Relating to the licensing and regulation of speech-language pathologists and audiologists.

89(R) SB 905 - Enrolled version - Bill Text

S.B. No. 905

AN ACT

relating to the licensing and regulation of speech-language

pathologists and audiologists.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 401.2021, Occupations Code, is amended

to read as follows:

Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. With the

assistance of the advisory board [
and the Hearing Instrument

Fitters and Dispensers Advisory Board
], the commission shall adopt

rules to establish requirements for each sale of a hearing

instrument for purposes of this chapter [
and Chapter 402
]. 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 2. Section 401.304, Occupations Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) To be eligible for licensing as a speech-language

pathologist or audiologist, an applicant must:

(1) if the application is for a license in:

(A) speech-language pathology, possess at least

a master's degree with a major in at least one of the areas of

communicative sciences or disorders [
from a program accredited by a

national accrediting organization that is approved by the

commission or department and recognized by the United States

secretary of education under the Higher Education Act of 1965 (20

U.S.C. Section 1001 et seq.) in an accredited or approved college or

university
]; or

(B) audiology, possess at least
:

(i)
a
master's degree in audiology

conferred on or before December 31, 2007; or

(ii) a
doctoral degree in audiology or a

related hearing science [
from a program accredited by a national

accrediting organization that is approved by the commission or

department and recognized by the United States secretary of

education under the Higher Education Act of 1965 (20 U.S.C. Section

1001 et seq.) in an accredited or approved college or university
];

(2) submit a transcript from a public or private

institution of higher learning showing successful completion of

course work in amounts set by the commission by rule in:

(A) normal development and use of speech,

language, and hearing;

(B) evaluation, habilitation, and rehabilitation

of speech, language, and hearing disorders; and

(C) related fields that augment the work of

clinical practitioners of speech-language pathology and audiology;

(3) have successfully completed at least 36 semester

hours in courses that are acceptable toward a graduate degree by the

college or university in which the courses are taken, at least 24 of

which must be in the professional area for which the license is

requested;

(4) have completed the minimum number of hours,

established by the commission by rule, of supervised clinical

experience with persons who present a variety of communication

disorders; and

(5) have completed the full-time supervised

professional experience, as defined by commission rule, in which

clinical work has been accomplished in the major professional area

for which the license is being sought.

(a-1)

A degree required under Subsection (a)(1) must be

obtained from a program accredited by a national accrediting

organization that is approved by the commission or department and

recognized by the United States secretary of education under the

Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.) in an

accredited or approved college or university.

SECTION 3. Section 401.308, Occupations Code, is amended to

read as follows:

Sec. 401.308. [
PROVISIONAL LICENSE;
] CERTIFICATE OF

CLINICAL COMPETENCE WAIVER. [
(a)

The department may grant a

provisional license to an applicant who:

[
(1)

is licensed in good standing as a speech-language

pathologist or an audiologist in another state that has licensing

requirements that are substantially equivalent to the requirements

of this chapter;

[
(2)

has passed a national or other examination

recognized by the department relating to speech-language pathology

or audiology; and

[
(3)

is sponsored by a license holder with whom the

provisional license holder may practice under this section.

[
(b)

An applicant for a provisional license may be excused

from the requirement of Subsection (a)(3) if the department

determines that compliance with that requirement is a hardship to

the applicant.

[
(c)

A provisional license is valid until the date the

department approves or denies the provisional license holder's

application for a license.

[
(d)

The department shall issue a license under this chapter

to a provisional license holder:

[
(1)

who passes the examination required by Section

401.305;

[
(2)

for whom the department verifies satisfaction of

the academic and experience requirements for a license under this

chapter; and

[
(3)

who satisfies any other license requirements

under this chapter.

[
(e)

The department shall complete the processing of a

provisional license holder's application for a license not later

than the 180th day after the date the provisional license is issued.

[
(f)
] The department may waive the examination requirement

and issue a license to an applicant who holds the Certificate of

Clinical Competence of the American Speech-Language-Hearing

Association.

SECTION 4. Section 401.404, Occupations Code, is amended to

read as follows:

Sec. 401.404. HEARING INSTRUMENT SALES TO MINORS.
(a)
A

licensed audiologist may not sell a hearing instrument to a person

under 18 years of age unless the person or the parent or guardian of

the person presents to the audiologist a written statement signed

by a licensed physician [
who specializes in diseases of the ear
]

stating that:

(1) the person's hearing loss has been medically

evaluated during the six-month period preceding the date the

statement is presented; and

(2) the person may be considered a candidate for a

hearing instrument.

(b)

Whenever practicable, the medical evaluation described

by Subsection (a)(1) should be performed by a licensed physician

who specializes in diseases of the ear.

SECTION 5. 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 6. Section 401.404, Occupations Code, as amended by

this Act, applies only to conduct that occurs on or after the

effective date of this Act. Conduct that occurs before the

effective date of this Act is governed by the law in effect on the

date the conduct occurred, and the former law is continued in effect

for that purpose.

SECTION 7. (a) A provisional license issued under Section

401.308, Occupations Code, before the effective date of this Act

that is in effect on that date continues to be valid until the

license expires, and the provisions of Section 401.308, Occupations

Code, repealed by this Act continue in effect for that purpose.

Chapter 401, Occupations Code, as amended by this Act, continues to

apply to a holder of an unexpired provisional license.

(b) On or after the effective date of this Act, the Texas

Department of Licensing and Regulation may not renew or extend a

provisional license issued under Section 401.308, Occupations

Code, before the effective date of this Act.

(c) A proceeding under Chapter 51 or 401, Occupations Code,

that is pending against a holder of a provisional license on the

date the license expires is terminated on that date.

SECTION 8. This Act takes effect September 1, 2025.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 905 passed the Senate on

May 7, 2025, by the following vote: Yeas 31, Nays 0; and that the

Senate concurred in House amendment on May 30, 2025, by the

following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 905 passed the House, with

amendment, on May 28, 2025, by the following vote: Yeas 123,

Nays 18, two present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor