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 the title and
7short title of the act, for declaration of policy, for
8definitions, for powers and duties of board, for license
9required, persons and practices not affected and exclusions,
10for requirements for licensure, for refusal to issue,
11suspension and revocation and for requirement of a medical
12examination; and providing for title.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. The title and sections 1 and 2 of the act of
16December 21, 1984 (P.L.1253, No.238), known as the Speech-
17Language and Hearing Licensure Act, are amended to read:

18AN ACT

19Regulating the practice of speech-language pathologists, school-
20based speech-language pathologists, audiologists and teachers
21of the hearing impaired; creating the State Board of
22Examiners in Speech-Language [and Hearing] Pathology and
 

1Audiology with certain powers and duties; and prescribing
2penalties.

3Section 1. Short title.

4This act shall be known and may be cited as the Speech-
5Language [and Hearing] Pathologists and Audiologists Licensure
6Act.

7Section 2. Declaration of policy.

8It is declared to be the policy of the Commonwealth that the 
9practice of speech-language pathology, the practice of school-
10based speech-language pathology and the practice of audiology 
11are privileges granted to qualified persons and that, in order
12to safeguard the public health, safety and welfare; to protect
13the public from being misled or receiving treatment by
14incompetent, unscrupulous and unauthorized persons; to protect
15the public from unprofessional conduct [on the part of] by
16qualified speech-language pathologists, school-based speech-
17language pathologists, audiologists and teachers of the hearing
18impaired; and to assure the availability of the highest possible
19quality of speech-language [and hearing] pathology and audiology
20services to the communicatively handicapped people of this
21Commonwealth, it is necessary to [regulate persons offering
22speech-language and hearing services to the public and persons
23functioning under the direction of these specialists] provide 
24regulatory authority over persons offering speech-language 
25pathology and audiology services to the public.

26Section 2. The definitions of "board" and "speech-language
27pathologist" in section 3 of the act are amended and the section
28is amended by adding definitions to read:

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* * *

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

6* * *

7"Practice of school-based speech-language pathology." The
8application, within the setting of a public school entity, of
9principles, methods and procedures of prevention, screening,
10consultation, identification, assessment and evaluation,
11determination of disorders and service delivery model, treatment
12and intervention, counseling, telepractice and collaboration and
13referral services for persons with known or suspected language,
14cognitive and linguistic, social, speech (resonance and voice,
15fluency and sound production) feeding and swallowing, orofacial
16myofunctional disorders or communication disorders, including,
17but not limited to:

18(1) Elective modification of communication behaviors and
19enhancement of communication.

20(2) Identification of speech, language, swallowing,
21cognitive and social aspects of communication by developing
22and overseeing speech, language, voice, swallowing, cognitive
23and social aspects of communication-related screening
24programs for persons of all ages.

25(3) Providing nonmedical diagnosis, evaluation and
26remediation services for disorders of speech, language,
27voice, swallowing, cognitive and social aspects of
28communication.

29(4) Establishing augmentative and alternative
30communication techniques and strategies, including selecting,

1recommending and dispensing of augmentative aids and devices.

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

6(6) Providing hearing screening limited to pass or fail
7for the purposes of identification of individuals with
8potential disorders of hearing.

9(7) The training of individuals, their families and
10other communication partners in the use, selecting, fitting
11and establishment of effective use of appropriate prosthetic
12and adaptive devices for speaking and swallowing.

13(8) Using instrumental technology to observe, assess and
14remediate disorders of communication, voice and swallowing.

15(9) Referral of persons with speech, language, voice,
16swallowing, cognitive and social aspects of communication to
17an appropriate physician for medical evaluation when
18indicated based upon the interpretation of evaluation
19results.

20(10) Additional scope of practice as defined by the
21State Board of Examiners in Speech-Language Pathology and
22Audiology in accordance with the provisions of section 5.

23"Practice of speech-language pathology." The application of
24principles, methods and procedures of prevention, screening,
25consultation, identification, assessment and evaluation,
26determination of disorders and service delivery model, treatment
27and intervention, counseling, telepractice and collaboration and
28referral services for persons with known or suspected language,
29cognitive and linguistic, social, speech (resonance and voice,
30fluency and sound production) feeding and swallowing, orofacial

1myofunctional disorders or communication disorders, including,
2but not limited to:

3(1) Elective modification of communication behaviors and
4enhancement of communication.

5(2) Identification of speech, language, swallowing,
6cognitive and social aspects of communication by developing
7and overseeing speech, language, voice, swallowing, cognitive
8and social aspects of communication-related screening
9programs for persons of all ages.

10(3) Providing nonmedical diagnosis, evaluation and
11remediation services for disorders of speech, language,
12voice, swallowing, cognitive and social aspects of
13communication.

14(4) Establishing augmentative and alternative
15communication techniques and strategies, including selecting,
16recommending and dispensing of augmentative aids and devices.

17(5) Providing services to individuals with hearing loss
18and their families, that is, auditory training, speech
19reading and speech and language intervention secondary to
20hearing loss.

21(6) Providing hearing screening limited to pass or fail
22for the purposes of identification of individuals with
23potential disorders of hearing.

24(7) The training of individuals, their families and
25other communication partners in the use, selecting, fitting
26and establishment of effective use of appropriate prosthetic
27and adaptive devices for speaking and swallowing.

28(8) Using instrumental technology to observe, assess and
29remediate disorders of communication, voice and swallowing.

30(9) Referral of persons with speech, language, voice,

1swallowing, cognitive and social aspects of communication to
2an appropriate physician for medical evaluation when
3indicated based upon the interpretation of evaluation
4results.

5(10) Additional scope of practice as defined by the
6State Board of Examiners in Speech-Language Pathology and
7Audiology in accordance with the provisions of section 5.

8"Public school entity." A public school district,
9intermediate unit, charter school or cyber charter school.

10"School-based speech-language pathologist." Any person who
11is licensed under this act to engage in the practice of school-
12based speech-language pathology and is a practitioner employed
13by and practicing solely within a public school entity. A person
14is deemed to be or to hold himself out as being a school-based
15speech-language pathologist if the person offers services and
16functions defined under this act as the practice of school-based
17speech-language pathology or offers to treat any disorders that
18may be treated by a licensed school-based speech-language
19pathologist under any title incorporating the terms speech-
20language pathology, speech-language pathologist, speech
21consultant, speech therapist, voice therapist, aphasiologist,
22orofacial myologist, dysphagia therapist or any variation,
23synonym, coinage or similar title that expresses, employs or
24implies these terms, names or functions.

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

1language pathology and is an independent practitioner providing 
2services in hospitals, clinics, public school entities, 
3nonpublic schools, private practices and other settings in which 
4speech language pathology services are relevant. A person is
5deemed to be or to hold himself out as being a speech-language
6pathologist if he offers [such] services and functions defined 
7under this act as the practice of speech-language pathology or 
8offers to treat any disorders that may be treated by a licensed 
9speech-language pathologist under any title incorporating the
10[words speech-language pathologist, speech consultant] terms 
11speech-language pathology, speech-language pathologist, speech
12therapist, [speech correctionist, speech clinician, speech
13specialist, language pathologist, logopedist, communication
14therapist, voice therapist, aphasia therapist, aphasiologist,
15communicologist, or any similar title or description of service]
16voice therapist, aphasiologist, orofacial myologist, dysphagia 
17therapist or any variation, synonym, coinage or similar title 
18that expresses, employs or implies these terms, names or 
19functions.

20* * *

21Section 3. Section 5 of the act, amended October 18, 2000
22(P.L.536, No.71), is amended to read:

23Section 5. Powers and duties of board.

24The board shall have the power and its duties shall be:

25(1) To approve the qualifications and fitness of
26applicants for licensure, and to adopt and revise rules and
27regulations requiring applicants to pass examinations
28relating to their qualifications as a prerequisite to the
29issuance of a license.

30(2) To adopt and revise rules and regulations consistent

1with the law as may be necessary to implement the provisions
2of this act. These rules and regulations shall include, but
3not be limited to, codes of ethics for speech-language
4pathologists, school-based speech-language pathologists,
5audiologists and teachers of the hearing impaired. The codes
6of ethics shall provide further that, whereas speech-language
7pathologists, school-based speech-language pathologists, 
8audiologists and teachers of the hearing impaired provide
9nonmedical and nonsurgical services, medical diagnosis and
10medical treatment by these persons are specifically to be
11considered unethical [and illegal] and outside the scope of 
12practice as defined by this act.

13(3) To examine for, deny, approve, issue, revoke,
14suspend or renew the licenses of speech-language
15[pathologist, audiologist and teacher of the hearing impaired
16applicants] pathologists, school-based speech-language 
17pathologists, audiologists and teachers of the hearing 
18impaired.

19(4) To conduct hearings upon complaints of violations of
20this act and the rules and regulations adopted pursuant to
21this act, and to prosecute and enjoin all such violations.

22(5) To spend funds necessary for the proper performance
23of its assigned duties in accordance with the fiscal and
24other laws of this Commonwealth and upon approval by the
25Commissioner of Professional and Occupational Affairs.

26(6) To waive examination and educational requirements
27and grant a license as provided in sections 6 and 7.

28(7) To establish standards of eligibility for license
29renewal. These standards shall include, but not be limited
30to, the demonstration of satisfactory completion of 20 clock

1hours of continuing education related to the practice of
2speech-language pathology, school-based speech-language 
3pathology, audiology or teaching the hearing impaired in
4accordance with board regulations. No credit may be given for
5courses in office management or practice building. The board
6may waive all or part of the continuing education requirement
7to a licensee who shows to the satisfaction of the board that
8the licensee was unable to complete the requirement due to
9illness, emergency or hardship. The request for a waiver must
10be made in writing, with appropriate documentation, and must
11include a description of the circumstances sufficient to show
12why a licensee is unable to comply with the continuing
13education requirement. Waiver requests shall be evaluated by
14the board on a case-by-case basis. The board shall send the
15licensee written notification of its approval or denial of a
16waiver request. The requirement to demonstrate the
17satisfactory completion of continuing education shall begin
18with the biennial renewal period to be designated by
19regulation of the board and following written notice to
20licensees.

21(8) To promulgate rules and regulations regarding
22persons functioning under the direction of audiologists,
23speech-language pathologists and teachers of the hearing
24impaired.

25(9) To recognize national professional organizations in
26speech-language pathology that have established definitions
27of the practice of speech-language pathology. These
28organizations shall be the same as those recognized by the
29board under the provisions of section 7(b)(2). The board
30shall have the power to review and adopt those definitions to

1be the practical definitions of the practice of speech-
2language pathology and school-based speech-language pathology
3for licensees under the board. If one or more of the
4recognized national professional organizations amends its
5definitions, the amended definitions cannot be added to the
6practice of speech-language pathology or school-based speech-
7language pathology until they have been reviewed and adopted
8by the board through regulation.

9(10) To recognize national accrediting agencies which
10accredit programs of speech-language pathology as specified
11in section 7(a)(1).

12Section 4. Sections 6, 7, 10 and 12 of the act are amended
13to read:

14Section 6. License required; persons and practices not
15affected; exclusions.

16(a) Licenses.--Except as provided in [subsection (b)]
17subsections (b) and (c), no person may practice or hold himself
18out as being able to practice as an audiologist, speech-language
19pathologist, school-based speech language pathologist or teacher
20of the hearing impaired in this Commonwealth unless he holds a
21current, unsuspended, unrevoked license issued by the board.
22Licensure shall be granted separately in speech-language
23pathology, audiology and teaching of the hearing impaired.
24Terminology that approximates audiology, speech-language 
25pathology, school-based speech-language pathology or teaching of 
26the hearing impaired without a current, unsuspended, unrevoked 
27license issued by the board that may confuse the public or 
28falsify the credentials of the individual or company shall 
29constitute a violation of this act.

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

1preventing or restricting:

2(1) Any person licensed or registered in this
3Commonwealth from engaging in the profession or occupation
4for which he is licensed or registered, including:

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

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

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

16(2) A person who holds a valid credential issued by the
17Department of Education in the area of speech or hearing and
18who is employed in public or private elementary and secondary
19schools or institutions chartered by the Commonwealth, or a
20person who is employed by the Commonwealth or the Federal
21Government as a speech-language pathologist, audiologist or
22teacher of the hearing impaired from engaging in his
23profession or occupation, if the person performs his services
24solely within the scope of his employment, or a person
25performing hearing testing under section 1402 of the act of
26March 10, 1949 (P.L.30, No.14), known as the Public School
27Code of 1949.

28(3) The activities of a student or trainee who is
29pursuing a program of study supervised by a person licensed
30under this act or otherwise exempt by this section which lead

1to a degree in audiology, teaching the hearing impaired or
2speech-language pathology at an accredited college or
3university, if such individual is designated by a title
4clearly indicating his student or training status.

5(4) The practice of speech-language pathology, audiology
6or teaching the hearing impaired in this Commonwealth by any
7person not a resident of this Commonwealth who is not
8licensed under this act if the person meets the
9qualifications and requirements for licensure described in
10section 7, or who is licensed under the law of another state
11having licensure requirements determined by the board to be
12at least equivalent to those established by section 7, and if
13the services are performed for no more than five days in any
14calendar year in cooperation with a speech-language
15pathologist, audiologist or teacher of the hearing impaired
16licensed under this act.

17(5) A corporation, partnership, trust, association,
18company or other similar form of organization from engaging
19in the practice of speech-language pathology, audiology or
20teaching the hearing impaired without a license if it employs
21licensed individuals in the direct practice of speech-
22language pathology, audiology or teaching the hearing
23impaired.

24(c) School speech pathology.--No person may provide speech
25pathology services in a public school unless the person has
26obtained and maintains at least one of the following:

27(1) A license from the board to practice as a speech-
28language pathologist.

29(2) A license from the board to practice as a school-
30based speech-language pathologist.

1(3) A certificate or emergency permit from the
2Department of Education to work as a speech pathologist in
3the public schools, provided that the certificate or
4emergency permit was obtained prior to the effective date of
5this subsection and is continuously maintained after that
6date.

7(d) Persons with certificates or emergency permits.--Any
8person qualified to work as a speech pathologist in the public
9schools under subsection (c)(3) may continue to perform such
10work without restriction and may move from one school district
11to another without obtaining a license or provisional license
12from the board so long as the person maintains a certificate or
13emergency permit from the Department of Education.

14Section 7. Requirements for licensure.

15(a) In general.--Except as provided in subsections (b) and
16(c), to be eligible for licensure by the board as a speech-
17language pathologist, school-based speech-language pathologist,
18audiologist or teacher of the hearing impaired, an applicant
19shall pay a fee as established by the board in accordance with
20section 8(a), be of good moral character to the satisfaction of
21the board, pass an examination appropriate for the licensure 
22desired and:

23(1) For the license in speech-language pathology,
24possess a master's degree in speech-language pathology [or
25its equivalent] from an [accredited academic institution]
26academic program accredited by an accrediting agency approved 
27by the board under standards pursuant to this act. In
28addition, the applicant must have at least [one year] nine 
29months of supervised professional experience in the field of
30speech-language pathology[.], including a number of hours in
 

1compliance with standards established by the board.

2(1.1) For the license in school-based speech-language
3pathology, possess a master of education degree with focused
4training in school-based speech-language pathology from an
5accredited academic institution or a master of science degree
6with focused training in school-based speech-language
7pathology from an accredited academic institution. In
8addition, the applicant must possess a certificate issued by
9the Department of Education to work as a speech-language
10pathologist in a public school entity.

11(2) For the license in audiology, possess a master's
12degree in audiology or its equivalent from an accredited
13academic institution. In addition, the applicant must have at
14least one year of supervised professional experience in the
15field of audiology.

16(3) For licensure as a teacher of the hearing impaired,
17possess a master's degree in education of the hearing
18impaired or its equivalent from an accredited academic
19institution. In addition, the applicant must have at least
20one year of supervised professional experience in the field
21of teaching the hearing impaired.

22(b) Waivers.--The board may waive the examination and
23educational requirements for any of the following:

24(1) Applicants who present proof of [current
25certification or licensure] a currently valid license to 
26practice speech-language pathology in a state which has
27standards determined by the board to be at least equal to
28those for licensure in this Commonwealth.

29(2) Applicants who hold a currently valid and
30appropriate Certificate of Clinical Competence from the

1Council of Professional Standards of the American Speech-
2Language and Hearing Association.

3(3) Applicants who hold a currently valid professional
4certificate issued by the Council on Education of the Deaf in
5compliance with its standards for the certification of
6teachers of the hearing impaired and who have completed an
7additional ten graduate academic credits established by the
8board to be appropriate for licensure as a teacher of the
9hearing impaired.

10(4) Applicants who present proof of a current public
11school certification and a master's degree in speech-language
12pathology.

13(c) Requirements for current practitioners.--The board shall
14waive the examination and educational requirements for any
15applicant who, on the effective date of this act:

16(1) has at least a bachelor's degree with a major in
17speech-language pathology, audiology or teaching the hearing
18impaired from an accredited college or university, and who
19has been employed as a speech-language pathologist,
20audiologist or teacher of the hearing impaired for at least
21nine consecutive months within three years prior to the
22effective date of this act; and

23(2) files an application with the board providing bona
24fide proof of the degree and employment together with the
25application fee prescribed in section 8.

26(d) Provisional licenses.--

27(1) The board may, in accordance with the provisions of
28this section, issue a provisional license in speech-language
29pathology to applicants who have met all of the requirements
30for licensure under this act except for the completion of the

1clinical fellowship necessary to receive certification from a
2national credentialing organization as recognized by the
3board pursuant to subsection (b)(2). In order to receive the
4license, the applicant must submit an application for the
5provisional license to the board on a form prescribed by the
6board. The form must indicate the applicant's plans for
7completing the clinical fellowship and must be accompanied by
8an application fee determined by the board. A provisional
9license issued under this section shall be valid for a
10maximum of 18 months and may be renewed one time. The purpose
11of the provisional license is solely to allow individuals to
12practice speech-language pathology under appropriate
13supervision while completing the postgraduate professional
14experience required for certification under subsection (b)
15(2). A person holding a provisional license is authorized to
16practice speech-language pathology only while working under
17the supervision of a person fully licensed in this
18Commonwealth in accordance with this act. A person must
19obtain a provisional license from the board prior to
20beginning a clinical fellowship.

21(2) Any person who is qualified by education, training
22and clinical experience by completing all educational
23requirements and has submitted a completed application for
24full licensure to the board may hold a provisional license
25provided that the provisional license shall only be valid for
26six months from the time of application for the permanent
27license.

28(3) A person holding a valid license in another state to
29practice speech-language pathology and who has applied for a
30license in this Commonwealth under the provisions of this act

1may practice speech-language pathology while working under
2the supervision of a person fully licensed in this
3Commonwealth for no more than 90 days while awaiting approval
4of the license application.

5Section 10. Refusal to issue; revocation; etc.

6The board may refuse to issue and may suspend or revoke a
7license of any person or applicant by a vote of at least a
8majority of the members of the board for any of the following
9reasons:

10(1) The practice of any fraud, misrepresentation or
11concealment in obtaining or attempting to obtain a license or
12renewal thereof.

13(2) A violation of this act or noncompliance with the
14rules and regulations promulgated by the board under this
15act.

16(3) Aiding or abetting any person in the violation of
17this act or noncompliance with the rules and regulations
18promulgated by the board.

19(4) Being convicted of a felony or misdemeanor of the
20first or second degree in any court of the United States or
21of any state within ten years prior to the date of
22application for licensure.

23(5) Unprofessional conduct as defined by the rules and
24regulations adopted by the board.

25(6) The practice of fraud or deceit in connection with
26services rendered as an audiologist, speech-language
27pathologist or teacher of the hearing impaired.

28(7) The speech-language pathologist or school-based 
29speech-language pathologist is unable to practice his 
30profession with reasonable skill and safety because of
 

1illness, drunkenness, excessive use of controlled substances, 
2chemicals or other types of materials or as the result of a 
3mental or physical condition. In enforcing this paragraph, 
4the board shall, upon probable cause, have the authority to 
5compel a licensee to submit to a mental or physical 
6examination as designated by the board. After notice, 
7hearing, adjudication and appeal as provided for in section 
811, failure of a licensee to submit to such examination when 
9directed shall constitute an admission of the allegations 
10against the licensee unless failure is due to circumstances 
11beyond the licensee's control, consequent upon which a 
12default and final order may be entered without the taking of 
13testimony or presentation of evidence. A licensee affected 
14under this paragraph shall at reasonable intervals be 
15afforded an opportunity to demonstrate that the licensee can 
16resume a competent practice of speech-language pathology or 
17school-based speech-language pathology with reasonable skill 
18and safety to patients.

19Section 12. Requirement of a medical examination.

20(a) Medical examination.--Before an audiologist initiates
21aural rehabilitation for an individual, there shall be a medical
22examination verifying that there are no diseases of the ear
23requiring medical or surgical treatment.

24(b) Waiver.--[This section] Subsection (a) does not apply if
25an individual signs a written waiver as set forth in this
26[section] subsection. The waiver must be read and explained in
27such a manner that the individual will be thoroughly aware of
28the consequences of signing the waiver. The waiver form shall
29read as follows:

30I have been advised by (audiologist's name) that the

1Commonwealth of Pennsylvania has determined that my best health
2interest would be served if I had a medical examination by a
3licensed physician before the initiation of aural
4rehabilitation. I do not wish a medical examination before the
5initiation of aural rehabilitation.

6______________________________

7Signature Date

8(c) Referrals.--A speech-language pathologist or school-
9based speech-language pathologist shall refer patients who
10present with suspected medical conditions beyond the scope of
11practice under this act to an appropriate physician within 30
12days for examination.

13Section 5. The act is amended by adding a section to read:

14Section 16.1. Title.

15A licensed speech-language pathologist who holds a doctoral
16degree in speech-language pathology or a related field may use
17the title "Doctor" or "Dr." on written materials only if the
18earned doctoral designation abbreviation accompanies the
19licensee's name. A licensee who is not also licensed to practice
20medicine or osteopathy in this Commonwealth may not attach to
21the licensee's name or use as a title the words or abbreviations
22"Doctor" or "Dr." in contravention of this section, "M.D.,"
23"physician," "surgeon," "D.O." or any word or abbreviation that
24suggests that the licensee practices medicine or osteopathy.

25Section 6. This act shall take effect in 60 days.