CHAPTER 403. LICENSED DYSLEXIA PRACTITIONERS AND LICENSED DYSLEXIA THERAPISTS

State Codes and Statutes

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

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

CHAPTER 403. LICENSED DYSLEXIA PRACTITIONERS AND LICENSED

DYSLEXIA THERAPISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 403.001. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of state health

services.

(2) "Department" means the Department of State Health Services.

(3) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

(4) "License holder" means a person who holds a license issued

under this chapter.

(5) "Multisensory structured language education" means a program

described by the International Multisensory Structured Language

Education Council for the treatment of individuals with dyslexia

and related disorders that provides instruction in the skills of

reading, writing, and spelling:

(A) through program content that includes:

(i) phonology and phonological awareness;

(ii) sound and symbol association;

(iii) syllables;

(iv) morphology;

(v) syntax; and

(vi) semantics; and

(B) following principles of instruction that include:

(i) simultaneous multisensory instruction, including

visual-auditory-kinesthetic-tactile instruction;

(ii) systematic and cumulative instruction;

(iii) explicit instruction;

(iv) diagnostic teaching to automaticity; and

(v) synthetic and analytic instruction.

(6) "Qualified instructor" means a person described by Section

403.110.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF STATE HEALTH

SERVICES. The department shall administer this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.003. APPLICABILITY. This chapter does not:

(1) require a school district to employ a person licensed under

this chapter;

(2) require an individual who is licensed under Chapter 501 to

obtain a license under this chapter; or

(3) authorize a person who is not licensed under Chapter 401 to

practice audiology or speech-language pathology.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 403.051. ADVISORY COMMITTEE. The department shall appoint

an advisory committee to advise the department in administering

this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.052. RULES. The executive commissioner shall adopt

rules necessary to administer and enforce this chapter, including

rules that establish standards of ethical practice.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

SUBCHAPTER C. LICENSE REQUIREMENTS

Text of section effective on September 01, 2010

Sec. 403.101. LICENSE REQUIRED. A person may not use the title

"licensed dyslexia practitioner" or "licensed dyslexia therapist"

in this state unless the person holds the appropriate license

under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Sec. 403.102. ISSUANCE OF LICENSE. The department shall issue a

licensed dyslexia practitioner or licensed dyslexia therapist

license to an applicant who meets the requirements of this

chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.103. LICENSE APPLICATION. (a) A license applicant

must apply to the department on a form and in the manner the

department prescribes.

(b) The application must be accompanied by a nonrefundable

application fee.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.104. ELIGIBILITY FOR LICENSED DYSLEXIA PRACTITIONER

LICENSE. (a) To be eligible for a licensed dyslexia

practitioner license, an applicant must have:

(1) earned a bachelor's degree from an accredited public or

private institution of higher education;

(2) successfully completed at least 45 hours of course work in

multisensory structured language education from a training

program that meets the requirements of Section 403.106;

(3) completed at least 60 hours of supervised clinical

experience in multisensory structured language education;

(4) completed at least five demonstration lessons of the

practice of multisensory structured language education, each

observed by an instructor from a training program that meets the

requirements of Section 403.106 and followed by a conference with

and a written report by the instructor; and

(5) successfully completed a national multisensory structured

language education competency examination approved by the

department and administered by a national certifying professional

organization.

(b) Clinical experience required under Subsection (a)(3) must be

obtained under:

(1) the supervision of a qualified instructor or an instructor

from an accredited training program that meets the requirements

of Section 403.106; and

(2) guidelines approved by the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.105. ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST

LICENSE. (a) To be eligible for a licensed dyslexia therapist

license, an applicant must have:

(1) earned at least a master's degree from an accredited public

or private institution of higher education;

(2) successfully completed at least 200 hours of course work in

multisensory structured language education from a training

program that meets the requirements of Section 403.106;

(3) completed at least 700 hours of supervised clinical

experience in multisensory structured language education;

(4) completed at least 10 demonstration lessons of the practice

of multisensory structured language education, each observed by

an instructor from a training program that meets the requirements

of Section 403.106 and followed by a conference with and a

written report by the instructor; and

(5) successfully completed a national multisensory structured

language education competency examination approved by the

department and administered by a national certifying professional

organization.

(b) Clinical experience required under Subsection (a)(3) must be

obtained under:

(1) the supervision of a qualified instructor or an instructor

from an accredited training program that meets the requirements

of Section 403.106; and

(2) guidelines approved by the department.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For

purposes of determining whether an applicant satisfies the

training requirements for a license under this chapter, a

multisensory structured language education training program

completed by the applicant must:

(1) be accredited by a nationally recognized accrediting

organization;

(2) have in writing defined goals and objectives, areas of

authority, and policies and procedures;

(3) have the appropriate financial and management resources to

operate the training program, including a knowledgeable

administrator and standard accounting and reporting procedures;

(4) have a physical site, equipment, materials, supplies, and

environment suitable for the training program;

(5) have a sufficient number of instructional personnel who have

completed the requirements for certification in multisensory

structured language education;

(6) have been reviewed by multisensory structured language

education professionals who are not affiliated with the training

program;

(7) have developed and followed procedures to maintain and

improve the quality of training provided by the program;

(8) have provided direct instruction in the principles and in

each element of multisensory structured language education for a

minimum of:

(A) 200 contact hours of course work for training program

participants who seek a licensed dyslexia therapist license; and

(B) 45 contact hours of course work for training program

participants who seek a licensed dyslexia practitioner license;

(9) have required training program participants to complete a

program of supervised clinical experience in which the

participants provided multisensory structured language education

to students or adults, either individually or in small groups for

a minimum of:

(A) 700 hours for training program participants who seek a

licensed dyslexia therapist license; and

(B) 60 hours for training program participants who seek a

licensed dyslexia practitioner license;

(10) have required training program participants to demonstrate

the application of multisensory structured language education

principles of instruction by completing demonstration lessons

observed by an instructor and followed by a conference with and a

written report by the instructor; and

(11) have provided instruction based on the Texas Education

Agency publication "The Dyslexia Handbook: Procedures Concerning

Dyslexia and Related Disorders (2007)," or a revised version of

that publication approved by the department.

(b) A training program must require a training program

participant who seeks a licensed dyslexia practitioner license to

have completed at least five demonstration lessons described by

Subsection (a)(10) and a participant who seeks a licensed

dyslexia therapist license to have completed at least 10

demonstration lessons.

shall determine whether a training program meets the requirements

of this section.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.107. EXAMINATION; RULES. (a) To obtain a license, an

applicant must:

(1) pass a written examination approved by the department under

Subsection (b); and

(2) pay fees set by the executive commissioner.

(b) The department shall, in consultation with the advisory

committee:

(1) identify and designate a competency examination that is

related to multisensory structured language education and that

will be administered at least twice each year by a professional

organization that issues national certifications; and

(2) maintain a record of all examinations for at least two years

after the date of examination.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The

department, in consultation with the advisory committee, may

waive the examination requirement and issue a license to an

applicant who holds an appropriate certificate or other

accreditation from a nationally accredited multisensory

structured language education organization recognized by the

department.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.109. INACTIVE STATUS; RULES. (a) The executive

commissioner 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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.110. QUALIFIED INSTRUCTOR. To be considered a

qualified instructor under this chapter, a person must:

(1) be a licensed dyslexia therapist;

(2) have at least 1,400 hours of clinical teaching experience in

addition to the hours required to obtain a licensed dyslexia

therapist license; and

(3) have completed a two-year course of study dedicated to the

administration and supervision of multisensory structured

language education programs taught by a nationally accredited

training program that meets the requirements of Section 403.106.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

SUBCHAPTER D. PRACTICE BY LICENSE HOLDER

Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia

practitioner may practice only in an educational setting,

including a school, learning center, or clinic.

(b) A licensed dyslexia therapist may practice in a school,

learning center, clinic, or private practice setting.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

Sec. 403.152. CONTINUING EDUCATION. (a) A license holder's

license may not be renewed unless the license holder meets the

continuing education requirements established by the executive

commissioner.

(b) The executive commissioner, in consultation with the

advisory committee, shall establish the continuing education

requirements in a manner that allows a license holder to comply

without an extended absence from the license holder's county of

residence.

(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.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2009.

SUBCHAPTER E. LICENSE DENIAL; COMPLAINT AND DISCIPLINARY

PROCEDURES

Text of section effective on September 01, 2010

Sec. 403.201. COMPLAINTS. Any person may file a complaint with

the department alleging a violation of this chapter or a rule

adopted under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.202. PROHIBITED ACTIONS. A license holder may not:

(1) obtain a license by means of fraud, misrepresentation, or

concealment of a material fact;

(2) sell, barter, or offer to sell or barter a license; or

(3) engage in unprofessional conduct that endangers or is likely

to endanger the health, welfare, or safety of the public as

defined by executive commissioner rule.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a license

holder violates this chapter or a rule or code of ethics adopted

by the executive commissioner, the department shall:

(1) revoke or suspend the license;

(2) place on probation the person if the person's license has

been suspended;

(3) reprimand the license holder; or

(4) refuse to renew the license.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR

CRIMINAL CONVICTION. (a) The department 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 department 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 withdrawal of a plea of guilty;

(B) sets aside a verdict of guilty; or

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

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

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.205. HEARING. (a) If the department proposes to

revoke, suspend, or refuse to renew a person's license, the

person is entitled to a hearing before a hearings officer

appointed by the State Office of Administrative Hearings.

(b) The executive commissioner shall prescribe procedures for

appealing to the commissioner a decision to revoke, suspend, or

refuse to renew a license.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.206. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter to suspend, revoke, or refuse to renew a license is

governed by Chapter 2001, Government Code.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.207. SANCTIONS. (a) The executive commissioner, in

consultation with the advisory committee, by rule shall adopt a

broad schedule of sanctions for a violation of this chapter.

(b) The State Office of Administrative Hearings shall use the

schedule of sanctions for a sanction imposed as the result of a

hearing conducted by that office.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.208. PROBATION. The department may require a license

holder whose license suspension is probated to:

(1) report regularly to the department on matters that are the

basis of the probation;

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

(3) continue the license holder's professional education until

the license holder attains a degree of skill satisfactory to the

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

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The executive

commissioner by rule shall develop a system for monitoring a

license holder's compliance with the requirements of this

chapter.

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

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

the department to perform certain acts; and

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

the public.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.210. INFORMAL PROCEDURES. (a) The executive

commissioner by rule shall adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) an informal proceeding held in compliance with Section

2001.054, Government Code.

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

(1) provide the complainant and the license holder an

opportunity to be heard; and

(2) require the presence of a representative of the attorney

general or the department's legal counsel to advise the

department or the department's employees.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.211. 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 department may:

(1) accept or reject the application; and

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

the license.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.212. REPRIMAND; CONTINUING EDUCATION. (a) In addition

to other disciplinary action authorized by this subchapter, the

department 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 department, in consultation with the advisory committee,

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).

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROCEDURES

Text of section effective on September 01, 2010

Sec. 403.251. CIVIL PENALTY. (a) A person who violates this

chapter, a rule adopted by the executive commissioner, or an

order adopted by the commissioner under this chapter is liable

for a civil penalty not to exceed $500 for each occurrence.

(b) At the request of the department, the attorney general shall

bring an action to recover a civil penalty authorized under this

section.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

Text of section effective on September 01, 2010

Sec. 403.252. CEASE AND DESIST ORDER. (a) If it appears to the

commissioner that a person who is not licensed under this chapter

is violating this chapter or a rule adopted under this chapter,

the commissioner after notice and an opportunity for a hearing

may issue a cease and desist order prohibiting the person from

engaging in the activity.

(b) A violation of an order under this section constitutes

grounds for imposing a civil penalty under this chapter.

Added by Acts 2009, 81st Leg., R.S., Ch.

1255, Sec. 1, eff. September 1, 2010.

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