|
|
|
|
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 |