89R5475 RAL-F     By: Zaffirini S.B. No. 905       A BILL TO BE ENTITLED   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. The [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 401.308, 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 3.  Section 401.404, Occupations Code, is amended to   read as follows:          Sec. 401.404.  HEARING INSTRUMENT SALES TO MINORS. 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, including a 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.          SECTION 4.  Section 402.1021, Occupations Code, is amended   to read as follows:          Sec. 402.1021.  RULES FOR HEARING INSTRUMENTS. The [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 5.  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 6.  (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 7.  This Act takes effect September 1, 2025.