SB613 SB662 SB663

Abstracts of Texas State Senate Bills SB613, SB662, SB663

Abstracts submitted by Douglas L. Beck Au.D. VP Texas Academy of Audiology:

SB613 Signed into Texas Law June, 2011, Effective September 1, 2011

As of Sept 1, 2011, to be eligible for a license as an audiologist, an applicant must:

possess at least a doctoral degree in audiology or a related hearing science from a program accredited by a national accrediting organization that is approved by the board and recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved college or university
submit a transcript from a public or private institution of higher learning showing successful completion of course work in amounts set by the board.
HOWEVER, a person holding a license as an audiologist issued before the effective date of this Act may continue to renew that license without complying with this change in educational requirement.

For full text of bill as passed, please see the Governmental Issues page.

SB662 Signed into Texas Law June, 2011, Effective September 1, 2011

The State Board of Examiners for Speech-Language Pathology and Audiology is within the Texas Department of Health. The State Board of Examiners for Speech-Language Pathology and Audiology is subject to Chapter 325, Government Code (Texas Sunset Act) and is next subject to scheduled review in the year 2017.

ELIGIBILITY OF PUBLIC MEMBERS. A person may not be a public member of the board if the person or the person's spouse is registered, certified, or [be] licensed by an occupational regulatory agency in the field of health care, is employed by or participating in the management of an agency or business entity that provides health care services, sells, manufactures, or distributes health care supplies or equipment; or receives money from the board or the department or owns, controls or has a direct or indirect interest of more than 10 percent in a business entity that does essentially the same.

The governor shall designate a member of the board as the presiding officer to serve at the will of the governor.

GROUNDS FOR REMOVAL from the board include; person does not have the qualifications required, does not maintain qualifications, cannot (because of illness or disability) discharge the member's duties for a substantial part of the member's term; or is absent from more than half of the regularly scheduled board meetings (without an excuse approved by a majority vote of the board).

JOINT RULES FOR HEARING INSTRUMENTS. With the assistance of the department, the board and the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments shall jointly adopt rules to establish requirements for each sale of a hearing instrument. The rules must address: the information and provisions required in each written contract for the purchase of a hearing instrument, records that must be retained and guidelines for the 30-day trial period during which a person may cancel the purchase of a hearing instrument; and require the written contract and 30-day trial period information provided to a purchaser of a hearing instrument be in plain language designed to be easily understood by the average consumer.

CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE: The board shall require applicants and those seeking renewals to submit a complete and legible set of fingerprints, for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. The board may not issue a license to a person who does not comply with the requirements. The board shall conduct a criminal history check of each applicant for a license using information provided by the individual.

RECUSAL OF BOARD MEMBER: A board member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint: may not vote on the matter at a board meeting related to the complaint and shall state at the meeting why the member is prohibited from voting on the matter.

BOARD-ORDERED REFUND. The board may order an audiologist to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 401.2021.

CEASE AND DESIST ORDER. (a) If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of speech-language pathology or audiology, the board, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.

Not later than May 1, 2012, the State Board of Examiners for Speech-Language Pathology and Audiology and the State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments shall adopt rules required by this Act.

(d) Section 401.4531, Occupations Code, as added by this Act, applies only to a complaint filed with the State Board of Examiners for Speech-Language Pathology and Audiology on or after the effective date of this Act. A complaint filed before the effective date of this Act is governed by the law as it existed immediately before that date, and the former law is continued in effect for that purpose.

(e) Sections 401.3041 and 401.3521, Occupations Code, as added by this Act, apply only to an application for a license or renewal of a license filed with the State Board of Examiners for Speech-Language Pathology and Audiology on or after March 1, 2012. An application filed before that date is governed by the law in effect at the time the application was filed, and the former law is continued in effect for that purpose.

For full text of bill as passed, please see the Governmental Issues page.

SB663 Signed into Texas Law June, 2011, Effective September 1, 2011

The State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments is subject to Chapter 325, Government Code (Texas Sunset Act) which currently is due for re-evaluation September 1, 2017.

JOINT RULES FOR HEARING INSTRUMENTS. With the assistance of the department, the committee and the State Board of Examiners for Speech-Language Pathology and Audiology shall jointly adopt rules to establish requirements for each sale of a hearing instrument. The rules must address: the information and other provisions required in each written contract for the purchase of a hearing instrument; records that must be retained under this chapter or Chapter 401; and guidelines for the 30-day trial period during which a person may cancel the purchase of a hearing instrument; and require that the written contract and 30-day trial period information provided to a purchaser of a hearing instrument be in plain language designed to be easily understood by the average consumer.

The committee shall develop and maintain an examination that may include written, oral, or practical tests. The department shall administer or arrange for the administration of the [a written] examination. The practical examination must be administered by one or more qualified proctors selected and assigned by the department. The committee by rule shall establish the qualifications for a proctor. The rules must: require a proctor to be licensed in good standing as a hearing instrument fitter and dispenser; specify the number of years a proctor must be licensed as a hearing instrument fitter and dispenser; and specify the disciplinary actions or other actions that disqualify a person from serving as a proctor.

To engage in fitting and dispensing hearing instruments in this state a person must pass an examination required [given] by the committee. The committee shall give each applicant due notice of the date and place of the examination and the subjects, areas, and skills that will be included in the examination. A change may not be made in those subjects, areas, and skills after the date of the examination has been announced and publicized. If requested in writing by a person who fails the licensing examination administered under this chapter, the department [committee] shall provide to the person an analysis of the person's performance on the examination.

To apply for the exam, written verification that the applicant is licensed in good standing as a fitter and dispenser of hearing instruments in another state and has held the license for at least three years preceding the date of application; and/or written verification that requirements to obtain a license to fit and dispense hearing instruments in the state in which the applicant is licensed include passing an examination approved by the committee by rule; or the applicant holds a certification from a professional organization approved by the committee by rule; affirmation that the applicant is a resident of this state; a written statement from the licensing entity in the state in which the applicant is licensed that details any disciplinary action taken by the entity against the applicant; and a statement of the applicant's criminal history acceptable to the committee. The committee may deny an application under this section based on the applicant's criminal history or history of disciplinary action.

CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE and RENEWAL: The committee shall require that an applicant for a license submit a complete and legible set of fingerprints for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.

The committee by rule shall adopt requirements for the continuing education of a license holder, including online continuing education requirements and a requirement that a license holder complete 20 hours of continuing education every two years. The committee shall adopt rules to establish reasonable requirements for continuing education sponsors and courses and to clearly define what constitutes a manufacturer or non-manufacturer sponsor.

ALTERNATIVES TO CONTINUING EDUCATION REQUIREMENT. A license holder who pays the examination fee and passes the examination is exempt from the continuing education requirement for the reporting period [year] in which the test is taken. A license holder may be credited with continuing education credit hours for a published book or article written by the license holder that contributes to the license holder's professional competence. The continuing education committee may grant credit hours based on the degree to which the published book or article advances knowledge regarding the fitting and dispensing of hearing instruments. A license holder may claim in a [an annual] reporting period not more than five credit hours for preparation of a publication.

A committee member who participated in the investigation of a complaint or in informal settlement negotiations regarding the complaint may not vote on the matter at a committee meeting related to the complaint.

If it appears to the committee that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of fitting and dispensing hearing instruments, the committee, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.

For full text of bill as passed, please see the Governmental Issues page.

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