Introduced By: Reps. Cambio, Scott, Bierman and Jacquard
Date Introduced : February 3, 1998
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, 5-48-8, 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 hereby 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 shall have the following meaning unless otherwise indicated within the context:
(1) "Audiologist" means an individual who is 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 is defined as altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of having such disorders.
(3) "Audiology {DEL supportive DEL} {ADD support ADD}
personnel" means an individual who meets minimum qualifications,
established by the board, which are less than those established
by this chapter as necessary for licensing as an audiologist;
does not act independently; and works under the direction and
supervision of an audiologist licensed under this chapter {ADD who
has been actively working in the field for twenty-four (24) months
after completion of the postgraduate professional experience and ADD}
who accepts the responsibility for the acts and performances of
the audiology assistant while working under this chapter. {ADD The
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). ADD}
(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) "Person" means an individual, partnership, organization, or corporation, except that only individuals can be licensed under this chapter.
(7) (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, {ADD and/or selling ADD} and orientation {DEL , DEL} {ADD ; ADD}
auditory training and speech reading; conducting and interpreting
tests of vestibular function and nystagmus; {ADD conducting and
interpreting electrophysiological measures of the auditory pathway;
cerumen management; ADD} 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/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) (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 {ADD and selling ADD} such systems, and providing training in the use of such systems; and planning, directing, conducting, or supervising programs designed to prevent, identify, evaluate, treat, or ameliorate disorders of human communication in individuals or groups of individuals 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/fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communication. 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. 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.
(9) "Speech language pathologist" means an individual who is licensed by the board to practice speech language pathology.
(10) "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 nonorganic origin, that impede the normal
process of human communication in individuals or groups of individuals
who have or are suspected of having such conditions, including
but not limited to disorders and related disorders of {DEL speech,
articulation, fluency, voice, verbal and written language, cognition/communication,
dysphagia, and oral, pharyngeal and/or laryngeal sensorimotor
competencies. DEL} {ADD : (1) speech: articulation, fluency,
voice, (including respiration, phonation and resonance); (2) 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);
(3) oral, pharyngeal, laryngeal, cervical esophageal, and related
functions (e.g. dysphagia, including disorders of swallowing and
oral function for feeding; oro-facial myofunctional disorders);
(4) cognitive aspects of communication (including communication
disability and other functional disabilities associated with cognitive
impairment); and (5) social aspects of communication (including
challenging behavior, ineffective social skills, lack of communication
opportunities). ADD}
(11) "Speech language {DEL supportive DEL} {ADD support ADD}
personnel" means an individual who meets minimum qualifications
established by the board, which are less than those established
by this chapter as necessary for licensing as a speech language
pathologist; does not act independently; and works under the direction
and supervision of a speech language pathologist licensed under
this chapter {ADD who has been actively working in the field for
twenty-four (24) months after completion of the postgraduate professional
experience and ADD} who accepts the responsibility for the acts
and performances of the speech language pathology assistant while
working under this chapter. {ADD The 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). ADD}
5-48-2. Board of examiners -- Composition -- Appointments,
terms and qualifications of members. -- (a) There shall
exist within the state 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.
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 who hold active and valid licensure for the practice
of speech language pathology in this state. One member shall be
an audiologist who has practiced audiology for at least five (5)
years immediately preceding appointment; is currently practicing
audiology and who holds active and valid licensure for the practice
of audiology in this state. One member shall be an otolaryngologist
who holds certification by the American academy of otolaryngology {DEL . DEL}
{ADD -- head and neck surgery. ADD} 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. The members of the board shall serve until the expiration
of the term for which they have been appointed or until their
successors are qualified.
(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 successor has been appointed.
(c) When a vacancy upon the board occurs, the director of the department of health with the approval of the governor shall 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 select a chairperson.
(e) Three (3) members of the board {ADD , ADD} provided that at least one speech language pathologist and one audiologist are present, 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 such violations of the chapter have occurred.
(b) The board shall conduct such hearings and keep such records and minutes as shall be necessary to an orderly dispatch of business.
(c) The board shall, with the approval of the director of the department of health, adopt responsible rules and regulations, including but not limited to regulations that delineate qualifications for licensure; establish standards of professional conduct; and to amend or repeal the same. 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 speech language pathologists and/or audiologists registered and practicing in the state, arranged alphabetically by name and also by the names of the 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 such {DEL time DEL}
{ADD times ADD} and places as it prescribes and special meetings
may be held upon the call of the chairperson provided that at
least one regular meeting be held each year.
(g) The conferral or enumeration of specific powers elsewhere 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 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.
{ADD (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. ADD}
5-48-7. Qualifications of applicants for licenses. -- To be eligible for licensure by the board as a speech language pathologist or audiologist, the applicant must:
(1) Be of good moral character; and
(2) Make application to the board, upon such a form prescribed by the board; and
(3) Pay the appropriate application fee; and
(4) Submit an official transcript indicating possession of {DEL at
least DEL} a master's degree {ADD or a doctorate degree ADD}
or equivalent in speech language pathology or audiology from an
educational institution approved by the board which consists 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 and
delineated in the rules and regulations; and
(5) Complete supervised clinical practicum experiences from an educational institution or its cooperating programs the content of which 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 and delineated in the rules and regulations; and
(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 {ADD as authorized pursuant to section 5-48-6 ADD} and following the completion of the aforesaid educational requirements {ADD for a master's degree, or during the course of obtaining a doctorate degree ADD}; and
(7) Pass {DEL an DEL} {ADD a national ADD} examination in
speech language pathology or audiology as required by the American
speech language hearing association {ADD (ASHA) or approved by the
board ADD}.
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; {ADD and ADD}/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.
{DEL 5-48-9. Fees- Inactive status. -- DEL}
{ADD 5-48-9. Fees -- Late filing -- Inactive status. -- ADD}
(a) The board may charge an application fee of twenty-five dollars
($25.00), {DEL a licensing fee and an annual renewal fee of
twenty-five dollars ($25.00) payable before July 1. DEL}
{DEL (b) Any person, otherwise qualified and certified by the
board, not in the active practice of speech language pathology
or audiology, may register with the board for an inactive certificate. DEL}
{ADD a biennial license renewal fee of fifty dollars ($50.00) payable
before July 1 of even years (biennially); or a provisional license
renewal fee of twenty-five dollars ($25.00) payable annually from
the date of issue. ADD}
{ADD (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). ADD}
{ADD (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 will be terminated and reapplication to the board will be required to resume practice. ADD}
{ADD (d) Any individual whose name has been transferred to an inactive status may be restored to active status within two (2) licensing periods to practice speech language pathology or audiology without a penalty fee, upon the filing of: ADD}
{ADD (1) an application for licensure renewal with a licensure renewal fee of fifty dollars ($50.00) made payable by check to the general treasurer, state of Rhode Island; and ADD}
{ADD (2) such other information as may be requested by the board. ADD}
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; or
(2) Fraudulently or deceptively used a license; or
(3) Altered a license; or
(4) Aided or abetted unlicensed practice; or
(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 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;
(vi) Obtaining a fee through fraud or misrepresentation; or
(6) Providing services while mentally incompetent; or
(7) Engaging in illegal, incompetent, or habitually negligent practice; or
(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; or
(9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit from such 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
(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; or
(12) 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.
{ADD (13) Failing to maintain continuing education requirements; or ADD}
{ADD (14) Failing to conform to minimum standards of prevailing practice of speech language pathology or audiology. ADD}
SECTION 2. Chapter 5-48 of the General Laws entitled "Speech Pathology and Audiology" is hereby amended by adding thereto the following sections:
{ADD 5-48-7.1. Qualifications for a provisional license. -- ADD} (a) {ADD To be eligible for provisional licensure by the board, the 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). ADD}
{ADD (b) In addition to the requirements of subsection (a), the applicant shall also submit a plan for the content of the supervised postgraduate professional experience on a form approved by the board. ADD}
{ADD (c) If the postgraduate professional experience extends beyond one (1) year, provisional licensure must be renewed annually and shall not exceed thirty-six (36) months past the initiation of the professional experience. ADD}
{ADD (d) The provisional licensure will expire ninety (90) days after the end of the postgraduate professional experience. ADD}
{ADD 5-48-9.1. Continuing education. -- ADD} {ADD (a) On or before the thirtieth (30th) day of June of even years, every person licensed to practice speech language pathology and/or audiology within this state shall complete not less than twenty (20) clock hours of continuing education within the preceding two (2) years and be able to present satisfactory evidence of completion to the board. Those persons holding licensure in both speech language pathology and audiology must have completed and have evidence of completion of not less than thirty (30) clock hours of continuing education within the preceding two (2) years. ADD}
{ADD (b) Continuing education hours may not be carried over from one (1) renewal period to the next. ADD}
{ADD (c) The board at its discretion may extend, reduce, or waive for a person the requirement for continuing education for hardship or other extenuating circumstances as the board deems appropriate. ADD}
SECTION 3. This act shall take effect upon passage.
