CHAPTER 403. LICENSED DYSLEXIA PRACTITIONERS AND LICENSED DYSLEXIA THERAPISTS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE G. PROFESSIONS RELATED TO HEARING, SPEECH, AND DYSLEXIA
CHAPTER 403. LICENSED DYSLEXIA PRACTITIONERS AND LICENSED
DYSLEXIA THERAPISTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 403.001. DEFINITIONS. In this chapter:
(1) "Commissioner" means the commissioner of state health
services.
(2) "Department" means the Department of State Health Services.
(3) "Executive commissioner" means the executive commissioner of
the Health and Human Services Commission.
(4) "License holder" means a person who holds a license issued
under this chapter.
(5) "Multisensory structured language education" means a program
described by the International Multisensory Structured Language
Education Council for the treatment of individuals with dyslexia
and related disorders that provides instruction in the skills of
reading, writing, and spelling:
(A) through program content that includes:
(i) phonology and phonological awareness;
(ii) sound and symbol association;
(iii) syllables;
(iv) morphology;
(v) syntax; and
(vi) semantics; and
(B) following principles of instruction that include:
(i) simultaneous multisensory instruction, including
visual-auditory-kinesthetic-tactile instruction;
(ii) systematic and cumulative instruction;
(iii) explicit instruction;
(iv) diagnostic teaching to automaticity; and
(v) synthetic and analytic instruction.
(6) "Qualified instructor" means a person described by Section
403.110.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.002. ADMINISTRATION BY DEPARTMENT OF STATE HEALTH
SERVICES. The department shall administer this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.003. APPLICABILITY. This chapter does not:
(1) require a school district to employ a person licensed under
this chapter;
(2) require an individual who is licensed under Chapter 501 to
obtain a license under this chapter; or
(3) authorize a person who is not licensed under Chapter 401 to
practice audiology or speech-language pathology.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 403.051. ADVISORY COMMITTEE. The department shall appoint
an advisory committee to advise the department in administering
this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.052. RULES. The executive commissioner shall adopt
rules necessary to administer and enforce this chapter, including
rules that establish standards of ethical practice.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
SUBCHAPTER C. LICENSE REQUIREMENTS
Text of section effective on September 01, 2010
Sec. 403.101. LICENSE REQUIRED. A person may not use the title
"licensed dyslexia practitioner" or "licensed dyslexia therapist"
in this state unless the person holds the appropriate license
under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Sec. 403.102. ISSUANCE OF LICENSE. The department shall issue a
licensed dyslexia practitioner or licensed dyslexia therapist
license to an applicant who meets the requirements of this
chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.103. LICENSE APPLICATION. (a) A license applicant
must apply to the department on a form and in the manner the
department prescribes.
(b) The application must be accompanied by a nonrefundable
application fee.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.104. ELIGIBILITY FOR LICENSED DYSLEXIA PRACTITIONER
LICENSE. (a) To be eligible for a licensed dyslexia
practitioner license, an applicant must have:
(1) earned a bachelor's degree from an accredited public or
private institution of higher education;
(2) successfully completed at least 45 hours of course work in
multisensory structured language education from a training
program that meets the requirements of Section 403.106;
(3) completed at least 60 hours of supervised clinical
experience in multisensory structured language education;
(4) completed at least five demonstration lessons of the
practice of multisensory structured language education, each
observed by an instructor from a training program that meets the
requirements of Section 403.106 and followed by a conference with
and a written report by the instructor; and
(5) successfully completed a national multisensory structured
language education competency examination approved by the
department and administered by a national certifying professional
organization.
(b) Clinical experience required under Subsection (a)(3) must be
obtained under:
(1) the supervision of a qualified instructor or an instructor
from an accredited training program that meets the requirements
of Section 403.106; and
(2) guidelines approved by the department.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.105. ELIGIBILITY FOR LICENSED DYSLEXIA THERAPIST
LICENSE. (a) To be eligible for a licensed dyslexia therapist
license, an applicant must have:
(1) earned at least a master's degree from an accredited public
or private institution of higher education;
(2) successfully completed at least 200 hours of course work in
multisensory structured language education from a training
program that meets the requirements of Section 403.106;
(3) completed at least 700 hours of supervised clinical
experience in multisensory structured language education;
(4) completed at least 10 demonstration lessons of the practice
of multisensory structured language education, each observed by
an instructor from a training program that meets the requirements
of Section 403.106 and followed by a conference with and a
written report by the instructor; and
(5) successfully completed a national multisensory structured
language education competency examination approved by the
department and administered by a national certifying professional
organization.
(b) Clinical experience required under Subsection (a)(3) must be
obtained under:
(1) the supervision of a qualified instructor or an instructor
from an accredited training program that meets the requirements
of Section 403.106; and
(2) guidelines approved by the department.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.106. REQUIREMENTS FOR TRAINING PROGRAMS. (a) For
purposes of determining whether an applicant satisfies the
training requirements for a license under this chapter, a
multisensory structured language education training program
completed by the applicant must:
(1) be accredited by a nationally recognized accrediting
organization;
(2) have in writing defined goals and objectives, areas of
authority, and policies and procedures;
(3) have the appropriate financial and management resources to
operate the training program, including a knowledgeable
administrator and standard accounting and reporting procedures;
(4) have a physical site, equipment, materials, supplies, and
environment suitable for the training program;
(5) have a sufficient number of instructional personnel who have
completed the requirements for certification in multisensory
structured language education;
(6) have been reviewed by multisensory structured language
education professionals who are not affiliated with the training
program;
(7) have developed and followed procedures to maintain and
improve the quality of training provided by the program;
(8) have provided direct instruction in the principles and in
each element of multisensory structured language education for a
minimum of:
(A) 200 contact hours of course work for training program
participants who seek a licensed dyslexia therapist license; and
(B) 45 contact hours of course work for training program
participants who seek a licensed dyslexia practitioner license;
(9) have required training program participants to complete a
program of supervised clinical experience in which the
participants provided multisensory structured language education
to students or adults, either individually or in small groups for
a minimum of:
(A) 700 hours for training program participants who seek a
licensed dyslexia therapist license; and
(B) 60 hours for training program participants who seek a
licensed dyslexia practitioner license;
(10) have required training program participants to demonstrate
the application of multisensory structured language education
principles of instruction by completing demonstration lessons
observed by an instructor and followed by a conference with and a
written report by the instructor; and
(11) have provided instruction based on the Texas Education
Agency publication "The Dyslexia Handbook: Procedures Concerning
Dyslexia and Related Disorders (2007)," or a revised version of
that publication approved by the department.
(b) A training program must require a training program
participant who seeks a licensed dyslexia practitioner license to
have completed at least five demonstration lessons described by
Subsection (a)(10) and a participant who seeks a licensed
dyslexia therapist license to have completed at least 10
demonstration lessons.
(c) The department, in consultation with the advisory committee,
shall determine whether a training program meets the requirements
of this section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.107. EXAMINATION; RULES. (a) To obtain a license, an
applicant must:
(1) pass a written examination approved by the department under
Subsection (b); and
(2) pay fees set by the executive commissioner.
(b) The department shall, in consultation with the advisory
committee:
(1) identify and designate a competency examination that is
related to multisensory structured language education and that
will be administered at least twice each year by a professional
organization that issues national certifications; and
(2) maintain a record of all examinations for at least two years
after the date of examination.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The
department, in consultation with the advisory committee, may
waive the examination requirement and issue a license to an
applicant who holds an appropriate certificate or other
accreditation from a nationally accredited multisensory
structured language education organization recognized by the
department.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.109. INACTIVE STATUS; RULES. (a) The executive
commissioner 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.110. QUALIFIED INSTRUCTOR. To be considered a
qualified instructor under this chapter, a person must:
(1) be a licensed dyslexia therapist;
(2) have at least 1,400 hours of clinical teaching experience in
addition to the hours required to obtain a licensed dyslexia
therapist license; and
(3) have completed a two-year course of study dedicated to the
administration and supervision of multisensory structured
language education programs taught by a nationally accredited
training program that meets the requirements of Section 403.106.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
SUBCHAPTER D. PRACTICE BY LICENSE HOLDER
Sec. 403.151. PRACTICE SETTING. (a) A licensed dyslexia
practitioner may practice only in an educational setting,
including a school, learning center, or clinic.
(b) A licensed dyslexia therapist may practice in a school,
learning center, clinic, or private practice setting.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
Sec. 403.152. CONTINUING EDUCATION. (a) A license holder's
license may not be renewed unless the license holder meets the
continuing education requirements established by the executive
commissioner.
(b) The executive commissioner, in consultation with the
advisory committee, shall establish the continuing education
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 department 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2009.
SUBCHAPTER E. LICENSE DENIAL; COMPLAINT AND DISCIPLINARY
PROCEDURES
Text of section effective on September 01, 2010
Sec. 403.201. COMPLAINTS. Any person may file a complaint with
the department alleging a violation of this chapter or a rule
adopted under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.202. PROHIBITED ACTIONS. A license holder may not:
(1) obtain a license by means of fraud, misrepresentation, or
concealment of a material fact;
(2) sell, barter, or offer to sell or barter a license; or
(3) engage in unprofessional conduct that endangers or is likely
to endanger the health, welfare, or safety of the public as
defined by executive commissioner rule.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.203. GROUNDS FOR DISCIPLINARY ACTION. If a license
holder violates this chapter or a rule or code of ethics adopted
by the executive commissioner, the department shall:
(1) revoke or suspend the license;
(2) place on probation the person if the person's license has
been suspended;
(3) reprimand the license holder; or
(4) refuse to renew the license.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.204. LICENSE DENIAL, REVOCATION, OR SUSPENSION FOR
CRIMINAL CONVICTION. (a) The department 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 department 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 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.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.205. HEARING. (a) If the department proposes to
revoke, suspend, or refuse to renew a person's license, the
person is entitled to a hearing before a hearings officer
appointed by the State Office of Administrative Hearings.
(b) The executive commissioner shall prescribe procedures for
appealing to the commissioner a decision to revoke, suspend, or
refuse to renew a license.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.206. ADMINISTRATIVE PROCEDURE. A proceeding under this
subchapter to suspend, revoke, or refuse to renew a license is
governed by Chapter 2001, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.207. SANCTIONS. (a) The executive commissioner, in
consultation with the advisory committee, by rule shall adopt a
broad schedule of sanctions for a violation of this chapter.
(b) The State Office of Administrative Hearings shall use the
schedule of sanctions for a sanction imposed as the result of a
hearing conducted by that office.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.208. PROBATION. The department may require a license
holder whose license suspension is probated to:
(1) report regularly to the department on matters that are the
basis of the probation;
(2) limit practice to areas prescribed by the department; or
(3) continue the license holder's professional education until
the license holder attains a degree of skill satisfactory to the
department in those areas that are the basis of the probation.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.209. MONITORING OF LICENSE HOLDER. (a) The executive
commissioner by rule shall develop a system for monitoring a
license holder's compliance with the requirements of this
chapter.
(b) Rules adopted under this section must include procedures to:
(1) monitor for compliance a license holder who is ordered by
the department to perform certain acts; and
(2) identify and monitor license holders who represent a risk to
the public.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.210. INFORMAL PROCEDURES. (a) The executive
commissioner by rule shall adopt procedures governing:
(1) informal disposition of a contested case under Section
2001.056, Government Code; and
(2) an informal proceeding held in compliance with Section
2001.054, Government Code.
(b) Rules adopted under Subsection (a) must:
(1) provide the complainant and the license holder an
opportunity to be heard; and
(2) require the presence of a representative of the attorney
general or the department's legal counsel to advise the
department or the department's employees.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.211. 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 department may:
(1) accept or reject the application; and
(2) require an examination as a condition for reinstatement of
the license.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.212. REPRIMAND; CONTINUING EDUCATION. (a) In addition
to other disciplinary action authorized by this subchapter, the
department 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 department, in consultation with the advisory committee,
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).
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
SUBCHAPTER F. PENALTIES AND OTHER ENFORCEMENT PROCEDURES
Text of section effective on September 01, 2010
Sec. 403.251. CIVIL PENALTY. (a) A person who violates this
chapter, a rule adopted by the executive commissioner, or an
order adopted by the commissioner under this chapter is liable
for a civil penalty not to exceed $500 for each occurrence.
(b) At the request of the department, the attorney general shall
bring an action to recover a civil penalty authorized under this
section.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.
Text of section effective on September 01, 2010
Sec. 403.252. CEASE AND DESIST ORDER. (a) If it appears to the
commissioner that a person who is not licensed under this chapter
is violating this chapter or a rule adopted under this chapter,
the commissioner after notice and an opportunity for a hearing
may issue a cease and desist order prohibiting the person from
engaging in the activity.
(b) A violation of an order under this section constitutes
grounds for imposing a civil penalty under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
1255, Sec. 1, eff. September 1, 2010.