Proposed new §111.213 details limitations on the use of telecommunications technology by speech-language pathologists.

Proposed new §111.214 establishes requirements for providing telehealth services in speech-language pathology.

Proposed new §111.215 establishes requirements for providing telepractice services in audiology.

Proposed new Subchapter W establishes joint rules regarding the sale of hearing instruments. Texas Occupations Code Chapters 401 and 402 require the Commission, with the assistance of the Speech-Language Pathologists and Audiologist Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board, to adopt rules to establish requirements regarding the sale of hearing instruments.

Proposed new §111.220 details the requirements regarding the sale of hearing instruments.

Proposed new Subchapter X establishes joint rules for fitting and dispensing of hearing instruments by telepractice. Texas Occupations Code Chapters 401 and 402 require the Commission, with the assistance of the Speech-Language Pathologists and Audiologist Advisory Board and the Hearing Instrument Fitters and Dispensers Advisory Board, to adopt rules to establish requirements regarding the fitting and dispensing of hearing instruments by telepractice.

Proposed new §111.230 explains the purpose of the subchapter.

Proposed new §111.231 creates definitions to be used in this subchapter.

Proposed new §111.232 establishes requirements for providing telehealth services for the fitting and dispensing of hearing instruments.

William H. Kuntz, Jr., Executive Director, has determined that for the first five-year period the proposed new rules are in effect there will be no direct cost to state or local government as a result of enforcing or administering the proposed new rules. There is no estimated increase or decrease in revenue to the state as a result of enforcing or administering the proposed new rules. Historically, the funds used to administer the Speech-Language Pathology and Audiology program were appropriated to DSHS; now those same funds will be appropriated to the Department.

Mr. Kuntz also has determined that for each year of the first five-year period the proposed new rules are in effect, the public benefit will include that the rules implement the statutory requirements under the authority of the Commission and the Department and provide details that are not found in the enabling acts. The rules also have been formatted and organized to assist the public, the regulated community, and the Department in easily finding specific rules. In addition, the new rules are streamlined so as not to duplicate provisions that are already located in the statutes and rules of the Commission and Department in the Texas Occupations Code and in 16 TAC Chapter 60, which apply to all programs regulated by the Commission and the Department.

There will be no anticipated economic effect on small and micro-businesses or to persons who are required to comply with the rules as proposed.

Since the agency has determined that the proposed new rules will have no adverse economic effect on small or micro-businesses, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, under Texas Government Code §2006.002, is not required.

Comments on the proposal may be submitted by mail to Pauline Easley, Legal Assistant, General Counsel's Office, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711; or by facsimile to (512) 475-3032, or electronically to erule.comments@tdlr.texas.gov. The deadline for comments is 30 days after publication in the Texas Register.

The new rules are proposed under Texas Occupations Code, Chapters 51 and 401, and Chapter 402 as applicable, which authorize the Commission, 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 proposal are those set forth in Texas Occupations Code, Chapters 51, 401 and 402. No other statutes, articles, or codes are affected by the proposal.