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<-, and for
12application and fees<-,; providing for certification for 
13audiologists using intraoperative monitoring; further 
14providing for examinations, for refusal to issue and
15revocation, for requirement of a medical examination, for
16renewal fees and records, for limitation of renewal time and
17new license and for certification to the board; providing for
18use of title; and further providing for enforcement of
19certification to board, for impaired professionals, for
20penalties, for injunction against lawful practice and for
21appropriation.

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

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

1An Act

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

7Section 1. Short title.

8This act shall be known and may be cited as the Speech-
9Language [and Hearing] Pathologists and Audiologists Licensure
10Act.

11Section 2. Declaration of policy.

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

29Section 3. Definitions.

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

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

3"Audiologist." Any person who is qualified by [training and
4experience] education, training and clinical experience and is 
5licensed under this act to engage in the practice of [the
6evaluation, counseling, habilitation and rehabilitation of
7individuals whose communicative disorders center in whole or in
8part in the hearing function. For the purposes of this paragraph
9the words "habilitation" and "rehabilitation" include, but are
10not limited to, hearing aid evaluation, fitting, recommendation,
11speech reading, auditory training and similar activities. A
12person is deemed to be or to hold himself out as being an
13audiologist if he offers such services to the public under any
14title incorporating the words audiology, audiologist,
15audiological consultant, aural rehabilitationist, hearing
16audiologist or any similar title or description of service]
17audiology. The audiologist is an independent practitioner 
18providing services in hospitals, clinics, schools, private 
19practices and other settings in which audiologic services are 
20relevant. A person is deemed to be, or to hold himself out as 
21being, an audiologist if he offers such services to the public 
22under any title incorporating the terms "audiology," 
23"audiologist," "audiological consultant," "hearing aid 
24audiologist" or any variation, synonym, coinage or similar title 
25that expresses, employs or implies these terms, names or 
26functions.

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

29"Intraoperative monitoring." The process of continual
30testing and interpreting of results by the use of

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

5"Person." Any individual, organization, association,
6partnership, company, trust or corporate body, except that [any]
7only individuals can be licensed under this act. Any reference
8in this act to a licensed person shall mean a natural individual
9person.

10"Practice of audiology." The application of principles,
11methods and procedures related to disorders of the auditory and
12vestibular systems. Areas of audiology practice include the
13following:

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

17(2) identification of dysfunction of hearing, balance
18and other auditory-related systems by developing and
19overseeing hearing and balance-related screening programs for
20persons of all ages, including newborn and school screening
21programs;

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

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

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

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

7(6) nonmedical treatment for persons with impairment of 
8auditory function utilizing amplification and other assistive 
9devices;

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

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

14(9) fitting of middle ear implantable hearing aids,
15fully implantable hearing aids and bone-anchored hearing
16aids;

17(10) conducting otoscopic examinations;

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

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

23(13) administration of electrophysiologic measures of
24neural function, including, but not limited to, sensory and
25motor-evoked potentials, preoperative and postoperative
26evaluation of neural function, neurophysiologic
27intraoperative monitoring of the central nervous system,
28spinal cord and cranial nerve function; and

29(14) referral of persons with auditory and vestibular 
30dysfunction abnormalities to an appropriate physician for
 

1medical evaluation when indicated based upon the 
2interpretation of the audiologic and vestibular test results.

3"Speech-language pathologist." Any person who is qualified
4by training and experience to engage in the practice of the
5evaluation, counseling, habilitation and rehabilitation of
6individuals whose communicative disorders involve the function
7of speech, voice or language. A person is deemed to be or to
8hold himself out as being a speech-language pathologist if he
9offers such services under any title incorporating the words
10speech-language pathologist, speech consultant, speech
11therapist, speech correctionist, speech clinician, speech
12specialist, language pathologist, logopedist, communication
13therapist, voice therapist, aphasia therapist, aphasiologist,
14communicologist, or any similar title or description of service.

15["Teacher of the hearing impaired." Any person who is
16qualified by training and experience to engage in the practice
17of providing evaluation and instruction in curriculum-based
18material and communication skills appropriate for individuals
19whose cognitive and educational development have been affected
20primarily by impaired hearing sensitivity. A person is deemed to
21be or to hold himself out as being a teacher of the hearing
22impaired if he offers such services under any title
23incorporating the words teacher of the hearing impaired, teacher
24of the acoustically handicapped, teacher of the deaf, teacher of
25the acoustically impaired, hearing teacher, teacher of the
26aurally handicapped, hearing tutor, tutor of the auditorily
27impaired, educator of the deaf or any similar title or
28description of service.]

29Section 4. Creation of board; appointment and term of members;
30officers.

1(a) Board created.--There is hereby created a departmental
2administrative board to be known as the State Board of Examiners
3in Speech-Language [and Hearing] Pathology and Audiology which
4shall be in the Bureau of Professional and Occupational Affairs
5of the Department of State. It shall consist of [ten] eight
6members, [nine] seven of whom shall be appointed by the
7Governor, by and with the advice and consent of a majority of
8the members elected to the Senate, who shall be residents of
9Pennsylvania for a three-year period immediately prior to
10appointment. The Commissioner of Professional and Occupational
11Affairs shall serve in his official capacity as the [tenth] 
12eighth member of the board. [At the first meeting, the appointed
13members shall determine, by lot, three members to serve three-
14year terms, three members to serve two-year terms and three
15members to serve one-year terms, with the exception of the
16commissioner.]

17(b) Vacancies.--When the term of each appointed member of
18the board ends, the Governor shall appoint his successor for a
19term of three years, by and with the advice and consent of a
20majority of the members elected to the Senate. Any appointive
21vacancy occurring on the board shall be filled by the Governor
22by appointment for the unexpired term, by and with the advice
23and consent of a majority of the members elected to the Senate.
24Board members shall continue to serve until their successors are
25appointed and qualified but not longer than six months beyond
26the three-year period.

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

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

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

1for reappointment. A member shall not be appointed to serve more
2than two consecutive terms.

3(e) Compensation; expenses.--The members of the board, other
4than the Commissioner of Professional and Occupational Affairs,
5shall receive reimbursement for reasonable travel, hotel and
6other necessary expenses and $60 per diem when actually engaged
7in the performance of their official duties.

8(f) Meetings of board.--The board shall hold a meeting
9within 150 days after the effective date of this act and
10annually thereafter in the month prescribed by the board and
11elect a chairman, vice chairman and secretary who shall be
12members of the board. The board shall meet at such other times
13as deemed necessary and advisable by the chairman or by a
14majority of its members. Reasonable notice of all meetings shall
15be given in the manner prescribed by the board. A majority of
16the board shall constitute a quorum at any meeting or hearing.

17(g) Forfeiture.--A member of the board who fails to attend 
18three consecutive meetings shall forfeit his seat unless the 
19Commissioner of Professional and Occupational Affairs, upon 
20written request from the member, finds that the member should be 
21excused from a meeting because of illness or the death of an 
22immediate family member.

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

25Section 5. Powers and duties of board.

26The board shall have the power and its duties shall be:

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

1issuance of a license.

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

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

18(4) To conduct hearings upon complaints of violations of
19this act and the rules and regulations adopted pursuant to
20this act, and to prosecute and enjoin all such violations.

21(5) To spend funds necessary for the proper performance
22of its assigned duties in accordance with the fiscal and
23other laws of this Commonwealth and upon approval by the
24Commissioner of Professional and Occupational Affairs.

25(6) To waive examination and educational requirements
26and grant a license as provided in sections 6 and 7.

27(7) To establish standards of eligibility for license
28renewal. These standards shall include, but not be limited
29to, the demonstration of satisfactory completion of 20 clock
30hours of continuing education related to the practice of

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

19(8) To promulgate rules and regulations regarding
20persons functioning under the direction of audiologists[,] or
21speech-language pathologists [and teachers of the hearing
22impaired].

23(9) To recognize national professional organizations in
24audiology that have established definitions of the practice
25of audiology. These organizations shall be the same as those
26recognized by the board under the provisions of section 7(b)
27(2). The board shall have the power to adopt those
28definitions to be the practical definitions of the practice
29of audiology for licensees under the board. If one or more of
30the recognized national professional organizations amends its

1definition, the amended definition cannot be added to the
2practice of audiology until it has been adopted by the board
3through regulation.

4(10) To recognize national accrediting agencies which
5accredit programs of audiology as specified in section
67(a)(2).

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

9Section 6. License required; persons and practices not
10affected; exclusions.

11(a) Licenses.--Except as provided in subsection (b), no
12person may practice or hold himself out as being able to
13practice as an audiologist[,] or speech-language pathologist [or
14teacher of the hearing impaired] in this Commonwealth unless he
15holds a current, unsuspended, unrevoked license issued by the
16board. Licensure shall be granted separately in speech-language
17pathology[,] or audiology [and teaching of the hearing
18impaired].

19(b) Exclusions.--Nothing in this act shall be construed as
20preventing or restricting:

21(1) Any person licensed or registered in this
22Commonwealth from engaging in the profession or occupation
23for which he is licensed or registered, including:

24(i) A physician or surgeon engaged in the practice
25of medicine.

26(ii) A licensed physician or surgeon or a trained
27individual under the direction of a licensed physician
28doing hearing testing in the office or clinic of the
29physician.

30(iii) A hearing aid fitter engaged in the business

1of selling and fitting hearing aids, and a hearing aid
2dealer engaged in the sale of hearing aids, as provided
3in the act of November 24, 1976 (P.L.1182, No.262), known
4as the Hearing Aid Sales Registration Law.

5(2) A person who holds a valid credential issued by the
6Department of Education in the area of speech or hearing and
7who is employed in public or private elementary and secondary
8schools or institutions chartered by the Commonwealth, or a
9person who is employed by the Commonwealth or the Federal
10Government as a speech-language pathologist[,] or audiologist 
11[or teacher of the hearing impaired] from engaging in his
12profession or occupation, if the person performs his services
13solely within the scope of his employment, or a person
14performing hearing testing under section 1402 of the act of
15March 10, 1949 (P.L.30, No.14), known as the Public School
16Code of 1949.

17(3) The activities of a student or trainee who is
18pursuing a program of study supervised by a person licensed
19under this act or otherwise exempt by this section which lead
20to a degree in audiology[, teaching the hearing impaired] or
21speech-language pathology [at] from an accredited college or
22university, if such individual is designated by a title
23clearly indicating his student or training status.

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

1board to be at least equivalent to those established by
2section 7, and if the services are performed for no more than
3five days in any calendar year in cooperation with a speech-
4language pathologist[,] or audiologist [or teacher of the 
5hearing impaired] licensed under this act.

6(5) A corporation, partnership, trust, association,
7company or other similar form of organization from engaging
8in the practice of speech-language pathology[,] or audiology 
9[or teaching the hearing impaired] without a license if it
10employs licensed individuals in the direct practice of
11speech-language pathology[,] or audiology [or teaching the 
12hearing impaired].

13Section 7. Requirements for licensure.

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

21(1) For the license in speech-language pathology,
22possess a master's degree in speech-language pathology or its
23equivalent from an accredited academic institution. In
24addition, the applicant must have at least one year of
25supervised professional experience in the field of speech-
26language pathology.

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

1agency approved by the board and the United States Department 
2of Education or the Council for Higher Education 
3Accreditation under standards pursuant to this act. Master's 
4degree applicants must have at least [one year] nine months
5of supervised professional experience in the field of
6audiology. Beginning January 1, 2014, all new applicants must 
7possess a doctoral degree in audiology as determined by the 
8board.

9[(3) For licensure as a teacher of the hearing impaired,
10possess a master's degree in education of the hearing
11impaired or its equivalent from an accredited academic
12institution. In addition, the applicant must have at least
13one year of supervised professional experience in the field
14of teaching the hearing impaired.]

15(b) Waivers.--The board may waive the examination and
16educational requirements for any of the following:

17(1) Applicants who present proof of [current
18certification or licensure] a currently valid license to 
19practice audiology in a state which has standards determined
20by the board to be at least equal to those for licensure in
21this Commonwealth.

22(2) Applicants who hold a currently valid and
23appropriate Certificate of Clinical Competence from the
24Council [of Professional Standards] for Clinical 
25Certification of the American [Speech-Language and Hearing]
26Speech-Language-Hearing Association or certification from a 
27national credentialing organization that is recognized by the 
28board from standards pursuant to this act. Notice of 
29standards shall be published in the Pennsylvania Bulletin.

30[(3) Applicants who hold a currently valid professional

1certificate issued by the Council on Education of the Deaf in
2compliance with its standards for the certification of
3teachers of the hearing impaired and who have completed an
4additional ten graduate academic credits established by the
5board to be appropriate for licensure as a teacher of the
6hearing impaired.]

7(c) Requirements for current practitioners.--The board shall
8waive the examination and educational requirements for any
9applicant who, on the effective date of this act:

10(1) has at least a bachelor's degree with a major in
11speech-language pathology[,] or a master's degree in
12audiology [or teaching the hearing impaired] from an
13accredited college or university, and who has been employed
14as a speech-language pathologist[,] or audiologist [or 
15teacher of the hearing impaired] for at least nine
16consecutive months within three years prior to the effective
17date of this act; and

18(2) files an application with the board providing bona
19fide proof of the degree and employment together with the
20application fee prescribed in section 8.

21(d) Provisional licenses.--

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

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

16(2) Any person who is qualified by education, training
17and clinical experience by completing all educational
18requirements, including the externship of an Au.D. Program
19may hold a provisional license, provided that the provisional
20license shall only be valid for six months from the time of
21application for the permanent license.

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

28Section 8. Application and fees.

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

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

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

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

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

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

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

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

3Section 8.1. <-Requirements of licensure Certification for
4audiologists utilizing intraoperative monitoring.

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

8(1) is board certified through a national accrediting
9organization, as determined by the board; or

10(2) has completed doctorate level coursework consisting
11of credits in neuroanatomy, neurophysiology and other
12intraoperative monitoring-related subjects, offered by an
13accredited Doctor of Audiology program along with having
14completed clinical instruction in intraoperative monitoring
15as determined by the board.

16Section 5. Section 9 of the act is repealed:

17[Section 9. Examinations.

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

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

1charges relating to the preparing, administering, grading and
2recording of the examination.]

3Section 6. Section 10 of the act is amended by adding a
4paragraph to read:

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* * *

11(7) The audiologist is unable to practice his profession 
12with reasonable skill and safety because of illness, 
13drunkenness, excessive use of controlled substances, 
14chemicals or other types of materials or as the result of a 
15mental or physical condition. In enforcing this paragraph, 
16the board shall, upon probable cause, have the authority to 
17compel a licensee to submit to a mental or physical 
18examination as designated by the board. After notice, 
19hearing, adjudication and appeal as provided for in section 
2011, failure of a licensee to submit to such examination when 
21directed shall constitute an admission of the allegations 
22against him unless failure is due to circumstances beyond his 
23control, consequent upon which a default and final order may 
24be entered without the taking of testimony or presentation of 
25evidence. A licensee affected under this paragraph shall at 
26reasonable intervals be afforded an opportunity to 
27demonstrate that he or she can resume a competent practice of 
28audiology with reasonable skill and safety to patients.

29Section 7. Sections 12 and 14 of the act are amended to
30read:

1Section 12. Requirement of a medical examination.

2[(a) Medical examination.--Before an audiologist initiates
3aural rehabilitation for an individual, there shall be a medical
4examination verifying that there are no diseases of the ear
5requiring medical or surgical treatment.

6(b) Waiver.--This section does not apply if an individual
7signs a written waiver as set forth in this section. The waiver
8must be read and explained in such a manner that the individual
9will be thoroughly aware of the consequences of signing the
10waiver. The waiver form shall read as follows:

11I have been advised by (audiologist's name) that the
12Commonwealth of Pennsylvania has determined that my best health
13interest would be served if I had a medical examination by a
14licensed physician before the initiation of aural
15rehabilitation. I do not wish a medical examination before the
16initiation of aural rehabilitation.

17______________________________

18Signature Date]

19An audiologist shall refer patients who present with 
20suspected medical conditions beyond the scope of practice under 
21this act for medical evaluation to an appropriate physician 
22within 30 days.

23Section 14. [Limitation of renewal time; new license] Continued 
24competency.

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

1shall be renewed after the five-year period only after a 
2licensee has assured continued competency to practice audiology 
3in accordance with regulations established by the board.

4Section 8. The act is amended by adding a section to read:

5Section 16.1. Title.

6A licensed audiologist who holds a doctoral degree in
7audiology or a related field may use the title "Doctor" or "Dr."
8on written materials only if the earned doctoral designation
9abbreviation accompanies the licensee's name. A licensee who is
10not also licensed to practice medicine or osteopathy in this
11Commonwealth may not attach to his name or use as a title the
12words or abbreviations "Doctor" or "Dr." in contravention of
13this section, "M.D.," "physician," "surgeon," "D.O." or any word
14or abbreviation that suggests that the licensee practices
15medicine or osteopathy.

16Section 9. Sections 18 and 19 of the act are amended to
17read:

18Section 18. Penalties.

19(a) Whoever violates any provision of this act is guilty of
20a misdemeanor, shall be prosecuted by the board or its agents
21and, upon conviction, shall be sentenced to imprisonment for not
22more than six months or to pay a fine of not less than $100 nor
23more than $1,000, or both. Each violation shall be deemed a
24separate offense. Fines collected under the provisions of this
25act shall be paid into the State Treasury for the use of the
26Commonwealth.

27(b) In addition to any other civil remedy or criminal
28penalty provided for in this act, the board, by a vote of the
29majority of the maximum number of the authorized membership of
30the board as provided by law, may levy a civil penalty of up to

1$10,000 on any current licensee who violates any provision of
2this act, or on any person who practices as a speech-language
3pathologist or audiologist or holds himself forth as a speech-
4language pathologist or audiologist without being properly
5licensed to do so under this act. The board shall levy this
6penalty only after affording the accused party the opportunity
7for a hearing as provided in 2 Pa.C.S. (relating to
8administrative law and procedure).

9Section 19. Injunction against unlawful practice.

10[After 12 months from the effective date of this act, it] It
11shall be unlawful for any person to practice or attempt to offer
12to practice audiology[,] or speech-language pathology [or
13teaching the hearing impaired] without holding a valid unrevoked
14and unsuspended license issued under this act. The unlawful
15practice of audiology[,] or speech-language pathology [or
16teaching the hearing impaired] may be enjoined by the courts on
17petition of the board or its agents. In any proceeding it shall
18not be necessary to show that any person is individually injured
19by the complained of actions. If the respondent is found guilty
20of the unlawful practice, the court shall enjoin him from
21practicing until he has been duly licensed. Procedure in these
22cases shall be the same as in any other injunction suit. The
23remedy by injunction is in addition to criminal prosecution and
24punishment.

25Section 10. Section 20 of the act is repealed:

26[Section 20. Appropriation.

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

1for the establishment and operation of the State Board of
2Examiners in Speech-Language and Hearing. The appropriation
3granted shall be repaid by the board within three years of the
4beginning of issuance of licenses by the board.]

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

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