Relating to the licensing and regulation of speech-language pathologists and audiologists.
ModeratePlan for compliance
Low Cost
Effective:2025-09-01
Enforcing Agencies
Texas Department of Licensing and Regulation (TDLR) • Texas Commission of Licensing and Regulation (TCLR)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: September 1, 2025
Compliance Deadline:September 1, 2025 (All sales contracts must be updated; all hiring offers must reflect new licensure limits).
Agency Rulemaking: The Texas Department of Licensing and Regulation (TDLR) will likely propose rules to define "plain language" standards for contracts and clarify "practicable" referral standards. Expect a regulatory gray zone between September 2025 and early 2026.
Immediate Action Plan
Audit Staff Roster: Identify all employees currently on provisional licenses. Notify them immediately that their licenses cannot be renewed post-September 1, 2025.
Redraft Sales Contracts: Have legal counsel rewrite hearing instrument sales agreements to remove jargon and ensure "plain language" compliance by August 15, 2025.
Update Intake Protocols: Revise operations manuals to permit acceptance of general physician medical clearances for minors.
Establish Referral Policy: Draft an internal policy defining when a specialist referral is deemed "not practicable" to standardize decisions and protect against negligence claims.
Operational Changes Required
Contracts
Hearing Instrument Sales Agreements: You must audit and likely redraft your standard Terms of Sale and 30-day trial waivers. The law mandates these be written in "plain language." If your current contracts rely on dense legalese, they are non-compliant.
Employment Agreements: Remove any clauses promising the renewal or extension of a provisional license. These clauses will be legally void after the effective date.
Hiring/Training
Provisional License Hard Stop: You cannot renew or extend a provisional license after September 1, 2025. Staff currently on provisional licenses must complete full licensure requirements before their current expiration date or cease practice.
Credential Verification: For Audiologist applicants with only a Master’s degree, you must verify the degree was conferred on or before December 31, 2007. Post-2007 applicants require a Doctoral degree.
Intake Staff Training: Train front-desk and intake staff to accept medical clearance forms for minors signed by *any* licensed physician (including pediatricians), removing the strict requirement for an otolaryngologist.
Reporting & Record-Keeping
Medical Clearance Documentation: When accepting a clearance for a minor from a non-specialist (e.g., a pediatrician), document the physician's license number.
Justification of "Practicable": Create an internal record entry justifying why a specialist referral was not "practicable" (e.g., wait times, distance) to mitigate liability risks associated with bypassing an ear specialist.
Fees & Costs
No New State Fees: The bill does not introduce new licensing fees.
Operational Costs: Budget for legal counsel to review and redraft consumer-facing sales contracts to meet the "plain language" standard.
Strategic Ambiguities & Considerations
"Whenever Practicable": The law allows general physicians to clear minors for hearing aids but retains advisory language that a specialist should be used "whenever practicable." TDLR has not defined this threshold. Until they do, this creates a standard-of-care liability risk if a child has a missed medical condition.
"Plain Language" Definition: The statute requires plain language but does not set a specific reading level (e.g., 8th grade) or font size. TDLR rulemaking will eventually define this; until then, aim for maximum simplicity to avoid consumer protection complaints.
Need Help Understanding Implementation?
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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.
The Texas Commission of Licensing and Regulation (TCLR) sets policies for the Texas Department of Licensing and Regulation (TDLR) and works with two advisory boards, the Hearing Fitters and Dispensers Advisory Board and the Speech-Language Pathologist Advisory Board, to create rules for selling hearing instruments, though consulting both boards is rare. To address this issue, S.B. 905 would streamline regulations by allowing TCLR to consult only the relevant advisory board on hearing instrument rules, rather than requiring input from two boards.
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 that the exam is available anytime, these licenses are unnecessary. Accordingly, S.B. 905 would remove provisional licenses.
Lastly, selling hearing instruments to minors requires licensed audiologists to obtain a recent (within six months) letter from an ear specialist confirming the hearing loss and need for the hearing device. This requirement complicates access to hearing instruments and conflicts with recent federal updates. S.B. 905 would permit minors, along with their parent or guardian, to obtain the required physician letter from any licensed doctor, preferably an ear specialist, aligning with federal law and improving access to hearing instruments.
As proposed, S.B. 905 amends current law relating to the licensing and regulation of speech-language pathologists and audiologists.
RULEMAKING AUTHORITY
Rulemaking authority previously granted to the Texas Commission of Licensing and Regulation is modified in SECTION 1 (Section 401.2021, Occupations Code) and SECTION 4 (Section 402.1021, Occupations Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 401.2021, Occupations Code, to require Texas Commission of Licensing and Regulation (TCLR) to adopt rules, rather than TCLR with the assistance of the advisory board and the Hearing Instrument Fitters and Dispensers Advisory Board to adopt rules, to establish requirements for each sale of a hearing instrument for purposes of Chapter 401 (Speech-Language Pathologists and Audiologists) and Chapter 402 (Hearing Instrument Fitters and Dispensers) and to make a nonsubstantive change.
SECTION 2. Amends Section 401.308, Occupations Code, as follows:
Sec. 401.308. New heading: CERTIFICATE OF CLINICAL COMPETENCE WAIVER. (a) Redesignates existing Subsection (f) as Subsection (a). Deletes text of existing Subsection (a) authorizing the Texas Department of Licensing and Regulation (TDLR) to grant a provisional license to an applicant who meets certain criteria.
Deletes text of existing Subsection (b) authorizing an applicant for a provisional license to be excused from the requirement of Subsection (a)(3) (relating to an applicant who is sponsored by a license holder with whom the provisional license holder may practice under this section) if TDLR determines that compliance with that requirement is a hardship to the applicant.
Deletes text of existing Subsection (c) providing that a provisional license is valid until the date TDLR approves or denies the provisional license holder's application for a license.
Deletes text of existing Subsection (d) requiring TDLR to issue a license under this chapter to a provisional license holder who meets certain criteria.
Deletes text of existing Subsection (e) requiring TDLR to complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued.
SECTION 3. Amends Section 401.404, Occupations Code, to prohibit a licensed audiologist from selling a hearing instrument to a person under 18 years of age unless the person or the parent or guardian of the person presents to the audiologist a written statement signed by a licensed physician, including a physician who specializes in diseases of the ear, stating that the person meets certain criteria.
SECTION 4. Amends Section 402.1021, Occupations Code, to require TCLR to adopt rules, rather than TCLR with the assistance of the advisory board and the Speech-Language Pathologists and Audiologists Advisory Board to adopt rules, to establish requirements for each sale of a hearing instrument for purposes of this chapter and Chapter 401 and to make a nonsubstantive change.
SECTION 5. Makes application of Section 401.404, Occupations Code, as amended by this Act, prospective.
SECTION 6. (a) Provides that a provisional license issued under Section 401.308, Occupations Code, before the effective date of this Act that is in effect on that date continues to be valid until the license expires, and the provisions of Section 401.308, Occupations Code, repealed by this Act continue in effect for that purpose. Provides that Chapter 401, Occupations Code, as amended by this Act, continues to apply to a holder of an unexpired provisional license.
(b) Prohibits TDLR, on or after the effective date of this Act, from renewing or extending a provisional license issued under Section 401.308, Occupations Code, before the effective date of this Act.
(c) Provides that a proceeding under Chapter 51 (Texas Department of Licensing and Regulation) or 401, Occupations Code, that is pending against a holder of a provisional license on the date the license expires is terminated on that date.
SB905 fundamentally alters staffing strategies for audiology and speech-language pathology practices by eliminating the renewal of provisional licenses effective September 1, 2025. Additionally, the bill streamlines sales operations by permitting general physicians—not just ear specialists—to sign medical clearances for pediatric hearing instruments, provided specific conditions are met. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (All sales contracts must be updated; all hiring offers must reflect new licensure limits).
Q
Who authored SB905?
SB905 was authored by Texas Senator Judith Zaffirini during the Regular Session.
Q
When was SB905 signed into law?
SB905 was signed into law by Governor Greg Abbott on June 20, 2025.
Q
Which agencies enforce SB905?
SB905 is enforced by Texas Department of Licensing and Regulation (TDLR) and Texas Commission of Licensing and Regulation (TCLR).
Q
How urgent is compliance with SB905?
The compliance urgency for SB905 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of SB905?
The cost impact of SB905 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does SB905 address?
SB905 addresses topics including occupational regulation, occupational regulation--health occupations, audiologists, speech-language pathologists and licensing & regulation, texas department of.
Legislative data provided by LegiScanLast updated: November 25, 2025
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