Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 16. ECONOMIC REGULATION Part I. Railroad Commission of Texas Chapter 5. Transportation Division Subchapter T. Single-State Registration of Interstate Motor Carrier Operations 16 TAC sec.sec.5.371-5.381 The Railroad Commission of Texas adopts on an emergency basis new Subchapter T, sec.sec.5.371-5.381, concerning Single State Registration of Interstate Motor Carrier Operations. The emergency adoption of the new rules is necessary to allow ICC-licensed motor carriers to immediately register with the commission those operations authorized by the Interstate Commerce Commission. The rules are proposed as a result of enactment of House Bill 1590, 73rd Legislature, 1993, which authorized the commission to implement the single-state registration system provided by 49 United States Code, sec.11506, and Interstate Commerce Commission (ICC) rules at 49 Code of Federal Regulations, Part 1023, Standards for Registration with States. This federal statute requires all ICC-licensed motor carriers to comply with the single state registration standards to operate in all states of travel for which the motor carrier paid registration fees. The proposed rules for permanent adoption were published for public comment in the October 26, 1993, issue of the Texas Register (18 TexReg 7451). The only revision to the proposed rules is the addition of the following language to the second sentence of sec.5.373(c),(relating to payment of fees): "on all of its vehicles for which an annual fee has not been paid to the commission pursuant to sec.5.152(f) of this title (relating to cab cards)." The revision is made as a result of comments provided at the November 3, 1993, public hearing on the proposed rules and will prevent dual payment on vehicles registered in both intrastate and interstate commerce. The ICC rules governing the single state registration system are currently under appeal in federal district court, in the District of Columbia, in two cases styled NARUC, et al. v. ICC, et al, Number 93-1362 and American Insurance Association, et al. v. ICC, et al.; Number 93-1450. The commission is a party appealing the ICC rules in case Number 93-1362. Issues in these appeals include the validity of the ICC's rules on the maximum fee that participating states may charge carriers and the type of documents that each carrier must carry in vehicles as proof of registration. The emergency rules follow and are consistent with the ICC rules; however, the Commission in no way is waiving any issue or claim that it may assert in the referenced litigation. The proposed fee schedule in sec.5.373 reflects the maximum amounts determined proper by the ICC. This proposed fee schedule will be adopted pending resolution of the appeal of the ICC rules. The commission gives notice and reserves the right to readjust these fees if the ICC rules are determined by the court to be invalid. Similarly, other amendments to the commission's rules may be made pursuant to a final court ruling. Without these emergency rules, numerous ICC-authorized motor carriers seeking to register in Texas may not be able to meet a registration deadline of November 30, 1993, imposed by the federal government. In addition, these regulations set fees which must be collected by the commission for other states by November 30, 1993. Under the federal law, an ICC-licensed motor carrier whose principal place of business is in Texas must file with the commission proof of liability insurance coverage. In addition, an ICC-licensed motor carrier must register its motor vehicles and pay registration fees to one state for all states of travel. Motor carriers seeking to register in Texas must be allowed adequate time in November 1993 to complete these tasks under adopted rules of the commission. Once a motor carrier complies with the registration requirement in Texas, the commission must provide the motor carrier a registration receipt, a copy of which must be carried in each registered motor vehicle. Without these emergency rules, the commission will not be able to ensure timely issuance of registration receipts to ICC-licensed motor carriers and, therefore, to allow such carriers an adequate time to distribute copies to their fleets prior to the deadline of January 1, 1994. For these reasons, the commission finds an imminent peril to the public safety and welfare if the new rules are not adopted on an emergency basis for a period of 120 days from the date of filing of the rules with the Texas Secretary of State. The rules are adopted on an emergency basis as a result of House Bill 1590, 73rd Legislature, 1993, which authorizes the commission to take those actions necessary to participate to the fullest extent practicable in the single state registration system established by sec.4005 of Title IV of the Intermodal Surface Transportation Efficiency Act of 1991 (49 United States Code, sec.11506) . The code and statutes affected by the adopted rules are 49 United States Code, sec.11506, and Texas Civil Statutes, Article 911b. sec.5.371. Participation in the Single State Registration System. (a) The State of Texas, through the commission, participates in the single- state registration system established by the Intermodal Surface Transportation Efficiency Act of 1991, sec.4005 Title IV, (49 United States Code, sec.11506) and Texas Civil Statutes, Article 911b, sec.18a. (b) Any motor carrier that has its principal place of business in Texas or selects Texas as its registration state under 49 Code of Federal Regulations, sec.1023.3, shall file with the commission an application to register for all states of travel as required by 49 United States Code, sec.11506 before beginning operations in Texas. A motor carrier authorized by the ICC to transport passengers or property that must register in a state other than Texas must fully comply with 49 United States Code, sec.11506 before operating in Texas. sec.5.372. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Applicant-a motor carrier or carrier which files an application with a registration state for the purpose of complying with the standards promulgated under 49 United States Code, sec.11506. Audit-a review of records and source documents of a registrant to determine its compliance with the requirements of this subchapter. Cancellation of Registration-the annulment of a registration by the registrant. The commission -the Railroad Commission of Texas. Good standing-a registrant that meets the requirements of this subchapter, including, but not limited to, the filing of proof of insurance, designating an agent for service of process, filing of copies of interstate authority in the registration state, and filing changes to its name and/or address. ICC-the Interstate Commerce Commission. Jurisdiction-a State of the United States, the District of Columbia, a Province or Territory of Canada, or the Republic of Mexico. Motor Carrier and Carrier-a person authorized to transport passengers or property, as a common or contract carrier, in interstate or foreign commerce, under the provisions of 49 United States Code, sec.sec.l0922, l0923, or l0928. Motor Vehicle-a self-propelled or motor-driven vehicle operated by a motor carrier in interstate or foreign commerce under authority issued by the ICC. Person-an individual, corporation, partnership, association, trust, or other legal entity. Principal Place of Business-a single location that serves as the motor carrier's headquarters and where it maintains or can make available its operational records. Proof of Insurance -evidence filed with the commission by or on behalf of the registrant and which complies with the requirements of 49 Code of Federal Regulations, Part 1043. Registrant-a motor carrier or carrier which holds a valid single-state registration, as defined in 49 Code of Federal Regulations, Part 1023, issued by the commission or a registration state. Registration State -a state where the registrant maintains a valid single- state registration as defined in 49 Code of Federal Regulations, Part 1023. Reinstatement-a restoration of privileges granted to a registrant by the commission or its registration state. Registration Period -a period of time from August l-November 30 of the year preceding a registration year. Registration Receipt -a receipt issued to the registrant by its registration state after the requirements of 49 Code of Federal Regulations, Part 1023 have been met. Registration Year -a period of time from January 1-December 31. Revocation-withdrawal of registration and privileges by the commission or a registration state. Single state registration system-the program established by 49 United States Code, sec.11506. State-a state of the United States or the District of Columbia. State(s)of travel -the state or states in which a motor carrier or carrier operates motor vehicles subject to the single state registration system. Suspension-temporary removal of privileges granted to the registrant by the commission or a registration state. Unlawful use-shall include, but not be limited to, the failure by a motor carrier subject to the single state registration system to meet the requirements of this subchapter, including, but not limited to, paying sufficient fees for the number of motor vehicles operating under a registration receipt, allowing another motor carrier to use or purchase a registration receipt issued to the registrant, altering of the registration receipt, or failing to maintain a current listing of its agent for service of process. sec.5.373. The Registration Process. (a) Initial registration. To register under the single-state registration system for a first time, a motor carrier shall file with the commission a complete application on the commission's Forms RRC-1 and RRC-1A prescribed for registering all ICC motor carriers. The application must include a copy of the applicant's full interstate authority, unless the commission waives such requirement; a copy of ICC form BOC-3 concerning applicant's designation of agent(s) for service of process or a completed ICC form BOC-3; and the original signature of an authorized representative or its agent. In addition, the applicant must file proof of insurance showing its business address. The proof of insurance must be filed with the application form or that form will remain incomplete until proof of insurance is filed with the commission. The applicant shall indicate its legal status as a sole proprietor, partnership, corporation, or other valid legal entity, and the type of authority issued by the ICC. The application must contain the names of all owners, partners, officers, or persons with operation control; any d/b/a (doing business as) name it uses; and its business address. The applicant shall include in the application form whether it will be transporting hazardous commodities in interstate or foreign commerce. All information that the applicant submits to the commission must agree with information in the most recent ICC certificate or permit issued to the applicant. (b) Renewal of registration. To renew its registration, a registrant shall follow the procedure outlined in subsection (a) of this section during the registration period before December 1st of the existing registration period. To renew its registration, the registrant will not be required to refile a full copy of its ICC authority. (c) Payment of Fees. An applicant or registrant must submit with its original, renewal, or supplemental application the commission's Forms RRC-1 and RRC-1A with applicable information completed for all vehicles, whether owned or leased, that the applicant or registrant operates under ICC authority. The applicant or registrant shall remit to the commission the appropriate total fees due as indicated in the commission's Form RRC-1A, by cashiers check or money order in U. S. dollars, payable to the Texas State Treasurer, on all of its vehicles for which an annual fee has not been paid to the commission pursuant to sec.5.152(f) of this title. If an applicant or registrant has evidence of fees, collected or charged as of November 15, 1991, which are different from the fees specified in the commission's Form RRC-1A, the applicant or registrant should submit such evidence to the commission with the application. After considering any such evidence, the commission will notify the applicant or registrant if the proper fee has not been paid. (d) Fees from others states. Each participating state, in computing the appropriate portion of the revenue due the commission for its registrants, may utilize the commission's Form RRC-2 to determine the registrant's per-vehicle fee. (e) Temporary and emergency authorities. A motor carrier that receives emergency temporary authority (ETA) or temporary authority (TA) from the ICC for 120 days or less must comply with all the commission's registration requirements, except filing a copy of the authority granted by the ICC. However, within 120 days after receiving an ETA or TA, the motor carrier shall comply with all registration procedures, or its registration may be revoked or suspended. (f) Waiver of filing complete ICC authority. If the commission waives, in writing, the filing of the complete ICC authority that is longer than 20 pages, the applicant shall: (1) provide the commission a copy of the portion of the ICC order that shows the service date and order section and (2) file a prepared synopsis of the ICC authority. (g) Documents improperly filed. If an applicant files or causes to be filed any document that contains any misrepresentation, misstatement, or omission of required information, or which does not include the payment of fees, the document shall be deemed to be incomplete and will not be processed by the commission until all items have been corrected. sec.5.374. Amendments and Changes After the Initial Registration. (a) A registrant must first notify the ICC if the registrant has changed its name or transferred its operating rights. (b) A registrant in good standing: (1) may add equipment and/or states of travel by payment of fees and the filing of a supplemental application with the commission; and (2) shall register with the commission all amendments and revisions made by the ICC to the registrant's authority and operations. (c) If, during the registration year, the registrant: (1) is granted new ICC operating authority, changes its name and/or address, or receives any ICC order or reentitlement, it must file with the commission a copy of such document as soon as it is issued; (2) adds states of travel or additional motor vehicles, it shall indicate in the application form that it is filing for "Supplemental Registration." If, during an annual registration process, a registrant adds state(s) of travel for the first time, the registration form should indicate: "Additional states not registered," and the additional states should be listed on the form; or (3) has not filed additional information, it will attach to its annual registration application copies of additional authority grants, reentitlements, transfer orders, letters of change of name or address mailed to the ICC by the motor carrier or grants of self-insurance orders issued by the ICC not previously filed with the commission. (d) To correct any application form, the motor carrier shall notify the commission in writing to amend its application form, or the motor carrier shall correct the application returned by the commission. (e) Upon the written request of the registrant, the commission may cancel the motor carrier's registration and notify the registrant of such action by mail. The mail will show the effective date of cancellation. sec.5.375. Change of Registrant's Principal Place of Business. (a) A motor carrier's principal place of business for registration will be the business address the motor carrier indicated on the order issued by the ICC or, pursuant to a change of address, the business address reported by the registrant to the ICC. The business address of the registrant must be a physical address; a post office box is not acceptable. A mailing address may be given for mailing purposes only. An applicant domiciled in a rural area that does not have a street address may submit a rural route with a box number. The applicant may change its registration state if it changes its principal place of business or its registration state ceases or commences participation in the program. (b) If the applicant's principal place of business is located in a jurisdiction that is not a participating state, the applicant shall apply for registration in the State in which the applicant will operate the largest number of motor vehicles during the next registration year. If the motor carrier will operate the same largest number of vehicles in more than one state, the applicant or registrant shall choose which participating state will be its registration state. A registration state for a registrant may be changed only when the registrant changes its principal place of business or when its existing registration state ceases to participate in the single state registration system. (c) When a registrant changes its principal place of business to another participating state, the registrant shall: (1) notify its current and the new registration state within 30 days after making its selection, (2) notify its insurer immediately, and (3) refile in the new registration state all the documents required of a new registrant. (d) If the registrant changes its principal place of business to a non- participating state, it shall retain the current registration state designation for registration purposes and file notice of business address change along with a new proof of insurance filing in its registration state. sec.5.376. Designation of Process Agent.
    Using ICC form BOC-3, prescribed by 49 Code of Federal Regulations, Part 1044, the applicant shall designate a process agent for each state of travel. The motor carrier shall supplement the designation of process agent as necessary to ensure that current information is on file with the commission. If a registrant fails to maintain current the name of its process agent, the motor carrier's registration shall be subject to suspension. sec.5.377. Proof of Insurance. (a) In all applications, the motor carrier shall indicate whether proof of insurance will be filed or has been filed with the commission and whether the motor carrier's public liability protection remains effective. The registrant shall immediately notify the commission of all changes in the status of the registrant's public liability protection. The commission will accept a facsimile of the applicant's or registrant's proof of insurance. (b) The applicant shall cause to be filed and maintained with the commission proof of insurance in accordance with the levels and forms specified by 49 Code of Federal Regulations, Part 1043. The registrant's full name, including all owner names and any fictitious name or d/b/a, and business address on the proof of insurance, must be identical to such information in its application and its most recent ICC order. Proof of insurance shall be filed in the full and correct name of the individual, partnership, corporation, or person to whom the certificate or permit is issued. A "certificate of insurance" issued by an insurance agent will not be accepted as proof of insurance. (c) A true copy of the applicant or registrant's public liability policy with the endorsements attached shall be maintained at the motor carrier's principal place of business. (d) If the applicant has been approved for self-insurance by the ICC, the applicant shall indicate the status of such self-insurance on the application Form RRC-1 and shall file with the commission a copy of the ICC order approving a public liability self-insurance or other public liability security or agreement under the provisions of 49 Code of Federal Regulations Part l043. The registrant shall immediately notify the commission if the self-insurance plan is suspended, revoked, or modified by an ICC order. Failure to comply may result in the suspension of the registration. (e) The effective date of the cancellation notice for proof of insurance shall be computed as 30 days from the date notice is received by the commission. A cancellation notice received prior to a new filing shall terminate the liability within 30 days of notice to the commission. (f) If an insurance company notifies the commission that information relating to an applicant or registrant's proof of insurance is incorrect or has been falsified, the commission may verify the insurance information of the insured. If the commission finds that incorrect or falsified filings have been made, the commission will notify the registrant(s) immediately and request new proof of insurance. If new and valid proof of insurance is not received, the commission will initiate a proceeding for suspension for non-compliance of filing proof of insurance. sec.5.378. Registration Receipts. (a) The registrant must retain its original registration receipt at its principal place of business for a period of three years. The registrant shall make the necessary copies of the registration receipt for each vehicle for which it paid fees. The registrant may not operate more motor vehicles in any participating state than the number for which fees have been paid. (b) A copy of the registration receipt shall be carried in each motor vehicle of the registrant, and this shall qualify the registrant to operate under its ICC certificate or permit in all jurisdictions indicated on the registration receipt. Upon demand, the driver of a motor vehicle must present a copy of a registration receipt for inspection by any auditor of the Transportation/Gas Utilities Division of the commission and any law enforcement officer of Texas. (c) A registration receipt: (1) shall not be altered; (2) shall become effective the date specified on the receipt and shall expire on the 31st day of December of the registration year for which it was issued; and (3) may be transferred from vehicles taken out of service to the registrant's replacement vehicles. (d) Altering the registration receipt shall subject the motor carrier's registration to revocation. Any law enforcement officer is authorized to confiscate the altered copy on sight. The confiscated registration receipt will be returned to the commission after any court action is completed by the state in which it was confiscated. Any copy of an expired registration receipt shall be replaced with a new copy of a current registration receipt, and the registrant shall destroy the old copies which have expired. (e) The commission shall not replace lost or stolen receipts, except when the carrier fails to receive the registration receipt(s) mailed by the commission. A registrant may apply, without charge, for replacement receipts which it fails to receive. The request must be accompanied by an affidavit detailing the facts that support the non-receipt of the registration receipt. (f) The commission shall mail the original receipt to the registrant. If a registrant needs to add states of travel to its operating fleet, it may request the commission to transmit a copy of a registration receipt before the receipt is mailed. sec.5.379. Change of Name, Address, and Ownership of Registrant. (a) If the registrant changes its name, other than by transferring ownership, after the registration receipt has been issued, the registrant shall submit to the commission a copy of the reentitlement issued by the ICC. The registrant shall furnish proof of insurance to the commission in the new name. (b) If the registrant changes its business address, it must file a copy of the notice (letter from the motor carrier to the ICC) submitted to the ICC for a similar change of address. If the business address change involves a street, route, box number or city, the registrant shall notify the commission in writing of that change. When the business address of the registrant has been changed, new proof of insurance must be filed with the commission. (c) When ICC authority is transferred to a new owner, the current registrant must notify the commission to cancel its registration, and the new owner shall register with the commission. sec.5.380. Failure to Comply. (a) Failure of the registrant to comply with provisions in this subchapter may result in suspension or revocation of its registration. (b) Upon receiving notice of cancellation of a registrant's proof of insurance, the commission shall notify the registrant in writing that its registration to operate in all states of travel is suspended on the effective date of the cancellation of the insurance as specified in 49 Code of Federal Regulations, sec.1043.9(d). If insurance lapses because a proof of insurance has not been filed with the correct name and business address, the motor carrier's registration will be suspended until proper proof of insurance is filed with the commission. (c) The commission shall revoke registration to operate in any state: (1) if the registrant fails to comply with the insurance filing requirements 135 days from the effective date of a cancellation of insurance; (2) if an ETA or TA has expired without permanent authority being granted by the ICC or the motor carrier has failed to file a copy of the permanent grant of authority before the expiration date; or (3) if the motor carrier allows the unlawful use of a registration receipt. (d) When sufficient proof of insurance or other items of compliance are filed and in effect after a suspension of the registration, the commission shall immediately reinstate the motor carrier's registration and notify the registrant that its registration, pursuant to these standards, is restored. The reinstatement notice shall be mailed to the registrant and show the effective date of such reinstatement. The reinstatement notice may be a letter, reinstatement order, or any other method of proper notice as determined by the commission. (e) If the registrant believes that the commission has revoked its registration without good cause, it may petition the commission for reinstatement. Such petition for reinstatement shall be acted upon in accordance with the procedures specified in Chapter 1 and Subchapter U of Chapter 5 of this title. (f) After a registration has been revoked or cancelled, a motor carrier wishing to operate pursuant to this subchapter must re-apply for registration with the commission. If the commission has copies of the motor carrier's ICC authority and the motor carrier indicates in writing that it has not received additional ICC authority, the commission shall waive the filing of copies of a motor carrier's authority. The motor carrier shall submit new proof of insurance. If the motor carrier has paid its annual per vehicle fee for the current calendar year, the commission shall not require payment of new fees. (g) Nothing in these procedures shall prevent the commission from seeking the imposition of criminal or civil penalties against any person or entity violating any provision in this subchapter. sec.5.381. Auditing. (a) The motor carrier shall maintain records and documents supporting fee payments and the original registration receipt(s) issued by the commission for a period of three years. (b) The commission may audit any motor carrier at the carrier's principal place of business to ensure compliance with this subchapter. The commission may require the carrier to submit documentation for audit in Texas. Issued in Austin, Texas, on November 8, 1993. TRD-9331723 Mary Ross McDonald Assistant Director, Legal Division-Gas Utilities/LP Gas Railroad Commission of Texas Effective date: November 8, 1993 Expiration date: March 9, 1994 For further information, please call: (512) 463-7095 TITLE 22. EXAMINING BOARDS Part XXXII. 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 adopts on an emergency basis the repeal of existing sec.sec.741.2, 741.61, 741.81, 741.103, 741.143, and 741.181, and new sec.sec.741.2, 741.61, 741.62, 741.65, 741.66, 741.81, 741.82, 741.85-741.87, 741.103, 741.143, and 741.181, and amendments to existing sec.741.41 and sec.741.162. The sections define terms commonly used in the professions; establishes a code of ethics; sets out the requirements for speech-language pathology and audiology intern and provisional licenses, intern registration, and registration to fit and dispense hearing aids; establishes the required application material, the issuance of a license or registration, and renewal procedures for registration to fit and dispense hearing aids; and sets out applicable fees. The repeals, new sections, and amendments are adopted on an emergency basis to comply with revisions to the Speech-Language Pathology and Audiology Act passed during the 73rd Legislative Session, effective September 1, 1993. The repeals, new sections, and amendments were proposed for permanent adoption in a previous issue of the Texas Register. The text of the repealed sections will not be printed in the Texas Register but may be examined in the board office. Subchapter A. Introduction 22 TAC sec.741.2 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.2. Definitions. Issued in Austin, Texas, on November 10, 1993. TRD-9331825 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 The new section is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.2. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Act-The law relating to the licensing and regulation of speech-language pathologists and audiologists, Texas Civil Statutes, Article 4512j. Assistant in audiology-An individual who works under the direct on-site supervision and direction of a licensed audiologist and is licensed under sec.741.84 of this title (relating to Requirements for a Licensed Associate in Audiology). Assistant in speech-language pathology-An individual who works under the direct, on-site supervision and direction of a licensed speech-language pathologist and is licensed under sec.741.64 of this title (relating to Requirements for a Licensed Associate in Speech-Language Pathology). Audiologist-An individual who meets the requirements of Subchapter E of this chapter (relating to Academic Requirements for Examination and Licensure for Audiologists) and holds a valid license to practice audiology. Board-The State Board of Examiners for Speech-Language Pathology and Audiology. Communication screening -Language and speech screening and, other than individuals licensed or exempted under this Act, may be conducted by individuals certified by the Texas Department of Health communication screening program. Department-The Texas Department of Health. Ear specialist -A licensed physician who specializes in diseases of the ear and is medically trained to identify the symptoms of deafness in the context of the total health of the patient, and is qualified by special training to diagnose and treat hearing loss. Such physicians are also known as otolaryngologists, otologists, and otorhinolaryngologists. Extended absence -More than two consecutive working days for any single continuing education experience. Health care professional-An individual required to be licensed or registered by this Act or any person licensed, certified, or registered by the state in a health-related profession. Hearing aid/hearing instrument-A device designed for, offered for the purpose of, or represented as aiding persons with or compensating for, impaired hearing. Hearing screening -The screening of human hearing shall be defined as the pass/fail result of a pure-tone hearing sweep check administered with a pure- tone audiometer at intensity levels and frequencies appropriate for screening. Intern in audiology -An individual completing the supervised professional experience as required by sec.741.81(10) of this title (relating to Requirements for a Audiology License) and licensed under sec.741. 82 of this title (relating to Requirements for an Intern in Audiology License). Intern in speech-language pathology-An individual completing the supervised professional experience as required by sec.741.61(10) of this title (relating to Requirements for a Speech-Language Pathology License) and licensed under sec.741.62 of this title (relating to Requirements for an Intern in Speech- Language Pathology License). License-The document required by the Act which provides verification that an individual has met the requirements for qualification and practice as set forth in the Act and as interpreted within this chapter. Month-A calendar month. Person-An individual, a corporation, partnership, or other legal entity. Practice of audiology-The application of nonmedical principles, methods and procedures for the measurement, testing, appraisal, prediction, consultation, counseling, habilitation, rehabilitation, or instruction related to disorders of the auditory or vestibular systems for the purpose of rendering or offering to render services or for participating in the planning, directing, or conducting of programs which are designed to modify communicative disorders involving speech, language, auditory, or vestibular function, or other aberrant behavior relating to hearing loss. An audiologist may engage in any tasks, procedures, acts, or practices that are necessary for the evaluation of hearing, for training in the use of amplification including hearing aid/hearing instrument, for the making of earmolds for hearing aid/hearing instrument, for the fitting, dispensing, and sale of hearing aid/hearing instrument or for the management of cerumen. An audiologist may participate in consultation regarding noise control and hearing conservation, may provide evaluations of environment or equipment including calibration of equipment used in testing auditory functioning and hearing conservation, and may perform the basic speech and language screening tests and procedures consistent with his or her training. Practice of speech-language pathology-The application of nonmedical principles, methods, and procedures for the measurement, testing, evaluation, prediction, counseling, habilitation, rehabilitation, or instruction related to the development and disorders of communication, including speech, voice, language, oral pharyngeal function, or cognitive processes, for the purpose of rendering or offering to render services or for participating in the planning, directing, or conducting of programs which are designed to modify communicative disorders and conditions in individuals or groups of individuals. Speech- language pathologists may perform basic audiometric screening tests and aural rehabilitation or rehabilitation. Provisional license -A nonrenewable license issued to an applicant who meets the requirements of sec.741.65 of this title (relating to Requirements for a Provisional Speech-Language Pathology License) or sec.741.85 of this title (relating to Requirements for a Provisional Audiology License). Registrant-An individual to whom a temporary certificate of registration or a registration to fit and dispense hearing aids/hearing instruments was issued. Registration to fit and dispense hearing aids/hearing instruments-A registration issued to an audiologist or intern in audiology licensed under this Act who completed a form received from the board office that declared his or her intent to fit and dispense hearing aids/hearing instruments as required by sec.741.86 of this title (relating to Requirements for Registration of an Audiologist and Intern in Audiology who Fit and Dispense Hearing Aids/Hearing Instruments). Sale or purchase -A lease or rental of a hearing aid/hearing instrument to a member of the consuming public who is a user or prospective user of a hearing aid/hearing instrument. Speech-language pathologist -An individual who meets the requirements of Subchapter D of this chapter (relating to Academic Requirements for Examination and Licensure for Speech-Language Pathologists) and holds a valid license to practice speech-language pathology. Student in audiology -An individual pursuing a course of study leading to a degree with an emphasis in audiology and who works within the educational institution or one of its cooperating programs under the direct, on-site supervision and direction of an audiologist licensed under the Act. Student in speech-language pathology-An individual pursuing a course of study leading to a degree with an emphasis in speech-language pathology and who works within the educational institution or one of its cooperating programs under the direct, on-site supervision and direction of a speech-language pathologist licensed under the Act. Temporary certificate of registration-A nonrenewable document issued to an individual who meets all requirements for licensure as required by Section 741.61 of this title (relating to Requirements for a Speech-Language Pathology License) or sec.741.81 of this title (relating to Requirements for an Audiology License) and is in the processing of taking the examination as required by sec.741.122 of this title (relating to Frequency). Used hearing aid/hearing instrument-A hearing aid/hearing instrument that has been worn for any period of time by a user. However, a hearing aid/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 aid/hearing instrument evaluation conducted to determine whether to select that particular hearing aid for that prospective user, if such evaluation has been conducted in the presence of the dispenser or a hearing aid/hearing instruments health professional selected by the dispenser to assist the buyer in making such a determination. Year-A calendar year. Issued in Austin, Texas, on November 10, 1993. TRD-9331826 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 Subchapter C. The Practice of Speech-Language Pathology and Audiology 22 TAC sec.741.41 The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.41. Code of Ethics. (a) The purpose of
      [This section in] this subchapter is to establish
        [establishes] the standards of professional and ethical conduct required of a speech-language pathologist, an audiologist, an intern and an assistant licensed or registered under this Act,
          [a licensed associate in speech-language pathology, and a licensed associate in audiology] and constitutes a code of ethics as authorized by the Act, sec.17(a)(3). It is the responsibility of all [licensed] speech-language pathologists, [licensed] audiologists, interns, and assistants licensed or registered with this Act
            [licensed associates in speech-language pathology, and licensed associates in audiology] to uphold the highest standards of integrity and ethical principles. (1)-(8) (No change.) (b) An audiologist or intern in audiology registered to fit and dispense hearing aid/hearing instrument under this Act must: (1) adhere to federal Food and Drug Administration regulations in accordance with 21 CFR, sec.801.420 and sec.801.421; (2) provide clients with a written contract for services in this state that contains the name, mailing address, and telephone number of the board; (3) follow the guidelines as set out in s741.86 of this title (relating to Requirements for Registration of an Audiologist and Intern in Audiology who Fit and Dispense Hearing Aids/Hearing Instruments); (4) meet the most recent American National Standards Institute "ears covered" octave-band criteria for permissible ambient noise levels during audiometric testing; and (5) receive a written statement before selling a hearing aid/hearing instrument that is signed by a licensed physician who specializes in diseases of the ear and states that the client's hearing loss has been medically evaluated during the preceding six-month period and that the client may be a candidate for a hearing aid/hearing instrument. If the client is age 18 or over, the registered audiologist or intern in audiology may inform the client that the medical evaluation requirement may be waived as long as the registered audiologist or intern in audiology: (A) informs the client that the exercise of the waiver is not in the client's best health interest; (B) does not encourage the client to waive the medical evaluation; and (C) gives the client an opportunity to sign this statement: "I have been advised by (the name of the individual dispensing the hearing aid/hearing instrument) that the Food and Drug Administration has determined that my best health interest would be served if I had a medical evaluation by a licensed physician (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid/hearing instrument. I do not wish a medical evaluation before purchasing a hearing aid/hearing instrument". Issued in Austin, Texas, on November 10, 1993. TRD-9331827 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 Subchapter D. Academic Requirements for Examination and Licensure for Speech- Language Pathologists 22 TAC sec.741.61 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.61. Purpose. Issued in Austin, Texas, on November 10, 1993. TRD-9331828 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 22 TAC sec.sec.741.61, 741.62, 741.65, 741.66 The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.61. Requirements for a Speech-Language Pathology License. The purpose of this section is to delineate the academic, practicum, supervised professional experience, and examination required for licensure of a speech-language pathologist. (1) An applicant must possess a minimum of a master's degree with a major in not less than one of the areas of communicative sciences or disorders from a program accredited by the American-Speech-Language-Hearing Association in an accredited or approved college or university. (2) An applicant must have earned at least 75 semester credit hours that reflect a well-integrated program of study. (3) At least 27 of the 75 semester credit hours must be in basic science coursework which includes at least: (A) six semester credit hours in the biological/physical sciences and mathematics; (B) six semester credit hours in the behavioral and/or social sciences; and (C) 15 semester credit hours in the basic human communication processes, to include coursework in each of the following three areas of speech, language, and hearing: (i) the anatomic and physiologic bases; (ii) the physical and psychophysical bases; and (iii) the linguistic and psycholinguistic aspects. (4) At least 36 of the 75 semester credit hours must be in professional course work acceptable toward a graduate degree with at least 30 semester credit hours awarded graduate credit. (5) At least 24 semester credit hours acceptable toward a graduate degree must be earned in the area of speech-language pathology as follows: (A) six graduate semester credit hours in speech disorders; (B) six graduate semester credit hours in language disorders; and (C) other graduate semester credit hours in courses that include information on the understanding, evaluation, treatment and prevention of communication disorders across all age spans in a variety of disorders. (6) Six semester credit hours must be earned in the area of audiology as follows: (A) three semester credit hours in hearing disorders and hearing evaluation; and (B) three semester credit hours in habilitative or rehabilitative procedures with individuals who have hearing impairment. (7) A maximum of six academic semester credit hours associated with clinical practicum and a maximum of six academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 hours but not in lieu of the requirements of paragraphs (5) and (6) of this subsection. (8) An applicant must have completed a minimum of 375 clock hours of clinical experience with individuals who present a variety of communication disorders under supervision of an individual who holds a valid Texas license in speech- language pathology and who possesses a minimum of a master's degree with a major in not less than one of the areas of communicative sciences or disorders, completed the equivalent of 36 weeks of full-time supervised professional experience, and passed the national examination as required by sec.741.122 of this title (relating to Frequency). This experience must have been obtained within a educational institution, or in one of its cooperating programs. Clinical experience may be referred to as clinical practicum. (A) At least 25 clock hours of clinical observation must be completed prior to beginning the clinical practicum that concerns the evaluation and treatment of children and adults with disorders of speech, language, or hearing. (B) At least 350 clock hours of supervised clinical practicum that concern the evaluation and treatment of children and adults with disorders of speech, language, and hearing must be completed as follows: (i) no more than 25 of the clock hours may be obtained from participation in staffing in which evaluation, treatment, and/or recommendations are discussed or formulated, with or without the client present; (ii) at least 250 clock hours must be completed in speech-language pathology with at least 50 clock hours in each of three types of settings and completed in each of the following: (I) evaluation of speech disorders in children; (II) evaluation of speech disorders in adults; (III) evaluation of language disorders in children; (IV) evaluation of language disorders in adults; (V) treatment of speech disorders in children; (VI) treatment of speech disorders in adults; (VII) treatment of language disorders in children; and (VIII) treatment of language disorders in adults. (C) At least 35 of the 350 clock hours must be in audiology as follows: (i) at least 15 involved in the evaluation or screening of individuals with hearing disorders; and (ii) at least 15 involved in habilitation/rehabilitation of individuals who have hearing impairment. (D) While pursuing this course of study, the applicant shall be designated as a trainee in speech-language pathology. (E) Supervised clinical practicum earned at foreign universities shall be acceptable if the applicant follows procedures outlined in paragraph (9)(G) of this subsection. (9) Original transcripts shall be required to process an application for licensure. Certified copies of transcripts shall be considered originals. Transcripts shall be reviewed as follows. (A) Graduate degrees must have been completed at a college or university which has a program accredited by the American Speech-Language-Hearing Association and holds accreditation or candidacy status from a recognized regional accrediting agency, such as the Southern Association of Colleges and Universities. (B) The transcript must verify which courses received graduate credit. (C) Semester credit hours that are acceptable may include upper division hours. (D) The board shall only accept course work completed with a grade of at least a "C" or for credit. (E) The board shall consider a quarter-hour of academic credit as two-thirds of a semester credit hour. (F) Academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other official means. (G) Degrees and/or course work received at foreign universities shall be acceptable only if such course work and clinical practicum hours can be verified as meeting the requirements of this paragraph. The applicant must bear all expenses incurred during the procedure. (10) An applicant must have obtained the equivalent of 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which bona fide clinical work has been accomplished in speech-language pathology as required by sec.741.62 of this title (relating to Requirements for an Intern in Speech-Language Pathology License). (A) While pursuing this professional employment experience, the applicant shall be designated as an intern in speech-language pathology. (B) Prior to the beginning of an intern's required, supervised professional experience, the intern must be licensed as required by sec.741.62 of this title. (C) An applicant who completed an internship in another state must meet the requirements of sec.741. 62 of this title except the supervisor must have been licensed in that other state, rather than Texas. However, if the other state did not require licensing, the supervisor must have held the American Speech- Language-Hearing Association certificate of clinical competence in speech- language pathology. (11) An applicant must pass the examination as referenced by sec.741. 122 of this title (relating to Frequency) before a license will be issued. sec.741.62. Requirements for an Intern in Speech-Language Pathology License. (a) Effective January 1, 1994, an applicant who has completed the requirements of sec.741.61 (1)-(9) of this title (relating to Requirements for a Speech- Language Pathology License) must be licensed as an intern in order to commence the supervised professional experience. (b) Effective January 1, 1994, an applicant who has successfully completed all academic and clinical requirements of sec.741.61(1)-(9) of this title but who has not had the degree officially conferred may be licensed as an intern in order to commence the supervised professional experience but must submit an original or certified copy of a letter from the program director verifying that the applicant has met all academic coursework, clinical practicum 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. (c) The intern must complete 36 weeks of full-time supervised professional experience, or its part-time equivalent, in which bona fide clinical work has been accomplished in speech-language pathology. Full-time employment is defined as a minimum of 30 hours per week in direct patient/client contact, consultations, recordkeeping and administrative duties relevant to a bona fide program of clinical work. Part-time equivalent is defined as follows: (1) 0-15 hours per week-no credit will be given; (2) 15-19 hours per week for over 72 weeks; (3) 20-24 hours per week for over 60 weeks; or (4) 25-29 hours per week for over 48 weeks. (d) If the supervisor of the intern and a committee of the board determines that the intern needs additional supervision in a specific area, the internship may be extended. (e) This internship must begin within four years after the academic and clinical experience requirements as required by sec.741.61 of this title have been met and must be completed within a maximum period of 36 consecutive months once initiated. Applicants who do not meet these times frames must request, in writing, and may receive board approval for an extension. A committee of the board will decide on a case-by-case basis and may require that the applicant complete additional coursework, earn continuing professional education hours or pass the examination referenced in sec.741.122 of this title (relating to Frequency). (f) This work must be done under the supervision of an individual who holds a valid Texas license in speech-language pathology and who possesses a minimum of a master's degree with a major in not less than one of the areas of communicative sciences or disorders, completed the equivalent of 36 weeks of full-time supervised professional experience and passed the national examination as required by sec.741.122 of this title. (g) Original or certified copy of the transcript(s) are required and will be evaluated under sec.741.61(9) of this title. (h) An applicant whose master's degree is received at a college or university approved by the American Speech-Language-Hearing Association Educational Standards Board will receive automatic approval of the course work and clinical experience if the program director verifies that all requirements as outlined in sec.741.61 (1)-(9) of this title have been met and review of the transcript shows that the applicant has successfully completed at least 24 semester credit hours acceptable toward a graduate degree in the area of speech-language pathology with six hours in audiology. (i) The internship experience should be divided into three segments with no fewer than 36 clock hours of supervisory activities to include: (1) 18 on-site observations of direct client contact at the worksite in which the intern provides screening, evaluation, assessment, habilitation, and rehabilitation; (2) 18 other monitoring activities which may include correspondence, review of video tapes, evaluation of written reports, phone conferences with the intern, evaluations by professional colleagues; and (3) other options to complete this supervisory process must be requested in writing and receive approval from a committee of the board before commencing the activity. (j) The internship should involve primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals who exhibit communication disabilities. (k) The supervisor periodically shall conduct a formal evaluation of the applicant's progress in the development of professional skills. (l) An original or certified copy of the intern plan or an individual work plan signed by the supervisor and applicant must be submitted. The board office must be notified in writing of any change in the supervisory arrangement. If a major change in the plan occur, a revised plan must be submitted immediately. (m) A supervisor of an intern is responsible for the services to the client that may be performed by the intern. The supervising professional must ensure that all services provided are in compliance with this chapter. (n) A person who possesses a master's degree with a major in audiology and is pursing an internship in speech-language pathology may apply for an intern license in speech-language pathology if the board has an original transcript showing completion of a master's degree with a major in audiology on file and a letter from the department head of the college or university stating that the individual has completed enough hours to establish a graduate-level major in speech-language pathology and would meet the academic and clinical requirements for a license as an audiologist. (o) An intern license is issued and expires as described in sec.741.143 of this title (relating to Issuance of License). sec.741.65. Requirements for a Provisional Speech-Language Pathology License. (a) The board may grant a provisional license to a person if the following requirements are met: (1) the person possesses a license in good standing as a speech-language pathologists in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Act; (2) the person submits evidence of having passed the Educational Testing Service examination as reference in sec.741.122 of this title (relating to Frequency) or a state validated examination required for licensure in speech- language pathology; and (3) the person submits a form signed by a person licensed as a speech-language pathologist under this Act who agrees to sponsor the applicant. (b) The board may excuse an applicant for a provisional license from the requirement of subsection (a)(3) of this section if he or she submits documentation to show that meeting this requirements would constitute a hardship. (c) Once issued, a provisional license is valid until the date the board approves or denies the provisional license-holder's application for a license. (d) The board shall issue a speech-language pathology license to the provisional license-holder if he or she submits the following: (1) an original or certified copy of transcript(s) and other documentation showing that the provisional license-holder met all requirements referenced in sec.741.61 of this title (relating to Requirements for a Speech-Language Pathology License); and (2) an original or certified copy of a passing score from the Educational Testing Service as referenced in sec.741.122 of this title. (e) The board must complete the processing of a provisional license-holder's application for a license not later than the 180th day after the date the provisional license is issued. sec.741.66. Requirements for Registration as an Intern in Speech-Language Pathology. (a) An applicant who possesses at least a master's degree with a major in speech-language pathology from an accredited or approved college or university must be registered as an intern before beginning the internship. (b) The internship is the equivalent of nine months of full-time, 40-hour weekly, supervised professional experience in which bona fide clinical work has been accomplished in speech-language pathology. (c) While pursing this professional employment experience, the applicant shall be designated as an intern in speech-language pathology. (d) This internship must begin within two years after the academic and clinical experience requirements have been met and must be completed within a maximum period of 36 consecutive months once initiated. Applicants who do not meet these time-frames must request, in writing, and receive committee approval for an extension. (e) This work must be done under the supervision of an individual who holds a master's degree in speech-language pathology and a valid license to practice speech-language pathology in the State of Texas. (f) Prior to the beginning of an intern's required, supervised professional experience, the intern form must be filed with the executive secretary in the office of the board. (1) This document is to be completed and signed by the licensing supervising professional and must be updated every six months. (2) Licensees who supervise interns are responsible for the services to the client that may be performed by the intern. The supervising professional must ensure that all services provided are in compliance with this chapter. (3) Original or a certified copy of transcript(s) of the intern's college or university course work with verification of degree(s) awarded are required at the time of submission of the intern form. (4) The board shall not consider an individual an intern until the intern form is approved. The office must be notified of any change in the supervisory arrangement and a new form must be filed. (5) Until licensed, the intern must continue to be supervised if the intern is practicing speech-language pathology. (6) Upon acceptance of the intern form, the executive secretary shall provide a letter of registration to be placed in the intern's personnel file. (g) A person who possesses a master's degree with a major in audiology and is pursuing an internship in speech-language pathology may begin this nine month supervised professional experience in accordance with of this section, if the board has an original transcript showing completion of a master's degree with a major in audiology on file and a letter from the department head of the college or university stating that the individual has completed enough hours to establish a graduate-level major in speech-language pathology. (h) A supervisor of an intern must show proof of having earned at least a master's degree with a major in speech-language pathology from an accredited college or university by submitting an original or photocopy of the transcript. (i) This section expires December 31, 1993. Issued in Austin, Texas, on November 10, 1993. TRD-9331829 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 Subchapter E. Academic Requirements for Examination and Licensure for Audiologists 22 TAC sec.741.81 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.81. Purpose. Issued in Austin, Texas, on November 10, 1993. TRD-9331830 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 22 TAC sec.sec.741.81, 741.82, 741.85-741.87 The new sections are adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.81. Requirements for an Audiology License. The purpose of this subchapter is to delineate the academic, practicum, supervised professional experience and examination required for licensure of an audiologist. (1) An applicant must possess a minimum of a master's degree with a major in not less than one of the areas of communicative sciences or disorders from a program accredited by the American-Speech-Language-Hearing Association in an accredited or approved college or university. (2) An applicant must have earned at least 75 semester credit hours that reflect a well integrated program of study. (3) At least 27 of the 75 semester credit hours must be in basic science coursework which includes at least: (A) six semester credit hours in the biological/physical sciences and mathematics; (B) six semester credit hours in the behavioral and/or social sciences; and (C) 15 semester credit hours in the basic human communication processes, to include coursework in each of the following three areas of speech, language, and hearing: (i) the anatomic and physiologic bases; (ii) the physical and psychophysical bases; and (iii) the linguistic and psycholinguistic aspects. (4) At least 36 of the 75 semester credit hours must be in professional course work acceptable toward a graduate degree with at least 30 semester credit hours awarded graduate credit. (5) At least 24 semester credit hours acceptable toward a graduate degree must be earned in the area of audiology as follows: (A) six graduate semester credit hours in hearing disorders and hearing evaluation; (B) six graduate semester credit hours in habilitative/rehabilitative procedures with individuals who have hearing impairment; and (C) other graduate semester credit hours in courses that include information on hearing disorders, hearing evaluations, habilitative/rehabilitive procedures, and preventive methods, including the study of auditory disorders and habilitative/rehabilitative procedures across the life span. (6) Six semester credit hours must be earned in the area of speech-language pathology as follows: (A) three semester credit hours in speech disorders; and (B) three semester credit hours in language disorders; (7) A maximum of six academic semester credit hours associated with clinical practicum and a maximum of six academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 hours but not in lieu of the requirements of paragraphs (5) and (6) of this section. (8) An applicant must have completed a minimum of 375 clock hours of clinical experience with individuals who present a variety of communication disorders under supervision of an individual who holds a valid Texas license in audiology and who possesses a minimum of a master's degree with a major in not less than one of the areas of communicative sciences or disorders, completed the equivalent of 36 weeks of full-time supervised professional experience and passed the national examination as required by sec.741.122 of this title (relating to Frequency). This experience must have been obtained within an educational institution, or in one of its cooperating programs. Clinical experience may be referred to as clinical practicum. (A) At least 25 clock hours of clinical observation must be completed prior to beginning the clinical practicum that concerns the evaluation and treatment of children and adults with disorders of speech, language, or hearing. (B) At least 350 clock hours of supervised clinical practicum that concern the evaluation and treatment of children and adults with disorders of speech, language, and hearing must be completed as follows: (i) no more than 25 of the clock hours may be obtained from participation in staffing in which evaluation, treatment, and/or recommendations are discussed or formulated, with or without the client present; (ii) at least 250 clock hours must be completed in audiology as follows: (I) at least 40 clock hours in evaluation of hearing in children; (II) at least 40 clock hours in evaluation of hearing in adults; (III) at least 80 clock hours in selection and use of amplification and assistive devices for children and adults; (IV) at least 20 clock hours in treatment of hearing disorders in children and adults; and (iii) At least 35 of the 350 clock hours must be in speech-language pathology as follows: (I) at least 15 clock hours involved in the evaluation or screening of individuals with speech and language disorders unrelated to hearing impairment and (II) at least 15 clock hours involved in the treatment of individuals with speech and language disorders unrelated to hearing impairment. (C) While pursuing this course of study, the applicant shall be designated as a trainee in audiology. (D) Supervised clinical practicum earned at foreign universities shall be acceptable if the applicant follows procedures outlined in paragraph (9)(G) of this section. (9) Original transcripts shall be required to process an application for licensure. Certified copies of transcripts shall be considered originals. Transcripts shall be reviewed as follows. (A) Graduate degrees must have been completed at a college or university which has a program accredited by the American Speech-Language-Hearing Association and holds accreditation or candidacy status from a recognized regional accrediting agency, such as the Southern Association of Colleges and Universities. (B) The transcript must verify which courses received graduate credit. (C) Semester credit hours that are acceptable may include upper division hours. (D) The board shall only accept course work completed with a grade of at least a "C" or for credit. (E) The board shall consider a quarter hour of academic credit as two-thirds of a semester credit hour. (F) Academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other official means. (G) Degrees and/or course work received at foreign universities shall be acceptable only if such course work clinical practicum hours can be verified as meeting the requirements of this paragraph. The applicant must bear all expenses incurred during this procedure. (10) An applicant must have obtained the equivalent 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 as required by sec.741.82 of this title (relating to Requirements for an Intern in Audiology License). (A) While pursuing this professional employment experience, the applicant shall be designated as an intern in audiology. (B) Prior to the beginning of an intern's required, supervised professional experience, the intern must be licensed as required by sec.741.82 of this title. (C) An applicant who completed an internship in another state must meet the requirements of sec.741.82 of this title, except the supervisor must have been licensed in that other state, rather than Texas. However, if the other state did not require licensing, the supervisor must have held the American Speech- Language-Hearing Association certificate of clinical competence in audiology. (11) An applicant must pass the examination as referenced by sec.741.122 of this title before a license will be issued. sec.741.82 Requirements for an Intern in Audiology License. (a) Effective January 1, 1994, an applicant who has completed the requirements of sec.741.81 (1)-(9) of this title (relating to Requirements for an Audiology License) must be licensed as an intern in order to commence the supervised professional experience. (b) Effective January 1, 1994, an applicant who has successfully completed all academic and clinical requirements of sec.741.81 (1)-(9) of this title but who has not had the degree officially conferred may be licensed as an intern in order to commence the supervised professional experience but must submit an original or certified copy of a letter from the program director verifying that the applicant has met all academic coursework, clinical practicum 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. (c) The intern must complete 36 weeks of full-time, or its part-time equivalent, of supervised professional experience in which bona fide clinical work has been accomplished in audiology. Full-time employment is defined as a minimum of 30 hours per week in direct patient/client contact, consultations, record keeping and administrative duties relevant to a bona fide program of clinical work. Part time equivalent is defined as follows: (1) 0-15 hours per week-no credit will be given; (2) 15-19 hours per week for over 72 weeks; (3) 20-24 hours per week for over 60 weeks; or (4) 25-29 hours per week for over 48 weeks. (d) If the supervisor of the intern and a committee of the board determine that the intern needs additional supervision in a specific area, the internship may be extended. (e) This internship must begin within four years after the academic and clinical experience requirements as required by sec.741.81 of this title have been met and must be completed within a maximum period of 36 consecutive months once initiated. Applicants who do not meet these times frames must request, in writing, and may receive board approval for an extension. A committee of the board will decide on a case-by-case basis and may require that the applicant complete additional coursework, earn continuing professional education hours or pass the examination referenced in sec.741.122 of this title (relating to Frequency). (f) This work must be done under supervision of an individual who holds a valid Texas license in audiology and who possesses a minimum of a master's degree with a major in not less that one of the areas of communicative sciences or disorders, completed the equivalent of 36 weeks of full-time supervised professional experience and passed the national examination as required by sec.741.122 of this title. This experience must have been obtained within an educational institution, or in one of its cooperating programs. Clinical experience may be referred to as clinical practicum. (g) Original or certified copy of the transcript(s) are required and will be evaluated under sec.741.81(9) of this title. (h) An applicant whose master's degree is received at a college or university approved by the American Speech-Language-Hearing Association Educational Standards Board will receive automatic approval of the course work and clinical experience the program director verifies that all requirements as outlined in sec.741.81(1)-(9) of this title have been met and review of the transcript shows that the applicant has successfully completed at least 24 semester credit hours acceptable toward a graduate degree in the area of speech-language pathology with six hours in audiology. (i) The internship experience should be divided into three segments with no fewer than 36 clock hours of supervisory activities to include: (1) 18 on-site observations of direct client contact at the worksite in which the intern provides screening, evaluation, assessment, habilitation and rehabilitation; (2) 18 other monitoring activities which may include correspondence, review of video tapes, evaluation of written reports, phone conferences with the intern, evaluations by professional colleagues; and (3) other options to complete this supervisory process must be requested in writing and receive approval from a committee of the board before commencing the activity. (j) The internship should involve primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals who exhibit communication disabilities. (k) The supervisor periodically shall conduct a formal evaluation of the applicant's progress in the development of professional skills. (l) An original or certified copy of the intern plan or an individual work plan signed by the supervisor and applicant must be submitted. The board office must be notified in writing of any change in the supervisory arrangement. If a major change in the plan occur, a revised plan must be submitted immediately. (m) A supervisor of an intern is responsible for the services to the client that may be performed by the intern. The supervising professional must ensure that all services provided are in compliance with this chapter. (n) A person who possesses a master's degree with a major in speech-language pathology and is pursing an internship in audiology may apply for an intern license in audiology if the board has an original transcript showing completion of a master's degree with a major in speech-language pathology on file and a letter from the department head of the college or university stating that the individual has completed enough hours to establish a graduate level major in audiology and would meet the academic and clinical requirements for a license as an audiologist. (o) An intern license is issued and expires as described in sec.741.143 of this title (relating to Issuance of License) and may be renewed as described in sec.741. 162 of this title (relating to General). sec.741.85. Requirements for a Provisional Audiology License. (a) The board may grant a provisional license to a person if the following requirements are met: (1) possesses a license in good standing as an audiologist in another state, the District of Columbia, or a territory of the United States that has licensing requirements that are substantially equivalent to the requirements of the Act; (2) submits evidence of having passed the Educational Testing Service examination as reference in sec.741.122 of this title (relating to Frequency) or a state validated examination required for licensure in audiology; and (3) submits a form signed by a person licensed as an audiologist under this Act who agrees to sponsor the applicant. (b) The board may excuse an applicant for a provisional license from the requirement of subsection (a)(3) of this section if he or she submits documentation to show that meeting this requirements would constitute a hardship. (c) Once issued, a provisional license is valid until the date the board approves or denies the provisional license holder's application for a license. (d) The board shall issue an audiology license to the provisional license holder if he or she submits the following: (1) an original or certified copy of transcript(s) and other documentation showing that the provisional license holder met all requirements referenced in sec.741.81 of this title (relating to Requirements for an Audiology License); and (2) an original or certified copy of a passing score from the Educational Testing Service as referenced in sec.741.122 of this title (relating to Frequency). (e) The board must complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued. sec.741.86. Requirements for Registration of an Audiologist and Intern in Audiology who Fit and Dispense Hearing Aids/Hearing Instruments. (a) A licensed audiologist or an intern in audiology must register his or her intent to fit and dispense hearing aid/hearing instrument, on a form obtained from the board. (b) An audiologist or intern in audiology must renew the registration annually. (c) An audiologist or intern in audiology must notify the board if he or she no longer wishes to fit and dispense hearing aids. (d) An audiologist or intern in audiology may not fit and dispense hearing aids if: (1) the license has been placed in the inactive status; or (2) the license was not renewed before the end of the 60-day grace period. (e) After the expired or inactive license has been properly renewed, the audiologist or intern in audiology may renew his or her registration to fit and dispense hearing aids. (f) An audiologist or intern in audiology must adhere to sec.741.41 of this title (relating to Code of Ethics). (g) An audiologist or intern in audiology must comply with the following guidelines concerning a 30-day trail period on every hearing aid/hearing instrument purchase. (1) All purchasers shall be informed of a 30-day trial period by written agreement. All charges and fees associated with such trial period shall be stated in this agreement which shall also include the name, address, and telephone number of the State Board of Examiners for Speech-Language Pathology and Audiology. The purchaser shall receive a copy of this agreement. (2) Any purchaser of a hearing aid(s) shall be entitled to a refund of the purchase price advanced by purchaser for the hearing aids(s), less the agreed- upon amount associated with the trial period, upon return of the instrument(s) to the licensee in good working order within the 30-days trial period ending 30 days from the date of delivery. Should the order be canceled by purchaser prior to the delivery of the hearing aid(s), the licensee may retain the agreed-upon charges and fees as specified in the written contract. The purchaser shall receive the refund due no later than the 30th day after the date on which the purchaser cancels the order or returns the hearing aid(s) to the licensee. (h) If audiometric testing is not conducted in a stationary acoustical enclosure, sound level measurements must be conducted at the time of the testing to ensure that ambient noise levels meet permissible standards for testing threshold to 20 dB based on the most recent American National Standards Institute "ears covered" octave band criteria for permissible ambient noise levels during audiometric testing. A dBa equivalent level may be used to determine compliance. (i) An audiologist or intern in audiology must comply with 21 Code of Federal Regulations, sec.801.420 and sec.801.421, federal Food and Drug Administration guidelines for fitting and dispensing hearing aids/hearing instruments. sec.741.87. Requirements for Registration as an Intern in Audiology. (a) An applicant who possesses at least a master's degree with a major in audiology from an accredited or approved college or university must be registered as an intern before beginning the internship. (b) The internship is the equivalent of nine months of full-time, 40-hour weekly, supervised professional experience in which bona fide clinical work has been accomplished in audiology. (c) While pursing this professional employment experience, the applicant shall be designated as an intern in audiology. (d) This internship must begin within two years after the academic and clinical experience requirements have been met and must be completed within a maximum period of 36 consecutive months once initiated. Applicants who do not meet these time frames must request, in writing, and receive committee approval for an extension. (e) This work must be done under the supervision of an individual who holds a master's degree in audiology and a valid license to practice audiology in the State of Texas. (f) Prior to the beginning of an intern's required, supervised professional experience, the intern form must be filed with the executive secretary in the office of the board. (1) This document is to be completed and signed by the licensing supervising professional and must be updated every six months. (2) Licensees who supervise interns are responsible for the services to the client that may be performed by the intern. The supervising professional must ensure that all services provided are in compliance with this chapter. (3) Original or certified copy of transcript(s) of the intern's college or university course work with verification of degree(s) awarded are required at the time of submission of the intern form. (4) The board shall not consider an individual an intern until the intern form is approved. The office must be notified of any change in the supervisory arrangement and a new form must be filed. (5) Until licensed, the intern must continue to be supervised if the intern is practicing audiology. (6) Upon acceptance of the intern form, the executive secretary shall provide a letter of registration to be placed in the intern's personnel file. (g) A person who possesses a master's degree with a major in speech-language pathology and is pursuing an internship in audiology may begin this nine month supervised professional experience in accordance with this section, if the board has an original transcript showing completion of a master's degree with a major in speech-language pathology on file and a letter from the department head of the college or university stating that the individual has completed enough hours to establish a graduate level major in audiology. (h) A supervisor of an intern must show proof of having earned at least a master's degree with a major in audiology from an accredited college or university by submitting an original or photocopy of the transcript. (i) This section expires December 31, 1993. Issued in Austin, Texas, on November 10, 1993. TRD-9331831 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 Subchapter F. Application Procedure 22 TAC sec.741.103 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.103. Required Application Materials. Issued in Austin, Texas, on November 10, 1993. TRD-9331832 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 The new section is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.103. Required Application Materials. (a) An applicant applying for a speech-language pathology or audiology license under sec.741.61 of this title (relating to Requirements for a Speech-Language Pathology License) or s741.81 of this title (relating to Requirements for an Audiology License) must submit the following: (1) an application form obtained from the board office which shall contain: (A) specific information regarding personal data, employment and nature of professional practice, social security number, other state licenses and certifications held, disciplinary proceeding, felony and misdemeanor convictions, educational background, practicum experience, supervised experience, and references; (B) a statement that the applicant has read the Act and the board rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; (E) the dated and notarized signature of the applicant; and (F) notification that the applicant may be entitled to a full refund if the application is not processed within the periods of time as required by sec.741.182 of this title (relating to Processing Procedures); (2) the nonrefundable application fee; (3) an original or certified copy of transcript(s) of all relevant course work; (4) an original or certified copy from the director or designee of the college or university training program verifying the applicant completed the clinical experience set out in s741.61(8) of this title or sec.741.81(8) of this title. (5) a supervised post-graduate experience form which must contain the following information: (A) the name of the applicant; (B) the supervisor's name, address, degree, and licensure status; (C) the name and address of the agency or organization where the experience was gained; (D) the inclusive dates of the supervised experience and the total number of hours of supervised post-graduate practice; (E) the number of hours of weekly face-to-face supervision provided for the applicant and the types of supervision used (direct, observation room, video tape, audio tape, review of records, etc.); (F) the applicant's employment status during supervised experience; and (G) the supervisor's signature; (6) an original or certified statement from the Educational Testing Service showing a passing score on the examination described in sec.741.122 of this title (relating to Frequency); and (7) three letters of reference supporting the applicant's request for licensure from individuals who are in the profession and can attest to the applicant's skills and professional standards. (b) An applicant applying for an intern in speech-language pathology license under sec.741.62 of this title (relating to Requirements for an Intern in Speech-Language Pathology License) or an intern in audiology license under sec.741.82 of this title (relating to Requirements for an Intern in Audiology License) must submit the following: (1) an application form obtained from the board office which shall contain: (A) specific information regarding personal data, employment and nature of professional practice, social security number, other state licenses and certifications held, disciplinary proceedings, felony and misdemeanor convictions, educational background, practicum experience, supervised experience, and references; (B) a statement that the applicant has read the Act and the board rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted int he licensure process are nonrefundable; and (E) the dated and notarized signature of the applicant; and (F) notification that the applicant may be entitled to a full refund if the application is not processed within the periods of time as required by sec.741.182 of this title; (2) the nonrefundable application fee; (3) an original or certified copy of transcript(s) of all relevant course work; and (4) an original or certified copy from the director or designee of the college or university training program verifying the applicant completed the clinical experience set out in s741.61(8) of this title or sec.741.81(8) of this title. (c) An applicant who holds the American Speech-Language-Hearing Association certificate of clinical competence applying for licensure under sec.741.63 of this title (relating to Special Conditions for Licensure of Speech-Language Pathologists) or sec.741.83 of this title (relating to Special Conditions for Licensure of Audiologists) must submit the following: (1) an application form obtained from the board office which shall contains: (A) specific information regarding personal data, employment and nature of professional practice, social security number, other state licenses and certifications held, disciplinary proceedings, felony and misdemeanor convictions, educational background, practicum experience, supervised experience, and references; (B) a statement that the applicant has read the Act and the board rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; (E) the dated and notarized signature of the applicant; and (F) notification that the applicant may be entitled to a full refund if the application is not processed within the periods of time as required by sec.741.182 of this title; (2) the nonrefundable application fee; however, an applicant who holds the American Speech-Language-Hearing Association certificates of clinical competence in audiology and in speech-language pathology applying for dual licensure as a speech-language pathologist and audiologist must submit two application fees; (3) an original or certified copy of a letter from the American Speech- Language-Hearing Association stating the applicant holds the certificate of clinical competence in the area in which the applicant has applied for license; however, an applicant who holds the American Speech-Language-Hearing Association certificate of clinical competence in audiology and in speech-language pathology applying for dual licensure as a speech-language pathologist and audiologist must submit an original or certified copy of a letter from the American Speech- Language-Hearing Association stating the applicant currently holds the certificate of clinical competence in speech-language pathology and in audiology; and (4) an original or certified copy of transcript(s) of all relevant course work. (d) An applicant applying for a speech-language pathology or audiology provisional license under sec.741.65 of this title (relating to Requirements for a Provisional Speech-Language Pathology License) or sec.741.85 of this title (relating to Requirements for a Provisional Audiology License) must submit the following: (1) an application form obtained from the board office which shall contain: (A) specific information regarding personal data, employment and nature of professional practice, social security number, other state licenses and certifications held, disciplinary proceedings, felony and misdemeanor convictions, educational background, practicum experience, supervised experience, and references; (B) a statement that the applicant has read the Act and the board rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; (E) the dated and notarized signature of the applicant; and (F) notification that the applicant may be entitled to a full refund if the application is not processed within the periods of time as required by sec.741.182 of this title; (2) the nonrefundable application fee; (3) a copy of the licensing law and rules from the state of the applicant's previous residence; (4) a copy of the applicant's license from another state; (5) an original form completed by that state's licensing board with board seal affixed which contains: (A) name and social security number of the applicant; (B) area of licensure; (C) date license issued; (D) date license expired; (E) what licensure qualifications were met by the applicant; (F) whether the applicant passed an examination required for state licensure and the name of the examination; (G) whether the license had ever been revoked, cancelled, or suspended; and (H) whether disciplinary proceedings were initiated; (6) an original or certified statement from the Education Testing Service showing a passing score on the examination described in sec.741.122 of this title if no examination is listed under paragraph (5)(F) of this subsection; (7) a form completed by the individual licensed by this board accepting sponsorship unless the board excused the applicant from this requirement because it would constitute a hardship to the applicant; and (8) once documentation required in this subsection has been received and a provisional license issued, the provisional license holder must submit additional documentation as required by sec.741.65(d) of this title or sec.741. 85(d) of this title in order to receive a full license. (e) An applicant applying for an assistant in speech-language pathology license under sec.741.64 of this title (relating to Requirements for a Licensed Associate in Speech-Language Pathology) or an assistant in audiology license under sec.741. 85 of this title must submit the following: (1) an application form obtained from the board office which shall contain: (A) specific information regarding personal data, employment and nature of professional practice, social security number, other state licenses and certifications held, disciplinary proceedings, felony and misdemeanor convictions, educational background, and references; (B) a statement that the applicant has read the Act and the board rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; (E) the dated and notarized signature of the applicant; and (F) notification that the applicant may be entitled to a full refund if the application is not processed within the periods of time as required by sec.741.182 of this title; (2) the nonrefundable application fee; (3) a supervisory responsibility statement form obtained from the board office which contains: (A) the name, address, employer, area of licensure, and license number of the supervisor; (B) the name, area of licensure, and employer of the associate; (C) a statement that the supervisor is responsible for notifying the board office of any change in the supervisory arrangements; and (D) the dated and notarized signature of the supervisor; (4) an original or certified copy of transcript(s) of relevant course work; and (5) three letters of reference supporting the applicant's request for licensure. (f) An applicant applying for a speech-language pathology or audiology temporary certificate of registration under sec.741.142 of this title (relating to Temporary Certificate of Registration) must submit the following: (1) an application form obtained from the board office which shall contain: (A) specific information regarding personal data, employment and nature of professional practice, social security number, other state licenses and certifications held, disciplinary proceedings, felony and misdemeanor convictions, educational background, practicum experience, supervised experience, and references; (B) a statement that the applicant has read the Act and the board rules and agrees to abide by them; (C) a statement that the applicant, if issued a license, shall return the license to the board upon the revocation or suspension of the license; (D) a statement that the applicant understands that fees submitted in the licensure process are nonrefundable; (E) the dated and notarized signature of the applicant; and (F) notification that the applicant may be entitled to a full refund if the application is not processed within the periods of time as required by sec.741.182 of this title; (2) the nonrefundable application fee; (3) an original or certified copy of transcript(s) of all relevant course work; (4) an original or certified copy from the director or designee of the college or university training program verifying the applicant completed the clinical experience set out in s741.61(8) of this title or sec.741.81(8) of this title. (5) a original or certified copy of a supervised post-graduate experience form which must contain the following information: (A) the name of the applicant; (B) the supervisor's name, address, degree, and licensure status; (C) the name and address of the agency or organization where the experience was gained; (D) the inclusive dates of the supervised experience and the total number of hours of supervised post-graduate practice; (E) the number of hours of weekly face-to-face supervision provided for the applicant and the types of supervision used (direct, observation room, video tape, audio tape, review of records, etc.); (F) the applicant's employment status during supervised experience; and (G) the supervisor's signature; and (6) three letters of reference supporting the applicant's request for licensure. (g) A licensed audiologist or licensed intern in audiology who wishes to fit and dispense hearing aids/hearing instruments under sec.741.86 of this title (relating to Requirements for Registration of an Audiologist and Intern in Audiology who Fit and Dispense Hearing Aid/Hearing Instruments) must submit the following: (1) a registration form obtained from the board office which shall contain: (A) the name, address, social security number, license number, expiration date of license, and signature of the licensee; and (B) a statement that the audiologist or intern in audiology agrees to adhere to requirements of the Act and board rules and to comply with Title 21, Code of Federal Regulations, Chapter 1; and (2) the nonrefundable registration fee. Issued in Austin, Texas, on November 10, 1993. TRD-9331833 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 1, 1994 For further information, please call: (512) 834-6627 Subchapter H. Licensing 22 TAC sec.741.143 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.143. Issuance of License. Issued in Austin, Texas, on November 10, 1993. TRD-9331834 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 The new section is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.143. Issuance of License. (a) The board shall send each applicant for a speech-language pathology or audiology license who met the requirements of s741.61 of this title (relating to Requirements for a Speech-Language Pathology License), sec.741.63 of this title (relating to Special Conditions for Licensure of Speech-Language Pathologists), s741.81 of this title (relating to Requirements for a Audiology License), or sec.741.83 of this title (relating to Special Conditions for Licensure of Audiologists) whose application has been approved, a form to complete and return with the nonrefundable initial license fee. This fee must be submitted to the executive secretary no later than 90 days following the date of the request or the application and approved will be voided. (1) The initial license and the initial license fee shall be prorated according to the licensee's birth-month. Any applicant approved for license within three months of the applicant's birth-month shall pay the prorated amount plus one-year license fee. Any applicant approved for less than 12 months, but for more than three months, shall pay a fee prorated for only those months. The prorated fee and all licensee records are based on the month of approval through the last day of the birth-month. An applicant may not practice in the professional area in which he or she applied for a license until the initial license fee has been received by the board. (2) Upon receiving an applicant's license form and initial license fee, the board shall issue the applicant: (A) a license; (B) a certificate; and (C) an ID card; (3) The license may be renewed as required by sec.741.162 of this title (relating to General). (b) The board shall send each applicant for an intern license who met the requirements of sec.741.62 of this title (relating to Requirements for an Intern in Speech-language Pathology License) or sec.741. 82 of this title (relating to Requirements for an Intern in Audiology License) whose application has been approved, a form to complete and return with the nonrefundable initial license fee. Upon receipt of the license form and fee, the board shall issue a license that will expire one year from the issue date. The license may be renewed as required by s741.162 of this title (relating to General). (c) The board shall send each applicant for a provisional license who met the requirements of sec.741.65 of this title (relating to Requirements for a Provisional Speech-Language Pathology License) or sec.741.85 of this title (relating to Requirements for a Provisional Audiology License) whose application has been approved, a nonrenewable provisional license which is valid until the date the board approves or denies the application for a full license. Within the 180 days from date of issuance of the provisional license, the board shall either send the provisional licensee: (1) a speech-language pathology or audiology license issued under subsection (a) that may be renewed as required by sec.741.162 of this title; or (2) a letter of proposed denial if proof of having met the requirements of sec.741.61 of this title (relating to Requirements for a Speech-Language Pathology License) or sec.741.81 of this title (relating to Requirements for an Audiology License) and sec.741.122 of this title (relating to Frequency) have not been received and accepted by the board. (d) The board shall send each applicant for an assistant license who met the requirements of sec.741.64 of this title (relating to Requirements for a Licensed Associate in Speech-Language Pathology) or sec.741.84 of this title (relating to Requirements for a Licensed Associate in Audiology) whose application has been approved, a form to complete and return with the nonrefundable initial license fee. (1) The initial license and the initial license fee shall be prorated according to the licensee's birth-month. Any applicant approved for license within three months of the applicant's birth-month shall pay the prorated amount plus one-year license fee. Any applicant approved for less than 12 months, but for more than three months, shall pay a fee prorated for only those months. The prorated fee and all licensee records are based on the month of approval through the last day of the birth-month. (2) Upon the applicant meeting the requirements set out in subsection (d) of this section and upon receiving an applicant's license form and fee, the board shall issue the applicant a license. (3) The license may be renewed as required by 741.162 of this title. (e) The board shall send each applicant for a temporary certificate of registration who met the requirements of sec.741.142 of this title (relating to Temporary Certificate of Registration) whose application has been approved, a nonrenewable certificate of registration which is valid for a period ending eight weeks after the next scheduled examination as required by sec.741.122 of this title. (f) The board shall send each audiologist or intern in audiology licensed under this Act who met the requirements of sec.741.86 of this title (relating to Requirements for Registration of an Audiologist and Intern in Audiology who Fit and Dispense Hearing Aids/Hearing Instruments) whose form to register his or her intent to fit and dispense hearing aids has been accepted and the nonrefundable registration fee has been paid, a certificate of registration. This registration is valid from date of issue through the last day of the licensee's birth-month. This registration may be renewed as required by sec.741.162 of this title. (g) Any license, certificate or registration issued by the board remains the property of the board. (h) An application may be denied if the applicant's license to practice speech-language pathology or audiology in another state or jurisdiction has been suspended, revoked, or otherwise restricted by the licensing entity in that state or jurisdiction for reasons relating to the applicant's professional competence or conduct which could adversely affect the health and welfare of a client. (i) The board is not responsible for lost, misdirected, or undelivered correspondence, including forms and fees, if sent to the address last reported to the board. (j) Upon written request from the licensee and payment of the duplicate fee, a duplicate license, certificate, or registration may be obtained from the board. Issued in Austin, Texas, on November 10, 1993. TRD-9331835 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 Subchapter I. License Renewal 22 TAC sec.741.162 The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.162. General. (a)-(l) (No change.) (m) An audiologist or intern in audiology registered to fit and dispense hearing aids/hearing instruments must renew the registration at the time the license is renewed. Issued in Austin, Texas, on November 10, 1993. TRD-9331836 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 Subchapter J. Fees and Late Renewal Penalties 22 TAC sec.741.181 The repeal is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.181. Schedule of Fees and Late Renewal Penalties. Issued in Austin, Texas, on November 10, 1993. TRD-9331837 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627 The new section is adopted on an emergency basis under Texas Civil Statutes, Article 4512j, sec.5, which provide the State Board of Examiners for Speech- Language Pathology and Audiology with the authority to adopt rules consistent with Article 4512j, and as necessary to administer and enforce the Act. sec.741.181. Schedule of Fees. The purpose of this section is to establish a schedule of fees to provide the funds to support the activities of the board. (1) The schedule of fees and is as follows: (A) application fee-$35; (B) provisional license fee-$35; (C) temporary certificate of registration fee-$35; (D) registration fee for audiologist and intern in audiology who fit and dispense hearing aids-$10; (E) initial license fee (prorated)-$35; (F) initial dual license as a speech-language pathologist and audiologist fee (prorated)-$55; (G) license renewal fee-$35; (H) dual license as a speech-language pathologist and audiologist renewal fee- $55; (I) duplicate license, certificate, or registration fee -$10; (J) inactive fee-$35; (K) late-renewal penalty fee-an amount equal to the renewal fee(s), with a maximum of two renewal fees, plus the examination fee; and (L) examination fee-the amount charged by the department's designee administering the examination. (2) Any licensee attaining the age of 65 years shall have their license renewal fee waived, but if renewed after the expiration of the 60-day grace period, the late-renewal penalty fee will be assessed. (3) Fees paid to the board are nonrefundable. (4) Any remittance submitted to the board in payment of a required fee must be in the form of a personal check, certified check, or money order unless this section requires otherwise. Checks from foreign financial institutions are not acceptable. (5) An applicant whose check for the application 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. An application will be considered incomplete until the fee has been received and cleared through the appropriate financial institution. (6) An approved applicant whose check for the initial license 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 application and the approval shall be invalid. (7) 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 will be assessed. Issued in Austin, Texas, on November 10, 1993. TRD-9331838 Gene R. Powers Chairperson State Board of Examiners for Speech-Language Pathology and Audiology Effective date: November 10, 1993 Expiration date: March 11, 1994 For further information, please call: (512) 834-6627