Title OC, Occupations Code

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…

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 no…

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 …

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. Acts 1999…

Sec. 401.058. APPLICATION TO HEARING INSTRUMENT FITTERS AND DISPENSERS. (a) This chapter does not prohibit, prevent, or restrict a person licensed under Chapter 402 from engaging in the practice of fitting and dispensing hearing instruments. (b) Repealed by Acts 2023, 88th Leg., …

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.

Sec. 401.061. OVER-THE-COUNTER HEARING AIDS. (a) Except as provided by this section, this chapter does not apply to servicing, marketing, selling, dispensing, providing customer support for, acquiring, or distributing over-the-counter hearing aids, regardless of whether the trans…

Sec. 401.102. ADVISORY BOARD MEMBERSHIP. (a) The advisory board consists of nine members appointed by the presiding officer of the commission with the approval of the commission as follows: (1) three audiologist members; (2) three speech-language pathologist members; and (3) thre…

Sec. 401.10205. DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.046, eff. September 1, 2015…

Sec. 401.105. TERMS; VACANCIES. (a) Members are appointed for staggered six-year terms. (b) If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement who meets the qualifications for the vacant…

Sec. 401.107. PRESIDING OFFICER. (a) The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years. (b) The presiding officer of the advisory board may vote on any matter befo…

Sec. 401.108. MEETINGS. The advisory board shall meet at the call of the presiding officer of the commission or the executive director. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.050, eff. Septembe…

Sec. 401.201. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (a-1) The department shall: (1) evaluate the qualifications of license applicants; (2) provide for the examination of license applicants; (3) in connection with a hearin…

Sec. 401.202. STANDARDS OF ETHICAL PRACTICE. The commission shall adopt rules under this chapter that establish standards of ethical practice. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.053, eff. S…

Sec. 401.2021. RULES FOR HEARING INSTRUMENTS. With the assistance of the advisory board, the commission shall adopt rules to establish requirements for each sale of a hearing instrument for purposes of this chapter. The rules must: (1) address: (A) the information and other provi…

Sec. 401.203. ASSISTANCE FILING COMPLAINT. (a) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(36), eff. September 1, 2015. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(36), eff. September 1, 2015. (c) The department shall provide reasonable assis…

Sec. 401.251. TELEPHONE NUMBER FOR COMPLAINTS. The department 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…

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,…

Sec. 401.302. ISSUANCE OF LICENSE. (a) The department shall issue a license to an applicant who meets the requirements of this chapter and who pays to the department the initial nonrefundable license fee. (b) The department may issue to an applicant a license in either speech-lan…

Sec. 401.303. LICENSE APPLICATION. (a) A person who desires a license under this chapter must apply to the department on a form and in the manner prescribed by the executive director. (b) The application must be accompanied by a nonrefundable application fee. Acts 1999, 76th Leg.…

Sec. 401.304. APPLICANT ELIGIBILITY. (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 …

Sec. 401.3041. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE ISSUANCE. (a) The department shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the department, to the department or to the Department …

Sec. 401.305. EXAMINATION. (a) To obtain a license, an applicant must: (1) pass an examination approved by the commission by rule; and (2) pay fees in a manner prescribed by the commission by rule. (b) The department shall administer or provide for the administration of an examin…

Sec. 401.308. CERTIFICATE OF CLINICAL COMPETENCE WAIVER. 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. Acts 1999, 76th Leg., ch. 388, S…

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(…

Sec. 401.312. LICENSED ASSISTANTS. (a) The commission by rule 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 est…

Sec. 401.351. LICENSE TERM. A license issued under this chapter is valid for two years. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.048, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 2…

Sec. 401.352. LICENSE RENEWAL. (a) Each licensed speech-language pathologist or audiologist must pay the nonrefundable fee for license renewal. (b) Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 1.222(49), eff. September 1, 2015. (c) Repealed by Acts 2015, 84th Leg., R.S.…

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…

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 or dispense hear…

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 instrumen…

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 physicia…

Sec. 401.451. GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY ACTION. (a) After a hearing, the commission or executive director 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…

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. 401.5021. REFUND. The commission or executive director may order an audiologist to pay a refund to a consumer who returns a hearing instrument during the 30-day trial period required by rules adopted under Section 401.2021. Added by Acts 2011, 82nd Leg., R.S., Ch. 619 (S.B. …