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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GORDNER, BAKER, FARNESE, FERLO, FONTANA, SOLOBAY, TARTAGLIONE AND RAFFERTY, DECEMBER 13, 2011 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, DECEMBER 13, 2011 |
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| AN ACT |
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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 title of act, |
7 | for short title, for declaration of policy, for definitions, |
8 | for creation of board, appointment and term of members and |
9 | officers, for powers and duties of board, for license |
10 | required and persons and practices not affected and |
11 | exclusions, for requirements for licensure, for application |
12 | and fees, for examinations, for refusal to issue and |
13 | revocation, for requirement of a medical examination, for |
14 | renewal fees and records, for limitation of renewal time and |
15 | new license and for certification to the board; providing for |
16 | use of title; and further providing for enforcement of |
17 | certification to board, for impaired professionals, for |
18 | penalties, for injunction against lawful practice and for |
19 | appropriation. |
20 | The General Assembly of the Commonwealth of Pennsylvania |
21 | hereby enacts as follows: |
22 | Section 1. The title and sections 1, 2, 3 and 4 of the act |
23 | of December 21, 1984 (P.L.1253, No.238), known as the Speech- |
24 | Language and Hearing Licensure Act, are amended to read: |
25 | An Act |
26 | Regulating the practice of speech-language pathologists[,] and |
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1 | audiologists [and teachers of the hearing impaired]; creating |
2 | the State Board of Examiners in Speech-Language [and Hearing] |
3 | Pathology and Audiology with certain powers and duties; and |
4 | prescribing penalties. |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Speech- |
7 | Language [and Hearing] Pathologists and Audiologists Licensure |
8 | Act. |
9 | Section 2. Declaration of policy. |
10 | It is declared to be the policy of the Commonwealth that the |
11 | practice of speech-language pathology and the practice of |
12 | audiology are privileges granted to qualified persons and that, |
13 | in order to safeguard the public health, safety and welfare; to |
14 | protect the public from being misled or receiving treatment by |
15 | incompetent, unscrupulous and unauthorized persons; to protect |
16 | the public from unprofessional conduct [on the part of] by |
17 | qualified speech-language pathologists[,] and audiologists [and |
18 | teachers of the hearing impaired]; and to assure the |
19 | availability of the highest possible quality of speech-language |
20 | [and hearing] pathology and audiology services to the |
21 | [communicatively handicapped] people of this Commonwealth, it is |
22 | necessary to [regulate persons offering speech-language and |
23 | hearing services to the public and persons functioning under the |
24 | direction of these specialists] provide regulatory authority |
25 | over persons offering speech-language pathology and audiology |
26 | services to the public. |
27 | Section 3. Definitions. |
28 | The following words and phrases when used in this act shall |
29 | have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Audiologist." Any person who is qualified by [training and |
2 | experience] education, training and clinical experience and is |
3 | licensed under this act to engage in the practice of [the |
4 | evaluation, counseling, habilitation and rehabilitation of |
5 | individuals whose communicative disorders center in whole or in |
6 | part in the hearing function. For the purposes of this paragraph |
7 | the words "habilitation" and "rehabilitation" include, but are |
8 | not limited to, hearing aid evaluation, fitting, recommendation, |
9 | speech reading, auditory training and similar activities. A |
10 | person is deemed to be or to hold himself out as being an |
11 | audiologist if he offers such services to the public under any |
12 | title incorporating the words audiology, audiologist, |
13 | audiological consultant, aural rehabilitationist, hearing |
14 | audiologist or any similar title or description of service] |
15 | audiology. The audiologist is an independent practitioner |
16 | providing services in hospitals, clinics, schools, private |
17 | practices and other settings in which audiologic services are |
18 | relevant. A person is deemed to be, or to hold himself out as |
19 | being, an audiologist if he offers such services to the public |
20 | under any title incorporating the terms "audiology," |
21 | "audiologist," "audiological consultant," "hearing aid |
22 | audiologist" or any variation, synonym, coinage or similar title |
23 | that expresses, employs or implies these terms, names or |
24 | functions. |
25 | "Board." The State Board of Examiners in Speech-Language |
26 | [and Hearing] Pathology and Audiology. |
27 | "Person." Any individual, organization, association, |
28 | partnership, company, trust or corporate body, except that [any] |
29 | only individuals can be licensed under this act. Any reference |
30 | in this act to a licensed person shall mean a natural individual |
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1 | person. |
2 | "Practice of audiology." The application of principles, |
3 | methods and procedures related to disorders of the auditory and |
4 | vestibular systems. Areas of audiology practice include the |
5 | following: |
6 | (1) prevention of hearing loss by designing, |
7 | implementing and coordinating industrial, school and |
8 | community-based hearing conservation programs; |
9 | (2) identification of dysfunction of hearing, balance |
10 | and other auditory-related systems by developing and |
11 | overseeing hearing and balance-related screening programs for |
12 | persons of all ages, including newborn and school screening |
13 | programs; |
14 | (3) administration of speech or language screening or |
15 | other measures for the purpose of initial identification and |
16 | referral of persons with other communicative disorders; |
17 | (4) assessment and diagnosis of hearing and vestibular |
18 | disorders through the administration of behavioral, |
19 | psychoacoustic, electrophysiologic tests of the peripheral |
20 | and central auditory and vestibular systems using |
21 | standardized test procedures, including, but not limited to, |
22 | audiometry, tympanometry, acoustic reflex measures, |
23 | otoacoustic emissions, auditory evoked potentials, video and |
24 | electronystagmography and tests of central auditory function |
25 | using calibrated instrumentation leading to the diagnosis of |
26 | auditory and vestibular abnormality; |
27 | (5) assessment of candidacy of persons with hearing loss |
28 | for cochlear implants; |
29 | (6) treatment for persons with impairment of auditory |
30 | function utilizing amplification and other assistive devices; |
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1 | (7) selection, fitting, evaluation and dispensing of |
2 | hearing aids and other amplification systems; |
3 | (8) fitting and mapping of cochlear implant devices and |
4 | audiologic rehabilitation to optimize device use; |
5 | (9) fitting of middle ear implantable hearing aids, |
6 | fully implantable hearing aids and bone-anchored hearing |
7 | aids; |
8 | (10) conducting otoscopic examinations and removing |
9 | cerumen; |
10 | (11) treatment of persons with tinnitus using techniques |
11 | including biofeedback, masking, hearing aids, education and |
12 | counseling; |
13 | (12) counseling on the psychosocial aspects of hearing |
14 | loss and the use of amplification systems; |
15 | (13) administration of electrophysiologic measures of |
16 | neural function, including, but not limited to, sensory and |
17 | motor-evoked potentials, tests of nerve conduction velocity |
18 | and electromyography, plus preoperative and postoperative |
19 | evaluation of neural function, neurophysiologic |
20 | intraoperative monitoring of the central nervous system, |
21 | spinal cord and cranial nerve function; and |
22 | (14) referral of persons with auditory and vestibular |
23 | abnormalities to an appropriate physician for medical |
24 | evaluation when indicated based upon the interpretation of |
25 | the audiologic and vestibular test results. |
26 | "Speech-language pathologist." Any person who is qualified |
27 | by training and experience to engage in the practice of the |
28 | evaluation, counseling, habilitation and rehabilitation of |
29 | individuals whose communicative disorders involve the function |
30 | of speech, voice or language. A person is deemed to be or to |
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1 | hold himself out as being a speech-language pathologist if he |
2 | offers such services under any title incorporating the words |
3 | speech-language pathologist, speech consultant, speech |
4 | therapist, speech correctionist, speech clinician, speech |
5 | specialist, language pathologist, logopedist, communication |
6 | therapist, voice therapist, aphasia therapist, aphasiologist, |
7 | communicologist, or any similar title or description of service. |
8 | ["Teacher of the hearing impaired." Any person who is |
9 | qualified by training and experience to engage in the practice |
10 | of providing evaluation and instruction in curriculum-based |
11 | material and communication skills appropriate for individuals |
12 | whose cognitive and educational development have been affected |
13 | primarily by impaired hearing sensitivity. A person is deemed to |
14 | be or to hold himself out as being a teacher of the hearing |
15 | impaired if he offers such services under any title |
16 | incorporating the words teacher of the hearing impaired, teacher |
17 | of the acoustically handicapped, teacher of the deaf, teacher of |
18 | the acoustically impaired, hearing teacher, teacher of the |
19 | aurally handicapped, hearing tutor, tutor of the auditorily |
20 | impaired, educator of the deaf or any similar title or |
21 | 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 |
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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 |
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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 |
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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 | (a) Board created.--There is hereby created a departmental |
9 | administrative board to be known as the State Board of Examiners |
10 | in Speech-Language Pathology and Audiology which shall be in the |
11 | Bureau of Professional and Occupational Affairs of the |
12 | Department of State. The board shall consist of ten members, |
13 | nine of whom shall be appointed by the Governor, by and with the |
14 | advice and consent of a majority of the members elected to the |
15 | Senate, who shall be residents of Pennsylvania for a three-year |
16 | period immediately prior to their appointment. The Commissioner |
17 | of Professional and Occupational Affairs shall serve in his |
18 | official capacity as the tenth member of the board. |
19 | (b) Composition.--The board shall consist of three |
20 | audiologists who are currently practicing audiology, have had |
21 | five years' experience practicing audiology and who hold active |
22 | and valid licensure for the practice of audiology in this |
23 | Commonwealth, three speech-language pathologists who are |
24 | currently practicing speech-language pathology, have had five |
25 | years' experience practicing speech-language pathology and who |
26 | hold active and valid licensure for the practice of speech- |
27 | language pathology in this Commonwealth, one physician licensed |
28 | to practice medicine in this Commonwealth, two representatives |
29 | of the public who are not associated with or financially |
30 | interested in the practice or business of audiology, of speech- |
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1 | language pathology or of medicine and who are not members of |
2 | allied or related professions or occupations, and the |
3 | Commissioner of the Bureau of Professional and Occupational |
4 | Affairs. The public members shall be qualified pursuant to law, |
5 | including section 813 of the act of April 9, 1929 (P.L.177, |
6 | No.175), known as The Administrative Code of 1929. In addition, |
7 | no member of the board shall at the same time be an officer or |
8 | agent of any Statewide association or organization representing |
9 | the professions or occupations under the jurisdiction of the |
10 | board. |
11 | (c) Appointments.--Appointments of audiologists to the board |
12 | shall be made by the Governor from a list of qualified |
13 | audiologists submitted by the Pennsylvania Academy of Audiology |
14 | (PAA) and names submitted by other interested organizations or |
15 | persons in this Commonwealth. Appointments of speech-language |
16 | pathologists shall be made by the Governor from a list of |
17 | qualified speech-language pathologists submitted by the |
18 | Pennsylvania Speech-Language-Hearing Association (PSHA) and |
19 | names submitted by other interested organizations or persons in |
20 | this Commonwealth. No member of the board shall at the same time |
21 | serve in an elected, appointed or employed position in any |
22 | national, State or local-level organization representing |
23 | audiologists, speech-language pathologists or physicians, which |
24 | present or may present a conflict of interest. |
25 | (d) Terms.--Appointments to the board shall be for a period |
26 | of three years. Members shall serve until the expiration of the |
27 | term for which they have been appointed or until their |
28 | successors have been appointed and are deemed to be qualified to |
29 | serve on the board. The Governor may remove any member of the |
30 | board for unprofessional conduct, incompetence or neglect of |
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1 | duty. |
2 | (e) Vacancies.--When the term of each appointed member of |
3 | the board ends, the Governor shall appoint his successor for a |
4 | term of three years, by and with the advice and consent of a |
5 | majority of the members elected to the Senate. In the event of a |
6 | vacancy in the office of an appointed member of the board other |
7 | than by expiration of a term, the Governor shall appoint a |
8 | qualified person to fill the vacancy for the unexpired term, by |
9 | and with the advice and consent of a majority of the members |
10 | elected to the Senate. Board members shall continue to serve |
11 | until their successors are appointed and qualified but not |
12 | longer than six months beyond the three-year period. |
13 | (f) Reappointment.--A member of the board shall be eligible |
14 | for reappointment. No member may serve more than two consecutive |
15 | three-year terms. |
16 | (g) Compensation and expenses.--The members of the board, |
17 | other than the Commissioner of Professional and Occupational |
18 | Affairs, shall receive reimbursement for reasonable travel, |
19 | hotel and other necessary expenses and $100 per diem when |
20 | actually engaged in the performance of their official duties. |
21 | (h) Meetings of board.--The board shall hold a meeting |
22 | within 150 days after the effective date of this section and |
23 | annually thereafter in the month prescribed by the board to |
24 | elect a chairman, vice chairman and secretary who shall be |
25 | members of the board. The board shall meet at such other times |
26 | as deemed necessary and advisable by the chairman or by a |
27 | majority of its members. Reasonable notice of all meetings shall |
28 | be given in the manner prescribed by the board. Six members of |
29 | the board shall constitute a quorum to do business, provided |
30 | that the majority of members present are audiologists and |
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1 | speech-language pathologists, and that at least one audiologist, |
2 | one speech-language pathologist and one public representative |
3 | are present at any meeting or hearing. The board shall conduct |
4 | its meetings and keep records of its proceedings in accordance |
5 | with the provisions of 1 Pa. Code Pt. II (relating to general |
6 | rules of administrative practice and procedure). |
7 | (i) Forfeiture.--A member of the board who fails to attend |
8 | three consecutive meetings shall forfeit his seat unless the |
9 | Commissioner of Professional and Occupational Affairs, upon |
10 | written request from the member, finds that the member should be |
11 | excused from a meeting because of illness or the death of an |
12 | immediate family member. |
13 | Section 2. Section 5 of the act, amended October 18, 2000 |
14 | (P.L.536, No.71), is amended to read: |
15 | Section 5. Powers and duties of board. |
16 | The board shall have the power and its duties shall be: |
17 | (1) To approve the qualifications and fitness of |
18 | applicants for licensure, and to adopt and revise rules and |
19 | regulations requiring applicants to pass examinations |
20 | relating to their qualifications as a prerequisite to the |
21 | issuance of a license. |
22 | (2) To adopt and revise rules and regulations consistent |
23 | with the law as may be necessary to implement the provisions |
24 | of this act. [These rules and regulations shall include, but |
25 | not be limited to, codes of ethics for speech-language |
26 | pathologists, audiologists and teachers of the hearing |
27 | impaired. The codes of ethics shall provide further that, |
28 | whereas speech-language pathologists, audiologists and |
29 | teachers of the hearing impaired provide nonmedical and |
30 | nonsurgical services, medical diagnosis and medical treatment |
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1 | by these persons are specifically to be considered unethical |
2 | and illegal.] |
3 | (3) To examine for, deny, approve, issue, revoke, |
4 | suspend or renew the licenses of speech-language |
5 | [pathologist, audiologist and teacher of the hearing impaired |
6 | applicants] pathologists and audiologists, and provisional |
7 | licenses for speech-language pathologists and audiologists. |
8 | (4) To conduct hearings upon complaints of violations of |
9 | this act and the rules and regulations adopted pursuant to |
10 | this act, and to prosecute and enjoin all such violations. |
11 | (5) To spend funds necessary for the proper performance |
12 | of its assigned duties in accordance with the fiscal and |
13 | other laws of this Commonwealth and upon approval by the |
14 | Commissioner of Professional and Occupational Affairs. |
15 | (6) To waive examination and educational requirements |
16 | and grant a license as provided in sections 6 and 7. |
17 | (7) To establish standards of eligibility for license |
18 | renewal. These standards shall include, but not be limited |
19 | to, the demonstration of satisfactory completion of 20 clock |
20 | hours of continuing education related to the practice of |
21 | speech-language pathology[,] and audiology [or teaching the |
22 | hearing impaired] in accordance with board regulations. No |
23 | credit may be given for courses in office management or |
24 | practice building. The board may waive all or part of the |
25 | continuing education requirement to a licensee who shows to |
26 | the satisfaction of the board that the licensee was unable to |
27 | complete the requirement due to illness, emergency or |
28 | hardship. The request for a waiver must be made in writing, |
29 | with appropriate documentation, and must include a |
30 | description of the circumstances sufficient to show why a |
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1 | licensee is unable to comply with the continuing education |
2 | requirement. Waiver requests shall be evaluated by the board |
3 | on a case-by-case basis. The board shall send the licensee |
4 | written notification of its approval or denial of a waiver |
5 | request. The requirement to demonstrate the satisfactory |
6 | completion of continuing education shall begin with the |
7 | biennial renewal period to be designated by regulation of the |
8 | board and following written notice to licensees. |
9 | (8) To promulgate rules and regulations regarding |
10 | persons functioning under the direction of audiologists[,] or |
11 | speech-language pathologists [and teachers of the hearing |
12 | impaired]. |
13 | (9) To recognize national professional organizations in |
14 | audiology that have established definitions of the practice |
15 | of audiology. These organizations shall be the same as those |
16 | recognized by the board under the provisions of section 7(b) |
17 | (2). The board shall have the power to adopt those |
18 | definitions to be the practical definitions of the practice |
19 | of audiology for licensees under the board. If one or more of |
20 | the recognized national professional organizations amends its |
21 | definition, the amended definition cannot be added to the |
22 | practice of audiology until it has been adopted by the board |
23 | through regulation. |
24 | (10) To recognize national accrediting agencies which |
25 | accredit programs of audiology as specified in section |
26 | 7(a)(2). |
27 | Section 3. Sections 6, 7 and 8 of the act are amended to |
28 | read: |
29 | Section 6. License required; persons and practices not |
30 | affected; exclusions. |
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1 | (a) Licenses.--[Except as provided in subsection (b), no |
2 | person may practice or hold himself out as being able to |
3 | practice as an audiologist, speech-language pathologist or |
4 | teacher of the hearing impaired in this Commonwealth unless he |
5 | holds a current, unsuspended, unrevoked license issued by the |
6 | board. Licensure shall be granted separately in speech-language |
7 | pathology, audiology and teaching of the hearing impaired.] |
8 | Except as provided in subsection (b), no person may practice or |
9 | hold himself out as being able to practice as an audiologist or |
10 | speech-language pathologist, or may engage in the practice of |
11 | speech-language pathology or the practice of audiology in this |
12 | Commonwealth unless he holds a current, unsuspended, unrevoked |
13 | license issued by the board. Licensure shall be granted |
14 | separately in speech-language pathology and audiology. |
15 | Terminology that approximates speech-language pathology or |
16 | audiology without a current, unsuspended, unrevoked license |
17 | issued by the board that may confuse the public or falsify the |
18 | credentials of the individual or company shall constitute a |
19 | violation of this act. |
20 | (b) Exclusions.--Nothing in this act shall be construed as |
21 | preventing or restricting: |
22 | (1) Any person licensed or registered in this |
23 | Commonwealth from engaging in the profession or occupation |
24 | for which he is licensed or registered, including: |
25 | (i) A physician or surgeon engaged in the practice |
26 | of medicine. |
27 | (ii) A licensed physician or surgeon or a trained |
28 | individual under the direction of a licensed physician |
29 | doing hearing testing in the office or clinic of the |
30 | physician. |
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1 | (iii) A hearing aid fitter engaged in the business |
2 | of selling and fitting hearing aids, and a hearing aid |
3 | dealer engaged in the sale of hearing aids, as provided |
4 | in the act of November 24, 1976 (P.L.1182, No.262), known |
5 | as the Hearing Aid Sales Registration Law. |
6 | (2) A person who holds a valid credential issued by the |
7 | Department of Education in the area of speech or hearing and |
8 | who is employed in public or private elementary and secondary |
9 | schools or institutions chartered by the Commonwealth, or a |
10 | person who is employed by the Commonwealth or the Federal |
11 | Government as a speech-language pathologist[,] or audiologist |
12 | [or teacher of the hearing impaired] from engaging in his |
13 | profession or occupation, if the person performs his services |
14 | solely within the scope of his employment, or a person |
15 | performing hearing testing under section 1402 of the act of |
16 | March 10, 1949 (P.L.30, No.14), known as the Public School |
17 | Code of 1949. |
18 | (3) The activities of a student or trainee who is |
19 | pursuing a program of study supervised by a person licensed |
20 | under this act or otherwise exempt by this section which lead |
21 | to a degree in audiology[, teaching the hearing impaired or |
22 | speech-language pathology at] from an accredited college or |
23 | university, if such individual is designated by a title |
24 | clearly indicating his student or training status. |
25 | (4) The practice of speech-language pathology[,] or |
26 | audiology [or teaching the hearing impaired] in this |
27 | Commonwealth by any person not a resident of this |
28 | Commonwealth who is not licensed under this act if the person |
29 | meets the qualifications and requirements for licensure |
30 | described in section 7, or who is licensed under the law of |
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1 | another state having licensure requirements determined by the |
2 | board to be at least equivalent to those established by |
3 | section 7, and if the services are performed for no more than |
4 | five days in any calendar year in cooperation with a speech- |
5 | language pathologist[,] or audiologist [or teacher of the |
6 | hearing impaired] licensed under this act. |
7 | (5) A corporation, partnership, trust, association, |
8 | company or other similar form of organization from engaging |
9 | in the practice of speech-language pathology[,] or audiology |
10 | [or teaching the hearing impaired] without a license if it |
11 | employs licensed individuals in the direct practice of |
12 | speech-language pathology[,] or audiology [or teaching the |
13 | hearing impaired] licensed under this act. |
14 | Section 7. Requirements for licensure. |
15 | (a) In general.--Except as provided in subsections (b) and |
16 | (c), to be eligible for licensure by the board as a speech- |
17 | language pathologist[,] or audiologist [or teacher of the |
18 | hearing impaired], an applicant shall pay a fee as established |
19 | by the board in accordance with section 8(a), be of good moral |
20 | character to the satisfaction of the board, pass an examination |
21 | and: |
22 | (1) For the license in speech-language pathology, |
23 | possess a master's degree in speech-language pathology or its |
24 | equivalent from an accredited academic institution. In |
25 | addition, the applicant must have at least one year of |
26 | supervised professional experience in the field of speech- |
27 | language pathology. |
28 | (2) For the license in audiology, possess a master's |
29 | degree or doctoral degree in audiology [or its equivalent] |
30 | from an [accredited academic institution. In addition, the |
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1 | applicant] academic program accredited by an accrediting |
2 | agency approved by the board and the United States Department |
3 | of Education or the Council for Higher Education |
4 | Accreditation under standards pursuant to this act. Master's |
5 | degree applicants must have at least [one year] nine months |
6 | of supervised professional experience in the field of |
7 | audiology. Beginning January 1, 2014, all new applicants must |
8 | possess a doctoral degree in audiology as determined by the |
9 | board. |
10 | [(3) For licensure as a teacher of the hearing impaired, |
11 | possess a master's degree in education of the hearing |
12 | impaired or its equivalent from an accredited academic |
13 | institution. In addition, the applicant must have at least |
14 | one year of supervised professional experience in the field |
15 | of teaching the hearing impaired.] |
16 | (b) Waivers.--The board may waive the examination and |
17 | educational requirements for any of the following: |
18 | (1) Applicants who present proof of [current |
19 | certification or licensure] a currently valid license to |
20 | practice speech-language pathology or audiology in a state |
21 | which has standards determined by the board to be at least |
22 | equal to those for licensure in this Commonwealth. |
23 | (2) Applicants who hold a currently valid and |
24 | appropriate Certificate of Clinical Competence from the |
25 | Council [of Professional Standards] for Clinical |
26 | Certification of the American [Speech-Language and Hearing] |
27 | Speech-Language-Hearing Association or certification from a |
28 | national credentialing organization that is recognized by the |
29 | board from standards pursuant to this act. Notice of |
30 | standards shall be published in the Pennsylvania Bulletin. |
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1 | [(3) Applicants who hold a currently valid professional |
2 | certificate issued by the Council on Education of the Deaf in |
3 | compliance with its standards for the certification of |
4 | teachers of the hearing impaired and who have completed an |
5 | additional ten graduate academic credits established by the |
6 | board to be appropriate for licensure as a teacher of the |
7 | hearing impaired.] |
8 | (c) Requirements for current practitioners.--The board shall |
9 | waive the examination and educational requirements for any |
10 | applicant who, on the effective date of this act: |
11 | (1) has at least a [bachelor's] master's degree with a |
12 | major in speech-language pathology[,] or audiology [or |
13 | teaching the hearing impaired] from an accredited college or |
14 | university, and who has been employed as a speech-language |
15 | pathologist[,] or audiologist [or teacher of the hearing |
16 | impaired] for at least nine consecutive months within three |
17 | years prior to the effective date of this act; and |
18 | (2) files an application with the board providing bona |
19 | fide proof of the degree and employment together with the |
20 | application fee prescribed in section 8. |
21 | (d) Provisional licenses.-- |
22 | (1) The board may, in accordance with the provisions of |
23 | this section, issue a provisional license in speech-language |
24 | pathology or audiology to applicants who have met all of the |
25 | requirements for licensure under this act except for the |
26 | completion of the clinical fellowship necessary to receive |
27 | either the Certificate of Clinical Competence from the |
28 | Council For Clinical Certification of the American Speech- |
29 | Language-Hearing Association or certification from another |
30 | national credentialing organization as recognized by the |
|
1 | board pursuant to section 7(b)(2). In order to receive the |
2 | license, the applicant must submit an application for the |
3 | provisional license to the board on a form prescribed by the |
4 | board. The form must indicate the applicant's plans for |
5 | completing the clinical fellowship and must be accompanied by |
6 | an application fee determined by the board. A provisional |
7 | license issued under this section shall be valid for a |
8 | maximum of 18 months and may be renewed one time. The purpose |
9 | of the provisional license is solely to allow individuals to |
10 | practice speech-language pathology or audiology under |
11 | appropriate supervision while completing the postgraduate |
12 | professional experience required for certification under |
13 | section 7(b)(2). A person holding a provisional license is |
14 | authorized to practice speech-language pathology or audiology |
15 | only while working under the supervision of a person fully |
16 | licensed in this Commonwealth in accordance with this act. |
17 | (2) Any person who is qualified by education, training |
18 | and clinical experience by completing all educational |
19 | requirements, including the externship of an Au.D. Program |
20 | may hold a provisional license, provided that the provisional |
21 | license shall only be valid for six months from the time of |
22 | application for the permanent license. |
23 | (3) A person holding a valid license in another state to |
24 | practice speech-language pathology or audiology and who has |
25 | applied for a license in this Commonwealth under the |
26 | provisions of this act may practice speech-language pathology |
27 | or audiology while working under the supervision of a person |
28 | fully licensed in this Commonwealth for not more than 90 days |
29 | while awaiting approval of the license application. |
30 | Section 8. Application and fees. |
|
1 | (a) Fee.--An application for [examination and] license shall |
2 | be accompanied by a nonrefundable application [and examination] |
3 | fee in an amount established by the board by regulation and |
4 | shall be subject to review in accordance with the act of June |
5 | 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. |
6 | If the revenues generated by fees, fines and civil penalties |
7 | imposed in accordance with the provisions of this act are not |
8 | sufficient to match expenditures over a two-year period, the |
9 | board shall increase those fees by regulation, subject to review |
10 | in accordance with the Regulatory Review Act, such that the |
11 | projected revenues will meet or exceed projected expenditures. |
12 | If the Bureau of Professional and Occupational Affairs |
13 | determines that fees established by the board are inadequate to |
14 | meet the minimum enforcement efforts required, then the bureau, |
15 | after consultation with the board, shall increase the fees by |
16 | regulation, subject to review in accordance with the Regulatory |
17 | Review Act, such that adequate revenues are raised to meet the |
18 | required enforcement effort. |
19 | (b) Affidavit.--Each application shall be accompanied by an |
20 | affidavit or affirmation of the applicant as to its verity. Any |
21 | applicant who knowingly or willfully makes a false statement in |
22 | his application shall be subject to prosecution for perjury. |
23 | (c) Examinations.--The board shall offer at least two |
24 | examinations for licensure each year. Notice of examinations |
25 | shall be given at least 60 days prior to their administration. |
26 | (d) Record of examination scores.--The board shall maintain |
27 | a permanent record of all examination scores. |
28 | (e) Disposition and use of fees.--Fees shall be collected by |
29 | the board through the Bureau of Professional and Occupational |
30 | Affairs and shall be paid into the Professional Licensure |
|
1 | Augmentation Account established pursuant to and for use in |
2 | accordance with the act of July 1, 1978 (P.L.700, No.124), known |
3 | as the Bureau of Professional and Occupational Affairs Fee Act. |
4 | Section 4. Section 9 of the act is repealed: |
5 | [Section 9. Examinations. |
6 | (a) Preparation of examinations.--All written examinations |
7 | shall be prepared and administered by a qualified professional |
8 | testing organization under contract with the Bureau of |
9 | Professional and Occupational Affairs and approved by the board, |
10 | except that national uniform examinations or grading services or |
11 | both shall be used if available. No board member shall have a |
12 | financial interest in a professional testing organization. This |
13 | section shall not apply to any oral, practical or other |
14 | nonwritten examination which may be required by the board. |
15 | (b) Cost of examinations.--The purpose of the examination |
16 | fee which is to be established in accordance with section 8(a) |
17 | is to insure that the applicant's fees cover the entire cost of |
18 | the examination and administration. Cost is all contractual |
19 | charges relating to the preparing, administering, grading and |
20 | recording of the examination.] |
21 | Section 5. Section 10 of the act is amended by adding a |
22 | paragraph to read: |
23 | Section 10. Refusal to issue; revocation; etc. |
24 | The board may refuse to issue and may suspend or revoke a |
25 | license of any person or applicant by a vote of at least a |
26 | majority of the members of the board for any of the following |
27 | reasons: |
28 | * * * |
29 | (7) The speech-language pathologist or audiologist is |
30 | unable to practice his profession with reasonable skill and |
|
1 | safety because of illness, drunkenness, excessive use of |
2 | controlled substances, chemicals or other types of materials |
3 | or as the result of a mental or physical condition. In |
4 | enforcing this paragraph, the board shall, upon probable |
5 | cause, have the authority to compel a licensee to submit to a |
6 | mental or physical examination as designated by the board. |
7 | After notice, hearing, adjudication and appeal as provided |
8 | for in section 11, failure of a licensee to submit to such |
9 | examination when directed shall constitute an admission of |
10 | the allegations against him unless failure is due to |
11 | circumstances beyond his control, consequent upon which a |
12 | default and final order may be entered without the taking of |
13 | testimony or presentation of evidence. A licensee affected |
14 | under this paragraph shall at reasonable intervals be |
15 | afforded an opportunity to demonstrate that he or she can |
16 | resume a competent practice of speech-language pathology or |
17 | audiology with reasonable skill and safety to patients. |
18 | Section 6. Sections 12, 13, 14 and 16 of the act are amended |
19 | to read: |
20 | Section 12. Requirement of a medical examination. |
21 | [(a) Medical examination.--Before an audiologist initiates |
22 | aural rehabilitation for an individual, there shall be a medical |
23 | examination verifying that there are no diseases of the ear |
24 | requiring medical or surgical treatment. |
25 | (b) Waiver.--This section does not apply if an individual |
26 | signs a written waiver as set forth in this section. The waiver |
27 | must be read and explained in such a manner that the individual |
28 | will be thoroughly aware of the consequences of signing the |
29 | waiver. The waiver form shall read as follows: |
30 | I have been advised by (audiologist's name) that the |
|
1 | Commonwealth of Pennsylvania has determined that my best health |
2 | interest would be served if I had a medical examination by a |
3 | licensed physician before the initiation of aural |
4 | rehabilitation. I do not wish a medical examination before the |
5 | initiation of aural rehabilitation. |
6 | ______________________________ |
7 | Signature Date] |
8 | A speech-language pathologist or audiologist shall refer |
9 | patients who present with suspected medical conditions which may |
10 | require surgery or other medical services beyond the scopes of |
11 | practice under this act for medical evaluation. |
12 | Section 13. Renewal fees; records. |
13 | Renewal of licenses shall be on a biennial basis. The fee for |
14 | renewal of a license shall be as determined by the board in |
15 | accordance with section 8(a). A record of all speech-language |
16 | pathologists[,] and audiologists [and teachers of the hearing |
17 | impaired] licensed to practice in this Commonwealth shall be |
18 | maintained in the office of the board and published at the |
19 | discretion of the board. The board shall suspend any license for |
20 | nonpayment of fees until the license is renewed properly. |
21 | Section 14. [Limitation of renewal time; new license] Continued |
22 | competency. |
23 | [Any person who fails to renew his license within five years |
24 | after the date of its expiration may not renew it, and it may |
25 | not be restored, reissued or reinstated thereafter, but the |
26 | person may apply for and obtain a new license if he meets the |
27 | requirements of this act] A renewal of a license shall not be |
28 | granted more than five years after its expiration. A license |
29 | shall be renewed after the five-year period only after a |
30 | licensee has assured continued competency to practice speech- |
|
1 | language pathology or audiology in accordance with regulations |
2 | established by the board. |
3 | Section 16. Certification to the board. |
4 | Every organization or corporation which engages in the |
5 | practice of speech-language pathology[,] or audiology [or |
6 | teaching of the hearing impaired] by the employment of |
7 | individuals licensed under the provisions of this act shall file |
8 | with the board, on a form approved by the board, a certification |
9 | that it submits itself to the rules and regulations of the board |
10 | and the provisions of this act which the board shall consider |
11 | applicable to it. |
12 | Section 7. The act is amended by adding a section to read: |
13 | Section 16.1. Title. |
14 | A licensed audiologist who holds a doctoral degree in |
15 | audiology or a related field may use the title "Doctor" or "Dr." |
16 | on written materials only if the earned doctoral designation |
17 | abbreviation accompanies the licensee's name. A licensee who is |
18 | not also licensed to practice medicine or osteopathy in this |
19 | Commonwealth may not attach to his name or use as a title the |
20 | words or abbreviations "Doctor" or "Dr." in contravention of |
21 | this section, "M.D.," "physician," "surgeon," "D.O." or any word |
22 | or abbreviation that suggests that the licensee practices |
23 | medicine or osteopathy. |
24 | Section 8. Section 17 of the act is amended to read: |
25 | Section 17. Enforcement of certification to board. |
26 | No license or renewal of license shall be issued by the board |
27 | to any individual engaging in the practice of speech-language |
28 | pathology[,] or audiology [or teaching of the hearing impaired] |
29 | with a corporation, partnership, trust, association, company or |
30 | other similar forms of organization which have failed to comply |
|
1 | with section 16. |
2 | Section 9. Section 17.1(f)(2) of the act, added October 18, |
3 | 2000 (P.L.536, No.71), is amended to read: |
4 | Section 17.1. Impaired professionals. |
5 | * * * |
6 | (f) Mandatory reporting to board.-- |
7 | * * * |
8 | (2) Any person or facility who acts in a treatment |
9 | capacity to an impaired speech-language pathologist[,] or |
10 | audiologist [or as a teacher of the hearing impaired] in an |
11 | approved treatment program shall be exempt from the mandatory |
12 | reporting requirements of this subsection. Any person or |
13 | facility who reports under this subsection in good faith and |
14 | without malice shall be immune from any civil or criminal |
15 | liability arising from the report. |
16 | * * * |
17 | Section 10. Sections 18 and 19 of the act are amended to |
18 | read: |
19 | Section 18. Penalties. |
20 | (a) Whoever violates any provision of this act is guilty of |
21 | a misdemeanor, shall be prosecuted by the board or its agents |
22 | and, upon conviction, shall be sentenced to imprisonment for not |
23 | more than six months or to pay a fine of not less than $100 nor |
24 | more than $1,000, or both. Each violation shall be deemed a |
25 | separate offense. Fines collected under the provisions of this |
26 | act shall be paid into the State Treasury for the use of the |
27 | Commonwealth. |
28 | (b) In addition to any other civil remedy or criminal |
29 | penalty provided for in this act, the board, by a vote of the |
30 | majority of the maximum number of the authorized membership of |
|
1 | the board as provided by law, may levy a civil penalty of up to |
2 | $10,000 on any current licensee who violates any provision of |
3 | this act, or on any person who practices as a speech-language |
4 | pathologist or audiologist or holds himself forth as a speech- |
5 | language pathologist or audiologist without being properly |
6 | licensed to do so under this act. The board shall levy this |
7 | penalty only after affording the accused party the opportunity |
8 | for a hearing as provided in 2 Pa.C.S. (relating to |
9 | administrative law and procedure). |
10 | Section 19. Injunction against unlawful practice. |
11 | [After 12 months from the effective date of this act, it] It |
12 | shall be unlawful for any person to practice or attempt to offer |
13 | to practice audiology[,] or speech-language pathology [or |
14 | teaching the hearing impaired] without holding a valid unrevoked |
15 | and unsuspended license issued under this act. The unlawful |
16 | practice of audiology[,] or speech-language pathology [or |
17 | teaching the hearing impaired] may be enjoined by the courts on |
18 | petition of the board or its agents. In any proceeding it shall |
19 | not be necessary to show that any person is individually injured |
20 | by the complained of actions. If the respondent is found guilty |
21 | of the unlawful practice, the court shall enjoin him from |
22 | practicing until he has been duly licensed. Procedure in these |
23 | cases shall be the same as in any other injunction suit. The |
24 | remedy by injunction is in addition to criminal prosecution and |
25 | punishment. |
26 | Section 11. Section 20 of the act is repealed: |
27 | [Section 20. Appropriation. |
28 | The sum of $75,000, or as much thereof as may be necessary, |
29 | is hereby appropriated from the Professional Licensure |
30 | Augmentation Account within the General Fund to the Bureau of |
|
1 | Professional and Occupational Affairs in the Department of State |
2 | for the establishment and operation of the State Board of |
3 | Examiners in Speech-Language and Hearing. The appropriation |
4 | granted shall be repaid by the board within three years of the |
5 | beginning of issuance of licenses by the board.] |
6 | Section 12. This act shall take effect in 60 days. |
|