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, for requirements for licensure, for application
12and fees, for examinations, for refusal to issue and
13revocation, for requirement of a medical examination, for
14renewal fees and records, for limitation of renewal time and
15new license and for certification to the board; providing for
16use of title; and further providing for enforcement of
17certification to board, for impaired professionals, for
18penalties, for injunction against lawful practice and for
19appropriation.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. The title and sections 1, 2, 3 and 4 of the act
23of December 21, 1984 (P.L.1253, No.238), known as the Speech-
24Language and Hearing Licensure Act, are amended to read:

25An Act

1Regulating the practice of speech-language pathologists[,] and
2audiologists [and teachers of the hearing impaired]; creating
3the State Board of Examiners in Speech-Language [and Hearing]
4Pathology and Audiology with certain powers and duties; and
5prescribing penalties.

6Section 1. Short title.

7This act shall be known and may be cited as the Speech-
8Language [and Hearing] Pathologists and Audiologists Licensure
9Act.

10Section 2. Declaration of policy.

11It is declared to be the policy of the Commonwealth that the 
12practice of speech-language pathology and the practice of 
13audiology are privileges granted to qualified persons and that,
14in order to safeguard the public health, safety and welfare; to
15protect the public from being misled or receiving treatment by
16incompetent, unscrupulous and unauthorized persons; to protect
17the public from unprofessional conduct [on the part of] by
18qualified speech-language pathologists[,] and audiologists [and
19teachers of the hearing impaired]; and to assure the
20availability of the highest possible quality of speech-language
21[and hearing] pathology and audiology services to the
22[communicatively handicapped] people of this Commonwealth, it is
23necessary to [regulate persons offering speech-language and
24hearing services to the public and persons functioning under the
25direction of these specialists] provide regulatory authority 
26over persons offering speech-language pathology and audiology 
27services to the public.

28Section 3. Definitions.

29The following words and phrases when used in this act shall
30have the meanings given to them in this section unless the

1context clearly indicates otherwise:

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

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

<-28"Intraoperative monitoring." The process of continual
29testing and interpreting of results by the use of
30electrodiagnostic modalities to identify and monitor the

1functional integrity of neurological structures to reduce the
2risk of injury and complications related to the nervous system
3during a surgical procedure.

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

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

13(1) prevention of hearing loss by designing,
14implementing and coordinating industrial, school and
15community-based hearing conservation programs;

16(2) identification of dysfunction of hearing, balance
17and other auditory-related systems by developing and
18overseeing hearing and balance-related screening programs for
19persons of all ages, including newborn and school screening
20programs;

21(3) administration of speech or language screening or
22other measures for the purpose of initial identification and
23referral of persons with other communicative disorders;

24(4) assessment and nonmedical diagnosis and treatment of 
25hearing and vestibular disorders through the administration 
26of behavioral, psychoacoustic, electrophysiologic tests of 
27the peripheral and central auditory and vestibular systems 
28using standardized test procedures, including, but not 
29limited to, audiometry, tympanometry, acoustic reflex 
30measures, otoacoustic emissions, auditory evoked potentials,
 

1video and electronystagmography and tests of central auditory 
2function using calibrated instrumentation leading to the 
3diagnosis of auditory and vestibular dysfunction abnormality;

4(5) assessment of candidacy of persons with hearing loss
5for cochlear implants;

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

9(7) selection, fitting, evaluation and dispensing of
10hearing aids and other amplification systems;

11(8) fitting and mapping of cochlear implant devices and
12audiologic rehabilitation to optimize device use;

13(9) fitting of middle ear implantable hearing aids,
14fully implantable hearing aids and bone-anchored hearing
15aids;

16(10) conducting otoscopic examinations;

17(11) nonmedical treatment of persons with tinnitus using 
18techniques including biofeedback, masking, hearing aids, 
19education and counseling;

20(12) counseling on the psychosocial aspects of hearing
21loss and the use of amplification systems;

22(13) administration of electrophysiologic measures of
23neural function, including, but not limited to, sensory and
24motor-evoked potentials, preoperative and postoperative
25evaluation of neural function, neurophysiologic
26intraoperative monitoring of the central nervous system,
27spinal cord and cranial nerve function; and

28(14) referral of persons with auditory and vestibular 
29dysfunction abnormalities to an appropriate physician for 
30medical evaluation when indicated based upon the
 

1interpretation of the audiologic and vestibular test results.

2"Speech-language pathologist." Any person who is qualified
3by training and experience to engage in the practice of the
4evaluation, counseling, habilitation and rehabilitation of
5individuals whose communicative disorders involve the function
6of speech, voice or language. A person is deemed to be or to
7hold himself out as being a speech-language pathologist if he
8offers such services under any title incorporating the words
9speech-language pathologist, speech consultant, speech
10therapist, speech correctionist, speech clinician, speech
11specialist, language pathologist, logopedist, communication
12therapist, voice therapist, aphasia therapist, aphasiologist,
13communicologist, or any similar title or description of service.

14["Teacher of the hearing impaired." Any person who is
15qualified by training and experience to engage in the practice
16of providing evaluation and instruction in curriculum-based
17material and communication skills appropriate for individuals
18whose cognitive and educational development have been affected
19primarily by impaired hearing sensitivity. A person is deemed to
20be or to hold himself out as being a teacher of the hearing
21impaired if he offers such services under any title
22incorporating the words teacher of the hearing impaired, teacher
23of the acoustically handicapped, teacher of the deaf, teacher of
24the acoustically impaired, hearing teacher, teacher of the
25aurally handicapped, hearing tutor, tutor of the auditorily
26impaired, educator of the deaf or any similar title or
27description of service.]

28Section 4. Creation of board; appointment and term of members;
29officers.

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

1administrative board to be known as the State Board of Examiners
2in Speech-Language [and Hearing] Pathology and Audiology which
3shall be in the Bureau of Professional and Occupational Affairs
4of the Department of State. It shall consist of [ten] eight
5members, [nine] seven of whom shall be appointed by the
6Governor, by and with the advice and consent of a majority of
7the members elected to the Senate, who shall be residents of
8Pennsylvania for a three-year period immediately prior to
9appointment. The Commissioner of Professional and Occupational
10Affairs shall serve in his official capacity as the [tenth] 
11eighth member of the board. [At the first meeting, the appointed
12members shall determine, by lot, three members to serve three-
13year terms, three members to serve two-year terms and three
14members to serve one-year terms, with the exception of the
15commissioner.]

16(b) Vacancies.--When the term of each appointed member of
17the board ends, the Governor shall appoint his successor for a
18term of three years, by and with the advice and consent of a
19majority of the members elected to the Senate. Any appointive
20vacancy occurring on the board shall be filled by the Governor
21by appointment for the unexpired term, by and with the advice
22and consent of a majority of the members elected to the Senate.
23Board members shall continue to serve until their successors are
24appointed and qualified but not longer than six months beyond
25the three-year period.

26(c) Qualifications of board.--The board shall consist of the
27Commissioner of the Bureau of Professional and Occupational
28Affairs, one member who at the time of appointment is engaged in
29rendering professional services in speech-language pathology,
30one member who at the time of appointment is engaged in

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

29(d) Reappointment.--A member of the board shall be eligible
30for reappointment. A member shall not be appointed to serve more

1than two consecutive terms.

2(e) Compensation; expenses.--The members of the board, other
3than the Commissioner of Professional and Occupational Affairs,
4shall receive reimbursement for reasonable travel, hotel and
5other necessary expenses and $60 per diem when actually engaged
6in the performance of their official duties.

7(f) Meetings of board.--The board shall hold a meeting
8within 150 days after the effective date of this act and
9annually thereafter in the month prescribed by the board and
10elect a chairman, vice chairman and secretary who shall be
11members of the board. The board shall meet at such other times
12as deemed necessary and advisable by the chairman or by a
13majority of its members. Reasonable notice of all meetings shall
14be given in the manner prescribed by the board. A majority of
15the board shall constitute a quorum at any meeting or hearing.

16(g) Forfeiture.--A member of the board who fails to attend 
17three consecutive meetings shall forfeit his seat unless the 
18Commissioner of Professional and Occupational Affairs, upon 
19written request from the member, finds that the member should be 
20excused from a meeting because of illness or the death of an 
21immediate family member.

22Section 2. Section 5 of the act, amended October 18, 2000
23(P.L.536, No.71), is amended to read:

24Section 5. Powers and duties of board.

25The board shall have the power and its duties shall be:

26(1) To approve the qualifications and fitness of
27applicants for licensure, and to adopt and revise rules and
28regulations requiring applicants to pass examinations
29relating to their qualifications as a prerequisite to the
30issuance of a license.

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

12(3) To examine for, deny, approve, issue, revoke,
13suspend or renew the licenses of speech-language
14pathologist[, audiologist and teacher of the hearing
15impaired] and audiologist applicants, and provisional 
16licenses for audiologists.

17(4) To conduct hearings upon complaints of violations of
18this act and the rules and regulations adopted pursuant to
19this act, and to prosecute and enjoin all such violations.

20(5) To spend funds necessary for the proper performance
21of its assigned duties in accordance with the fiscal and
22other laws of this Commonwealth and upon approval by the
23Commissioner of Professional and Occupational Affairs.

24(6) To waive examination and educational requirements
25and grant a license as provided in sections 6 and 7.

26(7) To establish standards of eligibility for license
27renewal. These standards shall include, but not be limited
28to, the demonstration of satisfactory completion of 20 clock
29hours of continuing education related to the practice of
30speech-language pathology[, audiology or teaching the hearing

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

18(8) To promulgate rules and regulations regarding
19persons functioning under the direction of audiologists[,] or
20speech-language pathologists [and teachers of the hearing
21impaired].

22(9) To recognize national professional organizations in
23audiology that have established definitions of the practice
24of audiology. These organizations shall be the same as those
25recognized by the board under the provisions of section 7(b)
26(2). The board shall have the power to adopt those
27definitions to be the practical definitions of the practice
28of audiology for licensees under the board. If one or more of
29the recognized national professional organizations amends its
30definition, the amended definition cannot be added to the

1practice of audiology until it has been adopted by the board
2through regulation.

3(10) To recognize national accrediting agencies which
4accredit programs of audiology as specified in section
57(a)(2).

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

8Section 6. License required; persons and practices not
9affected; exclusions.

10(a) Licenses.--Except as provided in subsection (b), no
11person may practice or hold himself out as being able to
12practice as an audiologist[,] or speech-language pathologist [or
13teacher of the hearing impaired] in this Commonwealth unless he
14holds a current, unsuspended, unrevoked license issued by the
15board. Licensure shall be granted separately in speech-language
16pathology[,] or audiology [and teaching of the hearing
17impaired].

18(b) Exclusions.--Nothing in this act shall be construed as
19preventing or restricting:

20(1) Any person licensed or registered in this
21Commonwealth from engaging in the profession or occupation
22for which he is licensed or registered, including:

23(i) A physician or surgeon engaged in the practice
24of medicine.

25(ii) A licensed physician or surgeon or a trained
26individual under the direction of a licensed physician
27doing hearing testing in the office or clinic of the
28physician.

29(iii) A hearing aid fitter engaged in the business
30of selling and fitting hearing aids, and a hearing aid

1dealer engaged in the sale of hearing aids, as provided
2in the act of November 24, 1976 (P.L.1182, No.262), known
3as the Hearing Aid Sales Registration Law.

4(2) A person who holds a valid credential issued by the
5Department of Education in the area of speech or hearing and
6who is employed in public or private elementary and secondary
7schools or institutions chartered by the Commonwealth, or a
8person who is employed by the Commonwealth or the Federal
9Government as a speech-language pathologist[,] or audiologist 
10[or teacher of the hearing impaired] from engaging in his
11profession or occupation, if the person performs his services
12solely within the scope of his employment, or a person
13performing hearing testing under section 1402 of the act of
14March 10, 1949 (P.L.30, No.14), known as the Public School
15Code of 1949.

16(3) The activities of a student or trainee who is
17pursuing a program of study supervised by a person licensed
18under this act or otherwise exempt by this section which lead
19to a degree in audiology[, teaching the hearing impaired] or
20speech-language pathology [at] from an accredited college or
21university, if such individual is designated by a title
22clearly indicating his student or training status.

23(4) The practice of speech-language pathology, audiology
24or teaching the hearing impaired in this Commonwealth by any
25person not a resident of this Commonwealth who is not
26licensed under this act if the person meets the
27qualifications and requirements for licensure described in
28section 7, or who is licensed under the law of another state
29having licensure requirements determined by the board to be
30at least equivalent to those established by section 7, and if

1the services are performed for no more than five days in any
2calendar year in cooperation with a speech-language 
3pathologist[,] or audiologist [or teacher of the hearing 
4impaired] licensed under this act.

5(5) A corporation, partnership, trust, association,
6company or other similar form of organization from engaging
7in the practice of speech-language pathology[,] or audiology 
8[or teaching the hearing impaired] without a license if it
9employs licensed individuals in the direct practice of
10speech-language pathology[,] or audiology [or teaching the 
11hearing impaired].

12Section 7. Requirements for licensure.

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

20(1) For the license in speech-language pathology,
21possess a master's degree in speech-language pathology or its
22equivalent from an accredited academic institution. In
23addition, the applicant must have at least one year of
24supervised professional experience in the field of speech-
25language pathology.

26(2) For the license in audiology, possess a master's
27degree or doctoral degree in audiology [or its equivalent]
28from an [accredited academic institution. In addition, the
29applicant] academic program accredited by an accrediting 
30agency approved by the board and the United States Department
 

1of Education or the Council for Higher Education 
2Accreditation under standards pursuant to this act. Master's 
3degree applicants must have at least [one year] nine months
4of supervised professional experience in the field of
5audiology. Beginning January 1, 2014, all new applicants must 
6possess a doctoral degree in audiology as determined by the 
7board.

8[(3) For licensure as a teacher of the hearing impaired,
9possess a master's degree in education of the hearing
10impaired or its equivalent from an accredited academic
11institution. In addition, the applicant must have at least
12one year of supervised professional experience in the field
13of teaching the hearing impaired.]

14(b) Waivers.--The board may waive the examination and
15educational requirements for any of the following:

16(1) Applicants who present proof of [current
17certification or licensure] a currently valid license to 
18practice audiology in a state which has standards determined
19by the board to be at least equal to those for licensure in
20this Commonwealth.

21(2) Applicants who hold a currently valid and
22appropriate Certificate of Clinical Competence from the
23Council [of Professional Standards] for Clinical 
24Certification of the American [Speech-Language and Hearing]
25Speech-Language-Hearing Association or certification from a 
26national credentialing organization that is recognized by the 
27board from standards pursuant to this act. Notice of 
28standards shall be published in the Pennsylvania Bulletin.

29[(3) Applicants who hold a currently valid professional
30certificate issued by the Council on Education of the Deaf in

1compliance with its standards for the certification of
2teachers of the hearing impaired and who have completed an
3additional ten graduate academic credits established by the
4board to be appropriate for licensure as a teacher of the
5hearing impaired.]

6(c) Requirements for current practitioners.--The board shall
7waive the examination and educational requirements for any
8applicant who, on the effective date of this act:

9(1) has at least a bachelor's degree with a major in
10speech-language pathology[,] or a master's degree in
11audiology [or teaching the hearing impaired] from an
12accredited college or university, and who has been employed
13as a speech-language pathologist[,] or audiologist [or 
14teacher of the hearing impaired] for at least nine
15consecutive months within three years prior to the effective
16date of this act; and

17(2) files an application with the board providing bona
18fide proof of the degree and employment together with the
19application fee prescribed in section 8.

20(d) Provisional licenses.--

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

1the applicant must submit an application for the provisional 
2license to the board on a form prescribed by the board. The 
3form must indicate the applicant's plans for completing the 
4clinical fellowship and must be accompanied by an application 
5fee determined by the board. A provisional license issued 
6under this section shall be valid for a maximum of 18 months 
7and may be renewed one time. The purpose of the provisional 
8license is solely to allow individuals to practice audiology 
9under appropriate supervision while completing the 
10postgraduate professional experience required for 
11certification under section 7(b)(2). A person holding a 
12provisional license is authorized to practice audiology only 
13while working under the supervision of a person fully 
14licensed in this Commonwealth in 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 audiology and who has applied for a license in this 
23Commonwealth under the provisions of this act may practice 
24audiology while working under the supervision of a person 
25fully licensed in this Commonwealth for not more than 90 days 
26while awaiting approval of the license application.

27Section 8. Application and fees.

28(a) Fee.--An application for [examination and] license shall
29be accompanied by a nonrefundable application [and examination]
30fee in an amount established by the board by regulation and

1shall be subject to review in accordance with the act of June
225, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
3If the revenues generated by fees, fines and civil penalties
4imposed in accordance with the provisions of this act are not
5sufficient to match expenditures over a two-year period, the
6board shall increase those fees by regulation, subject to review
7in accordance with the Regulatory Review Act, such that the
8projected revenues will meet or exceed projected expenditures.
9If the Bureau of Professional and Occupational Affairs
10determines that fees established by the board are inadequate to
11meet the minimum enforcement efforts required, then the bureau,
12after consultation with the board, shall increase the fees by
13regulation, subject to review in accordance with the Regulatory
14Review Act, such that adequate revenues are raised to meet the
15required enforcement effort.

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

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

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

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

<-1Section 4. The act is amended by adding a section to read:

2Section 8.1. Requirements of licensure for audiologists
3utilizing intraoperative monitoring.

4The board shall certify an audiologist who has demonstrated
5his competence in the field of intraoperative monitoring as
6prescribed in this section if he complies with the following:

7(1) is board certified through a national accrediting
8organization, as determined by the board; or

9(2) has completed doctorate level coursework consisting
10of credits in neuroanatomy, neurophysiology and other
11intraoperative monitoring-related subjects, offered by an
12accredited Doctor of Audiology program along with having
13completed clinical instruction in intraoperative monitoring
14as determined by the board.

15Section <-4 5. Section 9 of the act is repealed:

16[Section 9. Examinations.

17(a) Preparation of examinations.--All written examinations
18shall be prepared and administered by a qualified professional
19testing organization under contract with the Bureau of
20Professional and Occupational Affairs and approved by the board,
21except that national uniform examinations or grading services or
22both shall be used if available. No board member shall have a
23financial interest in a professional testing organization. This
24section shall not apply to any oral, practical or other
25nonwritten examination which may be required by the board.

26(b) Cost of examinations.--The purpose of the examination
27fee which is to be established in accordance with section 8(a)
28is to insure that the applicant's fees cover the entire cost of
29the examination and administration. Cost is all contractual
30charges relating to the preparing, administering, grading and

1recording of the examination.]

2Section <-5 6. Section 10 of the act is amended by adding a
3paragraph to read:

4Section 10. Refusal to issue; revocation; etc.

5The board may refuse to issue and may suspend or revoke a
6license of any person or applicant by a vote of at least a
7majority of the members of the board for any of the following
8reasons:

9* * *

10(7) The audiologist is unable to practice his profession 
11with reasonable skill and safety because of illness, 
12drunkenness, excessive use of controlled substances, 
13chemicals or other types of materials or as the result of a 
14mental or physical condition. In enforcing this paragraph, 
15the board shall, upon probable cause, have the authority to 
16compel a licensee to submit to a mental or physical 
17examination as designated by the board. After notice, 
18hearing, adjudication and appeal as provided for in section 
1911, failure of a licensee to submit to such examination when 
20directed shall constitute an admission of the allegations 
21against him unless failure is due to circumstances beyond his 
22control, consequent upon which a default and final order may 
23be entered without the taking of testimony or presentation of 
24evidence. A licensee affected under this paragraph shall at 
25reasonable intervals be afforded an opportunity to 
26demonstrate that he or she can resume a competent practice of 
27audiology with reasonable skill and safety to patients.

28Section <-6 7. Sections 12 and 14 of the act are amended to
29read:

30Section 12. Requirement of a medical examination.

1[(a) Medical examination.--Before an audiologist initiates
2aural rehabilitation for an individual, there shall be a medical
3examination verifying that there are no diseases of the ear
4requiring medical or surgical treatment.

5(b) Waiver.--This section does not apply if an individual
6signs a written waiver as set forth in this section. The waiver
7must be read and explained in such a manner that the individual
8will be thoroughly aware of the consequences of signing the
9waiver. The waiver form shall read as follows:

10I have been advised by (audiologist's name) that the
11Commonwealth of Pennsylvania has determined that my best health
12interest would be served if I had a medical examination by a
13licensed physician before the initiation of aural
14rehabilitation. I do not wish a medical examination before the
15initiation of aural rehabilitation.

16______________________________

17Signature               Date]

18An audiologist shall refer patients who present with 
19suspected medical conditions beyond the scope of practice under 
20this act for medical evaluation to an appropriate physician 
21within 30 days.

22Section 14. [Limitation of renewal time; new license] Continued 
23competency.

24[Any person who fails to renew his license within five years
25after the date of its expiration may not renew it, and it may
26not be restored, reissued or reinstated thereafter, but the
27person may apply for and obtain a new license if he meets the
28requirements of this act] A renewal of a license shall not be 
29granted more than five years after its expiration. A license 
30shall be renewed after the five-year period only after a
 

1licensee has assured continued competency to practice audiology 
2in accordance with regulations established by the board.

3Section <-7 8. The act is amended by adding a section to read:

4Section 16.1. Title.

5A licensed audiologist who holds a doctoral degree in
6audiology or a related field may use the title "Doctor" or "Dr."
7on written materials only if the earned doctoral designation
8abbreviation accompanies the licensee's name. A licensee who is
9not also licensed to practice medicine or osteopathy in this
10Commonwealth may not attach to his name or use as a title the
11words or abbreviations "Doctor" or "Dr." in contravention of
12this section, "M.D.," "physician," "surgeon," "D.O." or any word
13or abbreviation that suggests that the licensee practices
14medicine or osteopathy.

15Section <-8 9. Sections 18 and 19 of the act are amended to
16read:

17Section 18. Penalties.

18(a) Whoever violates any provision of this act is guilty of
19a misdemeanor, shall be prosecuted by the board or its agents
20and, upon conviction, shall be sentenced to imprisonment for not
21more than six months or to pay a fine of not less than $100 nor
22more than $1,000, or both. Each violation shall be deemed a
23separate offense. Fines collected under the provisions of this
24act shall be paid into the State Treasury for the use of the
25Commonwealth.

26(b) In addition to any other civil remedy or criminal
27penalty provided for in this act, the board, by a vote of the
28majority of the maximum number of the authorized membership of
29the board as provided by law, may levy a civil penalty of up to
30$10,000 on any current licensee who violates any provision of

1this act, or on any person who practices as a speech-language
2pathologist or audiologist or holds himself forth as a speech-
3language pathologist or audiologist without being properly
4licensed to do so under this act. The board shall levy this
5penalty only after affording the accused party the opportunity
6for a hearing as provided in 2 Pa.C.S. (relating to
7administrative law and procedure).

8Section 19. Injunction against unlawful practice.

9[After 12 months from the effective date of this act, it] It
10shall be unlawful for any person to practice or attempt to offer
11to practice audiology[,] or speech-language pathology [or
12teaching the hearing impaired] without holding a valid unrevoked
13and unsuspended license issued under this act. The unlawful
14practice of audiology[,] or speech-language pathology [or
15teaching the hearing impaired] may be enjoined by the courts on
16petition of the board or its agents. In any proceeding it shall
17not be necessary to show that any person is individually injured
18by the complained of actions. If the respondent is found guilty
19of the unlawful practice, the court shall enjoin him from
20practicing until he has been duly licensed. Procedure in these
21cases shall be the same as in any other injunction suit. The
22remedy by injunction is in addition to criminal prosecution and
23punishment.

24Section <-9 10. Section 20 of the act is repealed:

25[Section 20. Appropriation.

26The sum of $75,000, or as much thereof as may be necessary,
27is hereby appropriated from the Professional Licensure
28Augmentation Account within the General Fund to the Bureau of
29Professional and Occupational Affairs in the Department of State
30for the establishment and operation of the State Board of

1Examiners in Speech-Language and Hearing. The appropriation
2granted shall be repaid by the board within three years of the
3beginning of issuance of licenses by the board.]

4Section <-10 11. Within 30 days of the effective date of this
5section, the State Board of Examiners in Speech-Language
6Pathology and Audiology shall meet and reorganize in such a
7manner that the board position of teacher of the hearing
8impaired and the board position of physician who is not an
9otolaryngologist are abolished.

10Section <-11 12. This act shall take effect in 60 days.