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, at Subchapter A, §111.2; Subchapter B, §111.12 and §111.13; Subchapter F, §111.50 and §111.55; Subchapter H, §111.70; and Subchapter W, §111.220, regarding the Speech-Language Pathologist and Audiologist program. These proposed changes are referred to as the "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 111, implement Texas Occupations Code, Chapter 401, Speech-Language Pathologist and Audiologist.
The proposed rules are necessary to implement the statutory changes made by the 89th Legislature, Regular Session. Specifically, the proposed rules implement Senate Bill (SB) 904, Section 1, SB 905, Sections 1, 2, 3, and 4, and SB 2075, Sections 9 and 10, by the 89th Legislature, Regular Session (2025). The proposed rules also include changes suggested by Departmental divisions during the four-year rule review of Chapter 111, including the Licensing division and Compliance division.
The proposed rules remove language that would require the six-year terms of three members of the advisory board to expire on February 1 of each odd-numbered year and change the advisory board's presiding officer's term from one year to two years, allowing the advisory board member to serve their full six-term, regardless of when appointed.
The proposed rules eliminate the definition of "Provisional Licensee," as provisional licenses are no longer needed now that the jurisprudence exam is always available. They also remove requirements for speech-language pathology (SLP) assistant applicants to submit verification of 25 clinical observation hours and 25 clinical assisting hours to the Department, as well as the requirement to complete any missing hours under direct supervision after licensure. Additionally, the rules renumber §111.55(b)(1) - (8).
The proposed rules amend the existing clinical observation and experience requirements for SLP assistants to require that verification of their 25 hours of clinical observation and 25 hours of clinical assisting experience are submitted to the assistant's supervisor upon license issuance. The proposed rules also reorganize the requirements of §111.50(d) and §111.50(e) in a more logical manner.
The proposed rules allow audiology license applicants to qualify with a master's degree in audiology awarded on or before December 31, 2007. Applicants awarded the equivalent of a master's degree in audiology from a foreign university on or before December 31, 2007, must also obtain an evaluation showing their degree is equivalent to a degree from an accredited U.S. program. The rules also repeal the requirement that the Texas Commission of Licensing and Regulation adopt rules for selling hearing instruments with input from both the Speech-Language Pathologist and Audiologist Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board.
Advisory Board Recommendations
The proposed rules were presented to and discussed by the Speech-Language Pathologists and Audiologists Advisory Board at its meeting on March 23, 2026. 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 repeal the definition of "Provisional Licensee." Provisional licenses for Speech-Language Pathologists and Audiologists originated when the jurisprudence exam was offered only a few times a year, allowing individuals to work while waiting to take it. Now, the jurisprudence exam is accessible year-round, making such provisional licenses unnecessary.
Subchapter B. Speech-Language Pathologists and Audiologists Advisory Board
The proposed rules amend §111.12, Terms; Vacancies. The proposed rules under subsection (a) remove language that would require the six-year terms of three members of the advisory board to expire on February 1 of each odd-numbered year.
The proposed rules amend §111.13, Officers. The proposed rules under subsection (a) change the advisory board's presiding officer's term from one year to two years.
Subchapter F. Requirements for Assistant in Speech-Language Pathology License
The proposed rules add new rules to §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. Specifically, the new rules modify §111.50(d), Clinical Observation and Experience.
The proposed rules add new §111.50(d)(2), which requires that if any of the 25 hours of clinical observation and 25 hours of clinical assisting experience required for licensure as a SLP assistant were earned during training, then this verification must be submitted to the assistant's supervisor after the license is issued.
The proposed rules also amend §111.50, Assistant in Speech-Language Pathology License--Licensing Requirements--Education and Clinical Observation and Experience. Specifically, the proposed rules amend §111.50(d)(1) to clarify that the requirements of §111.50(d)(1) are prescribed by §111.50(d), not §111.50(e).
Also, the proposed rules reorganize the requirements of §111.50(d) and §111.50(e) in a more logical manner. Specifically, the proposed rules move former §111.50(e) to §111.50(d)(3), move former §111.50(e)(1) to §111.50(d)(3)(A), move former §111.50(e)(2) to §111.50(d)(3)(B), and move former §111.50(d)(2) to §111.50(e).
The proposed rules amend §111.55, Assistant in Speech-Language Pathology License--Application and Eligibility Requirements.
The proposed rules repeal subsection (b)(5) and remove the requirement that applicants for licensure as an assistant in speech-language pathology must provide the Department verification from their university program that the applicant completed 25 hours of clinical observation and 25 hours of clinical assisting experience.
The proposed rules repeal subsection (b)(6) and remove the requirement that applicants who did not obtain all 25 hours of clinical observation and 25 hours of clinical assisting experience complete those hours under direct supervision by an approved supervisor after the license is issued.
Finally, the proposed rules renumber §111.55(b)(1) - (8).
Subchapter H. Requirements for Audiology License
The proposed rules amend §111.70, Audiology License--Licensing Requirements. The proposed rules under subsection (b) now authorize an applicant seeking licensure as an audiologist to qualify if the applicant possesses a master's degree in audiology conferred on or before December 31, 2007.
The proposed rule of subsection (d) now require an applicant who earned a master's degree in audiology at a foreign university on or before December 31, 2007 to hire a transcript evaluation service to determine the applicant's degree is the equivalent of a degree obtained from a program accredited by a national accrediting organization approved by the commission or department and recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.).
Finally, the proposed rules renumber §111.70(e) and (f).
Subchapter W. Joint Rule Regarding the Sale of Hearing Instruments
The proposed rules amend §111.220, Requirements Regarding the Sale of Hearing Instruments. The proposed rules under subsection (a) repeal the requirement that the TDLR Commission adopt rules governing the sale of hearing instruments with the assistance of both the Speech-Language Pathologist and Audiologist Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Senior 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.
Tony Couvillon, Senior Policy Research and Budget Analyst, has determined that for each year of the first five years the proposed rules are in effect, there is no estimated increase or loss in revenue to the state or local government as a result of enforcing or administering the proposed rules.
LOCAL EMPLOYMENT IMPACT STATEMENT
Because Mr. Couvillon has determined that the proposed rules will not affect a 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 proposed rules will benefit speech language pathologists who graduated with a master's degree in audiology before 2008, if they choose to enter the workplace or move to Texas, since there were no doctorate programs available prior to that time. Previously, when individuals would come to the state or re-enter the workforce after an absence, they would have to request TDLR's executive director to approve an individual waiver. The proposed rules also eliminate an obsolete license type and streamline the process for speech-language pathology assistants to gain clinical observation and clinical assisting experience hours once licensed, thereby reducing bureaucracy. These rule changes eliminate confusion, allowing for a more efficient application process for both the applicant and staff.
PROBABLE ECONOMIC COSTS TO PERSONS REQUIRED TO COMPLY WITH PROPOSAL
Mr. Couvillon has determined that for each year of the first five-year period the proposed rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules.
FISCAL IMPACT ON SMALL BUSINESSES, MICRO-BUSINESSES, AND RURAL COMMUNITIES
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities as a result of the proposed rules. Because the agency has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, 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 do not require an increase or decrease in fees paid to the agency.
5. The proposed rules do not create a new regulation.
6. The proposed rules expand, limit, or repeal an existing regulation.
Mr. Couvillon has determined that the proposed rules expand an existing regulation by authorizing an applicant for an audiology license who graduated with a master's degree in audiology before 2008 to qualify for licensure and also clarifying the requirements for foreign graduates of that time period.
Mr. Couvillon has also determined that the proposed rules repeal an existing regulation by removing the requirement for speech language pathology assistant applicants to submit a clinical deficiency form under certain conditions, and to submit verification of clinical observation and clinical assisting experience hours to the speech-language pathology assistant's supervisor instead of submitting to TDLR.
Mr. Couvillon has also determined that the proposed rules eliminate an existing regulation by eliminating the provisional license type.
Mr. Couvillon has also determined that the proposed rules limit an existing regulation by removing the requirement that all rulemakings for this chapter be reviewed by the Hearing Instrument Fitters and Dispensers Advisory Board.
7. The proposed rules do not increase or decrease the number of individuals subject to the rules' applicability.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/SLPA_Rule_Making; 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.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 401, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
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.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), Senate Bill 905, 89th Legislature, Regular Session (2025), and Senate Bill No. 2075, 89th Legislature, Regular Session (2025).
§111.2.
Unless the context clearly indicates otherwise, the following words and terms must have the following meanings.
(1) - (30) (No change.)
[(31) Provisional Licensee--An individual granted a provisional license under Texas Occupations Code §401.308.]
(31) [32)] 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.
(32) [(33)] Speech-language pathologist--An individual who holds a license under Texas Occupations Code §401.302 and §401.304, to practice speech-language pathology.
(33) [(34)] 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.
(34) [(35)] 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.
(35) [(36)] Telehealth--See definition(s) in Subchapter V, Telehealth.
(36) [(37)] 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 April 24, 2026.
TRD-202601788
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
B.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 401, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
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.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), Senate Bill 905, 89th Legislature, Regular Session (2025), and Senate Bill No. 2075, 89th Legislature, Regular Session (2025).
§111.12.
(a)
Members are appointed for staggered six-year terms. [The terms of three members expire September 1 of each odd-numbered year.]
(b) - (c) (No change.)
§111.13.
(a)
The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years [one year].
(b) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 24, 2026.
TRD-202601789
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
F.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 401, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
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.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), Senate Bill 905, 89th Legislature, Regular Session (2025), and Senate Bill No. 2075, 89th Legislature, Regular Session (2025).
§111.50.
(a) - (c) (No change.)
(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) (No change.)
(2) Verification of 25 hours of clinical observation and 25 hours of clinical assisting experience from the university program director or designee of the college or university training program showing the applicant completed the requirements set out in paragraph (1) of this subsection, if any hours were earned, must be submitted to the assistant's supervisor upon license issuance.
[(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.]
(3) An applicant who has not acquired the required hours under this subsection 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.
(A) 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.
(B) 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.
(e) 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) - (g) (No change.)
§111.55.
(a) (No change.)
(b) An applicant for an assistant in speech-language pathology license must submit the following required documentation:
(1) - (4) (No change.)
[(5) verification of 25 hours of clinical observation and 25 hours of clinical assisting experience from the university program director or designee of the college or university training program showing the applicant completed the requirements set out in §111.50(d), if any hours were earned;]
[(6) for an applicant who did not obtain the hours referenced in paragraph (5), the missing hours must be completed under direct supervision by the approved supervisor upon license issuance;]
(5) [(7)] proof of successfully completing the jurisprudence examination under §111.23; and
(6) [(8)] 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 April 24, 2026.
TRD-202601790
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
H.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 401, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
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.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), Senate Bill 905, 89th Legislature, Regular Session (2025), and Senate Bill No. 2075, 89th Legislature, Regular Session (2025).
§111.70.
(a) (No change.)
(b) Education. The applicant for an audiology license must possess at least:
(1) a master's degree in audiology conferred on or before December 31, 2007; or
(2) a doctoral degree in audiology or a related hearing science completed 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.).
[(b) Education. The doctoral degree in audiology or a related hearing science shall be completed 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.).]
(c) 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 doctoral degree in audiology or a related hearing science. The applicant must bear all expenses incurred for the evaluation.
(d) If the degree earned at a foreign university is a master's degree in audiology conferred on or before December 31, 2007, the transcript evaluation service must also determine that the applicant's degree is the equivalent of a degree obtained from a program accredited by a national accrediting organization approved by the commission or department and recognized by the United States secretary of education under the Higher Education Act of 1965 (20 U.S.C. Section 1001 et seq.).
(e) [(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 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 bear all expenses incurred for the verification.
(f) [(e)] Examination. An applicant must pass the examination referenced under §111.21.
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 April 24, 2026.
TRD-202601791
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
W.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 401, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
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.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), Senate Bill 905, 89th Legislature, Regular Session (2025), and Senate Bill No. 2075, 89th Legislature, Regular Session (2025).
§111.220.
(a)
This subchapter constitutes the rules required by Texas Occupations Code §401.2021 and §402.1021 to be adopted by the commission with the assistance of the Speech-Language Pathologists and Audiologists Advisory Board [and the Hearing Instrument Fitters and Dispensers Advisory Board]. The requirements of this subchapter shall be repealed or amended only through consultation with the Speech-Language Pathologists and Audiologists Advisory Board[, and mutual action by, both advisory boards].
(b) - (e) (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 April 24, 2026.
TRD-202601792
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
CHAPTER 112. HEARING INSTRUMENT FITTERS AND DISPENSERS
The Texas Department of Licensing and Regulation (Department) proposes amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 112, Subchapter B, §112.12 and §112.13; Subchapter D, §112.32; Subchapter H, §112.70; and Subchapter O, §112.140; regarding the Hearing Instrument Fitters and Dispensers program. These proposed changes are referred to as the "proposed rules."
EXPLANATION OF AND JUSTIFICATION FOR THE RULES
The rules under 16 TAC, Chapter 112, implement Texas Occupations Code, Chapter 402, Hearing Instrument Fitters and Dispensers.
The proposed rules are necessary to implement Senate Bill (SB) 904 89th Legislature, Regular Session (2025), specifically, Sections 2, 3, and 4, and SB 2075 (2025), specifically, Sections 11 and 12. The proposed rules remove language that would require the six-year terms of three members of the advisory board to expire on February 1 of each odd-numbered year, allowing each advisory board member to serve their full six-year term, regardless of when appointed. The proposed rules also change the advisory board's presiding officer's term from one year to two years.
The proposed rules require applicants seeking their initial renewal of their hearing instrument fitter and dispenser license to complete 20 hours of continuing education; remove the requirement that the Commission adopt rules governing the sale of hearing instruments with the assistance of both the Hearing Instrument Fitters and Dispensers Advisory Board and the Speech-Language Pathologist and Audiologist Advisory Board; remove the exception that allowed the Department to renew a license of a licensee who does not comply with the applicable continuing education requirements if the applicant is within the first 24 months of licensure; and allow hearing instruments to be sold to a minor with a written statement signed by a licensed physician, rather than requiring the statement to be signed by a licensed physician specializing in diseases of the ear.
Advisory Board Recommendations
The proposed rules were presented to and discussed by the Hearing Instrument Fitters and Dispensers Advisory Board at its meeting on March 11, 2026. 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 B. Hearing Instrument Fitters and Dispensers Advisory Board
The proposed rules amend §112.12, Terms; Vacancies. The proposed rules under subsection (a) remove language that would require the six-year terms of three members of the advisory board to expire on February 1 of each odd-numbered year, allowing each advisory board member to serve their full six-year term, regardless of when appointed.
The proposed rules amend §112.13, Officers. The proposed rules under subsection (a) change the advisory board's presiding officer's term from one year to two years.
Subchapter D. Hearing Instrument Fitter and Dispenser License
The proposed rules amend §112.32, Hearing Instrument Fitter and Dispenser License--License Term; Renewals. The proposed rules under subsection (c) now require applicants seeking their initial renewal of their hearing instrument fitter and dispenser license to complete 20 hours of continuing education.
Subchapter H. Continuing Education Requirements
The proposed rules amend §112.70. Continuing Education--Hours, Courses, and Methods of Delivery. The proposed rules under subsection (i) remove the exception that allowed the Department to renew a license of a licensee who does not comply with the applicable continuing education requirements if the applicant is within the first 24 months of licensure.
Subchapter O. Joint Rule Regarding the Sale of Hearing Instruments.
The proposed rules amend §112.140, Requirements Regarding the Sale of Hearing Instruments. The proposed rules under subsection (a) remove the requirement that the TDLR Commission adopt rules governing hearing instruments with the assistance of both the Hearing Instrument Fitters and Dispensers Advisory Board and the Speech-Language Pathologist and Audiologist Advisory Board.
The proposed rules add new subsection (f). The proposed rule allows hearing instruments to be sold to a minor with a written statement signed by a licensed physician, rather than requiring the statement to be signed by a licensed physician specializing in diseases of the ear.
FISCAL IMPACT ON STATE AND LOCAL GOVERNMENT
Tony Couvillon, Senior 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 is no estimated increase or loss in revenue to the state or 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 a 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 will receive a benefit. Specifically, the proposed changes would result in increased access to hearing instruments for minors because they are no longer required to see a physician who specializes in ear diseases. The proposed changes also improve government efficiency by eliminating the need for the speech-language pathology advisory board and hearing-instrument fitters and dispensers advisory board to consult one another before making decisions regarding the sale of hearing instruments. Finally, required continuing education for new licensees would result in them being better educated after completing their first license term, strengthening overall professional standards and competence.
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 will be additional costs to persons who are required to comply with the proposed rules. The proposed rules require first-time licensees to complete continuing education, which is now required by statute. While there is a new potential cost of $129 for licensees completing their first license term who choose continuing education through the unlimited access providers, several approved options are available at no cost. The $129 amount reflects the average cost among 15 TDLR-registered continuing education providers offering online, live, virtual, or recorded courses.
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 have a fiscal note that imposes a cost on regulated persons, including another state agency, a special district, or a local government; however, the proposed rules fall under the exception for rules that are necessary to implement legislation under §2001.0045(c)(9). 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 do not require an increase or decrease in fees paid to the agency.
5. The proposed rules create a new regulation.
The proposed rules add a new regulation by allowing hearing instruments to be sold to a minor with a written statement from a licensed physician.
6. The proposed rules expand, limit, or repeal an existing regulation.
The proposed rules expand an existing regulation by requiring new permit holders to complete continuing education after their first license term in order to renew the license.
7. The proposed rules increase or decrease the number of individuals subject to the rules' applicability.
The proposed rules limit an existing regulation by removing the requirement that all rulemakings for this chapter be reviewed by the Speech-Language Pathology and Audiology Advisory Board.
8. The proposed rules do not positively or adversely affect this state's economy.
TAKINGS IMPACT ASSESSMENT
The Department has determined that no private real property interests are affected by the proposed rules and the proposed rules do not restrict, limit, or impose a burden on an owner's rights to his or her private real property that would otherwise exist in the absence of government action. As a result, the proposed rules do not constitute a taking or require a takings impact assessment under Texas Government Code §2007.043.
PUBLIC COMMENTS AND INFORMATION RELATED TO THE COST, BENEFIT, OR EFFECT OF THE PROPOSED RULES
The Department is requesting public comments on the proposed rules and information related to the cost, benefit, or effect of the proposed rules, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed rules. Please do not submit copyrighted, confidential, or proprietary information.
Comments on the proposed rules and responses to the request for information may be submitted electronically on the Department's website at https://ga.tdlr.texas.gov:1443/form/HEAR_Rule_Making; 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
B.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 402, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), and Senate Bill 2075, (2025).
§112.12.
(a)
Members of the advisory board serve staggered six-year terms. [The terms of three members expire on February 1 of each odd-numbered year.]
(b) - (c) (No change.)
§112.13.
(a)
The presiding officer of the commission shall designate a member of the advisory board to serve as the presiding officer of the advisory board for a term of two years [one year]. The presiding officer of the advisory board may vote on any matter before the advisory board.
(b) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 24, 2026.
TRD-202601784
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
D.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 402, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), and Senate Bill 2075, (2025).
§112.32.
(a) - (b) (No change.)
(c) To renew a hearing instrument fitter and dispenser license, a license holder must:
(1) (No change.)
(2)
[except for the first renewal,] complete 20 [twenty (20)] hours of continuing education as required under §112.70;
(3) - (5) (No change.)
(d) - (j) (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 April 24, 2026.
TRD-202601785
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
H.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 402, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), and Senate Bill 2075, (2025).
§112.70.
(a) - (h) (No change.)
(i)
Pursuant to Texas Occupations Code §402.305, the department may renew the license of a license holder who has not complied with the continuing education requirements if the license holder submits proof from an attending physician that the license holder suffered a serious disabling illness or physical disability that prevented compliance with the continuing education requirements during the 24 months before the end of the license term. [:]
[(1) submits proof from an attending physician that the license holder suffered a serious disabling illness or physical disability that prevented compliance with the continuing education requirements during the 24 months before the end of the license term; or]
[(2) was licensed for the first time during the 24 months before the end of the license term.]
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 April 24, 2026.
TRD-202601786
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879
SUBCHAPTER
O.
STATUTORY AUTHORITY
The proposed rules are proposed under Texas Occupations Code, Chapters 51 and 402, which authorize the Texas Commission of Licensing and Regulation, the Department's governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.
The statutory provisions affected by the proposed rules are those set forth in Texas Occupations Code, Chapters 51 and 402. No other statutes, articles, or codes are affected by the proposed rules.
The legislation that enacted the statutory authority under which the proposed rules are proposed to be adopted is Senate Bill 904, 89th Legislature, Regular Session (2025), and Senate Bill 2075, (2025).
§112.140.
(a)
This subchapter constitutes the rules required by Texas Occupations Code §401.2021 and §402.1021 to be adopted by the commission with the assistance of [the Speech-Language Pathology and Audiology Advisory Board and] the Hearing Instrument Fitters and Dispensers Advisory Board. The requirements of this subchapter shall be repealed or amended only through consultation with the Hearing Instrument Fitters and Dispensers Advisory Board [, and mutual action by, both advisory boards].
(b) - (e) (No change.)
(f) A licensed hearing instrument fitter and dispenser may not sell a hearing instrument to a person under 18 years of age unless the prospective user or a parent or guardian of the prospective user has presented to the hearing instrument fitter and dispenser a written statement, signed by a licensed physician, that states that the patient's hearing loss has been medically evaluated and that the patient may be considered a candidate for a hearing instrument. Whenever practicable, the medical evaluation described should be performed by a licensed physician who specializes in diseases of the ear.
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 April 24, 2026.
TRD-202601787
Deanne Rienstra
General Counsel
Texas Department of Licensing and Regulation
Earliest possible date of adoption: June 7, 2026
For further information, please call: (512) 475-4879