PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 111. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 111, Subchapter A, §111.1; Subchapter C, §111.23; Subchapter F, §111.50; Subchapter P, §§111.150, 111.151, and 111.155; Subchapter Q, §111.160; and Subchapter T, §111.190 and §111.192; and the repeal of existing rules at Subchapter O, §111.140, regarding the Speech-Language Pathologists and Audiologists program. These proposed changes are referred to as "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists; and Chapter 51, the enabling statute of the Texas Commission of Licensing and Regulation (Commission) and the Department. Specific provisions within this rule chapter also implement the statutory requirements under Texas Occupations Code, Chapters 53, 108, 111, 112, 116, and 402, as applicable.
The proposed rules are necessary to implement recommended changes from the Speech Language Pathologists and Audiologists Advisory Board with input from two of its workgroups; implement select changes from Department staff as a result of the four-year rule review; and make technical corrections from two previous rulemakings.
Advisory Board Workgroup Changes
The proposed rules implement recommended changes from the Speech Language Pathologists and Audiologists Advisory Board based on input from two of its workgroups. The advisory board agreed with the recommended changes from both workgroups, and those recommended changes are included in these proposed rules.
First, the Licensing Workgroup recommended changes to address how a licensee may provide proof of licensure to a client when providing telehealth services and services outside of an office setting. This workgroup recommended changes to §111.151, which currently requires a licensee to display a license certificate or carry a license identification card. The requirement to always carry a license while providing services is not convenient and can be burdensome in some clinical settings. The proposed rules provide an additional option and allow a licensee to provide proof of licensure to a requestor through the Department's online license search.
Second, the Standard of Care Workgroup recommended changes to address cognition screenings as part of the communication screenings. This workgroup recommended changes to §111.190 to add provisions on cognition screening as it relates to communication function. Cognition plays an important part in understanding communication, and screening for communication-related cognition issues will allow providers to recommend therapy or rehabilitation. The proposed rules provide that cognitive processes affecting communication function may be screened for under communication screening.
Four-Year Rule Review Changes
The proposed rules implement select changes from Department staff as a result of the four-year rule review conducted under Government Code §2001.039. The Department conducted the required four-year review of the rules under 16 TAC Chapter 111, and the Commission readopted the rule chapter in its entirety and in its current form. (Proposed Rule Reviews, 45 TexReg 7281, October 9, 2020. Adopted Rule Reviews, 46 TexReg 2050, March 26, 2021). In response to the Notice of Intent to Review that was published, the Department received public comments regarding 16 TAC Chapter 111, but none of those public comments affect these proposed rules.
The proposed rules include select changes from Department staff based on the Department's review of the rules during the rule review process. These changes include clarification and clean-up changes to existing rules and updates to statute and rule citations.
Technical Corrections
The proposed rules make technical corrections from two previous rulemakings: the emergency telehealth rules (Emergency Rules, 46 TexReg 5313, August 27, 2021) and the comprehensive telehealth rules (Proposed Rules, 46 TexReg 5698, September 10, 2021. Adopted Rules, 46 TexReg 9021, December 24, 2021). In the previous rulemakings, the "in-person" supervision requirement was removed throughout the rules package in multiple rules (both rulemakings); the definitions of "direct supervision" and "indirect supervision" were amended (both rulemakings); and a new definition of "tele-supervision" was added that replaced former language regarding supervision through telehealth or telepractice/telehealth (comprehensive rulemaking). The preambles for those rules explained that the rules allow for direct and indirect supervision to be performed through tele-supervision and that in-person supervision is not required.
The previous rulemakings amended §111.50(e) regarding supervision of speech-language pathology assistants, and the preambles stated: "Subsection (e) is amended to allow supervision to be performed through tele-supervision and not require in-person supervision." The "in-person" reference was removed from the introduction paragraph of §111.50(e), but inadvertently was not removed from paragraphs (e)(4) and (e)(6). The proposed rules make technical corrections to remove the remaining "in-person" references under §111.50(e).
Advisory Board Recommendations
The proposed rules were presented to and discussed by the Speech-Language Pathologists and Audiologists Advisory Board at its meeting on October 31, 2023. The Advisory Board did not make any changes to the proposed rules. The Advisory Board voted and recommended that the proposed rules be published in the Texas Register for public comment.
SECTION-BY-SECTION SUMMARY
Subchapter A. General Provisions.
The proposed rules amend §111.1. Authority and Applicability. The proposed rules change the name of the section from "Authority" to "Authority and Applicability." The proposed rules amend subsection (a) to identify the other statutes that are implemented by the rules in Chapter 111. The proposed rules also add new subsection (b) to explain that the Chapters 60 and 100 rules also apply to the Speech-Language Pathologists and Audiologists program. This new provision replaces the rules under Subchapter O, §111.140, Rules, which are being repealed.
Subchapter C. Examinations.
The proposed rules amend §111.23, License Examination--Jurisprudence Examinations. The proposed rules change the name of the section from "License Examination--Jurisprudence Examination" to "License Examination--Jurisprudence Examinations." The proposed rules amend subsection (a) to recognize that there are two separate jurisprudence exams - one for speech-language pathology and another for audiology; and amend subsection (b) to update the reference to examinations. The proposed rules also create separate provisions for the speech-language pathology jurisprudence examination and the audiology jurisprudence examination. The current general provision under subsection (c) is amended to apply only to the speech-language pathology jurisprudence examination, and a separate provision for the audiology jurisprudence examination is being added as new subsection (d). There are no substantive changes to these provisions.
Subchapter F. Requirements for Assistant in Speech-Language Pathology License.
The proposed rules amend §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. The proposed rules make technical corrections to §111.50(e) from two previous rulemakings as discussed above. Under subsection (e), the proposed rules remove the "in-person" references under paragraphs (e)(4) and (e)(6).
Subchapter O. Responsibilities of the Commission and the Department.
The proposed rules repeal Subchapter O, Responsibilities of the Commission and the Department, and §111.140, Rules. These explanatory provisions are no longer necessary, since sufficient time has passed since the program was transferred to the Department. New provisions regarding the applicability of the rules under Chapters 60 and 100 have been included in the changes to §111.1, Authority and Applicability. The rules under Chapters 60 and 100 have broader applicability than the specific provisions cited in §111.140.
Subchapter P. Responsibilities of the Licensee and Code of Ethics.
The proposed rules amend §111.150, Changes of Name, Address, or Other Information. The proposed rules update subsection (a) to provide that a licensee notify the Department of any changes to the specified information in a form and manner prescribed by the Department.
The proposed rules amend §111.151, Consumer Information, Display of License, and Proof of Licensure. The proposed rules reflect the recommendations from the Speech-Language Pathology and Audiology Advisory Board with input from its Licensing Workgroup as discussed above. The proposed rules change the name of the section from "Consumer Information and Display of License" to "Consumer Information, Display of License, and Proof of Licensure." The proposed rules add a new subsection (e), which requires a licensee, upon request, to provide proof of licensure to a client by showing the current license certificate, the current license identification card, or the current results of a license search on the Department's website.
The proposed rules amend §111.155, Standards of Ethical Practice (Code of Ethics). The proposed rules update the statutory citation in subsection (a)(16).
Subchapter Q. Fees.
The proposed rules amend §111.160, Fees. The proposed rules update the cross-referenced fee provisions in subsections (k) - (m) to use updated, standardized fee language.
Subchapter T. Screening Procedures.
The proposed rules amend §111.190, Communication Screening. The proposed rules reflect the recommendations from the Speech-Language Pathology and Audiology Advisory Board with input from its Standard of Care Workgroup as discussed above. The proposed rules amend subsection (a) to clarify that individuals licensed under the Act may conduct communication screenings. In addition, the proposed rules amend subsection (b) to provide that communication screenings may include cursory assessments of cognition to determine if further testing is indicated, and to provide that the aspects of cognition to be screened are any cognitive processes affecting communication function. Finally, the proposed rules amend subsection (c) to provide that cognition screenings should be conducted in the client's dominant language and primary mode of communication.
The proposed rules amend §111.192, Newborn Hearing Screening. The proposed rules update the rule citation in subsection (b) to reflect the Health and Human Services Commission's transfer of the rules related to Early Childhood Intervention Services to a new rule chapter in the Texas Administrative Code (TAC).
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there are no estimated additional costs or reductions in costs to state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon also has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, enforcing or administering the proposed rules does not have foreseeable implications relating to costs or revenues of state or local governments.
LOCAL EMPLOYMENT IMPACT STATEMENT
Mr. Couvillon has determined that the proposed rules will not affect a local economy, so the agency is not required to prepare a local employment impact statement under Government Code §2001.022.
PUBLIC BENEFITS
Mr. Couvillon also has determined that for each year of the first five-year period the proposed rules are in effect, the public benefits will be as follows.
The proposed rules add cognition screening as it relates to communication function. Cognition plays an important part in understanding communication, and screening for communication-related cognition issues will allow providers to recommend therapy or rehabilitation.
The proposed rules will allow a license holder to provide proof of licensure to a requestor through TDLR's online license search. The requirement to always carry a license while providing services can be burdensome in some clinical settings, and this change reduces burdens while still ensuring public protection.
The proposed rules include clarification and clean-up changes to existing rules and updates to the statute and rule citations. These changes will ensure that the rules are clear and that they reflect the current requirements.
The proposed rules also make technical corrections. The proposed rules remove the remaining "in-person" language that acts as a restriction on supervision of SLP assistants. This change will provide additional flexibility to supervisors and supervisees and will align with previous rule changes.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, are not required.
ONE-FOR-ONE REQUIREMENT FOR RULES WITH A FISCAL IMPACT
The proposed rules do not have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government. Therefore, the agency is not required to take any further action under Government Code §2001.0045.
GOVERNMENT GROWTH IMPACT STATEMENT
Pursuant to Government Code §2001.0221, the agency provides the following Government Growth Impact Statement for the proposed rules. For each year of the first five years the proposed rules will be in effect, the agency has determined the following:
1. The proposed rules do not create or eliminate a government program.
2. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions.
3. Implementation of the proposed rules does not require an increase or decrease in future legislative appropriations to the agency.
4. The proposed rules do not require an increase or decrease in fees paid to the agency.
5. The proposed rules do not create a new regulation.
6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules repeal an existing regulation by eliminating an in-person requirement for supervision. The proposed rules expand an existing regulation by providing that cognition screening as it relates to communication function may be conducted. The proposed rules expand an existing regulation by allowing a person to provide proof of licensure through the Department's online license search.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Government Code §2007.043.
PUBLIC COMMENTS
Comments on the proposed rules may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/gcerules ; by facsimile to (512) 475-3032; or by mail to Monica Nuñez, Legal Assistant, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711. The deadline for comments is 30 days after publication in the Texas Register.
SUBCHAPTER A. GENERAL PROVISIONS
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the proposed rules.
§111.1.Authority and Applicability.
(a) This chapter is promulgated under the
authority of [the] Texas Occupations Code, Chapters 51
and 401, and Chapter 402 as applicable. Specific provisions within
this chapter also implement the statutory requirements under Texas
Occupations Code, Chapters 53, 108, 111, 112, and 116.
(b) In addition to this chapter, the rules under 16 TAC Chapter 60, Procedural Rules of the Commission and the Department, and 16 TAC Chapter 100, General Provisions for Health-Related Programs, are applicable to the Speech-Language Pathologists and Audiologists program.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304593
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the proposed rules.
§111.23.License Examination--Jurisprudence Examinations [Examination].
(a) The department shall develop and administer separate
jurisprudence examinations in speech-language pathology and audiology.
The [a] jurisprudence examination is used to
determine an applicant's knowledge of the Act, this chapter, and any
other applicable laws of this state affecting the practice of speech-language
pathology or audiology.
(b) The department shall revise the jurisprudence examinations
[examination] as needed.
(c) An applicant [All applicants]
for licensure as a speech-language pathologist, a speech-language
pathology intern, or a speech-language pathology assistant shall
submit proof of successful completion of the speech-language
pathology jurisprudence examination at the time of application,
unless applying for an upgrade. The jurisprudence examination must
be completed no more than 12 months prior to the date of licensure application.
(d) An applicant for licensure as an audiologist, an audiology intern, or an audiology assistant shall submit proof of successful completion of the audiology jurisprudence examination at the time of application, unless applying for an upgrade. The jurisprudence examination must be completed no more than 12 months prior to the date of licensure application.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304594
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the proposed rules.
§111.50.Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience.
(a) - (d) (No change.)
(e) An applicant who has not acquired the twenty-five (25) hours of clinical observation and twenty-five (25) hours of clinical experience referenced in subsection (a)(3), shall not meet the minimum qualifications for the assistant license. These hours must be obtained through an accredited college or university, or through a Clinical Deficiency Plan. All hours must be completed under direct supervision. In order to acquire these hours, the applicant shall first obtain the assistant license by submitting the forms, fees, and documentation referenced in §111.55 and include the prescribed Clinical Deficiency Plan to acquire the clinical observation and clinical assisting experience hours lacking.
(1) - (3) (No change.)
(4) Immediately upon completion of the Clinical Deficiency
Plan, the licensed speech-language pathologist identified in the plan
shall submit a statement or information that the licensed assistant
successfully completed the clinical observation and clinical assisting
experience and that all hours worked by the licensed assistant were
under the [in-person,] direct supervision of the licensed
speech-language pathologist. This statement shall specify the number
of hours completed and verify completion of the training identified
in the Clinical Deficiency Plan.
(5) (No change.)
(6) A licensed assistant may continue to practice under
the [in-person,] direct supervision of the licensed speech-language
pathologist who provided the licensed assistant with the training
while the department evaluates the documentation identified in paragraph
(4). All hours worked by the licensed assistant must be under the
[in-person,] direct supervision of the licensed speech-language pathologist.
(7) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304595
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The proposed repeal is proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed repeal is also proposed under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.
The statutory provisions affected by the proposed repeal are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the proposed repeal.
§111.140.Rules.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304600
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 475-4879
16 TAC §§111.150, 111.151, 111.155
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the proposed rules.
§111.150.Changes of Name, Address, or Other Information.
(a) A licensee is required to provide current name,
address, telephone number, and employment information. The licensee
shall notify the department of any changes within thirty (30) days
of such changes in a form and manner prescribed by the department [on a department-approved form or using a department-approved method].
(b) A request to change the name currently on record must be submitted in writing with a copy of a divorce decree, marriage certificate, legal name change document, or social security card showing the new name.
(c) To receive a duplicate license, the licensee shall submit the duplicate/replacement fee required under §111.160.
§111.151.Consumer Information, [and] Display of License, and Proof of Licensure.
(a) A licensee shall notify each client of the name, mailing address, telephone number and website of the department for the purpose of directing complaints to the department. A licensee shall display this notification:
(1) on a sign prominently displayed in the primary office or place of employment of the licensee, if any; and
(2) on a written document such as a written contract, a bill for service, or office information brochure provided by the licensee to a client or third party.
(b) A licensee shall display the license certificate in the primary office or place of employment. In the absence of a primary office or place of employment or when the licensee is employed in multiple locations, the licensee shall carry a current license identification card.
(c) A licensee shall not display a photocopy of a license certificate or carry a photocopy of an identification card in lieu of the original document. A file copy shall be clearly marked as a copy across the face of the document.
(d) A licensee shall not make any alteration on a license certificate or identification card.
(e) Upon request, a licensee shall provide proof of licensure to a client by showing the current license certificate, the current license identification card, or the current results of a license search on the department's website.
§111.155.Standards of Ethical Practice (Code of Ethics).
(a) A licensee shall:
(1) - (15) (No change.)
(16) be subject to disciplinary action by the department
if the licensee is issued a written reprimand, is assessed a civil
penalty by a court, or has an administrative penalty imposed by the
attorney general's office under the Crime Victims Compensation Act,
Texas Code of Criminal Procedure, [Chapter 56, Subchapter B (effective
until January 1, 2021) and] Chapter 56B [(effective on
January 1, 2021)];
(17) - (18) (No change.)
(b) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304597
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the proposed rules.
§111.160.Fees.
(a) - (j) (No change.)
(k) Late renewal fees for licenses issued under this
chapter are provided under §60.83 [of this title (relating
to Late Renewal Fees)].
(l) A dishonored [dishonored/returned
check or] payment fee is the fee prescribed under §60.82
[of this title (relating to Dishonored Payment Device)].
(m) The fee for a criminal history evaluation letter
is the fee prescribed under §60.42 [of this title (relating
to Criminal History Evaluation Letters)].
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304598
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 475-4879
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapter 51, which authorizes the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement that chapter and any other law establishing a program regulated by the Department. The proposed rules are also proposed under Texas Occupations Code, Chapter 401, Speech-Language Pathologists and Audiologists.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 401. No other statutes, articles, or codes are affected by the proposed rules.
§111.190.Communication Screening.
(a) Individuals licensed under the Act may conduct [participate in] communication screening.
(b) Communication screening may [should]
include cursory assessments of language, [and]
speech, and cognition to determine if further testing is
indicated. Formal instruments and informal observations may be used
for the assessment. If the screening is not passed, a detailed evaluation
is indicated.
(1) The aspects of language to be screened may include phonology, morphology, syntax, semantics, and pragmatics.
(2) The aspects of speech to be screened may include articulation or speech sound production, voice (including phonation and resonation), and fluency.
(3) The aspects of cognition to be screened are any cognitive processes affecting communication function.
(c) Language, [and] speech,
and cognition screening should be conducted in the client's
dominant language and primary mode of communication.
§111.192.Newborn Hearing Screening.
(a) Individuals licensed under the Act may participate in universal newborn hearing screening as defined by the Texas Health and Safety Code, Chapter 47.
(b) Individuals licensed under this Act are subject
to 25 TAC Chapter 37, regarding reporting hearing screening or audiologic
outcomes to the Department of State Health Services (DSHS) through
the designated electronic tracking system, and 26
TAC Chapter 350 [40 TAC Chapter 108], regarding referral
of children under the age of three years to Early Childhood Intervention (ECI).
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on December 8, 2023.
TRD-202304599
Doug Jennings
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: January 21, 2024
For further information, please call: (512) 475-4879