
presenting false, misleading, or deceptive advertising
that is not readily subject to verification includes 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)
contains a testimonial;
(E)
causes confusion or misunderstanding as to the credentials,
education, or licensure of a health care professional;
(F)
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;
(G)
advertises or represents that the benefits of a health
benefit plan will be accepted as full payment when deductibles or co-payments
are required;
(H)
makes a representation that is designed to take advantage
of the fears or emotions of a particularly susceptible type of patient; and
(I)
advertises or represents in the use of a professional name,
a title, or professional identification that is expressly or commonly reserved
to or used by another profession or professional.
(e)
A licensee or registrant shall maintain accurate records
of professional services rendered as follows:
(1)
records must be maintained for seven consecutive years;
(2)
records are the responsibility and property of the entity
or individual who owns the practice or the practice setting; and
(3)
records created as a result of treatment in a school setting
shall be maintained as part of the student's permanent school record.
(f)
A licensee or registrant shall make a reasonable attempt
to notify each client of the name, mailing address, and telephone number of
the board for the purpose of directing complaints to the board by providing
notification on:
(1)
a sign prominently displayed in the primary place of business
of each licensee; and
(2)
a written document such as a written contract, a bill for
service, or office information brochure provided by a licensee or registrant
to a client or third party.
(g)
A licensee or registrant shall bill a client or a third
party only for the services actually rendered in the manner agreed to by the
licensee or registrant and the client or the client's authorized representative
and shall:
(1)
provide, in plain language, a written explanation of the
charges for speech-language pathology and/or audiology services previously
made on a bill or statement for the client upon the written request of a client,
a client's guardian, or a client's parent, if the client is a minor; and
(2)
comply with the Health and Safety Code, §311.0025,
which prohibits improper, unreasonable, or medically unnecessary billing by
hospitals or health care professionals.
(h)
A licensee or registrant shall inform the board of violations
of this code of ethics or of any other provision of the chapter by:
(1)
complying with any order relating to the licensee or registrant
which is issued by the board;
(2)
not aiding or abetting the practice of an unlicensed person
when that person is required to have a license or registration under the Texas
Occupations Code, Chapter 401;
(3)
reporting 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;
(4)
not interfering with a board investigation or disciplinary
proceeding by willful misrepresentation of facts to the board or the board's
designee or by the use of threats or harassment against any person; and
(5)
cooperating with the board by furnishing required documents
or papers and by responding to a request for information from or a subpoena
issued by the board or the board's designee within 30 days of the request.
(i)
A supervisor of an intern or assistant shall:
(1)
ensure that all services provided are in compliance with
this chapter and the Texas Occupations Code, Chapter 401, 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
approved the supervisory arrangement; and
(4)
limit the number of interns and assistants being supervised
to a combination of no more than four individuals. Non-compliance with this
requirement shall require submission to the board office of proof of need,
in writing, to be evaluated and approved on a case-by-case basis by the board's
designee.
(j)
In addition to the provisions listed in subsection (i)
of this section, a supervisor of an assistant shall:
(1)
be responsible for evaluations, interpretation, and case
management of the assistant's clients; 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).
(k)
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 Texas Occupations Code, Chapter 401; or any other law, the
intern or assistant shall refuse to do so and immediately notify the board
office and any other appropriate authority.
(l)
A licensee or registrant 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 patients
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.
(m)
A licensee or registrant who provides direct patient 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.
(n)
A licensee or registrant shall be subject to disciplinary
action by the board if the licensee or registrant is issued a public letter
of 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.
(o)
A licensee's or registrant's renewal shall be subject to
the Family Code, Chapter 232, concerning failure to pay child support.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004629
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.61, 741.62, 741.64, 741.65, 741.67
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.61.Requirements for a Speech-Language Pathology License.
§741.62.Requirements for an Intern in Speech-Language Pathology License.
§741.64.Requirements for a Provisional Speech-Language Pathology License.
§741.65.Requirements for an Assistant in Speech-Language Pathology License.
§741.67.Requirements for a Limited License To Practice Speech-Language Pathology in the Public Schools.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004630
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.61-741.66
The amendments new sections are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These amendments and new sections affect the Texas Occupations Code, Chapter
401; Texas Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter
36 and 47; and Texas Government Code, §2001.039.
§741.61.Requirements for a Speech-Language Pathology License.
(a)
An applicant for the speech-language pathology license
shall meet the requirements set out in the Texas Occupations Code, §401.304
and §401.305, and this section.
(b)
The graduate 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 and holds accreditation
or candidacy status from a recognized regional accrediting agency.
(1)
Original or certified copies of transcripts shall verify
the applicant completed the following with a grade of "C" or above:
(A)
at least 36 semester credit hours shall be in professional
course work acceptable toward a graduate degree with at least 30 semester
credit hours awarded graduate credit;
(B)
at least 24 semester credit hours acceptable toward a graduate
degree shall be earned in the area of speech-language pathology as follows:
(i)
six graduate semester credit hours in speech disorders;
(ii)
six graduate semester credit hours in language disorders;
and
(iii)
other graduate semester credit hours in courses that
include information on the understanding, evaluation, treatment, and prevention
of communication disorders across all age spans in a variety of disorders;
and
(C)
six semester credit hours shall be earned in the area of
audiology as follows:
(i)
three semester credit hours in hearing disorders and hearing
evaluation; and
(ii)
three semester credit hours in habilitative or rehabilitative
procedures with individuals who have hearing impairment.
(2)
A maximum of six academic semester credit hours associated
with clinical experience and a maximum of six academic semester credit hours
associated with a thesis or dissertation may be counted toward the 36 hours
but not in lieu of the requirements of paragraphs (1)(B) and (1)(C) of this
subsection.
(3)
Semester credit hours earned prior to the date the baccalaureate
degree is granted are not acceptable as meeting the requirement of paragraph
(1)(B) of this subsection.
(4)
A quarter hour of academic credit shall be considered as
two-thirds of a semester credit hour.
(5)
An applicant who possesses a master's degree with a major
in audiology and is pursuing a license in speech-language pathology may apply
if the board has an original transcript showing completion of a master's degree
with a major in audiology on file and a letter from the program director or
designee of the college or university stating that the individual completed
enough hours to establish a graduate level major in speech-language pathology
and would meet the academic and clinical experience requirements for a license
as a speech-language pathologist.
(6)
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.
(c)
An applicant shall complete at least 25 clock hours of
supervised observation before completing the minimum of the following hours
of supervised clinical experience, which may be referred to as clinical practicum,
with individuals who present a variety of communication disorders within an
educational institution or in one of its cooperating programs:
(1)
275 clock hours if the master's degree was earned prior
to November 10, 1993; or
(2)
350 clock hours if the master's degree was earned on or
after November 10, 1993.
(d)
An applicant shall obtain 36 weeks of full-time, or its
part-time equivalent, of supervised professional experience in which bona
fide clinical work has been accomplished in speech-language pathology as set
out in §741.62 of this title (relating to Requirements for an Intern
in Speech-Language Pathology License).
(1)
An individual shall be licensed under §741.62 of this
title prior to the beginning of the supervised professional experience.
(2)
The supervisor of an individual who completed an internship
in another state and met the requirements set out in §741.62 of this
title shall:
(A)
be licensed in that other state, rather than Texas; or
(B)
hold the American Speech-Language-Hearing Association certificate
of clinical competence in speech-language pathology if the other state did
not require licensing.
(e)
An applicant shall pass the examination as referenced by §741.121
of this title (relating to Examination Administration) within:
(1)
the past 10 years; and
(2)
two years of the completion date of the internship referenced
in subsection (d) of this section.
(f)
In the event the applicant passed the examination referenced
in subsection (e) 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 speech-language pathology license. The
applicant shall obtain the intern license as required by §741.62 of this
title prior to repeating the internship.
(g)
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 §741.63 of this title (relating to Waiver
of Licensure for Speech-Language Pathologists).
§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 Texas Occupations Code, §401.311,
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 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 Formal Hearings; Surrender of License or Registration)
shall not apply. The applicant may reapply for the license when the requirements
of this section are met.
(c)
An original or certified copy of the transcripts is required
and shall be evaluated under §741.61(b) of this title.
(d)
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 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 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.
(f)
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 a master's degree with a major in one of the areas of
communicative sciences and disorders.
(1)
Approval from the board office shall be required prior
to practice by the intern. The form shall be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
when other supervisors are added.
(2)
In the event more than one licensed speech-language pathologist
agrees to supervise the intern, the primary supervisor shall be identified
and separate forms submitted by each supervisor.
(3)
An intern may renew the license without submitting a new
form but may not practice.
(4)
In the event the supervisor ceases supervision of the intern,
the intern shall stop practicing immediately.
(5)
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.
(g)
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 consecutive
months once initiated;
(3)
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 speech-language pathology. Full-time employment is defined
as a maximum of 30 hours per week in direct patient/client clinical work.
Part-time equivalent is defined as follows:
(A)
0-15 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;
(4)
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;
(5)
be divided into three segments with no fewer than 36 clock
hours of supervisory activities to include:
(A)
six face-to-face observations per segment by the board
approved supervisor of the intern's direct client contact at the worksite
in which the intern provides screening, evaluation, assessment, habilitation,
and rehabilitation; and
(B)
six other monitoring activities per segment with the board
approved supervisor which may include correspondence, review of videotapes,
evaluation of written reports, phone conferences with the intern, evaluations
by professional colleagues; and
(6)
not be initiated if other options to complete the supervisory
process set out in paragraph (5) of this section are requested unless approval
by the board's designee is granted. The supervisor shall provide a detailed
plan of supervision, in writing, with the request.
(h)
An applicant who does not meet the time frames defined
in subsection (g)(1)-(2) of this section shall request an extension, in writing,
explaining the reason for 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.
(i)
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. The board may request a copy of this documentation.
(j)
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. The board office shall evaluate the form
and inform the intern of the results.
(2)
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.
(3)
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.
(k)
Any reference to the licensee's title shall state clearly
that the license status is that of an intern in speech-language pathology.
(l)
An intern who completed the 36 weeks of full-time, or its
part-time equivalent, of supervised professional experience as defined in
subsection (g) of this section and wishes to continue to practice, 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.
(m)
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 submit a signed statement
agreeing 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.
Waiver
[
An applicant for the speech-language pathology license seeking
to waive the requirements as set out in the Texas Occupations Code, §401.308(f),
and §741.61 of this title (relating to Requirements for a Speech-Language
Pathology License) shall be issued the license if the applicant holds the
American Speech-Language-Hearing Association certificate of clinical competence
in speech-language pathology
[
§741.64.Requirements for a Provisional Speech-Language Pathology License.
(a)
An applicant for the provisional speech-language pathology
license shall meet the requirements set out in the Texas Occupations Code, §401.308(a)-(e),
and this section.
(b)
An applicant who did not pass a state validated examination
required for licensure in speech-language pathology shall be required to pass
the examination referenced in §741.121 of this title (relating to Examination
Administration) within the past ten years.
(c)
An applicant shall submit proof as defined in §741.112(d)
of this title (relating to Required Application Materials) and, if found acceptable,
the provisional license shall be issued to expire in 180 days.
(d)
To obtain the speech-language pathology license, the provisional
license holder shall submit before expiration date of the provisional license
documentation defined in either:
(1)
Section 741.112(a)(3)-(6) of this title that all requirements
set out in the Texas Occupations Code, §401.304 and §401.305, and §741.61
of this title (relating to Requirements for a Speech-Language Pathology License)
have been met; or
(2)
Section 741.112(c)(3) and (4) of this title if the American
Speech-Language-Hearing Association certificate of clinical competence in
speech-language pathology is acquired.
(e)
The provisional license holder shall cease practicing if
the documentation required by subsection (d) of this section is not received
and approved by the board within 180 days of the issuance of the provisional
license.
§741.65.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 Texas Occupations Code, §401.312,
and this section within 10 years of the date of application for the assistant
license.
(b)
An assistant is an individual who provides speech-language
pathology support services to clinical programs under supervision of a licensed
speech-language pathologist 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 speech-language
pathology 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 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.
(c)
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 (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 speech-language pathology 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 Formal Hearings; Surrender of License or Registration)
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)
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 Texas Occupations Code,
Chapter 401, 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
Material) 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 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 completion 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 required 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 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 paragraphs (4) and (5) 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.
(1)
Approval from the board office shall be required prior
to practice by the assistant. The form shall be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
when other supervisors are added.
(2)
In the event more than one licensed speech-language pathologist
agrees to supervise the assistant, the primary supervisor shall be identified
and separate forms submitted by each supervisor.
(3)
An assistant may renew the license without submitting a
new form but may not practice.
(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 against the
supervisor shall also be initiated.
(g)
Direct supervision of speech-language pathology duties
assigned to the assistant shall be provided by a licensed speech-language
pathologist.
(1)
Diagnostic contacts shall be conducted by the supervising
licensed speech-language pathologist. This contact may include evaluation
of the client.
(2)
Following the diagnostic contact, the supervising speech-language
pathologist shall determine whether the assistant has the competence to perform
specific duties before delegating tasks.
(3)
The supervising speech-language pathologist shall provide
the minimum of no less than two hours per week, at least half 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 speech-language pathologist 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 speech-language
pathologist shall annually resubmit a request to be evaluated by the board's
designee.
(7)
Supervisory records shall be maintained by the licensed
speech-language pathologist 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.
(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 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 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;
(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.
(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)
present speech-language pathology 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 or individual education plan
(IEP);
(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
speech-language pathologist; or
(K)
practice as an assistant in speech-language pathology without
a valid supervisory responsibility statement on file in the board office.
(i)
A licensed assistant in speech-language pathology may attend
staff meetings or admission, review, and dismissal (ARD) without the presence
of the licensed speech-language pathology supervisor if speech-language pathology
consultation or deliberation is not required, provided the following conditions
are met:
(1)
The supervisor shall:
(A)
verify and document that the assistant has practiced as
an assistant in Texas for three or more years or the equivalent time of practice
in another state;
(B)
verify and document the competency of the assistant;
(C)
sign agreement to all ARD's; and
(D)
sign and consult with the assistant on all reports.
(2)
If all conditions stipulated in paragraph (1) of this subsection
are met, the supervisor may allow the assistant to:
(A)
participate in routine monitoring or to schedule changes;
(B)
present written reports signed by the licensed speech-language
pathologist at staff meetings; and
(C)
present the speech-language pathologist's written recommendation
for routine dismissal or admission if all parties are in agreement.
(3)
The assistant shall not sign the ARD form as the speech-language
pathology representative.
(j)
Any reference to the licensee's title shall state clearly
that the license status is that of an assistant in speech-language pathology.
(k)
The board shall audit 10% of licensed assistants each month
for compliance with this section and §741.41 of this title (relating
to the Code of Ethics).
(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 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.
§741.66.Requirements for a Temporary Certificate of Registration in Speech-Language Pathology.
(a)
An applicant for a
[
(b)
If issued, this certificate entitles an applicant approved
for examination
as required by §741.121 of this title (relating
to Examination Administration)
to practice speech-language pathology
for a period of time ending eight weeks after the
next scheduled examination
[
(c)
(No change.)
§741.67.Requirements for a Limited License to Practice Speech-Language Pathology in the Public Schools.
An applicant who applied for the limited licenses to practice speech-language
pathology in the public schools on or before September 1, 1996; met the requirements
of the Texas Occupations Code, §401.314; and was engaged in the practice
of speech-language pathology within two years prior to September 1, 1983,
was issued the limited license. The license may be renewed as set out in §741.161
of this title (relating to Renewal Procedures) annually; however, the license
shall not be renewed past January 1, 2003.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004631
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.81, 741.82, 741.84, 741.85, 741.87
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.81.Requirements for an Audiology License.
§741.82.Requirements for an Intern in Audiology License.
§741.84.Requirements for a Provisional Audiology License.
§741.85.Requirements for an Assistant in Audiology License.
§741.87.Requirements for Registration of Audiologists and Interns in Audiology who Fit and Dispense Hearing Instruments.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004632
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.81-741.86
The new sections and amendments are proposed under the 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 Chapter 401 of the Texas Occupations Code,
and §401.204 which provides the Board with authority to set fees in amounts
that are reasonable and necessary to collect sufficient revenue to cover the
costs of administration of the Code.
These new sections and amendments affect the Texas Occupations Code, Chapter
401; Texas Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter
36 and 47; and Texas Government Code, §2001.039.
§741.81.Requirements for an Audiology License.
(a)
An applicant for the audiology license shall meet the requirements
set out in the Texas Occupations Code, §401.304 and §401.305, and
this section.
(b)
The graduate 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 and holds accreditation
or candidacy status from a recognized regional accrediting agency.
(1)
Original or certified copies of transcripts shall verify
the applicant completed the following with a grade of "C" or above:
(A)
at least 36 semester credit hours shall be in professional
course work acceptable toward a graduate degree with at least 30 semester
credit hours awarded graduate credit;
(B)
at least 24 semester credit hours acceptable toward a graduate
degree shall be earned in the area of audiology as follows:
(i)
six graduate semester credit hours in hearing disorders
and hearing evaluation;
(ii)
six graduate semester credit hours in habilitative/rehabilitative
procedures with individuals who have hearing impairment; and
(iii)
other graduate semester credit hours in courses that
include information on hearing disorders, hearing evaluations, habilitative/rehabilitative
procedures, and preventive methods including the study of auditory disorders
and habilitative/rehabilitative procedures across the life span; and
(C)
six semester credit hours shall be earned in the area of
speech-language pathology as follows:
(i)
three semester credit hours in speech disorders; and
(ii)
three semester credit hours in language disorders.
(2)
A maximum of six academic semester credit hours associated
with clinical experience and a maximum of six academic semester credit hours
associated with a thesis or dissertation may be counted toward the 36 hours
but not in lieu of the requirements of paragraphs (1)(B) and (1)(C) of this
subsection.
(3)
Semester credit hours earned prior to the date the baccalaureate
degree is granted are not acceptable as meeting the requirement of paragraph
(1)(B) of this subsection.
(4)
A quarter hour of academic credit shall be considered as
two-thirds of a semester credit hour.
(5)
An applicant who possesses a master's degree with a major
in speech-language pathology and is pursuing a license in audiology may apply
if the board has an original transcript showing completion of a master's degree
with a major in speech-language pathology on file and a letter from the program
director or designee of the college or university stating that the individual
completed enough hours to establish a graduate level major in audiology and
would meet the academic and clinical experience requirements for a license
as an audiologist.
(6)
An applicant who graduated from a college or university
not accredited by the American Speech-Lanugage 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.
(c)
An applicant shall complete at least 25 clock hours of
supervised observation before completing the minimum of the following hours
of supervised clinical experience, which may be referred to as clinical practicum,
with individuals who present a variety of communication disorders within an
educational institution or in one of its cooperating programs:
(1)
275 clock hours if the master's degree was earned prior
to November 10, 1993; or
(2)
350 clock hours if the master's degree was earned on or
after November 10, 1993.
(d)
An applicant shall obtain 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 as set out in §741.82
of this title (relating to Requirements for an Intern in Audiology License).
(1)
An individual shall be licensed under §741.82 of this
title prior to the beginning of the supervised professional experience.
(2)
The supervisor of an individual who completed an internship
in another state and met the requirements set out in §741.82 of this
title shall:
(A)
be licensed in that other state, rather than Texas; or
(B)
hold the American Speech-Language-Hearing Association certificate
of clinical competence in audiology if the other state did not require licensing.
(e)
An applicant shall pass the examination as referenced by §741.121
of this title (relating to Examination Administration) within:
(1)
the past 10 years; and
(2)
two years of the completion date of the internship referenced
in subsection (d) of this section.
(f)
In the event the applicant passed the examination referenced
in subsection (e) 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 §741.62 of this title (relating
to Requirments for an Intern in Speech-Language Pathology Lincense) prior
to repeating the internship.
(g)
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 Licensure for Audiologists).
§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 Texas Occupations Code, §401.311,
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. If an applicant is required to earn additional course
work or continuing professional education hours, §741.193 of this title
(relating to Formal Hearings; Surrender of License or Registration) shall
not apply. The applicant may reapply for the license when the requirements
of this section are met.
(c)
An original or certified copy of the transcripts 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 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.
(f)
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 with a major in one of the areas of communicative sciences
and disorders.
(1)
Approval from the board office shall be required prior
to practice by the intern. The form shall be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
when other supervisors are added.
(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)
An intern may renew the license without submitting a new
form but may not practice.
(4)
In the event the supervisor ceases supervision of the intern,
the intern shall stop practicing immediately.
(5)
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.
(g)
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 consecutive
months once initiated;
(3)
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 maximum
of 30 hours per week in direct patient/client clinical work. Part-time equivalent
is defined as follows:
(A)
0-15 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;
(4)
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;
(5)
be divided into three segments with no fewer than 36 clock
hours of supervisory activities to include:
(A)
six face-to-face observations per segment by the board
approved supervisor of the intern's direct client contact at the worksite
in which the intern provides screening, evaluation, assessment, habilitation,
and rehabilitation; and
(B)
six other monitoring activities per segment with the board
approved supervisor which may include correspondence, review of videotapes,
evaluation of written reports, phone conferences with the intern, evaluations
by professional colleagues; and
(6)
not be initiated if other options to complete the supervisory
process set out in paragraph (5) of this section are requested unless approval
by the board's designee is granted. The supervisor shall provide a detailed
plan of supervision, in writing, with the request.
(h)
An applicant who does not meet the time frames defined
in subsection (g)(1)-(2) of this section shall request an extension, in writing,
explaining the reason for 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.
(i)
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.
The board may request a copy of this documentation.
(j)
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. The board office shall evaluate the form
and inform the intern of the results.
(2)
If the intern changes his or her employer but the supervisor
and the number 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.
(3)
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.
(k)
Any reference to the licensee's title shall state clearly
that the license status is that of an intern in audiology.
(l)
An intern who completed the 36 weeks of full-time, or its
part-time equivalent, of supervised professional experience as defined in
subsection (g) of this section and wishes to continue to practice, 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 §741.86
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 shall submit a statement agreeing
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.
Waiver of
[
An applicant for the audiology license seeking to waive the requirements
as set out in the Texas Occupations Code, §401.308(f), and §741.81
of this title (relating to Requirements for an Audiology License) shall be
issued the license if the applicant holds the American Speech-Language-Hearing
Association certificate of clinical competence in audiology
[
§741.84.Requirements for a Provisional Audiology License.
(a)
An applicant for the provisional audiology license shall
meet the requirements set out in the Texas Occupations Code, §401.308(a)-(e),
and this section.
(b)
An applicant who did not pass a state validated examination
required for licensure in audiology shall be required to pass the examination
referenced in §741.121 of this title (relating to Examination Administration)
within the past ten years.
(c)
An applicant shall submit proof as defined in §741.112(d)
of this title (relating to Required Application Materials) and, if found acceptable,
the provisional license shall be issued to expire in 180 days.
(d)
To obtain the audiology license, the provisional license
holder shall submit before expiration date of the provisional license documentation
defined in either:
(1)
section 741.112(a)(3)-(6) of this title that all requirements
set out in the Texas Occupations Code, §401.304 and §401.305, and §741.81
of this title (relating to Requirements for an Audiology License) have been
met; or
(2)
section 741.112(c)(3) and (4) of this title if the American
Speech-Language-Hearing Association certificate of clinical competence in
speech-language pathology is acquired.
(e)
The provisional license holder shall cease practicing if
the documentation required by subsection (d) of this section is not received
and approved by the board within 180 days of the issuance of the provisional
license.
§741.85.Requirements for an Assistant in Audiology License.
(a)
An applicant for an assistant in audiology license shall
meet the requirements set out in the Texas Occupations Code, §401.312,
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 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 (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 Formal Hearings; Surrender of License or Registration) 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)
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 Texas Occupations Code,
Chapter 401, 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
Material) 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.
(f)
A supervisory responsibility statement 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 assistant.
(1)
Approval from the board office shall be required prior
to practice by the assistant. The form shall be submitted upon:
(A)
application for a license;
(B)
license renewal;
(C)
changes in supervision; and
(D)
when other supervisors are added.
(2)
In the event more than one licensed audiologist agrees
to supervise the assistant, the primary supervisor shall be identified and
separate forms submitted by each supervisor.
(3)
An assistant may renew the license without submitting a
new form but may not practice.
(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 against the
supervisor shall also be initiated.
(g)
Direct supervision of audiology duties assigned to the
assistant shall be provided by a licensed audiologist.
(1)
Diagnostic contacts shall be conducted by the supervising
licensed audiologist. This contact may include evaluation of the client.
(2)
Following the diagnostic contact, the supervising audiologist
shall determine whether the assistant has the competence to perform specific
duties before delegating tasks.
(3)
The supervising audiologist shall provide the minimum of
no less than two hours per week, at least half 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 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.
(h)
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)
present 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.
(i)
A licensed assistant in audiology may attend staff meetings
or admission, review, and dismissal (ARD) without the presence of the licensed
audiology supervisor if audiology consultation or deliberation is not required,
provided the following conditions are met.
(1)
The supervisor shall:
(A)
verify and document that the assistant has practiced as
an assistant in Texas for three or more years or the equivalent time of practice
in another state;
(B)
verify and document the competency of the assistant;
(C)
sign agreement to all ARD's; and
(D)
sign and consult with the assistant on all reports.
(2)
If all conditions stipulated in paragraph (1) of this subsection
are met, the supervisor may allow the assistant to:
(A)
participate in routine monitoring or to schedule changes;
(B)
present written reports signed by the licensed audiologist
at staff meetings; and
(C)
present the audiologist's written recommendation for routine
dismissal or admission if all parties are in agreement.
(3)
The assistant shall not sign the ARD form as the audiology
representative.
(j)
Any reference to the licensee's title shall state clearly
that the license status is that of an assistant in audiology.
(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 will audit 10% of licensed assistants each month
for compliance with this section and §741.41 of this title (relating
to the Code of Ethics).
(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.
§741.86.Requirements for a Temporary Certificate of Registration in Audiology.
(a)
An applicant for a
[
(b)
If issued, this certificate entitles an applicant approved
for examination
as required by §741.121 of this title (relating
to Examination Administration)
to practice audiology for a period of
time ending eight weeks after the
next scheduled examination
[
(c)
The temporary certificate of registration
does not include a provision to allow the holder to fit and dispense hearing
instruments.
(d)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004633
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.91
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the State Board of Examiners for Speech-Language Pathology and Audiology or
in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos
Street, Austin.)
The repeal is proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
The repeal affects the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.91.Requirements for Dual License.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004634
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.91
The new section is proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
The new section affects the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.91.Requirements for Dual Licenses in Speech-Language Pathology and Audiology.
(a)
An applicant for dual licenses in speech-language pathology
and in audiology as referenced in the Texas Occupations Code, §401.302(d),
shall meet the requirements set out in:
(1)
section 741.63 of this title (relating to a Waiver of Licensure
for a Speech-Language Pathologist) and §741.83 of this title (relating
to a Waiver of Licensure for an Audiologist); or
(2)
section 741.61 of this title (relating to Requirements
for a Speech-Language Pathology License) and §741.81 of this title (relating
to Requirements for an Audiology License) with the following exceptions.
(A)
Instead of the number of semester credit hours of course
work referenced in §741.61(b) of this title and §741.81(b) of this
title, the applicant shall have completed:
(i)
at least 42 semester credit hours in professional course
work acceptable toward a graduate degree with at least 21 semester credit
hours awarded graduate credit in speech-language pathology and at least 21
semester credit hours awarded graduate credit in audiology;
(ii)
at least 30 semester credit hours acceptable toward a
graduate degree in the area of speech-language pathology as follows:
(I)
at least six graduate semester credit hours in speech disorders;
and
(II)
at least six graduate semester credit hours in language
disorders;
(iii)
at least 30 semester credit hours acceptable toward a
graduate degree in the area of audiology as follows:
(I)
at least six graduate semester credit hours in hearing
disorders and hearing evaluations; and
(II)
at least six graduate semester credit hours in habilitative/rehabilitative
procedures with individuals who have hearing impairment.
(B)
Instead of the number of hours of supervised clinical observation
and experience referenced in §741.61(c) of this title and §741.81(c)
of this title, the applicant shall have completed at least:
(i)
25 credit hours of supervised observation in evaluation
and treatment of children and adults with disorders of speech, language, or
hearing prior to beginning 500 graduate credit hours of direct clinical experience;
and
(ii)
500 minimum graduate credit hours of clinical experience
with at least 250 credit hours in speech-language pathology under direction
of a master's degreed licensed speech-language pathology and at least 250
credit hours in audiology under direction of a master's degreed licensed audiologist.
(b)
Academic credit for clinical experience cannot be used
to satisfy the minimum requirements of at least 21 graduate semester credit
hours in speech-language pathology and at least 21 graduate semester credit
hours in audiology.
(c)
Transcripts shall be evaluated as set out in either §741.61(b)
of this title or §741.81(b) of this title.
(d)
A speech-language pathology license and an audiology license
shall be issued individually.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004635
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.101 - 741.103
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.101.Purpose.
§741.102. General.
§741.103.Required Application Materials.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004636
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.101 - 741.103
The new sections are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These new sections affect the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.101.Requirements for Registration of Audiologists and Interns in Audiology Who Fit and Dispense Hearing Instruments.
(a)
An applicant for the fitting and dispensing of hearing
instruments registration shall meet the requirements set out in the Texas
Occupations Code, §401.403(b), and be licensed under §741.81 of
this title (relating to Requirements for an Audiology License) or §741.82
of this title (relating to Requirements for an Intern in Audiology License).
(b)
A licensed intern in audiology shall only fit and dispense
hearing instruments under supervision of the licensed audiologist approved
by the board office to supervise the internship.
§741.102.General Practice Requirements of Audiologists and Interns in Audiology who Fit and Dispense Hearing Instruments.
In accordance with the Texas Occupations Code, §§401.401,
401.403, and 401.404, 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, 1969, Specification for
Audiometers, or S3.6, 1989, Specification for Audiometers, which the board
adopts by reference in this paragraph. Licensees shall use the specification
section referenced depending upon the date the equipment was manufactured.
The standards are available through the American National Standards Institute,
11 West 42nd Street, 13th Floor, New York, New York, 10036, or from the board
office;
(3)
receive a written statement before selling a hearing instrument
that is signed by a licensed physician 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.
(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.
§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 Texas Occupations Code, Chapter 401, a licensed
audiologist or licensed intern in audiology registered to fit and dispense
hearing instrument, shall comply with this section when testing hearing for
the purpose of determining the need for amplification.
(1)
The American National Standards Institute (ANSI) "earns
covered" octave band criteria for permissible ambient noise levels during
audiometric testing must be adhered to. The "ears covered" permissible ambient
noise levels are shown on the chart.
Figure: 22 TAC §741.103(1)
(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 Texas Occupations Code, §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 deemed necessary but verification
measures cannot be completed in a stationary acoustical enclosure, instrumentation
that is minimally affected by ambient noise, such as real ear measure, shall
be utilized to assure the appropriate fit of the amplification.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004637
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.111, §741.112
The new sections are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These new sections affect the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.111.Application Submission.
(a)
An applicant shall submit required information and documentation
of credentials on official board forms. Forms and application materials shall
be obtained from and returned to: State Board of Examiners for Speech-Language
Pathology and Audiology, 1100 West 49th Street, Austin, Texas 78756-3183 unless
accompanied by a fee. If the fee is included with the documentation, return
to the board at: State Board of Examiners for Speech-Language Pathology and
Audiology, Texas Department of Health, P.O. Box 12197, Capitol Station, Austin,
Texas 78711-2197.
(b)
The application shall not be considered as officially submitted
without receipt of all forms and documentation required by §741.112 of
this title (relating to Required Application Materials) and the application
and initial license fee as referenced in the Texas Occupations Code, §401.302
and §401.303, and define in §741.181(1) of this title (relating
to Schedule of Fees).
(c)
The board office shall notify the applicant within the
time periods established in §741.182 of this title (relating to Processing
Procedures) whether:
(1)
the request for the license was approved; or
(2)
additional documentation is required.
(d)
If additional documentation is required, the request for
the license shall remain open no longer than 90 days following the date the
board office received the request for the license.
(e)
If the documentation requested is not received before the
90 days referenced in subsection (d) of this section, the request for the
license shall be deleted and the fee forfeited.
§741.112.Required Application Materials.
(a)
An applicant applying for a speech-language pathology or
audiology license under §741.61 of this title (relating to Requirements
for a Speech-Language Pathology License) or §741.81 of this title (relating
to Requirements for an Audiology License) shall submit the following:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days;
(2)
the application and initial license fee;
(3)
an original or certified copy of transcript(s) of all relevant
course work which also verifies that the applicant possesses a minimum of
a master's degree with a major in one of the areas of communicative sciences
or disorders; however, an applicant who graduated from a college or university
with a program not accredited by the American Speech-Language- Hearing Association
Council for Academic Accreditation, shall submit an original signed letter
from the American Speech-Language-Hearing Association stating the Clinical
Certification Board accepted the course work and clinical experience;
(4)
an original board course work and clinical experience form
completed by the director or designee of the college or university attended
which verifies the applicant has met the requirements established in §741.61
(b)-(c) of this title or §741.81 (b)-(c) of this title;
(5)
an original board report of completed internship form completed
by the applicant's supervisor and signed by both the applicant and the supervisor;
however, if the internship was completed out-of-state, the supervisor shall
also submit a copy of his or her diploma or transcript showing the master's
degree in one of the areas of communicative sciences and disorders had been
conferred and a copy of a valid license to practice in that state. If that
state did not require licensure, the supervisor shall submit an original letter
from the American Speech- Language-Hearing Association stating the certificate
of clinical competence is currently held in addition to proof of a master's
degree in communicative sciences and disorders; and
(6)
an original or certified statement from the Educational
Testing Service showing the applicant passed the examination described in §741.121
of this title (relating to Examination Administration) within the time period
established in §741.61(e) or §741.81(e) of this title.
(b)
An applicant applying for an intern in speech-language
pathology license under §741.62 of this title (relating to Requirements
for an Intern in Speech-Language Pathology License) or an intern in audiology
license under §741.82 of this title (relating to Requirements for an
Intern in Audiology License) shall submit the following:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days;
(2)
the application and initial license fee;
(3)
an original or certified copy of transcript(s) of all relevant
course work which also verifies that the applicant possesses a minimum of
a master's degree with a major in one of the areas of communicative sciences
or disorders; however, an applicant who graduated from a college or university
with a program not accredited by the American Speech-Language- Hearing Association
Council for Academic Accreditation, shall submit an original signed letter
from the American Speech-Language-Hearing Association stating the Clinical
Certification Board accepted the course work and clinical experience;
(4)
if the master's degree has not been officially conferred,
an original or certified copy of transcript(s) and a letter signed by the
program director or designee at the university attended verifying the applicant
successfully completed all requirements for the master's degree, and is only
awaiting the date of next graduation for the degree to be conferred;
(5)
an original board course work and clinical experience form
completed by the director or designee of the college or university attended
which verifies the applicant has met the requirements established in §741.61(b)-(c)
of this title or §741.81(b)-(c) of this title; and
(6)
a current, original board intern plan and agreement of
supervision form completed by the supervisor and signed by both the applicant
and the supervisor.
(c)
An applicant who holds the American Speech-Language-Hearing
Association certificate of clinical competence applying for licensure under §741.63
of this title (relating to Waiver of Licensure for Speech-Language Pathologists)
or §741.83 of this title (relating to Waiver of Licensure for Audiologists)
shall submit the following:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days;
(2)
the application and initial license fee;
(3)
an original or certified copy of a signed letter from the
American Speech- Language-Hearing Association which verifies the applicant
currently holds the certificate of clinical competence in the area in which
the applicant has applied for license; and
(4)
an original or certified copy of transcript(s) of all relevant
course work which also verifies that the applicant possesses a minimum of
a master's degree with a major in one of the areas of communicative sciences
or disorders; however, an applicant who graduated from a college or university
with a program not accredited by the American Speech-Language- Hearing Association
Council for Academic Accreditation, shall submit an original signed letter
from the American Speech-Language-Hearing Association stating the Clinical
Certification Board accepted the course work and clinical experience.
(d)
An applicant applying for a speech-language pathology or
audiology provisional license under §741.64 of this title (relating to
Requirements for a Provisional Speech- Language Pathology License) or §741.84
of this title (relating to Requirements for a Provisional Audiology License)
shall submit the following:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days;
(2)
the provisional application and initial license fee;
(3)
a copy of the licensing law and rules from the state of
the applicant's previous residence;
(4)
a copy of the applicant's license from another state;
(5)
an original letter or form completed by that state's licensing
board with board seal affixed which verifies:
(A)
name and social security number of the applicant;
(B)
whether the applicant holds a current valid license;
(C)
the area of licensure;
(D)
the date the license was issued;
(E)
the date the license expires or expired;
(F)
the licensure qualifications that were met by applicant;
(G)
whether the applicant passed an examination required for
state licensure and the name of the examination;
(H)
whether the license had ever been revoked, canceled or
suspended; and
(I)
whether disciplinary proceedings were initiated;
(6)
an original or certified statement from the Educational
Testing Service which verifies the applicant passed the examination described
in §741.121 of this title within the past 10 years if no examination
is listed under paragraph (5)(G) of this subsection;
(7)
a signed statement from an individual licensed by this
board who will accept sponsorship of the applicant's practice unless the board
approved a request to waive this requirement because it would constitute a
hardship; and
(8)
once documentation required in this paragraph has been
received and a provisional license issued, the provisional license holder
shall submit additional documentation as required by §741.64(d) of this
title (relating to Requirements for a Provisional Speech- Language Pathology
License) or §741.84(d) of this title (relating to Requirements for a
Provisional Audiology License) in order to receive a full license.
(e)
An applicant applying for an assistant in speech-language
pathology license under §741.65 of this title (relating to Requirements
for an Assistant in Speech-Language Pathology License) or an assistant in
audiology license under §741.85 of this title (relating to Requirements
for an Assistant in Audiology License) shall submit the following:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days;
(2)
the application and initial license fee;
(3)
a current, original board supervisory responsibility statement
form completed by the licensed supervisor who agrees to accept responsibility
for the services provided by the assistant and signed by both the applicant
and the supervisor;
(4)
an original or certified copy of transcript(s) of relevant
course work which also verifies that the applicant possesses a baccalaureate
degree with an emphasis in speech- language pathology and/or audiology;
(5)
an original board clinical observation and experience form
completed by the director or designee of the college or university training
program verifying the applicant completed the requirements set out in §741.65
(b)(3) of this title or §741.85 (b)(3) of this title; and
(6)
for an applicant who did not obtain the hours referenced
in paragraph (5) of this subsection, a clinical deficiency plan to obtain
the hours.
(f)
An applicant applying for a speech-language pathology temporary
certificate of registration under §741.66 of this title (relating to
Requirements for a Temporary Certificate of Registration in Speech-Language
Pathology) or an audiology temporary certificate of registration under §741.86
of this title (relating to Requirements for a Temporary Certificate of Registration
in Audiology) shall submit the following:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days;
(2)
the temporary certificate of registration fee;
(3)
an original or certified copy of transcript(s) of all relevant
course work which also verifies that the applicant possesses a minimum of
a master's degree with a major in one of the areas of communicative sciences
or disorders; however, an applicant who graduated from a college or university
with a program not accredited by the American Speech-Language- Hearing Association
Council for Academic Accreditation, shall submit an original signed letter
from the American Speech-Language-Hearing Association stating the Clinical
Certification Board accepted the course work and clinical experience;
(4)
an original board course work and clinical experience form
completed by the director or designee of the college or university attended
which verifies the applicant has met the requirements established in §741.61
(b)-(c) of this title or §741.81 (b)-(c) of this title;
(5)
an original board report of completed internship form completed
by the applicant's supervisor and signed by both the applicant and the supervisor;
however, if the internship was completed out-of-state, the supervisor shall
also submit a copy of his or her diploma or transcript showing the master's
degree in one of the areas of communicative sciences and disorders had been
conferred and a copy of a valid license to practice in that state. If that
state did not require licensure, the supervisor shall submit an original letter
from the American Speech- Language-Hearing Association stating the certificate
of clinical competence is currently held in addition to proof of a master's
degree in communicative sciences and disorders; and
(6)
an applicant who completed the internship in another state
and graduated from a college or university with a program not accredited by
the American Speech-Language- Hearing Association, shall submit an original,
signed letter from the American Speech-Language- Hearing Association stating
the Clinical Certification Board accepted the course work, clinical practicum
and the clinical fellowship year.
(g)
A licensed audiologist or licensed intern in audiology
who wishes to fit and dispense hearing instruments under §741.101 of
this title (relating to Requirements for Registration of Audiologists and
Interns in Audiology who Fit and Dispense Hearing Instruments) shall submit
the following:
(1)
a completed, original board registration form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days; and
(2)
the registration fee to fit and dispense hearing instruments.
(h)
An applicant for dual licenses in speech-language pathology
and audiology under §741.91 of this title (relating to Requirements for
Dual Licenses in Speech-Language Pathology and Audiology) shall submit separate
documentation and fees as follows:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days requesting both licenses;
(2)
two separate application and initial license fees; and
(3)
documentation listed in subsection (a)(3)-(6) of this section
or subsection (c) (3)-(4) of this section.
(i)
An applicant who currently holds one license and wishes
to obtain dual licenses shall submit the following:
(1)
a completed, original board application form including
disclosure of the applicant's social security number and the applicant's dated
signature notarized within the past 60 days requesting the other license;
(2)
the application and initial license fee; and
(3)
documentation listed in subsection (a) (3)-(6) of this
section or subsection (c) (3)-(4) of this section.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004638
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.121 - 741.123
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.121.Purpose.
§741.122. Administration.
§741.123. Procedures.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004639
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.121
The new section is proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
The new section affects the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.121.Examination Administration.
(a)
The examination required by the Texas Occupations Code, §401.305,
shall be administered by the Educational Testing Service to applicants at
least twice a year. To request a registration form, contact the Educational
Testing Service, Praxis Series, P.O. Box 6050, Princeton, New Jersey 08541-6050.
(b)
Separate tests shall be administered in speech-language
pathology and in audiology.
(c)
An applicant shall pay the required fee directly to the
testing service.
(d)
An applicant shall indicate on the registration form the
Code #8327 assigned to the board so that the applicant's test score will be
sent to the board.
(e)
An applicant shall have passed the examination if the score
is 600 or above.
(f)
An applicant shall be notified of the results of the examination
by the testing service.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004640
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.141 - 741.143
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.141.Purpose.
§741.142.Issuance of License and Registration.
§741.143.Display of License, Certificate, or Registration.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004641
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.141, §741.142
The new sections are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These new sections affect the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.141.Issuance of License and Registration.
(a)
The board shall issue an initial license to an applicant
for a speech-language pathology, audiology, assistant in speech-language pathology,
or assistant 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 postmarked date 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 one year past the applicant's next birth month.
(2)
An applicant approved for less than 12 months, but for
more than three months, shall be issued a license to expire upon the last
day of the applicant's next birth month.
(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 postmarked date
of the last item required for approval. The license shall expire one year
past the effective date.
(c)
The board shall issue an initial registration to fit and
dispense hearing instruments to a licensed audiologist or licensed intern
in audiology after the form and fee have been received and approved by the
board or board staff. The effective date shall be the postmarked date of the
last item required for approval. The registration shall expire on the same
date as that of the audiology or intern in audiology license.
(d)
The board shall issue a provisional license to an applicant
in speech-language pathology or a provisional license in audiology after the
fee, forms, and other documentation have been received and approved by the
board or board staff. The effective date shall be the postmarked date of the
last item required for approval. The license shall expired 180 days past the
effective date.
(e)
The provisional license holder shall submit proof of having
met the requirements for either the speech-language pathology or audiology
license prior to the expiration date of the provisional license and an initial
speech-language pathology or audiology license shall be issued. The effective
and expiration dates shall be the same as defined in subsection (a) of this
section.
(f)
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 postmarked date of the last item required for approval. The registration
shall expired eight weeks after the next scheduled examination as required
by §741.121 of this title (relating to Examination Administration).
(g)
An applicant of a license or registration issued under
subsections (a)-(c) of this section shall receive the following:
(1)
a license or registration;
(2)
a certificate; and
(3)
an ID card.
(h)
An applicant of a license or registration issued under
subsections (d) or (f) of this section shall receive a certificate.
(i)
Licenses and registrations issued under subsections (a)-(c)
of this section may be renewed as required by §741.161 of this title
(relating to Renewal Procedures).
(j)
A license, certificate, or registration issued by the board
remains the property of the board.
(k)
The board shall issue a duplicate license, certificate,
and registration upon written request and payment of the duplicate fee.
(l)
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.
§741.142.Display of License, Certificate, and Registration.
(a)
A licensee or registrant shall display the certificate
with a current license or registration as issued by the board in the primary
location of practice.
(b)
A holder of a provisional license, a limited license to
practice speech-language pathology in the public schools, or a temporary certificate
of registration shall display the certificate as issued by the board in the
primary location of practice.
(c)
A licensee or registrant shall not display a license, certificate,
or registration issued by the board which has been photographically or otherwise
reproduced.
(d)
A licensee or registrant shall not make any alteration
on official documents issued by the board.
(e)
A licensee or registrant shall display a duplicate certificate,
license, or registration in the same manner as the original certificate.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004642
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.161 - 741.166
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.161.Purpose.
§741.162.General.
§741.163.Requirements for Continuing Professional Education.
§741.164.Inactive Status.
§741.165.Late Renewal of a License.
§741.166.Renewal of Licensee on Active Military Duty.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004643
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.161 - 741.165
The new sections are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These new sections affect the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.161.Renewal Procedures.
(a)
The Texas Occupations Code, Subchapter H, provides for
the renewal of a license. A license or registration issued under §741.141
(a)-(c) of this title (relating to Issuance of License and Registration) and
to the holder of the limited license to practice speech-language pathology
in the public schools issued under the Texas Occupations Code, §401.314,
is subject to renewal upon expiration if a licensee or registrant wishes to
practice under the Texas Occupations Code, Chapter 401, and this chapter.
(b)
A license or registration issued under §741.141 (d)
and (f) of this title cannot be renewed.
(c)
The board office shall mail a renewal form to each licensee
approximately 45 days prior to the expiration date of the license. The board
is not responsible for lost, misdirected, or undelivered renewal forms 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 postmarked date is the date of mailing.
(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, and include some
identifying information, such as the license number or the social security
number. A request to change the name currently on record must be submitted,
in writing, with a copy of a divorce decree, marriage certificate, 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 registration to fit and dispense
hearing instruments fee, if applicable; 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.
(h)
An intern shall submit the following for license renewal:
(1)
the items listed in subsection (g) of this section;
(2)
the report of completed internship form for the intern's
past experience;
(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. In that event, the assistant shall
submit a signed statement explaining the reason for not practicing.
(j)
An audiologist or intern in audiology registered to fit
and dispense hearing instruments shall renew the registration at the same
time as when renewing the audiology or intern in audiology license by responding
to the appropriate questions on the renewal form and submitting the registration
fee.
(1)
An audiologist or intern in audiology who no longer wishes
to fit and dispense hearing instruments shall notify the board, in writing,
of this decision when renewing the audiology or intern in audiology license.
(2)
An audiologist or intern in audiology who later wishes
to fit and dispense hearing instruments shall first submit the completed registration
form and fee. If this request is approved after expiration of the grace period
of the fitting and dispensing of hearing instruments registration, the original
effective date of the registration shall be changed to reflect the postmarked
date of the last item required for approval.
(k)
A limited license to practice speech-language pathology
in the public schools issued under the Texas Occupations Code, §401.314,
shall be renewed as follows:
(1)
The applicant who met the requirements referenced in the
Texas Occupations Code, §401.314(a), shall renew the license under subsection
(g) of this section.
(2)
The applicant who met the requirements references in the
Texas Occupations Code, §401.314(b), shall renew the license under subsection
(g) of this section if an original transcript showing completion of 12 semester
hours of course work in communicative sciences and disorders with a grade
of at least a "C" or above as required by the Texas Occupations Code, §401.314(c),
is also submitted.
(l)
An individual who meets the requirements set out in the
Texas Occupations Code, §401.353, 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 area in which the license was issued;
(B)
the date of issue;
(C)
the expiration date of the license; and
(D)
whether derogatory information is on record;
(2)
a fee equal to the examination fee; and
(3)
proof of having earned at least ten approved continuing
education hours during the preceding 12 months.
(m)
A licensee may renew the license under the Texas Occupations
Code, §401.354, 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; however the original effective date of the license shall
be changed to reflect the postmarked date of the last item required for approval:
(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 and the registration to fit and
dispense hearing instruments fee, if applicable.
(n)
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.
(o)
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.
(p)
The board shall deny renewals pursuant to the Texas Education
Code, §57.491, concerning defaults on guaranteed student loans.
(q)
The board shall deny renewals pursuant to the Family Code,
Chapter 232, concerning failure to pay child support.
(r)
If all conditions required for renewal are met prior to
expiration of the 60-day grace period, the board shall issue a renewed license
and registration to fit and dispense hearing instruments, if applicable.
(s)
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.
(t)
An audiologist or intern in audiology registered to fit
and dispense hearing instruments shall not do so if the audiology or intern
in audiology license has not been renewed prior to expiration of the 60-day
grace period or if the license has been placed in the inactive status as set
out in §741.163 of this title (relating to Inactive Status).
(u)
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 judgement by which the license was suspended,
until such time as the license if fully reinstated.
(v)
A license revoked on disciplinary grounds shall not be
renewed; however, the license may be reinstated under the Texas Occupations
Code, §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.
§741.162.Requirements for Continuing Professional Education.
(a)
Continuing professional education in speech-language pathology
and audiology as required by the Texas Occupations Code, §401.355, consists
of a series of planned individual learning experiences beyond the basic educational
program which has led to a degree or qualifies one for licensure.
(b)
A continuing education unit (CEU) is the basic unit of
measurement used to credit individuals with continuing education activities
for licensure. One CEU is defined as 10 contact hours of participation in
an approved continuing education experience.
(c)
Ten clock hours (one CEU) shall be required for yearly
renewal. The holder of dual licenses, meaning both a speech-language pathology
license and an audiology license, shall be required to earn 15 clock hours
(1.5 CEU's) annually.
(d)
When renewing an initial license, the licensee shall submit
the following continuing education hours based upon the number of months for
which the initial license was approved. Continuing education hours earned
before the original effective date of a license being renewed are not acceptable:
(1)
four months - 3.0 clock hours (or 5.0 clock hours if dually
licensed);
(2)
five months-4.0 clock hours (or 6.25 clock hours if dually
licensed);
(3)
six months-5.0 clock hours (or 7.5 clock hours if dually
licensed);
(4)
seven months-5.5 clock hours (or 8.75 clock hours if dually
licensed);
(5)
eight months-6.5 clock hours (or 10.0 clock hours if dually
licensed);
(6)
nine months-7.25 clock hours (or 11.25 clock hours if dually
licensed);
(7)
10 months-8.25 clock hours (or 12.5 clock hours if dually
licensed);
(8)
11 months-9.0 clock hours (or 13.75 clock hours if dually
licensed);
(9)
12 months-10.0 clock hours (or 15.0 clock hours if dually
licensed);
(10)
13 months-10.75 clock hours (or 16.25 clock hours if dually
licensed);
(11)
14 months-11.5 clock hours (or 17.5 clock hours if dually
licensed); or
(12)
15 months-12.5 clock hours (or 18.75 clock hours if dually
licensed).
(e)
Continuing professional education shall be earned in one
of the following areas:
(1)
basic communication processes;
(2)
speech-language pathology;
(3)
audiology; or
(4)
an area of study related to the areas listed in paragraphs
(1)-(3) of this subsection.
(f)
Any continuing education activity shall be provided by
an approved sponsor with the exception of activities referenced in subsection
(g)-(i) of this section. A list of approved sponsors designated by the board
shall be made available to all licensees and updated as necessary.
(g)
University or college course work completed with a grade
of at least a "C" or for credit from an accredited college or university in
the areas listed in subsection (e)(1)-(3) of this section shall be approved
for ten continuing education clock hours per semester hour.
(h)
University or college course work or events approved by
the American Medical Association in a related area as referenced in subsection
(e)(4) of this section may be approved if the activity furthers the knowledge
of speech-language pathology or audiology or enhances service delivery. A
licensee shall contact the board office for prior approval of such events
by submitting a description of the activity to the board office for review
by the board's designee. In some instances additional information may be required.
Partial credit may be awarded.
(i)
A licensee who took the examination as referenced in §741.121
of this title (relating to Examination Administration) within the renewal
period and passed with a score of 600 or above shall meet the continuing education
requirement for three consecutive years.
(j)
Effective with licenses that expire on or after September
1, 2004, earned continuing education hours exceeding the minimum requirement
in a previous renewal period shall first be applied to the continuing education
requirement for the current renewal period.
(1)
A maximum of 10 additional clock hours may be accrued during
a license period to be applied to the next consecutive renewal period.
(2)
A maximum of 15 additional clock hours may be accrued by
dual speech-language pathology and audiology licensees during a license period
to be applied to the next consecutive renewal period.
(k)
Licenses that expire prior to September 1, 2004, earned
continuing education hours exceeding the minimum requirement in a previous
renewal period shall first be applied to the continuing education requirement
for the current renewal period.
(1)
A maximum of 20 additional clock hours may be accrued during
a license period to be applied to the next two consecutive renewal periods.
(2)
A maximum of 30 additional clock hours may be accrued by
dual speech-language pathology and audiology licensees during a license period
to be applied to the next two consecutive renewal periods.
(l)
The licensee shall be responsible for maintaining a record
of his or her continuing education experiences for a period of at least three
years.
(1)
The board record of continuing education hours earned/used/available/dropped
form, referred to as a CE log, shall include a history of at least the last
three renewal periods. In the event the license has not been held that long,
the record must include a history since the effective date of the license
being renewed.
(2)
The licensee shall include all of the information as specified
on the CE log.
(3)
The licensee shall indicate on the CE log the hours used
for each renewal and specify the renewal year.
(4)
The licensee shall obtain verification of the continuing
education activity as defined in subsection (m) of this section.
(m)
Proof of completion of a valid continuing education experience
shall include the name of the licensee, the sponsor of the event, the title
and date of the event, and the number of continuing education hours earned.
Unauthorized signatures or verification will not be accepted. Acceptable verification
shall be:
(1)
a letter or form bearing a valid signature or verification
as designated by the approved sponsor;
(2)
in the event verification referenced in paragraph (1) of
this subsection cannot be obtained, the board may accept verification from
the presenter of an approved event if the presenter can also provide proof
that the event was acceptable to an approved sponsor;
(3)
an original or certified copy of the transcript if earned
under subsections (g)-(h) of this section;
(4)
a letter or form from the American Medical Association
if earned under subsection (h) of this section stating the event was approved
for Category I;
(5)
an original or certified copy of the score if earned under
subsection (i) of this section; and
(6)
if the continuing education event was earned under subsection
(h) of this section, a letter or form from the board office granting prior
board approval of the event in addition to documentation listed in paragraphs
(3) and (4) of this subsection. If this approval was not obtained, the licensee
shall not include the event on the CE log. The licensee shall comply with
the requirements set out in subsection (h) of this section and, if approval
is granted, add the event to the CE log.
(n)
The CE log, certificates, diplomas, or other documentation
verifying earning of continuing education hours shall not to be forwarded
to the board at the time of renewal unless the board selected the licensee
for audit.
(o)
The audit process shall be as follows.
(1)
The board shall select for audit a random sample of licensees
for each renewal month. The renewal form shall indicate whether the licensee
has been selected for audit.
(2)
A licensee selected for audit shall submit documentation
defined in subsections (l) and (m) of this section at the time the renewal
form and fee are submitted to the board.
(3)
Failure to timely furnish this information or knowingly
provide false information during the audit process or the renewal process
are grounds for disciplinary action against the licensee.
§741.163.Inactive Status.
(a)
A licensee who does not wish to practice may request inactive
status as provided by Texas Occupations Code, §401.313.
(b)
Prior to the expiration date of the license, the licensee
shall submit the following in order to place the license on inactive status.
The postmarked date is the date of mailing:
(1)
the board inactive status request form which has been completed,
signed, and dated; and
(2)
the inactive status fee.
(c)
The inactive status period shall begin following the expiration
date of the license.
(d)
The license may remain on inactive status for no more than
three years past the expiration date of the license. During the time the license
is placed on inactive status, the inactive licensee may not practice or represent
himself or herself as a speech-language pathologist, audiologist, intern,
or assistant.
(e)
A licensed audiologist or intern in audiology registered
to fit and dispense hearing instruments may not do so if the audiology or
the intern in audiology license has been placed on inactive status.
(f)
The inactive licensee shall be notified annually that,
in order for the license to remain on inactive status, the board inactive
status notice which has been completed, signed and dated and the inactive
status fee shall be submitted to the board office as follows:
(1)
if the licensee wishes the license to remain inactive for
a second year, the form and fee shall be received on or before a date that
is one year past expiration of the license; and
(2)
if the licensee wishes the license to remain inactive for
the third and final year, the form and fee shall be submitted on or before
a date that is two years past expiration of the license.
(g)
A late renewal penalty fee shall be assessed if the inactive
licensee fails to submit the board form and fee within the required time frames
stated in subsection (f) of this section. If the inactive licensee wishes
to practice, the license must first be renewed under §741.164 of this
title (relating to Late Renewal of a License).
(h)
The license on inactive status may be reactivated at any
time by submission of a written signed request and the following:
(1)
the CE log as required by §741.162(l) of this title
(relating to Requirements for Continuing Professional Education); and
(2)
verification of continuing education hours earned as required
by §741.162(m) of this title.
(i)
The inactive licensee shall earn 10 continuing education
hours or 15 hours for holders of dual speech-language pathology and audiology
licenses during the 12-month period preceding the request to reactivate the
license unless hours were accrued under §741.162(j) or (k) of this title
and are available for use when the request for reactivation is received by
the board.
(j)
The random audit for compliance with the continuing education
requirements referenced in §741.161(o) of this title (relating to Renewal
Procedures) does not apply to reactivation of a license on inactive status.
(k)
If the board office approves the reactivation of the license,
active status shall begin on the date of approval. The licensee's next continuing
education cycle shall begin on the same date.
(l)
A license that is not reactivated within the three-year
period cannot be renewed, restored, reissued, or reinstated. If the individual
wishes to practice, he or she shall reapply for the license if requirements
of the Texas Occupations Code, Chapter 401, are met.
(m)
If a licensee places his or her license on inactive status,
the inactive licensee shall be subject to investigation and action under §741.192
of this title (relating to Procedures for Filing a Complaint and Denying,
Suspending, or Revoking a License or Registration).
§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 Texas Occupations Code, §401.352, unless the license
had been placed on inactive status. The postmarked date is the date of mailing.
(b)
The Texas Occupations Code, §401.301, prohibits an
individual from practicing after expiration of the 60-day grace period. Penalties
for doing so are defined in the Texas Occupations Code, §§401.501-401.503.
(c)
An audiologist or intern in audiology registered to fit
and dispense hearing instruments may not do so if the registration and the
audiology or the intern in audiology license have not been renewed prior to
expiration of the 60-day grace period.
(d)
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 concerning the licensee's practice since expiration
of the 60-day grace period under the Texas Occupations Code, Chapter 401,
and this chapter;
(2)
the late renewal penalty fee as set out in §741.181
of this title (relating to Schedule of Fees);
(3)
the CE log 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.
(e)
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.
(f)
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.
(g)
The random audit for compliance with the continuing education
requirements referenced in §741.161(o) of this title (relating to Renewal
Procedures) does not apply to late renewal of a license.
(h)
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.
§741.165.Renewal of Licensee on Active Military Duty.
If a licensee fails to timely renew his or her license because the
licensee is or was on active duty with the armed forces of the United States
of America serving outside the State of Texas, the licensee may renew the
license as follows.
(1)
Renewal of the license may be requested by the licensee,
the licensee's spouse, or an individual having power of attorney from the
licensee. The renewal form shall include a current address and telephone number
for the individual requesting the renewal.
(2)
A copy of the official orders or other official military
documentation showing that the licensee is or was on active duty serving outside
the State of Texas shall be filed with the board along with the renewal form.
(3)
A licensee renewing under this section shall pay the applicable
renewal fee, but not a late renewal penalty fee.
(4)
A licensee renewing under this section shall submit proof
of any clock hours of continuing education earned prior to being called to
active duty serving outside the State of Texas, and no further continuing
education hours shall be required for that renewal.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004644
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.181, §741.182
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.181.Schedule of Fees.
§741.182.Processing Procedures.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004645
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §741.181, §741.182
The new sections are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These new sections affect the Texas Occupations Code, Chapter 401; Texas
Occupations Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and
47; and Texas Government Code, §2001.039.
§741.181.Schedule of Fees.
(a)
All fees paid to the board are non-refundable. The schedule
of fees as required by the Texas Occupations Code, §401.204, is as follows:
(1)
application and initial license fee - $70;
(2)
provisional application and initial license fee - $70;
(3)
temporary certificate of registration fee - $50;
(4)
registration fee to fit and dispense hearing instruments
- $15;
(5)
license renewal fee - $40;
(6)
dual licenses as a speech-language pathologist and audiologist
renewal fee - $65;
(7)
duplicate license, certificate, or registration fee - $10;
(8)
inactive status fee - $40;
(9)
license verification fee - $10;
(10)
late renewal penalty fee - an amount equal to the renewal
fee(s), with a maximum of three renewal fees, plus the examination fee;
(11)
examination fee - the amount charged by the Texas Department
of Health's designee administering the examination; and
(12)
reinstatement fee for a license that was suspended for
failure to pay child support - $50.
(b)
Any licensee attaining the age of 65 years shall have his
or her license renewal fee waived, but if renewed after the expiration of
the 60-day grace period, the late renewal penalty fee shall be assessed.
(c)
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.
(d)
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.
(e)
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.
§741.182.Time Periods For Processing Applications, Registrations, and Renewals.
(a)
Within 15 working days of the board's receipt of a new
application, the board office shall:
(1)
approve the application and notify the applicant that he
or she may begin practicing; or
(2)
mail a letter of deficiency listing the documentation that
must be submitted before the application shall be approved.
(b)
The applicant shall be notified within 15 working days
of the date the documentation referred to in subsection (a)(2) of this section
is received and the application approved.
(c)
Within 15 working days of the board's receipt of a request
to renew a license or registration, the board office shall:
(1)
approve the request to renew the license; or
(2)
mail a letter of deficiency listing the documentation that
must be submitted before the request for renewal shall be approved.
(d)
The licensee or registrant shall be notified within 15
working days of the date the documentation referred to in subsection (c)(2)
of this section is received and the request to renew the license or registration
is approved.
(e)
The board shall comply with the following procedures in
reimbursement of fees.
(1)
In the event a request for a license or registration is
not processed in the time periods stated in subsections (a)-(d) of this section,
the applicant, licensee, or registrant has the right to request reimbursement
of all fees paid in that particular application process. The request shall
be submitted in writing to the executive secretary of the board. If the executive
secretary does not agree that the time period has been violated or finds that
good cause existed for exceeding the time period, the request shall be denied.
(2)
Good cause for exceeding the time period is considered
to exist if:
(A)
the number of requests for new licenses, registrations,
and renewals exceeds by 15% or more the number of requests in the same calendar
quarter the preceding year;
(B)
another public or private entity relied upon by the board
in the licensing process caused the delay; or
(C)
any other condition exists giving the board good cause
for exceeding the time period.
(f)
If a request for reimbursement under subsection (e) of
this section is denied by the executive secretary, the applicant may appeal
to the presiding officer of the board for a timely resolution of the dispute
arising from a violation of the time period.
(1)
The applicant, licensee, or registrant shall give written
notice to the presiding officer that he or she requests full reimbursement
of all fees paid because his or her request for a license or registration
was not processed within the applicable time period.
(2)
The executive secretary shall submit a written report of
the facts related to the processing of the application or renewal request
and of any good cause for exceeding the applicable time period.
(3)
The presiding officer shall provide written notice of his
or her decision to the applicant, licensee, or registrant and the executive
secretary.
(4)
An appeal shall be decided in the applicant's, licensee's,
or registrant's favor if the applicable time period was exceeded and good
cause was not established. In which case, full reimbursement of all fees paid
in that particular process shall be made to the applicant, licensee or registrant.
(g)
Contested cases related to the denial of license, registration,
or renewal shall be handled in accordance with the provision of the Texas
Government Code, Chapter 2001.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004646
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
22 TAC §§741.191 - 741.201
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the State Board of Examiners for Speech-Language Pathology and Audiology
or in the Texas Register office, Room 245, James Earl Rudder Building, 1019
Brazos Street, Austin.)
The repeals are proposed under the 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 Chapter 401 of the Texas Occupations Code, and §401.204 which
provides the Board with authority to set fees in amounts that are reasonable
and necessary to collect sufficient revenue to cover the costs of administration
of the Code.
These repeals affect the Texas Occupations Code, Chapter 401; Texas Occupations
Code, Chapter 303; Texas Health and Safety Code, Chapter 36 and 47; and Texas
Government Code, §2001.039.
§741.191.Purpose.
§741.192.Basis for Denial, Probation, Suspension, or Revocation of Licensure or Registration.
§741.193.Complaint Procedures.
§741.194.Procedures for Denying, Suspending, or Revoking a License or Registration.
§741.195.Licensing or Registration of Individuals with Criminal Backgrounds.
§741.196.Formal Hearings.
§741.197.Surrender of License.
§741.198.Informal Disposition or Proceedings.
§741.199.Default Orders.
§741.200.Suspension of License for Failure to Pay Child Support.
§741.201.Schedule of Sanctions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on July 3, 2000.
TRD-200004647
Elsa Cardenas-Hagan
Presiding Officer
State Board of Examiners for Speech-Language pathology and Audiology
Earliest possible date of adoption: August 20, 2000
For further information, please call: (512) 458-7236
Subchapter A. DEFINITIONS
Subchapter B. THE BOARD
Chairperson.
]
(1)
]
chairperson
] shall preside at all meetings at which he or she is in attendance
,
[
and
] perform all duties prescribed by law or this chapter
, and
[
.
]
(2)
The chairperson
] is authorized by
the board to make day-to-day minor decisions regarding board activities in
order to facilitate the responsiveness and effectiveness of the board. The
executive secretary shall keep a tabulation of the minor decisions and include
them in the executive secretary's report to the board.
Vice-Chairperson.
]
(1)
]
vice-chairperson
] shall perform the duties of the
presiding
officer
[
chair in the absence or disability of the chair.
]
should the presiding officer be absent, become disabled, or vacate the office.
In the event
(2)
Should
] the office
is vacated,
the assistant presiding officer
[
of the chairperson become vacant,
the vice-chairperson
] shall serve until a successor is named.
Secretary-Treasurer.
]
(1)
]
.
]
and
(2)
The secretary-treasurer will sign
]
other approved documents of the board in the absence of the
presiding
officer and assistant presiding officer
[
chairperson and vice-chairperson
].
chairperson
]
may appoint board members to committees to assist the board in its work. Other
individuals may be appointed to committees. Appointed committee members shall
serve a two year term. All committees [
appointed by the chairperson
]
shall consist of no more than four members and shall make regular reports
to the board by interim written reports or at regular meetings. The board
shall direct all such reports to the executive secretary for distribution.
Standing committees may include:
chair
], shall remain a member of a newly
appointed committee for at least two committee meetings.
Subchapter C. SCREENING PROCEDURES
they may be deviant or not age appropriate
]. Formal instruments
and informal observations may be used for the assessment. If the screening
is not passed,
a
detailed evaluation is indicated.
Whenever possible, language
]
and speech screening should be conducted in the client's native language.
Hearing
]
screening
as required by the Texas Occupations Code, §401.052 and §401.053,
[
as defined
] in
§741.1(7)
[
§741.2
] of this title (relating to Definitions)
and
may be performed
by
:
,
]
Texas Civil Statutes, Article 4513
et seq,
] and
Prior to August 1, 2000, hearing screening
will be conducted as follows:
] 25 dB HL (re ANSI - 1989) at the frequencies
of 1,000, 2,000, and 4,000 hertz (Hz)
in both ears
.
(c)
] Effective
September 1,
2001,
[
August 1, 2000, hearing screening will be conducted as follows:
]
use a screening level of 25
[
20
] dB HL (re ANSI-1989)
for pre-kindergarten and kindergarten, and 20 dB HL (re ANSI-1989) for grades
1 through 12,
at the frequencies of 1,000, 2,000, and 4,000 hertz (Hz)
in both ears
.
(d)
] If the second pure-tone air
conduction screening [
described in subsection (b)(2) or (c)(2) of this
section
] is failed, a recommendation shall be made for a professional
evaluation [
of hearing
] by a licensed physician or a licensed audiologist.
If the person
screened
[
tested
] was a minor, the recommendation
shall be made to a parent or guardian. At that time an extended recheck
as defined in §741.1(4) of this title (relating to Definitions)
may be performed by the screener.
Subchapter C. TESTING PROCEDURES AND EQUIPMENT
Subchapter D. THE STANDARDS OF PROFESSIONAL AND ETHICAL CONDUCT
Subchapter E. REQUIREMENTS FOR LICENSURE AND REGISTRATION OF SPEECH-LANGUAGE PATHOLOGISTS
Special Conditions
]
of
[
for
] Licensure
for
[
of
]
Speech-Language Pathologists.
The board may waive the educational,
professional, and examination requirements and grant licensure to an applicant
who holds the certificate of clinical competence of the American Speech-Language-Hearing
Association in speech-language pathology
]. An original or certified
copy of transcript(s) shall be required.
A
] temporary
certificate of registration in speech- language pathology
shall meet
the requirements of the Texas Occupations Code, §401.310, and
[
may be applied for by an individual who submits original or certified copy
of documentation that all requirements referenced in
] §741.61
(a)-(d)
[
(1)-(12)
] of this title (relating to Requirements
for a Speech-Language Pathology License) [
have been met but who has not
previously applied to the board to take the examination for licensure as required
by §741.122 of this title (relating to Administration)
].
offering of the next examination after the date of issue of the
certificate
].
Subchapter F. REQUIREMENTS FOR LICENSURE AND REGISTRATION OF AUDIOLOGISTS
Special Conditions
for
] Licensure
for
[
of
] Audiologists.
The
board may waive the educational, professional and examination requirements
and grant licensure to an applicant who holds the certificate of clinical
competence of the American Speech-Language-Hearing Association in audiology
]. An original or certified copy of transcript(s) shall be required.
A
] temporary
certificate of registration in audiology
must meet the requirements of
the Texas Occupations Code, §401.310, and
[
may be applied
for by an individual who submits original or certified copy of documentation
that all requirements referenced in
] §741.81
(a)-(d)
[
(1)-(12)
] of this title (relating to Requirements for an Audiology
License) [
have been met but who has not previously applied to the board
to take the examination for licensure as required by §741.122 of this
title (relating to Administration)
].
offering of the next examination after the date of issue of the certificate
].
(c)
] A temporary certificate of
registration is not renewable.
Subchapter G. REQUIREMENTS FOR DUAL LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST
Subchapter H. APPLICATIONS PROCEDURES
Subchapter H. FITTING AND DISPENSING OF HEARING INSTRUMENTS
Subchapter I. APPLICATION PROCEDURES
Subchapter I. LICENSURE EXAMINATIONS
Subchapter J. LICENSURE EXAMINATIONS
Subchapter J. LICENSING AND REGISTRATION PROCEDURES
Subchapter K. ISSUANCE AND DISPLAY OF LICENSE AND REGISTRATION
Subchapter K. LICENSE AND REGISTRATION RENEWAL
Subchapter L. LICENSE AND REGISTRATION RENEWAL
Subchapter L. FEES AND PROCESSING PROCEDURES
Subchapter M. FEES AND PROCESSING PROCEDURES
Subchapter M. DENIAL, PROBATION, SUSPENSION, OR REVOCATION OF LICENSURE OR REGISTRATION
Subchapter N. DENIAL, PROBATION, SUSPENSION, OR REVOCATION OF LICENSURE OR REGISTRATION