H.B. No. 461

	AN ACT
	relating to the regulation of dyslexia practitioners and
	therapists; providing penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle G, Title 3, Occupations Code, is
	amended by adding Chapter 403 to read as follows:
	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.
	Sec. 403.002.  ADMINISTRATION BY DEPARTMENT OF STATE HEALTH
	SERVICES. The department shall administer this chapter.
	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.
	[Sections 403.004-403.050 reserved for expansion]
	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.
	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.
	[Sections 403.053-403.100 reserved for expansion]
	SUBCHAPTER C. LICENSE REQUIREMENTS
	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.
	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.
	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.
	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.
	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.
	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.
	(c)  The department, in consultation with the advisory
	committee, shall determine whether a training program meets the
	requirements of this section.
	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.
	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.
	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.
	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.
	[Sections 403.111-403.150 reserved for expansion]
	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.
	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.
	(c)  The department 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.
	[Sections 403.153-403.200 reserved for expansion]
	SUBCHAPTER E.  LICENSE DENIAL; COMPLAINT AND DISCIPLINARY
	PROCEDURES
	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.
	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.
	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.
	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
	(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.
	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.
	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.
	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.
	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.
	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.
	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.
	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.
	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).
	[Sections 403.213-403.250 reserved for expansion]
	SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
	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.
	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.
	SECTION 2.  The heading to Subtitle G, Title 3, Occupations
	Code, is amended to read as follows:
	SUBTITLE G.  PROFESSIONS RELATED TO HEARING, [AND] SPEECH, AND
	DYSLEXIA
	SECTION 3.  (a)  An interim committee is created to study
	and recommend legislation to increase awareness of early detection
	and treatment of dyslexia and related disorders. The committee's
	study shall examine:
	(1)  early detection and intervention;
	(2)  access to treatment in rural areas of the state;
	(3)  the role of public education and higher education
	in detection and treatment;
	(4)  treatment for older students and adults; and
	(5)  any barriers related to accommodations for
	individuals with dyslexia and related disorders.
	(b)  The committee consists of the following nine members:
	(1)  two members who are senators, one of whom
	represents a rural area, appointed by the lieutenant governor;
	(2)  two members who are state representatives, one of
	whom represents a rural area, appointed by the speaker of the house
	of representatives; and
	(3)  five members appointed by the governor as follows:
	(A)  one member who represents an institution of
	higher education that offers courses in dyslexia and related
	disorders;
	(B)  one member who represents a nationally
	accredited training center;
	(C)  one member who is a certified academic
	language therapist;
	(D)  one member who is a public school dyslexia
	designee; and
	(E)  one member who is a parent of a student with
	dyslexia.
	(c)  The committee shall elect a presiding officer from among
	its members.
	(d)  The committee shall convene at the call of the presiding
	officer.
	(e)  Committee members may not receive compensation or
	reimbursement of expenses for serving on the committee.
	(f)  Not later than December 1, 2010, the committee shall
	report the committee's findings and recommendations to the
	lieutenant governor, the speaker of the house of representatives,
	and the governor.
	(g)  Not later than the 60th day after the effective date of
	this Act, the lieutenant governor, the speaker of the house of
	representatives, and the governor shall appoint the members of the
	interim committee created under this section.
	(h)  This section expires September 1, 2011.
	SECTION 4.  Not later than November 1, 2009, the
	commissioner of the Department of State Health Services shall
	appoint the initial members of the advisory committee under Section
	403.051, Occupations Code, as added by this Act.
	SECTION 5.  Not later than June 1, 2010, the executive
	commissioner of the Health and Human Services Commission shall
	adopt final rules under Section 403.052, Occupations Code, as added
	by this Act.
	SECTION 6.  The Department of State Health Services shall
	issue a licensed dyslexia therapist license to an applicant under
	this section who:
	(1)  applies for a license under this section not later
	than December 31, 2012;
	(2)  not later than November 30, 2012, meets the
	requirements of Sections 403.105(a)(2)-(5), Occupations Code, as
	added by this Act;
	(3)  submits any other information required by the
	department by rule; and
	(4)  pays the application fee.
	SECTION 7.  (a)  Except as required by Subsection (b) of
	this section, this Act takes effect September 1, 2009.
	(b)  Section 403.101 and Subchapters E and F, Chapter 403,
	Occupations Code, as added by this Act, take effect September 1,
	2010.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 461 was passed by the House on May 5,
	2009, by the following vote:  Yeas 131, Nays 13, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 461 on May 29, 2009, by the following vote:  Yeas 140, Nays 2, 1
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 461 was passed by the Senate, with
	amendments, on May 23, 2009, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor