Part 5.
STATE BOARD OF DENTAL EXAMINERS
Chapter 107.
DENTAL BOARD PROCEDURES
Subchapter B. PROCEDURES FOR INVESTIGATING COMPLAINTS
22 TAC §107.101
The Texas State Board of Dental Examiners (Board) adopts
amendments to §107.101, concerning guidelines for the conduct of investigations,
without changes to the proposed text published in the December 10, 2004, issue
of the
Texas Register
(29 TexReg 11456). The
text will not be republished.
The amendments alter the process by which investigations are tracked for
possible consideration of emergency suspension proceedings. The section as
amended also contains revisions to clarify and standardize language, and to
improve organization.
Subsection (c) currently requires the director of enforcement to determine
"upon receipt" of a complaint whether temporary suspension of the licensee
should be considered. The language as amended allows that determination to
be made at any point in an investigation of a complaint. This allows for that
determination to be made with the benefit of some level of supporting evidence.
The amendment also links this determination to the next steps of the temporary
emergency suspension process, by reference to §107.102(c). The Board
has adopted the corresponding amendments to §107.102.
No comments were received.
The section is adopted under Texas Government Code §2001.021
et seq., Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The adopted section affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 101-125.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500504
Bobby D. Schmidt, M.Ed.
Executive Director
State Board of Dental Examiners
Effective date: February 24, 2005
Proposal publication date: December 10, 2004
For further information, please call: (512) 475-0972
22 TAC §107.102
The Texas State Board of Dental Examiners (Board) adopts
amendments to §107.102, concerning guidelines for the conduct of investigations,
without changes to the proposed text published in the December 10, 2004, issue
of the
Texas Register
(29 TexReg 11457). The
text will not be republished.
The amendments alter the process by which investigations are submitted
for possible consideration of emergency suspension proceedings. The section
as amended also contains revisions to clarify and standardize language, and
to improve organization.
Specifically, the amendments to subsection (c) allow for the referral of
a case for consideration of emergency temporary suspension proceedings at
any point in the investigation, rather than upon the initial review, as mandated
by the current language.
The amendment also changes the standard for consideration of such cases
from "possible threat" to the more specific "imminent threat", which more
accurately mirrors the "clear, imminent, or continuing threat" requirement
of Occupations Code, Chapter 263, §263.004.
Finally, the amendment routes those cases in which the investigation has
revealed an imminent threat to the executive director, who then determines
whether or not the case should be referred to the chairperson of the executive
committee of the board, which ultimately bears the responsibility under Occupations
Code, Chapter 263, §263.004 of determining whether or not to temporarily
suspend the license involved. The introduction of this intermediate step helps
to ensure proper controls over the use and efficacy of temporary emergency
suspensions.
The Board has adopted the corresponding amendments to §107.101.
No comments were received.
The section is adopted under Texas Government Code §2001.021
et seq., Texas Civil Statutes; the Occupations Code §254.001, which provides
the Board with the authority to adopt and enforce rules necessary for it to
perform its duties.
The adopted section affects Title 3, Subtitle D of the Occupations Code
and Title 22, Texas Administrative Code, Chapter 101-125.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500505
Bobby D. Schmidt, M.Ed
Executive Director
State Board of Dental Examiners
Effective date: February 24, 2005
Proposal publication date: December 10, 2004
For further information, please call: (512) 475-0972
Chapter 131.
ORGANIZATION AND ADMINISTRATION
Subchapter F. ADMINISTRATION
22 TAC §131.81
The Texas Board of Professional Engineers adopts an amendment
to §131.81, relating to Definitions, without changes to the proposed
text as published in the December 3, 2004, issue of the
Texas Register
(29 TexReg 11248) and will not be republished.
The current rules include the term Good Standing in several locations,
and the adopted amendment defines this term as a license or registration that
is up to date with payments and is eligible for renewal.
No comments were received regarding the board's adoption of the amended
section.
The amendment is adopted pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500548
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 24, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 440-7723
Subchapter B. PROFESSIONAL ENGINEER LICENSES
22 TAC §133.13
The Texas Board of Professional Engineers adopts an amendment
to §133.13, relating to Branches of Engineering, without changes to the
proposed text as published in the December 3, 2004, issue of the
Texas Register
(29 TexReg 11249) and will not be republished.
The current rules include a list of engineering branches and three letter
codes related to those branches. The adopted rule places the branches in alphabetical
order and removes the three letter codes. The codes were used in the past
in relation to an agency database that is no longer in place.
No comments were received regarding the board's adoption of the amended
section.
The amendment is adopted pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500549
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 24, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 440-7723
22 TAC §133.21
The Texas Board of Professional Engineers adopts an amendment
to §133.21, relating to items required for an application for licensure
as a Professional Engineer, without changes to the proposed text as published
in the December 3, 2004, issue of the
Texas Register
(29 TexReg 11250) and will not be republished.
The current rules include a verification of engineering experience as an
item that is accepted by the board from NCEES. The adopted rule change removes
the NCEES verification of experience as an application item that is accepted
by the board. The board only accepts original documents verifying engineering
experience from the applicant and reference providers.
No comments were received regarding the board's adoption of the amended
section.
The amendment is adopted pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500550
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 24, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 440-7723
Subchapter A. INDIVIDUAL AND ENGINEER COMPLIANCE
22 TAC §137.17
The Texas Board of Professional Engineers adopts an amendment
to §137.17, relating to the Continuing Education Program, without changes
to the proposed text as published in the December 3, 2004, issue of the
The current rules include the term "qualifying" in relation to seminars
and programs that are accepted for Continuing Education credit. The board
does not pre-approve or qualify any activities, so the term "qualifying" has
been removed in the adopted rules. The adopted rule clarifies language concerning
activities that may count in relation to participation in an organization.
The adopted rule also adds language specifying that failure to comply with
the Continuing Education Program is a violation of board rules and subject
to sanctions.
No comments were received regarding the board's adoption of the amended
section.
The amendment is adopted pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500551
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 24, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 440-7723
22 TAC §137.73
The Texas Board of Professional Engineers adopts an amendment
to §137.73, relating to the modification of registered firm records,
without changes to the proposed text as published in the December 3, 2004,
issue of the
Texas Register
(29 TexReg 11251)
and will not be republished.
The adopted rule adds a requirement that registered firms report to the
board within 30 days any additions or dissolutions of branch or subsidiary
offices.
No comments were received regarding the board's adoption of the amended
section.
The amendment is adopted pursuant to the Texas Engineering Practice
Act, Occupations Code §1001.202, which authorizes the board to make and
enforce all rules and regulations and bylaws consistent with the Act as necessary
for the performance of its duties, the governance of its own, proceedings,
and the regulation of the practice of engineering in this state.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500552
Dale Beebe Farrow, P.E.
Executive Director
Texas Board of Professional Engineers
Effective date: February 24, 2005
Proposal publication date: December 3, 2004
For further information, please call: (512) 440-7723
Chapter 661.
GENERAL RULES OF PROCEDURES AND PRACTICES
Subchapter D. APPLICATIONS, EXAMINATIONS, AND LICENSING
22 TAC §661.41
The Texas Board of Professional Land Surveying (TBPLS) adopts
an amendment to §661.41(a), concerning Applications, without changes
to the proposed text as published in the December 31, 2004, issue of the
The amendment deletes a portion of the rule that states that a sworn affidavit
must be submitted as part of the application process.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to §1071.151, Title 6,
Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce
reasonable and necessary rules to perform its duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500515
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: February 24, 2005
Proposal publication date: December 31, 2004
For further information, please call: (512) 452-9427
22 TAC §661.95
The Texas Board of Professional Land Surveying (TBPLS) adopts
the repeal of §661.95, concerning the failure to attend hearings and
the judgments that will occur if the respondent fails to appear. The repeal
is adopted without changes to the proposal as published in the December 31,
2004 issue of the
Texas Register
(29 TexReg
12078) and will not be republished.
The language in §661.95 has been incorporated into §661.62, therefore
it needs to be repealed. Repealing this portion of the Rule will take away
language that is currently included in another rule.
No comments were received regarding the adoption of the repeal.
The repeal is adopted pursuant to §1071.151, Title 6, Occupations
Code, Subtitle C, which authorizes the Board to adopt and enforce reasonable
and necessary rules to perform its duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500517
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: February 24, 2005
Proposal publication date: December 31, 2004
For further information, please call: (512) 452-9427
22 TAC §661.99
The Texas Board of Professional Land Surveying (TBPLS) adopts
a new rule §661.99, concerning Sanctions and Penalty Matrix, with changes
to the graphics chart as published in the December 24, 2004, issue of the
The new rule outlines sanctions and penalties to be followed in response
to a complaint.
No comments were received within the specified time frame regarding adoption
of the rule. However one comment was received late and the Board did consider
the comment. After discussion it was determined that the subject of the comment
was addressed in the rule as written. The commenter was satisfied.
The new rule is adopted pursuant to §1071.151, Title 6,
Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce
reasonable and necessary rules to perform its duties.
§661.99.Sanctions and Penalty Matrix.
The Board, the Executive Director, Investigator, Administrative Law
Judge or the participants in an Informal Conference may arrive at a greater
or lesser sanction and penalty than suggested in this Rule. The minimum administrative
penalty is $100 per violation. The maximum administrative penalty shall be
$1500 per violation. In addition to the sanctions and penalties noted below,
the Board may order restitution, suspension, probation and/or additional educational
courses. Allegations and disciplinary actions will be set forth in the final
Board Order and the severity of the disciplinary action will be based on the
following factors:
(1)
the seriousness of the violation, including the nature,
circumstances, extent and gravity of any prohibited acts;
(2)
the economic damage to property caused by the violation;
(3)
the history of previous violations;
(4)
the amount necessary to deter a future violation;
(5)
efforts to correct the violation; and
(6)
any other matter that justice may require.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500514
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: February 24, 2005
Proposal publication date: December 24, 2004
For further information, please call: (512) 452-9427
Subchapter A. ETHICAL STANDARDS
22 TAC §663.8
The Texas Board of Professional Land Surveying (TBPLS) adopts
an amendment to §663.8(2), concerning adherence to Statutes and Codes,
without changes to the proposed text as published in the December 31, 2004
issue of the
Texas Register
(29 TexReg 12079)
and will not be republished.
The amendment to this rule explains in greater detail what the requirements
are in regard to subdividing land into tracts and what actions should be taken
by the surveyor.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to §1071.151, Title 6,
Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce
reasonable and necessary rules to perform its duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500518
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: February 24, 2005
Proposal publication date: December 31, 2004
For further information, please call: (512) 452-9427
22 TAC §663.20
The Texas Board of Professional Land Surveying (TBPLS) adopts
an amendment to §663.20(a)(2), concerning the Application process, without
changes to the proposed text as published in the December 31, 2004, issue
of the
Texas Register
(29 TexReg 12080) and
will not be republished. As currently written, §663.20(a)(2) states that
a sworn affidavit is required to attest to whether he or she has ever been
convicted of a felony or a misdemeanor.
Deletion of this portion of the Rule will clarify that the board will no
longer require a sworn affidavit regarding criminal convictions.
No comments were received regarding adoption of the amendment.
The amendment is adopted pursuant to §1071.151, Title 6,
Occupations Code, Subtitle C, which authorizes the Board to adopt and enforce
reasonable and necessary rules to perform its duties.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on February 4, 2005.
TRD-200500516
Sandy Smith
Executive Director
Texas Board of Professional Land Surveying
Effective date: February 24, 2005
Proposal publication date: December 31, 2004
For further information, please call: (512) 452-9427
Chapter 741.
SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
The State Board of Examiners for Speech-Language Pathology and Audiology
(board) adopts amendments to §§741.65, 741.141, 741.161, 741.162,
741.181, and 741.195, concerning speech-language pathology and audiology.
Section 741.65 is adopted with changes to the proposed text as published in
the August 20, 2004, issue of the
Texas Register
(29 TexReg 8078). Sections 741.141, 741.161, 741.162, 741.181, and
741.195 are adopted without changes, and therefore the sections will not be
republished.
The amendments are necessary to implement House Bill 2985, 78th Legislature,
2003, which added Occupations Code, Chapter 101, Subchapter G, which established
the Office of Patient Protection and requires additional fees to fund it;
Senate Bill 1152, 78th Legislature, 2003, which amends Government Code, Chapter
2054, to require participation in Texas Online; and Senate Bill 161, 78th
Legislature, 2003, which amends Occupations Code, Chapter 401, relating to
emergency suspensions and administrative penalties. The two year licensing
fee amendments are required as a result of revisions to the Health and Safety
Code, Chapter 12, §§12.0111 and 12.0112, pursuant to House Bill
2292, 78th Legislature, 2003. The amendments to §741.65 are necessary
to clarify the duties of experienced speech pathology assistants working in
a school setting.
These sections provide for the efficient and effective regulation and licensure
of speech-language pathologists, audiologists, and speech pathology assistants.
The board received public and staff comments during the comment period
for these amendments.
Comment: Concerning §741.65, eight commenters expressed support of
the amendments regarding speech pathology assistants. These commenters generally
agreed that the amendment will benefit school districts and students.
Response: The board agrees. No change was made as a result of the comments.
Comment: Concerning §741.65, two commenters expressed opposition to
the amendments regarding speech pathology assistants. The commenters generally
felt that the stipulations regarding assistants attending admission, review,
and dismissal (ARD) meetings were too restrictive.
Response: The board disagrees and believes that the stipulations are appropriate
for speech pathology assistants who participate in ARD meetings. No change
was made as a result of the comments.
Comment: Concerning §741.65, one commenter expressed opposition to
the amendments regarding the role of speech pathology assistants. The commenter
believes that assistants are inadequately prepared for these duties.
Response: The board disagrees and believes that the parameters it has set
out for speech pathology assistants are appropriate in relation to their training
and education. No change was made as a result of the comment.
Comment: Regarding rule §741.65(h)(4)(I)(i)(IV), one commenter suggested
that the wording "present Individual Educational Plan" be replaced by "share
a draft of Individual Educational Plan."
Response: The board agrees and has incorporated the suggested modification.
Eleven individuals and staff provided comments on the rules. Several commenters
expressed opposition to the proposal and other commenters expressed support
of the proposal.
Subchapter E. REQUIREMENTS FOR LICENSURE AND REGISTRATION OF SPEECH-LANGUAGE PATHOLOGISTS
22 TAC §741.65
The amendment is adopted 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 the Texas Occupations Code, Chapter 401.
§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. The applicant for the assistant license must:
(1)
possess a baccalaureate degree with an emphasis in communicative
sciences and disorders;
(2)
have acquired no fewer than 24 semester hours in speech-language
pathology and/or audiology, at least 18 of which must be in speech-language
pathology core curriculum as follows:
(A)
at least three semester hours in language disorders;
(B)
at least three semester hours in speech disorders; and
(C)
excludes clinical experience and course work such as special
education, deaf education, or sign language; and
(3)
have earned no fewer than 25 hours of clinical observation
in the area of speech-language pathology and 25 hours of clinical assisting
experience in the area of speech-language pathology obtained within an educational
institution or in one of its cooperating programs.
(b)
The baccalaureate degree shall be completed at a college
or university which has a program accredited by the American Speech-Language-Hearing
Association Council on Academic Accreditation or holds accreditation or candidacy
status from a recognized regional accrediting agency.
(1)
Original or certified copy of transcripts shall be submitted
and reviewed as follows:
(A)
only course work completed within the past 10 years with
a grade of "C" or above is acceptable;
(B)
a quarter hour of academic credit shall be considered as
two-thirds of a semester credit hour; and
(C)
academic courses, the titles of which are not self-explanatory,
shall be substantiated through course descriptions in official school catalogs
or bulletins or by other official means.
(2)
In the event the course work and clinical experience set
out in subsection (a) of this section were earned more than 10 years before
the date of application for the assistant license, the applicant shall submit
proof of current knowledge of the practice of speech-language pathology to
be evaluated by the board's designee. Within 15 working days of receipt, the
board's designee shall evaluate the documentation and shall either approve
the application, request additional documentation, or require that additional
coursework or continuing professional education be earned. If 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. If necessary, the applicant may
reapply for the license when the requirements of this section are met.
(c)
An applicant who possesses a baccalaureate degree with
a major that is not in communicative sciences and disorders may qualify for
the assistant license. The board's designee shall evaluate transcripts on
a case-by-case basis to ensure equivalent academic preparation and shall determine
if the applicant satisfactorily completed 24 graduate hours in communicative
sciences or disorders which may include some leveling hours. Within 15 working
days of receipt, the board's designee shall approve the application, request
additional documentation, or require that additional coursework or continuing
professional education be earned. If an applicant is required to earn additional
coursework or continuing professional education hours, §741.193 of this
title (relating to Formal Hearings; Surrender of License or Registration)
shall not apply. If necessary, the applicant may reapply for the license when
the requirements of this section are met.
(d)
Degrees and/or course work received at foreign universities
shall be acceptable only if such course work and clinical practicum hours
may be verified as meeting the requirements of subsection (a) of this section.
The applicant must bear all expenses incurred during the procedure. The board's
designee shall evaluate the documentation within 15 working days of receipt
of all documentation which shall include an original report from a credential
evaluation services agency acceptable to the board.
(e)
An applicant who has not acquired the hours referenced
in subsection (b)(3) of this section shall not meet the minimum qualifications
for the assistant license. Other than acquiring the 25 hours of clinical observation
and the 25 hours of clinical assisting experience through an accredited college
or university, there are no other exemptions in the 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.
Effective August 1, 2004, the supervisor shall have practiced for at least
three years and shall submit a signed statement verifying he or she has met
this requirement.
(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 but may not practice
without submitting a new supervisory responsibility statement form.
(4)
In the event the supervisor ceases supervision of the assistant,
the supervisor shall notify the board, in writing, and shall inform the assistant
to stop practicing immediately. The board shall hold the supervisor responsible
for the practice of the assistant until written notification has been received
in the board office.
(5)
Should the assistant practice without approval from the
board office, disciplinary action shall be initiated against the assistant.
If the supervisor had knowledge of this violation, disciplinary action against
the supervisor shall also be initiated.
(g)
A licensed speech-language pathologist shall assign duties
and provide appropriate supervision to the assistant.
(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. Within 15 working
days of receipt of the request, the board's designee shall accept or reject
the plan. The plan shall be for not more than one year's duration and shall
include:
(A)
the name of the assistant;
(B)
the name and signature of the supervisor;
(C)
the proposed plan of supervision;
(D)
the exact time frame for the proposed plan;
(E)
the length of time the assistant has been practicing under
the requestor's supervision; and
(F)
the reason the request is necessary.
(6)
If the exception referenced in paragraph (5) of this subsection
is approved and the reason continues to exist, the licensed supervising speech-language
pathologist shall annually resubmit a request to be evaluated by the board's
designee. Within 15 working days of receipt of the request, the Board's designee
shall approve or reject the plan.
(7)
Supervisory records shall be maintained 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. An assistant may not conduct a test if the test
developer has specified that a graduate degreed examiner should conduct the
test.
(B)
An assistant may not conduct an evaluation which includes
diagnostic testing, 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 if the
test developer does not specify a graduate degreed examiner and the supervisor
has determined the assistant is competent to perform the test;
(F)
maintain clinical records;
(G)
prepare clinical materials; and
(H)
participate with the licensed speech-language pathologist
in research projects, staff development, public relations programs, or similar
activities as designated and supervised by the licensed speech-language pathologist.
(I)
May represent special education and speech pathology at
Admission, Review and Dismissal (ARD) meetings with the following stipulations:
(i)
the Speech-Language Pathology assistant shall:
(I)
have written documentation of approval from the licensed,
board approved SLP supervisor;
(II)
have three years experience as a speech pathology assistant
in the school setting;
(III)
attend only annual review ARD meetings for students with
a sole diagnosis of articulation disorder and are conducted by the school
administrator;
(IV)
share a draft of Individual Educational Plan (IEP) goals
and objectives that have been developed by the supervising SLP and reviewed
with the parent by the SLP;
(V)
discontinue participation in the ARD meeting, and contact
the supervising SLP, when questions or changes arise regarding the IEP document.
(ii)
the licensed, board approved supervisor of the assistant,
prior to the ARD, shall:
(I)
notify the parents of students with speech impairments
that services will be provided by an SLP assistant and that the SLP will represent
Speech Pathology at the ARD;
(II)
review student's progress on the previous Individual Education
Plan (IEP); and
(III)
develop the student's new IEP goals and objectives and
review them with the SLP assistant.
(iii)
the licensed, board approved SLP supervisor of the assistant
maintains undiminished responsibility for the services provided and the actions
of the assistant.
(5)
The assistant shall not:
(A)
conduct evaluations even under supervision since this is
a diagnostic and decision making activity;
(B)
interpret results of routine tests;
(C)
interpret observations or data into diagnostic statements,
clinical management strategies, or procedures;
(D)
represent speech-language pathology at staff meetings or
on an admission, review and dismissal (ARD), except as specified in paragraph
(4)(I) of this subsection;
(E)
attend staffing meeting or ARD without the supervisor being
present, except as specified in paragraph (4)(I) of this subsection;
(F)
design or alter 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;
(K)
practice as an assistant in speech-language pathology without
a valid supervisory responsibility statement on file in the board office;
(L)
perform invasive procedures;
(M)
screen or diagnose patient or clients for feeding and swallowing
disorders;
(N)
use a checklist or tabulated results of feeding or swallowing
evaluations;
(O)
demonstrate swallowing strategies or precautions to patients,
family, or staff;
(P)
provide patient or family counseling; or
(Q)
write or sign any formal document (e.g., treatment plans,
diagnostic reports, reimbursement forms, reports).
(i)
Any reference to the licensee's title shall state clearly
that the license status is that of an assistant in speech-language pathology.
(j)
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.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on February 7, 2005.
TRD-200500565
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: February 27, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 458-7236
22 TAC §741.141
The amendment is adopted 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 the Texas Occupations Code, Chapter 401.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 7, 2005.
TRD-200500566
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: February 27, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 458-7236
22 TAC §741.161, §741.162
The amendments are adopted 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 the Texas Occupations Code, Chapter 401.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on February 7, 2005.
TRD-200500567
Cheryl Sancibrian
Presiding Officer
State Board of Examiners for Speech-Language Pathology and Audiology
Effective date: February 27, 2005
Proposal publication date: August 20, 2004
For further information, please call: (512) 458-7236
Part 6.
TEXAS BOARD OF PROFESSIONAL ENGINEERS
Chapter 133.
LICENSING
Subchapter C. APPLICATION REQUIREMENTS
Chapter 137.
COMPLIANCE AND PROFESSIONALISM
Subchapter D. FIRM, SOLE PROPRIETORSHIP AND GOVERNMENTAL ENTITY COMPLIANCE
Part 29.
TEXAS BOARD OF PROFESSIONAL LAND SURVEYING
Subchapter E. CONTESTED CASES
Chapter 663.
STANDARDS OF RESPONSIBILITY AND RULES OF CONDUCT
Subchapter B. PROFESSIONAL AND TECHNICAL STANDARDS
Part 32.
STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
Subchapter K. ISSUANCE AND DISPLAY OF LICENSE AND REGISTRATION
Subchapter L. LICENSE AND REGISTRATION RENEWAL
Subchapter M. FEES AND PROCESSING PROCEDURES