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| PRIOR PRINTER'S NO. 1852 | PRINTER'S NO. 2088 |
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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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| SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, AS AMENDED, APRIL 3, 2012 |
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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 nonmedical diagnosis and | <-- |
18 | treatment of hearing and vestibular disorders through the |
19 | administration of behavioral, psychoacoustic, |
20 | electrophysiologic tests of the peripheral and central |
21 | auditory and vestibular systems using standardized test |
22 | procedures, including, but not limited to, audiometry, |
23 | tympanometry, acoustic reflex measures, otoacoustic |
24 | emissions, auditory evoked potentials, video and |
25 | electronystagmography and tests of central auditory function |
26 | using calibrated instrumentation leading to the diagnosis of |
27 | auditory and vestibular dysfunction abnormality; | <-- |
28 | (5) assessment of candidacy of persons with hearing loss |
29 | for cochlear implants; |
30 | (6) nonmedical treatment for persons with impairment of | <-- |
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1 | auditory function utilizing amplification and other assistive |
2 | devices; |
3 | (7) selection, fitting, evaluation and dispensing of |
4 | hearing aids and other amplification systems; |
5 | (8) fitting and mapping of cochlear implant devices and |
6 | audiologic rehabilitation to optimize device use; |
7 | (9) fitting of middle ear implantable hearing aids, |
8 | fully implantable hearing aids and bone-anchored hearing |
9 | aids; |
10 | (10) conducting otoscopic examinations and removing | <-- |
11 | cerumen; |
12 | (11) nonmedical treatment of persons with tinnitus using | <-- |
13 | techniques including biofeedback, masking, hearing aids, |
14 | education and counseling; |
15 | (12) counseling on the psychosocial aspects of hearing |
16 | loss and the use of amplification systems; |
17 | (13) administration of electrophysiologic measures of |
18 | neural function, including, but not limited to, sensory and |
19 | motor-evoked potentials, tests of nerve conduction velocity | <-- |
20 | and electromyography, plus preoperative and postoperative |
21 | evaluation of neural function, neurophysiologic |
22 | intraoperative monitoring of the central nervous system, |
23 | spinal cord and cranial nerve function; and |
24 | (14) referral of persons with auditory and vestibular |
25 | dysfunction abnormalities to an appropriate physician for | <-- |
26 | medical evaluation when indicated based upon the |
27 | interpretation of the audiologic and vestibular test results. |
28 | "Speech-language pathologist." Any person who is qualified |
29 | by training and experience to engage in the practice of the |
30 | evaluation, counseling, habilitation and rehabilitation of |
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1 | individuals whose communicative disorders involve the function |
2 | of speech, voice or language. A person is deemed to be or to |
3 | hold himself out as being a speech-language pathologist if he |
4 | offers such services under any title incorporating the words |
5 | speech-language pathologist, speech consultant, speech |
6 | therapist, speech correctionist, speech clinician, speech |
7 | specialist, language pathologist, logopedist, communication |
8 | therapist, voice therapist, aphasia therapist, aphasiologist, |
9 | communicologist, or any similar title or description of service. |
10 | ["Teacher of the hearing impaired." Any person who is | <-- |
11 | qualified by training and experience to engage in the practice |
12 | of providing evaluation and instruction in curriculum-based |
13 | material and communication skills appropriate for individuals |
14 | whose cognitive and educational development have been affected |
15 | primarily by impaired hearing sensitivity. A person is deemed to |
16 | be or to hold himself out as being a teacher of the hearing |
17 | impaired if he offers such services under any title |
18 | incorporating the words teacher of the hearing impaired, teacher |
19 | of the acoustically handicapped, teacher of the deaf, teacher of |
20 | the acoustically impaired, hearing teacher, teacher of the |
21 | aurally handicapped, hearing tutor, tutor of the auditorily |
22 | impaired, educator of the deaf or any similar title or |
23 | description of service.] | <-- |
24 | Section 4. Creation of board; appointment and term of members; |
25 | officers. |
26 | [(a) Board created.--There is hereby created a departmental | <-- |
27 | administrative board to be known as the State Board of Examiners |
28 | in Speech-Language [and Hearing] Pathology and Audiology which | <-- |
29 | shall be in the Bureau of Professional and Occupational Affairs |
30 | of the Department of State. It shall consist of ten members, |
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1 | nine of whom shall be appointed by the Governor, by and with the |
2 | advice and consent of a majority of the members elected to the |
3 | Senate, who shall be residents of Pennsylvania for a three-year |
4 | period immediately prior to appointment. The Commissioner of |
5 | Professional and Occupational Affairs shall serve in his |
6 | official capacity as the tenth member of the board. At the first |
7 | meeting, the appointed members shall determine, by lot, three |
8 | members to serve three-year terms, three members to serve two- |
9 | year terms and three members to serve one-year terms, with the |
10 | exception of the commissioner. |
11 | (b) Vacancies.--When the term of each appointed member of |
12 | the board ends, the Governor shall appoint his successor for a |
13 | term of three years, by and with the advice and consent of a |
14 | majority of the members elected to the Senate. Any appointive |
15 | vacancy occurring on the board shall be filled by the Governor |
16 | by appointment for the unexpired term, by and with the advice |
17 | and consent of a majority of the members elected to the Senate. |
18 | Board members shall continue to serve until their successors are |
19 | appointed and qualified but not longer than six months beyond |
20 | the three-year period. |
21 | (c) Qualifications of board.--The board shall consist of the |
22 | Commissioner of the Bureau of Professional and Occupational |
23 | Affairs, one member who at the time of appointment is engaged in |
24 | rendering professional services in speech-language pathology, |
25 | one member who at the time of appointment is engaged in |
26 | rendering professional services in audiology, one member who at |
27 | the time of appointment is engaged in rendering professional |
28 | services as a teacher of the hearing impaired, two members at |
29 | large who are either speech-language pathologists, audiologists |
30 | or teachers of the hearing impaired, however, each profession |
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1 | shall not be represented by more than two board members, [two | <-- |
2 | members who are physicians] one member who is a physician | <-- |
3 | licensed to practice medicine in this Commonwealth[, at least | <-- |
4 | one of whom] who specializes in otolaryngology, and two members | <-- |
5 | of the public appointed by the Governor from nominations |
6 | submitted by the governing boards of groups advocating for the |
7 | welfare of the speech-language and hearing handicapped. Of the |
8 | initial members, the speech-language pathologists, audiologists |
9 | and teachers of the hearing impaired shall possess the necessary |
10 | qualifications for licensure under this act. Thereafter, the |
11 | members of the board who are speech-language pathologists, |
12 | audiologists and teachers of the hearing impaired shall be |
13 | licensed under this act. No public member appointed under the |
14 | provisions of this section shall be affiliated in any manner |
15 | with professions or occupations providing health or corrective |
16 | communications services or products to communicatively impaired |
17 | persons. The public members shall be qualified pursuant to law, |
18 | including section 813 of the act of April 9, 1929 (P.L.177, |
19 | No.175), known as The Administrative Code of 1929. In addition, |
20 | no member of the board shall at the same time be an officer or |
21 | agent of any Statewide association or organization representing |
22 | the professions or occupations under the jurisdiction of this |
23 | board. |
24 | (d) Reappointment.--A member of the board shall be eligible |
25 | for reappointment. A member shall not be appointed to serve more |
26 | than two consecutive terms. |
27 | (e) Compensation; expenses.--The members of the board, other |
28 | than the Commissioner of Professional and Occupational Affairs, |
29 | shall receive reimbursement for reasonable travel, hotel and |
30 | other necessary expenses and $60 per diem when actually engaged |
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1 | in the performance of their official duties. |
2 | (f) Meetings of board.--The board shall hold a meeting |
3 | within 150 days after the effective date of this act and |
4 | annually thereafter in the month prescribed by the board and |
5 | elect a chairman, vice chairman and secretary who shall be |
6 | members of the board. The board shall meet at such other times |
7 | as deemed necessary and advisable by the chairman or by a |
8 | majority of its members. Reasonable notice of all meetings shall |
9 | be given in the manner prescribed by the board. A majority of |
10 | the board shall constitute a quorum at any meeting or hearing.] | <-- |
11 | (a) Board created.--There is hereby created a departmental |
12 | administrative board to be known as the State Board of Examiners |
13 | in Speech-Language Pathology and Audiology which shall be in the |
14 | Bureau of Professional and Occupational Affairs of the |
15 | Department of State. The board shall consist of ten members, |
16 | nine of whom shall be appointed by the Governor, by and with the |
17 | advice and consent of a majority of the members elected to the |
18 | Senate, who shall be residents of Pennsylvania for a three-year |
19 | period immediately prior to their appointment. The Commissioner |
20 | of Professional and Occupational Affairs shall serve in his |
21 | official capacity as the tenth member of the board. |
22 | (b) Composition.--The board shall consist of three |
23 | audiologists who are currently practicing audiology, have had |
24 | five years' experience practicing audiology and who hold active |
25 | and valid licensure for the practice of audiology in this |
26 | Commonwealth, three speech-language pathologists who are |
27 | currently practicing speech-language pathology, have had five |
28 | years' experience practicing speech-language pathology and who |
29 | hold active and valid licensure for the practice of speech- |
30 | language pathology in this Commonwealth, one physician licensed |
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1 | to practice medicine in this Commonwealth, two representatives |
2 | of the public who are not associated with or financially |
3 | interested in the practice or business of audiology, of speech- |
4 | language pathology or of medicine and who are not members of |
5 | allied or related professions or occupations, and the |
6 | Commissioner of the Bureau of Professional and Occupational |
7 | Affairs. The public members shall be qualified pursuant to law, |
8 | including section 813 of the act of April 9, 1929 (P.L.177, |
9 | No.175), known as The Administrative Code of 1929. In addition, |
10 | no member of the board shall at the same time be an officer or |
11 | agent of any Statewide association or organization representing |
12 | the professions or occupations under the jurisdiction of the |
13 | board. |
14 | (c) Appointments.--Appointments of audiologists to the board |
15 | shall be made by the Governor from a list of qualified |
16 | audiologists submitted by the Pennsylvania Academy of Audiology |
17 | (PAA) and names submitted by other interested organizations or |
18 | persons in this Commonwealth. Appointments of speech-language |
19 | pathologists shall be made by the Governor from a list of |
20 | qualified speech-language pathologists submitted by the |
21 | Pennsylvania Speech-Language-Hearing Association (PSHA) and |
22 | names submitted by other interested organizations or persons in |
23 | this Commonwealth. No member of the board shall at the same time |
24 | serve in an elected, appointed or employed position in any |
25 | national, State or local-level organization representing |
26 | audiologists, speech-language pathologists or physicians, which |
27 | present or may present a conflict of interest. |
28 | (d) Terms.--Appointments to the board shall be for a period |
29 | of three years. Members shall serve until the expiration of the |
30 | term for which they have been appointed or until their |
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1 | successors have been appointed and are deemed to be qualified to |
2 | serve on the board. The Governor may remove any member of the |
3 | board for unprofessional conduct, incompetence or neglect of |
4 | duty. |
5 | (e) Vacancies.--When the term of each appointed member of |
6 | the board ends, the Governor shall appoint his successor for a |
7 | term of three years, by and with the advice and consent of a |
8 | majority of the members elected to the Senate. In the event of a |
9 | vacancy in the office of an appointed member of the board other |
10 | than by expiration of a term, the Governor shall appoint a |
11 | qualified person to fill the vacancy for the unexpired term, by |
12 | and with the advice and consent of a majority of the members |
13 | elected to the Senate. Board members shall continue to serve |
14 | until their successors are appointed and qualified but not |
15 | longer than six months beyond the three-year period. |
16 | (f) Reappointment.--A member of the board shall be eligible |
17 | for reappointment. No member may serve more than two consecutive |
18 | three-year terms. |
19 | (g) Compensation and expenses.--The members of the board, |
20 | other than the Commissioner of Professional and Occupational |
21 | Affairs, shall receive reimbursement for reasonable travel, |
22 | hotel and other necessary expenses and $100 per diem when |
23 | actually engaged in the performance of their official duties. |
24 | (h) Meetings of board.--The board shall hold a meeting |
25 | within 150 days after the effective date of this section and |
26 | annually thereafter in the month prescribed by the board to |
27 | elect a chairman, vice chairman and secretary who shall be |
28 | members of the board. The board shall meet at such other times |
29 | as deemed necessary and advisable by the chairman or by a |
30 | majority of its members. Reasonable notice of all meetings shall |
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1 | be given in the manner prescribed by the board. Six members of |
2 | the board shall constitute a quorum to do business, provided |
3 | that the majority of members present are audiologists and |
4 | speech-language pathologists, and that at least one audiologist, |
5 | one speech-language pathologist and one public representative |
6 | are present at any meeting or hearing. The board shall conduct |
7 | its meetings and keep records of its proceedings in accordance |
8 | with the provisions of 1 Pa. Code Pt. II (relating to general |
9 | rules of administrative practice and procedure). |
10 | (i) (g) Forfeiture.--A member of the board who fails to | <-- |
11 | attend three consecutive meetings shall forfeit his seat unless |
12 | the Commissioner of Professional and Occupational Affairs, upon |
13 | written request from the member, finds that the member should be |
14 | excused from a meeting because of illness or the death of an |
15 | immediate family member. |
16 | Section 2. Section 5 of the act, amended October 18, 2000 |
17 | (P.L.536, No.71), is amended to read: |
18 | Section 5. Powers and duties of board. |
19 | The board shall have the power and its duties shall be: |
20 | (1) To approve the qualifications and fitness of |
21 | applicants for licensure, and to adopt and revise rules and |
22 | regulations requiring applicants to pass examinations |
23 | relating to their qualifications as a prerequisite to the |
24 | issuance of a license. |
25 | (2) To adopt and revise rules and regulations consistent |
26 | with the law as may be necessary to implement the provisions |
27 | of this act. [These rules and regulations shall include, but |
28 | not be limited to, codes of ethics for speech-language |
29 | pathologists, audiologists and teachers of the hearing |
30 | impaired. The codes of ethics shall provide further that, |
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1 | whereas speech-language pathologists, audiologists and |
2 | teachers of the hearing impaired provide nonmedical and |
3 | nonsurgical services, medical diagnosis and medical treatment |
4 | by these persons are specifically to be considered unethical |
5 | and illegal.] |
6 | (3) To examine for, deny, approve, issue, revoke, |
7 | suspend or renew the licenses of speech-language |
8 | [pathologist, audiologist and teacher of the hearing impaired | <-- |
9 | applicants] pathologists and audiologists, and provisional | <-- |
10 | licenses for speech-language pathologists and audiologists. | <-- |
11 | (4) To conduct hearings upon complaints of violations of |
12 | this act and the rules and regulations adopted pursuant to |
13 | this act, and to prosecute and enjoin all such violations. |
14 | (5) To spend funds necessary for the proper performance |
15 | of its assigned duties in accordance with the fiscal and |
16 | other laws of this Commonwealth and upon approval by the |
17 | Commissioner of Professional and Occupational Affairs. |
18 | (6) To waive examination and educational requirements |
19 | and grant a license as provided in sections 6 and 7. |
20 | (7) To establish standards of eligibility for license |
21 | renewal. These standards shall include, but not be limited |
22 | to, the demonstration of satisfactory completion of 20 clock |
23 | hours of continuing education related to the practice of |
24 | speech-language pathology[,] and audiology [or teaching the | <-- |
25 | hearing impaired] in accordance with board regulations. No | <-- |
26 | credit may be given for courses in office management or |
27 | practice building. The board may waive all or part of the |
28 | continuing education requirement to a licensee who shows to |
29 | the satisfaction of the board that the licensee was unable to |
30 | complete the requirement due to illness, emergency or |
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1 | hardship. The request for a waiver must be made in writing, |
2 | with appropriate documentation, and must include a |
3 | description of the circumstances sufficient to show why a |
4 | licensee is unable to comply with the continuing education |
5 | requirement. Waiver requests shall be evaluated by the board |
6 | on a case-by-case basis. The board shall send the licensee |
7 | written notification of its approval or denial of a waiver |
8 | request. The requirement to demonstrate the satisfactory |
9 | completion of continuing education shall begin with the |
10 | biennial renewal period to be designated by regulation of the |
11 | board and following written notice to licensees. |
12 | (8) To promulgate rules and regulations regarding |
13 | persons functioning under the direction of audiologists[,] or | <-- |
14 | speech-language pathologists [and teachers of the hearing | <-- |
15 | impaired]. | <-- |
16 | (9) To recognize national professional organizations in |
17 | audiology that have established definitions of the practice |
18 | of audiology. These organizations shall be the same as those |
19 | recognized by the board under the provisions of section 7(b) |
20 | (2). The board shall have the power to adopt those |
21 | definitions to be the practical definitions of the practice |
22 | of audiology for licensees under the board. If one or more of |
23 | the recognized national professional organizations amends its |
24 | definition, the amended definition cannot be added to the |
25 | practice of audiology until it has been adopted by the board |
26 | through regulation. |
27 | (10) To recognize national accrediting agencies which |
28 | accredit programs of audiology as specified in section |
29 | 7(a)(2). |
30 | Section 3. Sections 6, 7 and 8 of the act are amended to |
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1 | read: |
2 | Section 6. License required; persons and practices not |
3 | affected; exclusions. |
4 | (a) Licenses.--[Except as provided in subsection (b), no |
5 | person may practice or hold himself out as being able to |
6 | practice as an audiologist, speech-language pathologist or |
7 | teacher of the hearing impaired in this Commonwealth unless he |
8 | holds a current, unsuspended, unrevoked license issued by the |
9 | board. Licensure shall be granted separately in speech-language |
10 | pathology, audiology and teaching of the hearing impaired.] |
11 | Except as provided in subsection (b), no person may practice or |
12 | hold himself out as being able to practice as an audiologist or | <-- |
13 | speech-language pathologist, or may engage in the practice of | <-- |
14 | speech-language pathology or the practice of audiology in this |
15 | Commonwealth unless he holds a current, unsuspended, unrevoked |
16 | license issued by the board. Licensure shall be granted |
17 | separately in speech-language pathology and audiology. | <-- |
18 | Terminology that approximates speech-language pathology or | <-- |
19 | audiology without a current, unsuspended, unrevoked license |
20 | issued by the board that may confuse the public or falsify the |
21 | credentials of the individual or company shall constitute a |
22 | 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 |
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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 a |
13 | person who is employed by the Commonwealth or the Federal |
14 | Government as a speech-language pathologist[,] or audiologist | <-- |
15 | [or teacher of the hearing impaired] from engaging in his | <-- |
16 | profession or occupation, if the person performs his services |
17 | solely within the scope of his employment, or a person |
18 | performing hearing testing under section 1402 of the act of |
19 | March 10, 1949 (P.L.30, No.14), known as the Public School |
20 | Code of 1949. |
21 | (3) The activities of a student or trainee who is |
22 | pursuing a program of study supervised by a person licensed |
23 | under this act or otherwise exempt by this section which lead |
24 | to a degree in audiology[, teaching the hearing impaired or | <-- |
25 | speech-language pathology at] from an accredited college or | <-- |
26 | university, if such individual is designated by a title |
27 | clearly indicating his student or training status. |
28 | (4) The practice of speech-language pathology[,] or | <-- |
29 | audiology [or teaching the hearing impaired] in this | <-- |
30 | Commonwealth by any person not a resident of this |
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1 | Commonwealth who is not licensed under this act if the person |
2 | meets the qualifications and requirements for licensure |
3 | described in section 7, or who is licensed under the law of |
4 | another state having licensure requirements determined by the |
5 | board to be at least equivalent to those established by |
6 | section 7, and if the services are performed for no more than |
7 | five days in any calendar year in cooperation with a speech- |
8 | language pathologist[,] or audiologist [or teacher of the | <-- |
9 | hearing impaired] licensed under this act. | <-- |
10 | (5) A corporation, partnership, trust, association, |
11 | company or other similar form of organization from engaging |
12 | in the practice of speech-language pathology[,] or audiology | <-- |
13 | [or teaching the hearing impaired] without a license if it | <-- |
14 | employs licensed individuals in the direct practice of |
15 | speech-language pathology[,] or audiology [or teaching the | <-- |
16 | hearing impaired] licensed under this act. | <-- |
17 | Section 7. Requirements for licensure. |
18 | (a) In general.--Except as provided in subsections (b) and |
19 | (c), to be eligible for licensure by the board as a speech- |
20 | language pathologist[,] or audiologist [or teacher of the | <-- |
21 | hearing impaired], an applicant shall pay a fee as established | <-- |
22 | by the board in accordance with section 8(a), be of good moral |
23 | character to the satisfaction of the board, pass an examination |
24 | and: |
25 | (1) For the license in speech-language pathology, |
26 | possess a master's degree in speech-language pathology or its |
27 | equivalent from an accredited academic institution. In |
28 | addition, the applicant must have at least one year of |
29 | supervised professional experience in the field of speech- |
30 | language pathology. |
|
1 | (2) For the license in audiology, possess a master's |
2 | degree or doctoral degree in audiology [or its equivalent] |
3 | from an [accredited academic institution. In addition, the |
4 | applicant] academic program accredited by an accrediting |
5 | agency approved by the board and the United States Department |
6 | of Education or the Council for Higher Education |
7 | Accreditation under standards pursuant to this act. Master's |
8 | degree applicants must have at least [one year] nine months |
9 | of supervised professional experience in the field of |
10 | audiology. Beginning January 1, 2014, all new applicants must |
11 | possess a doctoral degree in audiology as determined by the |
12 | board. |
13 | [(3) For licensure as a teacher of the hearing impaired, | <-- |
14 | possess a master's degree in education of the hearing |
15 | impaired or its equivalent from an accredited academic |
16 | institution. In addition, the applicant must have at least |
17 | one year of supervised professional experience in the field |
18 | of teaching the hearing impaired.] | <-- |
19 | (b) Waivers.--The board may waive the examination and |
20 | educational requirements for any of the following: |
21 | (1) Applicants who present proof of [current |
22 | certification or licensure] a currently valid license to |
23 | practice speech-language pathology or audiology in a state | <-- |
24 | which has standards determined by the board to be at least |
25 | equal to those for licensure in this Commonwealth. |
26 | (2) Applicants who hold a currently valid and |
27 | appropriate Certificate of Clinical Competence from the |
28 | Council [of Professional Standards] for Clinical |
29 | Certification of the American [Speech-Language and Hearing] |
30 | Speech-Language-Hearing Association or certification from a |
|
1 | national credentialing organization that is recognized by the |
2 | board from standards pursuant to this act. Notice of |
3 | standards shall be published in the Pennsylvania Bulletin. |
4 | [(3) Applicants who hold a currently valid professional | <-- |
5 | certificate issued by the Council on Education of the Deaf in |
6 | compliance with its standards for the certification of |
7 | teachers of the hearing impaired and who have completed an |
8 | additional ten graduate academic credits established by the |
9 | board to be appropriate for licensure as a teacher of the |
10 | hearing impaired.] | <-- |
11 | (c) Requirements for current practitioners.--The board shall |
12 | waive the examination and educational requirements for any |
13 | applicant who, on the effective date of this act: |
14 | (1) has at least a [bachelor's] master's degree with a | <-- |
15 | major in speech-language pathology[,] or audiology [or | <-- |
16 | teaching the hearing impaired] from an accredited college or | <-- |
17 | university, and who has been employed as a speech-language |
18 | pathologist[,] or audiologist [or teacher of the hearing | <-- |
19 | impaired] for at least nine consecutive months within three | <-- |
20 | years prior to the effective date of this act; and |
21 | (2) files an application with the board providing bona |
22 | fide proof of the degree and employment together with the |
23 | application fee prescribed in section 8. |
24 | (d) Provisional licenses.-- |
25 | (1) The board may, in accordance with the provisions of |
26 | this section, issue a provisional license in speech-language | <-- |
27 | pathology or audiology to applicants who have met all of the |
28 | requirements for licensure under this act except for the |
29 | completion of the clinical fellowship necessary to receive |
30 | either the Certificate of Clinical Competence from the |
|
1 | Council For Clinical Certification of the American Speech- |
2 | Language-Hearing Association or certification from another |
3 | national credentialing organization as recognized by the |
4 | board pursuant to section 7(b)(2). In order to receive the |
5 | license, the applicant must submit an application for the |
6 | provisional license to the board on a form prescribed by the |
7 | board. The form must indicate the applicant's plans for |
8 | completing the clinical fellowship and must be accompanied by |
9 | an application fee determined by the board. A provisional |
10 | license issued under this section shall be valid for a |
11 | maximum of 18 months and may be renewed one time. The purpose |
12 | of the provisional license is solely to allow individuals to |
13 | practice speech-language pathology or audiology under | <-- |
14 | appropriate supervision while completing the postgraduate |
15 | professional experience required for certification under |
16 | section 7(b)(2). A person holding a provisional license is |
17 | authorized to practice speech-language pathology or audiology | <-- |
18 | only while working under the supervision of a person fully |
19 | licensed in this Commonwealth in accordance with this act. |
20 | (2) Any person who is qualified by education, training |
21 | and clinical experience by completing all educational |
22 | requirements, including the externship of an Au.D. Program |
23 | may hold a provisional license, provided that the provisional |
24 | license shall only be valid for six months from the time of |
25 | application for the permanent license. |
26 | (3) A person holding a valid license in another state to |
27 | practice speech-language pathology or audiology and who has | <-- |
28 | applied for a license in this Commonwealth under the |
29 | provisions of this act may practice speech-language pathology | <-- |
30 | or audiology while working under the supervision of a person |
|
1 | fully licensed in this Commonwealth for not more than 90 days |
2 | while awaiting approval of the license application. |
3 | Section 8. Application and fees. |
4 | (a) Fee.--An application for [examination and] license shall |
5 | be accompanied by a nonrefundable application [and examination] |
6 | fee in an amount established by the board by regulation and |
7 | shall be subject to review in accordance with the act of June |
8 | 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. |
9 | If the revenues generated by fees, fines and civil penalties |
10 | imposed in accordance with the provisions of this act are not |
11 | sufficient to match expenditures over a two-year period, the |
12 | board shall increase those fees by regulation, subject to review |
13 | in accordance with the Regulatory Review Act, such that the |
14 | projected revenues will meet or exceed projected expenditures. |
15 | If the Bureau of Professional and Occupational Affairs |
16 | determines that fees established by the board are inadequate to |
17 | meet the minimum enforcement efforts required, then the bureau, |
18 | after consultation with the board, shall increase the fees by |
19 | regulation, subject to review in accordance with the Regulatory |
20 | Review Act, such that adequate revenues are raised to meet the |
21 | required enforcement effort. |
22 | (b) Affidavit.--Each application shall be accompanied by an |
23 | affidavit or affirmation of the applicant as to its verity. Any |
24 | applicant who knowingly or willfully makes a false statement in |
25 | his application shall be subject to prosecution for perjury. |
26 | (c) Examinations.--The board shall offer at least two |
27 | examinations for licensure each year. Notice of examinations |
28 | shall be given at least 60 days prior to their administration. |
29 | (d) Record of examination scores.--The board shall maintain |
30 | a permanent record of all examination scores. |
|
1 | (e) Disposition and use of fees.--Fees shall be collected by |
2 | the board through the Bureau of Professional and Occupational |
3 | Affairs and shall be paid into the Professional Licensure |
4 | Augmentation Account established pursuant to and for use in |
5 | accordance with the act of July 1, 1978 (P.L.700, No.124), known |
6 | as the Bureau of Professional and Occupational Affairs Fee Act. |
7 | Section 4. Section 9 of the act is repealed: |
8 | [Section 9. Examinations. |
9 | (a) Preparation of examinations.--All written examinations |
10 | shall be prepared and administered by a qualified professional |
11 | testing organization under contract with the Bureau of |
12 | Professional and Occupational Affairs and approved by the board, |
13 | except that national uniform examinations or grading services or |
14 | both shall be used if available. No board member shall have a |
15 | financial interest in a professional testing organization. This |
16 | section shall not apply to any oral, practical or other |
17 | nonwritten examination which may be required by the board. |
18 | (b) Cost of examinations.--The purpose of the examination |
19 | fee which is to be established in accordance with section 8(a) |
20 | is to insure that the applicant's fees cover the entire cost of |
21 | the examination and administration. Cost is all contractual |
22 | charges relating to the preparing, administering, grading and |
23 | recording of the examination.] |
24 | Section 5. Section 10 of the act is amended by adding a |
25 | paragraph to read: |
26 | Section 10. Refusal to issue; revocation; etc. |
27 | The board may refuse to issue and may suspend or revoke a |
28 | license of any person or applicant by a vote of at least a |
29 | majority of the members of the board for any of the following |
30 | reasons: |
|
1 | * * * |
2 | (7) The speech-language pathologist or audiologist is | <-- |
3 | unable to practice his profession with reasonable skill and |
4 | safety because of illness, drunkenness, excessive use of |
5 | controlled substances, chemicals or other types of materials |
6 | or as the result of a mental or physical condition. In |
7 | enforcing this paragraph, the board shall, upon probable |
8 | cause, have the authority to compel a licensee to submit to a |
9 | mental or physical examination as designated by the board. |
10 | After notice, hearing, adjudication and appeal as provided |
11 | for in section 11, failure of a licensee to submit to such |
12 | examination when directed shall constitute an admission of |
13 | the allegations against him unless failure is due to |
14 | circumstances beyond his control, consequent upon which a |
15 | default and final order may be entered without the taking of |
16 | testimony or presentation of evidence. A licensee affected |
17 | under this paragraph shall at reasonable intervals be |
18 | afforded an opportunity to demonstrate that he or she can |
19 | resume a competent practice of speech-language pathology or | <-- |
20 | audiology with reasonable skill and safety to patients. |
21 | Section 6. Sections 12, 13, and 14 and 16 of the act are | <-- |
22 | amended to read: |
23 | Section 12. Requirement of a medical examination. |
24 | [(a) Medical examination.--Before an audiologist initiates |
25 | aural rehabilitation for an individual, there shall be a medical |
26 | examination verifying that there are no diseases of the ear |
27 | requiring medical or surgical treatment. |
28 | (b) Waiver.--This section does not apply if an individual |
29 | signs a written waiver as set forth in this section. The waiver |
30 | must be read and explained in such a manner that the individual |
|
1 | will be thoroughly aware of the consequences of signing the |
2 | waiver. The waiver form shall read as follows: |
3 | I have been advised by (audiologist's name) that the |
4 | Commonwealth of Pennsylvania has determined that my best health |
5 | interest would be served if I had a medical examination by a |
6 | licensed physician before the initiation of aural |
7 | rehabilitation. I do not wish a medical examination before the |
8 | initiation of aural rehabilitation. |
9 | ______________________________ |
10 | Signature Date] |
11 | A speech-language pathologist or An audiologist shall refer | <-- |
12 | patients who present with suspected medical conditions which may | <-- |
13 | require surgery or other medical services beyond the scopes | <-- |
14 | scope of practice under this act for medical evaluation to an | <-- |
15 | appropriate physician within 30 days. |
16 | Section 13. Renewal fees; records. | <-- |
17 | Renewal of licenses shall be on a biennial basis. The fee for |
18 | renewal of a license shall be as determined by the board in |
19 | accordance with section 8(a). A record of all speech-language |
20 | pathologists[,] and audiologists [and teachers of the hearing |
21 | impaired] licensed to practice in this Commonwealth shall be |
22 | maintained in the office of the board and published at the |
23 | discretion of the board. The board shall suspend any license for |
24 | nonpayment of fees until the license is renewed properly. |
25 | Section 14. [Limitation of renewal time; new license] Continued |
26 | competency. |
27 | [Any person who fails to renew his license within five years |
28 | after the date of its expiration may not renew it, and it may |
29 | not be restored, reissued or reinstated thereafter, but the |
30 | person may apply for and obtain a new license if he meets the |
|
1 | requirements of this act] A renewal of a license shall not be |
2 | granted more than five years after its expiration. A license |
3 | shall be renewed after the five-year period only after a |
4 | licensee has assured continued competency to practice speech- | <-- |
5 | language pathology or audiology in accordance with regulations |
6 | established by the board. |
7 | Section 16. Certification to the board. | <-- |
8 | Every organization or corporation which engages in the |
9 | practice of speech-language pathology[,] or audiology [or |
10 | teaching of the hearing impaired] by the employment of |
11 | individuals licensed under the provisions of this act shall file |
12 | with the board, on a form approved by the board, a certification |
13 | that it submits itself to the rules and regulations of the board |
14 | and the provisions of this act which the board shall consider |
15 | applicable to it. |
16 | Section 7. The act is amended by adding a section to read: |
17 | Section 16.1. Title. |
18 | A licensed audiologist who holds a doctoral degree in |
19 | audiology or a related field may use the title "Doctor" or "Dr." |
20 | on written materials only if the earned doctoral designation |
21 | abbreviation accompanies the licensee's name. A licensee who is |
22 | not also licensed to practice medicine or osteopathy in this |
23 | Commonwealth may not attach to his name or use as a title the |
24 | words or abbreviations "Doctor" or "Dr." in contravention of |
25 | this section, "M.D.," "physician," "surgeon," "D.O." or any word |
26 | or abbreviation that suggests that the licensee practices |
27 | medicine or osteopathy. |
28 | Section 8. Section 17 of the act is amended to read: | <-- |
29 | Section 17. Enforcement of certification to board. |
30 | No license or renewal of license shall be issued by the board |
|
1 | to any individual engaging in the practice of speech-language |
2 | pathology[,] or audiology [or teaching of the hearing impaired] |
3 | with a corporation, partnership, trust, association, company or |
4 | other similar forms of organization which have failed to comply |
5 | with section 16. |
6 | Section 9. Section 17.1(f)(2) of the act, added October 18, |
7 | 2000 (P.L.536, No.71), is amended to read: |
8 | Section 17.1. Impaired professionals. |
9 | * * * |
10 | (f) Mandatory reporting to board.-- |
11 | * * * |
12 | (2) Any person or facility who acts in a treatment |
13 | capacity to an impaired speech-language pathologist[,] or |
14 | audiologist [or as a teacher of the hearing impaired] in an |
15 | approved treatment program shall be exempt from the mandatory |
16 | reporting requirements of this subsection. Any person or |
17 | facility who reports under this subsection in good faith and |
18 | without malice shall be immune from any civil or criminal |
19 | liability arising from the report. |
20 | * * * |
21 | Section 10 8. Sections 18 and 19 of the act are amended to | <-- |
22 | read: |
23 | Section 18. Penalties. |
24 | (a) Whoever violates any provision of this act is guilty of |
25 | a misdemeanor, shall be prosecuted by the board or its agents |
26 | and, upon conviction, shall be sentenced to imprisonment for not |
27 | more than six months or to pay a fine of not less than $100 nor |
28 | more than $1,000, or both. Each violation shall be deemed a |
29 | separate offense. Fines collected under the provisions of this |
30 | act shall be paid into the State Treasury for the use of the |
|
1 | Commonwealth. |
2 | (b) In addition to any other civil remedy or criminal |
3 | penalty provided for in this act, the board, by a vote of the |
4 | majority of the maximum number of the authorized membership of |
5 | the board as provided by law, may levy a civil penalty of up to |
6 | $10,000 on any current licensee who violates any provision of |
7 | this act, or on any person who practices as a speech-language |
8 | pathologist or audiologist or holds himself forth as a speech- |
9 | language pathologist or audiologist without being properly |
10 | licensed to do so under this act. The board shall levy this |
11 | penalty only after affording the accused party the opportunity |
12 | for a hearing as provided in 2 Pa.C.S. (relating to |
13 | administrative law and procedure). |
14 | Section 19. Injunction against unlawful practice. |
15 | [After 12 months from the effective date of this act, it] It |
16 | shall be unlawful for any person to practice or attempt to offer |
17 | to practice audiology[,] or speech-language pathology [or |
18 | teaching the hearing impaired] without holding a valid unrevoked |
19 | and unsuspended license issued under this act. The unlawful |
20 | practice of audiology[,] or speech-language pathology [or |
21 | teaching the hearing impaired] may be enjoined by the courts on |
22 | petition of the board or its agents. In any proceeding it shall |
23 | not be necessary to show that any person is individually injured |
24 | by the complained of actions. If the respondent is found guilty |
25 | of the unlawful practice, the court shall enjoin him from |
26 | practicing until he has been duly licensed. Procedure in these |
27 | cases shall be the same as in any other injunction suit. The |
28 | remedy by injunction is in addition to criminal prosecution and |
29 | punishment. |
30 | Section 11 9. Section 20 of the act is repealed: | <-- |
|
1 | [Section 20. Appropriation. |
2 | The sum of $75,000, or as much thereof as may be necessary, |
3 | is hereby appropriated from the Professional Licensure |
4 | Augmentation Account within the General Fund to the Bureau of |
5 | Professional and Occupational Affairs in the Department of State |
6 | for the establishment and operation of the State Board of |
7 | Examiners in Speech-Language and Hearing. The appropriation |
8 | granted shall be repaid by the board within three years of the |
9 | beginning of issuance of licenses by the board.] |
10 | Section 12 10. This act shall take effect in 60 days. | <-- |
|