Chapter
039
2007 -- H 5674 AS AMENDED
Enacted 06/14/07
A N A C T
BUSINESSES AND
PROFESSIONS -- SPEECH PATHOLOGY AND AUDIOLOGY
Introduced By: Representative Thomas Winfield
Date Introduced:
February 28, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Sections 5-48-1, 5-48-2, 5-48-3, 5-48-6, 5-48-7, 5-48-7.1, 5-48-9 and 5-48-
11 of
the General Laws in Chapter 5-48 entitled "Speech Pathology and
Audiology" are hereby
amended
to read as follows:
5-48-1.
Purpose and legislative intent -- Definitions. -- (a) It is declared to
be a policy
of this
state that the practice of speech language pathology and audiology is a
privilege granted to
qualified
persons and that, in order to safeguard the public health, safety, and welfare,
protect the
public
from being misled by incompetent, unscrupulous, and unauthorized persons, and
protect
the
public from unprofessional conduct by qualified speech language pathologists
and
audiologists,
it is necessary to provide regulatory authority over persons offering speech
language
pathology
and audiology services to the public.
(b) The following words and terms when used in this chapter have the following
meaning
unless otherwise indicated within the context:
(1) "Audiologist" means an individual licensed by the board to
practice audiology.
(2) "Audiology" means the application of principles, methods, and
procedures related to
hearing
and the disorders of the hearing and balance systems, to related language and
speech
disorders,
and to aberrant behavior related to hearing loss. A hearing disorder in an
individual is
defined
as altered sensitivity, acuity, function, processing, and/or damage to the
integrity of the
physiological
auditory/vestibular systems.
(3) "Audiology support personnel" means individuals who meets minimum
qualifications,
established by the board, which are less than those established by this chapter
as
necessary
for licensing as an audiologist, who do not act independently, and who work
under the
direction
and supervision of an audiologist licensed under this chapter who has been
actively
working
in the field for twenty-four (24) months after completion of the postgraduate
professional
experience and who accepts the responsibility for the acts and performances of
the
audiology
assistant while working under this chapter. Audiology support personnel
shall be
registered
with the board within thirty (30) days of beginning work, or the supervising
audiologist
will
be assessed a late filing fee of fifty dollars ($50.00).
(4) "Board" means the state board of examiners for speech language
pathology and
audiology.
(5) "Clinical fellow" means the person who is practicing speech
language pathology or
audiology under the supervision of a licensed speech language
pathologist or audiologist while
completing
the postgraduate professional experience as required by this chapter.
(6)
"Department" means the Rhode Island department of health.
(7)
"Director" means the director of the Rhode Island department of
health.
(6) (8) "Person" means an individual, partnership,
organization, or corporation, except
that
only individuals can be licensed under this chapter.
(7) (9) (i) "Practice of audiology" means rendering or
offering to render any service in
audiology,
including prevention, screening, and identification, evaluation, habilitation,
rehabilitation;
participating in environmental and occupational hearing conservation programs,
and
habilitation and rehabilitation programs including hearing aid and assistive
listening device
evaluation,
prescription, preparation, dispensing, and/or selling and orientation; auditory
training
and
speech reading; conducting and interpreting tests of vestibular function and
nystagmus;
conducting
and interpreting electrophysiological measures of the auditory pathway; cerumen
management;
evaluating sound environment and equipment; calibrating instruments used in
testing
and supplementing auditory function; and planning, directing, conducting or
supervising
programs
that render or offer to render any service in audiology.
(ii) The practice of audiology may include speech and/or language screening to
a pass or
fail
determination, for the purpose of initial identification of individuals with
other disorders of
communication.
(iii) A practice is deemed to be the "practice of audiology" if
services are offered under
any
title incorporating such word as "audiology",
"audiologist", "audiometry", "audiometrist",
"audiological",
"audiometrics", "hearing therapy", "hearing
therapist", "hearing clinic", "hearing
clinician",
"hearing conservation", "hearing conservationist",
"hearing center", "hearing aid
audiologist",
or any similar title or description of services.
(8) (10) (i) "Practice of speech language pathology"
means rendering or offering to
render
any service in speech language pathology including prevention, identification,
evaluation,
consultation,
habilitation, rehabilitation; determining the need for augmentative
communication
systems,
dispensing and selling these systems, and providing training in the use of these
systems;
and
planning, directing, conducting, or supervising programs that render or offer
to render any
service
in speech language pathology.
(ii) The practice of speech language pathology may include nondiagnostic pure
tone air
conduction
screening, screening tympanometry, and acoustic reflex screening, limited to a
pass or
fail
determination, for the purpose of performing a speech and language evaluation
or for the
initial
identification of individuals with other disorders of communication.
(iii) The practice of speech language pathology also may include aural
rehabilitation,
which is
defined as services and procedures for facilitating adequate receptive and
expressive
communication
in individuals with hearing impairment.
(iv) A practice is deemed to be the "practice of speech language
pathology" if services
are
offered under any title incorporating such words as "speech
pathology", "speech pathologist",
"speech
therapy", "speech therapist", "speech correction",
"speech correctionist", "speech clinic",
"speech
clinician", "language pathology", "language
pathologist", "voice therapy", "voice
therapist",
"voice pathology", "voice pathologist",
"logopedics", "logopedist", "communicology",
"communicologist",
"aphasiology", "aphasiologist", "phoniatrist", or
any similar title or
description
of services.
(11)
"Regionally accredited" means the official guarantee that a college
or university or
other
educational institution is in conformity with the standards of education prescribed
by a
regional
accrediting commission recognized by the United States secretary of education.
(9) (12) "Speech language pathologist" means an
individual who is licensed by the board
to
practice speech language pathology.
(10) (13) "Speech language pathology" means the
application of principles, methods, and
procedures
for prevention, identification, evaluation, consultation, habilitation,
rehabilitation,
instruction,
and research related to the development and disorders of human communication.
Disorders
are defined to include any and all conditions, whether of organic or
non-organic origin,
that
impede the normal process of human communication in individuals or groups of
individuals
who have
or are suspected of having these conditions, including, but not limited to,
disorders and
related
disorders of:
(i) Speech: articulation, fluency, voice, (including respiration, phonation and
resonance);
(ii) Language (involving the parameters of phonology, morphology, syntax, semantics
and
pragmatics; and including disorders of receptive and expressive communication
in oral,
written,
graphic, and manual modalities);
(iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions
(e.g.,
dysphasia,
including disorders of swallowing and oral function for feeding; oro-facial
myofunctional
disorders);
(iv) Cognitive aspects of communication (including communication disability and
other
functional
disabilities associated with cognitive impairment); and
(v) Social aspects of communication (including challenging behavior,
ineffective social
skills,
lack of communication opportunities).
(11) (14) "Speech language support personnel" means
individuals who meet minimum
qualifications
established by the board, which are less than those established by this chapter
as
necessary
for licensing as a speech language pathologist, who do not act independently,
and who
work
under the direction and supervision of a speech language pathologist licensed
under this
chapter
who has been actively working in the field for twenty-four (24) months after
completion
of the
postgraduate professional experience and who accepts the responsibility for the
acts and
performances
of the speech language pathology assistant while working under this chapter.
Speech
language support personnel shall be registered with the board within thirty
(30) days of
beginning
work, or the supervising speech language pathologist will be assessed a late
filing fee
of fifty
dollars ($50.00).
5-48-2.
Board of examiners -- Composition -- Appointments, terms and
qualifications
of members. -- (a) There exists
within the department of health a board of
examiners
of speech language pathology and audiology. The board shall consist of five (5)
persons
who are residents of the state, and who have worked within the state for at
least one year
prior to
their appointments.
(1) Two (2) members shall be speech language pathologists who have practiced
speech
language
pathology for at least five (5) years preceding appointment, are currently
practicing
speech
language pathology, and hold active and valid licensure for the practice of
speech
language
pathology in this state.
(2) One member shall be an audiologist who has practiced audiology for at least
five (5)
years
immediately preceding appointment, is currently practicing audiology, and holds
active and
valid
licensure for the practice of audiology in this state.
(3) One member shall be an otolaryngologist who holds certification by the
American
Academy
of Otolaryngology -- head and neck surgery, who is currently practicing
otolaryngology,
and holds active and valid licensure as a physician within this state.
(4) One member shall be a representative of the consumer public who is not
associated
with or
financially interested in the practice or business of speech language pathology
or
audiology.
(b) All appointments to the board shall be for the term of three (3) years.
Members shall
serve
until the expiration of the term for which they have been appointed or until
their appointed
successors
are qualified.
(c) When a vacancy upon the board occurs, the director of the department of
health shall,
with the
approval of the governor, appoint persons who are working within the state to
fill the
remainder
of the vacant term.
(d) The board shall reorganize annually during the month of January and shall
select a
chairperson.
(e) Three (3) members of the board shall constitute a quorum to do business;
provided,
that
at least one speech language pathologist and one audiologist are present. A majority of
currently
filled positions shall constitute a quorum to do business.
(f) No person shall be appointed to serve more than two (2) consecutive terms.
(g) The first board and all future members shall be appointed by the director
of the
department
of health, with the approval of the governor.
(h) The director of the department of health, with the approval of the
governor, may
remove
any member of the board for dishonorable conduct, incompetency, or neglect of
duty.
5-48-3.
Board of examiners -- Duties and powers -- Meetings -- Compensation of
members.
-- (a) The board shall administer,
coordinate, and enforce the provisions of this
chapter,
evaluate the qualifications of applicants, supervise the examination of
applicants, and
may
issue subpoenas, examine witnesses, and administer oaths, conduct hearings, and
at its
discretion
investigate allegations of violations of this chapter and impose penalties if
any
violations
of the chapter have occurred.
(b) The board shall conduct hearings and keep records and minutes as necessary
to an
orderly
dispatch of business.
(c) The board shall, with the approval of the director of the department of
health, adopt,
amend or
repeal rules and regulations, including, but not limited to, regulations that
delineate
qualifications
for licensure and establish standards of professional conduct. Following their
adoption,
the rules and regulations shall govern and control the professional conduct of
every
person
who holds a license to practice speech language pathology or audiology in this
state.
(d) The board shall make available complete lists of the names and office
addresses of all
licensed speech language pathologists and/or audiologists registered
and practicing in the state,
arranged
alphabetically by name and also by the names of the cities or towns where their
various
offices
are situated.
(e) The board may request legal advice and assistance from the appropriate
state legal
officer.
(f) Regular meetings of the board shall be held at the times and places that it
prescribes,
and
special meetings may be held upon the call of the chairperson; provided, that
at least one
regular
meeting shall be held each year.
(g) The conferral or enumeration of specific powers in this chapter shall not
be construed
as a
limitation of the general powers conferred by this section. No member of the
board shall be
liable
to civil action for any act performed in good faith in the performance of his
or her duties as
prescribed
by this chapter.
(h) Board members shall serve without compensation.
(i) The board may suspend the authority of any registered speech language
pathologist or
audiologist
to practice speech language pathology or audiology for failure to comply with
any of
the
requirements of this chapter.
5-48-6.
Licensure and regulation of speech language pathologists and audiologists. --
(a)
Licensure shall be granted in either speech language pathology or audiology
independently. A
person
may be licensed in both areas if he or she meets the respective qualifications.
(b) No person shall practice as, advertise as, or use the title of speech
pathologist or
audiologist or hold himself or herself out as being able to
practice speech language pathology or
audiology as defined in section 5-48-1 in this state unless he
or she is licensed in accordance with
the
provisions of the laws of the state.
(c) Registered speech language pathologists and/or audiologists may render
services
under
the terms and provisions of the workers' compensation and rehabilitation laws.
(d) A provisional license for the clinical fellow (defined in section
5-48-1(b)(5)) shall be
required
in either speech language pathology or audiology for that period
of postgraduate
professional
experience as required in section 5-48-7. A provisional license shall authorize
an
individual
to practice speech-language pathology or audiology solely in connection
with the
completion
of the supervised postgraduate professional experience.
5-48-7.
Qualifications of applicants for licenses Qualifications of applicants
for a
license
as a speech language pathologist. --
To be eligible for licensure by the board as a speech
language
pathologist or audiologist, the applicant must:
(1) Be of good moral character;
(2) Apply to the board department, upon a form prescribed by the board
department;
(3) Pay Submit the appropriate application fee;
(4) Submit an official transcript indicating possession of a master's degree or
a doctorate
degree
or equivalent in speech language pathology or audiology from an educational
institution
accredited
by the council on academic accreditation (CAA) of the American speech language
hearing
association (ASHA) or other national accrediting association as may be approved by the
board.
The degree shall consist of course work approved by the board and in
accordance with the
current
minimum requirements for the certificate of clinical competence issued by the
American
Speech
Language Hearing Association (ASHA) or other national accrediting
association as may
be
approved by the board and delineated
in the rules and regulations;
(5) Complete supervised clinical practicum experiences from an educational
institution
or its
cooperating programs. The content of the practicum shall be approved by the
board and in
accordance
with the current minimum requirements for the certificate of clinical
competence
issued
by the American Speech Language Hearing Association (ASHA) or other national
accrediting
association as may be approved by the board and delineated in the rules and
regulations;
(6) Present written evidence from licensed employers or supervisors of a
cumulative or
equivalent
total of nine (9) months of full-time employment as a trainee or fellow in
speech
language
pathology or audiology as authorized pursuant to section 5-48-6, and following
the
completion
of the educational requirements for a master's degree, or during the course of
obtaining
a doctorate degree; and
(7) (6) Pass a national examination in speech language pathology or
audiology as
required
by the American Speech Language Hearing Association (ASHA) or other national
accrediting
association as may be approved by the
board. and delineated in the rules and
regulations;
(7)
Present verification of a certificate of clinical competence from the American
Speech
Language
Hearing Association (ASHA) or other national accrediting association as may be
approved
by the board; and
(8)
If applicable, present evidence from the board of speech language pathology in
each
state
in which the applicant has held or holds licensure to be submitted to the board
of this state,
attesting
to the licensure status of the applicant during the time period the applicant
held licensure
in
said state.
5-48-7.1.
Qualifications for a provisional license Qualifications for a
provisional
license
for a speech language pathologist. -- (a) To be eligible for provisional licensure by the
board,
the speech language pathologist applicant must submit an application
with the required
application
fee and be in compliance with the requirements of section 5-48-7(1), (4), (5)
and (7)
(6).
(b) In addition to the requirements of subsection (a) of this section, the
applicant shall
also
submit a plan for the content of the supervised postgraduate professional
experience on a
form
approved by the board content of
the supervised postgraduate professional experience shall
meet
the standards of a trainee or fellow of speech pathology as required by the American
speech
language
hearing association (ASHA) or other national accrediting association as may be
approved
by the board.
(c) If the postgraduate professional experience extends beyond one year,
provisional
licensure
must be renewed annually and not exceed thirty-six (36) months past the
initiation of
the
professional experience.
(d) The provisional licensure shall expire ninety (90) days after the end of
the
postgraduate
professional experience.
5-48-9.
Fees -- Late filing -- Inactive status. -- Filing fees for support personnel
registration.
-- (a) The board may charge an
application fee of thirty-one dollars and fifty cents
($31.50);
a biennial license renewal fee of sixty-two dollars and fifty cents ($62.50)
payable
before
July 1 of even years (biennially); or a provisional license renewal fee of
thirty-one dollars
and
fifty cents ($31.50) payable annually from the date of issue.
(b) Any person who allows his or her license to lapse by failing to renew it on
or before
the
thirtieth (30th) day of June of even years (biennially), may be reinstated by
the board on
payment
of the current renewal fee plus an additional late filing fee of twenty-five
dollars
($25.00).
(c) An individual licensed as a speech language pathologist and/or audiologist
in this
state,
not in the active practice of speech-language pathology or audiology within
this state during
any
year, may upon request to the board, have his or her name transferred to an
inactive status
and
shall not be required to register biennially or pay any fee as long as he or
she remains
inactive.
Inactive status may be maintained for no longer than two (2) consecutive
licensing
periods,
after which period licensure shall be terminated and reapplication to the board
shall be
required
to resume practice.
(d) Any individual whose name has been transferred to an inactive status may be
restored
to active status within two (2) licensing periods without a penalty fee, upon
the filing of:
(1) An application for licensure renewal, with a licensure renewal fee of
sixty-two
dollars
and fifty cents ($62.50) made payable by check to the general treasurer of the
state of
Rhode
Island; and
(2) Any other information that the board may request.
(e)
Audiology and speech language pathology support personnel shall be registered
with
the
board within thirty (30) days of beginning work, or the supervising audiologist
or speech
language
pathologist shall be assessed a late filing fee of fifty dollars ($50.00).
5-48-11.
Grounds for suspension or revocation of licenses. -- The license of any
speech
language pathologist and/or audiologist may be suspended or revoked by the
board upon
proof
that he or she:
(1) Fraudulently or deceptively obtained or attempted to obtain a license for
the
applicant,
licensee, holder, or for another;
(2) Fraudulently or deceptively used a license;
(3) Altered a license;
(4) Aided or abetted unlicensed practice;
(5) Committed fraud and deceit in the practice of speech language pathology or
of
audiology,
including, but not limited to:
(i) Using or promoting, or causing the use of, any misleading, deceiving, or
untruthful
advertising
matter, promotional literature, testimonial, guarantee, warranty, label, brand,
insignia,
or any
other representation;
(ii) Falsely representing the use or availability of services or advice of a
physician;
(iii) Misrepresenting the applicant, licensee, or holder by using the word
"doctor" or any
similar
word, abbreviation, or symbol, if the use is not accurate or if the degree was
not obtained
from an
accredited institution;
(iv) Willfully making Making or filing a false report or record
in the practice of speech
language
pathology or audiology;
(v) Submitting a false statement to collect a fee; and
(vi) Obtaining a fee through fraud or misrepresentation;
(6) Providing services while mentally incompetent;
(7) Engaging in illegal, incompetent, or habitually negligent practice;
(8) Providing professional services while:
(i) Under the influence of alcohol; or
(ii) Using any narcotic or controlled dangerous substance or other drug that is
in excess
of
therapeutic amounts or without valid medical indication;
(9) Promoting the sale of devices, appliances, or products to a patient who
cannot benefit
from
these devices, appliances or products; or
(10) Violating any provision of this chapter, any lawful order given, or rule
or regulation
adopted
by the board or departure from or failure to conform to the current
standards of
acceptable
prevailing practice and code of ethics of speech language pathology or
audiology;
(11) Being convicted of, or pleading guilty or nolo contendere to, a felony or
to a crime
involving
moral turpitude, whether or not any appeal or another proceeding is pending to
have the
conviction
or plea set aside;
(12)
Incompetent or negligent misconduct in the practice of speech language
pathology or
audiology;
(13)
Is habitually intemperate or is addicted to the use of habit forming drugs;
(12) (14) Being disciplined by a licensing or disciplinary
authority of any other state or
country,
or convicted or disciplined by a court of any state or country, for an act that
would be
grounds
for disciplinary action under this section; or
(13) (15) Failing to maintain continuing education requirements.;
or
(14) Failing to conform to minimum standards of prevailing practice of
speech language
pathology
or audiology.
SECTION
2. Section 5-48-8 of the General Laws in Chapter 5-48 entitled "Speech
Pathology
and Audiology" is hereby repealed.
5-48-8.
Clinical competency in lieu of examination -- Licensure in other states. --
The
board
may, at its discretion, waive the examination requirement for applicants who:
(1) Present proof of current licensure in a state that has standards that are
at least
equivalent
to those of this state; and/or
(2) Hold a certificate of clinical competence in speech language pathology or
audiology
from
the American Speech Language Hearing Association (ASHA) in the area for which
they are
applying
for licensure.
SECTION
3. Chapter 5-48 of the General Laws entitled "Speech Pathology and
Audiology"
is hereby amended by adding thereto the following section:
5-48-7.2.
Qualifications for license as an audiologist. – Persons seeking
initial licensure
as an
audiologist on or after January 1, 2008 shall meet the following requirements:
(1)
Be of good moral character;
(2)
Apply to the board, upon a form prescribed by the board;
(3)
Submit the appropriate application fee;
(4)
Submit an official transcript indicating possession of an earned doctorate
degree in
audiology
from a regionally accredited educational institution as delineated in the rules
and
regulations;
(5)
Pass a national examination in audiology approved by the board and delineated
in the
rules
and regulations;
(6)
Present evidence of practicum experience that is equivalent to a minimum of
twelve
(12)
months of full-time, supervised experience, that may be completed as part of
the graduate
degree,
as delineated in the rules and regulations;
(7)
If applicable, present evidence from the board of audiology in each state in
which the
applicant
has held or holds licensure to be submitted to the board of this state,
attesting to the
licensure
status of the applicant during the time period the applicant held licensure in
said state;
(8)
Any other requirements as set forth in the rules and regulations.
SECTION
4. Chapter 5-48 of the General Laws entitled "Speech Pathology and
Audiology"
is hereby amended by adding thereto the following section:
5-48-7.3.
Qualifications for audiologists licensed in alternate jurisdictions. – Persons
licensed
as an audiologist in alternate jurisdictions on or before January 1, 2008 shall
meet the
requirements
of this state that were in effect at the time of initial licensure in the
alternate
jurisdiction.
SECTION
5. This act shall take effect upon passage.
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LC00777
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