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  S.B. No. 662
 
 
 
 
AN ACT
  relating to the continuation and functions of the State Board of
  Examiners for Speech-Language Pathology and Audiology; providing
  an administrative penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 401.001, Occupations Code, is amended by
  amending Subdivision (4) and adding Subdivision (4-a) to read as
  follows:
               (4)  "Department" means the [Texas] Department of State 
  Health Services.
               (4-a)  "Hearing instrument" has the meaning assigned by
  Section 402.001.
         SECTION 2.  Section 401.002, Occupations Code, is amended to
  read as follows:
         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, 2017 [2011].
         SECTION 3.  Section 401.101, Occupations Code, is amended to
  read as follows:
         Sec. 401.101.  BOARD WITHIN [HEALTH] DEPARTMENT. The State
  Board of Examiners for Speech-Language Pathology and Audiology is
  within the department [Texas Department of Health].
         SECTION 4.  Section 401.103, Occupations Code, is amended to
  read as follows:
         Sec. 401.103.  ELIGIBILITY OF PUBLIC MEMBERS. A person may
  not be a [The two] public member [members] of the board, other than
  the public member described by Section 401.102(d), if the person or
  the person's spouse [who are not physicians may not]:
               (1)  is registered, certified, or [be] licensed by an
  occupational regulatory agency in the field of health care;
               (2)  is [be] employed by or [and] participating in the
  management of an agency or business entity that:
                     (A)  provides health care services;
                     (B)  [or that] sells, manufactures, or
  distributes health care supplies or equipment; or
                     (C)  receives money from the board or the
  department;
               (3)  owns, controls [own, control], or has [have] a
  direct or indirect interest of more than 10 percent in a business
  entity that:
                     (A)  provides health care services;
                     (B)  [or that] sells, manufactures, or
  distributes health care supplies or equipment; or
                     (C)  receives money from the board or department;
  or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the board or department other than
  compensation or reimbursement authorized by law for board
  membership, attendance, or expenses [be an officer, employee, or
  paid consultant of a trade association in the field of health care].
         SECTION 5.  Section 401.104, Occupations Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  In this section, "Texas trade association" means a
  cooperative and voluntarily joined statewide association of
  business or professional competitors in this state designed to
  assist its members and its industry or profession in dealing with
  mutual business or professional problems and in promoting their
  common interest [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].
         (c)  A person may not be a member of the board if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health care;
  or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of health care. 
         SECTION 6.  Subsection (a), Section 401.107, Occupations
  Code, is amended to read as follows:
         (a)  The governor shall designate a member of the board as
  the presiding officer of the board to serve in that capacity at the
  will of the governor  [board shall organize itself annually and
  select a presiding officer, assistant presiding officer, and
  secretary-treasurer].
         SECTION 7.  Subchapter C, Chapter 401, Occupations Code, is
  amended by adding Sections 401.109 and 401.110 to read as follows:
         Sec. 401.109.  GROUNDS FOR REMOVAL. (a)  It is a ground for
  removal from the board that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Section 401.102;
               (2)  does not maintain during service on the board the
  qualifications required by Section 401.102;
               (3)  is ineligible for membership under Section 401.103
  or 401.104;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled board meetings that the member is eligible to attend
  during a calendar year without an excuse approved by a majority vote
  of the board.
         (b)  The validity of an action of the board is not affected by
  the fact that the action is taken when a ground for removal of a
  board member exists.
         (c)  If the commissioner of state health services has
  knowledge that a potential ground for removal exists, the
  commissioner shall notify the presiding officer of the board of the
  potential ground. The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the commissioner shall notify the next highest
  ranking officer of the board, who shall then notify the governor and
  the attorney general that a potential ground for removal exists. 
         Sec. 401.110.  TRAINING. (a)  A person who is appointed to
  and qualifies for office as a member of the board may not vote,
  deliberate, or be counted as a member in attendance at a meeting of
  the board until the person completes a training program that
  complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  this chapter;
               (2)  the programs, functions, rules, and budget of the
  board;
               (3)  the results of the most recent formal audit of the
  board;
               (4)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest; and
               (5)  any applicable ethics policies adopted by the
  board or the Texas Ethics Commission.
         (c)  A person appointed to the board is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office. 
         SECTION 8.  Subchapter E, Chapter 401, Occupations Code, is
  amended by adding Section 401.2021 to read as follows:
         Sec. 401.2021.  JOINT RULES FOR HEARING INSTRUMENTS. With
  the assistance of the department, the board and the State Committee
  of Examiners in the Fitting and Dispensing of Hearing Instruments
  shall jointly adopt rules to establish requirements for each sale
  of a hearing instrument.  The rules must:
               (1)  address:
                     (A)  the information and other provisions
  required in each written contract for the purchase of a hearing
  instrument;
                     (B)  records that must be retained under this
  chapter or Chapter 402; and
                     (C)  guidelines for the 30-day trial period during
  which a person may cancel the purchase of a hearing instrument; and
               (2)  require that the written contract and 30-day trial
  period information provided to a purchaser of a hearing instrument
  be in plain language designed to be easily understood by the average
  consumer. 
         SECTION 9.  Subchapter G, Chapter 401, Occupations Code, is
  amended by adding Section 401.3041 to read as follows:
         Sec. 401.3041.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a)  The board shall require
  that an applicant for a license submit a complete and legible set of
  fingerprints, on a form prescribed by the board, to the board or to
  the Department of Public Safety for the purpose of obtaining
  criminal history record information from the Department of Public
  Safety and the Federal Bureau of Investigation.
         (b)  The board may not issue a license to a person who does
  not comply with the requirement of Subsection (a).
         (c)  The board shall conduct a criminal history check of each
  applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the board by the Department of
  Public Safety, the Federal Bureau of Investigation, and any other
  criminal justice agency under Chapter 411, Government Code.
         (d)  The Department of State Health Services on behalf of the
  board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history check required under
  this section; and
               (2)  authorize the Department of Public Safety to
  collect from each applicant the costs incurred by the Department of
  Public Safety in conducting the criminal history check.
         SECTION 10.  Subchapter H, Chapter 401, Occupations Code, is
  amended by adding Section 401.3521 to read as follows:
         Sec. 401.3521.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE RENEWAL. (a)  An applicant renewing a
  license issued under this chapter shall submit a complete and
  legible set of fingerprints for purposes of performing a criminal
  history check of the applicant as provided by Section 401.3041.
         (b)  The board may not renew the license of a person who does
  not comply with the requirement of Subsection (a).
         (c)  The requirements of this section do not apply to a
  license holder who has previously submitted fingerprints under this
  section or Section 401.3041.
         (d)  This section expires February 1, 2015. 
         SECTION 11.  Subchapter J, Chapter 401, Occupations Code, is
  amended by adding Section 401.4531 to read as follows:
         Sec. 401.4531.  RECUSAL OF BOARD MEMBER. (a)  A board
  member who participated in the investigation of a complaint or in
  informal settlement negotiations regarding the complaint:
               (1)  may not vote on the matter at a board meeting
  related to the complaint; and
               (2)  shall state at the meeting why the member is
  prohibited from voting on the matter.
         (b)  A statement under Subsection (a)(2) shall be entered
  into the minutes of the meeting. 
         SECTION 12.  Subchapter K, Chapter 401, Occupations Code, is
  amended by adding Sections 401.5021 and 401.5022 to read as
  follows:
         Sec. 401.5021.  BOARD-ORDERED REFUND. The board may order
  an audiologist to pay a refund to a consumer who returns a hearing
  instrument during the 30-day trial period required by rules adopted
  under Section 401.2021. 
         Sec. 401.5022.  CEASE AND DESIST ORDER. (a)  If it appears
  to the board that a person who is not licensed under this chapter is
  violating this chapter, a rule adopted under this chapter, or
  another state statute or rule relating to the practice of
  speech-language pathology or audiology, the board, after notice and
  opportunity for a hearing, may issue a cease and desist order
  prohibiting the person from engaging in the activity.
         (b)  A violation of an order under this section constitutes
  grounds for imposing an administrative penalty under Subchapter L. 
         SECTION 13.  (a)  Not later than February 1, 2012, the State
  Board of Examiners for Speech-Language Pathology and Audiology
  shall adopt rules necessary to implement Sections 401.3041 and
  401.3521, Occupations Code, as added by this Act.
         (b)  Not later than May 1, 2012, the State Board of Examiners
  for Speech-Language Pathology and Audiology and the State Committee
  of Examiners in the Fitting and Dispensing of Hearing Instruments
  shall adopt rules required by Section 401.2021, Occupations Code,
  as added by this Act.
         (c)  The changes in law made by Sections 401.103 and 401.104,
  Occupations Code, as amended by this Act, and Section 401.110,
  Occupations Code, as added by this Act, regarding the prohibitions
  on or qualifications of members of the State Board of Examiners for
  Speech-Language Pathology and Audiology do not affect the
  entitlement of a member serving on the board immediately before
  September 1, 2011, to continue to serve and function as a member of
  the board for the remainder of the member's term.  The changes in
  law made by those sections apply only to a member appointed on or
  after September 1, 2011.
         (d)  Section 401.4531, Occupations Code, as added by this
  Act, applies only to a complaint filed with the State Board of
  Examiners for Speech-Language Pathology and Audiology on or after
  the effective date of this Act.  A complaint filed before the
  effective date of this Act is governed by the law as it existed
  immediately before that date, and the former law is continued in
  effect for that purpose.
         (e)  Sections 401.3041 and 401.3521, Occupations Code, as
  added by this Act, apply only to an application for a license or
  renewal of a license filed with the State Board of Examiners for
  Speech-Language Pathology and Audiology on or after March 1, 2012.  
  An application filed before that date is governed by the law in
  effect at the time the application was filed, and the former law is
  continued in effect for that purpose.
         SECTION 14.  This Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 662 passed the Senate on
  April 14, 2011, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 662 passed the House on
  May 19, 2011, by the following vote:  Yeas 146, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor