Bill Text: TX HB1684 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to abolishing the regulation of speech-language pathologists and audiologists.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-03-29 - Referred to Public Health [HB1684 Detail]

Download: Texas-2017-HB1684-Introduced.html

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85R7834 MAW-D
By: Isaac H.B. No. 1684

A BILL TO BE ENTITLED
AN ACT
relating to abolishing the regulation of speech-language
pathologists and audiologists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.003(5), Civil Practice and Remedies
Code, is amended to read as follows:
(5) "Volunteer health care provider" means an
individual who voluntarily provides health care services without
compensation or expectation of compensation and who is:
(A) an individual who is licensed to practice
medicine under Subtitle B, Title 3, Occupations Code;
(B) a retired physician who is eligible to
provide health care services, including a retired physician who is
licensed but exempt from paying the required annual registration
fee under Section 156.002, Occupations Code;
(C) a physician assistant licensed under Chapter
204, Occupations Code, or a retired physician assistant who is
eligible to provide health care services under the law of this
state;
(D) a registered nurse, including an advanced
nurse practitioner, or vocational nurse, licensed under Chapter
301, Occupations Code, or a retired vocational nurse or registered
nurse, including a retired advanced nurse practitioner, who is
eligible to provide health care services under the law of this
state;
(E) a pharmacist licensed under Subtitle J, Title
3, Occupations Code, or a retired pharmacist who is eligible to
provide health care services under the law of this state;
(F) a podiatrist licensed under Chapter 202,
Occupations Code, or a retired podiatrist who is eligible to
provide health care services under the law of this state;
(G) a dentist licensed under Subtitle D, Title 3,
Occupations Code, or a retired dentist who is eligible to provide
health care services under the law of this state;
(H) a dental hygienist licensed under Subtitle D,
Title 3, Occupations Code, or a retired dental hygienist who is
eligible to provide health care services under the law of this
state;
(I) an optometrist or therapeutic optometrist
licensed under Chapter 351, Occupations Code, or a retired
optometrist or therapeutic optometrist who is eligible to provide
health care services under the law of this state;
(J) a physical therapist or physical therapist
assistant licensed under Chapter 453, Occupations Code, or a
retired physical therapist or physical therapist assistant who is
eligible to provide health care services under the law of this
state;
(K) an occupational therapist or occupational
therapy assistant licensed under Chapter 454, Occupations Code, or
a retired occupational therapist or occupational therapy assistant
who is eligible to provide health care services under the law of
this state; or
(L) [an audiologist, assistant in audiology,
speech-language pathologist, or assistant in speech-language
pathology licensed under Chapter 401, Occupations Code, or a
retired audiologist, assistant in audiology, speech-language
pathologist, or assistant in speech-language pathology who is
eligible to provide health care services under the laws of this
state; or
[(M)] a social worker licensed under Chapter 505,
Occupations Code, or a retired social worker who is eligible to
engage in the practice of social work under the law of this state.
SECTION 2. Section 112.002, Occupations Code, is amended to
read as follows:
Sec. 112.002. APPLICABILITY. This chapter applies only to
licensing entities and health care practitioners under Chapters
[401,] 453[,] and 454 and Subtitles B, C, D, E, F, and K.
SECTION 3. The heading to Subtitle G, Title 3, Occupations
Code, is amended to read as follows:
SUBTITLE G. PROFESSIONS RELATED TO HEARING [, SPEECH,] AND
DYSLEXIA
SECTION 4. Section 402.003, Occupations Code, is amended to
read as follows:
Sec. 402.003. APPLICABILITY OF CHAPTER. [(a)] This
chapter does not apply to:
(1) a person engaged in the practice of measuring
human hearing as a part of the academic curriculum of an accredited
institution of higher learning if the person or the person's
employees do not sell hearing instruments;
(2) a physician licensed by the Texas Medical Board;
(3) a person with a master's degree or doctorate in
audiology from an accredited college or university who does not
sell hearing instruments, to the extent the person engages in the
measurement of human hearing by the use of an audiometer or by any
other means to make selections and adaptations of or
recommendations for a hearing instrument and to make impressions
for earmolds to be used as part of a hearing instrument; or
(4) [an audiologist or an audiology intern licensed
under Chapter 401, except as may otherwise be provided by the
following provisions, which refer to Chapter 401:
[(A) Section 402.051(a)(1);
[(B) Section 402.202(b);
[(C) Section 402.252;
[(D) Section 402.255(a);
[(E) Section 402.406(a); and
[(F) Section 402.451(a)(6); and
[(5)] a student of audiology in an accredited college
or university program, if the student's activities and services are
part of the student's supervised course of study or practicum
experience.
[(b) A student described by Subsection (a)(5) is subject to
Chapter 401.]
SECTION 5. Section 402.051(a), Occupations Code, is amended
to read as follows:
(a) The advisory board consists of nine members appointed by
the presiding officer of the commission with the approval of the
commission as follows:
(1) six members licensed under this chapter who have
been residents of this state actually engaged in fitting and
dispensing hearing instruments for at least five years preceding
appointment[, not more than one of whom may be licensed under
Chapter 401];
(2) one member who is actively practicing as a
physician licensed by the Texas Medical Board and who:
(A) has been a resident of this state for at least
two years preceding appointment;
(B) is a citizen of the United States; and
(C) specializes in the practice of
otolaryngology; and
(3) two members of the public.
SECTION 6. Section 402.1021, Occupations Code, is amended
to read as follows:
Sec. 402.1021. RULES FOR HEARING INSTRUMENTS. With the
assistance of the advisory board [and the Speech-Language
Pathologists and Audiologists Advisory Board], the commission
shall adopt rules to establish requirements for each sale of a
hearing instrument for purposes of this chapter [and Chapter 401].
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 401]; 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 7. Section 402.1023(b), Occupations Code, is
amended to read as follows:
(b) With the assistance of the advisory board [and the
Speech-Language Pathologists and Audiologists Advisory Board], the
commission shall adopt rules to establish requirements for the
fitting and dispensing of hearing instruments by the use of
telepractice for purposes of this chapter [and Chapter 401],
including rules that establish the qualifications and duties of
license holders who use telepractice.
SECTION 8. Section 402.252, Occupations Code, is amended to
read as follows:
Sec. 402.252. SUPERVISION STATEMENT. (a) An application
for a temporary training permit must be accompanied by the
statement of a person licensed to fit and dispense hearing
instruments under this chapter [or Chapter 401, other than a person
licensed under Section 401.311 or 401.312].
(b) The statement must be on a form prescribed by the
department and state that:
(1) the person will supervise the applicant in all
work done by the applicant under the temporary training permit; and
(2) the person will notify the department not later
than the 10th day after the date of the applicant's termination of
supervision by the person[; and
[(3) if the person is licensed under Chapter 401, the
person will comply with all provisions of this chapter and rules
adopted under this chapter that relate to the supervision and
training of a temporary training permit holder].
SECTION 9. Section 402.255(a), Occupations Code, is amended
to read as follows:
(a) A supervisor of a temporary training permit holder must:
(1) be licensed to fit and dispense hearing
instruments under this chapter [or Chapter 401, other than Section
401.311 or 401.312];
(2) currently practice in an established place of
business; and
(3) be responsible for the direct supervision and
education of a temporary training permit holder.
SECTION 10. Section 402.406(a), Occupations Code, is
amended to read as follows:
(a) A person who owns, maintains, or operates an office or
place of business in which the person employs or engages under
contract a person who practices the fitting and dispensing of
hearing instruments is considered to be practicing the fitting and
dispensing of hearing instruments under this chapter and is
required to be licensed under this chapter [or licensed as an
audiologist under Chapter 401].
SECTION 11. Section 402.451(a), Occupations Code, is
amended to read as follows:
(a) A person may not:
(1) buy, sell, or fraudulently obtain a license or aid
another person to do so;
(2) alter a license with the intent to defraud;
(3) wilfully make a false statement in an application
to the department for a license, a temporary training permit, or the
renewal of a license;
(4) falsely impersonate a license holder;
(5) engage in the fitting and dispensing of hearing
instruments when the person's license is suspended or revoked;
(6) dispense or fit a hearing instrument on a person
who has ordered the hearing instrument or device by mail unless the
person dispensing or fitting is a license holder under this chapter
[or under Chapter 401]; or
(7) sell a hearing instrument by mail.
SECTION 12. The following provisions are repealed:
(1) Sections 61.9811(1) and (4), Education Code;
(2) Chapter 401, Occupations Code;
(3) Section 402.202(b), Occupations Code; and
(4) Section 402.209(i), Occupations Code.
SECTION 13. (a) On the effective date of this Act:
(1) a disciplinary proceeding pending before the Texas
Department of Licensing and Regulation relating to an alleged
violation of former Chapter 401, Occupations Code, is dismissed;
(2) the Speech-Language Pathologists and Audiologists
Advisory Board is abolished; and
(3) a license or certificate of registration issued
under former Chapter 401, Occupations Code, expires.
(b) As soon as practicable after the effective date of this
Act, the Texas Commission of Licensing and Regulation shall repeal
all rules regarding the regulation of speech-language pathologists
and audiologists adopted under former Chapter 401, Occupations
Code.
SECTION 14. This Act takes effect September 1, 2017.