2026 -- H 7922

========

LC005260

========

     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Audiology" is hereby repealed in its entirety.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.

 

LC005260 - Page 2 of 29

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

 

LC005260 - Page 3 of 29

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.

 

LC005260 - Page 4 of 29

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.

 

LC005260 - Page 5 of 29

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

 

LC005260 - Page 6 of 29

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

 

LC005260 - Page 7 of 29

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

 

LC005260 - Page 8 of 29

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

 

LC005260 - Page 9 of 29

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

 

LC005260 - Page 10 of 29

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

 

LC005260 - Page 11 of 29

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.

 

LC005260 - Page 15 of 29

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

 

LC005260 - Page 17 of 29

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

 

LC005260 - Page 24 of 29

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.

 

LC005260 - Page 25 of 29

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

 

LC005260 - Page 26 of 29

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

 

LC005260 - Page 27 of 29

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.

========

LC005260

========

 

LC005260 - Page 28 of 29

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.

========

LC005260

========

 

LC005260 - Page 29 of 29