THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GORDNER, BAKER, FARNESE, FERLO, FONTANA, SOLOBAY, TARTAGLIONE AND RAFFERTY, DECEMBER 13, 2011

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, DECEMBER 13, 2011  

AN ACT

Amending the act of December 21, 1984 (P.L.1253, No.238),

entitled "An act regulating the practice of speech-language

pathologists, audiologists and teachers of the hearing

impaired; creating the State Board of Examiners in Speech-

Language and Hearing with certain powers and duties; and

prescribing penalties," further providing for title of act,

for short title, for declaration of policy, for definitions,

for creation of board, appointment and term of members and

officers, for powers and duties of board, for license

required and persons and practices not affected and

exclusions, for requirements for licensure, for application

and fees, for examinations, for refusal to issue and

revocation, for requirement of a medical examination, for

renewal fees and records, for limitation of renewal time and

new license and for certification to the board; providing for

use of title; and further providing for enforcement of

certification to board, for impaired professionals, for

penalties, for injunction against lawful practice and for

appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The title and sections 1, 2, 3 and 4 of the act

of December 21, 1984 (P.L.1253, No.238), known as the Speech-

Language and Hearing Licensure Act, are amended to read:

An Act

Regulating the practice of speech-language pathologists[,] and 

audiologists [and teachers of the hearing impaired]; creating

the State Board of Examiners in Speech-Language [and Hearing]

Pathology and Audiology with certain powers and duties; and

prescribing penalties.

Section 1.  Short title.

This act shall be known and may be cited as the Speech-

Language [and Hearing] Pathologists and Audiologists Licensure

Act.

Section 2.  Declaration of policy.

It is declared to be the policy of the Commonwealth that the

practice of speech-language pathology and the practice of

audiology are privileges granted to qualified persons and that,

in order to safeguard the public health, safety and welfare; to

protect the public from being misled or receiving treatment by

incompetent, unscrupulous and unauthorized persons; to protect

the public from unprofessional conduct [on the part of] by 

qualified speech-language pathologists[,] and audiologists [and

teachers of the hearing impaired]; and to assure the

availability of the highest possible quality of speech-language

[and hearing] pathology and audiology services to the

[communicatively handicapped] people of this Commonwealth, it is

necessary to [regulate persons offering speech-language and

hearing services to the public and persons functioning under the

direction of these specialists] provide regulatory authority

over persons offering speech-language pathology and audiology

services to the public.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Audiologist."  Any person who is qualified by [training and

experience] education, training and clinical experience and is

licensed under this act to engage in the practice of [the

evaluation, counseling, habilitation and rehabilitation of

individuals whose communicative disorders center in whole or in

part in the hearing function. For the purposes of this paragraph

the words "habilitation" and "rehabilitation" include, but are

not limited to, hearing aid evaluation, fitting, recommendation,

speech reading, auditory training and similar activities. A

person is deemed to be or to hold himself out as being an

audiologist if he offers such services to the public under any

title incorporating the words audiology, audiologist,

audiological consultant, aural rehabilitationist, hearing

audiologist or any similar title or description of service]

audiology. The audiologist is an independent practitioner

providing services in hospitals, clinics, schools, private

practices and other settings in which audiologic services are

relevant. A person is deemed to be, or to hold himself out as

being, an audiologist if he offers such services to the public

under any title incorporating the terms "audiology,"

"audiologist," "audiological consultant," "hearing aid

audiologist" or any variation, synonym, coinage or similar title

that expresses, employs or implies these terms, names or

functions.

"Board."  The State Board of Examiners in Speech-Language

[and Hearing] Pathology and Audiology.

"Person."  Any individual, organization, association,

partnership, company, trust or corporate body, except that [any]

only individuals can be licensed under this act. Any reference

in this act to a licensed person shall mean a natural individual

person.

"Practice of audiology."  The application of principles,

methods and procedures related to disorders of the auditory and

vestibular systems. Areas of audiology practice include the

following:

(1)  prevention of hearing loss by designing,

implementing and coordinating industrial, school and

community-based hearing conservation programs;

(2)  identification of dysfunction of hearing, balance

and other auditory-related systems by developing and

overseeing hearing and balance-related screening programs for

persons of all ages, including newborn and school screening

programs;

(3)  administration of speech or language screening or

other measures for the purpose of initial identification and

referral of persons with other communicative disorders;

(4)  assessment and diagnosis of hearing and vestibular

disorders through the administration of behavioral,

psychoacoustic, electrophysiologic tests of the peripheral

and central auditory and vestibular systems using

standardized test procedures, including, but not limited to,

audiometry, tympanometry, acoustic reflex measures,

otoacoustic emissions, auditory evoked potentials, video and

electronystagmography and tests of central auditory function

using calibrated instrumentation leading to the diagnosis of

auditory and vestibular abnormality;

(5)  assessment of candidacy of persons with hearing loss

for cochlear implants;

(6)  treatment for persons with impairment of auditory

function utilizing amplification and other assistive devices;

(7)  selection, fitting, evaluation and dispensing of

hearing aids and other amplification systems;

(8)  fitting and mapping of cochlear implant devices and

audiologic rehabilitation to optimize device use;

(9)  fitting of middle ear implantable hearing aids,

fully implantable hearing aids and bone-anchored hearing

aids;

(10)  conducting otoscopic examinations and removing

cerumen;

(11)  treatment of persons with tinnitus using techniques

including biofeedback, masking, hearing aids, education and

counseling;

(12)  counseling on the psychosocial aspects of hearing

loss and the use of amplification systems;

(13)  administration of electrophysiologic measures of

neural function, including, but not limited to, sensory and

motor-evoked potentials, tests of nerve conduction velocity

and electromyography, plus preoperative and postoperative

evaluation of neural function, neurophysiologic

intraoperative monitoring of the central nervous system,

spinal cord and cranial nerve function; and

(14)  referral of persons with auditory and vestibular

abnormalities to an appropriate physician for medical

evaluation when indicated based upon the interpretation of

the audiologic and vestibular test results.

"Speech-language pathologist."  Any person who is qualified

by training and experience to engage in the practice of the

evaluation, counseling, habilitation and rehabilitation of

individuals whose communicative disorders involve the function

of speech, voice or language. A person is deemed to be or to

hold himself out as being a speech-language pathologist if he

offers such services under any title incorporating the words

speech-language pathologist, speech consultant, speech

therapist, speech correctionist, speech clinician, speech

specialist, language pathologist, logopedist, communication

therapist, voice therapist, aphasia therapist, aphasiologist,

communicologist, or any similar title or description of service.

["Teacher of the hearing impaired."  Any person who is

qualified by training and experience to engage in the practice

of providing evaluation and instruction in curriculum-based

material and communication skills appropriate for individuals

whose cognitive and educational development have been affected

primarily by impaired hearing sensitivity. A person is deemed to

be or to hold himself out as being a teacher of the hearing

impaired if he offers such services under any title

incorporating the words teacher of the hearing impaired, teacher

of the acoustically handicapped, teacher of the deaf, teacher of

the acoustically impaired, hearing teacher, teacher of the

aurally handicapped, hearing tutor, tutor of the auditorily

impaired, educator of the deaf or any similar title or

description of service.]

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

officers.

[(a)  Board created.--There is hereby created a departmental

administrative board to be known as the State Board of Examiners

in Speech-Language and Hearing which shall be in the Bureau of

Professional and Occupational Affairs of the Department of

State. It shall consist of ten members, nine of whom shall be

appointed by the Governor, by and with the advice and consent of

a majority of the members elected to the Senate, who shall be

residents of Pennsylvania for a three-year period immediately

prior to appointment. The Commissioner of Professional and

Occupational Affairs shall serve in his official capacity as the

tenth member of the board. At the first meeting, the appointed

members shall determine, by lot, three members to serve three-

year terms, three members to serve two-year terms and three

members to serve one-year terms, with the exception of the

commissioner.

(b)  Vacancies.--When the term of each appointed member of

the board ends, the Governor shall appoint his successor for a

term of three years, by and with the advice and consent of a

majority of the members elected to the Senate. Any appointive

vacancy occurring on the board shall be filled by the Governor

by appointment for the unexpired term, by and with the advice

and consent of a majority of the members elected to the Senate.

Board members shall continue to serve until their successors are

appointed and qualified but not longer than six months beyond

the three-year period.

(c)  Qualifications of board.--The board shall consist of the

Commissioner of the Bureau of Professional and Occupational

Affairs, one member who at the time of appointment is engaged in

rendering professional services in speech-language pathology,

one member who at the time of appointment is engaged in

rendering professional services in audiology, one member who at

the time of appointment is engaged in rendering professional

services as a teacher of the hearing impaired, two members at

large who are either speech-language pathologists, audiologists

or teachers of the hearing impaired, however, each profession

shall not be represented by more than two board members, two

members who are physicians licensed to practice medicine in this

Commonwealth, at least one of whom specializes in

otolaryngology, and two members of the public appointed by the

Governor from nominations submitted by the governing boards of

groups advocating for the welfare of the speech-language and

hearing handicapped. Of the initial members, the speech-language

pathologists, audiologists and teachers of the hearing impaired

shall possess the necessary qualifications for licensure under

this act. Thereafter, the members of the board who are speech-

language pathologists, audiologists and teachers of the hearing

impaired shall be licensed under this act. No public member

appointed under the provisions of this section shall be

affiliated in any manner with professions or occupations

providing health or corrective communications services or

products to communicatively impaired persons. The public members

shall be qualified pursuant to law, including section 813 of the

act of April 9, 1929 (P.L.177, No.175), known as The

Administrative Code of 1929. In addition, no member of the board

shall at the same time be an officer or agent of any Statewide

association or organization representing the professions or

occupations under the jurisdiction of this board.

(d)  Reappointment.--A member of the board shall be eligible

for reappointment. A member shall not be appointed to serve more

than two consecutive terms.

(e)  Compensation; expenses.--The members of the board, other

than the Commissioner of Professional and Occupational Affairs,

shall receive reimbursement for reasonable travel, hotel and

other necessary expenses and $60 per diem when actually engaged

in the performance of their official duties.

(f)  Meetings of board.--The board shall hold a meeting

within 150 days after the effective date of this act and

annually thereafter in the month prescribed by the board and

elect a chairman, vice chairman and secretary who shall be

members of the board. The board shall meet at such other times

as deemed necessary and advisable by the chairman or by a

majority of its members. Reasonable notice of all meetings shall

be given in the manner prescribed by the board. A majority of

the board shall constitute a quorum at any meeting or hearing.]

(a)  Board created.--There is hereby created a departmental

administrative board to be known as the State Board of Examiners

in Speech-Language Pathology and Audiology which shall be in the

Bureau of Professional and Occupational Affairs of the

Department of State. The board shall consist of ten members,

nine of whom shall be appointed by the Governor, by and with the

advice and consent of a majority of the members elected to the

Senate, who shall be residents of Pennsylvania for a three-year

period immediately prior to their appointment. The Commissioner

of Professional and Occupational Affairs shall serve in his

official capacity as the tenth member of the board.

(b)  Composition.--The board shall consist of three

audiologists who are currently practicing audiology, have had

five years' experience practicing audiology and who hold active

and valid licensure for the practice of audiology in this

Commonwealth, three speech-language pathologists who are

currently practicing speech-language pathology, have had five

years' experience practicing speech-language pathology and who

hold active and valid licensure for the practice of speech-

language pathology in this Commonwealth, one physician licensed

to practice medicine in this Commonwealth, two representatives

of the public who are not associated with or financially

interested in the practice or business of audiology, of speech-

language pathology or of medicine and who are not members of

allied or related professions or occupations, and the

Commissioner of the Bureau of Professional and Occupational

Affairs. The public members shall be qualified pursuant to law,

including section 813 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929. In addition,

no member of the board shall at the same time be an officer or

agent of any Statewide association or organization representing

the professions or occupations under the jurisdiction of the

board.

(c)  Appointments.--Appointments of audiologists to the board

shall be made by the Governor from a list of qualified

audiologists submitted by the Pennsylvania Academy of Audiology

(PAA) and names submitted by other interested organizations or

persons in this Commonwealth. Appointments of speech-language

pathologists shall be made by the Governor from a list of

qualified speech-language pathologists submitted by the

Pennsylvania Speech-Language-Hearing Association (PSHA) and

names submitted by other interested organizations or persons in

this Commonwealth. No member of the board shall at the same time

serve in an elected, appointed or employed position in any

national, State or local-level organization representing

audiologists, speech-language pathologists or physicians, which

present or may present a conflict of interest.

(d)  Terms.--Appointments to the board shall be for a period

of three years. Members shall serve until the expiration of the

term for which they have been appointed or until their

successors have been appointed and are deemed to be qualified to

serve on the board. The Governor may remove any member of the

board for unprofessional conduct, incompetence or neglect of

duty.

(e)  Vacancies.--When the term of each appointed member of

the board ends, the Governor shall appoint his successor for a

term of three years, by and with the advice and consent of a

majority of the members elected to the Senate. In the event of a

vacancy in the office of an appointed member of the board other

than by expiration of a term, the Governor shall appoint a

qualified person to fill the vacancy for the unexpired term, by

and with the advice and consent of a majority of the members

elected to the Senate. Board members shall continue to serve

until their successors are appointed and qualified but not

longer than six months beyond the three-year period.

(f)  Reappointment.--A member of the board shall be eligible

for reappointment. No member may serve more than two consecutive

three-year terms.

(g)  Compensation and expenses.--The members of the board,

other than the Commissioner of Professional and Occupational

Affairs, shall receive reimbursement for reasonable travel,

hotel and other necessary expenses and $100 per diem when

actually engaged in the performance of their official duties.

(h)  Meetings of board.--The board shall hold a meeting

within 150 days after the effective date of this section and

annually thereafter in the month prescribed by the board to

elect a chairman, vice chairman and secretary who shall be

members of the board. The board shall meet at such other times

as deemed necessary and advisable by the chairman or by a

majority of its members. Reasonable notice of all meetings shall

be given in the manner prescribed by the board. Six members of

the board shall constitute a quorum to do business, provided

that the majority of members present are audiologists and

speech-language pathologists, and that at least one audiologist,

one speech-language pathologist and one public representative

are present at any meeting or hearing. The board shall conduct

its meetings and keep records of its proceedings in accordance

with the provisions of 1 Pa. Code Pt. II (relating to general

rules of administrative practice and procedure).

(i)  Forfeiture.--A member of the board who fails to attend

three consecutive meetings shall forfeit his seat unless the

Commissioner of Professional and Occupational Affairs, upon

written request from the member, finds that the member should be

excused from a meeting because of illness or the death of an

immediate family member.

Section 2.  Section 5 of the act, amended October 18, 2000

(P.L.536, No.71), is amended to read:

Section 5.  Powers and duties of board.

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

(1)  To approve the qualifications and fitness of

applicants for licensure, and to adopt and revise rules and

regulations requiring applicants to pass examinations

relating to their qualifications as a prerequisite to the

issuance of a license.

(2)  To adopt and revise rules and regulations consistent

with the law as may be necessary to implement the provisions

of this act. [These rules and regulations shall include, but

not be limited to, codes of ethics for speech-language

pathologists, audiologists and teachers of the hearing

impaired. The codes of ethics shall provide further that,

whereas speech-language pathologists, audiologists and

teachers of the hearing impaired provide nonmedical and

nonsurgical services, medical diagnosis and medical treatment

by these persons are specifically to be considered unethical

and illegal.]

(3)  To examine for, deny, approve, issue, revoke,

suspend or renew the licenses of speech-language

[pathologist, audiologist and teacher of the hearing impaired

applicants] pathologists and audiologists, and provisional

licenses for speech-language pathologists and audiologists.

(4)  To conduct hearings upon complaints of violations of

this act and the rules and regulations adopted pursuant to

this act, and to prosecute and enjoin all such violations.

(5)  To spend funds necessary for the proper performance

of its assigned duties in accordance with the fiscal and

other laws of this Commonwealth and upon approval by the

Commissioner of Professional and Occupational Affairs.

(6)  To waive examination and educational requirements

and grant a license as provided in sections 6 and 7.

(7)  To establish standards of eligibility for license

renewal. These standards shall include, but not be limited

to, the demonstration of satisfactory completion of 20 clock

hours of continuing education related to the practice of

speech-language pathology[,] and audiology [or teaching the

hearing impaired] in accordance with board regulations. No

credit may be given for courses in office management or

practice building. The board may waive all or part of the

continuing education requirement to a licensee who shows to

the satisfaction of the board that the licensee was unable to

complete the requirement due to illness, emergency or

hardship. The request for a waiver must be made in writing,

with appropriate documentation, and must include a

description of the circumstances sufficient to show why a

licensee is unable to comply with the continuing education

requirement. Waiver requests shall be evaluated by the board

on a case-by-case basis. The board shall send the licensee

written notification of its approval or denial of a waiver

request. The requirement to demonstrate the satisfactory

completion of continuing education shall begin with the

biennial renewal period to be designated by regulation of the

board and following written notice to licensees.

(8)  To promulgate rules and regulations regarding

persons functioning under the direction of audiologists[,] or 

speech-language pathologists [and teachers of the hearing

impaired].

(9)  To recognize national professional organizations in

audiology that have established definitions of the practice

of audiology. These organizations shall be the same as those

recognized by the board under the provisions of section 7(b)

(2). The board shall have the power to adopt those

definitions to be the practical definitions of the practice

of audiology for licensees under the board. If one or more of

the recognized national professional organizations amends its

definition, the amended definition cannot be added to the

practice of audiology until it has been adopted by the board

through regulation.

(10)  To recognize national accrediting agencies which

accredit programs of audiology as specified in section

7(a)(2).

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

read:

Section 6.  License required; persons and practices not

affected; exclusions.

(a)  Licenses.--[Except as provided in subsection (b), no

person may practice or hold himself out as being able to

practice as an audiologist, speech-language pathologist or

teacher of the hearing impaired in this Commonwealth unless he

holds a current, unsuspended, unrevoked license issued by the

board. Licensure shall be granted separately in speech-language

pathology, audiology and teaching of the hearing impaired.]

Except as provided in subsection (b), no person may practice or

hold himself out as being able to practice as an audiologist or

speech-language pathologist, or may engage in the practice of

speech-language pathology or the practice of audiology in this

Commonwealth unless he holds a current, unsuspended, unrevoked

license issued by the board. Licensure shall be granted

separately in speech-language pathology and audiology.

Terminology that approximates speech-language pathology or

audiology without a current, unsuspended, unrevoked license

issued by the board that may confuse the public or falsify the

credentials of the individual or company shall constitute a

violation of this act.

(b)  Exclusions.--Nothing in this act shall be construed as

preventing or restricting:

(1)  Any person licensed or registered in this

Commonwealth from engaging in the profession or occupation

for which he is licensed or registered, including:

(i)  A physician or surgeon engaged in the practice

of medicine.

(ii)  A licensed physician or surgeon or a trained

individual under the direction of a licensed physician

doing hearing testing in the office or clinic of the

physician.

(iii)  A hearing aid fitter engaged in the business

of selling and fitting hearing aids, and a hearing aid

dealer engaged in the sale of hearing aids, as provided

in the act of November 24, 1976 (P.L.1182, No.262), known

as the Hearing Aid Sales Registration Law.

(2)  A person who holds a valid credential issued by the

Department of Education in the area of speech or hearing and

who is employed in public or private elementary and secondary

schools or institutions chartered by the Commonwealth, or a

person who is employed by the Commonwealth or the Federal

Government as a speech-language pathologist[,] or audiologist

[or teacher of the hearing impaired] from engaging in his

profession or occupation, if the person performs his services

solely within the scope of his employment, or a person

performing hearing testing under section 1402 of the act of

March 10, 1949 (P.L.30, No.14), known as the Public School

Code of 1949.

(3)  The activities of a student or trainee who is

pursuing a program of study supervised by a person licensed

under this act or otherwise exempt by this section which lead

to a degree in audiology[, teaching the hearing impaired or

speech-language pathology at] from an accredited college or

university, if such individual is designated by a title

clearly indicating his student or training status.

(4)  The practice of speech-language pathology[,] or 

audiology [or teaching the hearing impaired] in this

Commonwealth by any person not a resident of this

Commonwealth who is not licensed under this act if the person

meets the qualifications and requirements for licensure

described in section 7, or who is licensed under the law of

another state having licensure requirements determined by the

board to be at least equivalent to those established by

section 7, and if the services are performed for no more than

five days in any calendar year in cooperation with a speech-

language pathologist[,] or audiologist [or teacher of the

hearing impaired] licensed under this act.

(5)  A corporation, partnership, trust, association,

company or other similar form of organization from engaging

in the practice of speech-language pathology[,] or audiology

[or teaching the hearing impaired] without a license if it

employs licensed individuals in the direct practice of

speech-language pathology[,] or audiology [or teaching the

hearing impaired] licensed under this act.

Section 7.  Requirements for licensure.

(a)  In general.--Except as provided in subsections (b) and

(c), to be eligible for licensure by the board as a speech-

language pathologist[,] or audiologist [or teacher of the

hearing impaired], an applicant shall pay a fee as established

by the board in accordance with section 8(a), be of good moral

character to the satisfaction of the board, pass an examination

and:

(1)  For the license in speech-language pathology,

possess a master's degree in speech-language pathology or its

equivalent from an accredited academic institution. In

addition, the applicant must have at least one year of

supervised professional experience in the field of speech-

language pathology.

(2)  For the license in audiology, possess a master's

degree or doctoral degree in audiology [or its equivalent]

from an [accredited academic institution. In addition, the

applicant] academic program accredited by an accrediting

agency approved by the board and the United States Department

of Education or the Council for Higher Education

Accreditation under standards pursuant to this act. Master's

degree applicants must have at least [one year] nine months 

of supervised professional experience in the field of

audiology. Beginning January 1, 2014, all new applicants must

possess a doctoral degree in audiology as determined by the

board.

[(3)  For licensure as a teacher of the hearing impaired,

possess a master's degree in education of the hearing

impaired or its equivalent from an accredited academic

institution. In addition, the applicant must have at least

one year of supervised professional experience in the field

of teaching the hearing impaired.]

(b)  Waivers.--The board may waive the examination and

educational requirements for any of the following:

(1)  Applicants who present proof of [current

certification or licensure] a currently valid license to

practice speech-language pathology or audiology in a state

which has standards determined by the board to be at least

equal to those for licensure in this Commonwealth.

(2)  Applicants who hold a currently valid and

appropriate Certificate of Clinical Competence from the

Council [of Professional Standards] for Clinical

Certification of the American [Speech-Language and Hearing]

Speech-Language-Hearing Association or certification from a

national credentialing organization that is recognized by the

board from standards pursuant to this act. Notice of

standards shall be published in the Pennsylvania Bulletin.

[(3)  Applicants who hold a currently valid professional

certificate issued by the Council on Education of the Deaf in

compliance with its standards for the certification of

teachers of the hearing impaired and who have completed an

additional ten graduate academic credits established by the

board to be appropriate for licensure as a teacher of the

hearing impaired.]

(c)  Requirements for current practitioners.--The board shall

waive the examination and educational requirements for any

applicant who, on the effective date of this act:

(1)  has at least a [bachelor's] master's degree with a

major in speech-language pathology[,] or audiology [or

teaching the hearing impaired] from an accredited college or

university, and who has been employed as a speech-language

pathologist[,] or audiologist [or teacher of the hearing

impaired] for at least nine consecutive months within three

years prior to the effective date of this act; and

(2)  files an application with the board providing bona

fide proof of the degree and employment together with the

application fee prescribed in section 8.

(d)  Provisional licenses.--

(1)  The board may, in accordance with the provisions of

this section, issue a provisional license in speech-language

pathology or audiology to applicants who have met all of the

requirements for licensure under this act except for the

completion of the clinical fellowship necessary to receive

either the Certificate of Clinical Competence from the

Council For Clinical Certification of the American Speech-

Language-Hearing Association or certification from another

national credentialing organization as recognized by the

board pursuant to section 7(b)(2). In order to receive the

license, the applicant must submit an application for the

provisional license to the board on a form prescribed by the

board. The form must indicate the applicant's plans for

completing the clinical fellowship and must be accompanied by

an application fee determined by the board. A provisional

license issued under this section shall be valid for a

maximum of 18 months and may be renewed one time. The purpose

of the provisional license is solely to allow individuals to

practice speech-language pathology or audiology under

appropriate supervision while completing the postgraduate

professional experience required for certification under

section 7(b)(2). A person holding a provisional license is

authorized to practice speech-language pathology or audiology

only while working under the supervision of a person fully

licensed in this Commonwealth in accordance with this act.

(2)  Any person who is qualified by education, training

and clinical experience by completing all educational

requirements, including the externship of an Au.D. Program

may hold a provisional license, provided that the provisional

license shall only be valid for six months from the time of

application for the permanent license.

(3)  A person holding a valid license in another state to

practice speech-language pathology or audiology and who has

applied for a license in this Commonwealth under the

provisions of this act may practice speech-language pathology

or audiology while working under the supervision of a person

fully licensed in this Commonwealth for not more than 90 days

while awaiting approval of the license application.

Section 8.  Application and fees.

(a)  Fee.--An application for [examination and] license shall

be accompanied by a nonrefundable application [and examination]

fee in an amount established by the board by regulation and

shall be subject to review in accordance with the act of June

25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

If the revenues generated by fees, fines and civil penalties

imposed in accordance with the provisions of this act are not

sufficient to match expenditures over a two-year period, the

board shall increase those fees by regulation, subject to review

in accordance with the Regulatory Review Act, such that the

projected revenues will meet or exceed projected expenditures.

If the Bureau of Professional and Occupational Affairs

determines that fees established by the board are inadequate to

meet the minimum enforcement efforts required, then the bureau,

after consultation with the board, shall increase the fees by

regulation, subject to review in accordance with the Regulatory

Review Act, such that adequate revenues are raised to meet the

required enforcement effort.

(b)  Affidavit.--Each application shall be accompanied by an

affidavit or affirmation of the applicant as to its verity. Any

applicant who knowingly or willfully makes a false statement in

his application shall be subject to prosecution for perjury.

(c)  Examinations.--The board shall offer at least two

examinations for licensure each year. Notice of examinations

shall be given at least 60 days prior to their administration.

(d)  Record of examination scores.--The board shall maintain

a permanent record of all examination scores.

(e)  Disposition and use of fees.--Fees shall be collected by

the board through the Bureau of Professional and Occupational

Affairs and shall be paid into the Professional Licensure

Augmentation Account established pursuant to and for use in

accordance with the act of July 1, 1978 (P.L.700, No.124), known

as the Bureau of Professional and Occupational Affairs Fee Act.

Section 4.  Section 9 of the act is repealed:

[Section 9.  Examinations.

(a)  Preparation of examinations.--All written examinations

shall be prepared and administered by a qualified professional

testing organization under contract with the Bureau of

Professional and Occupational Affairs and approved by the board,

except that national uniform examinations or grading services or

both shall be used if available. No board member shall have a

financial interest in a professional testing organization. This

section shall not apply to any oral, practical or other

nonwritten examination which may be required by the board.

(b)  Cost of examinations.--The purpose of the examination

fee which is to be established in accordance with section 8(a)

is to insure that the applicant's fees cover the entire cost of

the examination and administration. Cost is all contractual

charges relating to the preparing, administering, grading and

recording of the examination.]

Section 5.  Section 10 of the act is amended by adding a

paragraph to read:

Section 10.  Refusal to issue; revocation; etc.

The board may refuse to issue and may suspend or revoke a

license of any person or applicant by a vote of at least a

majority of the members of the board for any of the following

reasons:

* * *

(7)  The speech-language pathologist or audiologist is

unable to practice his profession with reasonable skill and

safety because of illness, drunkenness, excessive use of

controlled substances, chemicals or other types of materials

or as the result of a mental or physical condition. In

enforcing this paragraph, the board shall, upon probable

cause, have the authority to compel a licensee to submit to a

mental or physical examination as designated by the board.

After notice, hearing, adjudication and appeal as provided

for in section 11, failure of a licensee to submit to such

examination when directed shall constitute an admission of

the allegations against him unless failure is due to

circumstances beyond his control, consequent upon which a

default and final order may be entered without the taking of

testimony or presentation of evidence. A licensee affected

under this paragraph shall at reasonable intervals be

afforded an opportunity to demonstrate that he or she can

resume a competent practice of speech-language pathology or

audiology with reasonable skill and safety to patients.

Section 6.  Sections 12, 13, 14 and 16 of the act are amended

to read:

Section 12.  Requirement of a medical examination.

[(a)  Medical examination.--Before an audiologist initiates

aural rehabilitation for an individual, there shall be a medical

examination verifying that there are no diseases of the ear

requiring medical or surgical treatment.

(b)  Waiver.--This section does not apply if an individual

signs a written waiver as set forth in this section. The waiver

must be read and explained in such a manner that the individual

will be thoroughly aware of the consequences of signing the

waiver. The waiver form shall read as follows:

I have been advised by (audiologist's name) that the

Commonwealth of Pennsylvania has determined that my best health

interest would be served if I had a medical examination by a

licensed physician before the initiation of aural

rehabilitation. I do not wish a medical examination before the

initiation of aural rehabilitation.

______________________________

Signature                 Date]

A speech-language pathologist or audiologist shall refer

patients who present with suspected medical conditions which may

require surgery or other medical services beyond the scopes of

practice under this act for medical evaluation.

Section 13.  Renewal fees; records.

Renewal of licenses shall be on a biennial basis. The fee for

renewal of a license shall be as determined by the board in

accordance with section 8(a). A record of all speech-language

pathologists[,] and audiologists [and teachers of the hearing

impaired] licensed to practice in this Commonwealth shall be

maintained in the office of the board and published at the

discretion of the board. The board shall suspend any license for

nonpayment of fees until the license is renewed properly.

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

competency.

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

after the date of its expiration may not renew it, and it may

not be restored, reissued or reinstated thereafter, but the

person may apply for and obtain a new license if he meets the

requirements of this act] A renewal of a license shall not be

granted more than five years after its expiration. A license

shall be renewed after the five-year period only after a

licensee has assured continued competency to practice speech-

language pathology or audiology in accordance with regulations

established by the board.

Section 16.  Certification to the board.

Every organization or corporation which engages in the

practice of speech-language pathology[,] or audiology [or

teaching of the hearing impaired] by the employment of

individuals licensed under the provisions of this act shall file

with the board, on a form approved by the board, a certification

that it submits itself to the rules and regulations of the board

and the provisions of this act which the board shall consider

applicable to it.

Section 7.  The act is amended by adding a section to read:

Section 16.1.  Title.

A licensed audiologist who holds a doctoral degree in

audiology or a related field may use the title "Doctor" or "Dr."

on written materials only if the earned doctoral designation

abbreviation accompanies the licensee's name. A licensee who is

not also licensed to practice medicine or osteopathy in this

Commonwealth may not attach to his name or use as a title the

words or abbreviations "Doctor" or "Dr." in contravention of

this section, "M.D.," "physician," "surgeon," "D.O." or any word

or abbreviation that suggests that the licensee practices

medicine or osteopathy.

Section 8.  Section 17 of the act is amended to read:

Section 17.  Enforcement of certification to board.

No license or renewal of license shall be issued by the board

to any individual engaging in the practice of speech-language

pathology[,] or audiology [or teaching of the hearing impaired]

with a corporation, partnership, trust, association, company or

other similar forms of organization which have failed to comply

with section 16.

Section 9.  Section 17.1(f)(2) of the act, added October 18,

2000 (P.L.536, No.71), is amended to read:

Section 17.1.  Impaired professionals.

* * *

(f)  Mandatory reporting to board.--

* * *

(2)  Any person or facility who acts in a treatment

capacity to an impaired speech-language pathologist[,] or 

audiologist [or as a teacher of the hearing impaired] in an

approved treatment program shall be exempt from the mandatory

reporting requirements of this subsection. Any person or

facility who reports under this subsection in good faith and

without malice shall be immune from any civil or criminal

liability arising from the report.

* * *

Section 10.  Sections 18 and 19 of the act are amended to

read:

Section 18.  Penalties.

(a)  Whoever violates any provision of this act is guilty of

a misdemeanor, shall be prosecuted by the board or its agents

and, upon conviction, shall be sentenced to imprisonment for not

more than six months or to pay a fine of not less than $100 nor

more than $1,000, or both. Each violation shall be deemed a

separate offense. Fines collected under the provisions of this

act shall be paid into the State Treasury for the use of the

Commonwealth.

(b)  In addition to any other civil remedy or criminal

penalty provided for in this act, the board, by a vote of the

majority of the maximum number of the authorized membership of

the board as provided by law, may levy a civil penalty of up to

$10,000 on any current licensee who violates any provision of

this act, or on any person who practices as a speech-language

pathologist or audiologist or holds himself forth as a speech-

language pathologist or audiologist without being properly

licensed to do so under this act. The board shall levy this

penalty only after affording the accused party the opportunity

for a hearing as provided in 2 Pa.C.S. (relating to

administrative law and procedure).

Section 19.  Injunction against unlawful practice.

[After 12 months from the effective date of this act, it] It 

shall be unlawful for any person to practice or attempt to offer

to practice audiology[,] or speech-language pathology [or

teaching the hearing impaired] without holding a valid unrevoked

and unsuspended license issued under this act. The unlawful

practice of audiology[,] or speech-language pathology [or

teaching the hearing impaired] may be enjoined by the courts on

petition of the board or its agents. In any proceeding it shall

not be necessary to show that any person is individually injured

by the complained of actions. If the respondent is found guilty

of the unlawful practice, the court shall enjoin him from

practicing until he has been duly licensed. Procedure in these

cases shall be the same as in any other injunction suit. The

remedy by injunction is in addition to criminal prosecution and

punishment.

Section 11.  Section 20 of the act is repealed:

[Section 20.  Appropriation.

The sum of $75,000, or as much thereof as may be necessary,

is hereby appropriated from the Professional Licensure

Augmentation Account within the General Fund to the Bureau of

Professional and Occupational Affairs in the Department of State

for the establishment and operation of the State Board of

Examiners in Speech-Language and Hearing. The appropriation

granted shall be repaid by the board within three years of the

beginning of issuance of licenses by the board.]

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