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 amendments to §§741.1, 741.44, 741.45, 741.61, 741.62, 741.64, 741.81 - 741.85, 741.91, 741.101, 741.112, 741.161 - 741.164, 741.181, and 741.201, concerning the regulation and licensure of speech-language pathologists and audiologists.

BACKGROUND AND PURPOSE

The proposed rule amendments are intended to update the rules so that they reflect the board's current operational procedures in processing and approving licensure applications and to provide clarification of the rules, so that the intent is not ambiguous for license holders and the public. The rules are proposed for amendment so that the rules reflect current national standards relating to the regulation of speech-language pathologists and audiologists. Additionally, a new continuing education requirement in ethics is proposed as a means to enhance the quality of services provided to the public through increased professional and ethical competence of license holders.

SECTION-BY-SECTION SUMMARY

Amendments to §741.1 are proposed to delete the separate definitions of "dispense" and "fit" and to propose a new definition of "fitting and dispensing hearing instruments" intended to clarify and improve the section. The amendments to §741.44(a) are proposed to clarify that, if the speech-language pathologist does not have the required experience, the person may request review of the person's qualifications. The amendment to §741.44(b)(1)(A) is proposed to clarify that the person being supervised must hold a current license.

The amendment to §741.45 is proposed to remove obsolete language. The amendment to §741.61 is proposed to clarify acceptable documentation required from applicants who graduated from a college or university not accredited by the American Speech-Language-Hearing Association. The amendments to §741.62 and §741.64 are proposed to delete the provision that the requirements must be met within 10 years of the date of application; to clarify the responsibilities of a supervisor; to clarify the documentation required; to clarify the responsibilities and duties of licensed speech-language pathology assistants; and to update the rules to reflect national regulatory standards.

The amendments to §741.81 are proposed to clarify the educational documentation required from an applicant. The amendments to §741.82 are proposed to delete the provision that the requirements must be met within 10 years of the date of application; to clarify the documentation required; and to update the rules to reflect national regulatory standards. Amendments to §761.83 are proposed to provide that an applicant may submit certification by the American Board of Audiology as evidence that the applicant meets clinical experience and examination requirements for licensure. The amendments to §741.84 are proposed to delete the provision that the requirements must be met within 10 years of the date of application; and to update and clarify the section. The amendment to §761.85 is proposed to delete obsolete language.

The Amendment to §741.91 is proposed to clarify documentation required from an applicant. The amendment to §741.101 is proposed to delete obsolete language. The amendments to §741.112 are proposed for clarity and consistency with other proposed amendments.

The amendment to §741.161 is proposed to clarify the appropriate continuing education documentation required at the time of license renewal. Amendment to §741.162 is proposed to clarify documentation required from license holder and to require the biennial completion of continuing education in ethics, to be effective April 30, 2009. Amendments to §741.163 and §741.164 are proposed to correct citations and clarify the rules.

The amendments to §741.181 are proposed to delete obsolete language relating to provision licenses and licenses issued for a one-year term, and to clarify that the penalty fee for insufficient checks is $25 instead of $50.

The amendment to §741.201 is proposed to correct a typographical error.

FISCAL NOTE

Joyce Parsons, Executive Director, has determined that for each year of the first five years the sections are in effect, there will be a fiscal impact to state government as a result of enforcing or administering the sections as proposed. The reduction of the penalty fee for insufficient checks from $50 to $25 may result in a minor decrease in revenue collections. The number of checks returned as insufficient is currently fewer than five per year, and could vary from year to year. No fiscal impact to local government is expected.

SMALL AND MICRO-BUSINESS IMPACT ANALYSIS.

Ms. Parsons has also determined that there will be no effect on small businesses or micro-businesses required to comply with the sections as proposed. This was determined by interpretation of the rules that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the sections. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no anticipated negative impact on local employment.

PUBLIC BENEFIT

Ms. Parsons has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing or administering the sections will be to ensure the effective regulation of speech-language pathologists and audiologists in Texas.

REGULATORY ANALYSIS

The department has determined that this proposal is not a "major environmental rule" as defined by Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

TAKINGS IMPACT ASSESSMENT

The department has determined that the proposed amendments do not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, do not constitute a taking under Government Code, §2007.043.

PUBLIC COMMENT

Comments on the proposal may be submitted to Joyce Parsons, Executive Director, State Board of Examiners for Speech-Language Pathology and Audiology, MC-1982, 1100 West 49th Street, Austin, Texas 78756. Comments may also be sent through e-mail to speech@dshs.state.tx.us. Please write "Comments on Proposed Rules" in the subject line. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

Subchapter A. DEFINITIONS

22 TAC §741.1

STATUTORY AUTHORITY

The amendment is proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendment affects Texas Occupations Code, Chapter 401.

§741.1.Definitions.

Unless the context clearly indicates otherwise, the words and terms below shall have the following meanings. Refer to Texas Occupations Code, §401.001, for definitions of additional words and terms.

(1) - (4) (No change).

[ (5) Dispense--To directly or indirectly provide or deliver a product by U.S. Postal Service or any commercial delivery service to a consumer. ]

(5) [ (6) ] Ear specialist--A licensed physician who specializes in diseases of the ear and is medically trained to identify the symptoms of deafness in the context of the total health of the client, and is qualified by special training to diagnose and treat hearing loss. Such physicians are also known as otolaryngologists, otologists, neurotologists, otorhinolaryngologists, and ear, nose, and throat specialists.

(6) [ (7) ] Extended absence--More than two consecutive working days for any single continuing education experience.

(7) [ (8) ] Extended recheck--Starting at 40 dB and going down by 10 dB until no response is obtained or until 20 dB is reached and then up by 5 dB until a response is obtained. The frequencies to be evaluated are 1,000, 2,000, and 4,000 hertz (Hz).

(8) Fitting and dispensing hearing instruments--The measurement of human hearing using professionally accepted practices to select, adapt, or sell a hearing instrument.

[ (9) Fit--Initial selection, adjustment, programming, or modification of a personal amplification device or system. ]

(9) [ (10) ] Health care professional--An individual required to be licensed under Texas Occupations Code, Chapter 401, or any person licensed, certified, or registered by the state in a health-related profession.

(10) [ (11) ] Hearing instrument--A device designed for, offered for the purpose of, or represented as aiding persons with or compensating for, impaired hearing.

(11) [ (12) ] Hearing screening--A test administered with pass/fail results for the purpose of rapidly identifying those persons with possible hearing impairment which has the potential of interfering with communication.

(12) [ (13) ] Sale or purchase--Includes the sale, lease or rental of a hearing instrument to a member of the consuming public who is a user or prospective user of a hearing instrument.

(13) [ (14) ] Under the direction of--The licensed speech-language pathologist or audiologist directly oversees the services provided and accepts professional responsibility for the actions of the personnel he or she agrees to direct.

(14) [ (15) ] Used hearing instrument--A hearing instrument that has been worn for any period of time by a user. However, a hearing instrument shall not be considered "used" merely because it has been worn by a prospective user as a part of a bona fide hearing instrument evaluation conducted to determine whether to select that particular hearing instrument for that prospective user, if such evaluation has been conducted in the presence of the dispenser or a hearing instrument health professional selected by the dispenser to assist the buyer in making such a determination.

This agency hereby certifies that the 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 January 11, 2008.

TRD-200800137

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §741.44, §741.45

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendments affect Texas Occupations Code, Chapter 401.

§741.44.Requirements, Duties, and Responsibilities of Supervisors.

(a) A licensee must have three years of professional experience in providing direct client services in the area of licensure in order to supervise an intern or assistant. The licensee's practice when completing the 36-week full time internship may be counted toward the three years of experience. If the licensed speech-language pathologist [ supervisor ] does not have the required experience, he or she may submit a written request outlining his or her qualifications and the reason for the request. The board's designee shall evaluate the request and approve or disapprove it within 15 working days of receipt by the board.

(b) A supervisor of an intern or assistant shall:

(1) ensure that all services provided are in compliance with this chapter and the Act, such as verifying:

(A) the intern or assistant holds a current license;

(B) - (D) (No change.)

(2) - (4) (No change.)

(c) - (e) (No change.)

§741.45.Consumer Information and Display of License.

(a) - (b) (No change.)

(c) A holder of [ a provisional license or ] a temporary certificate of registration shall display the certificate as issued by the board in the primary location of practice.

(d) - (e) (No change.)

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 January 11, 2008.

TRD-200800138

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §§741.61, 741.62, 741.64

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendments affect Texas Occupations Code, Chapter 401.

§741.61.Requirements for a Speech-Language Pathology License.

(a) (No change.)

(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 the conferred transcripts shall verify the applicant completed the following:

(A) - (C) (No change.)

(2) - (3) (No change.)

(4) 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 conferred 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.

(5) An applicant who graduated from a college or university not accredited by the American Speech-Language Hearing Association Council on Academic Accreditation shall submit an original signed letter from the American Speech-Language-Hearing Association (ASHA) stating the Clinical Certification Board accepted the course work and clinical experience. [ 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) - (g) (No change.)

§741.62.Requirements for an Intern in Speech-Language Pathology License.

(a) An applicant for the intern in speech-language pathology license shall meet the requirements set out in the Act and §741.61(a) - (c) of this title (relating to Requirements for a Speech-Language Pathology License) [ within 10 years of the date of application ] for the intern license.

(b) (No change.)

(c) An original or certified copy of the conferred transcript is required and shall be evaluated under §741.61(b) of this title.

(d) Masters students. An applicant who successfully completed all academic and clinical requirements of §741.61(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience but shall submit verification from the program director or designee verifying the applicant has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, and is awaiting the date of next graduation for the degree to be conferred. This letter is in addition to the original or certified copy of the transcripts required in subsection (c) of this section.

(e) Doctoral students. An applicant who has successfully completed all academic and clinical requirements of §741.61(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience. The applicant shall submit an original or certified copy of a letter from the program director or designee verifying the applicant is enrolled in a professionally recognized accredited doctoral program as approved by the board and has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, but has not had the degree officially conferred. This letter is in addition to the original or certified copy of the transcripts required in subsection (c) of this section.

(f) (No change.)

(g) An intern plan and agreement of supervision form shall be completed and signed by both the applicant and the licensed speech-language pathologist who agrees to assume responsibility for all services provided by the intern. The supervisor shall hold a valid Texas license in speech-language pathology and possess at least a master's degree with a major in one of the areas of communicative sciences and disorders. The supervisor shall have practiced for at least three years and shall submit a signed statement verifying that the supervisor has met this requirement. The licensee's practice when completing the 36-week full time internship may be counted toward the three years of experience. If the supervisor does not have the required experience the supervisor shall submit a written request outlining the supervisor's qualifications and justifications for the request for an exception. The board's designee shall evaluate the request and approve or disapprove it within 15 working days of receipt by the board.

(1) (No change.)

(2) In the event more than one licensed speech-language pathologist agrees to supervise the intern, each supervisor [ the primary and secondary supervisors ] shall be identified and the Intern Plan and Agreement of Supervision [ supervisory ] form must be signed by each supervisor.

(3) - (4) (No change.)

(h) The internship shall:

(1) - (3) (No change.)

(4) consist of a minimum of 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which clinical work has been accomplished in speech-language pathology. Full-time employment is defined as a minimum of 35 [ 30 ] hours per week in direct client clinical work. Part-time equivalent is defined as follows:

(A) (No change.)

(B) 15 - 21 [ 19 ] hours per week for over 72 weeks;

(C) 22 [ 20 ] - 28 [ 24 ] hours per week for over 60 weeks; or

(D) 29 [ 25 ] - 34 [ 29 ] hours per week for over 48 weeks;

(5) - (6) (No change.)

(i) (No change.)

(j) An intern who is employed full-time as defined by subsection (h)(3) of this section and wishes to practice at an additional site, shall submit the Intern Plan and Agreement of Supervision [ intern plan and agreement of supervision ] form for that site. [ At the additional site, the intern shall receive the minimum of one hour of face-to-face supervision and one hour of indirect supervision per month. ]

(k) During each segment of the internship, each [ the primary ] supervisor shall conduct a formal evaluation of the intern's progress in the development of professional skills. Documentation of this evaluation shall be maintained by both parties for three years or until the speech-language pathology license is granted. A copy of this documentation shall be submitted to the board upon request.

(l) Prior to implementing changes in the internship, approval from the board office is required.

(1) (No change.)

(2) Each [ A primary ] supervisor who ceases supervising an intern shall submit a report of completed internship form for the portion of the internship completed under the supervisor's supervision. This must be submitted within 30 days of the date the supervision ended.

[ (3) Secondary supervisor(s) who cease supervising an intern shall submit written documentation of the intern's performance under his or her supervision. This must be submitted within 30 days of the date the supervision ended. ]

(3) [ (4) ] If the intern changes his or her employer but the supervisor and the number of hours employed per week remain the same, the supervisor shall submit a signed statement giving the name, address and phone number of the new location. This must be submitted within 30 days of the date the change occurred.

(4) [ (5) ] If the number of hours worked per week changes but the supervisor and the location remain the same, the supervisor shall submit a signed statement giving the date the change occurred and the number of hours per week the intern is now working. A report of completed internship form shall be submitted for the past experience, clearly indicating the number of hours worked per week. This must be submitted within 30 days of the date the change occurred.

(m) - (o) (No change.)

§741.64.Requirements for an Assistant in Speech-Language Pathology License.

(a) An applicant for an assistant in speech-language pathology license shall meet the requirements set out in the Act, and this section [ within 10 years of the date of application for the assistant license ]. The applicant for the assistant license must:

(1) (No change.)

(2) have acquired the following [ 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 24 semester hours in speech-language pathology and/or audiology;

[ (A) at least three semester hours in language disorders; ]

(B) and at least 18 semester hours of the 24 hours must be in speech-language pathology; and

[ (B) at least three semester hours in speech disorders; and ]

(C) at least three semester hours in language disorders;

[ (C) excludes clinical experience and course work such as special education, deaf education, or sign language; and ]

(D) at least three semester hours in speech disorders; and

(E) excludes clinical experience and course work such as special education, deaf education, or sign language; and

(3) (No change.)

(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 the conferred transcripts shall be submitted and reviewed as follows:

(A) only course work earned [ completed ] within the past 10 years with a grade of "C" or above is acceptable;

(B) - (C) (No change.)

(2) (No change.)

(c) - (d) (No change.)

(e) An applicant who has not acquired the hours referenced in subsection (b)(3) of this section shall not meet the minimum qualifications for the assistant license. Other than acquiring the 25 hours of clinical observation and the 25 hours of clinical assisting experience through an accredited college or university, there are no other exemptions in the Act, for an applicant to acquire the hours. The applicant shall first obtain the assistant license by submitting the forms, fees, and documentation referenced in §741.112(e) of this title (relating to Required Application Materials) and include a clinical deficiency plan to acquire the clinical observation and clinical assisting experience hours lacking.

(1) - (4) (No change.)

(5) Board staff shall evaluate the documentation required in paragraph (4) of this subsection and inform the licensed assistant and licensed speech-language pathologist who will provide the licensed assistant with the training [ trainer ] if acceptable.

(6) A licensed [ An ] assistant may continue to practice under supervision of the licensed speech-language pathologist who will provide the licensed assistant with the training [ trainer ] while the board office evaluates the documentation identified in paragraph (4) of this subsection.

(7) (No change.)

(f) A supervisory responsibility statement form shall be completed and signed by both the applicant and the licensed speech-language pathologist who agrees to assume responsibility for all services provided by the assistant. The supervisor shall have practiced for at least three years and shall submit a signed statement verifying he or she has met this requirement. If the supervisor does not have the required experience, the supervisor shall submit a written request outlining the supervisor's qualifications and a justification for the request for an exception. The board's designee shall evaluate the request and approve or disapprove it within 15 working days of receipt by the board.

(1) (No change.)

(2) In the event more than one licensed speech-language pathologist agrees to supervise the assistant, each [ the primary and secondary ] supervisor shall be identified on the supervisor responsibility statement.

(3) - (5) (No change.)

(g) A licensed speech-language pathologist shall assign duties and provide appropriate supervision to the assistant.

(1) - (4) (No change.)

(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 approve or disapprove [ 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 licensed speech-language pathology assistant;

(B) the name and signature of the supervising speech-language pathologist [ supervisor ];

(C) - (F) (No change.)

(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 disapprove [ reject ] the plan.

(7) (No change.)

(h) (No change.)

(i) A licensed speech-language pathology assistant may represent special education and speech pathology at Admission, Review and Dismissal (ARD) meetings with the following stipulations.

(1) The speech-language pathology assistant shall have written documentation of approval from the licensed, board approved speech-language pathologist [ SLP ] supervisor.

(2) (No change.)

(3) The speech-language pathology assistant may attend, with written approval of the supervising speech-language pathologist, a student's annual review ARD meeting if the meeting involves a student for whom the licensed speech-language pathology assistant provides services. If an assistant attends a meeting as provided by this rule, the supervising speech-language pathologist is not required to attend the meeting. A supervising speech-language pathologist must attend an ARD meeting if the purpose of the meeting is to develop a student's initial individual educational plan or if the meeting is to consider the student's dismissal, unless the supervising speech-language pathologist has submitted their recommendation in writing on or before the date of the meeting.

(4) The speech-language pathology assistant shall present Individual Educational Plan (IEP) goals and objectives that have been developed by the supervising speech-language pathologist [ SLP ] and reviewed with the parent by the speech-language pathologist [ SLP ].

(5) The speech-language pathology assistant shall discontinue participation in the ARD meeting, and contact the supervising speech-language pathologist [ SLP ], when questions or changes arise regarding the IEP Document.

(j) (No change.)

(k) The licensed speech-language pathology assistant shall not:

(1) - (4) (No change.)

(5) attend staffing meeting or ARD without the licensed assistant's supervising speech-language pathologist [ supervisor ] being present except as specified in this section;

(6) - (17) (No change.)

(l) (No change.)

(m) The board may audit a random sampling of licensed speech-language pathology assistants for compliance with this section and §741.44 of this title (relating to Requirements, Duties, and Responsibilities of Supervisors).

(1) (No change.)

(2) Upon receipt of an audit notification, the licensed speech-language pathology 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) The licensed speech-language pathology assistant and the supervising speech-language pathologist [ 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 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 January 11, 2008.

TRD-200800139

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §§741.81 - 741.85

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendments affect Texas Occupations Code, Chapter 401.

§741.81.Requirements for an Audiology License.

(a) (No change.)

(b) The graduate degree shall be completed at a college or university that has a program accredited by the American Speech-Language Hearing Association Council on Academic Accreditation and holds accreditation or candidacy status from a recognized regional accrediting agency.

(1) Original or certified copies of the conferred transcripts shall verify the applicant completed the following [ with a grade of "C" or above ]:

(A) - (C) (No change.)

(2) - (3) (No change.)

(4) 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 conferred 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.

(5) (No change.)

(c) - (g) (No change.)

§741.82.Requirements for an Intern in Audiology License.

(a) An applicant for the intern in audiology license shall meet the requirements set out in the Act and §741.81(a) - (c) of this title (relating to Requirements for an Audiology License) [ within 10 years of the date of application for the intern license ].

(b) (No change.)

(c) An original or certified copy of the conferred transcript is required and shall be evaluated under §741.81(b) of this title.

(d) An applicant who has successfully completed all academic and clinical requirements of §741.81(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience but shall submit an original or certified copy of a letter from the program director or designee verifying the applicant has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, and is awaiting the date of next graduation for the degree to be conferred. This letter is in addition to the original or certified copy of the conferred transcripts required in subsection (c) of this section.

(e) An applicant who has successfully completed all academic and clinical requirements of §741.81(a) - (c) of this title but who has not had the degree officially conferred may be licensed as an intern in order to begin the supervised professional experience. The applicant shall submit an original or certified copy of a letter from the program director or designee verifying the applicant is enrolled in a professionally recognized accredited doctor of audiology (Au.D.) program as approved by the board and has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, but has not had the degree officially conferred. This letter is in addition to the original or certified copy of the conferred transcripts required in subsection (c) of this section.

(f) An applicant whose graduate [ master's ] degree is received at a college or university accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation will receive automatic approval of the course work and clinical experience if the program director or designee verifies that all requirements as outlined in §741.81(a) - (c) of this title have been met and review of the transcript shows that the applicant has successfully completed at least 24 semester credit hours acceptable toward a graduate degree in the area of audiology with six hours in speech-language pathology.

(g) (No change.)

(h) The internship shall:

(1) - (3) (No change.)

(4) consist of 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which bona fide clinical work has been accomplished in audiology. Full-time employment is defined as a minimum of 35 [ 30 ] hours per week in direct client clinical work. Part-time equivalent is defined as follows:

(A) (No change.)

(B) 15 - 21 [ 19 ] hours per week for over 72 weeks;

(C) 22 [ 20 ] - 28 [ 24 ] hours per week for over 60 weeks; or

(D) 29 [ 25 ] - 34 [ 29 ] hours per week for over 48 weeks;

(5) - (6) (No change.)

(i) - (m) (No change.)

§741.83.Waiver of Clinical and Examination Requirements for Audiologists.

An applicant who currently holds the ASHA Certificate of Clinical Competence (CCC) or the American Board of Audiology (ABA) certification may submit official documentation from ASHA or ABA [ of the CCC ] as evidence that the applicant meets the clinical experience and examination requirements as referenced in [ the Act and ] §741.81 of this title (relating to Requirements for an Audiology License.)

§741.84.Requirements for an Assistant in Audiology License.

(a) An applicant for an assistant in audiology license shall meet the requirements set out in the Act and this section [ within 10 years of the date of application for the assistant license ].

(b) (No change.)

(c) The baccalaureate degree shall be completed at a college or university that has a program accredited by the American Speech-Language-Hearing Association Council on Academic Accreditation or holds accreditation or candidacy status from a recognized regional accrediting agency.

(1) Original or certified copy of the conferred transcripts shall be submitted and reviewed as follows:

(A) only course work earned [ completed ] within the past 10 years with a grade of "C" or above is acceptable;

(B) - (C) (No change.)

(2) (No change.)

(d) - (e) (No change.)

(f) An applicant who has not acquired the hours referenced in subsection (b)(3) of this section shall not meet the minimum qualifications for the assistant license. Other than acquiring the 25 hours of clinical observation and the 25 hours of clinical assisting experience through an accredited college or university, there are no other exemptions in the Act for an applicant to acquire the hours. The applicant shall first obtain the assistant license by submitting the forms, fees, and documentation referenced in §741.112(e) of this title (relating to Required Application Materials) and include a clinical deficiency plan to acquire the clinical observation and clinical assisting experience hours lacking.

(1) The licensed audiologist who will provide the assistant with the training to acquire these hours shall submit:

(A) (No change.)

(B) a clinical deficiency plan that shall include the following:

(i) (No change.)

(ii) name, qualifications, and signature of the licensed audiologist who will provide the licensed assistant with the training [ trainer ];

(iii) - (v) (No change.)

(2) - (3) (No change.)

(4) Immediately upon completion of the clinical deficiency plan, the licensed audiologist who is providing the licensed assistant with the training [ trainer ] identified in the plan shall submit:

(A) - (C) (No change.)

(5) - (6) (No change.)

(7) A licensed [ An ] assistant may continue to practice under the supervision of the licensed audiologist who is providing the licensed assistant with the training [ trainer ] while the board office evaluates the documentation identified in paragraphs (4) and (5) of this subsection.

(8) (No change.)

(g) (No change.)

(h) A licensed audiologist shall assign duties and provide appropriate supervision to the assistant.

(1) - (4) (No change.)

(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) (No change.)

(B) the name and signature of the supervising audiologist [ supervisor ];

(C) - (F) (No change.)

(6) - (7) (No change.)

(i) - (l) (No change.)

§741.85.Requirements for a Temporary Certificate of Registration in Audiology.

(a) - (b) (No change.)

[ (c) The temporary certificate of registration does not include a provision to allow the holder to fit and dispense hearing instruments. ]

(c) [ (d) ] A temporary certificate of registration is not renewable.

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 January 11, 2008.

TRD-200800140

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §741.91

STATUTORY AUTHORITY

The amendment is proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendment affects Texas Occupations Code, Chapter 401.

§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 Act shall meet the requirements set out in:

(1) (No change.)

(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) (No change.)

(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) (No change.)

(ii) 600 minimum graduate credit hours of clinical experience with at least 300 hours in speech-language pathology under direction of a graduate [ master's ] degreed licensed speech-language pathologist and at least 300 hours in audiology under direction of a graduate [ master's ] degreed licensed audiologist.

(b) - (d) (No change.)

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 January 11, 2008.

TRD-200800141

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §741.101

STATUTORY AUTHORITY

The amendment is proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendment affects Texas Occupations Code, Chapter 401.

§741.101.Registration of Audiologists and Interns in Audiology to Fit and Dispense Hearing Instruments.

(a) The audiology license [ and provisional audiology license ] constitute registration to fit and dispense hearing instruments.

(b) (No change.)

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 January 11, 2008.

TRD-200800142

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §741.112

STATUTORY AUTHORITY

The amendment is proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendment affects Texas Occupations Code, Chapter 401.

§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) - (2) (No change.)

(3) an original or certified copy of the conferred 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 on 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) - (6) (No change.)

(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) - (2) (No change.)

(3) an original or certified copy of the conferred 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 on 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 graduate [ master's ] degree has not been officially conferred, an original or certified copy of transcript(s) and verification from the university attended verifying the applicant successfully completed all requirements for the graduate [ master's ] degree, and is only awaiting the date of next graduation for the degree to be conferred;

(5) - (6) (No change.)

(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 Clinical and Examination Requirements for Speech-Language Pathologists) or §741.83 of this title (relating to Waiver of Clinical and Examination Requirements for Audiologists) shall submit the following:

(1) - (2) (No change.)

(3) an original or certified copy of a signed letter from the American Speech-Language-Hearing Association (ASHA) or the American Board of Audiology (ABA) which verifies the applicant currently holds the certificate of clinical competence or board certification in the area in which the applicant has applied for license; and

(4) an original or certified copy of the conferred 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 whose transcript is in a language other than English shall submit an original evaluation form from an approved credentialing agency.

(d) An applicant applying for an assistant in speech-language pathology license under §741.64 of this title (relating to Requirements for an Assistant in Speech-Language Pathology License) or an assistant in audiology license under §741.84 of this title (relating to Requirements for an Assistant in Audiology License) shall submit the following:

(1) - (3) (No change.)

(4) an original or certified copy of the conferred 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) - (6) (No change.)

(e) An applicant applying for a speech-language pathology temporary certificate of registration under §741.65 of this title (relating to Requirements for a Temporary Certificate of Registration in Speech-Language Pathology) or an audiology temporary certificate of registration under §741.85 of this title (relating to Requirements for a Temporary Certificate of Registration in Audiology) shall submit the following:

(1) - (2) (No change.)

(3) an original or certified copy of the conferred 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 on 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) - (6) (No change.)

(f) - (g) (No change.)

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 January 11, 2008.

TRD-200800143

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §§741.161 - 741.164

STATUTORY AUTHORITY

The amendments are proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The amendments affect Texas Occupations Code, Chapter 401.

§741.161.Renewal Procedures.

(a) - (f) (No change.)

(g) The board office shall not consider a license to be renewed until the following has been received and found acceptable:

(1) - (2) (No change.)

(3) continuing education audit documentation, if selected for continuing education audit [ if selected for audit as defined in subsection (o) of this section, the record of continuing education hours earned/used/available/dropped form, referred to as the CE log, which covers at least the past three renewal periods and verification of approved continuing education hours ].

(4) (No change.)

(h) - (t) (No change.)

§741.162.Requirements for Continuing Professional Education.

(a) - (b) (No change.)

(c) [ Ten clock hours (one CEU) shall be required to renew a license issued for a one-year term. ] Twenty clock hours (two CEUs) shall be required to renew a license issued for a two-year term. 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 CEUs) to renew a license issued for a one-year term and ] 30 clock hours (three CEUs) to renew a license issued for a two-year term. Effective April 30, 2009, a license holder must complete a minimum of two clock hours (0.2 CEUs) in ethics as part of the continuing education requirement.

(d) - (j) (No change.)

(k) 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. Acceptable verification shall be:

(1) - (3) (No change.)

(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; and

[ (5) an original or certified copy of the score if earned under subsection (i) of this section; and]

(5) [ (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 documentation. 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 documentation.

(l) - (m) (No change.)

§741.163.Inactive Status.

(a) - (h) (No change.)

(i) The inactive licensee shall earn 10 continuing education hours (1 CEU) or 15 hours (1.5 CEUs) 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 (i) [ (j) or (k) ] of this title and are available for use when the request for reactivation is received by the board.

(j) - (n) (No change.)

§741.164.Late Renewal of a License.

(a) - (b) (No change.)

(c) The following shall be submitted to renew a license after expiration of the grace period:

(1) - (2) (No change.)

(3) Continuing Education [ CE ] documentation as required by §741.162 (i) [ (l) ] of this title (relating to Requirements for Continuing Professional Education); and

(4) verification of continuing education hours earned as required by §741.162 (k) [ (m) ] of this title.

(d) (No change.)

(e) Continuing education hours accrued under §741.162 (i) [ (j) or (k) ] of this title may be used if the hours are available for use when the request for renewal is received by the board.

(f) - (i) (No change.)

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 January 11, 2008.

TRD-200800144

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §741.181

STATUTORY AUTHORITY

The amendment is proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The proposed amendment affects Texas Occupations Code, Chapter 401.

§741.181.Schedule of Fees.

(a) All fees paid to the board are non-refundable. For all applications and renewal applications, the board is authorized to collect subscription and convenience fees, in amounts determined by the Texas Online Authority, to recover costs associated with application and renewal application processing through Texas Online. For all applications and renewal applications, the board is authorized to collect fees to fund the Office of Patient Protection within the Health Professions Council, as required by Occupations Code, §101.307 (relating to Health Professions Council Funding of Office.) The schedule of fees is as follows:

(1) application and initial license fee:

(A) (No change.)

(B) an intern license-- $75 [ for a one year license ].

[ (2) provisional application and initial license fee--$75;]

(2) [ (3) ] temporary certificate of registration fee--$55;

(3) [ (4) ] license renewal fee-- $100; [ : ]

[ (A) $50 for one year license;]

[ (B) $100 for a two year license;]

(4) [ (5) ] dual license fees as a speech-language pathologist and audiologist--each license must be renewed separately and fees will be determined separately:

(5) [ (6) ] duplicate license, certificate, or registration fee--$10;

(6) [ (7) ] inactive status fee--$45;

(7) [ (8) ] license verification fee--$10;

(8) [ (9) ] late renewal penalty fee--an amount equal to the renewal fee(s), with a maximum of three renewal fees, plus the examination fee;

(9) [ (10) ] examination fee--the amount charged by the board's designee administering the examination; and

(b) (No change.)

(c) An applicant whose check for the application and initial license fee is returned marked insufficient funds, account closed, or payment stopped shall be allowed to reinstate the application by remitting to the board a money order or check for guaranteed funds within 30 days of the date of the receipt of the board's notice. Otherwise, the application and the approval shall be invalid. A penalty fee of $25 [ $50 ], in addition to the amount of the check, must be included with the payment remitted to the board office.

(d) A licensee whose check for the renewal fee is returned marked insufficient funds, account closed, or payment stopped shall remit to the board a money order or check for guaranteed funds within 30 days of the date of receipt of the board's notice. Otherwise, the license shall not be renewed. If a renewal card has already been issued, it shall be invalid. If the guaranteed funds are received after expiration of the 60-day grace period, a late renewal penalty fee shall be assessed. A penalty fee of $25 [ $50 ], in addition to the amount of the check, must be included with the payment remitted to the board office.

This agency hereby certifies that the 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 January 11, 2008.

TRD-200800145

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972

22 TAC §741.201

STATUTORY AUTHORITY

The amendment is proposed under Texas Occupations Code, §401.202, which provides the State Board of Examiners for Speech-Language Pathology and Audiology with the authority to adopt rules necessary to administer and enforce Texas Occupations Code, Chapter 401.

The proposed amendment affects Texas Occupations Code, Chapter 401.

§741.201.Suspension of License Relating to Child Support and Child Custody.

(a) - (e) (No change.)

(f) An individual who continues to engage in the practice of speech-language pathology or audiology [ counseling ] or continues to hold himself out to the public as a license holder after the issuance of a court or attorney general's order suspending the license is liable for the same civil and criminal penalties provided for engaging in the prohibited activity without a license or while a license is suspended as any other license holder of the board.

(g) - (h) (No change.)

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 January 11, 2008.

TRD-200800146

Kerry Ormson, Ed.D., Au.D.

Presiding Officer

State Board of Examiners for Speech-Language Pathology and Audiology

Earliest possible date of adoption: February 24, 2008

For further information, please call: (512) 458-7111 x6972