2026 -- H 7922 | |
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LC005260 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
____________ | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- SPEECH-LANGUAGE PATHOLOGY | |
AND AUDIOLOGY | |
| |
Introduced By: Representative Arthur Handy | |
Date Introduced: February 27, 2026 | |
Referred To: House Health & Human Services | |
(Dept. of Health) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 5-48 of the General Laws entitled "Speech-Language Pathology and |
2 | Audiology" is hereby repealed in its entirety. |
3 | CHAPTER 5-48 |
4 | Speech-Language Pathology and Audiology |
5 | 5-48-1. Purpose and legislative intent — Definitions. |
6 | (a) It is declared to be a policy of this state that the practice of speech-language pathology |
7 | and audiology is a privilege granted to qualified persons and that, in order to safeguard the public |
8 | health, safety, and welfare; protect the public from being misled by incompetent, unscrupulous, and |
9 | unauthorized persons; and protect the public from unprofessional conduct by qualified speech- |
10 | language pathologists and audiologists, it is necessary to provide regulatory authority over persons |
11 | offering speech-language pathology and audiology services to the public. |
12 | (b) The following words and terms when used in this chapter have the following meaning |
13 | unless otherwise indicated within the context: |
14 | (1) “Audiologist” means an individual licensed by the board to practice audiology. |
15 | (2) “Audiology” means the application of principles, methods, and procedures related to |
16 | hearing and the disorders of the hearing and balance systems, to related language and speech |
17 | disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is |
18 | defined as altered sensitivity, acuity, function, processing, or damage to the integrity of the |
| |
1 | physiological auditory/vestibular systems. |
2 | (3) “Board” means the state board of examiners of speech-language pathology and |
3 | audiology. |
4 | (4) “Clinical fellow” means the person who is practicing speech-language pathology under |
5 | the supervision of a licensed speech-language pathologist while completing the postgraduate |
6 | professional experience as required by this chapter. |
7 | (5) “Department” means the Rhode Island department of health. |
8 | (6) “Director” means the director of the Rhode Island department of health. |
9 | (7) “Person” means an individual, partnership, organization, or corporation, except that |
10 | only individuals can be licensed under this chapter. |
11 | (8)(i) “Practice of audiology” means rendering or offering to render any service in |
12 | audiology, including prevention, screening, and identification, evaluation, habilitation, |
13 | rehabilitation; participating in environmental and occupational hearing-conservation programs, and |
14 | habilitation and rehabilitation programs including hearing aid and assistive-listening-device |
15 | evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training |
16 | and speech reading; conducting and interpreting tests of vestibular function and nystagmus; |
17 | conducting and interpreting electrophysiological measures of the auditory pathway; cerumen |
18 | management; evaluating sound environment and equipment; calibrating instruments used in testing |
19 | and supplementing auditory function; and planning, directing, conducting, or supervising programs |
20 | that render or offer to render any service in audiology. |
21 | (ii) The practice of audiology may include speech and/or language screening to a pass or |
22 | fail determination, for the purpose of initial identification of individuals with other disorders of |
23 | communication. |
24 | (iii) A practice is deemed to be the “practice of audiology” if services are offered under |
25 | any title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” |
26 | “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing |
27 | clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid |
28 | audiologist,” or any similar title or description of services. |
29 | (9)(i) “Practice of speech-language pathology” means rendering or offering to render any |
30 | service in speech-language pathology including prevention, identification, evaluation, consultation, |
31 | habilitation, rehabilitation; determining the need for augmentative communication systems, |
32 | dispensing and selling these systems, and providing training in the use of these systems; and |
33 | planning, directing, conducting, or supervising programs that render or offer to render any service |
34 | in speech-language pathology. |
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1 | (ii) The practice of speech-language pathology may include nondiagnostic pure-tone air |
2 | conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or |
3 | fail determination, for the purpose of performing a speech and language evaluation or for the initial |
4 | identification of individuals with other disorders of communication. |
5 | (iii) The practice of speech-language pathology also may include aural rehabilitation, |
6 | which is defined as services and procedures for facilitating adequate receptive and expressive |
7 | communication in individuals with hearing impairment. |
8 | (iv) A practice is deemed to be the “practice of speech-language pathology” if services are |
9 | offered under any title incorporating such words as “speech pathology,” “speech pathologist,” |
10 | “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” |
11 | “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice |
12 | therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” |
13 | “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or |
14 | description of services. |
15 | (10) “Regionally accredited” means the official guarantee that a college or university or |
16 | other educational institution is in conformity with the standards of education prescribed by a |
17 | regional accrediting commission recognized by the United States Secretary of Education. |
18 | (11) “Speech-language pathologist” means an individual who is licensed by the board to |
19 | practice speech-language pathology. |
20 | (12) “Speech-language pathology” means the application of principles, methods, and |
21 | procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, |
22 | instruction, and research related to the development and disorders of human communication. |
23 | Disorders are defined to include any and all conditions, whether of organic or non-organic origin, |
24 | that impede the normal process of human communication in individuals or groups of individuals |
25 | who have or are suspected of having these conditions, including, but not limited to, disorders and |
26 | related disorders of: |
27 | (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); |
28 | (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and |
29 | pragmatics; and including disorders of receptive and expressive communication in oral, written, |
30 | graphic, and manual modalities); |
31 | (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., |
32 | dysphasia, including disorders of swallowing and oral function for feeding; oro-facial |
33 | myofunctional disorders); |
34 | (iv) Cognitive aspects of communication (including communication disability and other |
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1 | functional disabilities associated with cognitive impairment); and |
2 | (v) Social aspects of communication (including challenging behavior, ineffective social |
3 | skills, lack of communication opportunities). |
4 | 5-48-2. Board of examiners — Composition — Appointments, terms, and |
5 | qualifications of members. |
6 | (a) There exists within the department of health a board of examiners of speech-language |
7 | pathology and audiology. The board shall consist of five (5) persons who are residents of the state |
8 | and who have worked within the state for at least one year prior to their appointments. |
9 | (1) Two (2) members shall be speech-language pathologists who have practiced speech- |
10 | language pathology for at least five (5) years preceding appointment, are currently practicing |
11 | speech-language pathology, and hold active and valid licensure for the practice of speech-language |
12 | pathology in this state. |
13 | (2) One member shall be an audiologist who has practiced audiology for at least five (5) |
14 | years immediately preceding appointment, is currently practicing audiology, and holds active and |
15 | valid licensure for the practice of audiology in this state. |
16 | (3) One member shall be an otolaryngologist who holds certification by the American |
17 | Academy of Otolaryngology — head and neck surgery, who is currently practicing otolaryngology, |
18 | and holds active and valid licensure as a physician within this state. |
19 | (4) One member shall be a representative of the consumer public who is not associated |
20 | with or financially interested in the practice or business of speech-language pathology or audiology. |
21 | (b) All appointments to the board shall be for the term of three (3) years. Members shall |
22 | serve until the expiration of the term for which they have been appointed or until their appointed |
23 | successors are qualified. |
24 | (c) When a vacancy upon the board occurs, the director of the department of health shall, |
25 | with the approval of the governor, appoint persons who are working within the state to fill the |
26 | remainder of the vacant term. |
27 | (d) The board shall reorganize annually during the month of January and shall select a |
28 | chairperson. |
29 | (e) A majority of currently filled positions shall constitute a quorum to do business. |
30 | (f) No person shall be appointed to serve more than two (2) consecutive terms. |
31 | (g) The first board and all future members shall be appointed by the director of the |
32 | department of health, with the approval of the governor. |
33 | (h) The director of the department of health, with the approval of the governor, may remove |
34 | any member of the board for dishonorable conduct, incompetency, or neglect of duty. |
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1 | 5-48-3. Board of examiners — Duties and powers — Meetings — Compensation of |
2 | members. |
3 | (a) The board shall administer, coordinate, and enforce the provisions of this chapter; |
4 | evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and |
5 | administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this |
6 | chapter and impose penalties if any violations of the chapter have occurred. |
7 | (b) The board shall conduct hearings and keep records and minutes as necessary to an |
8 | orderly dispatch of business. |
9 | (c) The board shall, with the approval of the director of the department of health, adopt, |
10 | amend, or repeal rules and regulations, including, but not limited to, regulations that delineate |
11 | qualifications for licensure and establish standards of professional conduct. Following their |
12 | adoption, the rules and regulations shall govern and control the professional conduct of every |
13 | person who holds a license to practice speech-language pathology or audiology in this state. |
14 | (d) The board shall make available complete lists of the names and addresses of all licensed |
15 | speech-language pathologists and audiologists. |
16 | (e) The board may request legal advice and assistance from the appropriate state legal |
17 | officer. |
18 | (f) Regular meetings of the board shall be held at the times and places that it prescribes, |
19 | and special meetings may be held upon the call of the chairperson; provided, that at least one regular |
20 | meeting shall be held each year. |
21 | (g) The conferral or enumeration of specific powers in this chapter shall not be construed |
22 | as a limitation of the general powers conferred by this section. No member of the board shall be |
23 | liable to civil action for any act performed in good faith in the performance of his or her duties as |
24 | prescribed by this chapter. |
25 | (h) Board members shall serve without compensation. |
26 | (i) The board may suspend the authority of any registered speech-language pathologist or |
27 | audiologist to practice speech-language pathology or audiology for failure to comply with any of |
28 | the requirements of this chapter. |
29 | 5-48-4. Board examiners — Seal — Authentication of records. |
30 | The board shall adopt the state seal by which it authenticates its proceedings. Copies of the |
31 | proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning |
32 | those proceedings, records, and acts, signed by the secretary and authenticated by that seal, shall |
33 | be evidence in all courts of this state. |
34 | 5-48-5. Receipts. |
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1 | The proceeds of any fees collected pursuant to the provisions of this chapter shall be |
2 | deposited as general revenues. |
3 | 5-48-6. Licensure and regulation of speech-language pathologists and audiologists. |
4 | (a) Licensure shall be granted in either speech-language pathology or audiology |
5 | independently. A person may be licensed in both areas if he or she meets the respective |
6 | qualifications. |
7 | (b) No person shall practice as, advertise as, or use the title of speech pathologist or |
8 | audiologist as defined in § 5-48-1 in this state unless he or she is licensed in accordance with the |
9 | provisions of the laws of the state. |
10 | (c) Registered speech-language pathologists or audiologists may render services under the |
11 | terms and provisions of the workers’ compensation and rehabilitation laws. |
12 | (d) A provisional license for the clinical fellow (defined in § 5-48-1(b)(4)) shall be required |
13 | in speech-language pathology for that period of postgraduate professional experience as required |
14 | in § 5-48-7.1. A provisional license shall authorize an individual to practice speech-language |
15 | pathology solely in connection with the completion of the supervised postgraduate professional |
16 | experience. |
17 | 5-48-7. Qualifications of applicants for a license as a speech-language pathologist. |
18 | To be eligible for licensure by the board as a speech-language pathologist the applicant |
19 | must: |
20 | (1) Be of good moral character; |
21 | (2) Apply to the department, upon a form prescribed by the department; |
22 | (3) Submit the appropriate application fee; |
23 | (4) Submit an official transcript indicating possession of a master’s degree or a doctorate |
24 | degree or equivalent in speech-language pathology from an educational institution accredited by |
25 | the Council on Academic Accreditation (CAA) of the American Speech-Language-Hearing |
26 | Association (ASHA) or other national accrediting association as may be approved by the board. |
27 | The degree shall consist of course work in accordance with the current, minimum requirements for |
28 | the certificate of clinical competence issued by the American Speech-Language-Hearing |
29 | Association (ASHA) or other national accrediting association as may be approved by the board and |
30 | delineated in the rules and regulations; |
31 | (5) Complete supervised clinical-practicum experiences from an educational institution or |
32 | its cooperating programs. The content of the practicum shall be in accordance with the current, |
33 | minimum requirements for the certificate of clinical competence issued by the American Speech- |
34 | Language-Hearing Association (ASHA) or other national accrediting association as may be |
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1 | approved by the board and delineated in the rules and regulations; |
2 | (6) Pass a national examination in speech-language pathology as required by the American |
3 | Speech-Language-Hearing Association (ASHA) or other national accrediting association as may |
4 | be approved by the board and delineated in the rules and regulations; |
5 | (7) Present verification of a certificate of clinical competence from the American Speech- |
6 | Language-Hearing Association (ASHA) or other national accrediting association as may be |
7 | approved by the board; and |
8 | (8) If applicable, present evidence from the board of speech-language pathology in each |
9 | state in which the applicant has held or holds licensure to be submitted to the board of this state, |
10 | attesting to the licensure status of the applicant during the time period the applicant held licensure |
11 | in the state. |
12 | 5-48-7.1. Qualifications for a provisional license for a speech-language pathologist. |
13 | (a) To be eligible for provisional licensure by the board, the speech-language pathologist |
14 | applicant must submit an application with the required application fee and be in compliance with |
15 | the requirements of § 5-48-7(1), (4), (5), and (6). |
16 | (b) In addition to the requirements of subsection (a) of this section, content of the |
17 | supervised postgraduate professional experience shall meet the standards of a trainee or fellow of |
18 | speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or |
19 | other national accrediting association as may be approved by the board. |
20 | (c) If the postgraduate professional experience extends beyond one year, provisional |
21 | licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the |
22 | professional experience. |
23 | (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate |
24 | professional experience. |
25 | 5-48-7.2. Qualifications for license as an audiologist. |
26 | Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet |
27 | the following requirements: |
28 | (1) Be of good moral character; |
29 | (2) Apply to the board, upon a form prescribed by the board; |
30 | (3) Submit the appropriate application fee; |
31 | (4) Submit an official transcript indicating possession of an earned doctorate degree in |
32 | audiology from a regionally accredited educational institution as delineated in the rules and |
33 | regulations; |
34 | (5) Pass a national examination in audiology approved by the board and delineated in the |
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1 | rules and regulations; |
2 | (6) Present evidence of practicum experience that is equivalent to a minimum of twelve |
3 | (12) months of full-time, supervised experience, that may be completed as part of the graduate |
4 | degree, as delineated in the rules and regulations; |
5 | (7) If applicable, present evidence from the board of audiology in each state in which the |
6 | applicant has held or holds licensure to be submitted to the board of this state, attesting to the |
7 | licensure status of the applicant during the time period the applicant held licensure in the state; |
8 | (8) Any other requirements as set forth in the rules and regulations. |
9 | 5-48-7.3. Qualifications for audiologists licensed in alternate jurisdictions. |
10 | Persons licensed as an audiologist in alternate jurisdictions on or before January 1, 2008, |
11 | shall meet the requirements of this state that were in effect at the time of initial licensure in the |
12 | alternate jurisdiction. |
13 | 5-48-8. [Repealed.] |
14 | 5-48-9. Fees — Late filing — Inactive status. |
15 | (a) The board may charge an application fee; a biennial license renewal fee payable before |
16 | July 1 of even years (biennially); or a provisional license renewal fee as set forth in § 23-1-54 |
17 | payable annually from the date of issue. |
18 | (b) Any person who allows his or her license to lapse by failing to renew it on or before |
19 | the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on |
20 | payment of the current renewal fee plus an additional late filing fee as set forth in § 23-1-54. |
21 | (c) An individual licensed as a speech-language pathologist or audiologist in this state, not |
22 | in the active practice of speech-language pathology or audiology within this state during any year, |
23 | may upon request to the board, have his or her name transferred to an inactive status and shall not |
24 | be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status |
25 | may be maintained for no longer than two (2) consecutive licensing periods, after which period |
26 | licensure shall be terminated and reapplication to the board shall be required to resume practice. |
27 | (d) Any individual whose name has been transferred to an inactive status may be restored |
28 | to active status within two (2) licensing periods without a penalty fee upon the filing of: |
29 | (1) An application for licensure renewal, with a licensure renewal fee as set forth in § 23- |
30 | 1-54 made payable by check to the general treasurer of the state of Rhode Island; and |
31 | (2) Any other information that the board may request. |
32 | (e) [Deleted by P.L. 2015, ch. 141, art. 20, § 9]. |
33 | 5-48-9.1. Continuing education. |
34 | (a)(1) On or before the thirtieth (30th) day of June of even years, every person licensed to |
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1 | practice speech-language pathology or audiology within this state shall complete not less than |
2 | twenty (20) clock hours of continuing education within the preceding two (2) years and be able to |
3 | present satisfactory evidence of completion to the board. |
4 | (2) Those persons holding licensure in both speech-language pathology and audiology must |
5 | have completed and have evidence of completion of not less than thirty (30) clock hours of |
6 | continuing education within the preceding two (2) years. |
7 | (b) Continuing education hours may not be carried over from one renewal period to the |
8 | next. |
9 | (c) The board at its discretion may extend, reduce, or waive the requirement for continuing |
10 | education for hardship or other extenuating circumstances as the board deems appropriate. |
11 | 5-48-10. Persons and practices exempted. |
12 | The provisions of this chapter do not apply to: |
13 | (1) A qualified person licensed, registered, certified, or credentialed in this state under any |
14 | other law who is practicing the profession or business for which he or she is licensed, registered, |
15 | certified, or credentialed, in the setting for which the licensure, registration, certification, or |
16 | credential pertains and performs services within their authorized scope of practice. |
17 | (2) This chapter specifically excludes those persons who commercially fit and sell hearing |
18 | aids; provided, that those persons do not receive a separate or additional fee for testing or |
19 | interpreting tests of hearing; and provided, that those persons do not represent themselves as |
20 | audiologists as defined in this chapter. This subsection does not preclude remuneration for any |
21 | other service offered solely in conjunction with the fitting or maintaining of a hearing aid. |
22 | (3) No one shall be exempt under subsection (1) for that portion of his or her time spent as |
23 | a private practitioner. If he or she performs any work as a speech-language pathologist or |
24 | audiologist for which a fee may be paid by the recipient of the service as part of a private practice |
25 | apart from his or her position with the government, a license must be held. |
26 | 5-48-11. Grounds for suspension or revocation of licenses. |
27 | The license of any speech-language pathologist or audiologist may be suspended or |
28 | revoked by the board upon proof that he or she: |
29 | (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, |
30 | licensee, holder, or for another; |
31 | (2) Fraudulently or deceptively used a license; |
32 | (3) Altered a license; |
33 | (4) Aided or abetted unlicensed practice; |
34 | (5) Committed fraud and deceit in the practice of speech-language pathology or of |
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1 | audiology, including, but not limited to: |
2 | (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful |
3 | advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, |
4 | or any other representation; |
5 | (ii) Falsely representing the use or availability of services or advice of a physician; |
6 | (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any |
7 | similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained |
8 | from an accredited institution; |
9 | (iv) Making or filing a false report or record in the practice of speech-language pathology |
10 | or audiology; |
11 | (v) Submitting a false statement to collect a fee; and |
12 | (vi) Obtaining a fee through fraud or misrepresentation; |
13 | (6) Providing services while mentally incompetent; |
14 | (7) Engaging in illegal, incompetent, or habitually negligent practice; |
15 | (8) Providing professional services while: |
16 | (i) Under the influence of alcohol; or |
17 | (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of |
18 | therapeutic amounts or without valid medical indication; |
19 | (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit |
20 | from these devices, appliances, or products; |
21 | (10) Violating any provision of this chapter, any lawful order given, or rule or regulation |
22 | adopted by the board or departure from or failure to conform to the current standards of acceptable |
23 | prevailing practice and code of ethics of speech-language pathology or audiology; |
24 | (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not |
25 | any appeal or another proceeding is pending to have the conviction or plea set aside; |
26 | (12) Incompetent or negligent misconduct in the practice of speech-language pathology or |
27 | audiology; |
28 | (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; |
29 | (14) Being disciplined by a licensing or disciplinary authority of any other state or country, |
30 | or convicted or disciplined by a court of any state or country, for an act that would be grounds for |
31 | disciplinary action under this section; or |
32 | (15) Failing to maintain continuing education requirements. |
33 | 5-48-12. Penalty for violations. |
34 | (a) The board is granted the authority to impose the following disciplinary actions in those |
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1 | instances in which an applicant for a license or a licensee has been guilty of conduct that has |
2 | endangered, or is likely to endanger, the health, welfare, or safety of the public: |
3 | (1) Refuse to issue or renew a license. |
4 | (2) Issue a letter of reprimand or concern. |
5 | (3) Require restitution of fees. |
6 | (4) Impose probationary conditions. |
7 | (5) Suspend or revoke a license. |
8 | (b) Any person found to be in violation of any provision of this chapter, upon conviction, |
9 | shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars |
10 | ($1,000). |
11 | 5-48-13. Revocation and suspension procedure — Reinstatement. |
12 | (a)(1) Notice, in writing, of a contemplated revocation or suspension of a license, of this |
13 | particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the |
14 | licensee at his or her last known address at least fifteen (15) days before the date of the hearing. |
15 | (2) The individual against whom a charge is filed has the right to appear before the board |
16 | in person or by counsel, or both; may produce witnesses and evidence on his or her behalf; and |
17 | may question witnesses. |
18 | (3) No license shall be revoked or suspended without a hearing, but the nonappearance of |
19 | the licensee, after notice, shall not prevent a hearing. |
20 | (4) All matters upon which the decision is based shall be introduced in evidence at the |
21 | proceeding. |
22 | (5) The licensee shall be notified, in writing, of the board’s decision. |
23 | (6) The board may make any rules and regulations that it deems proper for the filing of |
24 | charges and the conduct of hearings. |
25 | (b) After issuing an order of revocation or suspension, the board may also file a petition in |
26 | equity in the superior court in a county in which the respondent resides or transacts business, to |
27 | ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the |
28 | final determination. |
29 | (c) An application for reinstatement may be made to the board, which may, upon the |
30 | affirmative vote of at least the majority of its members, grant a reinstatement. |
31 | 5-48-14. [Obsolete.] |
32 | 5-48-15. Severability. |
33 | If any provision of this chapter or of any rule or regulation made under this chapter, or their |
34 | application to any person or circumstances, is held invalid by a court of competent jurisdiction, the |
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1 | remainder of the chapter, rule, or regulation, and the application of that provision to other persons |
2 | or circumstances, shall not be affected. |
3 | SECTION 2. Sections 5-48.2-3, 5-48.2-4, 5-48.2-5, 5-48.2-6, 5-48.2-7, 5-48.2-8 and 5- |
4 | 48.2-13 of the General Laws in Chapter 5-48.2 entitled "Professional Licensing and Regulation of |
5 | Speech-Language Pathologists and Audiologists" are hereby amended to read as follows: |
6 | 5-48.2-3. Definitions. |
7 | As used in this chapter, the following words and terms shall have the following meanings, |
8 | except where the context clearly indicates otherwise: |
9 | (1) “Accredited/approved” means that an institution/program holds regional accreditation |
10 | from one of six (6) regional accrediting bodies: Middle States Association of Colleges and Schools, |
11 | New England Association of Schools and Colleges, North Central Association of Colleges and |
12 | Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and |
13 | Schools, and Western Association of Schools and Colleges. |
14 | (2) “Act” means chapter 48 of this title entitled, “speech-language pathology and |
15 | audiology,” as well as the provisions of this chapter, where the context so indicates. |
16 | (3)(2) “Audiologist” means an individual who is licensed by the board to practice |
17 | audiology either in person or via telepractice. |
18 | (4)(3) “Audiology” means the audiologist applies the principles, methods, and procedures |
19 | related to hearing and the disorders of the hearing and balance systems, to related language and |
20 | speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as |
21 | altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological |
22 | auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of |
23 | having such disorders. |
24 | (5)(4) “Audiology support personnel” shall operate under the title “audiometric aide” or |
25 | “audiology assistant” and means an individual who meets minimum qualifications established by |
26 | the board, which are less than those established by the act this chapter as necessary for licensing as |
27 | an audiologist; does not act independently; is limited to hearing screening with pass/fail criteria; |
28 | and works under the direction and supervision of an audiologist licensed under the act this chapter |
29 | who has been actively working in the field for twenty-four (24) months after completion of the |
30 | postgraduate professional experience and who accepts the responsibility for the acts and |
31 | performances of the audiometric aide or audiology assistant while working under the act. |
32 | (6)(5) “Board” means the state board of examiners of speech-language pathology and |
33 | audiology established pursuant to § 5-48-2. |
34 | (7) “Clinical fellow” means the person who is practicing speech-language pathology under |
| LC005260 - Page 12 of 29 |
1 | the supervision of a licensed speech-language pathologist while completing the postgraduate |
2 | professional experience as required by the act and who holds a current provisional license in |
3 | accordance with the requirements described in this chapter. |
4 | (8) “Clinical fellowship or traineeship” means the direct clinical work, consultation, or |
5 | other duties relevant to clinical speech-language pathology work with individuals presenting |
6 | disorders in communication, for a cumulative or equivalent total of nine (9) months of full-time |
7 | employment following completion of professional speech-language pathology education under |
8 | supervision pursuant to § 5-48-7 and the provisions of this chapter. |
9 | (9)(6) “Department” means the Rhode Island department of health. |
10 | (10)(7) “Director” means the director of the Rhode Island department of health. |
11 | (11)(8) “Graduate program” means a post-baccalaureate accredited program leading to a |
12 | master’s or doctoral degree, including a professional doctoral degree, whether offered through an |
13 | accredited graduate or professional school. |
14 | (12)(9) “Newborn hearing screener” means an audiometric aide or audiology assistant |
15 | working in a hospital-based newborn hearing screening program under the direction of the |
16 | department of health newborn hearing screening program, or its appointee. |
17 | (13)(10) “Person” means an individual, partnership organization, or corporation, except |
18 | that only individuals can be licensed under this chapter. |
19 | (14)(11) “The practice of audiology” means an audiologist rendering or offering to render |
20 | any service in audiology either in person or via telepractice as defined in § 5-48-1 and in this section |
21 | rendering or offering to render any service in audiology, including prevention, screening, and |
22 | identification, evaluation, habilitation, rehabilitation; participating in environmental and |
23 | occupational hearing-conservation programs, and habilitation and rehabilitation programs |
24 | including hearing aid and assistive-listening-device evaluation, prescription, preparation, |
25 | dispensing, and/or selling and orientation; auditory training and speech reading; conducting and |
26 | interpreting tests of vestibular function and nystagmus; conducting and interpreting |
27 | electrophysiological measures of the auditory pathway; cerumen management; evaluating sound |
28 | environment and equipment; calibrating instruments used in testing and supplementing auditory |
29 | function; and planning, directing, conducting, or supervising programs that render or offer to render |
30 | any service in audiology. |
31 | (i) The practice of audiology may include speech and/or language screening to a pass or |
32 | fail determination, for the purpose of initial identification of individuals with other disorders of |
33 | communication. |
34 | (ii) A practice is deemed to be the “practice of audiology” if services are offered under any |
| LC005260 - Page 13 of 29 |
1 | title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” |
2 | “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing |
3 | clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid |
4 | audiologist,” or any similar title or description of services. |
5 | (15)(12) “The practice of speech-language pathology” means rendering or offering to |
6 | render any service in speech-language pathology either in person or via telepractice as defined in |
7 | this section rendering or offering to render any service in speech-language pathology including |
8 | prevention, identification, evaluation, consultation, habilitation, rehabilitation; determining the |
9 | need for augmentative communication systems, dispensing and selling these systems, and |
10 | providing training in the use of these systems; and planning, directing, conducting, or supervising |
11 | programs that render or offer to render any service in speech-language pathology. |
12 | (i) The practice of speech-language pathology may include nondiagnostic pure-tone air |
13 | conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or |
14 | fail determination, for the purpose of performing a speech and language evaluation or for the initial |
15 | identification of individuals with other disorders of communication. |
16 | (ii) The practice of speech-language pathology also may include aural rehabilitation, which |
17 | is defined as services and procedures for facilitating adequate receptive and expressive |
18 | communication in individuals with hearing impairment. |
19 | (iii) A practice is deemed to be the “practice of speech-language pathology” if services are |
20 | offered under any title incorporating such words as “speech pathology,” “speech pathologist,” |
21 | “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” |
22 | “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice |
23 | therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” |
24 | “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or |
25 | description of services.. |
26 | (16)(13) “Regionally accredited” means the official guarantee that a college or university |
27 | or other educational institution is in conformity with the standards of education prescribed by a |
28 | regional accrediting commission recognized by the United States Secretary of Education. |
29 | (17)(14) “School hearing screener” means an audiometric aide or audiology assistant |
30 | working in a school-based hearing screening program under the direction of the Rhode Island |
31 | department of elementary and secondary education or its appointee. |
32 | (18)(15) “Speech-language pathologist” means an individual who is licensed by the board |
33 | to practice speech-language pathology either in person or via telepractice. |
34 | (19)(16) “Speech-language pathology” means the activities defined in § 5-48-1 and in this |
| LC005260 - Page 14 of 29 |
1 | section the application of principles, methods, and procedures for prevention, identification, |
2 | evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the |
3 | development and disorders of human communication. Disorders are defined to include any and all |
4 | conditions, whether of organic or non-organic origin, that impede the normal process of human |
5 | communication in individuals or groups of individuals who have or are suspected of having these |
6 | conditions including, but not limited to, disorders and related disorders of: |
7 | (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); |
8 | (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and |
9 | pragmatics; and including disorders of receptive and expressive communication in oral, written, |
10 | graphic, and manual modalities); |
11 | (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., |
12 | dysphasia, including disorders of swallowing and oral function for feeding; oro-facial |
13 | myofunctional disorders); |
14 | (iv) Cognitive aspects of communication (including communication disability and other |
15 | functional disabilities associated with cognitive impairment); and |
16 | (v) Social aspects of communication (including challenging behavior, ineffective social |
17 | skills, lack of communication opportunities). |
18 | (20)(17) “Speech-language pathology assistant (SLPA) support personnel” means an |
19 | individual who meets minimum qualifications established by the board, which are less than those |
20 | established by the act this chapter as necessary for licensing as a speech-language pathologist; does |
21 | not act independently; and works under the direction and supervision of a speech-language |
22 | pathologist licensed under the act this chapter who has been actively working in the field for twenty- |
23 | four (24) months after completion of the postgraduate professional experience and who accepts the |
24 | responsibility for the acts and performances of the speech-language pathology assistant while |
25 | working under this chapter. |
26 | (21)(18) “Telepractice” means the use of telecommunication technology to deliver speech- |
27 | language pathology and audiology services remotely. Other terms such as teleaudiology, |
28 | telespeech, and speech teletherapy are also used in addition to telepractice. Use of telepractice |
29 | should be of equal quality to services provided in person and consistent with adherence to the |
30 | American Speech-Language-Hearing Association (ASHA)’s Code of Ethics (ASHA, 2016a), |
31 | Scope of Practice in Audiology (ASHA, 2018), Scope of Practice in Speech-Language Pathology |
32 | (ASHA, 2016b), and Assistants Code of Conduct (ASHA, 2020) and as further provided in |
33 | regulation. |
34 | 5-48.2-4. License requirements. |
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1 | (a) No person shall practice as, advertise as, or use the title of speech-language pathologist |
2 | or audiologist in this state unless licensed in accordance with the provisions of the act and this |
3 | section chapter. The provisions of the act and this section chapter shall not apply to individuals |
4 | specifically exempt from the provisions thereof by § 5-48-10 a qualified person licensed, registered, |
5 | certified, or credentialed in this state under any other law who is practicing the profession or |
6 | business for which they are licensed, registered, certified, or credentialed, in the setting for which |
7 | the licensure, registration, certification, or credential pertains and performs services within their |
8 | authorized scope of practice. |
9 | (b) This chapter specifically excludes those persons who commercially fit and sell hearing |
10 | aids; provided that, those persons do not receive a separate or additional fee for testing or |
11 | interpreting tests of hearing; and provided that, those persons do not represent themselves as |
12 | audiologists as defined in this chapter . This subsection does not preclude remuneration for any |
13 | other service offered solely in conjunction with the fitting or maintaining of hearing aids. |
14 | (c) No one shall be exempt under subsection (a) of this section for that portion of their time |
15 | spent as a private practitioner. If they perform any work as a speech-language pathologist or |
16 | audiologist for which a fee may be paid by the recipient of the service as part of a private practice |
17 | apart from their position with the government, a license must be held. |
18 | (b) A provisional license for the clinical fellow as defined in this chapter shall be required |
19 | in speech-language pathology for that period of postgraduate professional experience as required |
20 | in §§ 5-48-7 and 5-48.2-5. A provisional license shall authorize an individual to practice speech- |
21 | language pathology solely in connection with the completion of the supervised postgraduate |
22 | professional experience. |
23 | (c)(d) Any person residing in and/or licensed in another state who provides telepractice |
24 | services in the area of speech-language pathology and audiology within the State of Rhode Island |
25 | regardless of their legal residence must be licensed in the state in accordance with the provisions |
26 | of the act and this chapter. The provisions of the act and this chapter shall not apply to individuals |
27 | specifically exempt from the provisions thereof by § 5-48-10 5-48.2-4(b). |
28 | 5-48.2-5. Qualifications for licensure Qualifications for licensure as a speeech |
29 | language pathologist. |
30 | (a) Audiologists. In addition to the requirements set forth in § 5-48-7.2, persons seeking |
31 | initial licensure as an audiologist providing in-person or telepractice services shall meet the |
32 | following requirements: |
33 | (1) Submit an official transcript indicating possession of an earned doctorate degree in |
34 | audiology from a regionally accredited educational institution or other national accrediting |
| LC005260 - Page 16 of 29 |
1 | organization as may be approved by the board; |
2 | (2) Pass a national examination in audiology approved by the board; |
3 | (3) Present evidence of practicum experience that is equivalent to a minimum of twelve |
4 | (12) months of full-time, supervised experience, that may be completed as part of the graduate |
5 | degree, as delineated in this chapter; |
6 | (4) Applicants with a master’s degree holding licensure from another state must present |
7 | verification of a Certificate of Clinical Competence from the American Speech-Language-Hearing |
8 | Association (ASHA) or other national accrediting association as may be approved by the board. |
9 | (b) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed |
10 | as an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements |
11 | of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. |
12 | (c) Speech-language pathologists. In addition to the requirements set forth in § 5-48-7, an |
13 | applicant seeking licensure to practice as a speech-language pathologist who provides in-person or |
14 | telepractice services in Rhode Island must have attained |
15 | Speech language pathologists. |
16 | To be eligible for licensure by the board as a speech-language pathologist the applicant |
17 | must: |
18 | (1) Be of good moral character; |
19 | (2) Apply to the department, upon a form prescribed by the department; |
20 | (3) Submit the appropriate application fee; |
21 | (4) Complete supervised clinical-practicum experiences from an educational institution or |
22 | its cooperating programs. The content of the practicum shall be in accordance with the current, |
23 | minimum requirement for the certificate of clinical competence issued by the American Speech- |
24 | Language-Hearing Association (ASHA) or other national accrediting association as may be |
25 | approved by the board delineated in the rules and regulations; |
26 | (5) Pass a national examination in speech-language pathology as required by ASHA or |
27 | other national accrediting association as may be approved by the board and delineated in the rules |
28 | and regulations; |
29 | (6) Present verification of a certificate of clinical competence from ASHA or other national |
30 | accrediting association as may be approved by the board; |
31 | (7) If applicable, present evidence from the board of speech-language pathology in each |
32 | state in which the applicant has held or holds licensure to be submitted to the board of this state, |
33 | attesting to the licensure status of the applicant during the time period the applicant held licensure |
34 | in the state; and |
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1 | (8) Attained a master’s degree or a doctoral degree or equivalent in speech-language |
2 | pathology from an accredited educational institution accredited by the Council on Academic |
3 | Accreditation (CAA) of the American Speech-Language-Hearing Association (ASHA) or other |
4 | national accrediting association as may be approved by the board. The degree shall consist of course |
5 | work in accordance with the current minimum requirements for the Certificate of Clinical |
6 | Competence issued by the American Speech-Language-Hearing Association (ASHA) or other |
7 | national accrediting association as may be approved by the board. |
8 | (d) Qualifications for a provisional license for speech-language pathologists. To be |
9 | eligible for provisional licensure by the department, the speech-language pathologist must submit |
10 | an application with the required application fee and be in compliance with the requirements of this |
11 | chapter and § 5-48-7.1. |
12 | 5-48.2-6. Issuance and renewal of license and fee. |
13 | (a) The department shall issue a license as an audiologist or speech-language pathologist, |
14 | or renewal thereof, for a period of two (2) years. The license, unless sooner suspended or revoked, |
15 | shall expire on the first day of July, two (2) years following its issuance, and may be renewed |
16 | biennially (in even years); provided the applicant meets the requirements of this chapter. |
17 | (b) A license may be renewed by submission of the renewal application and renewal fee as |
18 | set forth in the fee structure for licensing, laboratory, and administrative services provided by the |
19 | department of health in their regulations payable before July 1 of even years (biennially). |
20 | (c) A provisional license may be renewed annually from the date of issue, if the |
21 | postgraduate professional experience has exceeded one year, by submission of the renewal |
22 | application and renewal fee as set forth in the fee structure for licensing, laboratory, and |
23 | administrative services provided by the department of health. A provisional license shall not exceed |
24 | thirty-six (36) months past the initiation of the professional experience and will expire ninety (90) |
25 | days after the end of the postgraduate professional experience. |
26 | (d)(1) Any licensee who allows their license to lapse by failing to renew it on or before the |
27 | thirtieth day of June of even years (biennially), may have the license renewed reinstated by |
28 | submitting to the department an application, and renewal fee plus an additional late fee as set forth |
29 | in the fee structure for licensing, laboratory, and administrative services provided by the department |
30 | of health. |
31 | (2) Any person who allows their license to lapse longer than two (2) consecutive licensing |
32 | periods may be reinstated by the department, upon the filing of: |
33 | (i) A reinstatement application for licensure; |
34 | (ii) Payment of the current licensure renewal fee plus an additional late fee as set forth in |
| LC005260 - Page 18 of 29 |
1 | the fee structure for licensing, laboratory, and administrative services provided by the department |
2 | of health; and |
3 | (iii) Documentation of completion of continuing education units (CEUs) as required in this |
4 | chapter taken during the previous two (2) years § 23-1-54, and documentation of completion of |
5 | continuing education units (CEUs) as required in this chapter taken during the previous two (2) |
6 | years. |
7 | (e) Inactive status. |
8 | (1) An individual licensed as a speech-language pathologist and/or audiologist in Rhode |
9 | Island, not in the active practice of speech-language pathology or audiology within Rhode Island |
10 | during any year, may upon request to the department have their name transferred to an inactive |
11 | status and shall not be required to register biennially or pay any fee as long as the individual remains |
12 | inactive. |
13 | (2) Inactive status may be maintained for no longer than two (2) consecutive licensing |
14 | periods, after which period licensure will be terminated and a reinstatement application submitted |
15 | to the department will be required to resume practice. |
16 | (3) Any individual whose name has been transferred to an inactive status may be restored |
17 | to active status within two (2) licensing periods to practice speech-language pathology or audiology |
18 | without a penalty fee, upon the filing of: |
19 | (i) An application for licensure renewal with a licensure renewal fee as set forth in the fee |
20 | structure for licensing, laboratory, and administrative services provided by the department of health |
21 | § 23-1-54; and |
22 | (ii) Such other information as may be requested by the board. |
23 | (f) Any non-provisional, active license may be renewed by submission of the renewal |
24 | application and renewal fee as set forth in regulations payable before July 1 of even years |
25 | (biennially). |
26 | 5-48.2-7. Denial, suspension, and revocation of license. |
27 | (a) The board is authorized to deny, suspend or revoke any license to practice speech- |
28 | language pathology and/or audiology or discipline any licensee upon a finding by the board that |
29 | the person is guilty of conduct as set forth in § 5-48-11, and in addition: |
30 | (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, |
31 | licensee, holder, or for another; |
32 | (2) Fraudulently or deceptively used a license; |
33 | (3) Altered a license; |
34 | (4) Aided or abetted unlicensed practice; |
| LC005260 - Page 19 of 29 |
1 | (5) Committed fraud and deceit in the practice of speech-language pathology or of |
2 | audiology including, but not limited to: |
3 | (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful |
4 | advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, |
5 | or any other representation; |
6 | (ii) Falsely representing the use or availability of services or advice of a physician; |
7 | (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any |
8 | similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained |
9 | from an accredited institution; |
10 | (iv) Making or filing a false report or record in the practice of speech-language pathology |
11 | or audiology; |
12 | (v) Submitting a false statement to collect a fee; and |
13 | (vi) Obtaining a fee through fraud or misrepresentation; |
14 | (6) Providing services while mentally incompetent; |
15 | (7) Engaging in illegal, incompetent, or habitually negligent practice; |
16 | (8) Providing professional services while: |
17 | (i) Under the influence of alcohol; or |
18 | (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of |
19 | therapeutic amounts or without valid medical indication; |
20 | (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit |
21 | from these devices, appliances, or products; |
22 | (10) Violating any provision of this chapter, any lawful order given, or rule or regulation |
23 | adopted by the board or departure from or failure to conform to the current standards of acceptable |
24 | prevailing practice and code of ethics of speech-language pathology or audiology; |
25 | (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not |
26 | any appeal or another proceeding is pending to have the conviction or plea set aside; |
27 | (12) Incompetent or negligent misconduct in the practice of speech-language pathology or |
28 | audiology; |
29 | (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; |
30 | (14) Being disciplined by a licensing or disciplinary authority of any other state or country, |
31 | or convicted or disciplined by a court of any state or country, for an act that would be grounds for |
32 | disciplinary action under this section; or |
33 | (15) Failing to maintain continuing education requirements. |
34 | (1)(16) Violating any provision of the act this chapter, any lawful order given, or rule or |
| LC005260 - Page 20 of 29 |
1 | regulation adopted by the board or departure from or failure to conform to the current standards of |
2 | acceptable prevailing practice and code of ethics of speech-language pathology or audiology as |
3 | adopted by the board and as contained in the “American Speech-Language-Hearing Association |
4 | Code of Ethics” as incorporated in this chapter. The board need not establish actual injury to clients |
5 | in order to adjudge a speech-language pathologist or audiologist of the above-named conduct. |
6 | (2)(b) The procedure for denial, revocation, or suspension of a license or discipline of a |
7 | licensee shall be as that set forth in § 5-48-13. §§ 5-48.2-7(b)(1) through 5-48.2-7(b)(8): |
8 | (1) Notice, in writing, of a contemplated revocation or suspension of a license, of this |
9 | particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the |
10 | licensee at his or her last known address at least fifteen (15) days before the date of the hearing. |
11 | (2) The individual against whom a charge is filed has the right to appear before the board |
12 | in person or by counsel, or both; may produce witnesses and evidence on his or her behalf; and |
13 | may question witnesses. |
14 | (3) No license shall be revoked or suspended without a hearing, but the nonappearance of |
15 | the licensee, after notice, shall not prevent a hearing. |
16 | (4) All matters upon which the decision is based shall be introduced in evidence at the |
17 | proceeding. |
18 | (5) The licensee shall be notified, in writing, of the board’s decision. |
19 | (6) The board may make any rules and regulations that it deems proper for the filing of |
20 | charges and the conduct of hearings. |
21 | (7) After issuing an order of revocation or suspension, the board may also file a petition in |
22 | equity in the superior court in the county in which the respondent resides or transacts business, to |
23 | ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the |
24 | final determination. |
25 | (8) An application for reinstatement may be made to the board, which may, upon the |
26 | affirmative vote of at least the majority of its members, grant a reinstatement. |
27 | 5-48.2-8. Support personnel. |
28 | (a) A speech-language pathology assistant (SLPA) for speech-language pathologists shall |
29 | meet the following requirements: |
30 | (1) Possess at minimum a: |
31 | (i) Two-year (2) speech-language pathology assistant program degree from an accredited |
32 | institution; or |
33 | (ii) Bachelor’s degree in communication sciences and disorders from an accredited |
34 | institution; or |
| LC005260 - Page 21 of 29 |
1 | (iii) Bachelor’s degree and a certificate from a board approved speech-language pathology |
2 | assistant program; or |
3 | (iv) Associate’s, bachelor’s, or advanced degree from an accredited institution in a related |
4 | field to include, but not limited to, human development and family sciences, education, or |
5 | psychology and complete at least eighteen (18) credit hours in coursework in speech-language |
6 | pathology in the following areas: introductory or overview course in communication disorders, |
7 | phonetics, anatomy and physiology of speech and hearing mechanisms, language development, |
8 | speech and language disorders, and clinical methods in speech-language pathology. |
9 | (2) Complete: |
10 | (i) Twenty-five (25) hours of documented observation of a licensed speech-language |
11 | pathologist, which may be accomplished within an undergraduate program of study; and |
12 | (ii) One hundred (100) clinical hours under the supervision of a licensed speech-language |
13 | pathologist. |
14 | (b) Scope of practice of speech-language pathology assistants. A licensed speech-language |
15 | pathology assistant shall only engage in those duties that adhere to the code of ethics of the board |
16 | and are planned, designed, and supervised by a licensed speech-language pathologist, including: |
17 | (1) Developing low-tech augmentative and alternative communication materials for |
18 | students, patients, and clients; |
19 | (2) Assisting with speech, language, and hearing screenings without clinical interpretation |
20 | of results; |
21 | (3) Administering and scoring screenings for clinical interpretation by the supervising |
22 | speech-language pathologist; |
23 | (4) Assisting with, but not administering or interpreting the results of, client assessments, |
24 | including setting up the testing environment, gathering and preparing materials, and taking notes; |
25 | (5) Administering and scoring assessments and progress monitoring tools without clinical |
26 | interpretation of results, if the licensed speech-language pathology assistant meets the examiner |
27 | requirements for such tools and the supervising speech-language pathologist has verified that such |
28 | examiner requirements have been met; |
29 | (6) Performing routine activities for therapy sessions in accordance with a plan developed |
30 | and directed by the speech-language pathologist who retains the professional responsibility for such |
31 | client, including: |
32 | (i) Implementing documented care plans or protocols; |
33 | (ii) Providing direct therapy services to address treatment goals; |
34 | (iii) Adjusting and documenting the amount and type of support or scaffolding provided to |
| LC005260 - Page 22 of 29 |
1 | the client in treatment to facilitate progress; and |
2 | (iv) Developing and implementing activities and materials for teaching and practice of |
3 | skills to address the goals of the client; |
4 | (7) Providing treatment through a variety of service delivery models as directed by the |
5 | supervising speech-language pathologist; |
6 | (8) Utilizing telecommunications technology to provide services remotely to clients as |
7 | directed by the supervising speech-language pathologist; |
8 | (9) Documenting client performance and reporting such performance information to the |
9 | supervising speech-language pathologist; |
10 | (10) Providing caregiver coaching, including modeling and teaching communication |
11 | strategies and providing feedback regarding caregiver-client interactions for facilitation and |
12 | carryover of skills; |
13 | (11) Sharing objective information regarding client performance without interpretation or |
14 | recommendations as directed by the supervising speech-language pathologist; |
15 | (12) Assisting with programming augmentative and alternative communication devices |
16 | and assisting and training clients with using such devices; |
17 | (13) Demonstrating strategies and assisting clients with skills included in the feeding and |
18 | swallowing plan developed by the supervising speech-language pathologist; |
19 | (14) Signing or initialing informal treatment notes and, upon request, co-signing formal |
20 | documents with the supervising speech-language pathologist; |
21 | (15) Assisting with clerical duties and site operations, including preparing materials, |
22 | scheduling appointments and activities, preparing charts, records, or graphs, and performing checks |
23 | and maintenance of equipment; |
24 | (16) Assisting clients with transitioning to and from therapy sessions; and |
25 | (17) Performing duties not otherwise restricted to the practice of speech-language |
26 | pathology. |
27 | (c) A speech-language pathologist assistant shall not hold themself out to be, or use the |
28 | title speech-language pathology assistant unless licensed pursuant to this chapter and shall not |
29 | engage in the practice of speech-language pathology, including the following: |
30 | (1) Representing themselves as a speech-language pathologist; |
31 | (2) Performing diagnostic tests or evaluations; |
32 | (3) Performing procedures that require a professional level of clinical judgment and |
33 | technical skill; |
34 | (4) Interpreting results and observations of feeding and swallowing evaluations or |
| LC005260 - Page 23 of 29 |
1 | screenings performed by a speech-language pathologist; |
2 | (5) Participating in formal conferences or meetings without the presence of the supervising |
3 | speech-language pathologist; |
4 | (6) Providing interpretative information to a client, the family of a client, or any other |
5 | individual; |
6 | (7) Writing, developing, or modifying a client’s treatment plan; |
7 | (8) Assisting in or providing services described in subsection (a) of this section unless |
8 | directed by the supervising speech-language pathologist; |
9 | (9) Signing any formal documents in place of the supervising speech-language pathologist; |
10 | (10) Selecting a client for service or discharging a client from service; |
11 | (11) Making a decision regarding the need for additional services or making a referral for |
12 | service; |
13 | (12) Disclosing clinical or confidential information either orally or in writing to anyone |
14 | other than the supervising speech-language pathologist, unless mandated by law or authorized by |
15 | the supervising speech-language pathologist; |
16 | (13) Developing or determining the swallowing or feeding strategies or precautions for a |
17 | client or providing feeding or swallowing treatment; |
18 | (14) Selecting augmentative and alternative communication systems or devices; or |
19 | (15) Treating medically fragile students, patients, and clients without one hundred percent |
20 | (100%) direct supervision by a licensed speech-language pathologist. |
21 | (d) A speech-language pathology assistant (SLPA) shall be licensed at the department and |
22 | be required to renew their license every two (2) years. |
23 | (e) Support personnel for audiologists (audiometric aide) or audiology assistants must meet |
24 | the following requirements: |
25 | (1) Hold a high school diploma; |
26 | (2) Receive intensive on-the-job training in accordance with the American Speech- |
27 | Language-Hearing Association (ASHA) or American Academy of Audiology (AAA) guidelines |
28 | for support personnel by the supervising licensed audiologist prior to providing services. Any |
29 | subsequent supervising licensed audiologist may require retraining of an audiometric aide or |
30 | audiology assistant under the supervising licensed audiologist’s supervision. |
31 | (3) Audiometric aides or audiology assistants shall be registered licensed at the department |
32 | and be required to re-register renew the license every two (2) years. |
33 | 5-48.2-13. Rules governing practices and procedures. |
34 | All hearings and reviews required under the provisions of the act this chapter shall be held |
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1 | in accordance with the provisions of the rules and regulations regarding practices and procedures |
2 | before the department of health. |
3 | SECTION 3. Chapter 5-48.2 of the General Laws entitled "Professional Licensing and |
4 | Regulation of Speech-Language Pathologists and Audiologists" is hereby amended by adding |
5 | thereto the following sections: |
6 | 5-48.2-3.1. Board of examiners -- Composition -- Appointments, terms, and |
7 | qualifications of members. |
8 | (a) There exists within the department of health a board of examiners of speech-language |
9 | pathology and audiology. The board shall consist of five (5) persons who are residents of the state |
10 | and who have worked within the state for at least one year prior to their appointments. |
11 | (1) Two (2) members shall be speech-language pathologists who have practiced speech- |
12 | language pathology for at least five (5) years preceding appointment, are currently practicing |
13 | speech-language pathology, and hold active and valid licensure for the practice of speech-language |
14 | pathology in this state. |
15 | (2) One member shall be an audiologist who has practiced audiology for at least five (5) |
16 | years immediately preceding appointment, is currently practicing audiology, and holds active and |
17 | valid licensure for the practice of audiology in this state. |
18 | (3) One member shall be an otolaryngologist who holds certification by the American |
19 | Academy of Otolaryngology -- head and neck surgery, who is currently practicing otolaryngology, |
20 | and holds active and valid licensure as a physician within this state. |
21 | (4) One member shall be a representative of the consumer public who is not associated |
22 | with or financially interested in the practice or business of speech-language pathology or audiology. |
23 | (b) All appointments to the board shall be for the term of three (3) years. Members shall |
24 | serve until the expiration of the term for which they have been appointed or until their appointed |
25 | successors are qualified. |
26 | (c) When a vacancy upon the board occurs, the director of the department of health shall, |
27 | with the approval of the governor, appoint persons who are working within the state to fill the |
28 | remainder of the vacant term. |
29 | (d) The board shall reorganize annually during the month of January and shall select a |
30 | chairperson. |
31 | (e) A majority of currently filled positions shall constitute a quorum to do business. |
32 | (f) No person shall be appointed to serve more than two (2) consecutive terms. |
33 | (g) The first board and all future members shall be appointed by the director of the |
34 | department of health, with the approval of the governor. |
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1 | (h) The director of the department of health, with the approval of the governor, may remove |
2 | any member of the board for dishonorable conduct, incompetency, or neglect of duty. |
3 | 5-48.2-3.2. Board of examiners -- Duties and powers -- Meetings -- Compensation of |
4 | members. |
5 | (a) The board shall administer, coordinate, and enforce the provisions of this chapter; |
6 | evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and |
7 | administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this |
8 | chapter and impose penalties if any violations of the chapter have occurred. |
9 | (b) The board shall conduct hearings and keep records and minutes as necessary to an |
10 | orderly dispatch of business. |
11 | (c) The board shall, with the approval of the director of the department of health, adopt, |
12 | amend, or repeal rules and regulations including, but not limited to, regulations that delineate |
13 | qualifications for licensure and establish standards of professional conduct. Following their |
14 | adoption, the rules and regulations shall govern and control the professional conduct of every |
15 | person who holds a license to practice speech-language pathology or audiology in this state. |
16 | (d) The board shall make available complete lists of the names and addresses of all licensed |
17 | speech-language pathologists and audiologists. |
18 | (e) The board may request legal advice and assistance from the appropriate state legal |
19 | officer. |
20 | (f) Regular meetings of the board shall be held at the times and places that it prescribes, |
21 | and special meetings may be held upon the call of the chairperson; provided that, at least one regular |
22 | meeting shall be held each year. |
23 | (g) The conferral or enumeration of specific powers in this chapter shall not be construed |
24 | as a limitation of the general powers conferred by this section. No member of the board shall be |
25 | liable to civil action for any act performed in good faith in the performance of his or her duties as |
26 | prescribed by this chapter. |
27 | (h) Board members shall serve without compensation. |
28 | (i) The board may deny, revoke, or suspend licenses or discipline licensees in accordance |
29 | with the provisions of this chapter subject to the approval of the director. |
30 | 5-48.2-14. Qualifications for provisional licensure. |
31 | (a) To be eligible for provisional licensure by the board, the speech-language pathologist |
32 | applicant must submit an application with the required application fee and be in compliance with |
33 | the requirements of §§ 5-48.2-5(a)(1), 5-48.2-5(a)(4), 5-48.2-5(a)(5), and 5-48.2-5(a)(8). |
34 | (b) In addition to the requirements of subsection (a) of this section, content of the |
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1 | supervised postgraduate professional experience shall meet the standards of a trainee or fellow of |
2 | speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or |
3 | other national accrediting association as may be approved by the board. |
4 | (c) If the postgraduate professional experience extends beyond one year, provisional |
5 | licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the |
6 | professional experience. |
7 | (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate |
8 | professional experience. |
9 | 5-48.2-15. Qualifications for licensure as an audiologist. |
10 | Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet |
11 | the following requirements: |
12 | (1) Be of good moral character; |
13 | (2) Apply to the board, upon a form prescribed by the board; |
14 | (3) Submit the appropriate application fee; |
15 | (4) Submit an official transcript indicating possession of an earned doctorate degree in |
16 | audiology from a regionally accredited educational institution as delineated in the rules and |
17 | regulations; |
18 | (5) Pass a national examination in audiology approved by the board and delineated in the |
19 | rules and regulations; |
20 | (6) Present evidence of practicum experience that is equivalent to a minimum of twelve |
21 | (12) months of full-time, supervised experience, that may be completed as part of the graduate |
22 | degree, as delineated in the rules and regulations; |
23 | (7) If applicable, present evidence from the board of audiology in each state in which the |
24 | applicant has held or holds licensure to be submitted to the board of this state, attesting to the |
25 | licensure status of the applicant during the time period the applicant held licensure in the state; |
26 | (8) Any other requirements as set forth in the rules and regulations. |
27 | (9) Applicants with a master’s degree holding licensure from another state must present |
28 | verification of a Certificate of Clinical Competence from the American Academy of Audiology |
29 | (AAA) or other national accrediting association as may be approved by the board. |
30 | (10) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed as |
31 | an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements |
32 | of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. |
33 | 5-48.2-16. Receipts. |
34 | The proceeds of any fees collected pursuant to the provisions of this chapter shall be |
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1 | deposited as general revenues. |
2 | SECTION 4. Section 5-48.2-2 of the General Laws in Chapter 5-48.2 entitled "Professional |
3 | Licensing and Regulation of Speech-Language Pathologists and Audiologists" is hereby repealed. |
4 | 5-48.2-2. Incorporated materials. |
5 | This chapter hereby adopts and incorporates the American Speech-Language-Hearing |
6 | Association’s “American Speech-Language-Hearing Association Code of Ethics” (2016) by |
7 | reference, not including any further editions or amendments thereof and only to the extent that the |
8 | provisions therein are not inconsistent with these regulations. |
9 | SECTION 5. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS -- SPEECH-LANGUAGE PATHOLOGY | |
AND AUDIOLOGY | |
*** | |
1 | This act would repeal the older of the two existing chapters related to speech-language |
2 | pathologists and audiologists and would make several amendments to reconcile the two statutes |
3 | into one. |
4 | This act would take effect upon passage. |
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