CHAPTER 401. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE G. PROFESSIONS RELATED TO HEARING, SPEECH, AND DYSLEXIA
CHAPTER 401. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 401.001. DEFINITIONS. In this chapter:
(1) "Audiologist" means a person who meets the qualifications of
this chapter to practice audiology.
(2) "Audiology" means the application of nonmedical principles,
methods, and procedures for measurement, testing, appraisal,
prediction, consultation, counseling, habilitation,
rehabilitation, or instruction related to disorders of the
auditory or vestibular systems for the purpose of providing or
offering to provide services modifying communicative disorders
involving speech, language, or auditory or vestibular function or
other aberrant behavior relating to hearing loss.
(3) "Board" means the State Board of Examiners for
Speech-Language Pathology and Audiology.
(4) "Department" means the Texas Department of Health.
(5) "Speech-language pathologist" means a person who meets the
qualifications of this chapter to practice speech-language
pathology.
(6) "Speech-language pathology" means the application of
nonmedical principles, methods, and procedures for measurement,
testing, evaluation, prediction, counseling, habilitation,
rehabilitation, or instruction related to the development and
disorders of communication, including speech, voice, language,
oral pharyngeal function, or cognitive processes, for the purpose
of evaluating, preventing, or modifying or offering to evaluate,
prevent, or modify those disorders and conditions in an
individual or a group.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of
Examiners for Speech-Language Pathology and Audiology is subject
to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this chapter expires September 1, 2011.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 3.04, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
928, Sec. 4.03, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch.
2, Sec. 1.09, eff. July 10, 2009.
SUBCHAPTER B. APPLICATION OF CHAPTER
Sec. 401.051. PHYSICIANS. (a) This chapter does not prevent or
restrict a physician from engaging in the practice of medicine in
this state.
(b) This chapter does not restrict a licensed physician from
personally conducting a speech or hearing test or evaluation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.052. NURSES. This chapter does not prevent or restrict
a communication, speech, language, or hearing screening, as
defined by board rule, from being conducted by a registered
nurse:
(1) licensed in this state; and
(2) practicing in accordance with the standards of professional
conduct and ethics established by rules adopted by the Texas
Board of Nursing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 46, eff. September 1, 2007.
Sec. 401.053. PERSONS TRAINED BY DEPARTMENT. (a) This chapter
does not apply to a person who shows evidence of having received
training by the department in a communication, speech, language,
or hearing screening training program approved by the department
if the person's activity is limited to screening as defined by
board rule.
(b) A person who has received training by the department in a
program under Subsection (a) may not:
(1) practice speech-language pathology or audiology; or
(2) represent that the person is a speech-language pathologist
or audiologist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.054. PERSONS CERTIFIED BY TEXAS EDUCATION AGENCY. (a)
This chapter does not prevent or restrict the activities and
services or the use of an official title by a person who is
certified in speech-language pathology by the Texas Education
Agency if the person only performs speech-language pathology or
audiology services as part of the person's duties within an
agency, institution, or organization under the jurisdiction of
the Texas Education Agency.
(b) The Texas Education Agency certificate in speech-language
pathology must require an applicant to:
(1) hold a master's degree in communicative disorders or the
equivalent from a university program accredited by the American
Speech-Language-Hearing Association; and
(2) pass a national examination in speech-language pathology or
audiology approved by the board.
(c) A person affected by this section who performs work as a
speech-language pathologist or audiologist in addition to
performing the person's duties within an agency, institution, or
organization under the jurisdiction of the Texas Education Agency
is required to hold a license issued by the board unless that
work is limited to speech and hearing screening procedures
performed without compensation.
(d) For the purposes of Subsection (b)(1), an applicant's
educational credentials are equivalent to a master's degree in
communicative disorders if the credentials:
(1) consist of graduate-level course work and practicum from a
program accredited by the American Speech-Language-Hearing
Association; and
(2) meet requirements that are the same as those established by
the board for a license in speech-language pathology or
audiology.
(e) The clinical fellowship year experience or internship may
not be a requirement for the Texas Education Agency certificate
in speech-language pathology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.055. UNIVERSITY OR COLLEGE TEACHERS. This chapter does
not restrict the use of an official title by a person teaching in
a university or college training program, if the person:
(1) is not engaged in the practice of speech-language pathology
or audiology; and
(2) does not supervise a person engaged in the practice of
speech-language pathology or audiology.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.056. STUDENTS. This chapter does not restrict the
activities and services of a student pursuing a course of study
leading to a degree in speech-language pathology or audiology at
a college or university accredited by the Southern Association of
Colleges and Universities or its equivalent if:
(1) the activities and services are part of the student's
supervised course of study;
(2) the student is supervised by a person licensed under this
chapter; and
(3) the student is designated as a "Speech-Language Pathology
Trainee," an "Audiology Trainee," or by another title that
clearly indicates the student's professional preparation status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.057. HEARING CONSERVATION PROGRAM. This chapter does
not prevent a person in an industrial setting from engaging in
hearing testing as a part of a hearing conservation program in
compliance with federal Occupational Safety and Health
Administration regulations if the person is certified by an
agency acceptable to the Occupational Safety and Health
Administration.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.058. APPLICATION TO HEARING INSTRUMENT FITTERS AND
DISPENSERS. (a) This chapter does not prevent or restrict a
person licensed under Chapter 402 from engaging in the practice
of fitting and dispensing hearing instruments.
(b) This chapter does not prohibit a fitter and dispenser of
hearing instruments licensed under Chapter 402 from measuring
human hearing by any means, including an audiometer, to make a
selection, adaptation, or sale of a hearing instrument,
including:
(1) making impressions for earmolds to be used as part of a
hearing instrument; and
(2) providing post-fitting counseling to fit and dispense
hearing instruments.
(c) A person who is not an audiologist who is licensed to fit
and dispense hearing instruments under Chapter 402 may not:
(1) practice speech-language pathology or audiology; or
(2) represent that the person is a speech-language pathologist
or audiologist by the use of any term restricted by this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.059. APPLICATION TO OTHER LICENSED PROFESSIONALS. This
chapter does not prevent a person licensed in this state under
another law from engaging in the profession for which the person
is licensed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.060. MEDICAL PRACTICE. This chapter does not permit a
person to perform an act that violates Subtitle B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE
PATHOLOGY AND AUDIOLOGY
Sec. 401.101. BOARD WITHIN HEALTH DEPARTMENT. The State Board
of Examiners for Speech-Language Pathology and Audiology is
within the Texas Department of Health.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.102. BOARD MEMBERSHIP. (a) The board consists of nine
members appointed by the governor as follows:
(1) three audiologist members;
(2) three speech-language pathologist members; and
(3) three members who represent the public.
(b) Board members must:
(1) have been a resident of this state for the two years
preceding the date of appointment;
(2) be from the various geographic regions of the state; and
(3) be from varying employment settings.
(c) The board members appointed under Subsections (a)(1) and (2)
must:
(1) have been engaged in teaching, research, or providing
services in speech-language pathology or audiology for at least
five years; and
(2) be licensed under this chapter.
(d) One of the public board members must be a physician licensed
in this state and certified in otolaryngology or pediatrics.
(e) Appointments to the board shall be made without regard to
the race, creed, sex, religion, or national origin of the
appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.103. ELIGIBILITY OF PUBLIC MEMBERS. The two public
members of the board who are not physicians may not:
(1) be licensed by an occupational regulatory agency in the
field of health care;
(2) be employed by and participating in the management of an
agency or business entity that provides health care services or
that sells, manufactures, or distributes health care supplies or
equipment;
(3) own, control, or have a direct or indirect interest of more
than 10 percent in a business entity that provides health care
services or that sells, manufactures, or distributes health care
supplies or equipment; or
(4) be an officer, employee, or paid consultant of a trade
association in the field of health care.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.104. MEMBERSHIP RESTRICTIONS. (a) A board member may
not be related within the second degree by consanguinity or
affinity, as determined under Subchapter B, Chapter 573,
Government Code, to an officer, employee, or paid consultant of a
trade association in the field of health care.
(b) A person may not serve as a member of the board or act as
the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities in a health-related area.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.105. TERMS. (a) Members are appointed for staggered
six-year terms. The terms of three members expire September 1 of
each odd-numbered year.
(b) A person may not be appointed to serve more than two
consecutive terms.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.106. COMPENSATION; PER DIEM. (a) A board member may
not receive compensation for the member's services.
(b) A member is entitled to a per diem and travel allowance for
each day the member engages in board business at the rate set for
state employees in the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.107. BOARD OFFICERS. (a) The board shall organize
itself annually and select a presiding officer, assistant
presiding officer, and secretary-treasurer.
(b) The presiding officer must hold a license under this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.108. MEETINGS. (a) The board shall hold at least two
regular meetings each year.
(b) Additional meetings may be held at the call of the presiding
officer or on the written request of any three members of the
board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. BOARD PERSONNEL
Sec. 401.151. EMPLOYEES. The department shall provide
administrative and clerical employees necessary to administer
this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.152. DIVISION OF RESPONSIBILITIES. The board shall
develop and implement policies that clearly define the respective
responsibilities of the board and the staff of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. BOARD AND DEPARTMENT POWERS AND DUTIES
Sec. 401.201. GENERAL POWERS AND DUTIES. (a) With the
assistance of the department, the board shall:
(1) administer, coordinate, and enforce this chapter;
(2) evaluate the qualifications of license applicants;
(3) provide for the examination of license applicants;
(4) in connection with a hearing under Section 401.454, issue
subpoenas, examine witnesses, and administer oaths under the laws
of this state;
(5) conduct hearings and keep records and minutes necessary to
the orderly administration of this chapter; and
(6) investigate persons engaging in practices that violate this
chapter.
(b) The board may appoint subcommittees to work under its
jurisdiction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.171(a), eff.
Sept. 1, 2001.
Sec. 401.202. RULEMAKING AUTHORITY. The board shall adopt rules
necessary to administer and enforce this chapter, including rules
that establish standards of ethical practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.203. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall adopt a form to standardize information concerning
complaints made to the board.
(b) The board by rule shall prescribe information to be provided
to a person when the person files a complaint with the board.
(c) The board shall provide reasonable assistance to a person
who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.204. FEES. (a) The board by rule shall establish fees
in amounts reasonable and necessary so that the fees in the
aggregate are sufficient to cover the costs of administering this
chapter.
(b) All expenses for the administration of this chapter shall be
paid from fees collected by the board under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.205. SEAL. The board shall adopt a seal to
authenticate its proceedings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.206. LEGAL REPRESENTATION. The board shall be
represented by the attorney general and the district and county
attorneys of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.207. TRAINING. Each board member shall comply with the
board member training requirements established by any other state
agency authorized to establish the requirements for the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. PUBLIC ACCESS AND INFORMATION
Sec. 401.251. COMPLAINTS. The board shall list with its regular
telephone number any toll-free telephone number established under
other state law that may be called to present a complaint about a
health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.252. RECORDS OF COMPLAINTS. (a) The board shall keep
an information file about each complaint filed with the board.
The file must be current and contain a record for each complaint
of:
(1) each person contacted in relation to the complaint;
(2) a summary of findings made at each step of the complaint
process;
(3) for a complaint that is dismissed, an explanation of the
legal basis and reason for dismissal;
(4) the schedule established for the complaint under Section
401.253(b)(2) and a notation of any change in the schedule; and
(5) other relevant information.
(b) If a written complaint is filed with the board that the
board has authority to resolve, the board, at least quarterly and
until final disposition of the complaint, shall notify the
parties to the complaint of the status of the complaint unless
the notice would jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.253. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt rules concerning the
investigation of a complaint filed with the board. The rules
must:
(1) distinguish among categories of complaints;
(2) ensure that a complaint is not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint; and
(5) prescribe guidelines concerning the categories of complaints
that require the use of a private investigator and the procedures
for the board to obtain the services of a private investigator.
(b) The board shall:
(1) dispose of each complaint in a timely manner; and
(2) establish a schedule for conducting each phase of a
complaint investigation that is under the control of the board
not later than the 30th day after the date the complaint is
received by the board.
(c) Each party to a complaint shall be notified of the projected
time requirements for pursuing the complaint.
(d) Each party to the complaint shall be notified of any change
in the schedule established under Subsection (b)(2) not later
than the seventh day after the date the change is made.
(e) The director of the board shall notify the board of a
complaint that is not resolved within the time prescribed by the
board for resolving the complaint so that the board may take
necessary action on the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.2535. COMPLAINT INVESTIGATION; SUBPOENA. (a) In an
investigation of a complaint filed with the board, the board may
request that the commissioner of public health or the
commissioner's designee approve the issuance of a subpoena. If
the request is approved, the board may issue a subpoena to compel
the attendance of a relevant witness or the production, for
inspection or copying, of relevant evidence that is in this
state.
(b) A subpoena may be served personally or by certified mail.
(c) If a person fails to comply with a subpoena, the board,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or in the county in
which a hearing conducted by the board may be held.
(d) On finding that good cause exists for issuing the subpoena,
the court shall order the person to comply with the subpoena. The
court may punish a person who fails to obey the court order.
(e) The board may delegate the authority granted under
Subsection (a) to the secretary-treasurer of the board.
(f) The board shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the
amount the board may charge for copies of its records.
(g) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(h) All information and materials subpoenaed or compiled by the
board in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved
in discipline of the holder of a license, except that this
information may be disclosed to:
(1) persons involved with the board in a disciplinary action
against the holder of a license;
(2) professional speech-language pathologist and audiologist
licensing or disciplinary boards in other jurisdictions;
(3) peer assistance programs approved by the board under Chapter
467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the board against a holder
of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions,
including warnings and reprimands, by the board are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.172(a), eff.
Sept. 1, 2001.
Sec. 401.254. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER G. LICENSE REQUIREMENTS
Sec. 401.301. LICENSE REQUIRED. A person may not practice
speech-language pathology or audiology or represent that the
person is a speech-language pathologist or audiologist in this
state unless the person holds a license under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.302. ISSUANCE OF LICENSE. (a) The board shall issue a
license to an applicant who meets the requirements of this
chapter and who pays to the board the initial nonrefundable
license fee.
(b) The board may issue to an applicant a license in either
speech-language pathology or audiology.
(c) The board may issue a license in both speech-language
pathology and audiology to an applicant.
(d) The board by rule shall establish qualifications for dual
licensing in speech-language pathology and audiology and may
develop a full range of licensing options and establish rules for
qualifications.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.303. LICENSE APPLICATION. (a) A person who desires a
license under this chapter must apply to the board on a form and
in the manner the board prescribes.
(b) The application must be accompanied by a nonrefundable
application fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.304. APPLICANT ELIGIBILITY. (a) To be eligible for
licensing as a speech-language pathologist or audiologist, an
applicant must:
(1) 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 the American Speech-Language-Hearing
Association 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 board 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 and at least six of which must be:
(A) in audiology if the application is for a speech-language
pathology license; or
(B) in speech-language pathology if the application is for an
audiology license;
(4) have completed the minimum number of hours, established by
the board, 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 board rule, in which clinical work has
been accomplished in the major professional area for which the
license is being sought.
(b) Clinical experience required under Subsection (a)(4) must be
obtained:
(1) in the applicant's educational institution or in one of the
institution's cooperating programs; and
(2) under the supervision of a person holding a license to
practice speech-language pathology or audiology.
(c) Supervised professional experience under Subsection (a)(5)
must:
(1) be under the supervision of a qualified person acceptable to
the board under guidelines approved by the board; and
(2) begin after completion of the academic and clinical
experience required by this section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.305. EXAMINATION. (a) To obtain a license, an
applicant must:
(1) pass a validated examination approved by the board; and
(2) pay fees in a manner prescribed by the board.
(b) The board shall:
(1) administer an examination at least twice each year;
(2) determine standards for acceptable performance on the
examination; and
(3) maintain a record of all examination scores for at least two
years after the date of examination.
(c) The board by rule may:
(1) establish procedures for the administration of the
examination; and
(2) require a written or oral examination, or both.
(d) The board may examine an applicant in any theoretical or
applied field of speech-language pathology or audiology it
considers appropriate. The board may examine an applicant on
professional skills and judgment in the use of speech-language
pathology or audiology techniques or methods.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.306. EXAMINATION RESULTS. (a) The board shall notify
each examinee of the results of the examination not later than
the 30th day after the date the examination is administered. If
an examination is graded or reviewed by a national or state
testing service that does not directly notify examinees of the
examination results, the board shall notify each examinee of the
results not later than the 14th day after the date the board
receives the results from the testing service.
(b) If the notice of examination results graded or reviewed by a
national or state testing service will be delayed for longer than
90 days after the examination date, the board shall notify the
examinee of the reason for the delay before the 90th day.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.307. REEXAMINATION. (a) A person who fails the
examination may take a subsequent examination on payment of a
nonrefundable fee for the subsequent examination.
(b) An applicant who fails two examinations may not be
reexamined until the person:
(1) submits a new application accompanied by a nonrefundable
application fee; and
(2) presents evidence acceptable to the board of additional
study in the area for which a license is sought.
(c) To request an analysis of the person's performance on the
examination, a person who fails a licensing examination
administered under this chapter must contact the testing service
that administered the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.308. PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL
COMPETENCE WAIVER. (a) The board 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
board 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 board determines that
compliance with that requirement is a hardship to the applicant.
(c) A provisional license is valid until the date the board
approves or denies the provisional license holder's application
for a license.
(d) The board 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 board 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 board 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 board 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.309. TEMPORARY LICENSE. The board by rule may provide
for the issuance of a temporary license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.310. TEMPORARY CERTIFICATE OF REGISTRATION. (a) The
board shall issue a temporary certificate of registration to an
applicant who:
(1) satisfies the requirements of Section 401.304;
(2) has not previously applied to take the examination; and
(3) pays the nonrefundable application fee.
(b) A holder of a temporary certificate of registration may
practice speech-language pathology or audiology for a period
ending eight weeks after the date the examination concludes.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.311. INTERN LICENSE. (a) A license applicant who has
completed only the requirements of Sections 401.304(a)(1)-(4) may
be licensed as an intern under this chapter.
(b) An applicant who has successfully completed the academic and
clinical requirements of Sections 401.304(a)(1)-(4) but who has
not had the degree officially conferred on the applicant may be
licensed as an intern under this chapter.
(c) The board by rule shall:
(1) prescribe the terms governing a person's practice as an
intern under this section; and
(2) establish general guidelines and renewal procedures for the
holder of an intern license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.312. LICENSED ASSISTANTS. (a) The board may establish
minimum qualifications for licensed assistants in speech-language
pathology and in audiology.
(b) A licensed assistant in speech-language pathology or in
audiology must meet the minimum qualifications established by the
board.
(c) A licensed assistant in speech-language pathology shall work
under the direction of a licensed speech-language pathologist.
(d) The qualifications for licensing as a licensed assistant in
speech-language pathology must be uniform and be less stringent
than the requirements under this chapter for a speech-language
pathologist license.
(e) A licensed assistant in audiology shall work under the
direction of a licensed audiologist.
(f) The qualifications for licensing as a licensed assistant in
audiology must be uniform and be less stringent than the
requirements under this chapter for an audiologist license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.313. INACTIVE STATUS. (a) The board 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.314. LIMITED LICENSE TO PRACTICE IN PUBLIC SCHOOLS.
(a) The board shall waive the licensing requirements under this
chapter and issue a limited license to practice in the public
schools as a fully licensed speech-language pathologist to an
applicant who:
(1) was eligible for a waiver of licensing requirements under
Section 13(a), Chapter 381, Acts of the 68th Legislature, Regular
Session, 1983, as amended by Chapter 448, Acts of the 69th
Legislature, Regular Session, 1985;
(2) for the two years preceding January 1, 1996, was employed by
a school district as a speech-language therapist;
(3) submits with the person's application a written statement by
the superintendent of the school district employing the person,
certifying that the district has not been able to employ as a
speech-language pathologist a person who meets the licensing
requirements imposed under this chapter;
(4) holds a baccalaureate degree in communication disorders
(speech-language) from an accredited institution of higher
education and is certified by the Texas Education Agency in
speech and hearing therapy or, in the judgment of the board,
satisfies equivalent requirements; and
(5) successfully completes the examination required under
Section 401.305.
(b) The board shall waive the licensing requirements imposed
under this chapter and issue a limited license to practice in the
public schools as a fully licensed speech-language pathologist to
a person who:
(1) meets the requirements of Subsections (a)(2)-(5); and
(2) is enrolled in a program of study toward a master's degree
with a major in at least one of the areas of communicative
sciences or disorders from a program accredited by the American
Speech-Language-Hearing Association in a regionally accredited
college or university.
(c) Beginning September 1, 1998, and biennially after that date,
a person licensed under Subsection (b) must demonstrate in a
manner prescribed by the board that the person has successfully
completed in the preceding two-year period at least 12 hours of
course work toward completing a master's degree described by
Subsection (b)(2).
(d) A person who holds a limited license issued under this
section may apply for a full license as provided by this chapter.
(e) An applicant for a limited license must have:
(1) applied not later than September 1, 1996; and
(2) provided proof satisfactory to the board that the person
satisfies the requirements of this section.
(f) A person must complete the requirements for a license under
this section not later than January 1, 2003.
(g) This section expires on the effective date of any federal
requirement that a speech-language pathologist hold a master's
degree as a condition for receipt of federal funding by the
entity employing the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER H. LICENSE EXPIRATION AND RENEWAL
Sec. 401.351. EXPIRATION. (a) The board by rule may adopt a
system under which licenses expire on various dates during the
year.
(b) For the year in which the license expiration date is
changed, license fees payable on the original expiration date
shall be prorated on a monthly basis so that each license holder
pays only the portion of the license fee that is allocable to the
number of months during which the license is valid. On renewal of
the license on the new expiration date, the total license renewal
fee is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.352. LICENSE RENEWAL. (a) Each licensed
speech-language pathologist or audiologist must annually pay the
nonrefundable fee for license renewal. The board shall allow a
60-day grace period. After expiration of the grace period, the
board may renew a license on payment of a penalty set by board
rule.
(b) An application for a license filed not later than the second
anniversary of the license expiration date is considered an
application for renewal. The board may not require a person who
applies for renewal on or before the second anniversary of the
license expiration date to take an examination as a condition of
renewal.
(c) A person whose license has been expired for two years or
more may not renew the license. The person may obtain a new
license by complying with the requirements and procedures for
obtaining an original license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.353. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The board may renew without reexamination an
expired license of a person who was licensed in this state within
the three years preceding application for renewal and who is
currently licensed and has been in practice in another state for
the two years preceding the application date.
(b) The person must pay to the board a fee that is equal to the
amount of the license examination fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.354. MEDICAL HARDSHIP. The board may adopt rules
concerning the reinstatement of a license in a case of medical
hardship.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.355. CONTINUING EDUCATION. (a) The board shall
establish uniform mandatory continuing education requirements. A
license holder may not renew the person's license unless the
person meets the continuing education requirements.
(b) The board shall establish the 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 board 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER I. PRACTICE BY LICENSE HOLDER
Sec. 401.401. AUDIOMETRIC TESTING. (a) If audiometric testing
is not conducted in a stationary acoustical enclosure,
sound-level measurements must be conducted at the time of the
testing to ensure that ambient noise levels meet permissible
standards for testing threshold to 20 dB based on the most recent
American National Standards Institute "ears covered" octave band
criteria for permissible ambient noise levels during audiometric
testing.
(b) A dBa equivalent level may be used to determine compliance.
(c) The board shall adopt rules necessary to enforce this
section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.402. PRACTICE BY SPEECH-LANGUAGE PATHOLOGISTS. (a) A
speech-language pathologist may perform basic audiometric
screening tests and aural habilitation or rehabilitation.
(b) A person licensed as a speech-language pathologist under
this chapter may not fit, dispense, or sell hearing instruments
unless the person meets the specific requirements for fitting and
dispensing hearing instruments under this chapter or Chapter 402.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.403. PRACTICE BY AUDIOLOGISTS. (a) An audiologist
may:
(1) engage in any act necessary to:
(A) evaluate hearing;
(B) train in the use of amplification, including hearing
instruments;
(C) make earmolds for hearing instruments;
(D) fit, dispense, and sell hearing instruments; or
(E) manage cerumen;
(2) participate in consultation regarding noise control and
hearing conservation;
(3) provide evaluations of environment or equipment, including
calibration of equipment used in testing auditory functioning and
hearing conservation; and
(4) perform basic speech and language screening tests and
procedures consistent with the audiologist's training.
(b) A person who meets the requirements of this chapter for
licensing as an audiologist or audiologist intern and who fits
and dispenses hearing instruments must:
(1) register with the board the person's intention to fit and
dispense hearing instruments;
(2) comply with the profession's code of ethics;
(3) comply with the federal Food and Drug Administration
guidelines for fitting and dispensing hearing instruments;
(4) when providing services in this state, use a written
contract that contains the board's name, mailing address, and
telephone number; and
(5) follow the guidelines adopted by board rule for a 30-day
trial period on every hearing instrument purchased.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
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 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER J. LICENSE DENIAL AND DISCIPLINARY PROCEDURES
Sec. 401.451. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
ACTION. (a) After a hearing, the board may deny a license to an
applicant or may suspend or revoke a person's license or place on
probation a license holder if the applicant or license holder:
(1) violates this chapter or an order or rule of the board;
(2) obtains a license by means of fraud, misrepresentation, or
concealment of a material fact;
(3) sells, barters, or offers to sell or barter a license or
certificate of registration; or
(4) engages in unprofessional conduct that:
(A) endangers or is likely to endanger the health, welfare, or
safety of the public as defined by board rule; or
(B) violates the code of ethics adopted and published by the
board.
(b) Any person may commence a proceeding for revocation or
suspension of a license by filing written charges with the board
under oath.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.452. MONITORING OF LICENSE HOLDER. (a) The board by
rule shall develop a system for monitoring a license holder's
compliance with this chapter.
(b) Rules adopted under this section must include procedures to:
(1) monitor for compliance a license holder who is ordered by
the board to perform certain acts; and
(2) identify and monitor license holders who represent a risk to
the public.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.453. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR
CRIMINAL CONVICTION. (a) The board 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 board 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 a 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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.454. ADMINISTRATIVE PROCEDURE. (a) Except as provided
by this subchapter, a proceeding to deny a license application or
to take disciplinary action against a license holder is subject
to Chapter 2001, Government Code.
(b) A person whose application for a license is denied is
entitled to a hearing before the board if the person submits a
written request to the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.455. INFORMAL PROCEDURES. (a) The board by rule shall
adopt procedures governing:
(1) informal disposition of a contested case under Section
2001.056, Government Code; and
(2) informal proceedings held in compliance with Section
2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant, if applicable and permitted by law,
an opportunity to be heard;
(2) provide the license holder an opportunity to be heard; and
(3) require the presence of a legal representative of the
department who represents the board or the board's employees or a
representative of the attorney general to advise the board or the
board's employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.456. SCHEDULE OF SANCTIONS. The board shall use the
schedule of sanctions adopted by board rule for any sanction
imposed as the result of a hearing conducted by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.457. 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 board may:
(1) accept or reject the application; and
(2) require an examination as a condition for reinstatement of
the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.458. PROBATION. The board may require a license holder
whose license suspension is probated to:
(1) report regularly to the board on matters that are the basis
of the probation;
(2) limit practice to the areas prescribed by the board; or
(3) continue or review continuing professional education until
the license holder attains a degree of skill satisfactory to the
board in those areas that are the basis of the probation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.459. REPRIMAND; CONTINUING EDUCATION. (a) In addition
to other disciplinary action authorized by this subchapter, the
board 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 board 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).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.460. EMERGENCY SUSPENSION. (a) The board or a
three-member committee of board members designated by the board
shall temporarily suspend the license of a license holder if the
board or committee determines from the evidence or information
presented to it that continued practice by the license holder
would constitute a continuing and imminent threat to the public
welfare.
(b) A license may be suspended under this section without notice
or hearing on the complaint if:
(1) action is taken to initiate proceedings for a hearing before
the State Office of Administrative Hearings simultaneously with
the temporary suspension; and
(2) a hearing is held as soon as practicable under this chapter
and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension to determine if there is probable cause
to believe that a continuing and imminent threat to the public
welfare still exists. A final hearing on the matter shall be held
not later than the 61st day after the date of the temporary
suspension.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 4, eff. Sept. 1,
2003.
SUBCHAPTER K. PENALTIES AND OTHER ENFORCEMENT PROVISIONS
Sec. 401.501. DECEPTIVE TRADE PRACTICE. A violation of Section
401.301 is a deceptive trade practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.502. INJUNCTION. The board may apply to a district
court in any county for an injunction or another order to
restrain the violation of this chapter by a person other than a
license holder under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 401.503. CRIMINAL OFFENSE. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is a misdemeanor punishable
by:
(1) confinement in the county jail for a period not to exceed
six months;
(2) a fine not to exceed $1,000; or
(3) both the confinement and the fine.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER L. ADMINISTRATIVE PENALTY
Sec. 401.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The board
may impose an administrative penalty on a person licensed under
this chapter who violates this chapter or a rule or order adopted
under this chapter.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount
of the administrative penalty may not be less than $50 or more
than $5,000 for each violation. Each day a violation continues or
occurs is a separate violation for the purpose of imposing a
penalty.
(b) The amount shall be based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation;
(2) the economic harm caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) efforts to correct the violation; and
(6) any other matter that justice may require.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.553. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)
If the commissioner of public health or the commissioner's
designee determines that a violation occurred, the commissioner
or the designee may issue to the board a report stating:
(1) the facts on which the determination is based; and
(2) the commissioner's or the designee's recommendation on the
imposition of an administrative penalty, including a
recommendation on the amount of the penalty.
(b) Within 14 days after the date the report is issued, the
commissioner of public health or the commissioner's designee
shall give written notice of the report to the person. The notice
must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended administrative penalty;
and
(3) inform the person of the person's right to a hearing on the
occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Within 10 days after the date the person receives the notice, the
person in writing may:
(1) accept the determination and recommended administrative
penalty of the commissioner of public health or the
commissioner's designee; or
(2) make a request for a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(b) If the person accepts the determination and recommended
penalty of the commissioner of public health or the
commissioner's designee, the board by order shall approve the
determination and impose the recommended penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.555. HEARING. (a) If the person requests a hearing or
fails to respond in a timely manner to the notice, the
commissioner of public health or the commissioner's designee
shall set a hearing and give written notice of the hearing to the
person.
(b) An administrative law judge of the State Office of
Administrative Hearings shall hold the hearing.
(c) The administrative law judge shall make findings of fact and
conclusions of law and promptly issue to the board a proposal for
a decision about the occurrence of the violation and the amount
of a proposed administrative penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.556. DECISION BY BOARD. (a) Based on the findings of
fact, conclusions of law, and proposal for decision, the board by
order may determine that:
(1) a violation occurred and impose an administrative penalty;
or
(2) a violation did not occur.
(b) The notice of the board's order given to the person must
include a statement of the right of the person to judicial review
of the order.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)
Within 30 days after the date the board's order becomes final,
the person shall:
(1) pay the administrative penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving the court a supersedeas bond approved by the court
that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review of the board's order
is final; or
(2) request the court to stay enforcement of the penalty by:
(A) filing with the court a sworn affidavit of the person
stating that the person is financially unable to pay the penalty
and is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the commissioner of public
health or the commissioner's designee by certified mail.
(c) If the commissioner of public health or the commissioner's
designee receives a copy of an affidavit under Subsection (b)(2),
the commissioner or the designee may file with the court, within
five days after the date the copy is received, a contest to the
affidavit.
(d) The court shall hold a hearing on the facts alleged in the
affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
person who files an affidavit has the burden of proving that the
person is financially unable to pay the penalty and to give a
supersedeas bond.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.558. COLLECTION OF PENALTY. (a) If the person does
not pay the administrative penalty and the enforcement of the
penalty is not stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.559. DETERMINATION BY COURT. (a) If the court
sustains the determination that a violation occurred, the court
may uphold or reduce the amount of the administrative penalty and
order the person to pay the full or reduced amount of the
penalty.
(b) If the court does not sustain the finding that a violation
occurred, the court shall order that a penalty is not owed.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.560. REMITTANCE OF PENALTY AND INTEREST. (a) If the
person paid the administrative penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
person.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on the
date the penalty is paid and ending on the date the penalty is
remitted.
(d) If the person gave a supersedeas bond and the penalty is not
upheld by the court, the court shall order, when the court's
judgment becomes final, the release of the bond.
(e) If the person gave a supersedeas bond and the amount of the
penalty is reduced, the court shall order the release of the bond
after the person pays the reduced amount.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.
Sec. 401.561. ADMINISTRATIVE PROCEDURE. A proceeding under this
subchapter is a contested case under Chapter 2001, Government
Code.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 5, eff. Sept. 1,
2003.