1Amending the act of December 21, 1984 (P.L.1253, No.238),
2entitled "An act regulating the practice of speech-language
3pathologists, audiologists and teachers of the hearing
4impaired; creating the State Board of Examiners in Speech-
5Language and Hearing with certain powers and duties; and
6prescribing penalties," further providing for title of act,
7for short title, for declaration of policy, for definitions,
8for creation of board, appointment and term of members and
9officers, for powers and duties of board, for license
10required and persons and practices not affected and
11exclusions, and for requirements for licensure <-and for 
12application and fees; providing for certification for 
13audiologists using intraoperative monitoring; further 
14providing <-for examinations, for refusal to issue and
15revocation, for requirement of a medical examination, for
16renewal fees and records, for limitation of renewal time and
17new license and for certification to the board; providing for
18use of title; and further providing for enforcement of
19certification to board, for impaired professionals, for
20penalties, for injunction against lawful practice and for

22The General Assembly of the Commonwealth of Pennsylvania
23hereby enacts as follows:

24Section 1. The title and sections 1, 2, 3 and 4 of the act
25of December 21, 1984 (P.L.1253, No.238), known as the Speech-
26Language and Hearing Licensure Act, are amended to read:

1An Act

2Regulating the practice of speech-language pathologists[,] and
3audiologists [and teachers of the hearing impaired]; creating
4the State Board of Examiners in Speech-Language [and Hearing]
5Pathology and Audiology with certain powers and duties; and
6prescribing penalties.

7Section 1. Short title.

8This act shall be known and may be cited as the Speech-
9Language [and Hearing] Pathologists and Audiologists Licensure

11Section 2. Declaration of policy.

12It is declared to be the policy of the Commonwealth that the 
13practice of speech-language pathology and the practice of 
14audiology are privileges granted to qualified persons and that,
15in order to safeguard the public health, safety and welfare; to
16protect the public from being misled or receiving <-nonmedical 
17treatment by incompetent, unscrupulous and unauthorized persons;
18to protect the public from unprofessional conduct [on the part
19of] by qualified speech-language pathologists[,] and
20audiologists [and teachers of the hearing impaired]; and to
21assure the availability of the highest possible quality of
22speech-language [and hearing] pathology and audiology services
23to the [communicatively handicapped] people of this
24Commonwealth, it is necessary to [regulate persons offering
25speech-language and hearing services to the public and persons
26functioning under the direction of these specialists] provide 
27regulatory authority over persons offering speech-language 
28pathology and audiology services to the public.

29Section 3. Definitions.

30The following words and phrases when used in this act shall

1have the meanings given to them in this section unless the
2context clearly indicates otherwise:

3"Audiologist." Any person who is qualified by [training and
4experience] education, training and clinical experience and is 
5licensed under this act to engage in the practice of [the
6evaluation, counseling, habilitation and rehabilitation of
7individuals whose communicative disorders center in whole or in
8part in the hearing function. For the purposes of this paragraph
9the words "habilitation" and "rehabilitation" include, but are
10not limited to, hearing aid evaluation, fitting, recommendation,
11speech reading, auditory training and similar activities. A
12person is deemed to be or to hold himself out as being an
13audiologist if he offers such services to the public under any
14title incorporating the words audiology, audiologist,
15audiological consultant, aural rehabilitationist, hearing
16audiologist or any similar title or description of service]
17audiology. The audiologist is an independent practitioner 
18providing services in hospitals, clinics, schools, private 
19practices and other settings in which audiologic services are 
20relevant. A person is deemed to be, or to hold himself out as 
21being, an audiologist if he offers such services to the public 
22under any title incorporating the terms "audiology," 
23"audiologist," "audiological consultant," "hearing aid 
24audiologist" or any variation, synonym, coinage or similar title 
25that expresses, employs or implies these terms, names or 

27"Board." The State Board of Examiners in Speech-Language
28[and Hearing] Pathology and Audiology.

<-29"Intraoperative "Neurophysiologic intraoperative monitoring."
30The process of continual testing and interpreting of results by

1the use of electrodiagnostic modalities to identify and monitor
2the functional integrity of neurological structures to reduce
3the risk of injury and complications related to the nervous
4system during a surgical procedure.

5"Person." Any individual, organization, association,
6partnership, company, trust or corporate body, except that [any]
7only individuals can be licensed under this act. Any reference
8in this act to a licensed person shall mean a natural individual

10"Practice of audiology." The application of principles,
11methods and procedures related to disorders of the auditory and
12vestibular systems. Areas of audiology practice include the

14(1) prevention of hearing loss by designing,
15implementing and coordinating industrial, school and
16community-based hearing conservation programs;

17(2) identification of dysfunction of hearing, balance
18and other auditory-related systems by developing and
19overseeing hearing and balance-related screening programs for
20persons of all ages, including newborn and school screening

22(3) administration of speech or language screening or
23other measures for the purpose of initial identification and
24referral of persons with other communicative disorders;

25(4) assessment and nonmedical diagnosis and treatment of 
26hearing and vestibular disorders through the administration 
27of behavioral, psychoacoustic, electrophysiologic tests of 
28the peripheral and central auditory and vestibular systems 
29using standardized test procedures, including, but not 
30limited to, audiometry, tympanometry, acoustic reflex

1measures, otoacoustic emissions, auditory evoked potentials, 
2video and electronystagmography and tests of central auditory 
3function using calibrated instrumentation leading to the 
4diagnosis of auditory and vestibular dysfunction abnormality;

5(5) assessment of candidacy of persons with hearing loss
6for cochlear implants;

7(6) nonmedical treatment for persons with impairment of 
8auditory function utilizing amplification and other assistive 

10(7) selection, fitting, evaluation and dispensing of
11hearing aids and other amplification systems;

12(8) fitting and mapping of cochlear implant devices and
13audiologic rehabilitation to optimize device use;

14(9) fitting of middle ear implantable hearing aids,
15fully implantable hearing aids and bone-anchored hearing

17(10) conducting otoscopic examinations;

18(11) nonmedical treatment of persons with tinnitus using 
19techniques including biofeedback, masking, hearing aids, 
20education and counseling;

21(12) counseling on the psychosocial aspects of hearing
22loss and the use of amplification systems;

23(13) administration of electrophysiologic measures of
24neural function, including, but not limited to, sensory and
25motor-evoked potentials, preoperative and postoperative
26evaluation of neural function, neurophysiologic
27intraoperative monitoring of the central nervous system,
28spinal cord and cranial nerve function<-, provided that an 
29audiologist shall not perform neurophysiologic intraoperative 
30monitoring except upon delegation from and under the overall

1direction of a physician, and the audiologist shall be 
2certified by the board under section 8.1; and

3(14) referral of persons with auditory and vestibular 
4dysfunction abnormalities to an appropriate physician for 
5medical evaluation when indicated based upon the 
6interpretation of the audiologic and vestibular test results.

<-7"Practice of speech-language pathology." The application of
8principles, methods and procedures of prevention, screening,
9consultation, identification, assessment and evaluation,
10determination of disorders and service delivery model,
11nonmedical treatment and intervention, counseling, collaboration
12and referral services for persons with known or suspected
13language, cognitive and linguistic, social, speech (resonance
14and voice, fluency and sound production), feeding and
15swallowing, orofacial myofunctional disorders or communication
16disorders, including, but not limited to:

17(1) Elective modification of communication behaviors and
18enhancement of communication.

19(2) Identification of nonmedical speech, language,
20swallowing, cognitive and social aspects of communication by
21developing and providing speech, language, voice, swallowing,
22cognitive and social aspects of communication-related
23screening programs for persons of all ages.

24(3) Providing nonmedical diagnosis, evaluation and
25remediation services for disorders of speech, language,
26voice, swallowing, cognitive and social aspects of

28(4) Establishing augmentative and alternative
29communication techniques and strategies, including selecting,
30recommending and dispensing of augmentative aids and devices.

1(5) Providing nonmedical services to individuals with
2hearing loss and their families, that is, auditory training,
3speech reading and speech and language intervention secondary
4to hearing loss.

5(6) Providing hearing screening limited to pass or fail
6for the purposes of identification of individuals with
7potential disorders of hearing.

8(7) The training of individuals, their families and
9other communication partners in the use, selecting, fitting
10and establishment of effective use of appropriate prosthetic
11and adaptive devices for speaking and swallowing.

12(8) Using instrumental technology to provide nonmedical
13diagnosis, nonmedical treatment and nonmedical services for
14disorders of communication, voice and swallowing. The use of
15instrumental technology by licensed speech-language
16pathologists is limited to those instruments which relate
17directly to communication, voice or swallowing disorders.

18(9) Referral of persons, within 30 days, with speech,
19language, voice, swallowing, cognitive and social aspects of
20communication to an appropriate physician for medical
21evaluation when indicated based upon the interpretation of
22evaluation results.

23"Speech-language pathologist." Any person who is qualified
24by <-[training and experience to engage in the practice of the
25evaluation, counseling, habilitation and rehabilitation of
26individuals whose communicative disorders involve the function
27of speech, voice or language.<-] education, training and clinical 
28experience and is licensed under this act to engage in the 
29practice of speech-language pathology and is an independent 
30practitioner providing services in hospitals, clinics, public

1school entities, nonpublic schools, private practices and other 
2settings in which speech language pathology services are 
3relevant. A person is deemed to be or to hold himself out as
4being a speech-language pathologist if he offers <-[such services
5under any title incorporating the words speech-language
6pathologist, speech consultant, speech therapist, speech
7correctionist, speech clinician, speech specialist, language
8pathologist, logopedist, communication therapist, voice
9therapist, aphasia therapist, aphasiologist, communicologist, or
10any similar title or description of service.<-] services and 
11functions defined under this act as the practice of speech-
12language pathology or offers to treat any disorders that may be 
13treated by a licensed speech-language pathologist under any 
14title incorporating the terms speech-language pathology, speech-
15language pathologist, speech therapist, voice therapist, 
16aphasiologist, orofacial myologist, dysphagia therapist or any 
17variation, synonym, coinage or similar title that expresses, 
18employs or implies these terms, names or functions.

19["Teacher of the hearing impaired." Any person who is
20qualified by training and experience to engage in the practice
21of providing evaluation and instruction in curriculum-based
22material and communication skills appropriate for individuals
23whose cognitive and educational development have been affected
24primarily by impaired hearing sensitivity. A person is deemed to
25be or to hold himself out as being a teacher of the hearing
26impaired if he offers such services under any title
27incorporating the words teacher of the hearing impaired, teacher
28of the acoustically handicapped, teacher of the deaf, teacher of
29the acoustically impaired, hearing teacher, teacher of the
30aurally handicapped, hearing tutor, tutor of the auditorily

1impaired, educator of the deaf or any similar title or
2description of service.]

3Section 4. Creation of board; appointment and term of members;

5(a) Board created.--There is hereby created a departmental
6administrative board to be known as the State Board of Examiners
7in Speech-Language [and Hearing] Pathology and Audiology which
8shall be in the Bureau of Professional and Occupational Affairs
9of the Department of State. It shall consist of [ten] eight
10members, [nine] seven of whom shall be appointed by the
11Governor, by and with the advice and consent of a majority of
12the members elected to the Senate, who shall be residents of
13Pennsylvania for a three-year period immediately prior to
14appointment. The Commissioner of Professional and Occupational
15Affairs shall serve in his official capacity as the [tenth] 
16eighth member of the board. [At the first meeting, the appointed
17members shall determine, by lot, three members to serve three-
18year terms, three members to serve two-year terms and three
19members to serve one-year terms, with the exception of the

21(b) Vacancies.--When the term of each appointed member of
22the board ends, the Governor shall appoint his successor for a
23term of three years, by and with the advice and consent of a
24majority of the members elected to the Senate. Any appointive
25vacancy occurring on the board shall be filled by the Governor
26by appointment for the unexpired term, by and with the advice
27and consent of a majority of the members elected to the Senate.
28Board members shall continue to serve until their successors are
29appointed and qualified but not longer than six months beyond
30the three-year period.

1(c) Qualifications of board.--The board shall consist of the
2Commissioner of the Bureau of Professional and Occupational
3Affairs, one member who at the time of appointment is engaged in
4rendering professional services in speech-language pathology,
5one member who at the time of appointment is engaged in
6rendering professional services in audiology, [one member who at
7the time of appointment is engaged in rendering professional
8services as a teacher of the hearing impaired,] two members at
9large who are either speech-language pathologists, or
10audiologists [or teachers of the hearing impaired], however,
11each profession shall not be represented by more than two board
12members, [two members who are physicians] one member who is a 
13physician licensed to practice medicine in this Commonwealth[,
14at least one of whom] who specializes in otolaryngology, and two
15members of the public appointed by the Governor from nominations
16submitted by the governing boards of groups advocating for the
17welfare of the speech-language and hearing handicapped. Of the
18initial members, the speech-language pathologists[,] and
19audiologists [and teachers of the hearing impaired] shall
20possess the necessary qualifications for licensure under this
21act. Thereafter, the members of the board who are speech-
22language pathologists[,] and audiologists [and teachers of the
23hearing impaired] shall be licensed under this act. No public
24member appointed under the provisions of this section shall be
25affiliated in any manner with professions or occupations
26providing health or corrective communications services or
27products to communicatively impaired persons. The public members
28shall be qualified pursuant to law, including section 813 of the
29act of April 9, 1929 (P.L.177, No.175), known as The
30Administrative Code of 1929. In addition, no member of the board

1shall at the same time be an officer or agent of any Statewide
2association or organization representing the professions or
3occupations under the jurisdiction of this board.

4(d) Reappointment.--A member of the board shall be eligible
5for reappointment. A member shall not be appointed to serve more
6than two consecutive terms.

7(e) Compensation; expenses.--The members of the board, other
8than the Commissioner of Professional and Occupational Affairs,
9shall receive reimbursement for reasonable travel, hotel and
10other necessary expenses and $60 per diem when actually engaged
11in the performance of their official duties.

12(f) Meetings of board.--The board shall hold a meeting
13within 150 days after the effective date of this act and
14annually thereafter in the month prescribed by the board and
15elect a chairman, vice chairman and secretary who shall be
16members of the board. The board shall meet at such other times
17as deemed necessary and advisable by the chairman or by a
18majority of its members. Reasonable notice of all meetings shall
19be given in the manner prescribed by the board. A majority of
20the board shall constitute a quorum at any meeting or hearing.

21(g) Forfeiture.--A member of the board who fails to attend 
22three consecutive meetings shall forfeit his seat unless the 
23Commissioner of Professional and Occupational Affairs, upon 
24written request from the member, finds that the member should be 
25excused from a meeting because of illness or the death of an 
26immediate family member.

27Section 2. Section 5 of the act, amended October 18, 2000
28(P.L.536, No.71), is amended to read:

29Section 5. Powers and duties of board.

30The board shall have the power and its duties shall be:

1(1) To approve the qualifications and fitness of
2applicants for licensure, and to adopt and revise rules and
3regulations requiring applicants to pass examinations
4relating to their qualifications as a prerequisite to the
5issuance of a license.

6(2) To adopt and revise rules and regulations consistent
7with the law as may be necessary to implement the provisions
8of this act. [These rules and regulations shall include, but
9not be limited to, codes of ethics for speech-language
10pathologists, audiologists and teachers of the hearing
11impaired. The codes of ethics shall provide further that,
12whereas speech-language pathologists, audiologists and
13teachers of the hearing impaired provide nonmedical and
14nonsurgical services, medical diagnosis and medical treatment
15by these persons are specifically to be considered unethical
16and illegal.]

17(3) To examine for, deny, approve, issue, revoke,
18suspend or renew the licenses of speech-language
19pathologist[, audiologist and teacher of the hearing
20impaired] and audiologist applicants, and provisional 
21licenses for <-speech-language pathologists and audiologists.

22(4) To conduct hearings upon complaints of violations of
23this act and the rules and regulations adopted pursuant to
24this act, and to prosecute and enjoin all such violations.

25(5) To spend funds necessary for the proper performance
26of its assigned duties in accordance with the fiscal and
27other laws of this Commonwealth and upon approval by the
28Commissioner of Professional and Occupational Affairs.

29(6) To waive examination and educational requirements
30and grant a license as provided in sections 6 and 7.

1(7) To establish standards of eligibility for license
2renewal. These standards shall include, but not be limited
3to, the demonstration of satisfactory completion of 20 clock
4hours of continuing education related to the practice of
5speech-language pathology[, audiology or teaching the hearing
6impaired] and audiology in accordance with board regulations.
7No credit may be given for courses in office management or
8practice building. The board may waive all or part of the
9continuing education requirement to a licensee who shows to
10the satisfaction of the board that the licensee was unable to
11complete the requirement due to illness, emergency or
12hardship. The request for a waiver must be made in writing,
13with appropriate documentation, and must include a
14description of the circumstances sufficient to show why a
15licensee is unable to comply with the continuing education
16requirement. Waiver requests shall be evaluated by the board
17on a case-by-case basis. The board shall send the licensee
18written notification of its approval or denial of a waiver
19request. The requirement to demonstrate the satisfactory
20completion of continuing education shall begin with the
21biennial renewal period to be designated by regulation of the
22board and following written notice to licensees.

23(8) To promulgate rules and regulations regarding
24persons functioning under the direction of audiologists[,] or
25speech-language pathologists [and teachers of the hearing

27(9) To recognize national professional organizations in 
<-28speech-language pathology and audiology that have established
29definitions of <-the practice of speech-language pathology and
30the practice of audiology. These organizations shall be the

1same as those recognized by the board under the provisions of
2section 7(b)(2). The board shall have the power to adopt
3those definitions to be the practical definitions of <-the 
4practice of speech-language pathology and the practice of
5audiology for licensees under the board. If one or more of
6the recognized national professional organizations amends its
7definition, the amended definition cannot be added to <-the 
8practice of speech-language pathology or the practice of
9audiology until it has been adopted by the board through

11(10) To recognize national accrediting agencies which
12accredit programs of <-speech-language pathology as specified 
13in section 7(a)(1) and programs of audiology as specified in
14section 7(a)(2).

<-15(11) Within 18 months of the effective date of this
16section, the board shall promulgate regulations governing the
17use of instrumental technology by licensed speech-language

19Section 3. Sections 6, 7 and 8 of the act are amended to

21Section 6. License required; persons and practices not
22affected; exclusions.

23(a) Licenses.--Except as provided in subsection (b), no
24person may practice or hold himself out as being able to
25practice as an audiologist[,] or speech-language pathologist [or
26teacher of the hearing impaired] in this Commonwealth unless he
27holds a current, unsuspended, unrevoked license issued by the
28board. Licensure shall be granted separately in speech-language
29pathology[,] or audiology [and teaching of the hearing

1(b) Exclusions.--Nothing in this act shall be construed as
2preventing or restricting:

3(1) Any person licensed or registered in this
4Commonwealth from engaging in the profession or occupation
5for which he is licensed or registered, including:

6(i) A physician or surgeon engaged in the practice
7of medicine.

8(ii) A licensed physician or surgeon or a trained
9individual under the direction of a licensed physician
10doing hearing testing in the office or clinic of the

12(iii) A hearing aid fitter engaged in the business
13of selling and fitting hearing aids, and a hearing aid
14dealer engaged in the sale of hearing aids, as provided
15in the act of November 24, 1976 (P.L.1182, No.262), known
16as the Hearing Aid Sales Registration Law.

17(2) A person who holds a valid credential issued by the
18Department of Education in the area of speech or hearing and
19who is employed in public or private elementary and secondary
20schools or institutions chartered by the Commonwealth, or a
21person who is employed by the Commonwealth or the Federal
22Government as a speech-language pathologist[,] or audiologist 
23[or teacher of the hearing impaired] from engaging in his
24profession or occupation, <-or using his professional title if
25the person performs his services solely within the scope of
26his employment, or a person performing hearing testing under
27section 1402 of the act of March 10, 1949 (P.L.30, No.14),
28known as the Public School Code of 1949.

29(3) The activities of a student or trainee who is
30pursuing a program of study supervised by a person licensed

1under this act or otherwise exempt by this section which lead
2to a degree in audiology[, teaching the hearing impaired] or
3speech-language pathology [at] from an accredited college or
4university, if such individual is designated by a title
5clearly indicating his student or training status.

6(4) The practice of speech-language pathology[,] and
7audiology [or teaching the hearing impaired] in this
8Commonwealth by any person not a resident of this
9Commonwealth who is not licensed under this act if the person
10meets the qualifications and requirements for licensure
11described in section 7, or who is licensed under the law of
12another state having licensure requirements determined by the
13board to be at least equivalent to those established by
14section 7, and if the services are performed for no more than
15five days in any calendar year in cooperation with a speech-
16language pathologist[,] or audiologist [or teacher of the 
17hearing impaired] licensed under this act.

18(5) A corporation, partnership, trust, association,
19company or other similar form of organization from engaging
20in the practice of speech-language pathology[,] or audiology 
21[or teaching the hearing impaired] without a license if it
22employs licensed individuals in the direct practice of
23speech-language pathology[,] or audiology [or teaching the 
24hearing impaired].

25(<-6) The practice, services or activities of
26neurodiagnostic technologists performing neurodiagnostic
27studies within the American Society of Electroneurodiagnostic
28Technologists' scope of practice and in accordance with the
29guidelines of the American Association of Neuromuscular and
30Electrodiagnostic Medicine or the American Clinical

1Neurophysiology Society.

2Section 7. Requirements for licensure.

3(a) In general.--Except as provided in subsections (b) and
4(c), to be eligible for licensure by the board as a speech-
5language pathologist[,] or audiologist [or teacher of the
6hearing impaired], an applicant shall pay a fee as established
7by the board in accordance with section 8(a), be of good moral
8character to the satisfaction of the board, pass an examination

<-10(1) For the license in speech-language pathology,
11possess a master's degree in speech-language pathology or its
12equivalent from an accredited academic institution. In
13addition, the applicant must have at least one year of
14supervised professional experience in the field of speech-
15language pathology.

<-16(1) For the license in speech-language pathology, 
17possess a master's degree in speech-language pathology [or 
18its equivalent] from an [accredited academic institution] 
19academic program accredited by an accrediting agency approved 
20by the board under standards pursuant to this act. In 
21addition, the applicant must have at least [one year] nine 
22months of supervised professional experience in the field of 
23speech-language pathology.

24(2) For the license in audiology, possess a master's
25degree or doctoral degree in audiology [or its equivalent]
26from an [accredited academic institution. In addition, the
27applicant] academic program accredited by an accrediting 
28agency approved by the board and the United States Department 
29of Education or the Council for Higher Education 
30Accreditation under standards pursuant to this act. Master's

1degree applicants must have at least [one year] nine months
2of supervised professional experience in the field of
3audiology. Beginning January 1, <-2014 2015, all new applicants 
4must possess a doctoral degree in audiology as determined by 
5the board.

6[(3) For licensure as a teacher of the hearing impaired,
7possess a master's degree in education of the hearing
8impaired or its equivalent from an accredited academic
9institution. In addition, the applicant must have at least
10one year of supervised professional experience in the field
11of teaching the hearing impaired.]

12(b) Waivers.--The board may waive the examination and
13educational requirements for any of the following:

14(1) Applicants who present proof of [current
15certification or licensure] a currently valid license to 
16practice <-speech-language pathology or audiology in a state
17which has standards determined by the board to be at least
18equal to those for licensure in this Commonwealth.

19(2) Applicants who hold a currently valid and
20appropriate Certificate of Clinical Competence from the
21Council [of Professional Standards] for Clinical 
22Certification of the American [Speech-Language and Hearing]
23Speech-Language-Hearing Association or certification from a 
24national credentialing organization that is recognized by the 
25board from standards pursuant to this act. Notice of 
26standards shall be published in the Pennsylvania Bulletin.

27[(3) Applicants who hold a currently valid professional
28certificate issued by the Council on Education of the Deaf in
29compliance with its standards for the certification of
30teachers of the hearing impaired and who have completed an

1additional ten graduate academic credits established by the
2board to be appropriate for licensure as a teacher of the
3hearing impaired.]

4(c) Requirements for current practitioners.--The board shall
5waive the examination and educational requirements for any
6applicant who, on the effective date of this act:

7(1) has at least a bachelor's degree with a major in
8speech-language pathology[,] or a master's degree in
9audiology [or teaching the hearing impaired] from an
10accredited college or university, and who has been employed
11as a speech-language pathologist[,] or audiologist [or 
12teacher of the hearing impaired] for at least nine
13consecutive months within three years prior to the effective
14date of this act; and

15(2) files an application with the board providing bona
16fide proof of the degree and employment together with the
17application fee prescribed in section 8.

18(d) Provisional licenses.--

19(1) The board may, in accordance with the provisions of 
20this section, issue a provisional license in <-speech-language 
21pathology or audiology to applicants who have met all of the 
22requirements for licensure under this act except for the 
23completion of the clinical fellowship necessary to receive 
24either the Certificate of Clinical Competence from the 
25Council For Clinical Certification of the American Speech-
26Language-Hearing Association or certification from another 
27national credentialing organization as recognized by the 
28board pursuant to section 7(b)(2). In order to receive the 
29license, the applicant must submit an application for the 
30provisional license to the board on a form prescribed by the

1board. The form must indicate the applicant's plans for 
2completing the clinical fellowship and must be accompanied by 
3an application fee determined by the board. A provisional 
4license issued under this section shall be valid for a 
5maximum of 18 months and may be renewed one time. The purpose 
6of the provisional license is solely to allow individuals to 
7practice <-speech-language pathology or audiology under 
8appropriate supervision while completing the postgraduate 
9professional experience required for certification under 
<-10section 7(b)(2) subsection (b)(2). A person holding a 
11provisional license is authorized to practice <-speech-language 
12pathology or audiology only while working under the 
13supervision of a person fully licensed in this Commonwealth 
14in accordance with this act.

15(2) Any person who is qualified by education, training
16and clinical experience by completing all educational
17requirements, including the externship of an Au.D. Program
18may hold a provisional license, provided that the provisional
19license shall only be valid for six months from the time of
20application for the permanent license.

21(3) A person holding a valid license in another state to 
22practice <-speech-language pathology or audiology and who has 
23applied for a license in this Commonwealth under the 
24provisions of this act may practice <-speech-language pathology 
25or audiology while working under the supervision of a person 
26fully licensed in this Commonwealth for not more than 90 days 
27while awaiting approval of the license application.

<-28Section 8. Application and fees.

29(a) Fee.--An application for [examination and] license shall
30be accompanied by a nonrefundable application [and examination]

1fee in an amount established by the board by regulation and
2shall be subject to review in accordance with the act of June
325, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
4If the revenues generated by fees, fines and civil penalties
5imposed in accordance with the provisions of this act are not
6sufficient to match expenditures over a two-year period, the
7board shall increase those fees by regulation, subject to review
8in accordance with the Regulatory Review Act, such that the
9projected revenues will meet or exceed projected expenditures.
10If the Bureau of Professional and Occupational Affairs
11determines that fees established by the board are inadequate to
12meet the minimum enforcement efforts required, then the bureau,
13after consultation with the board, shall increase the fees by
14regulation, subject to review in accordance with the Regulatory
15Review Act, such that adequate revenues are raised to meet the
16required enforcement effort.

17(b) Affidavit.--Each application shall be accompanied by an
18affidavit or affirmation of the applicant as to its verity. Any
19applicant who knowingly or willfully makes a false statement in
20his application shall be subject to prosecution for perjury.

21(c) Examinations.--The board shall offer at least two
22examinations for licensure each year. Notice of examinations
23shall be given at least 60 days prior to their administration.

24(d) Record of examination scores.--The board shall maintain
25a permanent record of all examination scores.

26(e) Disposition and use of fees.--Fees shall be collected by
27the board through the Bureau of Professional and Occupational
28Affairs and shall be paid into the Professional Licensure
29Augmentation Account established pursuant to and for use in
30accordance with the act of July 1, 1978 (P.L.700, No.124), known

1as the Bureau of Professional and Occupational Affairs Fee Act.

2Section 4. The act is amended by adding a section to read:

3Section 8.1. Certification for audiologists utilizing 
<-4neurophysiologic intraoperative monitoring.

5The board shall certify an audiologist who has demonstrated
6his competence in the field of <-neurophysiologic intraoperative
7monitoring as prescribed in this section if he complies with the

9(1) is board certified through a national accrediting
10organization, as determined by the board; or

11(2) has completed doctorate level coursework consisting
12of credits in neuroanatomy, neurophysiology and other
13intraoperative monitoring-related subjects, offered by an
14accredited Doctor of Audiology program along with having
15completed clinical instruction in <-neurophysiologic
16intraoperative monitoring as determined by the board.

<-17Section 5. Section 9 of the act is repealed:

18[Section 9. Examinations.

19(a) Preparation of examinations.--All written examinations
20shall be prepared and administered by a qualified professional
21testing organization under contract with the Bureau of
22Professional and Occupational Affairs and approved by the board,
23except that national uniform examinations or grading services or
24both shall be used if available. No board member shall have a
25financial interest in a professional testing organization. This
26section shall not apply to any oral, practical or other
27nonwritten examination which may be required by the board.

28(b) Cost of examinations.--The purpose of the examination
29fee which is to be established in accordance with section 8(a)
30is to insure that the applicant's fees cover the entire cost of

1the examination and administration. Cost is all contractual
2charges relating to the preparing, administering, grading and
3recording of the examination.]

4Section 6. Section 10 10(6) of the act is amended <-and the 
5section is amended by adding a paragraph to read:

6Section 10. Refusal to issue; revocation; etc.

7The board may refuse to issue and may suspend or revoke a
8license of any person or applicant by a vote of at least a
9majority of the members of the board for any of the following

11* * *

<-12(6) The practice of fraud or deceit in connection with 
13services rendered as an audiologist[,] or speech-language 
14pathologist [or teacher of the hearing impaired].

15(7) The <-speech-language pathologist or audiologist is 
16unable to practice his profession with reasonable skill and 
17safety because of illness, drunkenness, excessive use of 
18controlled substances, chemicals or other types of materials 
19or as the result of a mental or physical condition. In 
20enforcing this paragraph, the board shall, upon probable 
21cause, have the authority to compel a licensee to submit to a 
22mental or physical examination as designated by the board. 
23After notice, hearing, adjudication and appeal as provided 
24for in section 11, failure of a licensee to submit to such 
25examination when directed shall constitute an admission of 
26the allegations against him unless failure is due to 
27circumstances beyond his control, consequent upon which a 
28default and final order may be entered without the taking of 
29testimony or presentation of evidence. A licensee affected 
30under this paragraph shall at reasonable intervals be

1afforded an opportunity to demonstrate that he or she can 
2resume a competent practice of <-speech-language pathology or 
3audiology with reasonable skill and safety to patients.

4Section 7. Sections 12 and 14 of the act are amended to

6Section 12. Requirement of a medical examination.

7[(a) Medical examination.--Before an audiologist initiates
8aural rehabilitation for an individual, there shall be a medical
9examination verifying that there are no diseases of the ear
10requiring medical or surgical treatment.

11(b) Waiver.--This section does not apply if an individual
12signs a written waiver as set forth in this section. The waiver
13must be read and explained in such a manner that the individual
14will be thoroughly aware of the consequences of signing the
15waiver. The waiver form shall read as follows:

16I have been advised by (audiologist's name) that the
17Commonwealth of Pennsylvania has determined that my best health
18interest would be served if I had a medical examination by a
19licensed physician before the initiation of aural
20rehabilitation. I do not wish a medical examination before the
21initiation of aural rehabilitation.


23Signature Date]

<-24An A speech-language pathologist or audiologist shall refer 
25patients who present with suspected medical conditions beyond 
26the scope of practice under this act for medical evaluation to 
27an appropriate physician within 30 days.

28Section 14. [Limitation of renewal time; new license] Continued 

30[Any person who fails to renew his license within five years

1after the date of its expiration may not renew it, and it may
2not be restored, reissued or reinstated thereafter, but the
3person may apply for and obtain a new license if he meets the
4requirements of this act] A renewal of a license shall not be 
5granted more than five years after its expiration. A license 
6shall be renewed after the five-year period only after a 
7licensee has assured continued competency to practice <-speech-
8language pathology or audiology in accordance with regulations 
9established by the board.

10Section 8. The act is amended by adding a section to read:

11Section 16.1. Title.

12A licensed <-speech-language pathologist or audiologist who
13holds a doctoral degree in <-speech-language pathology or
14audiology or a related field may use the title "Doctor" or "Dr."
15on written materials only if the earned doctoral designation
16abbreviation accompanies the licensee's name. A licensee who is
17not also licensed to practice medicine or osteopathy in this
18Commonwealth may not attach to his name or use as a title the
19words or abbreviations "Doctor" or "Dr." in contravention of
20this section, "M.D.," "physician," "surgeon," "D.O." or any word
21or abbreviation that suggests that the licensee practices
22medicine or osteopathy.

23Section 9. Sections 18 and 19 of the act are amended to

25Section 18. Penalties.

26(a) Whoever violates any provision of this act is guilty of
27a misdemeanor, shall be prosecuted by the board or its agents
28and, upon conviction, shall be sentenced to imprisonment for not
29more than six months or to pay a fine of not less than $100 nor
30more than $1,000, or both. Each violation shall be deemed a

1separate offense. Fines collected under the provisions of this
2act shall be paid into the State Treasury for the use of the

4(b) In addition to any other civil remedy or criminal
5penalty provided for in this act, the board, by a vote of the
6majority of the maximum number of the authorized membership of
7the board as provided by law, may levy a civil penalty of up to
8$10,000 on any current licensee who violates any provision of
9this act, or on any person who practices as a speech-language
10pathologist or audiologist or holds himself forth as a speech-
11language pathologist or audiologist without being properly
12licensed to do so under this act. The board shall levy this
13penalty only after affording the accused party the opportunity
14for a hearing as provided in 2 Pa.C.S. (relating to
15administrative law and procedure).

16Section 19. Injunction against unlawful practice.

17[After 12 months from the effective date of this act, it] It
18shall be unlawful for any person to practice or attempt to offer
19to practice audiology[,] or speech-language pathology [or
20teaching the hearing impaired] without holding a valid unrevoked
21and unsuspended license issued under this act. The unlawful
22practice of audiology[,] or speech-language pathology [or
23teaching the hearing impaired] may be enjoined by the courts on
24petition of the board or its agents. In any proceeding it shall
25not be necessary to show that any person is individually injured
26by the complained of actions. If the respondent is found guilty
27of the unlawful practice, the court shall enjoin him from
28practicing until he has been duly licensed. Procedure in these
29cases shall be the same as in any other injunction suit. The
30remedy by injunction is in addition to criminal prosecution and


2Section 10. Section 20 of the act is repealed:

3[Section 20. Appropriation.

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

12Section 11. Within 30 days of the effective date of this
13section, the State Board of Examiners in Speech-Language
14Pathology and Audiology shall meet and reorganize in such a
15manner that the board position of teacher of the hearing
16impaired and the board position of physician who is not an
17otolaryngologist are abolished.

18Section 12. This act shall take effect in 60 days.