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AN ACT
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relating to the continuation and functions of the State Board of |
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Examiners for Speech-Language Pathology and Audiology; providing |
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an administrative penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 401.001, Occupations Code, is amended by |
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amending Subdivision (4) and adding Subdivision (4-a) to read as |
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follows: |
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(4) "Department" means the [Texas] Department of State |
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Health Services. |
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(4-a) "Hearing instrument" has the meaning assigned by |
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Section 402.001. |
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SECTION 2. Section 401.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of |
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Examiners for Speech-Language Pathology and Audiology is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the board is abolished and |
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this chapter expires September 1, 2017 [2011]. |
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SECTION 3. Section 401.101, Occupations Code, is amended to |
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read as follows: |
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Sec. 401.101. BOARD WITHIN [HEALTH] DEPARTMENT. The State |
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Board of Examiners for Speech-Language Pathology and Audiology is |
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within the department [Texas Department of Health]. |
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SECTION 4. Section 401.103, Occupations Code, is amended to |
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read as follows: |
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Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. A person may |
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not be a [The two] public member [members] of the board, other than |
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the public member described by Section 401.102(d), if the person or |
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the person's spouse [who are not physicians may not]: |
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(1) is registered, certified, or [be] licensed by an |
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occupational regulatory agency in the field of health care; |
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(2) is [be] employed by or [and] participating in the |
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management of an agency or business entity that: |
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(A) provides health care services; |
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(B) [or that] sells, manufactures, or |
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distributes health care supplies or equipment; or |
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(C) receives money from the board or the |
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department; |
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(3) owns, controls [own, control], or has [have] a |
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direct or indirect interest of more than 10 percent in a business |
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entity that: |
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(A) provides health care services; |
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(B) [or that] sells, manufactures, or |
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distributes health care supplies or equipment; or |
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(C) receives money from the board or department; |
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or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or money from the board or department other than |
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compensation or reimbursement authorized by law for board |
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membership, attendance, or expenses [be an officer, employee, or
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paid consultant of a trade association in the field of health care]. |
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SECTION 5. Section 401.104, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) In this section, "Texas trade association" means a |
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cooperative and voluntarily joined statewide association of |
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business or professional competitors in this state designed to |
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assist its members and its industry or profession in dealing with |
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mutual business or professional problems and in promoting their |
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common interest [A board member may not be related within the
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second degree by consanguinity or affinity, as determined under
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Subchapter B, Chapter 573, Government Code, to an officer,
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employee, or paid consultant of a trade association in the field of
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health care]. |
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(c) A person may not be a member of the board if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in the field of health care; |
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or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in the field of health care. |
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SECTION 6. Subsection (a), Section 401.107, Occupations |
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Code, is amended to read as follows: |
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(a) The governor shall designate a member of the board as |
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the presiding officer of the board to serve in that capacity at the |
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will of the governor [board shall organize itself annually and
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select a presiding officer, assistant presiding officer, and
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secretary-treasurer]. |
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SECTION 7. Subchapter C, Chapter 401, Occupations Code, is |
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amended by adding Sections 401.109 and 401.110 to read as follows: |
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Sec. 401.109. GROUNDS FOR REMOVAL. (a) It is a ground for |
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removal from the board that a member: |
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(1) does not have at the time of taking office the |
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qualifications required by Section 401.102; |
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(2) does not maintain during service on the board the |
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qualifications required by Section 401.102; |
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(3) is ineligible for membership under Section 401.103 |
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or 401.104; |
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(4) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(5) is absent from more than half of the regularly |
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scheduled board meetings that the member is eligible to attend |
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during a calendar year without an excuse approved by a majority vote |
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of the board. |
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(b) The validity of an action of the board is not affected by |
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the fact that the action is taken when a ground for removal of a |
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board member exists. |
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(c) If the commissioner of state health services has |
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knowledge that a potential ground for removal exists, the |
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commissioner shall notify the presiding officer of the board of the |
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potential ground. The presiding officer shall then notify the |
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governor and the attorney general that a potential ground for |
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removal exists. If the potential ground for removal involves the |
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presiding officer, the commissioner shall notify the next highest |
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ranking officer of the board, who shall then notify the governor and |
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the attorney general that a potential ground for removal exists. |
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Sec. 401.110. TRAINING. (a) A person who is appointed to |
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and qualifies for office as a member of the board may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the board until the person completes a training program that |
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complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) this chapter; |
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(2) the programs, functions, rules, and budget of the |
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board; |
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(3) the results of the most recent formal audit of the |
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board; |
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(4) the requirements of laws relating to open |
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meetings, public information, administrative procedure, and |
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conflicts of interest; and |
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(5) any applicable ethics policies adopted by the |
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board or the Texas Ethics Commission. |
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(c) A person appointed to the board is entitled to |
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reimbursement, as provided by the General Appropriations Act, for |
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the travel expenses incurred in attending the training program |
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regardless of whether the attendance at the program occurs before |
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or after the person qualifies for office. |
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SECTION 8. Subchapter E, Chapter 401, Occupations Code, is |
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amended by adding Section 401.2021 to read as follows: |
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Sec. 401.2021. JOINT RULES FOR HEARING INSTRUMENTS. With |
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the assistance of the department, the board and the State Committee |
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of Examiners in the Fitting and Dispensing of Hearing Instruments |
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shall jointly adopt rules to establish requirements for each sale |
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of a hearing instrument. The rules must: |
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(1) address: |
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(A) the information and other provisions |
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required in each written contract for the purchase of a hearing |
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instrument; |
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(B) records that must be retained under this |
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chapter or Chapter 402; and |
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(C) guidelines for the 30-day trial period during |
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which a person may cancel the purchase of a hearing instrument; and |
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(2) require that the written contract and 30-day trial |
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period information provided to a purchaser of a hearing instrument |
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be in plain language designed to be easily understood by the average |
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consumer. |
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SECTION 9. Subchapter G, Chapter 401, Occupations Code, is |
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amended by adding Section 401.3041 to read as follows: |
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Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE ISSUANCE. (a) The board shall require |
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that an applicant for a license submit a complete and legible set of |
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fingerprints, on a form prescribed by the board, to the board or to |
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the Department of Public Safety for the purpose of obtaining |
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criminal history record information from the Department of Public |
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Safety and the Federal Bureau of Investigation. |
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(b) The board may not issue a license to a person who does |
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not comply with the requirement of Subsection (a). |
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(c) The board shall conduct a criminal history check of each |
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applicant for a license using information: |
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(1) provided by the individual under this section; and |
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(2) made available to the board by the Department of |
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Public Safety, the Federal Bureau of Investigation, and any other |
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criminal justice agency under Chapter 411, Government Code. |
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(d) The Department of State Health Services on behalf of the |
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board may: |
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(1) enter into an agreement with the Department of |
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Public Safety to administer a criminal history check required under |
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this section; and |
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(2) authorize the Department of Public Safety to |
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collect from each applicant the costs incurred by the Department of |
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Public Safety in conducting the criminal history check. |
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SECTION 10. Subchapter H, Chapter 401, Occupations Code, is |
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amended by adding Section 401.3521 to read as follows: |
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Sec. 401.3521. CRIMINAL HISTORY RECORD INFORMATION |
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REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a |
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license issued under this chapter shall submit a complete and |
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legible set of fingerprints for purposes of performing a criminal |
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history check of the applicant as provided by Section 401.3041. |
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(b) The board may not renew the license of a person who does |
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not comply with the requirement of Subsection (a). |
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(c) The requirements of this section do not apply to a |
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license holder who has previously submitted fingerprints under this |
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section or Section 401.3041. |
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(d) This section expires February 1, 2015. |
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SECTION 11. Subchapter J, Chapter 401, Occupations Code, is |
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amended by adding Section 401.4531 to read as follows: |
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Sec. 401.4531. RECUSAL OF BOARD MEMBER. (a) A board |
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member who participated in the investigation of a complaint or in |
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informal settlement negotiations regarding the complaint: |
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(1) may not vote on the matter at a board meeting |
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related to the complaint; and |
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(2) shall state at the meeting why the member is |
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prohibited from voting on the matter. |
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(b) A statement under Subsection (a)(2) shall be entered |
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into the minutes of the meeting. |
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SECTION 12. Subchapter K, Chapter 401, Occupations Code, is |
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amended by adding Sections 401.5021 and 401.5022 to read as |
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follows: |
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Sec. 401.5021. BOARD-ORDERED REFUND. The board may order |
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an audiologist to pay a refund to a consumer who returns a hearing |
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instrument during the 30-day trial period required by rules adopted |
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under Section 401.2021. |
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Sec. 401.5022. CEASE AND DESIST ORDER. (a) If it appears |
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to the board that a person who is not licensed under this chapter is |
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violating this chapter, a rule adopted under this chapter, or |
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another state statute or rule relating to the practice of |
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speech-language pathology or audiology, the board, after notice and |
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opportunity for a hearing, may issue a cease and desist order |
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prohibiting the person from engaging in the activity. |
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(b) A violation of an order under this section constitutes |
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grounds for imposing an administrative penalty under Subchapter L. |
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SECTION 13. (a) Not later than February 1, 2012, the State |
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Board of Examiners for Speech-Language Pathology and Audiology |
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shall adopt rules necessary to implement Sections 401.3041 and |
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401.3521, Occupations Code, as added by this Act. |
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(b) Not later than May 1, 2012, the State Board of Examiners |
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for Speech-Language Pathology and Audiology and the State Committee |
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of Examiners in the Fitting and Dispensing of Hearing Instruments |
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shall adopt rules required by Section 401.2021, Occupations Code, |
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as added by this Act. |
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(c) The changes in law made by Sections 401.103 and 401.104, |
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Occupations Code, as amended by this Act, and Section 401.110, |
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Occupations Code, as added by this Act, regarding the prohibitions |
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on or qualifications of members of the State Board of Examiners for |
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Speech-Language Pathology and Audiology do not affect the |
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entitlement of a member serving on the board immediately before |
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September 1, 2011, to continue to serve and function as a member of |
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the board for the remainder of the member's term. The changes in |
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law made by those sections apply only to a member appointed on or |
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after September 1, 2011. |
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(d) Section 401.4531, Occupations Code, as added by this |
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Act, applies only to a complaint filed with the State Board of |
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Examiners for Speech-Language Pathology and Audiology on or after |
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the effective date of this Act. A complaint filed before the |
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effective date of this Act is governed by the law as it existed |
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immediately before that date, and the former law is continued in |
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effect for that purpose. |
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(e) Sections 401.3041 and 401.3521, Occupations Code, as |
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added by this Act, apply only to an application for a license or |
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renewal of a license filed with the State Board of Examiners for |
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Speech-Language Pathology and Audiology on or after March 1, 2012. |
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An application filed before that date is governed by the law in |
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effect at the time the application was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 14. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 662 passed the Senate on |
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April 14, 2011, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 662 passed the House on |
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May 19, 2011, by the following vote: Yeas 146, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |