Dyslexia Therapy


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Notice of Intent to Review

RULE REVIEW─NOTICE OF INTENT TO REVIEW
Chapter 120. Licensed Dyslexia Therapists
Deadline for comments—September 14, 2020

The Texas Department of Licensing and Regulation (Department) files this notice of intent to review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code, Chapter 120, Licensed Dyslexia Therapists and Licensed Dyslexia Practitioners.  This review and consideration is being conducted in accordance with the requirements of Texas Government Code, §2001.039.

An assessment will be made by the Department as to whether the reasons for adopting or readopting these rules continue to exist.  Each rule will be reviewed to determine whether it is obsolete, whether the rule reflects current legal and policy considerations, and whether the rule reflects current procedures of the Department.

Any questions or written comments pertaining to this rule review may be submitted electronically on the Department’s website; 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.

Any proposed changes to these rules as a result of the rule review will be published in the Proposed Rule Section of the Texas Register.  The proposed rules will be open for public comment prior to final adoption or repeal by the Department in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

§120.1 Authority
§120.10 Definitions
§120.20 Applications
§120.21 Dyslexia Therapist Licensing Requirements
§120.22 Dyslexia Practitioner Licensing Requirements
§120.23 Examination
§120.24 Requirements for Training Programs
§120.25 Continuing Education
§120.26 Renewal
§120.65 Dyslexia Therapists and Practitioners Advisory Committee; Membership
§120.66 Duties
§120.67 Terms; Vacancies
§120.68 Officers
§120.69 Meetings
§120.70 Responsibilities of License Holders
§120.80 Fees
§120.90 Professional Standards and Basis for Disciplinary Action
§120.95 Complaints

Issued in Austin, Texas on August 5, 2020

Brad Bowman
General Counsel
Texas Department of Licensing and Regulation

TDLR Adopts Administrative Rules

The Texas Commission of Licensing and Regulation adopts amendments to the Dyslexia Therapy program rules at 16 Texas Administrative Code, Chapter 120, §120.26. The adopted rules implement House Bill 2059, 86th Legislature, Regular Session (2019), which requires human trafficking prevention training for health care practitioners prior to the renewal of a license.

The adoption justification was published in the July 24, 2020, issue of the Texas Register (45 TexReg 5191). The updated rule chapter will be made available upon its effective date of August 1, 2020.

86th Legislative Session Update

Notice to Health Care Practitioners of New Training Requirement

House Bill 2059 requires certain health care practitioners to complete a Health and Human Services Commission (HHSC) approved human trafficking prevention training course to renew their license. The bill also requires HHSC to post a list of approved courses on their website. Licensees are required to comply with the training requirements beginning September 1, 2020. For more information, visit our Human Trafficking Prevention Training for Health Care Practitioners webpage.

TDLR Health Monitor – April 2020 Edition

Articles in this April 2020 edition of The Health Monitor include updates on:

  • TDLR’s response to COVID-19
  • TDLR represented at State Operations Center
  • Scam targeting DEA registrants and health professionals
  • New human trafficking prevention training required for certain health care practitioners
  • Massage Therapy rule amendments adopted
  • Penalty matrices adopted for Behavior Analysts and Dyslexia Therapy programs
  • Surprise medical billing updates
  • Verify your license online

The TDLR Health Monitor is a quarterly newsletter that provides news and information about TDLR’s medical and health-related programs. Archives of past editions of the TDLR Health Monitor can be viewed here.

Updates to Dyslexia Therapy law(s)

House Bill 125 passed by the 86th Texas Legislature, amended Occupations Code, Chapter 403, relating to the online publication of home addresses of certain occupational license holders.  House Bill 125 and the changes to Chapter 403 became effective September 1, 2019.

TDLR encourages all persons interested in the Dyslexia Therapy program to review the updated Occupations Code, Chapter 403.

Governor Approves Regulatory Suspensions to Facilitate Services to Dyslexia Therapy Clients During the COVID-19 Pandemic

To help combat the spread of Coronavirus, TDLR requested and received authority from Governor Greg Abbott to suspend certain regulatory requirements, to the extent necessary, to allow licensees of the Dyslexia Practitioners and Dyslexia Therapists program to provide more services to clients through telehealth and to ease other licensing restrictions.

These suspensions are in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires. In accordance with Section 418.016 of the Texas Government Code, the Office of the Governor has granted TDLR’s request to suspend the following provisions:

  • Texas Occupations Code §403.151, to the extent necessary to allow a licensed dyslexia practitioner to practice and provide services outside of an educational setting. Licensed dyslexia therapists continue to be allowed to practice outside of an educational setting.
  • 16 TAC §120.90(b)(18), to allow dyslexia services to be provided by dyslexia therapists or dyslexia practitioners solely through smart phone or any audio-visual, real-time, or two-way interactive communication system that can be used to provide telehealth services. Under the suspension, an initial in-person meeting with a client is not required for either a dyslexia therapist or a dyslexia practitioner.

Licensees who need additional information on billing policies relating to the provision of telehealth services during the COVID-19 pandemic should contact Texas Health and Human Services Medicaid or managed care organizations (MCO), as policies are changing rapidly. It is critical to check with your payer before initiating a new type of service or service delivery model, such as telehealth.

Before providing telehealth services, licensees should verify the applicability of other requirements and obligations, such as HIPAA and medical and personal privacy requirements.

COVID-19: Continuing Education Waived

TDLR continuing education requirements are waived for all individual licenses expiring in March, April, and May 2020. Licensees still need to submit their renewal applications, pay the required fees, and TDLR will check their criminal histories, but they will not need to complete any TDLR-required continuing education this licensing cycle. (§51.405, Occupations Code)

Note: TDLR is not authorized to waive continuing education requirements imposed by a certifying or credentialing entity other than TDLR. If a certifying entity requires continuing education to maintain certification, and certification is required for Texas licensure, then that continuing education must be completed. If the certifying entity waives continuing education or allows it to be completed on a delayed basis due to COVID-19, then you may follow the certifying entity’s policy.

Please check the TDLR COVID-19 webpage for the most up-to-date information.

Guidance Statement on TDI Rules Related to Senate Bill 1264

The Texas Department of Insurance (TDI) has adopted emergency rules interpreting Senate Bill (SB) 1264’s prohibitions related to “surprise billing” (or “balance billing”). This Guidance Statement is intended to provide clear information concerning SB 1264 to Texas patients, clients, and health care providers under the regulatory authority of the Texas Department of Licensing and Regulation (TDLR).

SB 1264 prohibits surprise billing, with certain exceptions. Health care providers under TDLR’s regulatory authority who seek to exercise the exceptions to SB 1264’s prohibitions against balance billing must comply with all provisions of SB 1264, including as interpreted by TDI rules. See the TDI SB 1264 webpage for additional information. SB 1264 applies to a health care or medical service or supply provided on or after January 1, 2020.

TDLR will be responsible for investigating complaints and taking disciplinary action against TDLR licensees for violations of SB 1264, including as interpreted by TDI rules. Any person who believes that a TDLR-licensed health care provider has committed a balance billing-related violation may file a complaint online with TDLR. Additionally, TDLR and TDI will work together to ensure that any complaints filed with TDI regarding TDLR licensees will be referred to TDLR and investigated.

TDLR will be working on the development of enforcement rules consistent with SB 1264 and TDI’s rules interpreting the statute. As rulemaking moves ahead, we look forward to a transparent process and engaging the public and stakeholders on this important issue.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Tropical Storm Imelda Disaster Response

On September 19, 2019 in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with Tropical Storm Imelda disaster response operations.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Tropical Storm Imelda disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the TDLR by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: recovery@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Behavior Analysts
  • Dietitians
  • Dyslexia Therapists and Practitioners
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 Monday through Friday from 7 a.m. to 6 p.m. or email recovery@tdlr.texas.gov.

Vacancy on Dyslexia Therapists and Practitioners Advisory Committee

The Texas Department of Licensing and Regulation (Department) announces one vacancy on the Dyslexia Therapists and Practitioners Advisory Committee (Committee) established by Texas Occupations Code, Chapter 403 (Act). The purpose of the Committee is to advise the Texas Commission of Licensing and Regulation (Commission) regarding rules relating to the licensure and regulation of dyslexia therapists and dyslexia practitioners, including continuing education requirements and the approved examinations for licensure. This announcement is for:

  • one consumer or public member.

The Committee consists of five members appointed by the presiding officer of the Commission, with the Commission’s approval. The Committee consists of the following members:

  1. two dyslexia therapists licensed under the Act;
  2. one dyslexia practitioner licensed under the Act; and
  3. two consumer or public members, one of whom must be a person with dyslexia or the parent of a person with dyslexia.

Members serve staggered six-year terms, at the will of the Commission. The terms of three of the members begin on December 31st of each odd-numbered year. Service is voluntary and compensation is not authorized by law.

Interested persons should submit an application on the Department website. Applicants can also request an application from the Department by telephone (800-803-9202) or by email (advisory.boards@tdlr.texas.gov).

This is not a paid position and there is no compensation or reimbursement for serving on the Committee.

Dyslexia Therapy: One Year Update

In 2015, the Texas Legislature passed Senate Bill 202, which transferred the Dyslexia Therapy program from the Department of State Health Services to the Texas Department of Licensing & Regulation (TDLR).

The program transfer took place in October 2016. As part of our mission to deliver improved services at a lower cost to Texans, TDLR reduced processing and administrative fees for each online transaction and reduced the following fees for the Dyslexia Therapy program:

Dyslexia Therapy DSHS Fee TDLR Fee $ Reduced % Reduced
Criminal History Evaluation Letter $50 $25 $25 50%
Reinstatement Fee $50 $0 $50 100%

 

We’ve also reduced the word count in the Dyslexia Therapy program administrative rules to make them clear, concise, and easier to read--without impacting their effectiveness:

Dyslexia Therapy DSHS Rules TDLR Rules Word Difference % Reduced
Administrative Rules Word Count 12,025 4,016 8,009 67%

 

At TDLR, one of our core values is open and free communication. During this first year, the 4,472 Dyslexia program email subscribers were contacted 10 times (44,720 emails delivered) so that we could share information about meetings, rule changes, licensing, and more. In addition, all interested parties were welcomed at two public meetings of the Dyslexia Therapy Advisory Committee (4/13/17 & 8/8/17).

TDLR is delivering on our promise to promote transparency and accountability, protect the health and safety of all Texans, and eliminate unnecessary barriers to doing business.  We look forward to serving you for many years to come.

Important Information for Healthcare Facilities Seeking to Use Out-Of-State Healthcare Providers to Assist with Hurricane Harvey Disaster Response

On September 3, in accordance with Sections 418.016 and 418.171 of the Texas Government Code, Governor Greg Abbott temporarily suspended all necessary statutes and rules to allow a healthcare professional licensed and in good standing in another state to practice in various facilities in Texas to assist with disaster response operations for Hurricane Harvey.

The suspension allows a healthcare provider who holds a license, certificate, or other permit issued by another state jurisdiction satisfying qualifications for professional, mechanical, or other skills to render aid in this state to meet an emergency or disaster.

This suspension is in effect until terminated by the Office of the Governor or until the Hurricane Harvey disaster declaration is lifted or expires.

For the healthcare provider types listed below, a healthcare facility must submit to the Texas Department of Licensing and Regulation (TDLR) by email each out-of-state provider’s name, license type, state of licensure, and license identification number to: Harvey@tdlr.texas.gov

TDLR licenses the following healthcare providers:

  • Athletic Trainers
  • Dietitians
  • Dyslexia Therapy
  • Hearing Instrument Fitters and Dispensers
  • Midwives
  • Orthotists and Prosthetists
  • Podiatrists
  • Speech-Language Pathologists and Audiologists

If you have questions or need assistance, please call (800) 803-9202 between 7:00 a.m. and 6:00 p.m. CDT or email Harvey@tdlr.texas.gov.


Advisory Committee Meeting

January 27, 2020 Meeting

The Dyslexia Therapists and Practitioners Advisory Committee met January 27, 2020 in Austin. The agenda and staff reports are available online. The meeting was archived and is available on TDLR's YouTube channel.


About the Dyslexia Therapy Program

The Dyslexia Therapy program licenses and regulates licensed dyslexia therapists and licensed dyslexia practitioners. Licensed dyslexia therapists and licensed dyslexia practitioners are dyslexia educators in Texas that have met the minimum amount of coursework, clinical experience, demonstration lessons, and required examinations for each title. A license is required to use the titles “Licensed Dyslexia Therapist” and “Licensed Dyslexia Practitioner”. Please note that the licensing law does not require a school district to employ a licensed individual. This is a voluntary licensure program, and educators may continue to provide services to those with dyslexia without being licensed.

Licensed dyslexia therapists and licensed dyslexia practitioners are authorized to provide multisensory structured language education. Multisensory structured language education is a program described by the International Multisensory Structured Language Education Council (IMSLEC) for the treatment of individuals with dyslexia and related disorders that provides instruction in the skills of reading, writing, and spelling.

Dyslexia is a specific learning disability caused by the brain’s inability to recognize words, letters, symbols, and/or sounds. These difficulties can cause repeated spelling errors, reading problems, and trouble sounding out words. People with dyslexia often have trouble linking letter symbols to sounds.

FOR MORE INFORMATION - Send an email to cs.dyslexia@tdlr.texas.gov or call (800) 803-9202 or (512) 463-6599.