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                                                      PRINTER'S NO. 1898

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1342 Session of 2008


        INTRODUCED BY GORDNER, COSTA, STOUT, RHOADES, FERLO, FONTANA,
           KITCHEN, STACK, TARTAGLIONE AND WASHINGTON, APRIL 3, 2008

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           APRIL 3, 2008

                                     AN ACT

     1  Amending the act of December 21, 1984 (P.L.1253, No.238),
     2     entitled "An act regulating the practice of speech-language
     3     pathologists, audiologists and teachers of the hearing
     4     impaired; creating the State Board of Examiners in Speech-
     5     Language and Hearing with certain powers and duties; and
     6     prescribing penalties," further providing for definitions,
     7     for the board, for licensure, for applications, for
     8     examinations and for fees; providing for the use of a title;
     9     and further providing for waivers, for enforcement and for
    10     injunction.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  The title and sections 1, 2, 3 and 4 of the act
    14  of December 21, 1984 (P.L.1253, No.238), known as the Speech-
    15  Language and Hearing Licensure Act, are amended to read:
    16                               AN ACT
    17  Regulating the practice of speech-language pathologists,
    18     audiologists and teachers of the hearing impaired; creating
    19     the State Board of Examiners in Speech-Language Pathology and
    20     Audiology and Teaching the Hearing Impaired with certain
    21     powers and duties; and prescribing penalties.


     1  Section 1.  Short title.
     2     This act shall be known and may be cited as the [Speech-
     3  Language and Hearing Licensure Act] Speech-Language
     4  Pathologists, Audiologists and Teachers of the Hearing Impaired
     5  Licensure Act.
     6  Section 2.  Declaration of policy.
     7     It is declared to be the policy of the Commonwealth that the
     8  practice of speech-language pathology and the practice of
     9  audiology are privileges granted to qualified persons and that,
    10  in order to safeguard the public health, safety and welfare; to
    11  protect the public from being misled or receiving treatment by
    12  incompetent, unscrupulous and unauthorized persons; to protect
    13  the public from unprofessional conduct [on the part of] by
    14  qualified speech-language pathologists, audiologists and
    15  teachers of the hearing impaired; and to assure the availability
    16  of the highest possible quality of speech-language pathology,
    17  audiology and hearing services to the [communicatively
    18  handicapped] people of this Commonwealth, it is necessary to
    19  [regulate persons offering speech-language and hearing services
    20  to the public and persons functioning under the direction of
    21  these specialists.] provide regulatory authority over persons
    22  offering speech-language pathology, audiology and teaching of
    23  the hearing impaired services to the public.
    24  Section 3.  Definitions.
    25     The following words and phrases when used in this act shall
    26  have the meanings given to them in this section unless the
    27  context clearly indicates otherwise:
    28     "Audiologist."  Any person who is qualified by [training and
    29  experience] education, training and clinical experience and is
    30  licensed under this act to engage in the practice of [the
    20080S1342B1898                  - 2 -     

     1  evaluation, counseling, habilitation and rehabilitation of
     2  individuals whose communicative disorders center in whole or in
     3  part in the hearing function. For the purposes of this paragraph
     4  the words "habilitation" and "rehabilitation" include, but are
     5  not limited to, hearing aid evaluation, fitting, recommendation,
     6  speech reading, auditory training and similar activities. A
     7  person is deemed to be or to hold himself out as being an
     8  audiologist if he offers such services to the public under any
     9  title incorporating the words audiology, audiologist,
    10  audiological consultant, aural rehabilitationist, hearing
    11  audiologist or any similar title or description of service.]
    12  audiology. A person is deemed to be, or to hold himself out as
    13  being, an audiologist if he offers such services to the public
    14  under any title incorporating the terms "audiology,"
    15  "audiologist," "audiological consultant," "hearing aid
    16  audiologist," or any variation, synonym, coinage or similar
    17  title that expresses, employs or implies these terms, names or
    18  functions.
    19     "Board."  The State Board of Examiners in Speech-Language
    20  [and Hearing] Pathology and Audiology and Teaching of the
    21  Hearing Impaired.
    22     "Person."  Any individual, organization, association,
    23  partnership, company, trust or corporate body, except that [any]
    24  only individuals can be licensed under this act. Any reference
    25  in this act to a licensed person shall mean a natural individual
    26  person.
    27     "Practice of audiology."  The application of principles,
    28  methods and procedures related to disorders of the auditory and
    29  vestibular systems, including the following: facilitating the
    30  conservation of auditory hearing function; developing and
    20080S1342B1898                  - 3 -     

     1  implementing hearing conservation programs; preventing,
     2  identifying and diagnosis and treatment of auditory and
     3  vestibular disorders; selecting, fitting and dispensing of
     4  amplification systems, including hearing aids and related
     5  devices and providing training and counseling in their use;
     6  aural rehabilitation; providing speech and language screening
     7  limited to pass-fail; and determination for the purpose of
     8  identification, individuals with disorders of communication. The
     9  board shall further define the term "practice of audiology"
    10  according to the provisions of section 5.
    11     "Practice of speech-language pathology."  The application of
    12  principles, methods and procedures of prevention,
    13  identification, assessment, counseling, consultation and follow-
    14  up services for persons with known or suspected language,
    15  cognitive/linguistic, social, speech, voice, swallowing or
    16  communication disorders, including, but not limited to, elective
    17  modification of communication behaviors and enhancement of
    18  communication; providing evaluation, diagnosis and treatment
    19  services for disorders of speech, language, swallowing,
    20  cognitive and social aspects of communication; establishing
    21  augmentative and alternative communication techniques and
    22  strategies, including selecting, prescribing and dispensing of
    23  augmentative aids and devices; the training of individuals,
    24  their families and other communication partners in their use;
    25  selecting, fitting and establishing effective use of appropriate
    26  prosthetic/adaptive devices for speaking and swallowing; using
    27  instrumental technology to observe, to assess and treat
    28  disorders of communication and swallowing; and providing aural
    29  rehabilitative and related counseling services to individuals
    30  with hearing loss and to their families. The board shall further
    20080S1342B1898                  - 4 -     

     1  define the term "practice of speech-language pathology"
     2  according to the provisions of section 5.
     3     "Practice of teaching of the hearing impaired."  Providing
     4  evaluation and instruction in communication skills, speech
     5  reading, speech and language development and auditory training
     6  appropriate for individuals whose cognitive and educational
     7  development have been affected primarily by impaired hearing
     8  sensitivity. Providing out-of-school tutoring for hearing
     9  impaired students in academic subject matter shall not be
    10  considered to be the practice of teaching of the hearing
    11  impaired. A person is deemed to be or to hold himself out as
    12  being a teacher of the hearing impaired if he offers such
    13  services under any title incorporating the words teacher of the
    14  hearing impaired, teacher of the deaf or hard of hearing,
    15  teacher of the acoustically handicapped, teacher of the deaf,
    16  teacher of the acoustically impaired, hearing teacher, teacher
    17  of the aurally handicapped, hearing tutor, tutor of the
    18  auditorily impaired, educator of the deaf or any similar title
    19  or description of service.
    20     "Speech-language pathologist."  Any person who is qualified
    21  by [training and experience] education, training and clinical
    22  experience and is licensed under this act to engage in the
    23  practice of [the evaluation, counseling, habilitation and
    24  rehabilitation of individuals whose communicative disorders
    25  involve the function of speech, voice or language.] speech-
    26  language pathology. A person is deemed to be or to hold himself
    27  out as being a speech-language pathologist if he offers such
    28  services under any title incorporating the [words speech-
    29  language pathologist, speech consultant,] terms speech-language
    30  pathology, speech-language pathologist, speech therapist,
    20080S1342B1898                  - 5 -     

     1  [speech correctionist, speech clinician, speech specialist,
     2  language pathologist, logopedist, communication therapist, voice
     3  therapist, aphasia therapist, aphasiologist, communicologist, or
     4  any similar title or description of service.] voice therapist,
     5  aphasiologist, dysphagia therapist or any variation, synonym,
     6  coinage or similar title that expresses, employs or implies
     7  these terms, names or functions.
     8     "Teacher of the hearing impaired."  Any person who is
     9  qualified [by training and experience to engage in the practice
    10  of providing] to provide evaluation and instruction in
    11  curriculum-based material [and communication skills] appropriate
    12  for individuals whose cognitive and educational development have
    13  been affected primarily by impaired hearing sensitivity. [A
    14  person is deemed to be or to hold himself out as being a teacher
    15  of the hearing impaired if he offers such services under any
    16  title incorporating the words teacher of the hearing impaired,
    17  teacher of the acoustically handicapped, teacher of the deaf,
    18  teacher of the acoustically impaired, hearing teacher, teacher
    19  of the aurally handicapped, hearing tutor, tutor of the
    20  auditorily impaired, educator of the deaf or any similar title
    21  or description of service.]
    22  [Section 4.  Creation of board; appointment and term of members;
    23                 officers.
    24     (a)  Board created.--There is hereby created a departmental
    25  administrative board to be known as the State Board of Examiners
    26  in Speech-Language and Hearing which shall be in the Bureau of
    27  Professional and Occupational Affairs of the Department of
    28  State. It shall consist of ten members, nine of whom shall be
    29  appointed by the Governor, by and with the advice and consent of
    30  a majority of the members elected to the Senate, who shall be
    20080S1342B1898                  - 6 -     

     1  residents of Pennsylvania for a three-year period immediately
     2  prior to appointment. The Commissioner of Professional and
     3  Occupational Affairs shall serve in his official capacity as the
     4  tenth member of the board. At the first meeting, the appointed
     5  members shall determine, by lot, three members to serve three-
     6  year terms, three members to serve two-year terms and three
     7  members to serve one-year terms, with the exception of the
     8  commissioner.
     9     (b)  Vacancies.--When the term of each appointed member of
    10  the board ends, the Governor shall appoint his successor for a
    11  term of three years, by and with the advice and consent of a
    12  majority of the members elected to the Senate. Any appointive
    13  vacancy occurring on the board shall be filled by the Governor
    14  by appointment for the unexpired term, by and with the advice
    15  and consent of a majority of the members elected to the Senate.
    16  Board members shall continue to serve until their successors are
    17  appointed and qualified but not longer than six months beyond
    18  the three-year period.
    19     (c)  Qualifications of board.--The board shall consist of the
    20  Commissioner of the Bureau of Professional and Occupational
    21  Affairs, one member who at the time of appointment is engaged in
    22  rendering professional services in speech-language pathology,
    23  one member who at the time of appointment is engaged in
    24  rendering professional services in audiology, one member who at
    25  the time of appointment is engaged in rendering professional
    26  services as a teacher of the hearing impaired, two members at
    27  large who are either speech-language pathologists, audiologists
    28  or teachers of the hearing impaired, however, each profession
    29  shall not be represented by more than two board members, two
    30  members who are physicians licensed to practice medicine in this
    20080S1342B1898                  - 7 -     

     1  Commonwealth, at least one of whom specializes in
     2  otolaryngology, and two members of the public appointed by the
     3  Governor from nominations submitted by the governing boards of
     4  groups advocating for the welfare of the speech-language and
     5  hearing handicapped. Of the initial members, the speech-language
     6  pathologists, audiologists and teachers of the hearing impaired
     7  shall possess the necessary qualifications for licensure under
     8  this act. Thereafter, the members of the board who are speech-
     9  language pathologists, audiologists and teachers of the hearing
    10  impaired shall be licensed under this act. No public member
    11  appointed under the provisions of this section shall be
    12  affiliated in any manner with professions or occupations
    13  providing health or corrective communications services or
    14  products to communicatively impaired persons. The public members
    15  shall be qualified pursuant to law, including section 813 of the
    16  act of April 9, 1929 (P.L.177, No.175), known as The
    17  Administrative Code of 1929. In addition, no member of the board
    18  shall at the same time be an officer or agent of any Statewide
    19  association or organization representing the professions or
    20  occupations under the jurisdiction of this board.
    21     (d)  Reappointment.--A member of the board shall be eligible
    22  for reappointment. A member shall not be appointed to serve more
    23  than two consecutive terms.
    24     (e)  Compensation; expenses.--The members of the board, other
    25  than the Commissioner of Professional and Occupational Affairs,
    26  shall receive reimbursement for reasonable travel, hotel and
    27  other necessary expenses and $60 per diem when actually engaged
    28  in the performance of their official duties.
    29     (f)  Meetings of board.--The board shall hold a meeting
    30  within 150 days after the effective date of this act and
    20080S1342B1898                  - 8 -     

     1  annually thereafter in the month prescribed by the board and
     2  elect a chairman, vice chairman and secretary who shall be
     3  members of the board. The board shall meet at such other times
     4  as deemed necessary and advisable by the chairman or by a
     5  majority of its members. Reasonable notice of all meetings shall
     6  be given in the manner prescribed by the board. A majority of
     7  the board shall constitute a quorum at any meeting or hearing.]
     8  Section 4.  Creation of board; appointment and term of members;
     9                 officers.
    10     (a)  Board created.--There is hereby created a departmental
    11  administrative board to be known as the State Board of Examiners
    12  in Speech-Language Pathology and Audiology which shall be in the
    13  Bureau of Professional and Occupational Affairs of the
    14  Department of State. The board shall consist of eleven members,
    15  ten of whom shall be appointed by the Governor, by and with the
    16  advice and consent of a majority of the members elected to the
    17  Senate, who shall be residents of Pennsylvania for a three-year
    18  period immediately prior to their appointment. The Commissioner
    19  of Professional and Occupational Affairs shall serve in his
    20  official capacity as the eleventh member of the board.
    21     (b)  Composition.--The board shall consist of three
    22  audiologists who are currently practicing audiology, have had
    23  five years' experience practicing audiology and who hold active
    24  and valid licensure for the practice of audiology in this
    25  Commonwealth, three speech-language pathologists who are
    26  currently practicing speech-language pathology, have had five
    27  years' experience practicing speech-language pathology and who
    28  hold active and valid licensure for the practice of speech-
    29  language pathology in this Commonwealth, one teacher of the
    30  hearing impaired who holds an active and valid licensure for the
    20080S1342B1898                  - 9 -     

     1  practice of teaching the hearing impaired in this Commonwealth,
     2  one physician licensed to practice medicine in this
     3  Commonwealth, two representatives of the public who are not
     4  associated with or financially interested in the practice or
     5  business of audiology, of speech-language pathology or of
     6  medicine and who are not members of allied or related
     7  professions or occupations, and the Commissioner of the Bureau
     8  of Professional and Occupational Affairs. The public members
     9  shall be qualified pursuant to law, including section 813 of the
    10  act of April 9, 1929 (P.L.177, No.175), known as The
    11  Administrative Code of 1929. In addition, no member of the board
    12  shall at the same time be an officer or agent of any Statewide
    13  association or organization representing the professions or
    14  occupations under the jurisdiction of the board.
    15     (c)  Appointments.--Appointments of audiologists to the board
    16  shall be made by the Governor from a list of qualified
    17  audiologists submitted jointly by the Pennsylvania Academy of
    18  Audiology (PAA) and the Pennsylvania Speech-Language Hearing
    19  Association (PSHA) and names submitted by other interested
    20  organizations or persons in this Commonwealth. Appointments of
    21  speech-language pathologists shall be made by the Governor from
    22  a list of qualified speech-language pathologists submitted by
    23  the Pennsylvania Speech-Language Hearing Association (PSHA) and
    24  names submitted by other interested organizations or persons in
    25  this Commonwealth. No member of the board shall at the same time
    26  serve in an elected, appointed or employed position in any
    27  national, State or local-level organization representing
    28  audiologists, speech-language pathologists or physicians, which
    29  present or may present a conflict of interest.
    30     (d)  Terms.--Appointments to the board shall be for a period
    20080S1342B1898                 - 10 -     

     1  of three years. Members shall serve until the expiration of the
     2  term for which they have been appointed or until their
     3  successors have been appointed and are deemed to be qualified to
     4  serve on the board. The Governor may remove any member of the
     5  board for unprofessional conduct, incompetence or neglect of
     6  duty.
     7     (e)  Vacancies.--When the term of each appointed member of
     8  the board ends, the Governor shall appoint his successor for a
     9  term of three years, by and with the advice and consent of a
    10  majority of the members elected to the Senate. In the event of a
    11  vacancy in the office of an appointed member of the board other
    12  than by expiration of a term, the Governor shall appoint a
    13  qualified person to fill the vacancy for the unexpired term, by
    14  and with the advice and consent of a majority of the members
    15  elected to the Senate. Board members shall continue to serve
    16  until their successors are appointed and qualified but not
    17  longer than six months beyond the three-year period.
    18     (f)  Reappointment.--A member of the board shall be eligible
    19  for reappointment. No member may serve more than two consecutive
    20  three-year terms.
    21     (g)  Compensation; expenses.--The members of the board, other
    22  than the Commissioner of Professional and Occupational Affairs,
    23  shall receive reimbursement for reasonable travel, hotel and
    24  other necessary expenses and $100 per diem when actually engaged
    25  in the performance of their official duties.
    26     (h)  Meetings of board.--The board shall hold a meeting
    27  within 150 days after the effective date of this act and
    28  annually thereafter in the month prescribed by the board to
    29  elect a chairman, vice chairman and secretary who shall be
    30  members of the board. The board shall meet at such other times
    20080S1342B1898                 - 11 -     

     1  as deemed necessary and advisable by the chairman or by a
     2  majority of its members. Reasonable notice of all meetings shall
     3  be given in the manner prescribed by the board. Six members of
     4  the board shall constitute a quorum to do business, provided
     5  that the majority of members present are audiologists and
     6  speech-language pathologists, and that at least one audiologist,
     7  one speech-language pathologist and one public representative
     8  are present at any meeting or hearing. The board shall conduct
     9  its meetings and keep records of its proceedings in accordance
    10  with the provisions of 1 Pa. Code Pt. II (relating to general
    11  rules of administrative practice and procedure).
    12     Section 2.  Section 5 of the act, amended October 18, 2000
    13  (P.L.536, No.71), is amended to read:
    14  Section 5.  Powers and duties of board.
    15     The board shall have the power and its duties shall be:
    16         (1)  To approve the qualifications and fitness of
    17     applicants for licensure, and to adopt and revise rules and
    18     regulations [requiring applicants to pass examinations]
    19     relating to their qualifications as a prerequisite to the
    20     issuance of a license.
    21         (2)  To adopt and revise rules and regulations consistent
    22     with the law as may be necessary to implement the provisions
    23     of this act. These rules and regulations shall include, but
    24     not be limited to, codes of ethics for speech-language
    25     pathologists, audiologists and teachers of the hearing
    26     impaired. The codes of ethics shall provide further that,
    27     whereas speech-language pathologists, audiologists and
    28     teachers of the hearing impaired provide nonmedical and
    29     nonsurgical services, medical diagnosis and medical treatment
    30     by these persons are specifically to be considered unethical
    20080S1342B1898                 - 12 -     

     1     and illegal.
     2         (3)  To examine for, deny, approve, issue, revoke,
     3     suspend or renew the licenses of speech-language pathologist,
     4     audiologist and teacher of the hearing impaired applicants.
     5         (4)  To conduct hearings upon complaints of violations of
     6     this act and the rules and regulations adopted pursuant to
     7     this act, and to prosecute and enjoin all such violations.
     8         (5)  To spend funds necessary for the proper performance
     9     of its assigned duties in accordance with the fiscal and
    10     other laws of this Commonwealth and upon approval by the
    11     Commissioner of Professional and Occupational Affairs.
    12         (6)  To waive [examination and] educational requirements
    13     and grant a license as provided in sections 6 and 7.
    14         (7)  To establish standards of eligibility for license
    15     renewal. These standards shall include, but not be limited
    16     to, the demonstration of satisfactory completion of 20 clock
    17     hours of continuing education related to the practice of
    18     speech-language pathology, audiology or teaching the hearing
    19     impaired in accordance with board regulations. No credit may
    20     be given for courses in office management or practice
    21     building. The board may waive all or part of the continuing
    22     education requirement to a licensee who shows to the
    23     satisfaction of the board that the licensee was unable to
    24     complete the requirement due to illness, emergency or
    25     hardship. The request for a waiver must be made in writing,
    26     with appropriate documentation, and must include a
    27     description of the circumstances sufficient to show why a
    28     licensee is unable to comply with the continuing education
    29     requirement. Waiver requests shall be evaluated by the board
    30     on a case-by-case basis. The board shall send the licensee
    20080S1342B1898                 - 13 -     

     1     written notification of its approval or denial of a waiver
     2     request. The requirement to demonstrate the satisfactory
     3     completion of continuing education shall begin with the
     4     biennial renewal period to be designated by regulation of the
     5     board and following written notice to licensees.
     6         (8)  To promulgate rules and regulations regarding
     7     persons functioning under the direction of audiologists,
     8     speech-language pathologists and teachers of the hearing
     9     impaired.
    10         (9)  To recognize national professional organizations in
    11     audiology that have established definitions of the practice
    12     of audiology, and to recognize a national professional
    13     organization in speech-language pathology that has
    14     established a definition of the practice of speech-language
    15     pathology. These organizations shall be the same as those
    16     recognized by the board under the provisions of section
    17     7(b)(2). The board shall then adopt those definitions to be
    18     the practical definitions of the practice of audiology and
    19     the practice of speech-language pathology for licensees under
    20     the board. If either of the recognized national professional
    21     organizations amends its definition, the amended definition
    22     cannot be added to the practice of audiology or to the
    23     practice of speech-language pathology until it has been
    24     adopted by the board.
    25         (10)  To recognize national accrediting agencies which
    26     accredit programs of audiology as specified in section
    27     7(a)(2).
    28     Section 3.  Sections 6, 7 and 8 of the act are amended to
    29  read:
    30  Section 6.  License required; persons and practices not
    20080S1342B1898                 - 14 -     

     1                 affected; exclusions; case load limitations.
     2     [(a)  Licenses.--Except as provided in subsection (b), no
     3  person may practice or hold himself out as being able to
     4  practice as an audiologist, speech-language pathologist or
     5  teacher of the hearing impaired in this Commonwealth unless he
     6  holds a current, unsuspended, unrevoked license issued by the
     7  board. Licensure shall be granted separately in speech-language
     8  pathology, audiology and teaching of the hearing impaired.]
     9     (a)  Licenses.--Except as provided in subsection (b), no
    10  person may practice or hold himself out as being able to
    11  practice as an audiologist, speech-language pathologist, or
    12  teacher of the hearing impaired, or may engage in the practice
    13  of speech-language pathology, the practice of audiology or the
    14  practice of teaching the hearing impaired in this Commonwealth
    15  unless he holds a current, unsuspended, unrevoked license issued
    16  by the board. Licensure shall be granted separately in speech-
    17  language pathology, audiology and teaching of the hearing
    18  impaired. Terminology that approximates speech-language
    19  pathology or audiology without a current, unsuspended, unrevoked
    20  license issued by the board that may confuse the public or
    21  falsify the credentials of the individual or company shall
    22  constitute a violation of this act.
    23     (b)  Exclusions.--Nothing in this act shall be construed as
    24  preventing or restricting:
    25         (1)  Any person licensed or registered in this
    26     Commonwealth from engaging in the profession or occupation
    27     for which he is licensed or registered, including:
    28             (i)  A physician or surgeon engaged in the practice
    29         of medicine.
    30             (ii)  A licensed physician or surgeon or a trained
    20080S1342B1898                 - 15 -     

     1         individual under the direction of a licensed physician
     2         doing hearing testing in the office or clinic of the
     3         physician.
     4             (iii)  A hearing aid fitter engaged in the business
     5         of selling and fitting hearing aids, and a hearing aid
     6         dealer engaged in the sale of hearing aids, as provided
     7         in the act of November 24, 1976 (P.L.1182, No.262), known
     8         as the Hearing Aid Sales Registration Law.
     9         (2)  A person who holds a valid credential issued by the
    10     Department of Education in the area of speech or hearing and
    11     who is employed in public or private elementary and secondary
    12     schools or institutions chartered by the Commonwealth[, or
    13     a]. Beginning two years after the effective date of this act,
    14     all persons newly employed by a public school district, a
    15     private elementary or secondary school, or an institution
    16     chartered by the Commonwealth must hold a valid license
    17     issued by the board. Beginning with the start of the next
    18     school year two years after the effective date of this act,
    19     caseload size for all persons employed as speech-language
    20     pathologists in a public school district, in a private
    21     elementary or secondary school or in an institution chartered
    22     shall be in accordance with the workload formula established
    23     by the school district or the governing board of the private
    24     school or institution.
    25         (3)  A person who is employed by the Commonwealth or the
    26     Federal Government as a speech-language pathologist,
    27     audiologist or teacher of the hearing impaired from engaging
    28     in his profession or occupation, if the person performs his
    29     services solely within the scope of his employment, or a
    30     person performing hearing testing under section 1402 of the
    20080S1342B1898                 - 16 -     

     1     act of March 10, 1949 (P.L.30, No.14), known as the Public
     2     School Code of 1949.
     3         [(3)] (4)  The activities of a student or trainee who is
     4     pursuing a program of study supervised by a person licensed
     5     under this act or otherwise exempt by this section which lead
     6     to a degree in speech-language pathology, audiology[,] or
     7     teaching the hearing impaired [or speech-language pathology
     8     at] from an accredited college or university, if such
     9     individual is designated by a title clearly indicating his
    10     student or training status.
    11         [(4)] (5)  The practice of speech-language pathology,
    12     audiology or teaching the hearing impaired in this
    13     Commonwealth by any person not a resident of this
    14     Commonwealth who is not licensed under this act if the person
    15     meets the qualifications and requirements for licensure
    16     described in section 7, or who is licensed under the law of
    17     another state having licensure requirements determined by the
    18     board to be at least equivalent to those established by
    19     section 7, and if the services are performed for no more than
    20     five days in any calendar year in cooperation with a speech-
    21     language pathologist, audiologist or teacher of the hearing
    22     impaired licensed under this act.
    23         [(5)] (6)  A corporation, partnership, trust,
    24     association, company or other similar form of organization
    25     from engaging in the practice of speech-language pathology,
    26     audiology or teaching the hearing impaired without a license
    27     if it employs licensed individuals in the direct practice of
    28     speech-language pathology, audiology or teaching the hearing
    29     impaired licensed under this act.
    30  Section 7.  Requirements for licensure.
    20080S1342B1898                 - 17 -     

     1     (a)  In general.--Except as provided in subsections (b) and
     2  (c), to be eligible for licensure by the board as a speech-
     3  language pathologist, audiologist or teacher of the hearing
     4  impaired, an applicant shall pay a fee as established by the
     5  board in accordance with section 8(a), be of good moral
     6  character to the satisfaction of the board[, pass an
     7  examination] and:
     8         (1)  For the license in speech-language pathology,
     9     possess a master's degree in speech-language pathology or its
    10     equivalent from an [accredited academic institution] academic
    11     program accredited by the Council of Academic Accreditation
    12     in Audiology and Speech-Language Pathology. In addition, the
    13     applicant must have at least one year of supervised
    14     professional experience in the field of speech-language
    15     pathology.
    16         (2)  For the license in audiology, possess a master's
    17     degree or doctoral degree in audiology or its equivalent from
    18     an [accredited academic institution] academic program
    19     accredited by an accrediting agency approved by the board
    20     under standards pursuant to this act. [In addition, the
    21     applicant] Master's degree applicants must have at least one
    22     year of supervised professional experience in the field of
    23     audiology. Beginning January 1, 2012, all new applicants must
    24     possess a doctoral degree in audiology or its equivalent as
    25     determined by the board.
    26         (3)  For licensure as a teacher of the hearing impaired,
    27     possess a master's degree in education of the hearing
    28     impaired or its equivalent from an accredited academic
    29     institution. In addition, the applicant must have at least
    30     one year of supervised professional experience in the field
    20080S1342B1898                 - 18 -     

     1     of teaching the hearing impaired.
     2     (b)  Waivers.--The board may waive the examination and
     3  educational requirements for any of the following:
     4         (1)  Applicants who present proof of [current
     5     certification or licensure] a currently valid license to
     6     practice speech-language pathology or audiology in a state
     7     which has standards determined by the board to be at least
     8     equal to those for licensure in this Commonwealth.
     9         (2)  Applicants who hold a currently valid and
    10     appropriate Certificate of Clinical Competence from the
    11     Council [of Professional Standards] for Clinical
    12     Certification of the American Speech-Language [and] Hearing
    13     Association[.] or certification from a national credentialing
    14     organization that is recognized by the board from standards
    15     pursuant to this act. Notice of standards shall be published
    16     in the Pennsylvania Bulletin.
    17         (3)  Applicants who hold a currently valid professional
    18     certificate issued by the Council on Education of the Deaf in
    19     compliance with its standards for the certification of
    20     teachers of the hearing impaired and who have completed an
    21     additional ten graduate academic credits established by the
    22     board to be appropriate for licensure as a teacher of the
    23     hearing impaired.
    24     [(c)  Requirements for current practitioners.--The board
    25  shall waive the examination and educational requirements for any
    26  applicant who, on the effective date of this act:
    27         (1)  has at least a bachelor's degree with a major in
    28     speech-language pathology, audiology or teaching the hearing
    29     impaired from an accredited college or university, and who
    30     has been employed as a speech-language pathologist,
    20080S1342B1898                 - 19 -     

     1     audiologist or teacher of the hearing impaired for at least
     2     nine consecutive months within three years prior to the
     3     effective date of this act; and
     4         (2)  files an application with the board providing bona
     5     fide proof of the degree and employment together with the
     6     application fee prescribed in section 8.]
     7     (c)  Provisional licenses.--
     8         (1)  The board may, in accordance with the provisions of
     9     this section, issue a provisional license in speech-language
    10     pathology or audiology to applicants who have met all of the
    11     requirements for licensure under this act except for the
    12     completion of the clinical fellowship necessary to receive
    13     either the Certificate of Clinical Competence from the
    14     Council for Clinical Certification of the American Speech-
    15     Language Hearing Association, or certification from another
    16     national credentialing organization as recognized by the
    17     board pursuant to section 7(b)(2). In order to receive the
    18     license, the applicant must submit an application for the
    19     provisional license to the board on a form prescribed by the
    20     board. The form must indicate the applicant's plans for
    21     completing the clinical fellowship, and must be accompanied
    22     by an application fee determined by the board. A provisional
    23     license issued under this section shall be valid for a
    24     maximum of 18 months and cannot be renewed. The purpose of
    25     the provisional license is solely to allow individuals to
    26     practice speech-language pathology or audiology under
    27     appropriate supervision while completing the postgraduate
    28     professional experience required for certification under
    29     section 7(b)(2). A person holding a provisional license is
    30     authorized to practice speech-language pathology, audiology
    20080S1342B1898                 - 20 -     

     1     or teaching of the hearing impaired only while working under
     2     the supervision of a person fully licensed in this
     3     Commonwealth in accordance with this act.
     4         (2)  Any person who is qualified by education, training
     5     and clinical experience by completing all educational
     6     requirements, including the externship of an Au.D. program
     7     will hold a provisional license provided that such exclusion
     8     shall only be valid for six months from the time of
     9     application for the permanent license.
    10         (3)  A person holding a valid license in another state
    11     may practice speech-language pathology, audiology or teaching
    12     of the hearing impaired and who has applied for a license in
    13     Pennsylvania under the provisions of this act may practice
    14     speech-language pathology, audiology or teaching of the
    15     hearing impaired while working under the supervision of a
    16     person fully licensed in this Commonwealth for no more than
    17     90 days while awaiting approval of the license application.
    18  Section 8.  Application and fees.
    19     (a)  Fee.--An application for [examination and] license shall
    20  be accompanied by a nonrefundable application [and examination]
    21  fee in an amount established by the board by regulation and
    22  shall be subject to review in accordance with the act of June
    23  25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
    24  If the revenues generated by fees, fines and civil penalties
    25  imposed in accordance with the provisions of this act are not
    26  sufficient to match expenditures over a two-year period, the
    27  board shall increase those fees by regulation, subject to review
    28  in accordance with the Regulatory Review Act, such that the
    29  projected revenues will meet or exceed projected expenditures.
    30  If the Bureau of Professional and Occupational Affairs
    20080S1342B1898                 - 21 -     

     1  determines that fees established by the board are inadequate to
     2  meet the minimum enforcement efforts required, then the bureau,
     3  after consultation with the board, shall increase the fees by
     4  regulation, subject to review in accordance with the Regulatory
     5  Review Act, such that adequate revenues are raised to meet the
     6  required enforcement effort.
     7     (b)  Affidavit.--Each application shall be accompanied by an
     8  affidavit or affirmation of the applicant as to its verity. Any
     9  applicant who knowingly or willfully makes a false statement in
    10  his application shall be subject to prosecution for perjury.
    11     (c)  [Examinations.--The board shall offer at least two
    12  examinations for licensure each year. Notice of examinations
    13  shall be given at least 60 days prior to their administration.
    14     (d)  Record of examination scores.--The board shall maintain
    15  a permanent record of all examination scores.
    16     (e)]  Disposition and use of fees.--Fees shall be collected
    17  by the board through the Bureau of Professional and Occupational
    18  Affairs and shall be paid into the Professional Licensure
    19  Augmentation Account established pursuant to and for use in
    20  accordance with the act of July 1, 1978 (P.L.700, No.124), known
    21  as the Bureau of Professional and Occupational Affairs Fee Act.
    22     Section 4.  Section 9 of the act is repealed:
    23  [Section 9.  Examinations.
    24     (a)  Preparation of examinations.--All written examinations
    25  shall be prepared and administered by a qualified professional
    26  testing organization under contract with the Bureau of
    27  Professional and Occupational Affairs and approved by the board,
    28  except that national uniform examinations or grading services or
    29  both shall be used if available. No board member shall have a
    30  financial interest in a professional testing organization. This
    20080S1342B1898                 - 22 -     

     1  section shall not apply to any oral, practical or other
     2  nonwritten examination which may be required by the board.
     3     (b)  Cost of examinations.--The purpose of the examination
     4  fee which is to be established in accordance with section 8(a)
     5  is to insure that the applicant's fees cover the entire cost of
     6  the examination and administration. Cost is all contractual
     7  charges relating to the preparing, administering, grading and
     8  recording of the examination.]
     9     Section 5.  Section 12 of the act is amended to read:
    10  Section 12.  Requirement of a medical examination.
    11     [(a)  Medical examination.--Before an audiologist initiates
    12  aural rehabilitation for an individual, there shall be a medical
    13  examination verifying that there are no diseases of the ear
    14  requiring medical or surgical treatment.
    15     (b)  Waiver.--This section does not apply if an individual
    16  signs a written waiver as set forth in this section. The waiver
    17  must be read and explained in such a manner that the individual
    18  will be thoroughly aware of the consequences of signing the
    19  waiver. The waiver form shall read as follows:
    20         I have been advised by (audiologist's name) that the
    21     Commonwealth of Pennsylvania has determined that my best
    22     health interest would be served if I had a medical
    23     examination by a licensed physician before the initiation of
    24     aural rehabilitation. I do not wish a medical examination
    25     before the initiation of aural rehabilitation.
    26                                    ______________________________
    27                                   Signature                 Date]
    28     A speech-language pathologist, audiologist or teacher of
    29  the hearing impaired shall refer patients who present
    30  with suspected medical or surgical conditions for medical
    20080S1342B1898                 - 23 -     

     1  evaluation.
     2     Section 6.  The act is amended by adding a section
     3  to read:
     4  Section 16.1.  Title.
     5     A licensed speech-language pathologist, or a licensed
     6  audiologist who holds a doctoral degree in audiology, may use
     7  the title "Doctor" or "Dr." on written materials only if the
     8  abbreviations "Au.D.," "Ed.D. or "Ph.D." also accompany the
     9  licensee's name. A licensee who is not also licensed to practice
    10  medicine or osteopathy in this Commonwealth may not attach to
    11  his name or use as a title the words or abbreviations "Doctor"
    12  or "Dr." in contravention of this section, "M.D.," "physician,"
    13  "surgeon," "D.O." or any word or abbreviation that suggests that
    14  the licensee practices medicine or osteopathy.
    15     Section 7.  Section 19 of the act is amended to read:
    16  Section 19.  Injunction against unlawful practice.
    17     [After 12 months from the effective date of this act, it] It
    18  shall be unlawful for any person to practice or attempt to offer
    19  to practice audiology, speech-language pathology or teaching the
    20  hearing impaired without holding a valid unrevoked and
    21  unsuspended license issued under this act. The unlawful practice
    22  of audiology, speech-language pathology or teaching the hearing
    23  impaired may be enjoined by the courts on petition of the board
    24  or its agents. In any proceeding it shall not be necessary to
    25  show that any person is individually injured by the complained
    26  of actions. If the respondent is found guilty of the unlawful
    27  practice, the court shall enjoin him from practicing until he
    28  has been duly licensed. Procedure in these cases shall be the
    29  same as in any other injunction suit. The remedy by injunction
    30  is in addition to criminal prosecution and punishment.
    20080S1342B1898                 - 24 -     

     1     Section 8.  Section 20 of the act is repealed:
     2  [Section 20.  Appropriation.
     3     The sum of $75,000, or as much thereof as may be necessary,
     4  is hereby appropriated from the Professional Licensure
     5  Augmentation Account within the General Fund to the Bureau of
     6  Professional and Occupational Affairs in the Department of State
     7  for the establishment and operation of the State Board of
     8  Examiners in Speech-Language and Hearing. The appropriation
     9  granted shall be repaid by the board within three years of the
    10  beginning of issuance of licenses by the board.]
    11     Section 9.  This act shall take effect in 60 days.













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