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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GORDNER, COSTA, ALLOWAY, FONTANA, RAFFERTY, STACK, TARTAGLIONE, KITCHEN, STOUT, O'PAKE, BAKER AND LOGAN, APRIL 1, 2009 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, APRIL 1, 2009 |
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| AN ACT |
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1 | Amending the act of December 21, 1984 (P.L.1253, No.238), |
2 | entitled "An act regulating the practice of speech-language |
3 | pathologists, audiologists and teachers of the hearing |
4 | impaired; creating the State Board of Examiners in Speech- |
5 | Language and Hearing with certain powers and duties; and |
6 | prescribing penalties," further providing for definitions, |
7 | for the board, for licensure, for applications, for |
8 | examinations and for fees; providing for the use of a title; |
9 | and further providing for waivers, for enforcement and for |
10 | injunction. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. The title and sections 1, 2, 3 and 4 of the act |
14 | of December 21, 1984 (P.L.1253, No.238), known as the Speech- |
15 | Language and Hearing Licensure Act, are amended to read: |
16 | AN ACT |
17 | Regulating the practice of speech-language pathologists, |
18 | audiologists and teachers of the hearing impaired; creating |
19 | the State Board of Examiners in Speech-Language Pathology and |
20 | Audiology and Teaching the Hearing Impaired with certain |
21 | powers and duties; and prescribing penalties. |
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1 | Section 1. Short title. |
2 | This act shall be known and may be cited as the [Speech- |
3 | Language and Hearing Licensure Act] Speech-Language |
4 | Pathologists, Audiologists and Teachers of the Hearing Impaired |
5 | Licensure Act. |
6 | Section 2. Declaration of policy. |
7 | It is declared to be the policy of the Commonwealth that the |
8 | practice of speech-language pathology and the practice of |
9 | audiology are privileges granted to qualified persons and that, |
10 | in order to safeguard the public health, safety and welfare; to |
11 | protect the public from being misled or receiving treatment by |
12 | incompetent, unscrupulous and unauthorized persons; to protect |
13 | the public from unprofessional conduct [on the part of] by |
14 | qualified speech-language pathologists, audiologists and |
15 | teachers of the hearing impaired; and to assure the availability |
16 | of the highest possible quality of speech-language pathology, |
17 | audiology and hearing services to the [communicatively |
18 | handicapped] people of this Commonwealth, it is necessary to |
19 | [regulate persons offering speech-language and hearing services |
20 | to the public and persons functioning under the direction of |
21 | these specialists.] provide regulatory authority over persons |
22 | offering speech-language pathology, audiology and teaching of |
23 | the hearing impaired services to the public. |
24 | Section 3. Definitions. |
25 | The following words and phrases when used in this act shall |
26 | have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | "Audiologist." Any person who is qualified by [training and |
29 | experience] education, training and clinical experience and is |
30 | licensed under this act to engage in the practice of [the |
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1 | evaluation, counseling, habilitation and rehabilitation of |
2 | individuals whose communicative disorders center in whole or in |
3 | part in the hearing function. For the purposes of this paragraph |
4 | the words "habilitation" and "rehabilitation" include, but are |
5 | not limited to, hearing aid evaluation, fitting, recommendation, |
6 | speech reading, auditory training and similar activities. A |
7 | person is deemed to be or to hold himself out as being an |
8 | audiologist if he offers such services to the public under any |
9 | title incorporating the words audiology, audiologist, |
10 | audiological consultant, aural rehabilitationist, hearing |
11 | audiologist or any similar title or description of service.] |
12 | audiology. A person is deemed to be, or to hold himself out as |
13 | being, an audiologist if he offers such services to the public |
14 | under any title incorporating the terms "audiology," |
15 | "audiologist," "audiological consultant," "hearing aid |
16 | audiologist," or any variation, synonym, coinage or similar |
17 | title that expresses, employs or implies these terms, names or |
18 | functions. |
19 | "Board." The State Board of Examiners in Speech-Language |
20 | [and Hearing] Pathology and Audiology and Teaching of the |
21 | Hearing Impaired. |
22 | "Person." Any individual, organization, association, |
23 | partnership, company, trust or corporate body, except that [any] |
24 | only individuals can be licensed under this act. Any reference |
25 | in this act to a licensed person shall mean a natural individual |
26 | person. |
27 | "Practice of audiology." The application of principles, |
28 | methods and procedures related to disorders of the auditory and |
29 | vestibular systems, including the following: facilitating the |
30 | conservation of auditory hearing function; developing and |
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1 | implementing hearing conservation programs; preventing, |
2 | identifying and diagnosis and treatment of auditory and |
3 | vestibular disorders; selecting, fitting and dispensing of |
4 | amplification systems, including hearing aids and related |
5 | devices and providing training and counseling in their use; |
6 | aural rehabilitation; providing speech and language screening |
7 | limited to pass-fail; and determination for the purpose of |
8 | identification, individuals with disorders of communication. The |
9 | board shall further define the term "practice of audiology" |
10 | according to the provisions of section 5. |
11 | "Practice of speech-language pathology." The application of |
12 | principles, methods and procedures of prevention, |
13 | identification, assessment, counseling, consultation and follow- |
14 | up services for persons with known or suspected language, |
15 | cognitive/linguistic, social, speech, voice, swallowing or |
16 | communication disorders, including, but not limited to, elective |
17 | modification of communication behaviors and enhancement of |
18 | communication; providing evaluation, diagnosis and treatment |
19 | services for disorders of speech, language, swallowing, |
20 | cognitive and social aspects of communication; establishing |
21 | augmentative and alternative communication techniques and |
22 | strategies, including selecting, prescribing and dispensing of |
23 | augmentative aids and devices; the training of individuals, |
24 | their families and other communication partners in their use; |
25 | selecting, fitting and establishing effective use of appropriate |
26 | prosthetic/adaptive devices for speaking and swallowing; using |
27 | instrumental technology to observe, to assess and treat |
28 | disorders of communication and swallowing; and providing aural |
29 | rehabilitative and related counseling services to individuals |
30 | with hearing loss and to their families. The board shall further |
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1 | define the term "practice of speech-language pathology" |
2 | according to the provisions of section 5. |
3 | "Practice of teaching of the hearing impaired." Providing |
4 | evaluation and instruction in communication skills, speech |
5 | reading, speech and language development and auditory training |
6 | appropriate for individuals whose cognitive and educational |
7 | development have been affected primarily by impaired hearing |
8 | sensitivity. Providing out-of-school tutoring for hearing |
9 | impaired students in academic subject matter shall not be |
10 | considered to be the practice of teaching of the hearing |
11 | impaired. A person is deemed to be or to hold himself out as |
12 | being a teacher of the hearing impaired if he offers such |
13 | services under any title incorporating the words teacher of the |
14 | hearing impaired, teacher of the deaf or hard of hearing, |
15 | teacher of the acoustically handicapped, teacher of the deaf, |
16 | teacher of the acoustically impaired, hearing teacher, teacher |
17 | of the aurally handicapped, hearing tutor, tutor of the |
18 | auditorily impaired, educator of the deaf or any similar title |
19 | or description of service. |
20 | "Speech-language pathologist." Any person who is qualified |
21 | by [training and experience] education, training and clinical |
22 | experience and is licensed under this act to engage in the |
23 | practice of [the evaluation, counseling, habilitation and |
24 | rehabilitation of individuals whose communicative disorders |
25 | involve the function of speech, voice or language.] speech- |
26 | language pathology. A person is deemed to be or to hold himself |
27 | out as being a speech-language pathologist if he offers such |
28 | services under any title incorporating the [words speech- |
29 | language pathologist, speech consultant,] terms speech-language |
30 | pathology, speech-language pathologist, speech therapist, |
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1 | [speech correctionist, speech clinician, speech specialist, |
2 | language pathologist, logopedist, communication therapist, voice |
3 | therapist, aphasia therapist, aphasiologist, communicologist, or |
4 | any similar title or description of service.] voice therapist, |
5 | aphasiologist, dysphagia therapist or any variation, synonym, |
6 | coinage or similar title that expresses, employs or implies |
7 | these terms, names or functions. |
8 | "Teacher of the hearing impaired." Any person who is |
9 | qualified [by training and experience to engage in the practice |
10 | of providing] to provide evaluation and instruction in |
11 | curriculum-based material [and communication skills] appropriate |
12 | for individuals whose cognitive and educational development have |
13 | been affected primarily by impaired hearing sensitivity. [A |
14 | person is deemed to be or to hold himself out as being a teacher |
15 | of the hearing impaired if he offers such services under any |
16 | title incorporating the words teacher of the hearing impaired, |
17 | teacher of the acoustically handicapped, teacher of the deaf, |
18 | teacher of the acoustically impaired, hearing teacher, teacher |
19 | of the aurally handicapped, hearing tutor, tutor of the |
20 | auditorily impaired, educator of the deaf or any similar title |
21 | or description of service.] |
22 | [Section 4. Creation of board; appointment and term of |
23 | members; officers. |
24 | (a) Board created.--There is hereby created a departmental |
25 | administrative board to be known as the State Board of Examiners |
26 | in Speech-Language and Hearing which shall be in the Bureau of |
27 | Professional and Occupational Affairs of the Department of |
28 | State. It shall consist of ten members, nine of whom shall be |
29 | appointed by the Governor, by and with the advice and consent of |
30 | a majority of the members elected to the Senate, who shall be |
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1 | residents of Pennsylvania for a three-year period immediately |
2 | prior to appointment. The Commissioner of Professional and |
3 | Occupational Affairs shall serve in his official capacity as the |
4 | tenth member of the board. At the first meeting, the appointed |
5 | members shall determine, by lot, three members to serve three- |
6 | year terms, three members to serve two-year terms and three |
7 | members to serve one-year terms, with the exception of the |
8 | commissioner. |
9 | (b) Vacancies.--When the term of each appointed member of |
10 | the board ends, the Governor shall appoint his successor for a |
11 | term of three years, by and with the advice and consent of a |
12 | majority of the members elected to the Senate. Any appointive |
13 | vacancy occurring on the board shall be filled by the Governor |
14 | by appointment for the unexpired term, by and with the advice |
15 | and consent of a majority of the members elected to the Senate. |
16 | Board members shall continue to serve until their successors are |
17 | appointed and qualified but not longer than six months beyond |
18 | the three-year period. |
19 | (c) Qualifications of board.--The board shall consist of the |
20 | Commissioner of the Bureau of Professional and Occupational |
21 | Affairs, one member who at the time of appointment is engaged in |
22 | rendering professional services in speech-language pathology, |
23 | one member who at the time of appointment is engaged in |
24 | rendering professional services in audiology, one member who at |
25 | the time of appointment is engaged in rendering professional |
26 | services as a teacher of the hearing impaired, two members at |
27 | large who are either speech-language pathologists, audiologists |
28 | or teachers of the hearing impaired, however, each profession |
29 | shall not be represented by more than two board members, two |
30 | members who are physicians licensed to practice medicine in this |
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1 | Commonwealth, at least one of whom specializes in |
2 | otolaryngology, and two members of the public appointed by the |
3 | Governor from nominations submitted by the governing boards of |
4 | groups advocating for the welfare of the speech-language and |
5 | hearing handicapped. Of the initial members, the speech-language |
6 | pathologists, audiologists and teachers of the hearing impaired |
7 | shall possess the necessary qualifications for licensure under |
8 | this act. Thereafter, the members of the board who are speech- |
9 | language pathologists, audiologists and teachers of the hearing |
10 | impaired shall be licensed under this act. No public member |
11 | appointed under the provisions of this section shall be |
12 | affiliated in any manner with professions or occupations |
13 | providing health or corrective communications services or |
14 | products to communicatively impaired persons. The public members |
15 | shall be qualified pursuant to law, including section 813 of the |
16 | act of April 9, 1929 (P.L.177, No.175), known as The |
17 | Administrative Code of 1929. In addition, no member of the board |
18 | shall at the same time be an officer or agent of any Statewide |
19 | association or organization representing the professions or |
20 | occupations under the jurisdiction of this board. |
21 | (d) Reappointment.--A member of the board shall be eligible |
22 | for reappointment. A member shall not be appointed to serve more |
23 | than two consecutive terms. |
24 | (e) Compensation; expenses.--The members of the board, other |
25 | than the Commissioner of Professional and Occupational Affairs, |
26 | shall receive reimbursement for reasonable travel, hotel and |
27 | other necessary expenses and $60 per diem when actually engaged |
28 | in the performance of their official duties. |
29 | (f) Meetings of board.--The board shall hold a meeting |
30 | within 150 days after the effective date of this act and |
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1 | annually thereafter in the month prescribed by the board and |
2 | elect a chairman, vice chairman and secretary who shall be |
3 | members of the board. The board shall meet at such other times |
4 | as deemed necessary and advisable by the chairman or by a |
5 | majority of its members. Reasonable notice of all meetings shall |
6 | be given in the manner prescribed by the board. A majority of |
7 | the board shall constitute a quorum at any meeting or hearing.] |
8 | Section 4. Creation of board; appointment and term of members; |
9 | officers. |
10 | (a) Board created.--There is hereby created a departmental |
11 | administrative board to be known as the State Board of Examiners |
12 | in Speech-Language Pathology and Audiology which shall be in the |
13 | Bureau of Professional and Occupational Affairs of the |
14 | Department of State. The board shall consist of eleven members, |
15 | ten of whom shall be appointed by the Governor, by and with the |
16 | advice and consent of a majority of the members elected to the |
17 | Senate, who shall be residents of Pennsylvania for a three-year |
18 | period immediately prior to their appointment. The Commissioner |
19 | of Professional and Occupational Affairs shall serve in his |
20 | official capacity as the eleventh member of the board. |
21 | (b) Composition.--The board shall consist of three |
22 | audiologists who are currently practicing audiology, have had |
23 | five years' experience practicing audiology and who hold active |
24 | and valid licensure for the practice of audiology in this |
25 | Commonwealth, three speech-language pathologists who are |
26 | currently practicing speech-language pathology, have had five |
27 | years' experience practicing speech-language pathology and who |
28 | hold active and valid licensure for the practice of speech- |
29 | language pathology in this Commonwealth, one teacher of the |
30 | hearing impaired who holds an active and valid licensure for the |
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1 | practice of teaching the hearing impaired in this Commonwealth, |
2 | one physician licensed to practice medicine in this |
3 | Commonwealth, two representatives of the public who are not |
4 | associated with or financially interested in the practice or |
5 | business of audiology, of speech-language pathology or of |
6 | medicine and who are not members of allied or related |
7 | professions or occupations, and the Commissioner of the Bureau |
8 | of Professional and Occupational Affairs. The public members |
9 | shall be qualified pursuant to law, including section 813 of the |
10 | act of April 9, 1929 (P.L.177, No.175), known as The |
11 | Administrative Code of 1929. In addition, no member of the board |
12 | shall at the same time be an officer or agent of any Statewide |
13 | association or organization representing the professions or |
14 | occupations under the jurisdiction of the board. |
15 | (c) Appointments.--Appointments of audiologists to the board |
16 | shall be made by the Governor from a list of qualified |
17 | audiologists submitted jointly by the Pennsylvania Academy of |
18 | Audiology (PAA) and the Pennsylvania Speech-Language Hearing |
19 | Association (PSHA) and names submitted by other interested |
20 | organizations or persons in this Commonwealth. Appointments of |
21 | speech-language pathologists shall be made by the Governor from |
22 | a list of qualified speech-language pathologists submitted by |
23 | the Pennsylvania Speech-Language Hearing Association (PSHA) and |
24 | names submitted by other interested organizations or persons in |
25 | this Commonwealth. No member of the board shall at the same time |
26 | serve in an elected, appointed or employed position in any |
27 | national, State or local-level organization representing |
28 | audiologists, speech-language pathologists or physicians, which |
29 | present or may present a conflict of interest. |
30 | (d) Terms.--Appointments to the board shall be for a period |
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1 | of three years. Members shall serve until the expiration of the |
2 | term for which they have been appointed or until their |
3 | successors have been appointed and are deemed to be qualified to |
4 | serve on the board. The Governor may remove any member of the |
5 | board for unprofessional conduct, incompetence or neglect of |
6 | duty. |
7 | (e) Vacancies.--When the term of each appointed member of |
8 | the board ends, the Governor shall appoint his successor for a |
9 | term of three years, by and with the advice and consent of a |
10 | majority of the members elected to the Senate. In the event of a |
11 | vacancy in the office of an appointed member of the board other |
12 | than by expiration of a term, the Governor shall appoint a |
13 | qualified person to fill the vacancy for the unexpired term, by |
14 | and with the advice and consent of a majority of the members |
15 | elected to the Senate. Board members shall continue to serve |
16 | until their successors are appointed and qualified but not |
17 | longer than six months beyond the three-year period. |
18 | (f) Reappointment.--A member of the board shall be eligible |
19 | for reappointment. No member may serve more than two consecutive |
20 | three-year terms. |
21 | (g) Compensation; expenses.--The members of the board, other |
22 | than the Commissioner of Professional and Occupational Affairs, |
23 | shall receive reimbursement for reasonable travel, hotel and |
24 | other necessary expenses and $100 per diem when actually engaged |
25 | in the performance of their official duties. |
26 | (h) Meetings of board.--The board shall hold a meeting |
27 | within 150 days after the effective date of this act and |
28 | annually thereafter in the month prescribed by the board to |
29 | elect a chairman, vice chairman and secretary who shall be |
30 | members of the board. The board shall meet at such other times |
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1 | as deemed necessary and advisable by the chairman or by a |
2 | majority of its members. Reasonable notice of all meetings shall |
3 | be given in the manner prescribed by the board. Six members of |
4 | the board shall constitute a quorum to do business, provided |
5 | that the majority of members present are audiologists and |
6 | speech-language pathologists, and that at least one audiologist, |
7 | one speech-language pathologist and one public representative |
8 | are present at any meeting or hearing. The board shall conduct |
9 | its meetings and keep records of its proceedings in accordance |
10 | with the provisions of 1 Pa. Code Pt. II (relating to general |
11 | rules of administrative practice and procedure). |
12 | Section 2. Section 5 of the act, amended October 18, 2000 |
13 | (P.L.536, No.71), is amended to read: |
14 | Section 5. Powers and duties of board. |
15 | The board shall have the power and its duties shall be: |
16 | (1) To approve the qualifications and fitness of |
17 | applicants for licensure, and to adopt and revise rules and |
18 | regulations [requiring applicants to pass examinations] |
19 | relating to their qualifications as a prerequisite to the |
20 | issuance of a license. |
21 | (2) To adopt and revise rules and regulations consistent |
22 | with the law as may be necessary to implement the provisions |
23 | of this act. These rules and regulations shall include, but |
24 | not be limited to, codes of ethics for speech-language |
25 | pathologists, audiologists and teachers of the hearing |
26 | impaired. The codes of ethics shall provide further that, |
27 | whereas speech-language pathologists, audiologists and |
28 | teachers of the hearing impaired provide nonmedical and |
29 | nonsurgical services, medical diagnosis and medical treatment |
30 | by these persons are specifically to be considered unethical |
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1 | and illegal. |
2 | (3) To examine for, deny, approve, issue, revoke, |
3 | suspend or renew the licenses of speech-language pathologist, |
4 | audiologist and teacher of the hearing impaired applicants. |
5 | (4) To conduct hearings upon complaints of violations of |
6 | this act and the rules and regulations adopted pursuant to |
7 | this act, and to prosecute and enjoin all such violations. |
8 | (5) To spend funds necessary for the proper performance |
9 | of its assigned duties in accordance with the fiscal and |
10 | other laws of this Commonwealth and upon approval by the |
11 | Commissioner of Professional and Occupational Affairs. |
12 | (6) To waive [examination and] educational requirements |
13 | and grant a license as provided in sections 6 and 7. |
14 | (7) To establish standards of eligibility for license |
15 | renewal. These standards shall include, but not be limited |
16 | to, the demonstration of satisfactory completion of 20 clock |
17 | hours of continuing education related to the practice of |
18 | speech-language pathology, audiology or teaching the hearing |
19 | impaired in accordance with board regulations. No credit may |
20 | be given for courses in office management or practice |
21 | building. The board may waive all or part of the continuing |
22 | education requirement to a licensee who shows to the |
23 | satisfaction of the board that the licensee was unable to |
24 | complete the requirement due to illness, emergency or |
25 | hardship. The request for a waiver must be made in writing, |
26 | with appropriate documentation, and must include a |
27 | description of the circumstances sufficient to show why a |
28 | licensee is unable to comply with the continuing education |
29 | requirement. Waiver requests shall be evaluated by the board |
30 | on a case-by-case basis. The board shall send the licensee |
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1 | written notification of its approval or denial of a waiver |
2 | request. The requirement to demonstrate the satisfactory |
3 | completion of continuing education shall begin with the |
4 | biennial renewal period to be designated by regulation of the |
5 | board and following written notice to licensees. |
6 | (8) To promulgate rules and regulations regarding |
7 | persons functioning under the direction of audiologists, |
8 | speech-language pathologists and teachers of the hearing |
9 | impaired. |
10 | (9) To recognize national professional organizations in |
11 | audiology that have established definitions of the practice |
12 | of audiology, and to recognize a national professional |
13 | organization in speech-language pathology that has |
14 | established a definition of the practice of speech-language |
15 | pathology. These organizations shall be the same as those |
16 | recognized by the board under the provisions of section 7(b) |
17 | (2). The board shall then adopt those definitions to be the |
18 | practical definitions of the practice of audiology and the |
19 | practice of speech-language pathology for licensees under the |
20 | board. If either of the recognized national professional |
21 | organizations amends its definition, the amended definition |
22 | cannot be added to the practice of audiology or to the |
23 | practice of speech-language pathology until it has been |
24 | adopted by the board. |
25 | (10) To recognize national accrediting agencies which |
26 | accredit programs of audiology as specified in section 7(a) |
27 | (2). |
28 | Section 3. Sections 6, 7 and 8 of the act are amended to |
29 | read: |
30 | Section 6. License required; persons and practices not |
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1 | affected; exclusions; case load limitations. |
2 | [(a) Licenses.--Except as provided in subsection (b), no |
3 | person may practice or hold himself out as being able to |
4 | practice as an audiologist, speech-language pathologist or |
5 | teacher of the hearing impaired in this Commonwealth unless he |
6 | holds a current, unsuspended, unrevoked license issued by the |
7 | board. Licensure shall be granted separately in speech-language |
8 | pathology, audiology and teaching of the hearing impaired.] |
9 | (a) Licenses.--Except as provided in subsection (b), no |
10 | person may practice or hold himself out as being able to |
11 | practice as an audiologist, speech-language pathologist, or |
12 | teacher of the hearing impaired, or may engage in the practice |
13 | of speech-language pathology, the practice of audiology or the |
14 | practice of teaching the hearing impaired in this Commonwealth |
15 | unless he holds a current, unsuspended, unrevoked license issued |
16 | by the board. Licensure shall be granted separately in speech- |
17 | language pathology, audiology and teaching of the hearing |
18 | impaired. Terminology that approximates speech-language |
19 | pathology or audiology without a current, unsuspended, unrevoked |
20 | license issued by the board that may confuse the public or |
21 | falsify the credentials of the individual or company shall |
22 | constitute a violation of this act. |
23 | (b) Exclusions.--Nothing in this act shall be construed as |
24 | preventing or restricting: |
25 | (1) Any person licensed or registered in this |
26 | Commonwealth from engaging in the profession or occupation |
27 | for which he is licensed or registered, including: |
28 | (i) A physician or surgeon engaged in the practice |
29 | of medicine. |
30 | (ii) A licensed physician or surgeon or a trained |
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1 | individual under the direction of a licensed physician |
2 | doing hearing testing in the office or clinic of the |
3 | physician. |
4 | (iii) A hearing aid fitter engaged in the business |
5 | of selling and fitting hearing aids, and a hearing aid |
6 | dealer engaged in the sale of hearing aids, as provided |
7 | in the act of November 24, 1976 (P.L.1182, No.262), known |
8 | as the Hearing Aid Sales Registration Law. |
9 | (2) A person who holds a valid credential issued by the |
10 | Department of Education in the area of speech or hearing and |
11 | who is employed in public or private elementary and secondary |
12 | schools or institutions chartered by the Commonwealth[, or |
13 | a]. Beginning two years after the effective date of this act, |
14 | all persons newly employed by a public school district, a |
15 | private elementary or secondary school, or an institution |
16 | chartered by the Commonwealth must hold a valid license |
17 | issued by the board. Beginning with the start of the next |
18 | school year two years after the effective date of this act, |
19 | caseload size for all persons employed as speech-language |
20 | pathologists in a public school district, in a private |
21 | elementary or secondary school or in an institution chartered |
22 | shall be in accordance with the workload formula established |
23 | by the school district or the governing board of the private |
24 | school or institution. |
25 | (3) A person who is employed by the Commonwealth or the |
26 | Federal Government as a speech-language pathologist, |
27 | audiologist or teacher of the hearing impaired from engaging |
28 | in his profession or occupation, if the person performs his |
29 | services solely within the scope of his employment, or a |
30 | person performing hearing testing under section 1402 of the |
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1 | act of March 10, 1949 (P.L.30, No.14), known as the Public |
2 | School Code of 1949. |
3 | [(3)] (4) The activities of a student or trainee who is |
4 | pursuing a program of study supervised by a person licensed |
5 | under this act or otherwise exempt by this section which lead |
6 | to a degree in speech-language pathology, audiology[,] or |
7 | teaching the hearing impaired [or speech-language pathology |
8 | at] from an accredited college or university, if such |
9 | individual is designated by a title clearly indicating his |
10 | student or training status. |
11 | [(4)] (5) The practice of speech-language pathology, |
12 | audiology or teaching the hearing impaired in this |
13 | Commonwealth by any person not a resident of this |
14 | Commonwealth who is not licensed under this act if the person |
15 | meets the qualifications and requirements for licensure |
16 | described in section 7, or who is licensed under the law of |
17 | another state having licensure requirements determined by the |
18 | board to be at least equivalent to those established by |
19 | section 7, and if the services are performed for no more than |
20 | five days in any calendar year in cooperation with a speech- |
21 | language pathologist, audiologist or teacher of the hearing |
22 | impaired licensed under this act. |
23 | [(5)] (6) A corporation, partnership, trust, |
24 | association, company or other similar form of organization |
25 | from engaging in the practice of speech-language pathology, |
26 | audiology or teaching the hearing impaired without a license |
27 | if it employs licensed individuals in the direct practice of |
28 | speech-language pathology, audiology or teaching the hearing |
29 | impaired licensed under this act. |
30 | Section 7. Requirements for licensure. |
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1 | (a) In general.--Except as provided in subsections (b) and |
2 | (c), to be eligible for licensure by the board as a speech- |
3 | language pathologist, audiologist or teacher of the hearing |
4 | impaired, an applicant shall pay a fee as established by the |
5 | board in accordance with section 8(a), be of good moral |
6 | character to the satisfaction of the board[, pass an |
7 | examination] and: |
8 | (1) For the license in speech-language pathology, |
9 | possess a master's degree in speech-language pathology or its |
10 | equivalent from an [accredited academic institution] academic |
11 | program accredited by the Council of Academic Accreditation |
12 | in Audiology and Speech-Language Pathology. In addition, the |
13 | applicant must have at least one year of supervised |
14 | professional experience in the field of speech-language |
15 | pathology. |
16 | (2) For the license in audiology, possess a master's |
17 | degree or doctoral degree in audiology or its equivalent from |
18 | an [accredited academic institution] academic program |
19 | accredited by an accrediting agency approved by the board |
20 | under standards pursuant to this act. [In addition, the |
21 | applicant] Master's degree applicants must have at least one |
22 | year of supervised professional experience in the field of |
23 | audiology. Beginning January 1, 2012, all new applicants must |
24 | possess a doctoral degree in audiology or its equivalent as |
25 | determined by the board. |
26 | (3) For licensure as a teacher of the hearing impaired, |
27 | possess a master's degree in education of the hearing |
28 | impaired or its equivalent from an accredited academic |
29 | institution. In addition, the applicant must have at least |
30 | one year of supervised professional experience in the field |
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1 | of teaching the hearing impaired. |
2 | (b) Waivers.--The board may waive the examination and |
3 | educational requirements for any of the following: |
4 | (1) Applicants who present proof of [current |
5 | certification or licensure] a currently valid license to |
6 | practice speech-language pathology or audiology in a state |
7 | which has standards determined by the board to be at least |
8 | equal to those for licensure in this Commonwealth. |
9 | (2) Applicants who hold a currently valid and |
10 | appropriate Certificate of Clinical Competence from the |
11 | Council [of Professional Standards] for Clinical |
12 | Certification of the American Speech-Language [and] Hearing |
13 | Association[.] or certification from a national credentialing |
14 | organization that is recognized by the board from standards |
15 | pursuant to this act. Notice of standards shall be published |
16 | in the Pennsylvania Bulletin. |
17 | (3) Applicants who hold a currently valid professional |
18 | certificate issued by the Council on Education of the Deaf in |
19 | compliance with its standards for the certification of |
20 | teachers of the hearing impaired and who have completed an |
21 | additional ten graduate academic credits established by the |
22 | board to be appropriate for licensure as a teacher of the |
23 | hearing impaired. |
24 | [(c) Requirements for current practitioners.--The board |
25 | shall waive the examination and educational requirements for any |
26 | applicant who, on the effective date of this act: |
27 | (1) has at least a bachelor's degree with a major in |
28 | speech-language pathology, audiology or teaching the hearing |
29 | impaired from an accredited college or university, and who |
30 | has been employed as a speech-language pathologist, |
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1 | audiologist or teacher of the hearing impaired for at least |
2 | nine consecutive months within three years prior to the |
3 | effective date of this act; and |
4 | (2) files an application with the board providing bona |
5 | fide proof of the degree and employment together with the |
6 | application fee prescribed in section 8.] |
7 | (c) Provisional licenses.-- |
8 | (1) The board may, in accordance with the provisions of |
9 | this section, issue a provisional license in speech-language |
10 | pathology or audiology to applicants who have met all of the |
11 | requirements for licensure under this act except for the |
12 | completion of the clinical fellowship necessary to receive |
13 | either the Certificate of Clinical Competence from the |
14 | Council for Clinical Certification of the American Speech- |
15 | Language Hearing Association, or certification from another |
16 | national credentialing organization as recognized by the |
17 | board pursuant to section 7(b)(2). In order to receive the |
18 | license, the applicant must submit an application for the |
19 | provisional license to the board on a form prescribed by the |
20 | board. The form must indicate the applicant's plans for |
21 | completing the clinical fellowship, and must be accompanied |
22 | by an application fee determined by the board. A provisional |
23 | license issued under this section shall be valid for a |
24 | maximum of 18 months and cannot be renewed. The purpose of |
25 | the provisional license is solely to allow individuals to |
26 | practice speech-language pathology or audiology under |
27 | appropriate supervision while completing the postgraduate |
28 | professional experience required for certification under |
29 | section 7(b)(2). A person holding a provisional license is |
30 | authorized to practice speech-language pathology, audiology |
|
1 | or teaching of the hearing impaired only while working under |
2 | the supervision of a person fully licensed in this |
3 | Commonwealth in accordance with this act. |
4 | (2) Any person who is qualified by education, training |
5 | and clinical experience by completing all educational |
6 | requirements, including the externship of an Au.D. program |
7 | will hold a provisional license provided that such exclusion |
8 | shall only be valid for six months from the time of |
9 | application for the permanent license. |
10 | (3) A person holding a valid license in another state |
11 | may practice speech-language pathology, audiology or teaching |
12 | of the hearing impaired and who has applied for a license in |
13 | Pennsylvania under the provisions of this act may practice |
14 | speech-language pathology, audiology or teaching of the |
15 | hearing impaired while working under the supervision of a |
16 | person fully licensed in this Commonwealth for no more than |
17 | 90 days while awaiting approval of the license application. |
18 | Section 8. Application and fees. |
19 | (a) Fee.--An application for [examination and] license shall |
20 | be accompanied by a nonrefundable application [and examination] |
21 | fee in an amount established by the board by regulation and |
22 | shall be subject to review in accordance with the act of June |
23 | 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. |
24 | If the revenues generated by fees, fines and civil penalties |
25 | imposed in accordance with the provisions of this act are not |
26 | sufficient to match expenditures over a two-year period, the |
27 | board shall increase those fees by regulation, subject to review |
28 | in accordance with the Regulatory Review Act, such that the |
29 | projected revenues will meet or exceed projected expenditures. |
30 | If the Bureau of Professional and Occupational Affairs |
|
1 | determines that fees established by the board are inadequate to |
2 | meet the minimum enforcement efforts required, then the bureau, |
3 | after consultation with the board, shall increase the fees by |
4 | regulation, subject to review in accordance with the Regulatory |
5 | Review Act, such that adequate revenues are raised to meet the |
6 | required enforcement effort. |
7 | (b) Affidavit.--Each application shall be accompanied by an |
8 | affidavit or affirmation of the applicant as to its verity. Any |
9 | applicant who knowingly or willfully makes a false statement in |
10 | his application shall be subject to prosecution for perjury. |
11 | (c) [Examinations.--The board shall offer at least two |
12 | examinations for licensure each year. Notice of examinations |
13 | shall be given at least 60 days prior to their administration. |
14 | (d) Record of examination scores.--The board shall maintain |
15 | a permanent record of all examination scores. |
16 | (e)] Disposition and use of fees.--Fees shall be collected |
17 | by the board through the Bureau of Professional and Occupational |
18 | Affairs and shall be paid into the Professional Licensure |
19 | Augmentation Account established pursuant to and for use in |
20 | accordance with the act of July 1, 1978 (P.L.700, No.124), known |
21 | as the Bureau of Professional and Occupational Affairs Fee Act. |
22 | Section 4. Section 9 of the act is repealed: |
23 | [Section 9. Examinations. |
24 | (a) Preparation of examinations.--All written examinations |
25 | shall be prepared and administered by a qualified professional |
26 | testing organization under contract with the Bureau of |
27 | Professional and Occupational Affairs and approved by the board, |
28 | except that national uniform examinations or grading services or |
29 | both shall be used if available. No board member shall have a |
30 | financial interest in a professional testing organization. This |
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1 | section shall not apply to any oral, practical or other |
2 | nonwritten examination which may be required by the board. |
3 | (b) Cost of examinations.--The purpose of the examination |
4 | fee which is to be established in accordance with section 8(a) |
5 | is to insure that the applicant's fees cover the entire cost of |
6 | the examination and administration. Cost is all contractual |
7 | charges relating to the preparing, administering, grading and |
8 | recording of the examination.] |
9 | Section 5. Section 12 of the act is amended to read: |
10 | Section 12. Requirement of a medical examination. |
11 | [(a) Medical examination.--Before an audiologist initiates |
12 | aural rehabilitation for an individual, there shall be a medical |
13 | examination verifying that there are no diseases of the ear |
14 | requiring medical or surgical treatment. |
15 | (b) Waiver.--This section does not apply if an individual |
16 | signs a written waiver as set forth in this section. The waiver |
17 | must be read and explained in such a manner that the individual |
18 | will be thoroughly aware of the consequences of signing the |
19 | waiver. The waiver form shall read as follows: |
20 | I have been advised by (audiologist's name) that the |
21 | Commonwealth of Pennsylvania has determined that my best health |
22 | interest would be served if I had a medical examination by a |
23 | licensed physician before the initiation of aural |
24 | rehabilitation. I do not wish a medical examination before the |
25 | initiation of aural rehabilitation. |
26 | ______________________________ |
27 | Signature Date] |
28 | A speech-language pathologist, audiologist or teacher of the |
29 | hearing impaired shall refer patients who present with suspected |
30 | medical or surgical conditions for medical evaluation. |
|
1 | Section 6. The act is amended by adding a section to read: |
2 | Section 16.1. Title. |
3 | A licensed speech-language pathologist, or a licensed |
4 | audiologist who holds a doctoral degree in audiology, may use |
5 | the title "Doctor" or "Dr." on written materials only if the |
6 | abbreviations "Au.D.," "Ed.D. or "Ph.D." also accompany the |
7 | licensee's name. A licensee who is not also licensed to practice |
8 | medicine or osteopathy in this Commonwealth may not attach to |
9 | his name or use as a title the words or abbreviations "Doctor" |
10 | or "Dr." in contravention of this section, "M.D.," "physician," |
11 | "surgeon," "D.O." or any word or abbreviation that suggests that |
12 | the licensee practices medicine or osteopathy. |
13 | Section 7. Section 19 of the act is amended to read: |
14 | Section 19. Injunction against unlawful practice. |
15 | [After 12 months from the effective date of this act, it] It |
16 | shall be unlawful for any person to practice or attempt to offer |
17 | to practice audiology, speech-language pathology or teaching the |
18 | hearing impaired without holding a valid unrevoked and |
19 | unsuspended license issued under this act. The unlawful practice |
20 | of audiology, speech-language pathology or teaching the hearing |
21 | impaired may be enjoined by the courts on petition of the board |
22 | or its agents. In any proceeding it shall not be necessary to |
23 | show that any person is individually injured by the complained |
24 | of actions. If the respondent is found guilty of the unlawful |
25 | practice, the court shall enjoin him from practicing until he |
26 | has been duly licensed. Procedure in these cases shall be the |
27 | same as in any other injunction suit. The remedy by injunction |
28 | is in addition to criminal prosecution and punishment. |
29 | Section 8. Section 20 of the act is repealed: |
30 | [Section 20. Appropriation. |
|
1 | The sum of $75,000, or as much thereof as may be necessary, |
2 | is hereby appropriated from the Professional Licensure |
3 | Augmentation Account within the General Fund to the Bureau of |
4 | Professional and Occupational Affairs in the Department of State |
5 | for the establishment and operation of the State Board of |
6 | Examiners in Speech-Language and Hearing. The appropriation |
7 | granted shall be repaid by the board within three years of the |
8 | beginning of issuance of licenses by the board.] |
9 | Section 9. This act shall take effect in 60 days. |
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