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Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-401-speech-language-pathologists-and-audiologists

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE G. PROFESSIONS RELATED TO HEARING, SPEECH, AND DYSLEXIA

CHAPTER 401. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 401.001. DEFINITIONS. In this chapter:

(1) "Audiologist" means a person who meets the qualifications of

this chapter to practice audiology.

(2) "Audiology" means the application of nonmedical principles,

methods, and procedures for measurement, testing, appraisal,

prediction, consultation, counseling, habilitation,

rehabilitation, or instruction related to disorders of the

auditory or vestibular systems for the purpose of providing or

offering to provide services modifying communicative disorders

involving speech, language, or auditory or vestibular function or

other aberrant behavior relating to hearing loss.

(3) "Board" means the State Board of Examiners for

Speech-Language Pathology and Audiology.

(4) "Department" means the Texas Department of Health.

(5) "Speech-language pathologist" means a person who meets the

qualifications of this chapter to practice speech-language

pathology.

(6) "Speech-language pathology" means the application of

nonmedical principles, methods, and procedures for 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 evaluating, preventing, or modifying or offering to evaluate,

prevent, or modify those disorders and conditions in an

individual or a group.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of

Examiners for Speech-Language Pathology and Audiology is subject

to Chapter 325, Government Code (Texas Sunset Act). Unless

continued in existence as provided by that chapter, the board is

abolished and this chapter expires September 1, 2011.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.04, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 4.03, eff. June 15, 2007.

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.09, eff. July 10, 2009.

SUBCHAPTER B. APPLICATION OF CHAPTER

Sec. 401.051. PHYSICIANS. (a) This chapter does not prevent or

restrict a physician from engaging in the practice of medicine in

this state.

(b) This chapter does not restrict a licensed physician from

personally conducting a speech or hearing test or evaluation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.052. NURSES. This chapter does not prevent or restrict

a communication, speech, language, or hearing screening, as

defined by board rule, from being conducted by a registered

nurse:

(1) licensed in this state; and

(2) practicing in accordance with the standards of professional

conduct and ethics established by rules adopted by the Texas

Board of Nursing.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 46, eff. September 1, 2007.

Sec. 401.053. PERSONS TRAINED BY DEPARTMENT. (a) This chapter

does not apply to a person who shows evidence of having received

training by the department in a communication, speech, language,

or hearing screening training program approved by the department

if the person's activity is limited to screening as defined by

board rule.

(b) A person who has received training by the department in a

program under Subsection (a) may not:

(1) practice speech-language pathology or audiology; or

(2) represent that the person is a speech-language pathologist

or audiologist.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.054. PERSONS CERTIFIED BY TEXAS EDUCATION AGENCY. (a)

This chapter does not prevent or restrict the activities and

services or the use of an official title by a person who is

certified in speech-language pathology by the Texas Education

Agency if the person only performs speech-language pathology or

audiology services as part of the person's duties within an

agency, institution, or organization under the jurisdiction of

the Texas Education Agency.

(b) The Texas Education Agency certificate in speech-language

pathology must require an applicant to:

(1) hold a master's degree in communicative disorders or the

equivalent from a university program accredited by the American

Speech-Language-Hearing Association; and

(2) pass a national examination in speech-language pathology or

audiology approved by the board.

(c) A person affected by this section who performs work as a

speech-language pathologist or audiologist in addition to

performing the person's duties within an agency, institution, or

organization under the jurisdiction of the Texas Education Agency

is required to hold a license issued by the board unless that

work is limited to speech and hearing screening procedures

performed without compensation.

(d) For the purposes of Subsection (b)(1), an applicant's

educational credentials are equivalent to a master's degree in

communicative disorders if the credentials:

(1) consist of graduate-level course work and practicum from a

program accredited by the American Speech-Language-Hearing

Association; and

(2) meet requirements that are the same as those established by

the board for a license in speech-language pathology or

audiology.

(e) The clinical fellowship year experience or internship may

not be a requirement for the Texas Education Agency certificate

in speech-language pathology.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.055. UNIVERSITY OR COLLEGE TEACHERS. This chapter does

not restrict the use of an official title by a person teaching in

a university or college training program, if the person:

(1) is not engaged in the practice of speech-language pathology

or audiology; and

(2) does not supervise a person engaged in the practice of

speech-language pathology or audiology.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.056. STUDENTS. This chapter does not restrict the

activities and services of a student pursuing a course of study

leading to a degree in speech-language pathology or audiology at

a college or university accredited by the Southern Association of

Colleges and Universities or its equivalent if:

(1) the activities and services are part of the student's

supervised course of study;

(2) the student is supervised by a person licensed under this

chapter; and

(3) the student is designated as a "Speech-Language Pathology

Trainee," an "Audiology Trainee," or by another title that

clearly indicates the student's professional preparation status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter does

not prevent a person in an industrial setting from engaging in

hearing testing as a part of a hearing conservation program in

compliance with federal Occupational Safety and Health

Administration regulations if the person is certified by an

agency acceptable to the Occupational Safety and Health

Administration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.058. APPLICATION TO HEARING INSTRUMENT FITTERS AND

DISPENSERS. (a) This chapter does not prevent or restrict a

person licensed under Chapter 402 from engaging in the practice

of fitting and dispensing hearing instruments.

(b) This chapter does not prohibit a fitter and dispenser of

hearing instruments licensed under Chapter 402 from measuring

human hearing by any means, including an audiometer, to make a

selection, adaptation, or sale of a hearing instrument,

including:

(1) making impressions for earmolds to be used as part of a

hearing instrument; and

(2) providing post-fitting counseling to fit and dispense

hearing instruments.

(c) A person who is not an audiologist who is licensed to fit

and dispense hearing instruments under Chapter 402 may not:

(1) practice speech-language pathology or audiology; or

(2) represent that the person is a speech-language pathologist

or audiologist by the use of any term restricted by this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.059. APPLICATION TO OTHER LICENSED PROFESSIONALS. This

chapter does not prevent a person licensed in this state under

another law from engaging in the profession for which the person

is licensed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.060. MEDICAL PRACTICE. This chapter does not permit a

person to perform an act that violates Subtitle B.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE

PATHOLOGY AND AUDIOLOGY

Sec. 401.101. BOARD WITHIN HEALTH DEPARTMENT. The State Board

of Examiners for Speech-Language Pathology and Audiology is

within the Texas Department of Health.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.102. BOARD MEMBERSHIP. (a) The board consists of nine

members appointed by the governor as follows:

(1) three audiologist members;

(2) three speech-language pathologist members; and

(3) three members who represent the public.

(b) Board members must:

(1) have been a resident of this state for the two years

preceding the date of appointment;

(2) be from the various geographic regions of the state; and

(3) be from varying employment settings.

(c) The board members appointed under Subsections (a)(1) and (2)

must:

(1) have been engaged in teaching, research, or providing

services in speech-language pathology or audiology for at least

five years; and

(2) be licensed under this chapter.

(d) One of the public board members must be a physician licensed

in this state and certified in otolaryngology or pediatrics.

(e) Appointments to the board shall be made without regard to

the race, creed, sex, religion, or national origin of the

appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. The two public

members of the board who are not physicians may not:

(1) be licensed by an occupational regulatory agency in the

field of health care;

(2) be employed by and participating in the management of an

agency or business entity that provides health care services or

that sells, manufactures, or distributes health care supplies or

equipment;

(3) own, control, or have a direct or indirect interest of more

than 10 percent in a business entity that provides health care

services or that sells, manufactures, or distributes health care

supplies or equipment; or

(4) be an officer, employee, or paid consultant of a trade

association in the field of health care.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.104. MEMBERSHIP RESTRICTIONS. (a) A board member may

not be related within the second degree by consanguinity or

affinity, as determined under Subchapter B, Chapter 573,

Government Code, to an officer, employee, or paid consultant of a

trade association in the field of health care.

(b) A person may not serve as a member of the board or act as

the general counsel to the board if the person is required to

register as a lobbyist under Chapter 305, Government Code,

because of the person's activities in a health-related area.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.105. TERMS. (a) Members are appointed for staggered

six-year terms. The terms of three members expire September 1 of

each odd-numbered year.

(b) A person may not be appointed to serve more than two

consecutive terms.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.106. COMPENSATION; PER DIEM. (a) A board member may

not receive compensation for the member's services.

(b) A member is entitled to a per diem and travel allowance for

each day the member engages in board business at the rate set for

state employees in the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.107. BOARD OFFICERS. (a) The board shall organize

itself annually and select a presiding officer, assistant

presiding officer, and secretary-treasurer.

(b) The presiding officer must hold a license under this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.108. MEETINGS. (a) The board shall hold at least two

regular meetings each year.

(b) Additional meetings may be held at the call of the presiding

officer or on the written request of any three members of the

board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. BOARD PERSONNEL

Sec. 401.151. EMPLOYEES. The department shall provide

administrative and clerical employees necessary to administer

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.152. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly define the respective

responsibilities of the board and the staff of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER E. BOARD AND DEPARTMENT POWERS AND DUTIES

Sec. 401.201. GENERAL POWERS AND DUTIES. (a) With the

assistance of the department, the board shall:

(1) administer, coordinate, and enforce this chapter;

(2) evaluate the qualifications of license applicants;

(3) provide for the examination of license applicants;

(4) in connection with a hearing under Section 401.454, issue

subpoenas, examine witnesses, and administer oaths under the laws

of this state;

(5) conduct hearings and keep records and minutes necessary to

the orderly administration of this chapter; and

(6) investigate persons engaging in practices that violate this

chapter.

(b) The board may appoint subcommittees to work under its

jurisdiction.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.171(a), eff.

Sept. 1, 2001.

Sec. 401.202. RULEMAKING AUTHORITY. The board shall adopt rules

necessary to administer and enforce this chapter, including rules

that establish standards of ethical practice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.203. BOARD DUTIES REGARDING COMPLAINTS. (a) The board

by rule shall adopt a form to standardize information concerning

complaints made to the board.

(b) The board by rule shall prescribe information to be provided

to a person when the person files a complaint with the board.

(c) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.204. FEES. (a) The board by rule shall establish fees

in amounts reasonable and necessary so that the fees in the

aggregate are sufficient to cover the costs of administering this

chapter.

(b) All expenses for the administration of this chapter shall be

paid from fees collected by the board under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.205. SEAL. The board shall adopt a seal to

authenticate its proceedings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.206. LEGAL REPRESENTATION. The board shall be

represented by the attorney general and the district and county

attorneys of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.207. TRAINING. Each board member shall comply with the

board member training requirements established by any other state

agency authorized to establish the requirements for the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. PUBLIC ACCESS AND INFORMATION

Sec. 401.251. COMPLAINTS. The board shall list with its regular

telephone number any toll-free telephone number established under

other state law that may be called to present a complaint about a

health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.252. RECORDS OF COMPLAINTS. (a) The board shall keep

an information file about each complaint filed with the board.

The file must be current and contain a record for each complaint

of:

(1) each person contacted in relation to the complaint;

(2) a summary of findings made at each step of the complaint

process;

(3) for a complaint that is dismissed, an explanation of the

legal basis and reason for dismissal;

(4) the schedule established for the complaint under Section

401.253(b)(2) and a notation of any change in the schedule; and

(5) other relevant information.

(b) If a written complaint is filed with the board that the

board has authority to resolve, the board, at least quarterly and

until final disposition of the complaint, shall notify the

parties to the complaint of the status of the complaint unless

the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.253. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt rules concerning the

investigation of a complaint filed with the board. The rules

must:

(1) distinguish among categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator.

(b) The board shall:

(1) dispose of each complaint in a timely manner; and

(2) establish a schedule for conducting each phase of a

complaint investigation that is under the control of the board

not later than the 30th day after the date the complaint is

received by the board.

(c) Each party to a complaint shall be notified of the projected

time requirements for pursuing the complaint.

(d) Each party to the complaint shall be notified of any change

in the schedule established under Subsection (b)(2) not later

than the seventh day after the date the change is made.

(e) The director of the board shall notify the board of a

complaint that is not resolved within the time prescribed by the

board for resolving the complaint so that the board may take

necessary action on the complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.2535. COMPLAINT INVESTIGATION; SUBPOENA. (a) In an

investigation of a complaint filed with the board, the board may

request that the commissioner of public health or the

commissioner's designee approve the issuance of a subpoena. If

the request is approved, the board may issue a subpoena to compel

the attendance of a relevant witness or the production, for

inspection or copying, of relevant evidence that is in this

state.

(b) A subpoena may be served personally or by certified mail.

(c) If a person fails to comply with a subpoena, the board,

acting through the attorney general, may file suit to enforce the

subpoena in a district court in Travis County or in the county in

which a hearing conducted by the board may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The board may delegate the authority granted under

Subsection (a) to the secretary-treasurer of the board.

(f) The board shall pay a reasonable fee for photocopies

subpoenaed under this section in an amount not to exceed the

amount the board may charge for copies of its records.

(g) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(h) All information and materials subpoenaed or compiled by the

board in connection with a complaint and investigation are

confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the board or its employees or agents involved

in discipline of the holder of a license, except that this

information may be disclosed to:

(1) persons involved with the board in a disciplinary action

against the holder of a license;

(2) professional speech-language pathologist and audiologist

licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter

467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder

of a license, the nature of those charges, disciplinary

proceedings of the board, and final disciplinary actions,

including warnings and reprimands, by the board are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.172(a), eff.

Sept. 1, 2001.

Sec. 401.254. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE REQUIREMENTS

Sec. 401.301. LICENSE REQUIRED. A person may not practice

speech-language pathology or audiology or represent that the

person is a speech-language pathologist or audiologist in this

state unless the person holds a license under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.302. ISSUANCE OF LICENSE. (a) The board shall issue a

license to an applicant who meets the requirements of this

chapter and who pays to the board the initial nonrefundable

license fee.

(b) The board may issue to an applicant a license in either

speech-language pathology or audiology.

(c) The board may issue a license in both speech-language

pathology and audiology to an applicant.

(d) The board by rule shall establish qualifications for dual

licensing in speech-language pathology and audiology and may

develop a full range of licensing options and establish rules for

qualifications.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.303. LICENSE APPLICATION. (a) A person who desires a

license under this chapter must apply to the board on a form and

in the manner the board prescribes.

(b) The application must be accompanied by a nonrefundable

application fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.304. APPLICANT ELIGIBILITY. (a) To be eligible for

licensing as a speech-language pathologist or audiologist, an

applicant must:

(1) possess at least a master's degree with a major in at least

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) submit a transcript from a public or private institution of

higher learning showing successful completion of course work in

amounts set by the board in:

(A) normal development and use of speech, language, and hearing;

(B) evaluation, habilitation, and rehabilitation of speech,

language, and hearing disorders; and

(C) related fields that augment the work of clinical

practitioners of speech-language pathology and audiology;

(3) have successfully completed at least 36 semester hours in

courses that are acceptable toward a graduate degree by the

college or university in which the courses are taken, at least 24

of which must be in the professional area for which the license

is requested and at least six of which must be:

(A) in audiology if the application is for a speech-language

pathology license; or

(B) in speech-language pathology if the application is for an

audiology license;

(4) have completed the minimum number of hours, established by

the board, of supervised clinical experience with persons who

present a variety of communication disorders; and

(5) have completed the full-time supervised professional

experience, as defined by board rule, in which clinical work has

been accomplished in the major professional area for which the

license is being sought.

(b) Clinical experience required under Subsection (a)(4) must be

obtained:

(1) in the applicant's educational institution or in one of the

institution's cooperating programs; and

(2) under the supervision of a person holding a license to

practice speech-language pathology or audiology.

(c) Supervised professional experience under Subsection (a)(5)

must:

(1) be under the supervision of a qualified person acceptable to

the board under guidelines approved by the board; and

(2) begin after completion of the academic and clinical

experience required by this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.305. EXAMINATION. (a) To obtain a license, an

applicant must:

(1) pass a validated examination approved by the board; and

(2) pay fees in a manner prescribed by the board.

(b) The board shall:

(1) administer an examination at least twice each year;

(2) determine standards for acceptable performance on the

examination; and

(3) maintain a record of all examination scores for at least two

years after the date of examination.

(c) The board by rule may:

(1) establish procedures for the administration of the

examination; and

(2) require a written or oral examination, or both.

(d) The board may examine an applicant in any theoretical or

applied field of speech-language pathology or audiology it

considers appropriate. The board may examine an applicant on

professional skills and judgment in the use of speech-language

pathology or audiology techniques or methods.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.306. EXAMINATION RESULTS. (a) The board shall notify

each examinee of the results of the examination not later than

the 30th day after the date the examination is administered. If

an examination is graded or reviewed by a national or state

testing service that does not directly notify examinees of the

examination results, the board shall notify each examinee of the

results not later than the 14th day after the date the board

receives the results from the testing service.

(b) If the notice of examination results graded or reviewed by a

national or state testing service will be delayed for longer than

90 days after the examination date, the board shall notify the

examinee of the reason for the delay before the 90th day.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.307. REEXAMINATION. (a) A person who fails the

examination may take a subsequent examination on payment of a

nonrefundable fee for the subsequent examination.

(b) An applicant who fails two examinations may not be

reexamined until the person:

(1) submits a new application accompanied by a nonrefundable

application fee; and

(2) presents evidence acceptable to the board of additional

study in the area for which a license is sought.

(c) To request an analysis of the person's performance on the

examination, a person who fails a licensing examination

administered under this chapter must contact the testing service

that administered the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL

COMPETENCE WAIVER. (a) The board may grant a provisional

license to an applicant who:

(1) is licensed in good standing as a speech-language

pathologist or an audiologist in another state that has licensing

requirements that are substantially equivalent to the

requirements of this chapter;

(2) has passed a national or other examination recognized by the

board relating to speech-language pathology or audiology; and

(3) is sponsored by a license holder with whom the provisional

license holder may practice under this section.

(b) An applicant for a provisional license may be excused from

the requirement of Subsection (a)(3) if the board determines that

compliance with that requirement is a hardship to the applicant.

(c) 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 license under this chapter to a

provisional license holder:

(1) who passes the examination required by Section 401.305;

(2) for whom the board verifies satisfaction of the academic and

experience requirements for a license under this chapter; and

(3) who satisfies any other license requirements under this

chapter.

(e) The board shall 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.

(f) The board may waive the examination requirement and issue a

license to an applicant who holds the Certificate of Clinical

Competence of the American Speech-Language-Hearing Association.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.309. TEMPORARY LICENSE. The board by rule may provide

for the issuance of a temporary license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.310. TEMPORARY CERTIFICATE OF REGISTRATION. (a) The

board shall issue a temporary certificate of registration to an

applicant who:

(1) satisfies the requirements of Section 401.304;

(2) has not previously applied to take the examination; and

(3) pays the nonrefundable application fee.

(b) A holder of a temporary certificate of registration may

practice speech-language pathology or audiology for a period

ending eight weeks after the date the examination concludes.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.311. INTERN LICENSE. (a) A license applicant who has

completed only the requirements of Sections 401.304(a)(1)-(4) may

be licensed as an intern under this chapter.

(b) An applicant who has successfully completed the academic and

clinical requirements of Sections 401.304(a)(1)-(4) but who has

not had the degree officially conferred on the applicant may be

licensed as an intern under this chapter.

(c) The board by rule shall:

(1) prescribe the terms governing a person's practice as an

intern under this section; and

(2) establish general guidelines and renewal procedures for the

holder of an intern license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.312. LICENSED ASSISTANTS. (a) The board may establish

minimum qualifications for licensed assistants in speech-language

pathology and in audiology.

(b) A licensed assistant in speech-language pathology or in

audiology must meet the minimum qualifications established by the

board.

(c) A licensed assistant in speech-language pathology shall work

under the direction of a licensed speech-language pathologist.

(d) The qualifications for licensing as a licensed assistant in

speech-language pathology must be uniform and be less stringent

than the requirements under this chapter for a speech-language

pathologist license.

(e) A licensed assistant in audiology shall work under the

direction of a licensed audiologist.

(f) The qualifications for licensing as a licensed assistant in

audiology must be uniform and be less stringent than the

requirements under this chapter for an audiologist license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.313. INACTIVE STATUS. (a) The board by rule may

provide for a license holder to be placed on inactive status.

(b) Rules adopted under this section must include a time limit

for a license holder to remain on inactive status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.314. LIMITED LICENSE TO PRACTICE IN PUBLIC SCHOOLS.

(a) The board shall waive the licensing requirements under this

chapter and issue a limited license to practice in the public

schools as a fully licensed speech-language pathologist to an

applicant who:

(1) was eligible for a waiver of licensing requirements under

Section 13(a), Chapter 381, Acts of the 68th Legislature, Regular

Session, 1983, as amended by Chapter 448, Acts of the 69th

Legislature, Regular Session, 1985;

(2) for the two years preceding January 1, 1996, was employed by

a school district as a speech-language therapist;

(3) submits with the person's application a written statement by

the superintendent of the school district employing the person,

certifying that the district has not been able to employ as a

speech-language pathologist a person who meets the licensing

requirements imposed under this chapter;

(4) holds a baccalaureate degree in communication disorders

(speech-language) from an accredited institution of higher

education and is certified by the Texas Education Agency in

speech and hearing therapy or, in the judgment of the board,

satisfies equivalent requirements; and

(5) successfully completes the examination required under

Section 401.305.

(b) The board shall waive the licensing requirements imposed

under this chapter and issue a limited license to practice in the

public schools as a fully licensed speech-language pathologist to

a person who:

(1) meets the requirements of Subsections (a)(2)-(5); and

(2) is enrolled in a program of study toward a master's degree

with a major in at least one of the areas of communicative

sciences or disorders from a program accredited by the American

Speech-Language-Hearing Association in a regionally accredited

college or university.

(c) Beginning September 1, 1998, and biennially after that date,

a person licensed under Subsection (b) must demonstrate in a

manner prescribed by the board that the person has successfully

completed in the preceding two-year period at least 12 hours of

course work toward completing a master's degree described by

Subsection (b)(2).

(d) A person who holds a limited license issued under this

section may apply for a full license as provided by this chapter.

(e) An applicant for a limited license must have:

(1) applied not later than September 1, 1996; and

(2) provided proof satisfactory to the board that the person

satisfies the requirements of this section.

(f) A person must complete the requirements for a license under

this section not later than January 1, 2003.

(g) This section expires on the effective date of any federal

requirement that a speech-language pathologist hold a master's

degree as a condition for receipt of federal funding by the

entity employing the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER H. LICENSE EXPIRATION AND RENEWAL

Sec. 401.351. EXPIRATION. (a) The board by rule may adopt a

system under which licenses expire on various dates during the

year.

(b) For the year in which the license expiration date is

changed, license fees payable on the original expiration date

shall be prorated on a monthly basis so that each license holder

pays only the portion of the license fee that is allocable to the

number of months during which the license is valid. On renewal of

the license on the new expiration date, the total license renewal

fee is payable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.352. LICENSE RENEWAL. (a) Each licensed

speech-language pathologist or audiologist must annually pay the

nonrefundable fee for license renewal. The board shall allow a

60-day grace period. After expiration of the grace period, the

board may renew a license on payment of a penalty set by board

rule.

(b) An application for a license filed not later than the second

anniversary of the license expiration date is considered an

application for renewal. The board may not require a person who

applies for renewal on or before the second anniversary of the

license expiration date to take an examination as a condition of

renewal.

(c) A person whose license has been expired for two years or

more may not renew the license. The person may obtain a new

license by complying with the requirements and procedures for

obtaining an original license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.353. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The board may renew without reexamination an

expired license of a person who was licensed in this state within

the three years preceding application for renewal and who is

currently licensed and has been in practice in another state for

the two years preceding the application date.

(b) The person must pay to the board a fee that is equal to the

amount of the license examination fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.354. MEDICAL HARDSHIP. The board may adopt rules

concerning the reinstatement of a license in a case of medical

hardship.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.355. CONTINUING EDUCATION. (a) The board shall

establish uniform mandatory continuing education requirements. A

license holder may not renew the person's license unless the

person meets the continuing education requirements.

(b) The board shall establish the requirements in a manner that

allows a license holder to comply without an extended absence

from the license holder's county of residence.

(c) The board shall:

(1) provide to a license applicant, with the application form on

which the person is to apply for a license, information

describing the continuing education requirements; and

(2) notify each license holder of any change in the continuing

education requirements at least one year before the date the

change takes effect.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER I. PRACTICE BY LICENSE HOLDER

Sec. 401.401. AUDIOMETRIC TESTING. (a) 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.

(b) A dBa equivalent level may be used to determine compliance.

(c) The board shall adopt rules necessary to enforce this

section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.402. PRACTICE BY SPEECH-LANGUAGE PATHOLOGISTS. (a) A

speech-language pathologist may perform basic audiometric

screening tests and aural habilitation or rehabilitation.

(b) A person licensed as a speech-language pathologist under

this chapter may not fit, dispense, or sell hearing instruments

unless the person meets the specific requirements for fitting and

dispensing hearing instruments under this chapter or Chapter 402.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.403. PRACTICE BY AUDIOLOGISTS. (a) An audiologist

may:

(1) engage in any act necessary to:

(A) evaluate hearing;

(B) train in the use of amplification, including hearing

instruments;

(C) make earmolds for hearing instruments;

(D) fit, dispense, and sell hearing instruments; or

(E) manage cerumen;

(2) participate in consultation regarding noise control and

hearing conservation;

(3) provide evaluations of environment or equipment, including

calibration of equipment used in testing auditory functioning and

hearing conservation; and

(4) perform basic speech and language screening tests and

procedures consistent with the audiologist's training.

(b) A person who meets the requirements of this chapter for

licensing as an audiologist or audiologist intern and who fits

and dispenses hearing instruments must:

(1) register with the board the person's intention to fit and

dispense hearing instruments;

(2) comply with the profession's code of ethics;

(3) comply with the federal Food and Drug Administration

guidelines for fitting and dispensing hearing instruments;

(4) when providing services in this state, use a written

contract that contains the board's name, mailing address, and

telephone number; and

(5) follow the guidelines adopted by board rule for a 30-day

trial period on every hearing instrument purchased.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.404. HEARING INSTRUMENT SALES TO MINORS. A licensed

audiologist may not sell a hearing instrument to a person under

18 years of age unless the person or the parent or guardian of

the person presents to the audiologist a written statement signed

by a licensed physician who specializes in diseases of the ear

stating that:

(1) the person's hearing loss has been medically evaluated

during the six-month period preceding the date the statement is

presented; and

(2) the person may be considered a candidate for a hearing

instrument.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER J. LICENSE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 401.451. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY

ACTION. (a) After a hearing, the board may deny a license to an

applicant or may suspend or revoke a person's license or place on

probation a license holder if the applicant or license holder:

(1) violates this chapter or an order or rule of the board;

(2) obtains a license by means of fraud, misrepresentation, or

concealment of a material fact;

(3) sells, barters, or offers to sell or barter a license or

certificate of registration; or

(4) engages in unprofessional conduct that:

(A) endangers or is likely to endanger the health, welfare, or

safety of the public as defined by board rule; or

(B) violates the code of ethics adopted and published by the

board.

(b) Any person may commence a proceeding for revocation or

suspension of a license by filing written charges with the board

under oath.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.452. MONITORING OF LICENSE HOLDER. (a) The board by

rule shall develop a system for monitoring a license holder's

compliance with this chapter.

(b) Rules adopted under this section must include procedures to:

(1) monitor for compliance a license holder who is ordered by

the board to perform certain acts; and

(2) identify and monitor license holders who represent a risk to

the public.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.453. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR

CRIMINAL CONVICTION. (a) The board may deny a license or may

suspend or revoke a license if the applicant or license holder

has been convicted of a misdemeanor involving moral turpitude or

a felony. The board may take action authorized by this section

when:

(1) the time for appeal of the person's conviction has elapsed;

(2) the judgment or conviction has been affirmed on appeal; or

(3) an order granting probation is made suspending the

imposition of the person's sentence, without regard to whether a

subsequent order:

(A) allows a withdrawal of a plea of guilty;

(B) sets aside a verdict of guilty; or

(C) dismisses an information or indictment.

(b) A plea or verdict of guilty or a conviction following a plea

of nolo contendere is a conviction for purposes of this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.454. ADMINISTRATIVE PROCEDURE. (a) Except as provided

by this subchapter, a proceeding to deny a license application or

to take disciplinary action against a license holder is subject

to Chapter 2001, Government Code.

(b) A person whose application for a license is denied is

entitled to a hearing before the board if the person submits a

written request to the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.455. INFORMAL PROCEDURES. (a) The board by rule shall

adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) informal proceedings held in compliance with Section

2001.054, Government Code.

(b) Rules adopted under Subsection (a) must:

(1) provide the complainant, if applicable and permitted by law,

an opportunity to be heard;

(2) provide the license holder an opportunity to be heard; and

(3) require the presence of a legal representative of the

department who represents the board or the board's employees or a

representative of the attorney general to advise the board or the

board's employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.456. SCHEDULE OF SANCTIONS. The board shall use the

schedule of sanctions adopted by board rule for any sanction

imposed as the result of a hearing conducted by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.457. REINSTATEMENT. (a) A person may apply for

reinstatement of a revoked license on or after the first

anniversary of the date of revocation.

(b) The board may:

(1) accept or reject the application; and

(2) require an examination as a condition for reinstatement of

the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.458. PROBATION. The board may require a license holder

whose license suspension is probated to:

(1) report regularly to the board on matters that are the basis

of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review continuing professional education until

the license holder attains a degree of skill satisfactory to the

board in those areas that are the basis of the probation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.459. REPRIMAND; CONTINUING EDUCATION. (a) In addition

to other disciplinary action authorized by this subchapter, the

board may:

(1) issue a written reprimand to a license holder who violates

this chapter; or

(2) require that a license holder who violates this chapter

attend continuing education programs.

(b) The board may specify the number of hours of continuing

education that must be completed by a license holder to fulfill

the requirement of Subsection (a)(2).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.460. EMERGENCY SUSPENSION. (a) The board or a

three-member committee of board members designated by the board

shall temporarily suspend the license of a license holder if the

board or committee determines from the evidence or information

presented to it that continued practice by the license holder

would constitute a continuing and imminent threat to the public

welfare.

(b) A license may be suspended under this section without notice

or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

(c) The State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare still exists. A final hearing on the matter shall be held

not later than the 61st day after the date of the temporary

suspension.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 4, eff. Sept. 1,

2003.

SUBCHAPTER K. PENALTIES AND OTHER ENFORCEMENT PROVISIONS

Sec. 401.501. DECEPTIVE TRADE PRACTICE. A violation of Section

401.301 is a deceptive trade practice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.502. INJUNCTION. The board may apply to a district

court in any county for an injunction or another order to

restrain the violation of this chapter by a person other than a

license holder under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.503. CRIMINAL OFFENSE. (a) A person commits an

offense if the person violates this chapter.

(b) An offense under this section is a misdemeanor punishable

by:

(1) confinement in the county jail for a period not to exceed

six months;

(2) a fine not to exceed $1,000; or

(3) both the confinement and the fine.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER L. ADMINISTRATIVE PENALTY

Sec. 401.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The board

may impose an administrative penalty on a person licensed under

this chapter who violates this chapter or a rule or order adopted

under this chapter.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount

of the administrative penalty may not be less than $50 or more

than $5,000 for each violation. Each day a violation continues or

occurs is a separate violation for the purpose of imposing a

penalty.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the commissioner of public health or the commissioner's

designee determines that a violation occurred, the commissioner

or the designee may issue to the board a report stating:

(1) the facts on which the determination is based; and

(2) the commissioner's or the designee's recommendation on the

imposition of an administrative penalty, including a

recommendation on the amount of the penalty.

(b) Within 14 days after the date the report is issued, the

commissioner of public health or the commissioner's designee

shall give written notice of the report to the person. The notice

must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended administrative penalty;

and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 10 days after the date the person receives the notice, the

person in writing may:

(1) accept the determination and recommended administrative

penalty of the commissioner of public health or the

commissioner's designee; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty of the commissioner of public health or the

commissioner's designee, the board by order shall approve the

determination and impose the recommended penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.555. HEARING. (a) If the person requests a hearing or

fails to respond in a timely manner to the notice, the

commissioner of public health or the commissioner's designee

shall set a hearing and give written notice of the hearing to the

person.

(b) An administrative law judge of the State Office of

Administrative Hearings shall hold the hearing.

(c) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the board a proposal for

a decision about the occurrence of the violation and the amount

of a proposed administrative penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.556. DECISION BY BOARD. (a) Based on the findings of

fact, conclusions of law, and proposal for decision, the board by

order may determine that:

(1) a violation occurred and impose an administrative penalty;

or

(2) a violation did not occur.

(b) The notice of the board's order given to the person must

include a statement of the right of the person to judicial review

of the order.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Within 30 days after the date the board's order becomes final,

the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the

occurrence of the violation, the amount of the penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a

person who files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the board's order

is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the commissioner of public

health or the commissioner's designee by certified mail.

(c) If the commissioner of public health or the commissioner's

designee receives a copy of an affidavit under Subsection (b)(2),

the commissioner or the designee may file with the court, within

five days after the date the copy is received, a contest to the

affidavit.

(d) The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay the enforcement

of the penalty on finding that the alleged facts are true. The

person who files an affidavit has the burden of proving that the

person is financially unable to pay the penalty and to give a

supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.558. COLLECTION OF PENALTY. (a) If the person does

not pay the administrative penalty and the enforcement of the

penalty is not stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.559. DETERMINATION BY COURT. (a) If the court

sustains the determination that a violation occurred, the court

may uphold or reduce the amount of the administrative penalty and

order the person to pay the full or reduced amount of the

penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.560. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the administrative penalty and if the amount of the

penalty is reduced or the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, that

the appropriate amount plus accrued interest be remitted to the

person.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

(c) The interest shall be paid for the period beginning on the

date the penalty is paid and ending on the date the penalty is

remitted.

(d) If the person gave a supersedeas bond and the penalty is not

upheld by the court, the court shall order, when the court's

judgment becomes final, the release of the bond.

(e) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.561. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter is a contested case under Chapter 2001, Government

Code.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-401-speech-language-pathologists-and-audiologists

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE G. PROFESSIONS RELATED TO HEARING, SPEECH, AND DYSLEXIA

CHAPTER 401. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 401.001. DEFINITIONS. In this chapter:

(1) "Audiologist" means a person who meets the qualifications of

this chapter to practice audiology.

(2) "Audiology" means the application of nonmedical principles,

methods, and procedures for measurement, testing, appraisal,

prediction, consultation, counseling, habilitation,

rehabilitation, or instruction related to disorders of the

auditory or vestibular systems for the purpose of providing or

offering to provide services modifying communicative disorders

involving speech, language, or auditory or vestibular function or

other aberrant behavior relating to hearing loss.

(3) "Board" means the State Board of Examiners for

Speech-Language Pathology and Audiology.

(4) "Department" means the Texas Department of Health.

(5) "Speech-language pathologist" means a person who meets the

qualifications of this chapter to practice speech-language

pathology.

(6) "Speech-language pathology" means the application of

nonmedical principles, methods, and procedures for 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 evaluating, preventing, or modifying or offering to evaluate,

prevent, or modify those disorders and conditions in an

individual or a group.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of

Examiners for Speech-Language Pathology and Audiology is subject

to Chapter 325, Government Code (Texas Sunset Act). Unless

continued in existence as provided by that chapter, the board is

abolished and this chapter expires September 1, 2011.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.04, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 4.03, eff. June 15, 2007.

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.09, eff. July 10, 2009.

SUBCHAPTER B. APPLICATION OF CHAPTER

Sec. 401.051. PHYSICIANS. (a) This chapter does not prevent or

restrict a physician from engaging in the practice of medicine in

this state.

(b) This chapter does not restrict a licensed physician from

personally conducting a speech or hearing test or evaluation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.052. NURSES. This chapter does not prevent or restrict

a communication, speech, language, or hearing screening, as

defined by board rule, from being conducted by a registered

nurse:

(1) licensed in this state; and

(2) practicing in accordance with the standards of professional

conduct and ethics established by rules adopted by the Texas

Board of Nursing.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 46, eff. September 1, 2007.

Sec. 401.053. PERSONS TRAINED BY DEPARTMENT. (a) This chapter

does not apply to a person who shows evidence of having received

training by the department in a communication, speech, language,

or hearing screening training program approved by the department

if the person's activity is limited to screening as defined by

board rule.

(b) A person who has received training by the department in a

program under Subsection (a) may not:

(1) practice speech-language pathology or audiology; or

(2) represent that the person is a speech-language pathologist

or audiologist.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.054. PERSONS CERTIFIED BY TEXAS EDUCATION AGENCY. (a)

This chapter does not prevent or restrict the activities and

services or the use of an official title by a person who is

certified in speech-language pathology by the Texas Education

Agency if the person only performs speech-language pathology or

audiology services as part of the person's duties within an

agency, institution, or organization under the jurisdiction of

the Texas Education Agency.

(b) The Texas Education Agency certificate in speech-language

pathology must require an applicant to:

(1) hold a master's degree in communicative disorders or the

equivalent from a university program accredited by the American

Speech-Language-Hearing Association; and

(2) pass a national examination in speech-language pathology or

audiology approved by the board.

(c) A person affected by this section who performs work as a

speech-language pathologist or audiologist in addition to

performing the person's duties within an agency, institution, or

organization under the jurisdiction of the Texas Education Agency

is required to hold a license issued by the board unless that

work is limited to speech and hearing screening procedures

performed without compensation.

(d) For the purposes of Subsection (b)(1), an applicant's

educational credentials are equivalent to a master's degree in

communicative disorders if the credentials:

(1) consist of graduate-level course work and practicum from a

program accredited by the American Speech-Language-Hearing

Association; and

(2) meet requirements that are the same as those established by

the board for a license in speech-language pathology or

audiology.

(e) The clinical fellowship year experience or internship may

not be a requirement for the Texas Education Agency certificate

in speech-language pathology.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.055. UNIVERSITY OR COLLEGE TEACHERS. This chapter does

not restrict the use of an official title by a person teaching in

a university or college training program, if the person:

(1) is not engaged in the practice of speech-language pathology

or audiology; and

(2) does not supervise a person engaged in the practice of

speech-language pathology or audiology.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.056. STUDENTS. This chapter does not restrict the

activities and services of a student pursuing a course of study

leading to a degree in speech-language pathology or audiology at

a college or university accredited by the Southern Association of

Colleges and Universities or its equivalent if:

(1) the activities and services are part of the student's

supervised course of study;

(2) the student is supervised by a person licensed under this

chapter; and

(3) the student is designated as a "Speech-Language Pathology

Trainee," an "Audiology Trainee," or by another title that

clearly indicates the student's professional preparation status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter does

not prevent a person in an industrial setting from engaging in

hearing testing as a part of a hearing conservation program in

compliance with federal Occupational Safety and Health

Administration regulations if the person is certified by an

agency acceptable to the Occupational Safety and Health

Administration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.058. APPLICATION TO HEARING INSTRUMENT FITTERS AND

DISPENSERS. (a) This chapter does not prevent or restrict a

person licensed under Chapter 402 from engaging in the practice

of fitting and dispensing hearing instruments.

(b) This chapter does not prohibit a fitter and dispenser of

hearing instruments licensed under Chapter 402 from measuring

human hearing by any means, including an audiometer, to make a

selection, adaptation, or sale of a hearing instrument,

including:

(1) making impressions for earmolds to be used as part of a

hearing instrument; and

(2) providing post-fitting counseling to fit and dispense

hearing instruments.

(c) A person who is not an audiologist who is licensed to fit

and dispense hearing instruments under Chapter 402 may not:

(1) practice speech-language pathology or audiology; or

(2) represent that the person is a speech-language pathologist

or audiologist by the use of any term restricted by this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.059. APPLICATION TO OTHER LICENSED PROFESSIONALS. This

chapter does not prevent a person licensed in this state under

another law from engaging in the profession for which the person

is licensed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.060. MEDICAL PRACTICE. This chapter does not permit a

person to perform an act that violates Subtitle B.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE

PATHOLOGY AND AUDIOLOGY

Sec. 401.101. BOARD WITHIN HEALTH DEPARTMENT. The State Board

of Examiners for Speech-Language Pathology and Audiology is

within the Texas Department of Health.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.102. BOARD MEMBERSHIP. (a) The board consists of nine

members appointed by the governor as follows:

(1) three audiologist members;

(2) three speech-language pathologist members; and

(3) three members who represent the public.

(b) Board members must:

(1) have been a resident of this state for the two years

preceding the date of appointment;

(2) be from the various geographic regions of the state; and

(3) be from varying employment settings.

(c) The board members appointed under Subsections (a)(1) and (2)

must:

(1) have been engaged in teaching, research, or providing

services in speech-language pathology or audiology for at least

five years; and

(2) be licensed under this chapter.

(d) One of the public board members must be a physician licensed

in this state and certified in otolaryngology or pediatrics.

(e) Appointments to the board shall be made without regard to

the race, creed, sex, religion, or national origin of the

appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. The two public

members of the board who are not physicians may not:

(1) be licensed by an occupational regulatory agency in the

field of health care;

(2) be employed by and participating in the management of an

agency or business entity that provides health care services or

that sells, manufactures, or distributes health care supplies or

equipment;

(3) own, control, or have a direct or indirect interest of more

than 10 percent in a business entity that provides health care

services or that sells, manufactures, or distributes health care

supplies or equipment; or

(4) be an officer, employee, or paid consultant of a trade

association in the field of health care.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.104. MEMBERSHIP RESTRICTIONS. (a) A board member may

not be related within the second degree by consanguinity or

affinity, as determined under Subchapter B, Chapter 573,

Government Code, to an officer, employee, or paid consultant of a

trade association in the field of health care.

(b) A person may not serve as a member of the board or act as

the general counsel to the board if the person is required to

register as a lobbyist under Chapter 305, Government Code,

because of the person's activities in a health-related area.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.105. TERMS. (a) Members are appointed for staggered

six-year terms. The terms of three members expire September 1 of

each odd-numbered year.

(b) A person may not be appointed to serve more than two

consecutive terms.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.106. COMPENSATION; PER DIEM. (a) A board member may

not receive compensation for the member's services.

(b) A member is entitled to a per diem and travel allowance for

each day the member engages in board business at the rate set for

state employees in the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.107. BOARD OFFICERS. (a) The board shall organize

itself annually and select a presiding officer, assistant

presiding officer, and secretary-treasurer.

(b) The presiding officer must hold a license under this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.108. MEETINGS. (a) The board shall hold at least two

regular meetings each year.

(b) Additional meetings may be held at the call of the presiding

officer or on the written request of any three members of the

board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. BOARD PERSONNEL

Sec. 401.151. EMPLOYEES. The department shall provide

administrative and clerical employees necessary to administer

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.152. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly define the respective

responsibilities of the board and the staff of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER E. BOARD AND DEPARTMENT POWERS AND DUTIES

Sec. 401.201. GENERAL POWERS AND DUTIES. (a) With the

assistance of the department, the board shall:

(1) administer, coordinate, and enforce this chapter;

(2) evaluate the qualifications of license applicants;

(3) provide for the examination of license applicants;

(4) in connection with a hearing under Section 401.454, issue

subpoenas, examine witnesses, and administer oaths under the laws

of this state;

(5) conduct hearings and keep records and minutes necessary to

the orderly administration of this chapter; and

(6) investigate persons engaging in practices that violate this

chapter.

(b) The board may appoint subcommittees to work under its

jurisdiction.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.171(a), eff.

Sept. 1, 2001.

Sec. 401.202. RULEMAKING AUTHORITY. The board shall adopt rules

necessary to administer and enforce this chapter, including rules

that establish standards of ethical practice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.203. BOARD DUTIES REGARDING COMPLAINTS. (a) The board

by rule shall adopt a form to standardize information concerning

complaints made to the board.

(b) The board by rule shall prescribe information to be provided

to a person when the person files a complaint with the board.

(c) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.204. FEES. (a) The board by rule shall establish fees

in amounts reasonable and necessary so that the fees in the

aggregate are sufficient to cover the costs of administering this

chapter.

(b) All expenses for the administration of this chapter shall be

paid from fees collected by the board under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.205. SEAL. The board shall adopt a seal to

authenticate its proceedings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.206. LEGAL REPRESENTATION. The board shall be

represented by the attorney general and the district and county

attorneys of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.207. TRAINING. Each board member shall comply with the

board member training requirements established by any other state

agency authorized to establish the requirements for the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. PUBLIC ACCESS AND INFORMATION

Sec. 401.251. COMPLAINTS. The board shall list with its regular

telephone number any toll-free telephone number established under

other state law that may be called to present a complaint about a

health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.252. RECORDS OF COMPLAINTS. (a) The board shall keep

an information file about each complaint filed with the board.

The file must be current and contain a record for each complaint

of:

(1) each person contacted in relation to the complaint;

(2) a summary of findings made at each step of the complaint

process;

(3) for a complaint that is dismissed, an explanation of the

legal basis and reason for dismissal;

(4) the schedule established for the complaint under Section

401.253(b)(2) and a notation of any change in the schedule; and

(5) other relevant information.

(b) If a written complaint is filed with the board that the

board has authority to resolve, the board, at least quarterly and

until final disposition of the complaint, shall notify the

parties to the complaint of the status of the complaint unless

the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.253. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt rules concerning the

investigation of a complaint filed with the board. The rules

must:

(1) distinguish among categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator.

(b) The board shall:

(1) dispose of each complaint in a timely manner; and

(2) establish a schedule for conducting each phase of a

complaint investigation that is under the control of the board

not later than the 30th day after the date the complaint is

received by the board.

(c) Each party to a complaint shall be notified of the projected

time requirements for pursuing the complaint.

(d) Each party to the complaint shall be notified of any change

in the schedule established under Subsection (b)(2) not later

than the seventh day after the date the change is made.

(e) The director of the board shall notify the board of a

complaint that is not resolved within the time prescribed by the

board for resolving the complaint so that the board may take

necessary action on the complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.2535. COMPLAINT INVESTIGATION; SUBPOENA. (a) In an

investigation of a complaint filed with the board, the board may

request that the commissioner of public health or the

commissioner's designee approve the issuance of a subpoena. If

the request is approved, the board may issue a subpoena to compel

the attendance of a relevant witness or the production, for

inspection or copying, of relevant evidence that is in this

state.

(b) A subpoena may be served personally or by certified mail.

(c) If a person fails to comply with a subpoena, the board,

acting through the attorney general, may file suit to enforce the

subpoena in a district court in Travis County or in the county in

which a hearing conducted by the board may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The board may delegate the authority granted under

Subsection (a) to the secretary-treasurer of the board.

(f) The board shall pay a reasonable fee for photocopies

subpoenaed under this section in an amount not to exceed the

amount the board may charge for copies of its records.

(g) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(h) All information and materials subpoenaed or compiled by the

board in connection with a complaint and investigation are

confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the board or its employees or agents involved

in discipline of the holder of a license, except that this

information may be disclosed to:

(1) persons involved with the board in a disciplinary action

against the holder of a license;

(2) professional speech-language pathologist and audiologist

licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter

467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder

of a license, the nature of those charges, disciplinary

proceedings of the board, and final disciplinary actions,

including warnings and reprimands, by the board are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.172(a), eff.

Sept. 1, 2001.

Sec. 401.254. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE REQUIREMENTS

Sec. 401.301. LICENSE REQUIRED. A person may not practice

speech-language pathology or audiology or represent that the

person is a speech-language pathologist or audiologist in this

state unless the person holds a license under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.302. ISSUANCE OF LICENSE. (a) The board shall issue a

license to an applicant who meets the requirements of this

chapter and who pays to the board the initial nonrefundable

license fee.

(b) The board may issue to an applicant a license in either

speech-language pathology or audiology.

(c) The board may issue a license in both speech-language

pathology and audiology to an applicant.

(d) The board by rule shall establish qualifications for dual

licensing in speech-language pathology and audiology and may

develop a full range of licensing options and establish rules for

qualifications.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.303. LICENSE APPLICATION. (a) A person who desires a

license under this chapter must apply to the board on a form and

in the manner the board prescribes.

(b) The application must be accompanied by a nonrefundable

application fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.304. APPLICANT ELIGIBILITY. (a) To be eligible for

licensing as a speech-language pathologist or audiologist, an

applicant must:

(1) possess at least a master's degree with a major in at least

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) submit a transcript from a public or private institution of

higher learning showing successful completion of course work in

amounts set by the board in:

(A) normal development and use of speech, language, and hearing;

(B) evaluation, habilitation, and rehabilitation of speech,

language, and hearing disorders; and

(C) related fields that augment the work of clinical

practitioners of speech-language pathology and audiology;

(3) have successfully completed at least 36 semester hours in

courses that are acceptable toward a graduate degree by the

college or university in which the courses are taken, at least 24

of which must be in the professional area for which the license

is requested and at least six of which must be:

(A) in audiology if the application is for a speech-language

pathology license; or

(B) in speech-language pathology if the application is for an

audiology license;

(4) have completed the minimum number of hours, established by

the board, of supervised clinical experience with persons who

present a variety of communication disorders; and

(5) have completed the full-time supervised professional

experience, as defined by board rule, in which clinical work has

been accomplished in the major professional area for which the

license is being sought.

(b) Clinical experience required under Subsection (a)(4) must be

obtained:

(1) in the applicant's educational institution or in one of the

institution's cooperating programs; and

(2) under the supervision of a person holding a license to

practice speech-language pathology or audiology.

(c) Supervised professional experience under Subsection (a)(5)

must:

(1) be under the supervision of a qualified person acceptable to

the board under guidelines approved by the board; and

(2) begin after completion of the academic and clinical

experience required by this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.305. EXAMINATION. (a) To obtain a license, an

applicant must:

(1) pass a validated examination approved by the board; and

(2) pay fees in a manner prescribed by the board.

(b) The board shall:

(1) administer an examination at least twice each year;

(2) determine standards for acceptable performance on the

examination; and

(3) maintain a record of all examination scores for at least two

years after the date of examination.

(c) The board by rule may:

(1) establish procedures for the administration of the

examination; and

(2) require a written or oral examination, or both.

(d) The board may examine an applicant in any theoretical or

applied field of speech-language pathology or audiology it

considers appropriate. The board may examine an applicant on

professional skills and judgment in the use of speech-language

pathology or audiology techniques or methods.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.306. EXAMINATION RESULTS. (a) The board shall notify

each examinee of the results of the examination not later than

the 30th day after the date the examination is administered. If

an examination is graded or reviewed by a national or state

testing service that does not directly notify examinees of the

examination results, the board shall notify each examinee of the

results not later than the 14th day after the date the board

receives the results from the testing service.

(b) If the notice of examination results graded or reviewed by a

national or state testing service will be delayed for longer than

90 days after the examination date, the board shall notify the

examinee of the reason for the delay before the 90th day.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.307. REEXAMINATION. (a) A person who fails the

examination may take a subsequent examination on payment of a

nonrefundable fee for the subsequent examination.

(b) An applicant who fails two examinations may not be

reexamined until the person:

(1) submits a new application accompanied by a nonrefundable

application fee; and

(2) presents evidence acceptable to the board of additional

study in the area for which a license is sought.

(c) To request an analysis of the person's performance on the

examination, a person who fails a licensing examination

administered under this chapter must contact the testing service

that administered the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL

COMPETENCE WAIVER. (a) The board may grant a provisional

license to an applicant who:

(1) is licensed in good standing as a speech-language

pathologist or an audiologist in another state that has licensing

requirements that are substantially equivalent to the

requirements of this chapter;

(2) has passed a national or other examination recognized by the

board relating to speech-language pathology or audiology; and

(3) is sponsored by a license holder with whom the provisional

license holder may practice under this section.

(b) An applicant for a provisional license may be excused from

the requirement of Subsection (a)(3) if the board determines that

compliance with that requirement is a hardship to the applicant.

(c) 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 license under this chapter to a

provisional license holder:

(1) who passes the examination required by Section 401.305;

(2) for whom the board verifies satisfaction of the academic and

experience requirements for a license under this chapter; and

(3) who satisfies any other license requirements under this

chapter.

(e) The board shall 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.

(f) The board may waive the examination requirement and issue a

license to an applicant who holds the Certificate of Clinical

Competence of the American Speech-Language-Hearing Association.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.309. TEMPORARY LICENSE. The board by rule may provide

for the issuance of a temporary license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.310. TEMPORARY CERTIFICATE OF REGISTRATION. (a) The

board shall issue a temporary certificate of registration to an

applicant who:

(1) satisfies the requirements of Section 401.304;

(2) has not previously applied to take the examination; and

(3) pays the nonrefundable application fee.

(b) A holder of a temporary certificate of registration may

practice speech-language pathology or audiology for a period

ending eight weeks after the date the examination concludes.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.311. INTERN LICENSE. (a) A license applicant who has

completed only the requirements of Sections 401.304(a)(1)-(4) may

be licensed as an intern under this chapter.

(b) An applicant who has successfully completed the academic and

clinical requirements of Sections 401.304(a)(1)-(4) but who has

not had the degree officially conferred on the applicant may be

licensed as an intern under this chapter.

(c) The board by rule shall:

(1) prescribe the terms governing a person's practice as an

intern under this section; and

(2) establish general guidelines and renewal procedures for the

holder of an intern license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.312. LICENSED ASSISTANTS. (a) The board may establish

minimum qualifications for licensed assistants in speech-language

pathology and in audiology.

(b) A licensed assistant in speech-language pathology or in

audiology must meet the minimum qualifications established by the

board.

(c) A licensed assistant in speech-language pathology shall work

under the direction of a licensed speech-language pathologist.

(d) The qualifications for licensing as a licensed assistant in

speech-language pathology must be uniform and be less stringent

than the requirements under this chapter for a speech-language

pathologist license.

(e) A licensed assistant in audiology shall work under the

direction of a licensed audiologist.

(f) The qualifications for licensing as a licensed assistant in

audiology must be uniform and be less stringent than the

requirements under this chapter for an audiologist license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.313. INACTIVE STATUS. (a) The board by rule may

provide for a license holder to be placed on inactive status.

(b) Rules adopted under this section must include a time limit

for a license holder to remain on inactive status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.314. LIMITED LICENSE TO PRACTICE IN PUBLIC SCHOOLS.

(a) The board shall waive the licensing requirements under this

chapter and issue a limited license to practice in the public

schools as a fully licensed speech-language pathologist to an

applicant who:

(1) was eligible for a waiver of licensing requirements under

Section 13(a), Chapter 381, Acts of the 68th Legislature, Regular

Session, 1983, as amended by Chapter 448, Acts of the 69th

Legislature, Regular Session, 1985;

(2) for the two years preceding January 1, 1996, was employed by

a school district as a speech-language therapist;

(3) submits with the person's application a written statement by

the superintendent of the school district employing the person,

certifying that the district has not been able to employ as a

speech-language pathologist a person who meets the licensing

requirements imposed under this chapter;

(4) holds a baccalaureate degree in communication disorders

(speech-language) from an accredited institution of higher

education and is certified by the Texas Education Agency in

speech and hearing therapy or, in the judgment of the board,

satisfies equivalent requirements; and

(5) successfully completes the examination required under

Section 401.305.

(b) The board shall waive the licensing requirements imposed

under this chapter and issue a limited license to practice in the

public schools as a fully licensed speech-language pathologist to

a person who:

(1) meets the requirements of Subsections (a)(2)-(5); and

(2) is enrolled in a program of study toward a master's degree

with a major in at least one of the areas of communicative

sciences or disorders from a program accredited by the American

Speech-Language-Hearing Association in a regionally accredited

college or university.

(c) Beginning September 1, 1998, and biennially after that date,

a person licensed under Subsection (b) must demonstrate in a

manner prescribed by the board that the person has successfully

completed in the preceding two-year period at least 12 hours of

course work toward completing a master's degree described by

Subsection (b)(2).

(d) A person who holds a limited license issued under this

section may apply for a full license as provided by this chapter.

(e) An applicant for a limited license must have:

(1) applied not later than September 1, 1996; and

(2) provided proof satisfactory to the board that the person

satisfies the requirements of this section.

(f) A person must complete the requirements for a license under

this section not later than January 1, 2003.

(g) This section expires on the effective date of any federal

requirement that a speech-language pathologist hold a master's

degree as a condition for receipt of federal funding by the

entity employing the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER H. LICENSE EXPIRATION AND RENEWAL

Sec. 401.351. EXPIRATION. (a) The board by rule may adopt a

system under which licenses expire on various dates during the

year.

(b) For the year in which the license expiration date is

changed, license fees payable on the original expiration date

shall be prorated on a monthly basis so that each license holder

pays only the portion of the license fee that is allocable to the

number of months during which the license is valid. On renewal of

the license on the new expiration date, the total license renewal

fee is payable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.352. LICENSE RENEWAL. (a) Each licensed

speech-language pathologist or audiologist must annually pay the

nonrefundable fee for license renewal. The board shall allow a

60-day grace period. After expiration of the grace period, the

board may renew a license on payment of a penalty set by board

rule.

(b) An application for a license filed not later than the second

anniversary of the license expiration date is considered an

application for renewal. The board may not require a person who

applies for renewal on or before the second anniversary of the

license expiration date to take an examination as a condition of

renewal.

(c) A person whose license has been expired for two years or

more may not renew the license. The person may obtain a new

license by complying with the requirements and procedures for

obtaining an original license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.353. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The board may renew without reexamination an

expired license of a person who was licensed in this state within

the three years preceding application for renewal and who is

currently licensed and has been in practice in another state for

the two years preceding the application date.

(b) The person must pay to the board a fee that is equal to the

amount of the license examination fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.354. MEDICAL HARDSHIP. The board may adopt rules

concerning the reinstatement of a license in a case of medical

hardship.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.355. CONTINUING EDUCATION. (a) The board shall

establish uniform mandatory continuing education requirements. A

license holder may not renew the person's license unless the

person meets the continuing education requirements.

(b) The board shall establish the requirements in a manner that

allows a license holder to comply without an extended absence

from the license holder's county of residence.

(c) The board shall:

(1) provide to a license applicant, with the application form on

which the person is to apply for a license, information

describing the continuing education requirements; and

(2) notify each license holder of any change in the continuing

education requirements at least one year before the date the

change takes effect.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER I. PRACTICE BY LICENSE HOLDER

Sec. 401.401. AUDIOMETRIC TESTING. (a) 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.

(b) A dBa equivalent level may be used to determine compliance.

(c) The board shall adopt rules necessary to enforce this

section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.402. PRACTICE BY SPEECH-LANGUAGE PATHOLOGISTS. (a) A

speech-language pathologist may perform basic audiometric

screening tests and aural habilitation or rehabilitation.

(b) A person licensed as a speech-language pathologist under

this chapter may not fit, dispense, or sell hearing instruments

unless the person meets the specific requirements for fitting and

dispensing hearing instruments under this chapter or Chapter 402.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.403. PRACTICE BY AUDIOLOGISTS. (a) An audiologist

may:

(1) engage in any act necessary to:

(A) evaluate hearing;

(B) train in the use of amplification, including hearing

instruments;

(C) make earmolds for hearing instruments;

(D) fit, dispense, and sell hearing instruments; or

(E) manage cerumen;

(2) participate in consultation regarding noise control and

hearing conservation;

(3) provide evaluations of environment or equipment, including

calibration of equipment used in testing auditory functioning and

hearing conservation; and

(4) perform basic speech and language screening tests and

procedures consistent with the audiologist's training.

(b) A person who meets the requirements of this chapter for

licensing as an audiologist or audiologist intern and who fits

and dispenses hearing instruments must:

(1) register with the board the person's intention to fit and

dispense hearing instruments;

(2) comply with the profession's code of ethics;

(3) comply with the federal Food and Drug Administration

guidelines for fitting and dispensing hearing instruments;

(4) when providing services in this state, use a written

contract that contains the board's name, mailing address, and

telephone number; and

(5) follow the guidelines adopted by board rule for a 30-day

trial period on every hearing instrument purchased.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.404. HEARING INSTRUMENT SALES TO MINORS. A licensed

audiologist may not sell a hearing instrument to a person under

18 years of age unless the person or the parent or guardian of

the person presents to the audiologist a written statement signed

by a licensed physician who specializes in diseases of the ear

stating that:

(1) the person's hearing loss has been medically evaluated

during the six-month period preceding the date the statement is

presented; and

(2) the person may be considered a candidate for a hearing

instrument.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER J. LICENSE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 401.451. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY

ACTION. (a) After a hearing, the board may deny a license to an

applicant or may suspend or revoke a person's license or place on

probation a license holder if the applicant or license holder:

(1) violates this chapter or an order or rule of the board;

(2) obtains a license by means of fraud, misrepresentation, or

concealment of a material fact;

(3) sells, barters, or offers to sell or barter a license or

certificate of registration; or

(4) engages in unprofessional conduct that:

(A) endangers or is likely to endanger the health, welfare, or

safety of the public as defined by board rule; or

(B) violates the code of ethics adopted and published by the

board.

(b) Any person may commence a proceeding for revocation or

suspension of a license by filing written charges with the board

under oath.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.452. MONITORING OF LICENSE HOLDER. (a) The board by

rule shall develop a system for monitoring a license holder's

compliance with this chapter.

(b) Rules adopted under this section must include procedures to:

(1) monitor for compliance a license holder who is ordered by

the board to perform certain acts; and

(2) identify and monitor license holders who represent a risk to

the public.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.453. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR

CRIMINAL CONVICTION. (a) The board may deny a license or may

suspend or revoke a license if the applicant or license holder

has been convicted of a misdemeanor involving moral turpitude or

a felony. The board may take action authorized by this section

when:

(1) the time for appeal of the person's conviction has elapsed;

(2) the judgment or conviction has been affirmed on appeal; or

(3) an order granting probation is made suspending the

imposition of the person's sentence, without regard to whether a

subsequent order:

(A) allows a withdrawal of a plea of guilty;

(B) sets aside a verdict of guilty; or

(C) dismisses an information or indictment.

(b) A plea or verdict of guilty or a conviction following a plea

of nolo contendere is a conviction for purposes of this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.454. ADMINISTRATIVE PROCEDURE. (a) Except as provided

by this subchapter, a proceeding to deny a license application or

to take disciplinary action against a license holder is subject

to Chapter 2001, Government Code.

(b) A person whose application for a license is denied is

entitled to a hearing before the board if the person submits a

written request to the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.455. INFORMAL PROCEDURES. (a) The board by rule shall

adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) informal proceedings held in compliance with Section

2001.054, Government Code.

(b) Rules adopted under Subsection (a) must:

(1) provide the complainant, if applicable and permitted by law,

an opportunity to be heard;

(2) provide the license holder an opportunity to be heard; and

(3) require the presence of a legal representative of the

department who represents the board or the board's employees or a

representative of the attorney general to advise the board or the

board's employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.456. SCHEDULE OF SANCTIONS. The board shall use the

schedule of sanctions adopted by board rule for any sanction

imposed as the result of a hearing conducted by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.457. REINSTATEMENT. (a) A person may apply for

reinstatement of a revoked license on or after the first

anniversary of the date of revocation.

(b) The board may:

(1) accept or reject the application; and

(2) require an examination as a condition for reinstatement of

the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.458. PROBATION. The board may require a license holder

whose license suspension is probated to:

(1) report regularly to the board on matters that are the basis

of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review continuing professional education until

the license holder attains a degree of skill satisfactory to the

board in those areas that are the basis of the probation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.459. REPRIMAND; CONTINUING EDUCATION. (a) In addition

to other disciplinary action authorized by this subchapter, the

board may:

(1) issue a written reprimand to a license holder who violates

this chapter; or

(2) require that a license holder who violates this chapter

attend continuing education programs.

(b) The board may specify the number of hours of continuing

education that must be completed by a license holder to fulfill

the requirement of Subsection (a)(2).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.460. EMERGENCY SUSPENSION. (a) The board or a

three-member committee of board members designated by the board

shall temporarily suspend the license of a license holder if the

board or committee determines from the evidence or information

presented to it that continued practice by the license holder

would constitute a continuing and imminent threat to the public

welfare.

(b) A license may be suspended under this section without notice

or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

(c) The State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare still exists. A final hearing on the matter shall be held

not later than the 61st day after the date of the temporary

suspension.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 4, eff. Sept. 1,

2003.

SUBCHAPTER K. PENALTIES AND OTHER ENFORCEMENT PROVISIONS

Sec. 401.501. DECEPTIVE TRADE PRACTICE. A violation of Section

401.301 is a deceptive trade practice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.502. INJUNCTION. The board may apply to a district

court in any county for an injunction or another order to

restrain the violation of this chapter by a person other than a

license holder under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.503. CRIMINAL OFFENSE. (a) A person commits an

offense if the person violates this chapter.

(b) An offense under this section is a misdemeanor punishable

by:

(1) confinement in the county jail for a period not to exceed

six months;

(2) a fine not to exceed $1,000; or

(3) both the confinement and the fine.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER L. ADMINISTRATIVE PENALTY

Sec. 401.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The board

may impose an administrative penalty on a person licensed under

this chapter who violates this chapter or a rule or order adopted

under this chapter.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount

of the administrative penalty may not be less than $50 or more

than $5,000 for each violation. Each day a violation continues or

occurs is a separate violation for the purpose of imposing a

penalty.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the commissioner of public health or the commissioner's

designee determines that a violation occurred, the commissioner

or the designee may issue to the board a report stating:

(1) the facts on which the determination is based; and

(2) the commissioner's or the designee's recommendation on the

imposition of an administrative penalty, including a

recommendation on the amount of the penalty.

(b) Within 14 days after the date the report is issued, the

commissioner of public health or the commissioner's designee

shall give written notice of the report to the person. The notice

must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended administrative penalty;

and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 10 days after the date the person receives the notice, the

person in writing may:

(1) accept the determination and recommended administrative

penalty of the commissioner of public health or the

commissioner's designee; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty of the commissioner of public health or the

commissioner's designee, the board by order shall approve the

determination and impose the recommended penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.555. HEARING. (a) If the person requests a hearing or

fails to respond in a timely manner to the notice, the

commissioner of public health or the commissioner's designee

shall set a hearing and give written notice of the hearing to the

person.

(b) An administrative law judge of the State Office of

Administrative Hearings shall hold the hearing.

(c) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the board a proposal for

a decision about the occurrence of the violation and the amount

of a proposed administrative penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.556. DECISION BY BOARD. (a) Based on the findings of

fact, conclusions of law, and proposal for decision, the board by

order may determine that:

(1) a violation occurred and impose an administrative penalty;

or

(2) a violation did not occur.

(b) The notice of the board's order given to the person must

include a statement of the right of the person to judicial review

of the order.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Within 30 days after the date the board's order becomes final,

the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the

occurrence of the violation, the amount of the penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a

person who files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the board's order

is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the commissioner of public

health or the commissioner's designee by certified mail.

(c) If the commissioner of public health or the commissioner's

designee receives a copy of an affidavit under Subsection (b)(2),

the commissioner or the designee may file with the court, within

five days after the date the copy is received, a contest to the

affidavit.

(d) The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay the enforcement

of the penalty on finding that the alleged facts are true. The

person who files an affidavit has the burden of proving that the

person is financially unable to pay the penalty and to give a

supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.558. COLLECTION OF PENALTY. (a) If the person does

not pay the administrative penalty and the enforcement of the

penalty is not stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.559. DETERMINATION BY COURT. (a) If the court

sustains the determination that a violation occurred, the court

may uphold or reduce the amount of the administrative penalty and

order the person to pay the full or reduced amount of the

penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.560. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the administrative penalty and if the amount of the

penalty is reduced or the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, that

the appropriate amount plus accrued interest be remitted to the

person.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

(c) The interest shall be paid for the period beginning on the

date the penalty is paid and ending on the date the penalty is

remitted.

(d) If the person gave a supersedeas bond and the penalty is not

upheld by the court, the court shall order, when the court's

judgment becomes final, the release of the bond.

(e) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.561. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter is a contested case under Chapter 2001, Government

Code.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-401-speech-language-pathologists-and-audiologists

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE G. PROFESSIONS RELATED TO HEARING, SPEECH, AND DYSLEXIA

CHAPTER 401. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 401.001. DEFINITIONS. In this chapter:

(1) "Audiologist" means a person who meets the qualifications of

this chapter to practice audiology.

(2) "Audiology" means the application of nonmedical principles,

methods, and procedures for measurement, testing, appraisal,

prediction, consultation, counseling, habilitation,

rehabilitation, or instruction related to disorders of the

auditory or vestibular systems for the purpose of providing or

offering to provide services modifying communicative disorders

involving speech, language, or auditory or vestibular function or

other aberrant behavior relating to hearing loss.

(3) "Board" means the State Board of Examiners for

Speech-Language Pathology and Audiology.

(4) "Department" means the Texas Department of Health.

(5) "Speech-language pathologist" means a person who meets the

qualifications of this chapter to practice speech-language

pathology.

(6) "Speech-language pathology" means the application of

nonmedical principles, methods, and procedures for 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 evaluating, preventing, or modifying or offering to evaluate,

prevent, or modify those disorders and conditions in an

individual or a group.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of

Examiners for Speech-Language Pathology and Audiology is subject

to Chapter 325, Government Code (Texas Sunset Act). Unless

continued in existence as provided by that chapter, the board is

abolished and this chapter expires September 1, 2011.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.04, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

928, Sec. 4.03, eff. June 15, 2007.

Acts 2009, 81st Leg., 1st C.S., Ch.

2, Sec. 1.09, eff. July 10, 2009.

SUBCHAPTER B. APPLICATION OF CHAPTER

Sec. 401.051. PHYSICIANS. (a) This chapter does not prevent or

restrict a physician from engaging in the practice of medicine in

this state.

(b) This chapter does not restrict a licensed physician from

personally conducting a speech or hearing test or evaluation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.052. NURSES. This chapter does not prevent or restrict

a communication, speech, language, or hearing screening, as

defined by board rule, from being conducted by a registered

nurse:

(1) licensed in this state; and

(2) practicing in accordance with the standards of professional

conduct and ethics established by rules adopted by the Texas

Board of Nursing.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 46, eff. September 1, 2007.

Sec. 401.053. PERSONS TRAINED BY DEPARTMENT. (a) This chapter

does not apply to a person who shows evidence of having received

training by the department in a communication, speech, language,

or hearing screening training program approved by the department

if the person's activity is limited to screening as defined by

board rule.

(b) A person who has received training by the department in a

program under Subsection (a) may not:

(1) practice speech-language pathology or audiology; or

(2) represent that the person is a speech-language pathologist

or audiologist.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.054. PERSONS CERTIFIED BY TEXAS EDUCATION AGENCY. (a)

This chapter does not prevent or restrict the activities and

services or the use of an official title by a person who is

certified in speech-language pathology by the Texas Education

Agency if the person only performs speech-language pathology or

audiology services as part of the person's duties within an

agency, institution, or organization under the jurisdiction of

the Texas Education Agency.

(b) The Texas Education Agency certificate in speech-language

pathology must require an applicant to:

(1) hold a master's degree in communicative disorders or the

equivalent from a university program accredited by the American

Speech-Language-Hearing Association; and

(2) pass a national examination in speech-language pathology or

audiology approved by the board.

(c) A person affected by this section who performs work as a

speech-language pathologist or audiologist in addition to

performing the person's duties within an agency, institution, or

organization under the jurisdiction of the Texas Education Agency

is required to hold a license issued by the board unless that

work is limited to speech and hearing screening procedures

performed without compensation.

(d) For the purposes of Subsection (b)(1), an applicant's

educational credentials are equivalent to a master's degree in

communicative disorders if the credentials:

(1) consist of graduate-level course work and practicum from a

program accredited by the American Speech-Language-Hearing

Association; and

(2) meet requirements that are the same as those established by

the board for a license in speech-language pathology or

audiology.

(e) The clinical fellowship year experience or internship may

not be a requirement for the Texas Education Agency certificate

in speech-language pathology.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.055. UNIVERSITY OR COLLEGE TEACHERS. This chapter does

not restrict the use of an official title by a person teaching in

a university or college training program, if the person:

(1) is not engaged in the practice of speech-language pathology

or audiology; and

(2) does not supervise a person engaged in the practice of

speech-language pathology or audiology.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.056. STUDENTS. This chapter does not restrict the

activities and services of a student pursuing a course of study

leading to a degree in speech-language pathology or audiology at

a college or university accredited by the Southern Association of

Colleges and Universities or its equivalent if:

(1) the activities and services are part of the student's

supervised course of study;

(2) the student is supervised by a person licensed under this

chapter; and

(3) the student is designated as a "Speech-Language Pathology

Trainee," an "Audiology Trainee," or by another title that

clearly indicates the student's professional preparation status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter does

not prevent a person in an industrial setting from engaging in

hearing testing as a part of a hearing conservation program in

compliance with federal Occupational Safety and Health

Administration regulations if the person is certified by an

agency acceptable to the Occupational Safety and Health

Administration.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.058. APPLICATION TO HEARING INSTRUMENT FITTERS AND

DISPENSERS. (a) This chapter does not prevent or restrict a

person licensed under Chapter 402 from engaging in the practice

of fitting and dispensing hearing instruments.

(b) This chapter does not prohibit a fitter and dispenser of

hearing instruments licensed under Chapter 402 from measuring

human hearing by any means, including an audiometer, to make a

selection, adaptation, or sale of a hearing instrument,

including:

(1) making impressions for earmolds to be used as part of a

hearing instrument; and

(2) providing post-fitting counseling to fit and dispense

hearing instruments.

(c) A person who is not an audiologist who is licensed to fit

and dispense hearing instruments under Chapter 402 may not:

(1) practice speech-language pathology or audiology; or

(2) represent that the person is a speech-language pathologist

or audiologist by the use of any term restricted by this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.059. APPLICATION TO OTHER LICENSED PROFESSIONALS. This

chapter does not prevent a person licensed in this state under

another law from engaging in the profession for which the person

is licensed.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.060. MEDICAL PRACTICE. This chapter does not permit a

person to perform an act that violates Subtitle B.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE

PATHOLOGY AND AUDIOLOGY

Sec. 401.101. BOARD WITHIN HEALTH DEPARTMENT. The State Board

of Examiners for Speech-Language Pathology and Audiology is

within the Texas Department of Health.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.102. BOARD MEMBERSHIP. (a) The board consists of nine

members appointed by the governor as follows:

(1) three audiologist members;

(2) three speech-language pathologist members; and

(3) three members who represent the public.

(b) Board members must:

(1) have been a resident of this state for the two years

preceding the date of appointment;

(2) be from the various geographic regions of the state; and

(3) be from varying employment settings.

(c) The board members appointed under Subsections (a)(1) and (2)

must:

(1) have been engaged in teaching, research, or providing

services in speech-language pathology or audiology for at least

five years; and

(2) be licensed under this chapter.

(d) One of the public board members must be a physician licensed

in this state and certified in otolaryngology or pediatrics.

(e) Appointments to the board shall be made without regard to

the race, creed, sex, religion, or national origin of the

appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. The two public

members of the board who are not physicians may not:

(1) be licensed by an occupational regulatory agency in the

field of health care;

(2) be employed by and participating in the management of an

agency or business entity that provides health care services or

that sells, manufactures, or distributes health care supplies or

equipment;

(3) own, control, or have a direct or indirect interest of more

than 10 percent in a business entity that provides health care

services or that sells, manufactures, or distributes health care

supplies or equipment; or

(4) be an officer, employee, or paid consultant of a trade

association in the field of health care.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.104. MEMBERSHIP RESTRICTIONS. (a) A board member may

not be related within the second degree by consanguinity or

affinity, as determined under Subchapter B, Chapter 573,

Government Code, to an officer, employee, or paid consultant of a

trade association in the field of health care.

(b) A person may not serve as a member of the board or act as

the general counsel to the board if the person is required to

register as a lobbyist under Chapter 305, Government Code,

because of the person's activities in a health-related area.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.105. TERMS. (a) Members are appointed for staggered

six-year terms. The terms of three members expire September 1 of

each odd-numbered year.

(b) A person may not be appointed to serve more than two

consecutive terms.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.106. COMPENSATION; PER DIEM. (a) A board member may

not receive compensation for the member's services.

(b) A member is entitled to a per diem and travel allowance for

each day the member engages in board business at the rate set for

state employees in the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.107. BOARD OFFICERS. (a) The board shall organize

itself annually and select a presiding officer, assistant

presiding officer, and secretary-treasurer.

(b) The presiding officer must hold a license under this

chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.108. MEETINGS. (a) The board shall hold at least two

regular meetings each year.

(b) Additional meetings may be held at the call of the presiding

officer or on the written request of any three members of the

board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. BOARD PERSONNEL

Sec. 401.151. EMPLOYEES. The department shall provide

administrative and clerical employees necessary to administer

this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.152. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly define the respective

responsibilities of the board and the staff of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER E. BOARD AND DEPARTMENT POWERS AND DUTIES

Sec. 401.201. GENERAL POWERS AND DUTIES. (a) With the

assistance of the department, the board shall:

(1) administer, coordinate, and enforce this chapter;

(2) evaluate the qualifications of license applicants;

(3) provide for the examination of license applicants;

(4) in connection with a hearing under Section 401.454, issue

subpoenas, examine witnesses, and administer oaths under the laws

of this state;

(5) conduct hearings and keep records and minutes necessary to

the orderly administration of this chapter; and

(6) investigate persons engaging in practices that violate this

chapter.

(b) The board may appoint subcommittees to work under its

jurisdiction.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.171(a), eff.

Sept. 1, 2001.

Sec. 401.202. RULEMAKING AUTHORITY. The board shall adopt rules

necessary to administer and enforce this chapter, including rules

that establish standards of ethical practice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.203. BOARD DUTIES REGARDING COMPLAINTS. (a) The board

by rule shall adopt a form to standardize information concerning

complaints made to the board.

(b) The board by rule shall prescribe information to be provided

to a person when the person files a complaint with the board.

(c) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.204. FEES. (a) The board by rule shall establish fees

in amounts reasonable and necessary so that the fees in the

aggregate are sufficient to cover the costs of administering this

chapter.

(b) All expenses for the administration of this chapter shall be

paid from fees collected by the board under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.205. SEAL. The board shall adopt a seal to

authenticate its proceedings.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.206. LEGAL REPRESENTATION. The board shall be

represented by the attorney general and the district and county

attorneys of this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.207. TRAINING. Each board member shall comply with the

board member training requirements established by any other state

agency authorized to establish the requirements for the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. PUBLIC ACCESS AND INFORMATION

Sec. 401.251. COMPLAINTS. The board shall list with its regular

telephone number any toll-free telephone number established under

other state law that may be called to present a complaint about a

health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.252. RECORDS OF COMPLAINTS. (a) The board shall keep

an information file about each complaint filed with the board.

The file must be current and contain a record for each complaint

of:

(1) each person contacted in relation to the complaint;

(2) a summary of findings made at each step of the complaint

process;

(3) for a complaint that is dismissed, an explanation of the

legal basis and reason for dismissal;

(4) the schedule established for the complaint under Section

401.253(b)(2) and a notation of any change in the schedule; and

(5) other relevant information.

(b) If a written complaint is filed with the board that the

board has authority to resolve, the board, at least quarterly and

until final disposition of the complaint, shall notify the

parties to the complaint of the status of the complaint unless

the notice would jeopardize an undercover investigation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.253. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The board shall adopt rules concerning the

investigation of a complaint filed with the board. The rules

must:

(1) distinguish among categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator.

(b) The board shall:

(1) dispose of each complaint in a timely manner; and

(2) establish a schedule for conducting each phase of a

complaint investigation that is under the control of the board

not later than the 30th day after the date the complaint is

received by the board.

(c) Each party to a complaint shall be notified of the projected

time requirements for pursuing the complaint.

(d) Each party to the complaint shall be notified of any change

in the schedule established under Subsection (b)(2) not later

than the seventh day after the date the change is made.

(e) The director of the board shall notify the board of a

complaint that is not resolved within the time prescribed by the

board for resolving the complaint so that the board may take

necessary action on the complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.2535. COMPLAINT INVESTIGATION; SUBPOENA. (a) In an

investigation of a complaint filed with the board, the board may

request that the commissioner of public health or the

commissioner's designee approve the issuance of a subpoena. If

the request is approved, the board may issue a subpoena to compel

the attendance of a relevant witness or the production, for

inspection or copying, of relevant evidence that is in this

state.

(b) A subpoena may be served personally or by certified mail.

(c) If a person fails to comply with a subpoena, the board,

acting through the attorney general, may file suit to enforce the

subpoena in a district court in Travis County or in the county in

which a hearing conducted by the board may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The board may delegate the authority granted under

Subsection (a) to the secretary-treasurer of the board.

(f) The board shall pay a reasonable fee for photocopies

subpoenaed under this section in an amount not to exceed the

amount the board may charge for copies of its records.

(g) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(h) All information and materials subpoenaed or compiled by the

board in connection with a complaint and investigation are

confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the board or its employees or agents involved

in discipline of the holder of a license, except that this

information may be disclosed to:

(1) persons involved with the board in a disciplinary action

against the holder of a license;

(2) professional speech-language pathologist and audiologist

licensing or disciplinary boards in other jurisdictions;

(3) peer assistance programs approved by the board under Chapter

467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder

of a license, the nature of those charges, disciplinary

proceedings of the board, and final disciplinary actions,

including warnings and reprimands, by the board are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.172(a), eff.

Sept. 1, 2001.

Sec. 401.254. PUBLIC PARTICIPATION. (a) The board shall

develop and implement policies that provide the public with a

reasonable opportunity to appear before the board and to speak on

any issue under the board's jurisdiction.

(b) The board shall prepare and maintain a written plan that

describes how a person who does not speak English may be provided

reasonable access to the board's programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. LICENSE REQUIREMENTS

Sec. 401.301. LICENSE REQUIRED. A person may not practice

speech-language pathology or audiology or represent that the

person is a speech-language pathologist or audiologist in this

state unless the person holds a license under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.302. ISSUANCE OF LICENSE. (a) The board shall issue a

license to an applicant who meets the requirements of this

chapter and who pays to the board the initial nonrefundable

license fee.

(b) The board may issue to an applicant a license in either

speech-language pathology or audiology.

(c) The board may issue a license in both speech-language

pathology and audiology to an applicant.

(d) The board by rule shall establish qualifications for dual

licensing in speech-language pathology and audiology and may

develop a full range of licensing options and establish rules for

qualifications.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.303. LICENSE APPLICATION. (a) A person who desires a

license under this chapter must apply to the board on a form and

in the manner the board prescribes.

(b) The application must be accompanied by a nonrefundable

application fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.304. APPLICANT ELIGIBILITY. (a) To be eligible for

licensing as a speech-language pathologist or audiologist, an

applicant must:

(1) possess at least a master's degree with a major in at least

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) submit a transcript from a public or private institution of

higher learning showing successful completion of course work in

amounts set by the board in:

(A) normal development and use of speech, language, and hearing;

(B) evaluation, habilitation, and rehabilitation of speech,

language, and hearing disorders; and

(C) related fields that augment the work of clinical

practitioners of speech-language pathology and audiology;

(3) have successfully completed at least 36 semester hours in

courses that are acceptable toward a graduate degree by the

college or university in which the courses are taken, at least 24

of which must be in the professional area for which the license

is requested and at least six of which must be:

(A) in audiology if the application is for a speech-language

pathology license; or

(B) in speech-language pathology if the application is for an

audiology license;

(4) have completed the minimum number of hours, established by

the board, of supervised clinical experience with persons who

present a variety of communication disorders; and

(5) have completed the full-time supervised professional

experience, as defined by board rule, in which clinical work has

been accomplished in the major professional area for which the

license is being sought.

(b) Clinical experience required under Subsection (a)(4) must be

obtained:

(1) in the applicant's educational institution or in one of the

institution's cooperating programs; and

(2) under the supervision of a person holding a license to

practice speech-language pathology or audiology.

(c) Supervised professional experience under Subsection (a)(5)

must:

(1) be under the supervision of a qualified person acceptable to

the board under guidelines approved by the board; and

(2) begin after completion of the academic and clinical

experience required by this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.305. EXAMINATION. (a) To obtain a license, an

applicant must:

(1) pass a validated examination approved by the board; and

(2) pay fees in a manner prescribed by the board.

(b) The board shall:

(1) administer an examination at least twice each year;

(2) determine standards for acceptable performance on the

examination; and

(3) maintain a record of all examination scores for at least two

years after the date of examination.

(c) The board by rule may:

(1) establish procedures for the administration of the

examination; and

(2) require a written or oral examination, or both.

(d) The board may examine an applicant in any theoretical or

applied field of speech-language pathology or audiology it

considers appropriate. The board may examine an applicant on

professional skills and judgment in the use of speech-language

pathology or audiology techniques or methods.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.306. EXAMINATION RESULTS. (a) The board shall notify

each examinee of the results of the examination not later than

the 30th day after the date the examination is administered. If

an examination is graded or reviewed by a national or state

testing service that does not directly notify examinees of the

examination results, the board shall notify each examinee of the

results not later than the 14th day after the date the board

receives the results from the testing service.

(b) If the notice of examination results graded or reviewed by a

national or state testing service will be delayed for longer than

90 days after the examination date, the board shall notify the

examinee of the reason for the delay before the 90th day.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.307. REEXAMINATION. (a) A person who fails the

examination may take a subsequent examination on payment of a

nonrefundable fee for the subsequent examination.

(b) An applicant who fails two examinations may not be

reexamined until the person:

(1) submits a new application accompanied by a nonrefundable

application fee; and

(2) presents evidence acceptable to the board of additional

study in the area for which a license is sought.

(c) To request an analysis of the person's performance on the

examination, a person who fails a licensing examination

administered under this chapter must contact the testing service

that administered the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL

COMPETENCE WAIVER. (a) The board may grant a provisional

license to an applicant who:

(1) is licensed in good standing as a speech-language

pathologist or an audiologist in another state that has licensing

requirements that are substantially equivalent to the

requirements of this chapter;

(2) has passed a national or other examination recognized by the

board relating to speech-language pathology or audiology; and

(3) is sponsored by a license holder with whom the provisional

license holder may practice under this section.

(b) An applicant for a provisional license may be excused from

the requirement of Subsection (a)(3) if the board determines that

compliance with that requirement is a hardship to the applicant.

(c) 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 license under this chapter to a

provisional license holder:

(1) who passes the examination required by Section 401.305;

(2) for whom the board verifies satisfaction of the academic and

experience requirements for a license under this chapter; and

(3) who satisfies any other license requirements under this

chapter.

(e) The board shall 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.

(f) The board may waive the examination requirement and issue a

license to an applicant who holds the Certificate of Clinical

Competence of the American Speech-Language-Hearing Association.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.309. TEMPORARY LICENSE. The board by rule may provide

for the issuance of a temporary license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.310. TEMPORARY CERTIFICATE OF REGISTRATION. (a) The

board shall issue a temporary certificate of registration to an

applicant who:

(1) satisfies the requirements of Section 401.304;

(2) has not previously applied to take the examination; and

(3) pays the nonrefundable application fee.

(b) A holder of a temporary certificate of registration may

practice speech-language pathology or audiology for a period

ending eight weeks after the date the examination concludes.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.311. INTERN LICENSE. (a) A license applicant who has

completed only the requirements of Sections 401.304(a)(1)-(4) may

be licensed as an intern under this chapter.

(b) An applicant who has successfully completed the academic and

clinical requirements of Sections 401.304(a)(1)-(4) but who has

not had the degree officially conferred on the applicant may be

licensed as an intern under this chapter.

(c) The board by rule shall:

(1) prescribe the terms governing a person's practice as an

intern under this section; and

(2) establish general guidelines and renewal procedures for the

holder of an intern license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.312. LICENSED ASSISTANTS. (a) The board may establish

minimum qualifications for licensed assistants in speech-language

pathology and in audiology.

(b) A licensed assistant in speech-language pathology or in

audiology must meet the minimum qualifications established by the

board.

(c) A licensed assistant in speech-language pathology shall work

under the direction of a licensed speech-language pathologist.

(d) The qualifications for licensing as a licensed assistant in

speech-language pathology must be uniform and be less stringent

than the requirements under this chapter for a speech-language

pathologist license.

(e) A licensed assistant in audiology shall work under the

direction of a licensed audiologist.

(f) The qualifications for licensing as a licensed assistant in

audiology must be uniform and be less stringent than the

requirements under this chapter for an audiologist license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.313. INACTIVE STATUS. (a) The board by rule may

provide for a license holder to be placed on inactive status.

(b) Rules adopted under this section must include a time limit

for a license holder to remain on inactive status.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.314. LIMITED LICENSE TO PRACTICE IN PUBLIC SCHOOLS.

(a) The board shall waive the licensing requirements under this

chapter and issue a limited license to practice in the public

schools as a fully licensed speech-language pathologist to an

applicant who:

(1) was eligible for a waiver of licensing requirements under

Section 13(a), Chapter 381, Acts of the 68th Legislature, Regular

Session, 1983, as amended by Chapter 448, Acts of the 69th

Legislature, Regular Session, 1985;

(2) for the two years preceding January 1, 1996, was employed by

a school district as a speech-language therapist;

(3) submits with the person's application a written statement by

the superintendent of the school district employing the person,

certifying that the district has not been able to employ as a

speech-language pathologist a person who meets the licensing

requirements imposed under this chapter;

(4) holds a baccalaureate degree in communication disorders

(speech-language) from an accredited institution of higher

education and is certified by the Texas Education Agency in

speech and hearing therapy or, in the judgment of the board,

satisfies equivalent requirements; and

(5) successfully completes the examination required under

Section 401.305.

(b) The board shall waive the licensing requirements imposed

under this chapter and issue a limited license to practice in the

public schools as a fully licensed speech-language pathologist to

a person who:

(1) meets the requirements of Subsections (a)(2)-(5); and

(2) is enrolled in a program of study toward a master's degree

with a major in at least one of the areas of communicative

sciences or disorders from a program accredited by the American

Speech-Language-Hearing Association in a regionally accredited

college or university.

(c) Beginning September 1, 1998, and biennially after that date,

a person licensed under Subsection (b) must demonstrate in a

manner prescribed by the board that the person has successfully

completed in the preceding two-year period at least 12 hours of

course work toward completing a master's degree described by

Subsection (b)(2).

(d) A person who holds a limited license issued under this

section may apply for a full license as provided by this chapter.

(e) An applicant for a limited license must have:

(1) applied not later than September 1, 1996; and

(2) provided proof satisfactory to the board that the person

satisfies the requirements of this section.

(f) A person must complete the requirements for a license under

this section not later than January 1, 2003.

(g) This section expires on the effective date of any federal

requirement that a speech-language pathologist hold a master's

degree as a condition for receipt of federal funding by the

entity employing the person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER H. LICENSE EXPIRATION AND RENEWAL

Sec. 401.351. EXPIRATION. (a) The board by rule may adopt a

system under which licenses expire on various dates during the

year.

(b) For the year in which the license expiration date is

changed, license fees payable on the original expiration date

shall be prorated on a monthly basis so that each license holder

pays only the portion of the license fee that is allocable to the

number of months during which the license is valid. On renewal of

the license on the new expiration date, the total license renewal

fee is payable.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.352. LICENSE RENEWAL. (a) Each licensed

speech-language pathologist or audiologist must annually pay the

nonrefundable fee for license renewal. The board shall allow a

60-day grace period. After expiration of the grace period, the

board may renew a license on payment of a penalty set by board

rule.

(b) An application for a license filed not later than the second

anniversary of the license expiration date is considered an

application for renewal. The board may not require a person who

applies for renewal on or before the second anniversary of the

license expiration date to take an examination as a condition of

renewal.

(c) A person whose license has been expired for two years or

more may not renew the license. The person may obtain a new

license by complying with the requirements and procedures for

obtaining an original license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.353. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The board may renew without reexamination an

expired license of a person who was licensed in this state within

the three years preceding application for renewal and who is

currently licensed and has been in practice in another state for

the two years preceding the application date.

(b) The person must pay to the board a fee that is equal to the

amount of the license examination fee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.354. MEDICAL HARDSHIP. The board may adopt rules

concerning the reinstatement of a license in a case of medical

hardship.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.355. CONTINUING EDUCATION. (a) The board shall

establish uniform mandatory continuing education requirements. A

license holder may not renew the person's license unless the

person meets the continuing education requirements.

(b) The board shall establish the requirements in a manner that

allows a license holder to comply without an extended absence

from the license holder's county of residence.

(c) The board shall:

(1) provide to a license applicant, with the application form on

which the person is to apply for a license, information

describing the continuing education requirements; and

(2) notify each license holder of any change in the continuing

education requirements at least one year before the date the

change takes effect.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER I. PRACTICE BY LICENSE HOLDER

Sec. 401.401. AUDIOMETRIC TESTING. (a) 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.

(b) A dBa equivalent level may be used to determine compliance.

(c) The board shall adopt rules necessary to enforce this

section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.402. PRACTICE BY SPEECH-LANGUAGE PATHOLOGISTS. (a) A

speech-language pathologist may perform basic audiometric

screening tests and aural habilitation or rehabilitation.

(b) A person licensed as a speech-language pathologist under

this chapter may not fit, dispense, or sell hearing instruments

unless the person meets the specific requirements for fitting and

dispensing hearing instruments under this chapter or Chapter 402.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.403. PRACTICE BY AUDIOLOGISTS. (a) An audiologist

may:

(1) engage in any act necessary to:

(A) evaluate hearing;

(B) train in the use of amplification, including hearing

instruments;

(C) make earmolds for hearing instruments;

(D) fit, dispense, and sell hearing instruments; or

(E) manage cerumen;

(2) participate in consultation regarding noise control and

hearing conservation;

(3) provide evaluations of environment or equipment, including

calibration of equipment used in testing auditory functioning and

hearing conservation; and

(4) perform basic speech and language screening tests and

procedures consistent with the audiologist's training.

(b) A person who meets the requirements of this chapter for

licensing as an audiologist or audiologist intern and who fits

and dispenses hearing instruments must:

(1) register with the board the person's intention to fit and

dispense hearing instruments;

(2) comply with the profession's code of ethics;

(3) comply with the federal Food and Drug Administration

guidelines for fitting and dispensing hearing instruments;

(4) when providing services in this state, use a written

contract that contains the board's name, mailing address, and

telephone number; and

(5) follow the guidelines adopted by board rule for a 30-day

trial period on every hearing instrument purchased.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.404. HEARING INSTRUMENT SALES TO MINORS. A licensed

audiologist may not sell a hearing instrument to a person under

18 years of age unless the person or the parent or guardian of

the person presents to the audiologist a written statement signed

by a licensed physician who specializes in diseases of the ear

stating that:

(1) the person's hearing loss has been medically evaluated

during the six-month period preceding the date the statement is

presented; and

(2) the person may be considered a candidate for a hearing

instrument.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER J. LICENSE DENIAL AND DISCIPLINARY PROCEDURES

Sec. 401.451. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY

ACTION. (a) After a hearing, the board may deny a license to an

applicant or may suspend or revoke a person's license or place on

probation a license holder if the applicant or license holder:

(1) violates this chapter or an order or rule of the board;

(2) obtains a license by means of fraud, misrepresentation, or

concealment of a material fact;

(3) sells, barters, or offers to sell or barter a license or

certificate of registration; or

(4) engages in unprofessional conduct that:

(A) endangers or is likely to endanger the health, welfare, or

safety of the public as defined by board rule; or

(B) violates the code of ethics adopted and published by the

board.

(b) Any person may commence a proceeding for revocation or

suspension of a license by filing written charges with the board

under oath.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.452. MONITORING OF LICENSE HOLDER. (a) The board by

rule shall develop a system for monitoring a license holder's

compliance with this chapter.

(b) Rules adopted under this section must include procedures to:

(1) monitor for compliance a license holder who is ordered by

the board to perform certain acts; and

(2) identify and monitor license holders who represent a risk to

the public.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.453. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR

CRIMINAL CONVICTION. (a) The board may deny a license or may

suspend or revoke a license if the applicant or license holder

has been convicted of a misdemeanor involving moral turpitude or

a felony. The board may take action authorized by this section

when:

(1) the time for appeal of the person's conviction has elapsed;

(2) the judgment or conviction has been affirmed on appeal; or

(3) an order granting probation is made suspending the

imposition of the person's sentence, without regard to whether a

subsequent order:

(A) allows a withdrawal of a plea of guilty;

(B) sets aside a verdict of guilty; or

(C) dismisses an information or indictment.

(b) A plea or verdict of guilty or a conviction following a plea

of nolo contendere is a conviction for purposes of this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.454. ADMINISTRATIVE PROCEDURE. (a) Except as provided

by this subchapter, a proceeding to deny a license application or

to take disciplinary action against a license holder is subject

to Chapter 2001, Government Code.

(b) A person whose application for a license is denied is

entitled to a hearing before the board if the person submits a

written request to the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.455. INFORMAL PROCEDURES. (a) The board by rule shall

adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) informal proceedings held in compliance with Section

2001.054, Government Code.

(b) Rules adopted under Subsection (a) must:

(1) provide the complainant, if applicable and permitted by law,

an opportunity to be heard;

(2) provide the license holder an opportunity to be heard; and

(3) require the presence of a legal representative of the

department who represents the board or the board's employees or a

representative of the attorney general to advise the board or the

board's employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.456. SCHEDULE OF SANCTIONS. The board shall use the

schedule of sanctions adopted by board rule for any sanction

imposed as the result of a hearing conducted by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.457. REINSTATEMENT. (a) A person may apply for

reinstatement of a revoked license on or after the first

anniversary of the date of revocation.

(b) The board may:

(1) accept or reject the application; and

(2) require an examination as a condition for reinstatement of

the license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.458. PROBATION. The board may require a license holder

whose license suspension is probated to:

(1) report regularly to the board on matters that are the basis

of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review continuing professional education until

the license holder attains a degree of skill satisfactory to the

board in those areas that are the basis of the probation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.459. REPRIMAND; CONTINUING EDUCATION. (a) In addition

to other disciplinary action authorized by this subchapter, the

board may:

(1) issue a written reprimand to a license holder who violates

this chapter; or

(2) require that a license holder who violates this chapter

attend continuing education programs.

(b) The board may specify the number of hours of continuing

education that must be completed by a license holder to fulfill

the requirement of Subsection (a)(2).

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.460. EMERGENCY SUSPENSION. (a) The board or a

three-member committee of board members designated by the board

shall temporarily suspend the license of a license holder if the

board or committee determines from the evidence or information

presented to it that continued practice by the license holder

would constitute a continuing and imminent threat to the public

welfare.

(b) A license may be suspended under this section without notice

or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

(c) The State Office of Administrative Hearings shall hold a

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare still exists. A final hearing on the matter shall be held

not later than the 61st day after the date of the temporary

suspension.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 4, eff. Sept. 1,

2003.

SUBCHAPTER K. PENALTIES AND OTHER ENFORCEMENT PROVISIONS

Sec. 401.501. DECEPTIVE TRADE PRACTICE. A violation of Section

401.301 is a deceptive trade practice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.502. INJUNCTION. The board may apply to a district

court in any county for an injunction or another order to

restrain the violation of this chapter by a person other than a

license holder under this chapter.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 401.503. CRIMINAL OFFENSE. (a) A person commits an

offense if the person violates this chapter.

(b) An offense under this section is a misdemeanor punishable

by:

(1) confinement in the county jail for a period not to exceed

six months;

(2) a fine not to exceed $1,000; or

(3) both the confinement and the fine.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER L. ADMINISTRATIVE PENALTY

Sec. 401.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The board

may impose an administrative penalty on a person licensed under

this chapter who violates this chapter or a rule or order adopted

under this chapter.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount

of the administrative penalty may not be less than $50 or more

than $5,000 for each violation. Each day a violation continues or

occurs is a separate violation for the purpose of imposing a

penalty.

(b) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the commissioner of public health or the commissioner's

designee determines that a violation occurred, the commissioner

or the designee may issue to the board a report stating:

(1) the facts on which the determination is based; and

(2) the commissioner's or the designee's recommendation on the

imposition of an administrative penalty, including a

recommendation on the amount of the penalty.

(b) Within 14 days after the date the report is issued, the

commissioner of public health or the commissioner's designee

shall give written notice of the report to the person. The notice

must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended administrative penalty;

and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 10 days after the date the person receives the notice, the

person in writing may:

(1) accept the determination and recommended administrative

penalty of the commissioner of public health or the

commissioner's designee; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty of the commissioner of public health or the

commissioner's designee, the board by order shall approve the

determination and impose the recommended penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.555. HEARING. (a) If the person requests a hearing or

fails to respond in a timely manner to the notice, the

commissioner of public health or the commissioner's designee

shall set a hearing and give written notice of the hearing to the

person.

(b) An administrative law judge of the State Office of

Administrative Hearings shall hold the hearing.

(c) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the board a proposal for

a decision about the occurrence of the violation and the amount

of a proposed administrative penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.556. DECISION BY BOARD. (a) Based on the findings of

fact, conclusions of law, and proposal for decision, the board by

order may determine that:

(1) a violation occurred and impose an administrative penalty;

or

(2) a violation did not occur.

(b) The notice of the board's order given to the person must

include a statement of the right of the person to judicial review

of the order.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Within 30 days after the date the board's order becomes final,

the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review contesting the

occurrence of the violation, the amount of the penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a

person who files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the board's order

is final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) giving a copy of the affidavit to the commissioner of public

health or the commissioner's designee by certified mail.

(c) If the commissioner of public health or the commissioner's

designee receives a copy of an affidavit under Subsection (b)(2),

the commissioner or the designee may file with the court, within

five days after the date the copy is received, a contest to the

affidavit.

(d) The court shall hold a hearing on the facts alleged in the

affidavit as soon as practicable and shall stay the enforcement

of the penalty on finding that the alleged facts are true. The

person who files an affidavit has the burden of proving that the

person is financially unable to pay the penalty and to give a

supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.558. COLLECTION OF PENALTY. (a) If the person does

not pay the administrative penalty and the enforcement of the

penalty is not stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.559. DETERMINATION BY COURT. (a) If the court

sustains the determination that a violation occurred, the court

may uphold or reduce the amount of the administrative penalty and

order the person to pay the full or reduced amount of the

penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.560. REMITTANCE OF PENALTY AND INTEREST. (a) If the

person paid the administrative penalty and if the amount of the

penalty is reduced or the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, that

the appropriate amount plus accrued interest be remitted to the

person.

(b) The interest accrues at the rate charged on loans to

depository institutions by the New York Federal Reserve Bank.

(c) The interest shall be paid for the period beginning on the

date the penalty is paid and ending on the date the penalty is

remitted.

(d) If the person gave a supersedeas bond and the penalty is not

upheld by the court, the court shall order, when the court's

judgment becomes final, the release of the bond.

(e) If the person gave a supersedeas bond and the amount of the

penalty is reduced, the court shall order the release of the bond

after the person pays the reduced amount.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.

Sec. 401.561. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter is a contested case under Chapter 2001, Government

Code.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,

2003.