TITLE 16. ECONOMIC REGULATION

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, §111.2; Subchapter D, §111.30 and §111.35; Subchapter E, §§111.40 - 111.42, 111.45, and 111.47; Subchapter F, §§111.51, 111.52, and 111.55; Subchapter H, §111.70; Subchapter I, §§111.80 - 111.82, 111.85, and 111.87; Subchapter J, §§111.90 - 111.92, and 111.95; Subchapter L, §111.115; Subchapter P, §111.150 and §111.154; and Subchapter Q, §111.160; the repeal of existing rules at Subchapter C, §111.22; Subchapter F, §111.50, and Subchapter H, §111.75; and new rules at Subchapter F, §111.50 and Subchapter H, §111.75, 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 update requirements for all speech-language pathology and audiology license types, including changes relating to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals. The proposed rules are necessary to implement changes recommended by Department staff during the required four-year rule review and changes recommended by the Licensing Workgroup of the Speech Language Pathologist and Audiologist Advisory Board.

Four-Year Rule Review Changes

The proposed rules include changes as a result of the required four-year rule review conducted under Texas Government Code §2001.039. The Department conducted the required review of Chapter 111, and the Commission readopted the rule chapter in its entirety in its current form. (Proposed Rule Review, 45 TexReg 7281, October 9, 2020. Adopted Rule Review, 46 TexReg 2050, March 26, 2021).

In response to the published Notice of Intent to Review, the Department received multiple public comments from interested parties. Two of those comments related to the rules included in this rules package. (The other public comments have already been addressed in previous separate rulemakings.) One comment suggested adding a licensing exam for speech-language pathology assistants, and the other comment suggested that the requirements for speech-language pathologist assistants are excessive compared to the requirements for physical therapy assistants and certified occupational therapy assistants. The proposed rules do not include any changes made in response to these comments.

The proposed rules include recommendations made by the Department staff during the four-year rule review process to correct and update citations and cross-references, to improve accuracy, readability, and consistency of the rule text, and to implement substantive changes related to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals.

The proposed rules also include recommendations made by the Licensing Workgroup of the Speech Language Pathologist and Audiologist Advisory Board during the four-year rule review process that implement substantive changes related to license application and eligibility, education and clinical work, internship and supervision, practice and duties, and license terms and renewals.

Advisory Board Recommendations

The proposed rules were presented to and discussed by the Speech-Language Pathologists and Audiologists Advisory Board at its meeting on April 29, 2025. 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 §111.2, Definitions. The proposed rules add definitions for "ABA Certification," "ASHA CCC," and "Assistant supervision plan"; amend the definition of "Intern in audiology" and amend the terminology for "Intern supervision plan"; repeal the definitions for "Extended absence" and "Supervisory Responsibility Statement (SRS) Form"; and renumber the terms in this section as needed. The proposed rules in this section are part of a larger effort in this rules package to replace the names of the specific supervision forms with the general terms "intern supervision plan" and "assistant supervision plan."

Subchapter C. Examinations

The proposed rules repeal §111.22, Waiver of Written Examination Requirement. The proposed rules repeal this separate rule regarding the waiver of the written examination requirement and the issuance of a license to an applicant who holds the ASHA Certificate of Clinical Competence (ASHA CCC) or the American Board of Audiology (ABA) Certification. The waiver of the written examination requirement is already addressed with the waiver of the clinical experience requirement in the existing rules for the Speech-Language Pathology license under §111.35 and for the Audiology license under §111.75. Those provisions are being updated in this rules package.

Subchapter D. Requirements for Speech Language Pathology License.

The proposed rules amend §111.30, Speech-Language Pathology License--Licensing Requirements. The proposed rules amend subsection (a) to comply with plain language principles. The proposed rules amend subsection (b)(1) to remove the requirement of original or certified copies of transcripts of the applicant's conferred master's degree; amend subsection (b)(4) to clarify that an applicant who possesses a master's degree in audiology may apply for a speech-language pathology license only if the degree is from a college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education; and amend subsections (b)(5) and (b)(6) to reduce form requirements and add clarifying language. The proposed rules amend subsection (c) to comply with plain language principles. The proposed rules amend subsection (d) by adding clarifying language and an additional option for applicants who have completed ASHA-approved clinical fellowship requirements; remove existing subsection (d)(1) and its requirement that individual applicants are licensed under §111.41 prior to the beginning of the internship; and relocate the existing subsection (d)(2) proof requirements for individuals who completed an internship in another state, to new §111.35(c). The proposed rules amend subsection (e) to comply with plain language principles.

The proposed rules amend §111.35, Speech-Language Pathology License--Application and Eligibility Requirements. The proposed rules update subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules relocate the application requirements for persons who hold the ASHA CCC under subsection (d) to new subsection (b); expand the application requirements to include persons who have held the ASHA CCC in the past; provide that the ASHA CCC demonstrates that the applicant has met the education, experience, and written examination requirements; and update and clarify the necessary documentation to be submitted by applicants who hold or have held the ASHA CCC. The proposed rules amend relabeled subsection (c) (former subsection (b)) to update and clarify the necessary documentation for applicants who have never held the ASHA CCC. The proposed rules repeal former subsection (d), regarding persons holding the ASHA CCC and the waiver of the clinical experience and examination requirements. The requirements under former subsection (d) have been updated and relocated to new subsection (b). The proposed rules update the cross-references in subsection (e).

Subchapter E. Requirements for Intern in Speech Language Pathology License.

The proposed rules amend §111.40, Intern in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Work. The proposed rules amend subsection (b) to clarify programs in candidacy status are considered accredited; reduce the form requirements of subsection (b)(1) by repealing the requirement of original or certified copies of transcripts of the applicant's conferred master's degree; amend subsection (b)(4) to require an applicant program to be accredited by a national accrediting organization approved by the Department and recognized by the US Secretary of Education under the Higher Education Act of 1965 and remove language referencing repealed academic and clinical experience requirements; and amend subsections (b)(5) and (b)(6) by reducing form requirements and adding clarifying language. The proposed rules amend subsection (d) to specify that if coursework and clinical experience were earned more than ten years ago, then proof of current knowledge of speech-language pathology may include completing ten hours of CE in the last year, holding a current license in another state, or taking the written examination. The proposed rules amend subsection (e) to clarify that if an applicant whose degree was not officially conferred has completed all education and clinical requirements, then the applicant may be licensed as an intern if the degree was completed at a college or university accredited by the ASHA Council on Academic Accreditation. The proposed rules amend subsection (f) to clarify that a person who completes all education and clinical requirements at a foreign or unaccredited college or university must wait for the official conferment of a master's degree and to repeal automatic approval upon verification.

The proposed rules amend §111.41, Intern in Speech-Language Pathology License--Internship and Supervision Requirements. The proposed rules update subsection (c) by repealing the Intern Plan and Agreement of Supervision Form and requiring an intern to complete supervised professional experience under an intern supervision plan and submit the plan in a form and manner approved by the Department. The proposed rules update subsections (c)(1) through (c)(6) to clarify intern supervision requirements and to require all relevant information to be submitted in a form and manner approved by the Department. The proposed rules update subsection (d)(3) to clarify that professional experience of less than five hours per week must be completed under an approved supervisor but cannot be used to meet the 36-week minimum or be added to the 1,260-hour requirement. The proposed rules update subsection (d)(5) to repeal the option for Department approved alternative plans for dividing thirty-six clock hours of supervisory activities into three segments. The proposed rules amend subsection (e) to remove the internship extension request process and to provide that only hours earned under Texas-licensed supervisors count towards the 36 week, 1,260-hour minimums internship requirements. The proposed rules amend subsection (f) to increase the formal evaluation record retention requirement for both intern and supervisor from three to four years. The proposed rules update subsection (g)(1) to require supervisors to submit a report within 30 days in a prescribed format and follow Departmental guidelines that detail their supervision hours and weeks; update subsection (g)(2) to require supervisors to determine if an intern's hours and weeks are acceptable, and if so, submit an affirmation of their acceptability in a form and manner approved by the Department; update subsection (g)(3) to provide the requirements for a written justification when a supervisor determines that the hours completed under the supervisor's supervision are not acceptable; update subsection (g)(4) to require that if no hours were earned, the intern or supervisor must submit a statement to the Department within 30 days of the end of supervision.

The proposed rules amend §111.42, Intern in Speech-Language Pathology License--Practice and Duties of Interns. The proposed rules amend subsection (a) to clarify a licensed intern must obtain supervised professional experience under a licensed speech-language pathologist approved by the Department. The proposed rules amend subsection (e) to add a requirement for an intern who passed the examination referenced in §111.21 and wishes to continue practicing after completing the internship specified in §111.41(d) to apply for a speech-language pathology license within 30 days of passing the examination. The proposed rules amend subsection (f) to authorize a licensed intern to continue practicing while awaiting the processing of their speech-language pathology license if the intern practices under their current supervisor's license and to reduce form requirements.

The proposed rules amend §111.45, Intern in Speech-Language Pathology License--Application and Eligibility Requirements. The proposed rules amend subsection (a) to clarify the form and manner in which an applicant must submit required information and documentation, with original or certified copies submitted upon request. The proposed rules amend subsection (b) by amending subsection (b)(2) to remove the requirement for a copy of a transcript to be an original or certified; replacing existing subsection (b)(4) with new subsection (b)(3) and clarifying the verification requirements when a graduate degree has not been conferred; relabeling existing subsection (b)(3) to become new subsection (b)(4) and revising its text to clarify the verification requirements for an applicant whose college or university is not accredited by ASHA; repealing the text of existing subsection (b)(4); amending subsection (b)(5) to remove the requirement that the evaluation form be an original and to add the requirement that the transcript evaluation service be approved by ASHA; and amending subsection (b)(6) to remove the form requirement.

The proposed rules amend §111.47, Intern in Speech-Language Pathology License--License Terms; Renewals. The proposed rules amend subsection (a) to clarify an intern license can be renewed annually up to three times; add new subsection (b) to provide the time period within which the internship much be completed and the examination must be passed; and relabel existing subsections (b) through (i) to become new subsections (c) through (j).

Subchapter F. Requirements for Assistant in Speech Language Pathology License.

The proposed rules repeal existing §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. The provisions in this repealed rule have been updated and supplemented under new §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience.

The proposed rules add new §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. This new rule includes provisions from existing §111.50, which is being repealed, and updates and supplements the current requirements and procedures for education and clinical observation and experience. The proposed rules add new subsection (a) to require a license to practice as an assistant in speech-language pathology; add new subsection (b) to provide the degree requirements for a license; add new subsection (c) to provide the course work requirements for a license; add new subsection (d) to provide the clinical observation and experience requirements for a license; add new subsection (e) to provide the requirements for an applicant who has not acquired the required hours under subsection (d); add new subsection (f) to provide the requirements for an applicant whose degree, course work, or clinical observation and experience were earned more than 10 years before the date of application; and add new subsection (g) to prohibit an assistant from performing any duties until the license has been issued and any missing hours are complete.

The proposed rules amend §111.51, Assistant in Speech-Language Pathology License--Supervision Requirements. The proposed rules amend subsection (c) to require an assistant to practice under an assistant supervision plan and provide the requirements for the plan; amend subsection (c)(1) to provide the requirements for department approval; replace existing subsection (c)(2) with language providing when the plan must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and amend its language to provide the requirements when more than one speech-language pathologist agrees to supervise an assistant; relabel existing subsection (c)(3) to become new subsection (c)(4) and amend its language to prohibit an assistant from practicing without an approved supervisor and to require the supervisor to verify that the assistant appears under the supervisor's license; relabel existing subsection (c)(4) to become new subsection (c)(5) and amend its language to require an assistant to only provide services for the caseload of the assistant's current, approved supervisor; relabel existing subsection (c)(5) to become new subsection (c)(6) and amend its language to provide the requirements of the supervisor when the supervisor ceases supervision of the assistant; relabel existing subsection (c)(6) to become new subsection (c)(7) and amend its language to provide the requirements of the assistant when the supervisor ceases supervision. The proposed rules amend subsections (d) and (f) through (k) to make cleanup changes.

The proposed rules amend §111.52, Assistant in Speech-Language Pathology License--Practice and Duties of Assistants. The proposed rules add new subsection (c)(5) to including acting as a translator in the list of duties that a supervisor may assign to an assistant; relabel existing subsections (c)(5) through (c)(7) to become new subsections (c)(6) through (c)(8); add new subsection (c)(9) to include preparing and creating daily notes in the list of duties that a supervisor may assign to an assistant; and relabel existing subsections (c)(8) and (c)(9) to become new subsections (c)(10) and (c)(11). The proposed rules amend subsection (d)(12) to provide that an assistant must not practice without an approved supervisor and to remove the requirement to file a Supervisory Responsibility Statement; amend subsection (d)(16) to provide that an assistant must not demonstrate feeding strategies or precautions to clients, family, or staff; and repeal (d)(19), which consists of provisions that are relocated to subsection (g). The proposed rules amend subsection (e) to conform with plain language principles; add new subsection (g) to provide the terms licensed assistants may and may not use to shorten their professional title; and add new subsection (h) to provide the terms licensed assistants who have earned their ASHA certification may use in their professional title.

The proposed rules amend §111.55, Assistant in Speech-Language Pathology License-- Application and Eligibility Requirements. The proposed rules update subsections (a) and (b)(2)-(3) to reduce form requirements for applicants; add new subsection (b)(4) to provide the requirements when the applicant's transcript is in a language other than English or the degree was earned at a foreign university; relabel existing subsection (b)(4) to become new subsection (b)(5) and update its language to require a university program director or designee to verify 25 hours of clinical observation and 25 hours of clinical assisting experience; relabel existing subsection (b)(5) to become new subsection (b)(6) and update its language to require an applicant to complete any missing hours under direct supervision from an approved supervisor up license issuance; and relabel existing subsections (b)(6) and (b)(7) to become new subsections (b)(7) and (b)(8).

Subchapter H. Requirements for Audiology License

The proposed rules amend §111.70, Audiology License--Licensing Requirements. The proposed rules amend subsection (a) to comply with plain language principles; amend subsection (c) to reduce form requirements and to provide that the transcript evaluation service must be approved by ASHA; amend subsection (d) to comply with plain language principles and rephrase language for clarity; and amend subsection (e) to comply with plain language principles. The proposed rules repeal existing subsection (f), which addresses persons who previously held the ASHA CCC or the ABA certification. Those requirements have been updated and are addressed in the proposed rules under new §111.75(b).

The proposed rules repeal existing §111.75, Audiology License--Application and Eligibility Requirements. The provisions in this repealed rule have been updated and supplemented under new §111.75, Audiology License--Application and Eligibility Requirements.

The proposed rules add new §111.75, Audiology License--Application and Eligibility Requirements. This new rule includes provisions from existing §111.75, which is being repealed, and updates and supplements the current application and eligibility requirements. The proposed rules add new subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules add new subsection (b) to expand the existing application requirements to include persons who have held the ASHA CCC or ABA Certification in the past; provide that the ASHA CCC or ABA Certification demonstrates that the applicant has met the education, experience, and written examination requirements; and update and specify the documents that must be submitted by an applicant for an audiology license who holds or has held the ASHA CCC or ABA Certification. The proposed rules add new subsection (c) to specify the documents that must be submitted by an applicant who has never held the ASHA CCC or ABA Certification; add new subsection (d) to require an applicant to submit fingerprints and successfully pass a criminal history background check; add new subsection (e) to provide the requirements for an applicant seeking to upgrade an intern in audiology license to an audiology license; and add new subsection (f) to provide that an applicant must complete all licensing requirements within one year from the date the application was submitted.

Subchapter I. Requirements for Intern in Audiology License

The proposed rules amend §111.80, Intern in Audiology License--Licensing Requirements--Education. The proposed rules amend subsection (a) to comply with plain language principles; add clarifying language to subsections (b) and (c) regarding education requirements; and repeal subsection (d), which consists of language that is relocated to new §111.85(b)(2).

The proposed rules amend §111.81, Intern in Audiology License--Internship and Supervision Requirements. The proposed rules amend subsection (c) to require an intern to complete the supervised professional experience under an intern supervision plan that must be submitted to the Department; rephrase subsection (c)(1) for clarity; add new subsection (c)(2) to specify when an intern supervision must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and update its language to specify the requirements when more than one audiologist agrees to supervise an intern; relabel existing subsection (c)(3) to become new subsection (c)(4) and update its language to require the supervisor to verify that the intern appears under the supervisor's license before allowing the intern to practice; relabel existing subsection (c)(4) to become new subsection (c)(5) and update its language to provide that the supervisor is responsible for the practice of the intern until the intern is removed from the supervisor's license; and relabel existing subsection (c)(5) to become new subsection (c)(6) and update its language to provide that an intern whose supervisor ceases supervision may not practice until the intern has a new approved supervisor and has been added to a new supervisor's license. The proposed rules amend subsection (d) to comply with plain language principles; remove existing subsection (d)(2) and its requirement that an internship consist of 1,600 hours of supervised clinical work and replaces it with new (d)(2) which requires all internships consist of supervised professional experience conducted under the direction of a professionally recognized accredited doctoral program as approved by the department. The proposed rules repeal subsection (e), which described the procedures related to the Audiology Intern Plan and Agreement of Supervision Form, as this Form is no longer required due to the proposed rules' amendment of §111.81(c). The proposed rules also relabel existing subsection (f) to become new subsection (e).

The proposed rules amend §111.82, Intern in Audiology License--Practice and Duties of Interns. The proposed rules amend subsection (a) to clarify that a licensed audiology intern must obtain supervised professional experience under an approved audiologist. The proposed rules amend subsection (c) to reduce form requirements.

The proposed rules amend §111.85, Intern in Audiology License--Application and Eligibility Requirements. The proposed rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules amend subsection (b) to reduce form requirements and require all information and documentation to be submitted in a form and manner prescribed by the Department.

The proposed rules amend §111.87, Intern in Audiology License--License Terms; Renewals. The proposed rules amend subsection (a) to provide that an audiology intern license is valid for two years and can be renewed biennially. The proposed rules amend subsection (c)(2) to reduce form requirements.

Subchapter J. Requirements for Assistant in Audiology License

The proposed rules amend §111.90, Assistant in Audiology License--Licensing Requirements--Education and Training. The proposed rules amend subsections (a) and (b) to comply with plain language principles. The proposed rules amend subsection (b)(3) to specify that an applicant must hold a baccalaureate degree; amend subsection (b)(4) to clarify that an assistant must work under an approved supervisor and an assistant supervision plan approved by the Department; amend subsection (b)(5) to require an assistant to agree to complete a minimum of 25 hours of job-specific competency-based training conducted by the supervisor upon the initial issuance of the license; and add new subsection (b)(6) to require an assistant to complete all training hours under the supervision of an approved supervisor. The proposed rules replace the language of subsection (c) with new language providing when an assistant may begin to practice.

The proposed rules amend §111.91, Assistant in Audiology License--Supervision Requirements. The proposed rules amend subsection (c) to remove references to the Supervisory Responsibility Statement Form and to provide that a supervisor must ensure all training hours completed by the assistant are supervised; amend subsection (c)(1) to provide that Department approval is required prior to any changes in supervision; add new subsection (c)(2) to specify when an assistant supervision plan must be submitted; relabel existing subsection (c)(2) to become new subsection (c)(3) and amend its language to provide the supervisor responsibilities for when more than one audiologist agrees to supervise the assistant; relabel existing subsection (c)(3) to become new subsection (c)(4) and amend its language to provide that the supervisor must verify that the assistant appears under the supervisor's license before allowing the assistant to practice; relabel existing subsection (c)(4) to become new subsection (c)(5) and amend its language to provide that the assistant must only provide services for the clients of the assistant's current, approved supervisors; relabel existing subsection (c)(5) to become new subsection (c)(6) and amend its language to provide that a supervisor is responsible for the practice of the assistant until the assistant is removed from the supervisor's license; relabel existing subsection (c)(6) to become new subsection (c)(7) and amend its language to provide that, if the assistant's supervisor ceases supervision, the assistant may not practice until the assistant has a new approved supervisor. The proposed rules add new subsection (d) to provide that an assistant must practice under an assistant supervision plan, which must be submitted to the Department. The proposed rules relabel existing subsections (d) through (j) to become new subsections (e) through (k) and amend their language to comply with plain language principles.

Notably, the proposed rules relabel former subsection (f) to become new subsection (g) and amend its language to reduce the minimum amount of supervision for audiology assistants from 10 hours per week to four hours per week, or alternatively, from 40 hours per month to 16 hours per month. The amended language of new subsection (g) also requires at least one hour per week or four hours per month of the total supervision to be under direct supervision.

The proposed rules amend §111.92, Assistant in Audiology License--Practice and Duties of Assistants. The proposed rules amend subsection (d) to comply with plain language principles and amend subsection (d)(18) to remove the requirement for a Supervisory Responsibility Statement for an Audiology Assistant Form to be on file with the Department and replace it with the requirement for an approved supervisor.

The proposed rules amend §111.95, Assistant in Audiology License--Application and Eligibility Requirements. The proposed rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules amend subsection (b)(2) to reduce form requirements; amend subsection (b)(4) to allow a copy of a high school diploma; amend subsection (b)(5) to remove the requirement for an original or certified copy of the CAOHC certificate; and amend subsection (b)(6) to clarify the requirements for an applicant who holds a baccalaureate degree or higher in communicative sciences or disorders.

Subchapter L. Requirements for Dual License in Intern in Speech-Language Pathology and Audiology

The proposed rules amend §111.115, Dual License in Speech-Language Pathology and Audiology--Application and Eligibility Requirements. The proposed rules amend subsection (a) to require all information and documentation to be submitted in a form and manner prescribed by the Department, with original or certified copies submitted upon request. The proposed rules amend subsection (d) to provide the documentation requirements for an applicant who holds or has held the ASHA CCC or ABA Certification.

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 amend subsection (a) to require a licensee to provide the Department with a contact phone number and a valid email address and to repeal the requirement that a licensee provide the Department with current employment information. The proposed rules amend subsections (a) and (c) to comply with plain language principles.

The proposed rules amend the title of §111.154 from "Requirements, Duties, and Responsibilities of Supervisors and Persons Being Supervised" to "Supervision Requirements and Responsibilities." The proposed rules add new subsection (a) to provide that a licensee who wants to supervise an intern or assistant must meet the requirements under this section and be approved by the Department. The proposed rules relabel existing subsection (a) to become new subsection (b) and restructure its language to include new subsection (b)(1) and new subsection (b)(2) to specify the experience requirements. The proposed rules relocate the language of existing subsection (b), regarding supervising family members, to new subsection (d). The proposed rules add new subsection (c) to provide that a licensee must hold the appropriate license type to supervise; relabel existing subsections (c) through (e) to become new subsections (c)(1) through (c)(3); and remove unnecessary language. The proposed rules add new subsection (d), regarding supervising family members, which has been relocated from existing subsection (b). The proposed rules add new subsection (e) to provide that a licensee may not supervise if the licensee has any current sanctions. The proposed rules amend subsections (f) through (h) to provide headings and to comply with plain language principles.

Subchapter Q. Fees

The proposed rules amend §111.160, Fees. The proposed rules amend subsection (f)(1) and extend the license term for an initial audiology intern license from one year to two years. The $75 fee for the initial audiology intern license remains unchanged. The proposed rules amend subsection (f)(2) and extend the license term for a renewed audiology intern license from one year to two years. The $75 fee for the renewal of an audiology intern license remains unchanged.

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 has determined that for each year of the first five years the proposed rules are in effect, there will be a loss in revenue to the state of $1,125 per year. The proposed rules extend the audiologist intern license from a one-year term to a two-year term without increasing the fee because currently a small number of audiologist interns are forced to renew their one-year license when it is only needed for less than a month, due to the length of the supervised professional experience. This should result in no audiologist intern needing to renew the license. TDLR has renewed an average of 15 audiologist intern licenses over the past four years at a fee of $75 per renewal. If interns no longer need to renew, the resulting loss in revenue to the State will be $1,125 per year.

Mr. Couvillon has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase in revenue to the state or local government and no estimated loss in revenue to local government as a result of enforcing or administering the proposed rules.

LOCAL EMPLOYMENT IMPACT STATEMENT

Because Mr. Couvillon has determined that the proposed rules will not affect any local economy, the agency is not required to prepare a local employment impact statement under Texas 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 a streamlined application process that will reduce delays in processing incomplete applications; an expanded license term for the audiologist intern license that will provide audiologist interns additional time to complete the supervised professional experience without having to renew their license; increased flexibility for supervisors and supervisees; and clarification and clean-up changes that will make the rules easier to read and understand.

Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there will be a reduction in costs (savings) to persons who are required to comply with the proposed rules. The audiologist intern licensees whose supervised professional experience lasts longer than one year will no longer have to pay $75 to renew their licenses.

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 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, is 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 Texas Government Code §2001.0045.

GOVERNMENT GROWTH IMPACT STATEMENT

Pursuant to Texas 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 require a decrease in fees paid to the agency. The proposed rules change the license term for audiologist interns from one year to two years without correspondingly adjusting the fee.

5. The proposed rules do not create a new regulation.

6. The proposed rules expand, limit, or repeal an existing regulation. The proposed rules limit an existing regulation by reducing many form requirements; no longer requiring applicant who held a speech-language pathologist assistant license in another state to submit proof of the required hours of clinical observation and clinical assisting experience; and no longer requiring an audiologist intern to complete 1,600 hours of supervised clinical work, instead allowing the intern to complete the supervised professional experience required to complete the doctoral degree. The proposed rules expand a current regulation by allowing persons without a current ASHA or ABA certification, but who have held certification in the past, to apply using that certification to meet some licensure requirements; authorizing an applicant with a degree from a foreign university in a major other than communicative sciences or disorders to qualify for a speech-language pathologist assistant license if the applicant meets certain coursework requirements, without obtaining executive director approval; authorizing an applicant that has not earned the required hours of clinical observation and clinical assisting experience to obtain the remaining training under supervision once the license is issued; expanding the duties a supervisor may assign to a speech-pathologist assistant; adding professional title abbreviations that licensed speech-pathologist assistants are authorized to use; and authorizing the professional experience needed to supervise interns or assistants to be obtained under a license held in another state.

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 that 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 Texas 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

16 TAC §111.2

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.

§ 111.2. Definitions.

Unless the context clearly indicates otherwise, the following words and terms must [ shall ] have the following meanings.

(1) ABA--The American Board of Audiology.

(2) ABA Certification--The certification issued to a person who meets the education and professional practice requirements established by ABA.

(3) [ (2) ] Act--Texas Occupations Code, Chapter 401, relating to Speech-Language Pathologists and Audiologists.

(4) [ (3) ] Acts--Texas Occupations Code, Chapter 401, relating to Speech-Language Pathologists and Audiologists; and Texas Occupations Code, Chapter 402, relating to Hearing Instrument Fitters and Dispensers.

(5) [ (4) ] Advisory board--The Speech-Language Pathologists and Audiologists Advisory Board.

(6) [ (5) ] ASHA--The American Speech-Language-Hearing Association.

(7) ASHA CCC--ASHA Certificate of Clinical Competence. The certificate issued to a person who meets the education, examination, and clinical fellowship requirements established by ASHA.

(8) [ (6) ] Assistant in audiology--An individual licensed under Texas Occupations Code §401.312 and §111.90 of this chapter and who provides audiological support services to clinical programs under the supervision of an audiologist licensed under the Act.

(9) [ (7) ] Assistant in speech-language pathology--An individual licensed under Texas Occupations Code §401.312 and §111.60 of this chapter and who provides speech-language pathology support services under the supervision of a speech-language pathologist licensed under the Act.

(10) Assistant supervision plan (for Assistants in Audiology or Speech-Language Pathology)--An agreement between a supervisor and an assistant in which the parties enter into a supervisory relationship, the supervisor agrees to assume responsibility for the assistant's activities, and the assistant agrees to perform only those activities assigned by the supervisor that are not prohibited under this chapter.

(11) [ (8) ] Audiologist--An individual who holds a license under Texas Occupations Code §401.302 and §401.304 to practice audiology.

(12) [ (9) ] Audiology--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 communication disorders involving speech, language, or auditory or vestibular function or other aberrant behavior relating to hearing loss.

(13) [ (10) ] Caseload--The number of clients served by the licensed speech-language pathologist or licensed speech-language pathology intern.

(14) [ (11) ] Client--A consumer or proposed consumer of audiology or speech-language pathology services.

(15) [ (12) ] Commission--The Texas Commission of Licensing and Regulation.

(16) [ (13) ] Department--The Texas Department of Licensing and Regulation.

(17) [ (14) ] Direct Supervision (Speech-Language Pathology and Audiology)--Real-time observation and guidance by the supervisor while a client contact or clinical activity or service is performed by the assistant or intern. Direct supervision may be performed in person or via tele-supervision as authorized and prescribed by this chapter.

(18) [ (15) ] Ear specialist--A licensed physician who specializes in diseases of the ear and is medically trained to identify the symptoms of deafness in the context of the total health of the client, and is qualified by special training to diagnose and treat hearing loss. Such physicians are also known as otolaryngologists, otologists, neurotologists, otorhinolaryngologists, and ear, nose, and throat specialists.

(19) [ (16) ] Executive director--The executive director of the department.

[(17) Extended absence--More than two consecutive working days for any single continuing education experience.]

(20) [ (18) ] Extended recheck--Starting at 40 dB and going down by 10 dB until no response is obtained or until 20 dB is reached and then up by 5 dB until a response is obtained. The frequencies to be evaluated are 1,000, 2,000, and 4,000 hertz (Hz).

(21) [ (19) ] Fitting and dispensing hearing instruments--The measurement of human hearing by the use of an audiometer or other means to make selections, adaptations, or sales of hearing instruments. The term includes [ prescribing, ordering, or authorizing the use of hearing instruments, ] the making of impressions for earmolds to be used as a part of the hearing instruments and any necessary postfitting counseling for the purpose of fitting and dispensing hearing instruments.

(22) [ (20) ] Hearing aid--Any wearable device designed for, offered for the purpose of, or represented as aiding persons with or compensating for impaired hearing. The term includes hearing instruments and over-the-counter hearing aids.

(23) [ (21) ] Hearing instrument--A prescription hearing aid as that term is defined in 21 C.F.R. Section 800.30.

(24) [ (22) ] Hearing screening--A test administered with pass/fail results for the purpose of rapidly identifying those persons with possible hearing impairment which has the potential of interfering with communication.

(25) [ (23) ] In-person--The licensee is physically present with the client while a client contact or clinical activity or service is performed. In the case of supervision, the supervisor is physically present with the assistant or intern while a client contact or clinical activity or service is performed.

(26) [ (24) ] Indirect supervision (Speech-Language Pathology and Audiology)--The supervisor performs monitoring activities or provides guidance to the assistant or intern, either of which does not occur during actual client contact by the assistant or intern or while the assistant or intern is providing a clinical activity or service. Tele-supervision may be used for indirect supervision as authorized and prescribed under this chapter.

(27) [ (25) ] Intern in audiology--An individual licensed under Texas Occupations Code §401.311 and §111.80 of this chapter and who is supervised by an individual who holds an audiology license under Texas Occupations Code §401.302 and §401.304. An intern in audiology is also referred to as a fourth-year student or an extern in the profession.

(28) [ (26) ] Intern in speech-language pathology--An individual licensed under Texas Occupations Code §401.311 and §111.40 of this chapter and who is supervised by an individual who holds a speech-language pathology license under Texas Occupations Code §401.302 and §401.304.

(29) [ (27) ] Intern supervision plan [ Intern Plan and Agreement of Supervision Form ] (for Interns in Speech-Language Pathology and Audiology)--An agreement between a supervisor and an intern in which the parties enter into a supervisory relationship and the supervisor agrees to assume responsibility for all services provided by the intern.

(30) [ (28) ] Over-the-counter hearing aid--The term has the meaning assigned by 21 C.F.R. Section 800.30.

(31) [ (29) ] Provisional Licensee--An individual granted a provisional license under Texas Occupations Code §401.308.

(32) [ (30) ] Sale--The term includes a lease, rental, or any other purchase or exchange for value. The term does not include a sale at wholesale by a manufacturer to a person licensed under the Act or to a distributor for distribution and sale to a person licensed under the Act.

(33) [ (31) ] Speech-language pathologist--An individual who holds a license under Texas Occupations Code §401.302 and §401.304, to practice speech-language pathology.

(34) [ (32) ] Speech-language pathology--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.

(35) [ (33) ] Supervisor--An individual who holds a license under Texas Occupations Code §401.302 and §401.304 and whom the department has approved to oversee the services provided by the assigned assistant and/or intern. The term "supervisor" and "department-approved supervisor" have the same meaning as used throughout this chapter.

[(34) Supervisory Responsibility Statement (SRS) Form (for Assistants in Audiology or Speech-Language Pathology)--An agreement between a supervisor and an assistant in which the parties enter into a supervisory relationship, the supervisor agrees to assume responsibility for the assistant's activities, and the assistant agrees to perform only those activities assigned by the supervisor that are not prohibited under this chapter.]

(36) [ (35) ] Telehealth--See definition(s) in Subchapter V, Telehealth.

(37) [ (36) ] Tele-supervision--Supervision of interns or assistants that is provided remotely using telecommunications technology.

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 May 27, 2025.

TRD-202501841

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER C. EXAMINATIONS

16 TAC §111.22

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.

§ 111.22. Waiver of Written Examination Requirement.

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 May 27, 2025.

TRD-202501842

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER D. REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY LICENSE

16 TAC §111.30, §111.35

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.

§ 111.30. Speech-Language Pathology License--Licensing Requirements.

(a) An individual must [ shall ] not practice as a speech-language pathologist without a current license issued by the department. An applicant for a speech-language pathology license must [ shall ] meet the requirements set out in the Act and this section.

(b) Education. The graduate degree must [ shall ] be completed at a college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.).

(1) An applicant must have a master's degree in the area of communicative sciences or disorders that verifies the applicant completed the following:

[(1)] [ Original or certified copies of the transcripts showing the conferred degree shall verify the applicant completed the following: ]

(A) at least 36 [ thirty-six (36) ] semester credit hours must [ shall ] be in professional course work acceptable toward a graduate degree; and

(B) at least 24 [ twenty-four (24) ] semester credit hours acceptable toward a graduate degree must [ shall ] be earned in the area of speech-language pathology, including normal development and use of speech, language, and hearing; prevention evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders; and related fields that augment the work of clinical practitioners of speech-language pathology;

(2) A maximum of six [ (6) ] academic semester credit hours associated with clinical experience and a maximum of six [ (6) ] academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 [ thirty-six (36) ] hours but not in lieu of the requirements of paragraph (1)(B).

(3) A quarter hour of academic credit must [ shall ] be considered as two-thirds of a semester credit hour.

(4) An applicant who possesses a master's degree with a major in audiology and is pursuing a license in speech-language pathology may apply if the applicant meets the requirements of §111.30(b)(1) and the department has an original transcript showing completion of a master's degree with a major in audiology on file and a letter from the program director or designee of the college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.) stating that the individual completed enough hours to establish a graduate level major in speech-language pathology [ and would meet the academic and clinical experience requirements for a license as a speech-language pathologist ].

(5) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must [ shall ] submit an [ original ] evaluation form from an ASHA- approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders. The applicant must [ shall ] bear all expenses incurred for the evaluation [ during the procedure ].

(6) An applicant who graduated from a college or university not accredited by the ASHA Council on Academic Accreditation must [ shall ] submit verification [ an original signed letter ] from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience. The applicant must [ shall ] bear all expenses incurred for the verification [ during the procedure ].

(c) Clinical Work. An applicant must [ shall ] complete at least 25 [ twenty-five (25) ] clock hours of supervised observation before completing the minimum of the following hours of supervised clinical direct client contact, which may be referred to as clinical practicum, with individuals who present a variety of communication disorders within an educational institution or in one of its cooperating programs:

(1) 275 clock hours if the master's degree was earned prior to November 10, 1993; or

(2) 350 clock hours if the master's degree was earned between November 10, 1993 , and December 31, 2004; or

(3) 400 clock hours if the master's degree was earned on or after January 1, 2005.

(d) Internship. An applicant must have either completed an internship in which the supervised professional experience [ clinical work ] has been accomplished in speech-language pathology as set out in §111.41 , or completed the ASHA-approved clinical fellowship requirements .

[(1) An individual shall be licensed under §111.41, prior to the beginning of the internship.]

[(2) The supervisor of an individual who completed an internship in another state and met the requirements set out in §111.41 shall:]

[(A) be licensed in that other state; or]

[(B) hold the ASHA Certificate of Clinical Competence in speech-language pathology if the other state did not require licensing.]

(e) Examination. An applicant must [ shall ] pass the examination referenced under §111.21.

§ 111.35. Speech-Language Pathology License--Application and Eligibility Requirements.

(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request [ of credentials on current department-approved forms ].

(b) An applicant for a speech-language pathology license who holds or who has held the ASHA Certificate of Clinical Competence (ASHA CCC) may apply by submitting the following required documentation:

(1) a completed application on a department-approved form;

(2) verification of holding a current or expired ASHA CCC, which demonstrates that the applicant has met the education, experience, and written examination requirements for the license;

(3) if the ASHA CCC is expired, proof of current knowledge, which may include completing at least 10 hours of continuing education or other courses within the last year or holding a current license in another state;

(4) proof of successfully completing the jurisprudence examination under §111.23; and

(5) the initial application fee required under §111.160.

(c) [ (b) ] An applicant for a speech-language pathology license who has never held an ASHA CCC must submit the following required documentation in a form and manner prescribed by the department :

(1) (No change.)

(2) if not previously submitted when applying for an intern's license, a [ an original or certified ] copy of the transcript(s), which shows all relevant course work and which shows the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders;

(3) if the applicant graduated from a college or university with a program not accredited by the ASHA Council on Academic Accreditation, verification [ an original signed letter ] from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience;

(4) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, an [ original ] evaluation form from an ASHA- approved transcript evaluation service stating that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders;

(5) proof of completion of the internship in a form and manner prescribed by the department;

[(5) a Report of Completed Speech-Language Pathology Internship Form completed by the applicant's department-approved supervisor and signed by both the applicant and the department-approved supervisor;]

(6) if the internship was completed out-of-state, proof of completion of the internship under a licensed supervisor or under a supervisor who held the ASHA CCC if the state does not issue licenses; [ one of the following documents regarding the supervisor must be submitted: ]

[(A) if that state requires licensure, a copy of the supervisor's valid license to practice in that state; or]

[(B) if that state does not require licensure, an original letter from ASHA stating the supervisor held the Certificate of Clinical Competence when the applicant completed the internship;]

(7) a copy of the Praxis Exam Score Report showing the applicant passed the examination described in §111.21;

(8) proof of successfully completing the jurisprudence examination under §111.23; and

(9) the initial application fee required under §111.160.

(d) [ (c) ] If not previously submitted when applying for an assistant or intern license, an applicant for a speech-language pathology license must submit a completed legible set of fingerprints, on a department-approved form, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.

[(d) Waiver of Clinical Experience and Examination Requirements. An applicant who currently holds the ASHA Certificate of Clinical Competence may submit official documentation from ASHA of the Certificate of Clinical Competence as evidence that the applicant meets the clinical experience and examination requirements as set out in the Act and this subchapter for a speech-language pathology license. Such an applicant must submit:]

[(1) an original or certified copy of a signed letter from ASHA, which verifies the applicant currently holds the Certificate of Clinical Competence in the area of speech-language pathology;]

[(2) an original or certified copy of the transcript(s) showing the conferred degree of all relevant course work which also verifies that the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders;]

[(3) the required documents under subsection (b)(1) and (8) and subsection (c); and]

[(4) the initial application fee required under §111.160.]

(e) Upgrade from Intern License to Full License. An applicant, who holds a current Texas intern in speech-language pathology license, may upgrade to a speech-language pathology license by submitting:

(1) a completed upgrade application on a department-approved form; and

(2) the required documents under subsection (c) [ (b) ](2), (5), (7), and (8) [ (7) and subsection (c) ]; and

(3) the initial application fee required under §111.160.

(f) (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 May 27, 2025.

TRD-202501843

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER E. REQUIREMENTS FOR INTERN IN SPEECH-LANGUAGE PATHOLOGY LICENSE

16 TAC §§111.40 - 111.42, 111.45, 111.47

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.

§ 111.40. Intern in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Work.

(a) An individual must [ shall ] not practice as an intern in speech-language pathology without a current license issued by the department. An applicant for an intern in speech-language pathology license must meet the requirements under the Act and this section.

(b) Education. The graduate degree must [ shall ] be completed at a college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.). Programs in candidacy status are considered accredited.

(1) An applicant must have a master's degree in the area of communicative sciences or disorders that verifies the applicant completed the following [ Original or certified copies of the transcripts showing the conferred degree shall verify the applicant completed the following ]:

(A) at least 36 [ thirty-six (36) ] semester credit hours must [ shall ] be in professional course work acceptable toward a graduate degree; and

(B) at least 24 [ twenty-four (24) ] semester credit hours acceptable toward a graduate degree must [ shall ] be earned in the area of speech-language pathology including normal development and use of speech, language, and hearing; prevention evaluation, habilitation, and rehabilitation of speech, language, and hearing disorders; and related fields that augment the work of clinical practitioners of speech-language pathology;

(2) A maximum of six academic semester credit hours associated with clinical experience and a maximum of six academic semester credit hours associated with a thesis or dissertation may be counted toward the 36 [ thirty-six (36) ] hours but not in lieu of the requirements of paragraph (1)(B).

(3) A quarter hour of academic credit must [ shall ] be considered as two-thirds of a semester credit hour.

(4) An applicant who possesses a master's degree with a major in audiology and is pursuing a license in speech-language pathology may apply if the department has an original transcript showing completion of a master's degree with a major in audiology on file and a letter from the program director or designee of the college or university which has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001, et seq.) stating that the individual completed enough hours to establish a graduate level major in speech-language pathology [ and would meet the academic and clinical experience requirements for a license as a speech-language pathologist ].

(5) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must [ shall ] submit an [ original ] evaluation form from an ASHA- approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders. The applicant must [ shall ] bear all expenses incurred for the evaluation [ during the procedure ].

(6) An applicant who graduated from a college or university not accredited by the ASHA Council on Academic Accreditation must [ shall ] submit verification [ an original signed letter ] from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience. The applicant must [ shall ] bear all expenses incurred for the verification [ during the procedure ].

(c) Clinical Work. An applicant must [ shall ] complete at least 25 [ twenty-five (25) ] clock hours of supervised observation before completing the minimum of the following hours of supervised clinical direct client contact, which may be referred to as clinical practicum, with individuals who present a variety of communication disorders within an educational institution or in one of its cooperating programs:

(1) 275 clock hours if the master's degree was earned prior to November 10, 1993; or

(2) 350 clock hours if the master's degree was earned between November 10, 1993 , and December 31, 2004; or

(3) 400 clock hours if the master's degree was earned on or after January 1, 2005.

(d) In the event the course work and clinical experience set out in subsections (b) - (c), were earned more than 10 [ ten (10) ] years before the date of application for the intern license, the applicant must [ shall ] submit proof of current knowledge of the practice of speech-language pathology. Proof of current knowledge may include: [ recently completing continuing education or other courses; holding a current license in another state; holding a current ASHA certification; or retaking and passing the written examination. ]

(1) completing 10 hours of continuing education or other courses in the last year;

(2) holding a current license in another state; or

(3) taking and passing the written examination in the last year.

(e) An applicant who successfully completed all education and clinical requirements under this section at a college or university accredited by the ASHA Council on Academic Accreditation , but who has not had the degree officially conferred , may be licensed as an intern in order to begin the internship . Verification must be submitted in a form and manner prescribed by the department, [ but shall submit verification ] from the program director or designee verifying the applicant has met all academic course work, clinical experience requirements, and completed a thesis or passed a comprehensive examination, if required, and is awaiting the date of next graduation for the degree to be conferred.

(f) A person who completed all education and clinical requirements under this section at a college or university that is not accredited by the ASHA Council on Academic Accreditation, or at a foreign college or university, may not apply until the person's master's degree has been officially conferred, as evidenced on the person's transcript.

[(f) An applicant whose master's degree is received at a college or university accredited by the ASHA Council on Academic Accreditation will receive automatic approval of the course work and clinical experience if the program director or designee verifies that all requirements have been met and review of the transcript shows that the applicant has successfully completed at least twenty-four (24) semester credit hours acceptable toward a graduate degree in the area of speech-language pathology.]

§ 111.41. Intern in Speech-Language Pathology License--Internship and Supervision Requirements.

(a) - (b) (No change.)

(c) Intern Supervision Plan. An intern must complete the supervised professional experience under an intern supervision plan. This plan must be submitted in a form and manner prescribed by the department.

[(c)] [ Intern Plan and Agreement of Supervision Form. A Speech-Language Pathology Intern Plan and Agreement of Supervision Form shall be submitted in a manner prescribed by the department and completed by both the applicant and the proposed supervisor. The proposed supervisor must meet the requirements set out in the Act and §111.154. ]

(1) Approval from the department shall be required prior to practice by the intern and prior to any changes in supervision .

(2) An intern supervision plan must [ The Speech-Language Pathology Intern Plan and Agreement of Supervision Form shall ] be submitted upon:

(A) application for an intern license; and

(B) any addition, change, or removal of supervisors. [ changes in supervision; and ]

[(C) the addition of other supervisors.]

(3) [ (2) ] If more than one speech-language pathologist agrees to supervise the intern, each supervisor must submit an intern supervision plan, in a form and manner prescribed by the department. Each supervisor must add the intern to their license [ each proposed supervisor must submit a Speech-Language Pathology Intern Plan and Agreement of Supervision Form ].

(4) [ (3) ] The intern may not practice without an approved supervisor [ Speech-Language Pathology Intern Plan and Agreement of Supervision Form ]. The supervisor must verify that the intern appears under the supervisor's license before allowing the intern to practice. [ The supervisor may not allow an intern to practice before a Speech-Language Pathology Intern Plan and Agreement of Supervision Form is approved. ]

(5) [ (4) ] If the supervisor ceases supervision of the intern, the supervisor must [ shall ] notify the department, in a form and manner prescribed by the department, and must [ shall ] inform the intern to stop practicing immediately. The supervisor is responsible for the practice of the intern until the intern is removed from the supervisor's license [ notification has been received by the department ]. The supervisor is responsible for verifying the removal.

(6) [ (5) ] If the intern's supervisor ceases supervision, the intern must [ shall ] stop practicing immediately. The intern may not practice until the intern has a new approved supervisor and has been added to a new supervisor's license [ a new Speech-Language Pathology Intern Plan and Agreement of Supervision Form has been submitted to and approved by the department ].

(d) Internship Requirements. The internship must [ shall ]:

(1) be completed within a maximum period of 48 [ forty-eight (48) ] months once initiated;

(2) be successfully completed after no more than two attempts;

(3) consist of 36 [ thirty-six (36) ] weeks of full-time supervised professional experience (35 [ thirty-five (35) ] hours per week) totaling a minimum of 1,260 hours, or its part-time equivalent, of supervised professional experience in which clinical work has been accomplished in speech-language pathology. Professional experience of less than five hours per week cannot be used to meet the 36 week minimum or added to the minimum 1,260 hours, but the professional experience still must be completed under an approved supervisor; [ supervised by a licensed speech-language pathologist. ]

(4) involve primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals who exhibit communication disabilities; and

(5) be divided into three [ (3) ] segments with no fewer than 36 [ thirty-six (36) ] clock hours of supervisory activities to include:

(A) six [ (6) ] hours of direct supervision per segment by the supervisor(s) of the intern's client contact in which the intern provides screening, evaluation, assessment, habilitation, and rehabilitation; and

(B) six [ (6) ] hours of indirect supervision per segment with the supervisor(s) which may include correspondence, review of videos, evaluation of written reports, phone conferences with the intern, evaluations by professional colleagues . [ ; or

[(C) an alternative plan as approved by the department.]

(e) Only hours earned under the Texas-licensed, approved supervisor(s) may count toward the internship requirements. Hours earned under a supervisor in another state do not apply toward the 36 week, 1,260 hour minimums required for licensure as a speech-language pathologist. If an intern earned hours in another state in addition to hours earned under a Texas intern license, the intern will need to obtain ASHA CCCs before applying for a speech-language pathologist license and apply under §111.35(b).

[(e) Extension Request. An applicant who does not meet the time frames defined in subsection (d)(1), shall request an extension, in writing, explaining the reason for the request. The request must be signed by both the intern and the supervisor in a manner prescribed by the department. Evaluation of the intern's progress of performance from all supervisors must accompany the request. Intern plans and supervisory evaluations for any completed segments must be submitted in a manner prescribed by the department. The department shall determine if the internship:]

[(1) should be revised or extended; and]

[(2) whether additional course work, continuing professional education hours, or passing the examination referenced in §111.21 is required.]

(f) Evaluations. During each segment of the internship, each supervisor must [ shall ] conduct a formal evaluation of the intern's progress in the development of professional skills. Documentation of this evaluation shall be maintained by both parties for four [ three ] years or until the speech-language pathology license is granted. A copy of this documentation shall be submitted to the department upon request.

(g) Reporting Completed Internship Hours.

(1) Each supervisor who supervises an intern must submit a report to the department of the hours and weeks completed under their supervision. This report must be submitted within 30 days of the date the supervision ended and submitted in a form and manner prescribed by the department.

(2) If a supervisor determines that the hours and/or weeks completed under the supervisor's supervision are acceptable, the supervisor must notify the intern and affirm the acceptability of the hours to the department in a form and manner prescribed by the department.

(3) If a supervisor determines that the hours and/or weeks completed under the supervisor's supervision are not acceptable, the supervisor must provide written justification to the department.

(A) This justification must be based on formal evaluation of the intern's progress recorded during each segment of the internship. These formal evaluation records must be provided to the intern at the conclusion of each internship segment.

(B) The justification must be submitted in a form and manner prescribed by the department. A copy of the justification must be provided to the intern upon submission.

(C) The department must review the justification and determine whether to accept the hours and/or weeks submitted. If the department determines the justification is partially or wholly insufficient, the department may affirm some or all the internship hours are acceptable.

(4) If no hours were earned under an approved supervisor, the intern or the approved supervisor must submit a statement, in a form and manner prescribed by the department that no hours were earned and provide the reason. This must be submitted within 30 days of the date the supervision ended.

[(g) Changes in Internship. Prior to implementing changes in the internship, approval from the department is required.]

[(1) If the intern changes the intern's supervisor or adds additional supervisors, a current Speech-Language Pathology Intern Plan and Agreement of Supervision Form shall be submitted by the new proposed supervisor and approved by the department before the intern may resume practice as prescribed under subsection (c).]

[(2) If the intern changes the intern's supervisor, the Speech-Language Pathology Report of Completed Internship Form shall be completed by the former supervisor and the intern and submitted to the department upon completion of that portion of the internship. It is the decision of the former supervisor to determine whether the internship is acceptable. The department shall review the form and inform the intern of the results.]

[(3) Each supervisor who ceases supervising an intern shall submit a Speech-Language Pathology Report of Completed Internship Form for the portion of the internship completed under the supervisor's supervision. This must be submitted within thirty (30) days of the date the supervision ended.]

[(4) If no hours were earned under an approved supervisor, the licensed intern or the approved supervisor must submit a signed, written statement that no hours were earned and provide the reason.]

[(5) If the intern changes the intern's employer but the supervisor and the number of hours employed per week remain the same, the supervisor shall notify the department in a manner prescribed by the department of the new location. This must be submitted within thirty (30) days of the date the change occurred.]

(h) Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.

§ 111.42. Intern in Speech-Language Pathology License--Practice and Duties of Interns.

(a) A licensed intern in speech-language pathology (intern) must obtain supervised professional experience [ must perform assigned duties ] under the supervision of a licensed speech-language pathologist who has been approved by the department to serve as the intern's supervisor (supervisor).

(b) - (d) (No change.)

(e) If the intern has passed the examination referenced in §111.21 and wishes to continue to practice after the completion of the internship specified in §111.41(d), the intern must [ shall ] apply for a speech-language pathology license under Subchapter D within 30 days of passing the examination [ , if the intern passed the examination referenced in §111.21 ].

(f) The intern may continue to practice while awaiting the processing of the speech-language pathology license if the intern meets the following conditions:

(1) holds a valid intern in speech-language pathology license; and

(2) practices under the supervision of the current supervisor and remains under the approved supervisor's license. [ , who filed the Speech-Language Pathology Intern Plan and Agreement of Supervision Form and the Speech-Language Pathology Report of Completed Internship Form; and ]

[(3) practices under the terms of the current Speech-Language Pathology Intern Plan and Agreement of Supervision Form.]

§ 111.45. Intern in Speech-Language Pathology License--Application and Eligibility Requirements.

(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request [ of credentials on department-approved forms ].

(b) An applicant for an intern in speech-language pathology license must submit the following required documentation:

(1) a completed application on a department-approved form;

(2) if the graduate degree has been conferred, a [ an original or certified ] copy of the transcript(s), which shows all relevant coursework, and which shows the applicant possesses a minimum of a master's degree with a major in one of the areas of communicative sciences or disorders;

(3) if the graduate degree has not been conferred, the university program director or designee of the college or university attended may provide verification that all course work and clinical experience required for graduation has been completed in lieu of a transcript. Course work and clinical experience verification is only accepted from the program director of a college or university accredited by the ASHA Council on Academic Accreditation, and must be submitted in a form and manner prescribed by the department;

(4) [ (3) ] if the applicant graduated from a college or university with a program not accredited by the ASHA Council on Academic Accreditation, verification [ an original signed letter ] from ASHA stating the Council for Clinical Certification accepted the course work and clinical experience. The applicant must bear all expenses incurred for the verification ;

[(4) if the graduate degree has not been conferred, the Course Work and Clinical Experience Form completed by the university program director or designee of the college or university attended;]

(5) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, an [ original ] evaluation form from an ASHA- approved transcript evaluation service stating that the applicant's degree is a master's degree or higher with a major in one of the areas of communicative sciences or disorders;

(6) an intern supervision plan as prescribed under §111.41 [ an Intern Plan and Agreement of Supervision Form completed by the proposed supervisor and signed by both the applicant and the proposed supervisor ];

(7) proof of successfully completing the jurisprudence examination under §111.23; and

(8) the initial application fee required under §111.160.

(c) If not previously submitted when applying for an assistant license, an applicant for an intern in speech-language pathology license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.

(d) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.

§ 111.47. Intern in Speech-Language Pathology License--License Terms; Renewals.

(a) Pursuant to §51.203(b), an intern in speech-language pathology license is valid for one year from the date of issuance and may be renewed annually , up to three times .

(b) Pursuant to §111.41(d)(1), the internship must be completed within a maximum period of 48 months once initiated. Only one speech-language pathology intern license may be issued. The internship must be completed and the examination under §111.21 must be passed within the 48 month period or the speech-language pathology intern will need to apply for a speech-language pathology assistant license.

(c) [ (b) ] A licensee is responsible for submitting all required documentation and information and paying the renewal application fee prior to the expiration date of the license.

(d) [ (c) ] To renew an intern in speech-language pathology license, a licensee must:

(1) submit a completed renewal application on a department-approved form;

(2) complete 10 [ ten (10) ] hours of continuing education as required under §111.130;

(3) comply with the continuing education audit process described under §111.132, if selected for an audit;

(4) submit an Intern Plan and Agreement of Supervision Form for the intern's upcoming experience unless the intern is currently not practicing. In that event, the intern must [ shall ] provide an explanation of the reason for not practicing; and

(5) (No change.)

(e) [ (d) ] A licensee must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines in order to renew the license. The department will notify the licensee if the person needs to submit new fingerprints.

(f) [ (e) ] For each license renewal on or after September 1, 2020, the licensee must complete the human trafficking prevention training required under Texas Occupations Code, Chapter 116, and provide proof of completion as prescribed by the department.

(g) [ (f) ] The department may deny the renewal of the license pursuant to Texas Occupations Code §401.451.

(h) [ (g) ] If all conditions required for renewal are met prior to expiration, the department must [ shall ] issue a renewed license.

(i) [ (h) ] A person whose license has expired may late renew the license in accordance with the procedures set out under §60.31 and §60.83 of this title

(j) [ (i) ] A person whose license has expired may not practice or engage in speech-language pathology.

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 May 27, 2025.

TRD-202501844

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER F. REQUIREMENTS FOR ASSISTANT IN SPEECH-LANGUAGE PATHOLOGY LICENSE

16 TAC §111.50

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.

§ 111.50. Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience.

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 May 27, 2025.

TRD-202501845

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


16 TAC §§111.50 - 111.52, 111.55

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) An individual must not practice as an assistant in speech-language pathology without a current license issued by the department. An applicant for an assistant in speech-language pathology license must meet the requirement under the Act and this section.

(b) Degree. A degree must be completed at a college or university which has a program accredited by the ASHA Council on Academic Accreditation or holds accreditation or candidacy status from a recognized regional accrediting agency.

(1) An applicant must hold a baccalaureate degree with an emphasis or major in communicative sciences or disorders.

(2) An applicant who holds a baccalaureate degree with a major that is not in communicative sciences or disorders may qualify for the assistant license. The department must evaluate transcripts on a case-by-case basis to ensure equivalent academic preparation, which may include some leveling hours.

(3) The transcripts showing the conferred degree must be evaluated as follows:

(A) only course work meeting the requirements of subsection (c) will be acceptable;

(B) a quarter hour of academic credit must be considered as two-thirds of a semester credit hour; and

(C) academic courses, the titles of which are not self-explanatory, must be substantiated through course descriptions in official school catalogs or bulletins or by other official means.

(4) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a baccalaureate degree or higher with a major in one of the areas of communicative sciences or disorders. The applicant must bear all expenses incurred for the evaluation.

(5) An applicant who holds a baccalaureate degree with a major not in communicative sciences or disorders and whose transcript is in a language other than English or whose degree was earned at a foreign university may qualify for the assistant license if the applicant submits documentation in a form and manner prescribed by the department that shows the applicant completed sufficient communicative sciences or disorders academic leveling courses. The academic leveling courses must be completed at a college or university which has a program accredited by the ASHA Council on Academic Accreditation or holds accreditation or candidacy status from a regional accrediting agency in the United States and approved by the department.

(c) Course Work. The applicant must have acquired at least 24 semester credit hours in communicative sciences or disorders as prescribed by this subsection.

(1) The applicant must have received a grade of "C" or above, or a passing grade if letter grades are not issued by the university, for these semester credit hours.

(2) At least 18 of the 24 semester credit hours must be in speech-language pathology.

(3) At least three of the 24 semester credit hours must be in language disorders.

(A) These courses must cover disorders specific to phonology, morphology, syntax, pre-literacy, and/or language-based literacy skills.

(B) These courses do not include introductory, survey, or overview language courses.

(4) At least three of the 24 semester credit hours must be in speech disorders.

(A) These courses must cover disorders specific to articulation, fluency, resonance and/or voice.

(B) These courses do not include introductory, survey, or overview courses of speech.

(5) A combined language and speech disorders class for three semester hours will not be credited to meet the requirements of both (c)(3) and (c)(4). The class will only be credited toward one of the requirements, but not both.

(6) The 24 semester credit hours excludes course work such as special education, deaf education, or sign language.

(7) The 24 semester credit hours must be academic course work and excludes courses which only offer clinical experience without a classroom component.

(d) Clinical Observation and Experience. The applicant must have earned at least 25 hours of clinical observation in the area of speech-language pathology and 25 hours of clinical assisting experience in the area of speech-language pathology.

(1) These hours must be obtained through an accredited college or university or in one of its cooperating programs. If these hours are not obtained, the applicant must complete the missing hours with the applicant's supervisor upon issuance of the assistant license as prescribed under subsection (e).

(2) An applicant who held an assistant license in another state and completed hours for that license does not need to submit proof of completion of the 25 hours of clinical observation and 25 hours of clinical assisting experience.

(e) An applicant who has not acquired the required hours under subsection (d) must complete the hours under 100% direct supervision by the approved supervisor once the license is issued and before the assistant may begin to practice.

(1) The licensed speech-language pathologist who will provide the applicant with the training to acquire these hours must meet the requirements set out in the Act and §111.154, must be the approved supervisor of the assistant, and must have the assistant complete any missing hours under 100% direct supervision before allowing the assistant to practice without 100% direct supervision.

(2) If the assistant changes supervisors before completing the missing clinical observation and clinical assisting experience hours, the assistant must complete the missing hours under 100% direct supervision by the new supervisor before being allowed to provide services under the assistant license.

(f) In the event the degree, course work, or clinical observation and experience set out in this section were earned more than 10 years before the date of application for the assistant license, the applicant must submit proof of current knowledge of the practice of speech-language pathology to be evaluated by the department. Proof of current knowledge may include: completing at least 10 hours of continuing education or other courses within the last year; or holding a current license in another state.

(g) An assistant may not begin to perform any duties until the license has been issued and all missing clinical observation and clinical assisting experience hours are complete, if applicable.

§ 111.51. Assistant in Speech-Language Pathology License--Supervision Requirements.

(a) - (b) (No change.)

(c) Assistant Supervision Plan. An assistant must practice under an assistant supervision plan. This plan must be submitted in a form and manner prescribed by the department.

[(c)] [ Supervisory Responsibility Statement Form. A Supervisory Responsibility Statement Form shall be submitted in a manner prescribed by the department by both the applicant and the proposed supervisor. The proposed supervisor must meet with the requirements set out in the Act and §111.154. ]

(1) Approval from the department must [ shall ] be required prior to practice by the assistant and prior to any changes in supervision .

(2) An assistant supervision plan must [ The Supervisor Responsibility Statement Form shall ] be submitted upon:

(A) application for an assistant license; and

(B) any addition, change, or removal of supervisors. [ changes in supervision; and ]

[(C) the addition of other supervisors.]

(3) [ (2) ] If more than one speech-language pathologist agrees to supervise the assistant, the assistant must submit an assistant supervision plan for each supervisor, in a form and manner prescribed by the department. Each supervisor must add the assistant to their license [ each proposed supervisor must submit a separate Supervisor Responsibility Statement Form in manner prescribed by the department ].

(4) [ (3) ] The assistant may not practice without an approved supervisor [ Supervisor Responsibility Statement Form ]. The supervisor must verify that the assistant appears under the supervisor's license before allowing the assistant to practice [ The supervisor may not allow an assistant to practice before a Supervisor Responsibility Statement Form is approved ].

(5) [ (4) ] The assistant must [ shall ] only provide services for the caseload of the assistant's current, approved supervisor(s) [ who have current Supervisor Responsibility Statement Forms on file with the department ].

(6) [ (5) ] If the supervisor ceases supervision of the assistant, the supervisor must [ shall ] notify the department, in a form and manner prescribed by the department, and must [ shall ] inform the assistant to stop practicing immediately. The supervisor is responsible for the practice of the assistant until the assistant is removed from the supervisor's license [ notification has been received by the department ]. The supervisor is responsible for verifying the removal.

(7) [ (6) ] If the assistant's supervisor ceases supervision, the assistant must [ shall ] stop practicing immediately. The assistant may not practice until the assistant has a new approved supervisor and has been added to a new supervisor's license [ a new Supervisor Responsibility Statement Form has been submitted to and approved by the department ].

(d) The supervisor must [ shall ] assign duties and provide appropriate supervision to the assistant.

(e) (No change.)

(f) Client Contacts.

(1) Initial contacts directly with the client must [ shall ] be conducted by the supervisor.

(2) Following the initial contact, the supervisor must [ shall ] determine whether the assistant has the competence to perform specific duties before delegating tasks.

(g) Amount and Type of Supervision. Each supervisor must [ shall ] provide a minimum of eight [ (8) ] hours per calendar month of supervision to the assistant. This subsection applies whether the assistant is employed full-time or part-time.

(1) At least four [ (4) ] hours must be direct supervision.

(2) The remaining hours may be performed using indirect supervision.

(3) If fewer than four [ (4) ] weeks are worked in a calendar month, then the number of hours of supervision provided will be based on the number of weeks worked. Two [ (2) ] hours of supervision must be provided for each week worked, including one [ (1) ] hour of direct supervision and one [ (1) ] hour of indirect supervision.

(4) - (5) (No change.)

(h) Delegating Clinical Tasks.

(1) (No change.)

(2) The supervisor must [ shall ] ensure that all services are documented and provided in compliance with the Act and this chapter.

(3) The supervisor must [ shall ]:

(A) in writing, determine the skills and assigned tasks the assistant is able to carry out under §111.52. This document must be agreed upon by the assistant and the supervisor;

(B) notify the client or client's legal guardian(s) that services will be provided by a licensed assistant;

(C) develop the client's treatment program in all settings and review it with the assistant who will provide the service; and

(D) maintain responsibility for the services provided by the assistant.

(i) Admission, Review, and Dismissal Meetings. The supervisor, prior to an Admission, Review and Dismissal (ARD) meeting, must [ shall ]:

(1) - (3) (No change.)

(j) Records. The supervisor must [ shall ] maintain the following records.

(1) The supervisor must [ shall ] maintain for a period of three years supervisory records that verify regularly scheduled monitoring, assessment, and evaluation of the assistant's and client's performance. Such documentation may be requested by the department.

(2) The supervisor must [ shall ] keep job descriptions and performance records of the assistant. Records must [ shall ] be current and made available upon request to the department.

(k) Supervision Audits. The department may audit a random sampling of assistants for compliance with this section and §111.154.

(1) The department must [ shall ] notify the assistant and the supervisor in a form and manner prescribed by the department that the assistant has been selected for an audit.

(2) Upon receipt of an audit notification, the assistant and the supervisor must [ shall ] provide in a form and manner prescribed by the department the requested proof of compliance to the department.

(3) The assistant and the supervisor must [ shall ] comply with the department's request for documentation and information concerning compliance with the audit.

(l) (No change.)

§ 111.52. Assistant in Speech-Language Pathology License--Practice and Duties of Assistants.

(a) - (b) (No change.)

(c) Duties that a supervisor may assign to an assistant, who has received appropriate training, include the following:

(1) - (4) (No change.)

(5) act as translator;

(6) [ (5) ] administer routine tests if the test developer does not specify a graduate degreed examiner and the supervisor has determined the assistant is competent to perform the test;

(7) [ (6) ] maintain clinical records;

(8) [ (7) ] prepare clinical materials;

(9) prepare and create daily notes that do not require a supervisor's signature and are not related to billing;

(10) [ (8) ] participate with the supervisors' research projects, staff development, public relations programs, or similar activities as designated and supervised by the supervisor; and

(11) [ (9) ] write lesson plans based on the therapy program developed by the supervisor. The lesson plans must [ shall ] be reviewed and approved by the supervisor.

(d) The assistant must [ shall ] not:

(1) - (11) (No change.)

(12) practice as an assistant without an approved supervisor [ a current Supervisory Responsibility Statement on file with the department ];

(13) - (15) (No change.)

(16) demonstrate feeding or swallowing strategies or precautions to clients, family, or staff;

(17) provide client or family counseling; or

(18) sign any formal document relating to the reimbursement for or the provision of speech-language pathology services without the supervisor's signature . [ ; or ]

[(19) use "SLP-A" or "STA" as indicators for their credentials. Licensees shall use "Assistant SLP" or "SLP Assistant" to shorten their professional title.]

(e) An assistant may represent special education and speech pathology at the Admission, Review, and Dismissal (ARD) meetings with the following stipulations:

(1) The assistant must [ shall ] have written documentation of approval from the supervisor.

(2) The assistant must [ shall ] have three years of experience as an assistant in the school setting.

(3) (No change.)

(4) The assistant must [ shall ] present IEP goals and objectives that have been developed by the supervisor and reviewed with the parent by the supervisor.

(5) The assistant must [ shall ] discontinue participation in the ARD meeting and shall contact the supervisor when questions or changes arise regarding the IEP document.

(f) (No change.)

(g) Licensed assistants must use "Assistant SLP" or "SLP Assistant" to shorten their professional title. Licensed assistants may not use "SLP-A" or "STA."

(h) Licensed assistants who have earned their ASHA Speech-Language Pathology Assistant certification may use "C-SLP Assistant" in the assistant's title, in addition to Assistant SLP, SLP Assistant, or the full professional title. The "C-SLP Assistant" credential indicator is not a substitute for the use of the "Assistant SLP", "SLP Assistant", or the full professional title.

§ 111.55. Assistant in Speech-Language Pathology License--Application and Eligibility Requirements.

(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request [ of credentials on department-approved forms ].

(b) An applicant for an assistant in speech-language pathology license must submit the following required documentation:

(1) a completed application on a department-approved form;

(2) an assistant supervision plan [ a completed Supervisory Responsibility Statement Form ] as prescribed under §111.51;

(3) a copy [ an original or certified copy ] of the transcript(s), which shows the 24 semester credit hours of required course work and which shows the applicant possesses a baccalaureate degree with an emphasis in communicative sciences or disorders or a baccalaureate degree that qualifies under §111.50(c);

(4) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, the applicant must submit an evaluation form from an ASHA-approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a baccalaureate degree or higher. The applicant must bear all expenses incurred for the evaluation. If the degree is not in communicative sciences, the applicant must also meet the requirements of §111.50(b)(5);

(5) [ (4) ] verification of 25 hours of clinical observation and 25 hours of clinical assisting experience from [ if not previously submitted, a Clinical Observation and Clinical Experience Form completed by ] the university program director or designee of the college or university training program showing [ verifying ] the applicant completed the requirements set out in §111.50(d), if any hours were earned [ §111.50(a)(3) ] ;

(6) [ (5) ] for an applicant who did not obtain the hours referenced in paragraph (5) [ (4) ], the missing hours must be completed under direct supervision by the approved supervisor upon license issuance [ a Clinical Deficiency Plan Form to obtain the hours lacking ];

(7) [ (6) ] proof of successfully completing the jurisprudence examination under §111.23; and

(8) [ (7) ] the initial application fee required under §111.160.

(c) - (d) (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 May 27, 2025.

TRD-202501846

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER H. REQUIREMENTS FOR AUDIOLOGY LICENSE

16 TAC §111.70, §111.75

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.

§ 111.70. Audiology License--Licensing Requirements.

(a) An individual must [ shall ] not practice as an audiologist without a current license issued by the department. An applicant for the audiology license must [ shall ] meet the requirements set out in the Act and this section.

(b) (No change.)

(c) An applicant whose transcript is in a language other than English or whose degree was earned at a foreign university must [ shall ] submit an [ original ] evaluation form from an ASHA- approved transcript evaluation service. The transcript evaluation service must determine that the applicant's degree is a doctoral degree in audiology or a related hearing science. The applicant must [ shall ] bear all expenses incurred for the evaluation [ during the procedure ].

(d) An applicant who graduated from a college or university program not accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001 et seq.) must [ shall ] have the ASHA Council for Clinical Certification evaluate the course work to determine whether the applicant qualified for the Certificate of Clinical Competence. The applicant must [ shall ] bear all expenses incurred for the verification [ during the procedure ].

(e) Examination. An applicant must [ shall ] pass the examination referenced under §111.21.

[(f) An applicant who previously held the ASHA Certificate of Clinical Competence or the ABA Certification may have the certificate reinstated and apply for licensure under §111.75(d).]

§ 111.75. Audiology License--Application and Eligibility Requirements.

(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request.

(b) An applicant for an audiology license who holds or has held the ASHA Certification of Clinical Competence (ASHA CCC) or ABA Certification may apply by submitting the following required documentation:

(1) a completed application on a department-approved form;

(2) verification of holding a current or expired ASHA CCC or ABA Certification, which demonstrates that the applicant has met the education, supervised professional experience, and written examination requirements for the license;

(3) proof of current knowledge, which may include completing at least 10 hours of continuing education or other courses within the last year or holding a current license in another state;

(4) proof of successfully completing the jurisprudence examination under §111.23;

(5) the initial application fee required under §111.160.

(c) An applicant for an audiology license who has never held an ASHA CCC or ABA Certification must submit the following required documentation:

(1) a completed application on a department-approved form;

(2) a copy of the transcript(s), which shows the conferred doctoral degree in audiology or a related hearing science;

(3) if the degree was not earned at an institution as described in §111.70(b), verification from the ASHA Council for Clinical Certification that the conferred doctoral degree is adequate for ASHA Certification or from the ABA that the conferred doctoral degree is adequate for ABA Certification;

(4) if the applicant's transcript is in a language other than English or the degree was earned at a foreign university, an evaluation from an ASHA-approved transcript evaluation service stating that the applicant's degree is a doctoral degree in audiology or a related hearing science;

(5) if the applicant currently holds a Texas intern in audiology license, proof of completion of an internship, in a form and manner prescribed by the department;

(6) a copy of the Praxis Exam Score Report showing the applicant passed the examination described in §111.21;

(7) proof of successfully completing the jurisprudence examination under §111.23; and

(8) the initial application fee required under §111.160.

(d) If not previously submitted when applying for an assistant or intern license, an applicant for an audiology license must submit a completed legible set of fingerprints, on a form prescribed by the department, to the Department of Public Safety for the purpose of obtaining criminal history record information. An applicant must successfully pass a criminal history background check pursuant to Texas Occupations Code, Chapters 51 and 53, and the department's criminal conviction guidelines.

(e) Upgrade from Intern License to Full License. An applicant, who holds a current Texas intern in audiology license, may upgrade to an audiology license by submitting:

(1) a completed upgrade application on a department-approved form;

(2) the required documents under subsection (c)(2), (5), (6), and (7); and

(3) the initial application fee required under §111.160.

(f) An applicant must complete all licensing requirements within one year from the date the application was submitted. After that year an applicant will be required to submit a new application and all required materials in addition to paying a new application fee.

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 May 27, 2025.

TRD-202501847

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


16 TAC §111.75

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.

§ 111.75. Audiology License--Application and Eligibility Requirements.

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 May 27, 2025.

TRD-202501848

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER I. REQUIREMENTS FOR INTERN IN AUDIOLOGY LICENSE

16 TAC §§111.80 - 111.82, 111.85, 111.87

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.

§ 111.80. Intern in Audiology License--Licensing Requirements--Education.

(a) An individual must [ shall ] not practice as an intern in audiology without a current license issued by the department. An applicant for the intern in audiology license must [ shall ] meet the requirements set out in the Act and this section.

(b) Education. The individual must be enrolled in a doctoral degree program in audiology or a related hearing science [ shall be obtained ] at a college or university that has a program accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001 et seq.). Programs in candidacy status are considered accredited.

(c) An individual [ applicant ] who is enrolled in [ graduated from ] a college or university program not accredited by a national accrediting organization that is approved by the department and recognized by the United States Secretary of Education under the Higher Education Act of 1965 (20 U.S.C. §1001 et seq.) must [ shall ] have the ASHA Council for Clinical Certification evaluate the course work to determine whether the applicant qualified for the Certificate of Clinical Competence. The applicant must [ shall ] bear all expenses incurred during the procedure.

[(d) The applicant shall submit the department prescribed form signed by the university program director or designee verifying the applicant is enrolled in a professionally recognized accredited doctoral program as approved by the department.]

§ 111.81. Intern in Audiology License--Internship and Supervision Requirements.

(a) - (b) (No change.)

(c) Intern Supervision Plan. An intern must complete the supervised professional experience under an intern supervision plan. This plan must be submitted in a form and manner prescribed by the department.

[(c)] [ Intern Plan and Agreement of Supervision Form. An Audiology Intern Plan and Agreement of Supervision Form shall be submitted in a manner prescribed by the department and completed by both the applicant and the proposed supervisor. The proposed supervisor must meet the requirements set out in the Act and §111.154. ]

(1) Approval [ Written approval ] from the department must [ shall ] be required prior to practice by the intern and prior to any changes in supervision [ in audiology ]. [ The Audiology Intern Plan and Agreement of Supervision Form shall be submitted upon: ]

[(A) application for an intern license;]

[(B) any changes in supervision; and]

[(C) the addition of other supervisors.]

(2) An intern supervision plan must be submitted upon:

(A) application for an intern license; and

(B) any addition, change, or removal of supervisors.

(3) [ (2) ] If more than one audiologist agrees to supervise the intern, each supervisor must submit an intern supervision plan in a form and manner prescribed by the department. Each supervisor must add the intern to their license [ each proposed supervisor must submit an Audiology Intern Plan and Agreement of Supervision Form ].

(4) [ (3) ] The intern may not practice without an approved supervisor [ Audiology Intern Plan and Agreement of Supervision Form ]. The supervisor must verify that the intern appears under the supervisor's license before allowing the intern to practice Audiology. [ The supervisor may not allow an intern to practice before an Audiology Intern Plan and Agreement of Supervision Form is approved. ]

(5) [ (4) ] If the supervisor ceases supervision of the intern, the supervisor must [ shall ] notify the department, in a form and manner prescribed by the department, and must [ shall ] inform the intern to stop practicing immediately. The supervisor is responsible for the practice of the intern until the intern is removed from the supervisor's license [ notification has been received by the department ]. The supervisor is responsible for verifying the removal.

(6) [ (5) ] If the intern's supervisor ceases supervision, the intern must [ shall ] stop practicing immediately. The intern may not practice until the intern has a new approved supervisor and has been added to a new supervisor's license [ a new Audiology Intern Plan and Agreement of Supervision Form has been submitted to and approved by the department ].

(d) Internship Requirements. The internship must [ shall ]:

(1) begin after completion of all academic course work under §111.80; and

[(2) consist of 1,600 hours of supervised clinical work as defined in paragraph (3); and]

(2) [ (3) ] consist of supervised professional experience involving [ involve ] primarily clinical activities such as assessment, diagnosis, evaluation, screening, treatment, report writing, family/client consultation, and/or counseling related to the management process of individuals conducted under the direction of a professionally recognized accredited doctoral program as approved by the department .

[(e) Changes in Internship. Prior to implementing changes in the internship, written approval from the department is required.]

[(1) If the intern changes the intern's supervisor or adds additional supervisors, a current Audiology Intern Plan and Agreement of Supervision Form shall be submitted by the new proposed supervisor and approved by the department before the intern may resume practice as prescribed under subsection (c).]

[(2) If the intern changes the intern's supervisor, the Audiology Report of Completed Internship Form shall be completed by the former supervisor and the intern and submitted to the department upon completion of that portion of the internship. It is the decision of the former supervisor to determine whether the internship meets the department's requirements. The department shall review the form and inform the intern of the results.]

[(3) A supervisor who ceases supervising an intern shall submit an Audiology Report of Completed Internship Form for the portion of the internship completed under the supervisor's supervision. This must be submitted within 30 days of the date the supervision ended.]

[(4) If no hours were earned under an approved supervisor, the licensed intern or the approved supervisor must submit a signed, written statement that no hours were earned and provide the reason.]

[(5) If the intern changes the intern's employer but the supervisor and the number of hours employed per week remain the same, the supervisor shall submit a signed statement or submit in a manner prescribed by the department giving the name, address and phone number of the new location. This must be submitted within thirty (30) days of the date the change occurred.]

(e) [ (f) ] Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.

§ 111.82. Intern in Audiology License--Practice and Duties of Interns.

(a) A licensed intern in audiology (intern) must obtain supervised professional experience [ perform assigned duties ] under the supervision of a licensed audiologist who has been approved by the department to serve as the intern's supervisor (supervisor).

(b) (No change.)

(c) The intern may continue to practice while awaiting the processing of the audiology license if the intern meets the following conditions:

(1) holds a valid intern in audiology license; and

(2) practices under the supervision of the current supervisor . [ , who filed the Audiology Intern Plan and Agreement of Supervision Form and the Report of Completed Internship in Audiology; and ]

[(3) practices under the terms of the current Audiology Intern Plan and Agreement of Supervision Form].

§ 111.85. Intern in Audiology License--Application and Eligibility Requirements.

(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request. [ on department-approved forms. ]

(b) An applicant for an intern in audiology license must submit the following required documentation:

(1) a completed application on a department-approved form;

(2) verification from the university program director or designee of the college or university stating that the applicant is enrolled in a professionally recognized accredited doctoral program as approved by the department and that the applicant has completed all required academic and clinical course work;

(3) an intern supervision plan submitted in a form and manner prescribed by the department;

[(2) a Course Work and Clinical Experience Form for Audiology Intern completed by the university program director or designee of the college or university attended which verifies the applicant is enrolled in a professionally recognized accredited doctoral program as approved by the department, and has completed all required academic and clinical course work;]

[(3) an Intern Plan and Agreement of Supervision Form completed by the proposed supervisor and signed by both the applicant and the proposed supervisor;]

(4) - (5) (No change.)

(c) - (d) (No change.)

§ 111.87. Intern in Audiology License--License Terms; Renewals.

(a) An intern in audiology license is valid for two years from the date of issuance and may be renewed biennially.

[(a) Pursuant to §51.203(b), an intern in audiology license is valid for one year from the date of issuance and may be renewed annually.]

(b) (No change.)

(c) To renew an intern in audiology license, a licensee must:

(1) submit a completed renewal application on a department-approved form;

(2) submit an intern supervision plan [ Intern Plan and Agreement of Supervision Form ] for the intern's upcoming experience unless the intern is currently not practicing. In that event, the intern must [ shall ] provide an explanation of the reason for not practicing; and

(3) (No change.)

(d) - (i) (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 May 27, 2025.

TRD-202501849

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER J. REQUIREMENTS FOR ASSISTANT IN AUDIOLOGY LICENSE

16 TAC §§111.90 - 111.92, 111.95

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.

§ 111.90. Assistant in Audiology License--Licensing Requirements--Education and Training.

(a) An individual must [ shall ] not practice as an assistant in audiology without a current license issued by the department. An applicant for an assistant in audiology license must [ shall ] meet the requirements set out in the Act and this section.

(b) An assistant in audiology must [ shall ] meet the following requirements:

(1) reach the minimum age of 18 years old and possess a high school diploma or equivalent;

(2) complete the approved 20-hour certification course from the Council for Accreditation of Occupational Hearing Conservation (CAOHC) and earn a passing score on the examination;

(3) if the applicant holds a baccalaureate [ bachelor's ] degree or higher in communicative sciences or disorders, the applicant does not need to complete the certification course and examination under subsection (b)(2);

(4) work under an approved supervisor and an assistant supervision plan approved by the department [ submit the Supervisory Responsibility Statement for an Assistant in Audiology Form prescribed ] under §111.91; [ and ]

(5) agree [ submit a plan ] to complete a minimum of 25 [ twenty-five (25) ] hours of job-specific competency-based training to be carried out by the supervisor upon initial issuance of license; and [ . Until this training is complete, the licensed assistant in audiology may practice only under in-person, direct supervision by the supervisor. ]

(6) complete all training hours under the supervision of an approved supervisor.

(c) An assistant may not begin to practice until all supervised training hours are complete and the license has been issued, if applicable.

[(c) Upon satisfactory completion of job-specific competency-based training under subsection (b)(5), the supervisor shall submit the Report of Completed Training for an Assistant in Audiology Form on behalf of the licensed assistant in audiology. After the department approves the report, the licensed assistant may practice only in compliance with the supervision requirements under §111.91 and §111.92.]

§ 111.91. Assistant in Audiology License--Supervision Requirements.

(a) - (b) (No change.)

(c) A supervisor must ensure all training hours completed by the assistant are supervised.

[(c) ] [ Supervisory Responsibility Statement Form. A Supervisory Responsibility Statement Form shall be submitted in a manner prescribed by the department by both the applicant and the proposed supervisor. The proposed supervisor must meet the requirements set out in the Act and §111.154. ]

(1) Approval from the department must [ shall ] be required prior to practice by the [ licensed ] assistant and prior to any changes in supervision. [ in audiology. The Supervisory Responsibility Statement for an Assistant in Audiology Form shall be submitted upon: ]

[(A) application for a license;]

[(B) any changes in supervision; and]

[(C) addition of other supervisors.]

(2) An assistant supervision plan must be submitted upon:

(A) application for an assistant license; and

(B) any addition, change, or removal of supervisors.

(3) [ (2) ] If more than one audiologist agrees to supervise the assistant, each supervisor must submit an assistant supervision plan, in a form and manner prescribed by the department. Each supervisor must add the assistant to their license [ proposed supervisor must submit a separate Supervisory Responsibility Statement Form in a manner prescribed by the department ].

(4) [ (3) ] The assistant may not practice without an approved supervisor [ Supervisor Responsibility Statement Form ]. The supervisor must verify that the assistant appears under the supervisor's license before allowing the assistant to practice [ The supervisor may not allow an assistant to practice before a Supervisor Responsibility Statement Form is approved ].

(5) [ (4) ] The assistant must [ shall ] only provide services for the clients [ the caseload ] of the assistant's current, approved supervisors [ who have current Supervisor Responsibility Statement Forms on file with the department ].

(6) [ (5) ] If the supervisor ceases supervision of the assistant, the supervisor must [ shall ] notify the department, in a form and manner prescribed by the department, and must [ shall ] inform the assistant to stop practicing immediately. The supervisor is responsible for the practice of the assistant until the assistant is removed from the supervisor's license [ notification has been received by the department ]. The supervisor is responsible for verifying the removal.

(7) [ (6) ] If the assistant's supervisor ceases supervision, the assistant must [ shall ] stop practicing immediately. The assistant may not practice until the assistant has a new approved supervisor and has been added to a new supervisor's license [ a new Supervisor Responsibility Statement Form has been submitted to and approved by the department ].

(d) Assistant Supervision Plan. An assistant must practice under an assistant supervision plan. This plan must be submitted in a form and manner prescribed by the department.

(e) [ (d) ] A supervisor must [ shall ] assign duties and provide appropriate supervision to the assistant.

(f) [ (e) ] Client Contacts.

(1) All diagnostic contacts must [ shall ] be conducted by the supervisor.

(2) Following the initial diagnostic contact, the supervisor must [ shall ] determine whether the assistant has the competence to perform specific non-diagnostic and non-prohibited duties before delegating tasks as referenced in §111.92(c).

(g) [ (f) ] Amount and Type of Supervision. Each supervisor must provide a minimum of four [ ten (10) ] hours per week, or sixteen [ forty (40) ] hours per calendar month, of supervision to the assistant. This subsection applies whether the assistant is employed full-time or part-time.

(1) At least one [ (1) ] hour per week, or four [ (4) ] hours per calendar month, must be direct supervision.

(2) The remaining hours may be performed using indirect supervision.

(3) If fewer than four [ (4) ] weeks are worked in a calendar month, then the number of hours of supervision provided will be based on the number of weeks worked. Four [ Ten (10) ] hours of supervision must be provided for each week worked, including one [ (1) ] hour of direct supervision.

(4) - (5) (No change.)

(h) [ (g) ] Delegating Clinical Tasks.

(1) Although the supervisor may delegate specific clinical tasks to an assistant, the responsibility to the client for all services provided cannot be delegated.

(2) The supervisor must [ shall ] ensure that all services are documented and provided in compliance with the Act and this chapter.

(3) The supervisor must [ shall ]:

(A) - (C) (No change.)

(i) [ (h) ] Records. The supervisor must [ shall ] maintain the following records.

(1) Supervisory records must [ shall ] be maintained by the supervisor for a period of three years which verify regularly scheduled monitoring, assessment, and evaluation of the assistant's and client's performance. Such documentation may be requested by the department.

(2) The supervisor must [ shall ] keep job descriptions and performance records. Records must [ shall ] be current and be made available upon request to the department.

(j) [ (i) ] Supervision Audits. The department may audit a random sampling of assistants for compliance with this section and §111.154.

(1) The department must [ shall ] notify an assistant and the supervisor in a form and manner prescribed by the department that the assistant has been selected for an audit.

(2) Upon receipt of an audit notification, the assistant and the supervisor, who agreed to accept responsibility for the services provided by the assistant, must [ shall ] provide the requested proof of compliance to the department in a form and manner prescribed by the department.

(3) The assistant and the supervisor must [ shall ] comply with the department's request for documentation and information concerning compliance with the audit.

(k) [ (j) ] Notwithstanding the supervision provisions in this section, the department may establish procedures, processes, and mechanisms for the monitoring and reporting of the supervision requirements.

§ 111.92. Assistant in Audiology License--Practice and Duties of Assistants.

(a) - (c) (No change.)

(d) The assistant must [ shall ] not:

(1) - (17) (No change.)

(18) practice as an assistant without an approved supervisor [ a valid Supervisory Responsibility Statement for an Audiology Assistant Form on file with the department ].

(e) - (f) (No change.)

§ 111.95. Assistant in Audiology License--Application and Eligibility Requirements.

(a) Unless otherwise indicated, an applicant must submit all required information and documentation of credentials in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request. [ on department-approved forms. ]

(b) An applicant for an assistant in audiology license must submit the following required documentation:

(1) (No change.)

(2) an assistant supervision plan [ a completed Supervisory Responsibility Statement Form ] as prescribed under §111.91;

(3) (No change.)

(4) copy of high school diploma or equivalent;

(5) a [ an original or certified ] copy of the Council for Accreditation of Occupational Hearing Conservation (CAOHC) certificate indicating that the applicant has completed the required CAOHC training and passed the required examination;

(6) if the applicant holds a baccalaureate [ bachelor's ] degree or higher in communicative sciences or disorders, submit proof of degree instead of the high school diploma under subsection (b)(4) and the certificate under subsection (b)(5);

(7) proof of successfully completing the jurisprudence examination under §111.23; and

(8) (No change.)

(c) - (d) (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 May 27, 2025.

TRD-202501850

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER L. REQUIREMENTS FOR DUAL LICENSE IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

16 TAC §111.115

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.

§ 111.115. Dual License in Speech-Language Pathology and Audiology--Application and Eligibility Requirements.

(a) Unless otherwise indicated, an applicant must submit all required information and documentation in a form and manner prescribed by the department. Original or certified copies of documentation must be submitted to the department upon request. [ of credentials on department-approved forms. ]

(b) - (c) (No change.)

(d) An applicant who holds or has held the ASHA CCC or ABA Certification [ that qualifies for a waiver under §111.35 or §111.75 ] must submit the certification [ waiver ] documentation required under §111.35 and §111.75 [ those two sections ].

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 May 27, 2025.

TRD-202501851

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER P. RESPONSIBILITIES OF THE LICENSEE AND CODE OF ETHICS

16 TAC §111.150, §111.154

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 must [ is required to ] provide a current name, address, contact telephone number, and valid email address [ telephone number, and employment information ]. The licensee must [ shall ] notify the department of any changes within 30 [ thirty (30) ] days of such changes on a department-approved form or using a department-approved method [ in a form and manner prescribed by the department ].

(b) (No change.)

(c) To receive a duplicate license, the licensee must [ shall ] submit the duplicate/replacement fee required under §111.160.

§ 111.154. Supervision Requirements[ , Duties, ] and Responsibilities [ of Supervisors and Persons Being Supervised ].

(a) A licensee who wants to supervise an intern or assistant must meet the requirements under this section and be approved by the department.

[(a) A licensee must have two years of professional experience in providing direct client services in the area of licensure in order to supervise an intern or assistant. One year of the licensee's internship shall be counted toward the two years of experience.]

(b) Experience. A licensee must have at least two years of professional experience in providing direct client services in the area of licensure in order to supervise an intern or assistant.

(1) One year of the licensee's internship may be counted toward the two years of experience.

(2) The professional experience may have been obtained under a license in another state.

[(b) A licensee may not supervise an individual that is related to the licensee within the first degree of consanguinity, as determined under Government Code, Chapter 573, Subchapter B.]

(c) License Type. A licensee must hold the appropriate license type to supervise.

(1) [ (c) ] A supervisor of an intern in speech-language pathology must be a licensed speech-language pathologist [ who is approved by the department and ] who possesses at least a master's degree with a major in one of the areas of communicative sciences or disorders.

(2) [ (d) ] A supervisor of an assistant in speech-language pathology must be a licensed speech-language pathologist [ who is approved by the department ].

(3) [ (e) ] A supervisor of an intern in audiology or an assistant in audiology must be a licensed audiologist [ who is approved by the department ].

(d) Conflicts. A licensee may not supervise an individual who is related to the licensee within the first degree of consanguinity, as determined under Government Code, Chapter 573, Subchapter B.

(e) License Sanctions. A licensee may not supervise if the licensee has any current sanctions attached to the licensee's license (suspension, probated suspension, revocation, probated revocation, or any other license restrictions, terms, or conditions).

(f) Supervisor Responsibilities. A supervisor of an intern or assistant must [ shall ]:

(1) - (2) (No change.)

(3) provide appropriate supervision after the department approves the intern or assistant supervision plan [ supervisory agreement ]; and

(4) comply with the following:

(A) supervise no more than a total of four [ (4) ] speech-language pathology interns and/or assistants; or

(B) supervise no more than a total of four [ (4) ] audiology interns and/or assistants.

(g) Additional Supervisor Responsibilities. In addition to the provisions listed in subsection (h) [ (f) ], a supervisor of an assistant must [ shall ]:

(1) - (2) (No change.)

(h) Intern and Assistant Responsibilities. A licensed intern or assistant must [ shall ] abide by the decisions made by the supervisor relating to the intern's or assistant's practice and duties. If the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant must [ shall ] refuse to do so and immediately notify the department and any other appropriate authority.

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 May 27, 2025.

TRD-202501852

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879


SUBCHAPTER Q. FEES

16 TAC §111.160

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) - (e) (No change.)

(f) Intern in Audiology License:

(1) Initial application fee (includes two-year [ one-year ] initial license)--$75.

(2) Renewal application fee (for two-year [ one-year ] license)--$75.

(g) - (m) (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 May 27, 2025.

TRD-202501853

Doug Jennings

General Counsel

Texas Department of Licensing and Regulation

Earliest possible date of adoption: July 6, 2025

For further information, please call: (512) 475-4879