LAWS OF DELAWARE
VOLUME 84
CHAPTER 418
152nd GENERAL ASSEMBLY
FORMERLY
SENATE BILL NO. 320
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS, AND HEARING AID DISPENSERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 37, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3701. Objectives.
The primary objective of the Board of Speech/Language Pathologists, Audiologists Audiologists, and Hearing Aid Dispensers, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.
§ 3702. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning: For purposes of this chapter:
(1) “Audiologist” means a person who is licensed to practice audiology pursuant to this chapter and who offers such services to the public under any title or description of services incorporating the words “audiologist,” “hearing clinician,” “hearing therapist,” “aural rehabilitator”rehabilitator,” or any other similar title or description of service.
(2) “Board” means the State Board of Speech/Language Pathologists, Audiologists Audiologists, and Hearing Aid Dispensers established in this chapter.
(3) “Division” means the state Division of Professional Regulation.
(4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs an individual’s ability to perform the work of a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser.
(5) “Hearing aid dispenser” means a person licensed to dispense prescription hearing aids pursuant to this chapter.
(6) “Over-the-counter hearing aid” means an air-conduction hearing aid that does not require implantation or other surgical intervention, and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. The device, through tools, tests, or software, allows the user to control the hearing aid and customize it to the user’s hearing needs. The device may use wireless technology or may include tests for self-assessment of hearing loss. The device is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online, provided that the device satisfies the requirements in this section.
(7) “Person” means a corporation, company, association, or partnership, as well as an individual. Licenses shall be issued only to individuals under this chapter.
(8) “Practice of audiology” means the application of principles, methods and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, and rehabilitation related to hearing, disorders of hearing, and balance for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups. For the purpose of this paragraph, the terms “habilitation” and “rehabilitation” shall include includes hearing aid evaluation, recommendation, and fitting and selecting, adapting, and distributing or selling of hearing aids. The practice of audiology includes the practice of dispensing prescription hearing aids.
(9) “Practice of hearing aid dispensing” means the selection, fitting, dispensing, adapting, selling, or renting of prescription hearing aids to a prospective hearing aid user who is at least eighteen 18 years of age.
a. A hearing aid dispenser may:
1. Perform otoscopic observation of the ear canal solely for the purpose of fitting a prescription hearing aid or making necessary referrals.
2. Perform nondiagnostic testing of hearing solely for the purpose of fitting a prescription hearing aid or making necessary referrals.
3. Make ear impressions for manufacture or modification of ear molds and prescription hearing aids.
4. Make adjustments and repairs to prescription hearing aids for impaired hearing only.
5. Provide instruction, orientation, and counseling on the use and operation of a prescription hearing aid.
b. A hearing aid dispenser may not:
1. Provide cerumen management services.
2. Adapt or adjust prescription hearing aids to conduct sound therapy treatment for tinnitus management.
3. Verbally or in writing make a statement or reference to a prospective prescription hearing aid user regarding any audiologic or medical condition or diagnosis.
c. For this the purpose of the this paragraph, “audiologic diagnosis” means the diagnosis of a conductive and sensorineural hearing loss. Before dispensing a prescription hearing aid, a hearing aid dispenser shall advise a prospective hearing aid user to consult immediately with a licensed physician if the hearing aid dispenser determines the presence of any of the following:
1. Visible congenital or traumatic deformity of the ear.
2. History of active drainage from the ear within the previous 90 days.
3. History of sudden or rapidly progressive hearing loss within the previous 90 days.
4. Acute or chronic dizziness.
5. Unilateral hearing loss within the previous 90 days or since the last evaluation.
6. Audiometric air bone gap equal to or greater than 15 dB at 500 Hertz, 100 Hertz, and 2000 Hertz.
7. Visible evidence of significant cerumen accumulation or a foreign body in the ear canal.
8. Tinnitus as a primary symptom.
9. Pain or discomfort in the ear.
(10) “Practice of speech/language pathology” means the application of principles, methods, and procedures for measurement, testing, evaluation, prediction, counseling, instruction, habilation habilitation, or rehabilitation related to the development and disorders of speech, language, voice, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, or modifying such disorders in individuals and groups.
(11) “Prescription hearing aid” means a hearing aid that is not an over-the-counter hearing aid as defined in this section.
(12) “Speech/language pathologist” means a person who is licensed to practice speech/language pathology pursuant to this chapter and who offers such services to the public under any title or description of services incorporating the words “speech/language pathologist,” “speech pathologist,” “language pathologist,” “speech and/or language therapist,” “speech and/or language correctionist,” “speech and/or language clinician,” “voice therapist,” “communicologist,” “aphasiologist” aphasiologist,” or any other similar title or description of service.
(13) “Speech/language pathology assistant” means a person licensed by the Board who performs tasks prescribed, directed, and supervised by a licensed speech/language pathologist.
a. A speech/language pathology assistant may do all of the following under the supervision of a licensed speech/language pathologist:
1. Conduct speech and language screenings without interpretation, using screening protocols specified by the supervising speech/language pathologist.
2. Provide direct treatment assistance identified by the supervising speech/language pathologist by following written treatment plans, individualized education programs, individual support plans, or protocol developed by the supervising speech/language pathologist.
3. Document patient, client, or student progress toward meeting established objectives as stated in the treatment plan, individual support plan, or individualized education program without interpreting the findings and report this information to the supervising speech/language pathologist.
4. Assist the supervising speech/language pathologist in collecting and tallying data for assessment purposes, without interpreting the data.
5. Assist with informal documentation during an intervention session by collecting and tallying data as direct by the supervising speech/language pathologist, preparing materials, and assisting with other clerical duties as specified by the supervising speech/language pathologist.
6. Schedule activities and prepare charts, records, graphs, or other displays of data.
7. Perform checks and maintenance of equipment.
8. Participate with the supervising speech/language pathologist in research projects, in-service training, and public relations programs.
9. Sign and initial treatment notes for review and co-signature by the supervising speech/language pathologist.
b. A speech/language pathology assistant may not do any of the following:
1. Conduct swallowing screening, assessment, and intervention protocols, including modified barium swallow studies.
2. Administer standardized or non-standardized diagnostic tests or formal or informal evaluations or interpret test results.
3. Participate in parent conferences, case conferences, or any interdisciplinary team meeting without the presence of the supervising speech/language pathologist.
4. Write, develop, or modify a patient’s, client’s, or student’s treatment plan, individual support plan, or individualized education program, whether or not prepared by the supervising speech/language pathologist.
5. Provide intervention for patients, clients, or students without following the treatment plan, individual support plan, or individualized education program prepared by the supervising speech/language pathologist.
6. Sign any formal documents, including treatment plans, individualized education programs, reimbursement forms, or reports.
7. Select patients, clients, or students for services.
8. Discharge patients, clients, or students from services.
9. Unless required by law, disclose clinical or confidential information orally or in writing to anyone not designated by the supervising speech/language pathologist.
10. Make a referral for any additional service.
11. Communicate with the patient, client, or student or with the family or others regarding any aspect of the patient, client, or student status without the specific consent of the supervising speech/language pathologist.
12. Claim to be a speech/language pathologist.
13. Write a formal screening, diagnostic, progress, or discharge note.
14. Perform any task without the express knowledge and approval of the supervising speech/language pathologist.
(14) “State” means the State of Delaware.
(15) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of speech/language pathology, speech/language pathology assistant, audiology audiology, and/or the dispensing of hearing aids.
(16) “Supervising speech/language pathologist” means a licensed speech/language pathologist who meets the requirements of the Board’s rules and regulations and who provides direction and evaluation of the tasks assigned to the speech/language pathology assistant, including direct and indirect supervision as set forth in the Board’s rules and regulations.
§ 3703. Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
(a) There is created a State Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, which shall administer and enforce this chapter.
(b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this State: consists of 9 members appointed by the Governor who must be residents of this State and are as follows:
(1) 3 shall Three must be speech/language pathologists licensed under this chapter;.
(2) 2 shall Two must be audiologists licensed under this chapter,.
(3) 1 shall One must be a hearing aid dispenser licensed under this chapter, and.
(4) 3 Three public members. Each professional member of the Board shall be a primary practitioner of that member’s specialty. The public members must be accessible to inquiries, comments, and suggestions from the general public and are subject to all of the following:
a. A public member shall may not be, nor ever have been, any of the following:
1. A speech/language pathologists, pathologist.
2. A speech/language pathology assistant.
3. audiologists An audiologist. or
4. A hearing aid dispensers; dispenser. nor
5. members A member of the immediate family of a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser; dispenser. shall not have been
6. employed Employed by a speech/language pathologist, audiologist audiologist, or hearing aid dispenser, or a company engaged in the practice of speech/language pathology, audiology audiology, or dispensing hearing aids; aids.
b. The member may shall not have a material interest in the providing of goods and services to speech/language pathologists, speech/language pathology assistants, audiologists audiologists, or hearing aid dispensers; dispensers. nor
c. The member may not have been engaged in an activity directly related to speech/language pathology, audiology audiology, or dispensing hearing aids. The public members shall be accessible to inquiries, comments and suggestions from the general public.
(c) Each member shall serve serves for a period of 3 years and may be reappointed to serve 1 additional 3-year term. Each term of office expires on the date specified in the appointment, except that a member may serve until a successor is duly appointed.
(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period shall may again be appointed to the Board until an interim period of at least 1 term has expired since such person last served.
(e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section unless such an amendment or revision amends this section to permit such an appointment.
(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency incompetency, or neglect of duty. A member subject to disciplinary hearing shall be is disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.
(g) No member of the Board, while serving on the Board, shall may hold elective office in any professional association of speech/language pathologists, speech/language pathology assistants, audiologists audiologists, or hearing aid dispensers; this includes a prohibition against serving as head of a professional association’s Political Action Committee (PAC).
(h) The provisions set forth in Chapter 58 of Title 29 shall apply applies to all members of the Board.
(i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular business meetings during any calendar year shall be is guilty of neglect of duty.
(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel; and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.
§ 3704. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such times as the President deems necessary or at the request of a majority of the Board members.
(b) The Board annually shall elect a President and Secretary. Each officer shall serve serves for 1 year, and shall may not succeed oneself for more than 2 consecutive terms.
(c) A majority of the members shall constitute constitutes a quorum for the purpose of transacting business, and no disciplinary action shall may be taken without the affirmative vote of at least 5 members.
(d) The Division shall take and maintain minutes of all meetings.
§ 3705. Records.
The Division shall keep a register of all approved applications for license as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, and hearing aid dispenser, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings hearings, and such other matters as the Board shall determine. Such records shall be are prima facie evidence of the proceedings of the Board.
§ 3706. Powers and duties; immunity.
(a) The Board of Speech/Language Pathologists, Audiologists Audiologists, and Hearing Aid Dispensers shall have has authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all affected. All rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter.
(2) Designate the application form to be used by all applicants and to process all applications.
(3) Designate the national, written, standardized examinations in speech/language pathology, audiology audiology, and hearing aid dispensing, prepared by a national testing service(s) service, to be taken by all persons applying for licensure as speech/language pathologists, audiologists audiologists, and/or or hearing aid dispensers. dispensers; applicants Applicants who qualify for licensure by reciprocity shall must have achieved a passing score on all parts of the designated written national examination in the applicant’s specialty.
(4) Evaluate the credentials of all persons applying for a license to practice speech/language pathology, audiology audiology, or to dispense prescription hearing aids in this State in order to determine whether such persons meet the qualifications set forth in this chapter.
(5) Grant licenses to, to and renew licenses of all persons who meet the qualifications for licensure, including those persons who apply for temporary licensure.
(6) Establish by rule and regulation continuing education standards required for license renewal.
(7) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified certified, or registered in another jurisdiction to practice speech/language pathology, audiology audiology, and or dispense hearing aids has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.
(8) Refer all complaints from licensees and the public concerning persons licensed in this chapter or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.
(9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.
(10) Where it has been determined after a hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty.
(11) Establish by rule and regulation a code of ethics for each professional specialty.
(12) Establish by rule and regulation standards for electronic equipment used for the purpose of measuring hearing, and require proof of calibration for such equipment annually.
(13) Establish requirements for licensed hearing aid dispenser and licensed audiologist to:
a. At the time of the initial examination for fitting and sale of a hearing aid, to notify the prospective purchaser or client of the operation and benefits of telecoil, also known as “t” coil, or “t” switch technology, in using a hearing aid with “hearing loop” technology; and technology.
b. Provide written information explaining telecoil and its uses, including increased access to telephones, and communication with businesses and in the community, and noninvasive access to assistive listening systems.
(14) Establish by rule and regulation standards for the sale of prescription hearing aids.
(b) No member shall may participate in any action of the Board involving directly or indirectly any person related in any way by blood or marriage to said member.
(c) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of speech/language pathology, audiology audiology, and/or or the dispensing of hearing aids.
Subchapter II. License
§ 3707. License required.
(a) No person shall may engage in the practice of speech/language pathology, audiology audiology, or dispense hearing aids or hold himself or herself oneself out to the public in this State as being qualified to practice the same; act as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser or use in connection with that person’s name, or otherwise assume or use, use any title or description conveying or tending to convey the impression that the person is qualified to practice speech/language pathology, audiology audiology, or dispense hearing aids, unless such person has been duly licensed under this chapter.
(b) Whenever a license to practice as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser in this State has expired or been suspended or revoked, it shall be is unlawful for the person to practice speech/language pathology, speech/language pathology assistant, audiology audiology, or dispense hearing aids in this State.
(c) The Board may issue separate licenses in speech/language pathology, speech/language pathology assistant, audiology audiology, and for hearing aid dispensers. A person may be licensed in more than 1 specialty if such person meets the requirements of each specialty for which the person has applied for licensure.
§ 3708. Qualifications of applicant; report to Attorney General; judicial review.
(a) An applicant who is applying for licensure under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) For licensure as a speech/language pathologist, has current certification of clinical competence issued by the American Speech-Language-Hearing Association (ASHA) or its successors.
a.-d. [Repealed.]
(2) For licensure as an audiologist, has current certification of clinical competence issued by ASHA, or its successors, has been issued board certification from the American Board of Audiology, or its successors, or has met the following requirements:
a. Possession of a doctoral degree in audiology from an accredited college or university, except that audiologists licensed in Delaware prior to July 10, 2009, who have maintained Delaware licensure, shall be are exempted from this requirement.
b. Successful completion of a national examination in the area of the applicant’s specialty prepared by a national testing service approved by the Division.
c. [Repealed.]
(3) For licensure as a hearing aid dispenser, shall submit evidence, verified by oath and satisfactory to the Board, that such person has met the current standards promulgated by the International Hearing Society or its successor. In addition, the applicant shall:
a. Provide verification of a high school diploma or its equivalent.
b. Provide proof of successful completion of a national examination prepared by a national testing service and approved by the Division.
c. Complete 6 months of training prior to taking the examination. The Board in its rules and regulations shall establish the content of the training and the frequency of direct supervision during the training period.
d. Paragraphs (a)(3)a. and c. of this section herein do not apply to applicants who are licensed audiologists.
(4) For licensure as a speech/language pathology assistant, has received a speech/language pathology assistant’s certification (C-SLPA) through ASHA, or its successor, or another organization acceptable to the Board.
(b) All applicants shall must meet the following conditions:
(1) Shall May not have been the recipient of any administrative penalties regarding their the applicant’s practice of speech/language pathology, audiology audiology, or dispensing of hearing aids, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or or has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine whether such administrative penalty is grounds to deny licensure.
(2) Shall May not have excessively used or abused drugs or have a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake that applicant’s practice in a manner consistent with the safety of the public.
(3) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related to their licensed practice. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the conviction or charge directly to the Board. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (b)(3). A waiver may not be granted for conviction of a felony sexual offense.
a.-d. [Repealed.]
(4) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.
(5) Shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:
a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
b. A report of the applicant’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be is the intermediary for purposes of this section and the Board of Speech/Language Pathologists, Audiologists Audiologists, and Hearing Aid Dispensers shall be is the screening point for the receipt of said federal criminal history records.
c. An applicant may not be licensed as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the applicant’s professional practice area, area may not be licensed by the Board unless a waiver is granted pursuant to paragraph (b)(3) of this section.
(c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for that person than for other applicants or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(e) All individuals licensed to practice speech/language pathology, audiology audiology, or hearing aid dispensing in this State shall be are required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks.
§ 3709. Examination.
(a) The examination described in § 3708(a)(2) and (a)(3)b. of this title shall be graded by the testing service providing the examinations. The passing score for all examinations shall be established by the testing agency.
(b), (c) [Repealed.]
§ 3710. Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of an application, the Board shall grant a license to an applicant who presents proof of current licensure in good standing, as defined in § 3708(b) of this title, in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this State. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a minimum of 5 years after licensure. All applicants shall submit evidence verified by oath that, in all states in which the applicant is or was licensed, the applicant’s license is in good standing.
(b) Audiologists licensed prior to July 10, 2009, and who have maintained licensure, shall be are exempted from the educational requirement set forth in § 3708(a)(2) of this title.
(c) An applicant for licensure as a speech/language pathologist who has received a degree from a foreign school, college, or university, shall have received a master’s degree, or its equivalent, or a doctoral degree, or its equivalent, and shall submit an evaluation of professional education and training, prepared by a Board approved credentialing agency, and paid for by the applicant. The evaluation must provide evidence and documentation that the applicant’s education is substantially equivalent to the education of a speech/language pathologist who graduated from a program approved for the educational preparation of speech/language pathologists by the appropriate accrediting agency recognized by the Board. An applicant for licensure as an audiologist, who has received a degree from a foreign school, college, or university, shall have received a doctoral degree or its equivalent, and shall submit an evaluation of professional education and training, prepared by a Board-approved credentialing agency, and paid for by the applicant. The evaluation must provide evidence and documentation that the applicant’s education is substantially equivalent to the education of an audiologist who graduated from a program approved for the educational preparation of audiologists by the appropriate accrediting agency recognized by the Board.
(d) In the event that a disciplinary proceeding or unresolved complaint is pending at the time of application, the applicant shall report the final disposition of the matter to the Board within 20 days.
§ 3711. Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall may be charged for a purpose not specified in this chapter. The application fee shall may not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
§ 3712. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a speech/language pathologist, speech/language pathology assistant, audiologist and/or audiologist, or hearing aid dispenser and who pays the fee established under § 3711 of this title.
(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and attestation, as set forth in the Board’s rules and regulations, that the licensee has met the continuing education requirements established by the Board. In addition, audiologists and hearing aid dispensers shall attest to calibration of electronic equipment used to assess hearing, as set forth in the Board’s rules and regulations.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensee may still renew the licensee’s license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided, however, that such period shall may not exceed 1 year.
(d) A licensee may be placed in an inactive status for no more than 5 years. Such person, who desires to reactivate that person’s license, shall submit a request for reactivation and a fee set by the Division, and submit proof of fulfillment of continuing education requirements in accordance with the rules and regulations of the Board.
(e) Audiologists licensed in Delaware prior to July 10, 2009, and who meet the renewal requirements set forth in this section and maintain Delaware licensure, shall be are exempted from the educational requirement set forth in § 3708(a)(2)a.
(f) An applicant or licensee must notify the Division of a change in address or in any other information on the application, registration, or renewal within 30 days of the change.
§ 3713. Temporary license.
(a) The Board may issue a temporary license to practice speech/language pathology in this State to an applicant who completes the application and pays the temporary license fee; and who, in addition, has completed all academic and clinical practicum requirements in that applicant’s specialty but who has not completed a clinical fellowship (cf). The application shall be accompanied by a copy of the Cf plan signed by a sponsor holding a valid state license as a speech/language pathologist.
(b) The temporary license issued to a speech/language pathologist shall expire at the end of 1 year from issuance. The temporary license may be renewed 3 times for a maximum of 48 months. The licensee must apply on a yearly basis for renewal of the temporary license. The request for renewal must be received prior to expiration of the temporary license.
(c) The Board may issue a temporary license to dispense prescription hearing aids to an applicant waiting to take the examination for licensure who completes the application and pays the application fee. The application shall must be accompanied by a statement from a Delaware-licensed audiologist or hearing aid dispenser who affirms that the licensed audiologist or hearing aid dispenser shall will provide direct supervision and training of the applicant during the period of temporary licensure.
§ 3714. Complaints.
(a) All complaints shall be received and investigated by the Division in accordance with § 8735, Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging or has engaged in the practice of speech/language pathology, audiology audiology, or dispensing of hearing aids, or is using the title “speech/language pathologist,” “audiologist,” or “hearing aid dispenser” and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
§ 3715. Grounds for discipline.
(a) A practitioner licensed under this chapter shall be is subject to disciplinary actions set forth in § 3716 of this title if after a hearing, the Board finds that the speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser has done any of the following:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser; has impersonated another person holding a license, or has allowed another person to use that practitioner’s license, or has aided or abetted a person not licensed as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser; dispenser to be represented as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser.
(2) Has illegally, incompetently incompetently, or negligently practiced speech/language pathology, audiology audiology, or hearing aid dispensing.
(3) Has been convicted of a crime that is substantially related to the practice of speech/language pathology, audiology and/or audiology, or the dispensing of hearing aids. (4) A copy of the record of conviction certified by the clerk of the court entering the conviction shall be is conclusive evidence therefor.
(54) Has excessively used or abused drugs.
(65) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities.
(76) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder.
(87) Has had the practitioner’s license as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser in this State shall be deemed to have given consent to the release of this information by the Board of Speech/Language Pathologists, Audiologists Audiologists, and Hearing Aid Dispensers or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses.
(98) Has failed to notify the Board that the practitioner’s license as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser in another jurisdiction has been subject to discipline, or has been surrendered, suspended suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension suspension, or revocation shall be is conclusive evidence thereof; or, thereof.
(109) Has a physical condition such that the performance of speech/language pathology, audiology audiology, or dispensing of hearing aids is or may be injurious or prejudicial to the public.
(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall may be restricted, suspended suspended, or revoked by the Board, and no practitioner’s right to practice speech/language pathology, audiology audiology, or dispense hearing aids shall may be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
§ 3716. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 3715 of this title applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand.
(2) [Repealed.]
(3) Place a practitioner on probationary status, and require the practitioner to:
a. Report regularly to the Board upon the matters that are the basis of the probation.
b. Limit all practice and professional activities to those areas prescribed by the Board.
(4) Suspend any practitioner’s license.
(5) Revoke any practitioner’s license.
(6) Impose a monetary penalty not to exceed $1,000 for each violation.
(7) The Board shall permanently revoke the license to practice speech/language pathology, audiology audiology, or hearing aid dispensing of a person who is convicted of a felony sexual offense.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies that required such action have been remedied.
(c) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.
(d) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
(e) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety safety, or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.
§ 3717. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 3715 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) [Repealed.]
(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of the day that notice of the decision was mailed. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.
§ 3718. Reinstatement of a suspended license; removal from probationary status.
(a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or or the probation.
(b) Where a license or registration has been suspended due to the licensee’s inability to practice pursuant to this chapter, the Board may reinstate such license if after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser, with or without reasonable accommodations, and there is no longer a significant risk of substantial harm to the health and safety of the individual or others.
(c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
(d) [Repealed.]
Subchapter III. Other provisions
§ 3719. Exemptions.
Nothing in this chapter shall be construed to prevent:
(1) Any person from performing industrial hearing screenings under the supervision of a physician licensed in this State.
(2) Any person who is not licensed under this chapter from engaging in the practice of speech/language pathology or audiology in this State, provided that such services are practiced in cooperation with a person licensed under this chapter and shall be practiced for no more than 30 days in any calendar year. The speech/language pathologist or audiologist shall must meet the qualifications and requirements for application for licensure described in this chapter, or shall must hold a valid license from another state which has requirements equivalent to this chapter, or shall must hold a certificate of clinical competence in speech/language pathology or audiology issued by the American Speech, Language and Audiology Association.
(3) Any person who is licensed to practice as a speech/language pathology pathologist, speech/language pathology assistant, audiology audiologist, or dispense hearing aids aid dispenser in any other state, district district, or foreign country who, as a practicing speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser, from entering this State to consult with a licensed speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or hearing aid dispenser of this State. Such consultation shall be is limited to examination, recommendation recommendation, and testimony in litigation.
(4) Any student of an accredited school or college of speech/language pathology or audiology from receiving practical training under the personal supervision of a licensed speech/language pathologist or audiologist in this State.
§ 3720. Penalty Practicing without a license; penalties.
(a) It is unlawful for a person who is A person not currently licensed as a speech/language pathologist, speech/language pathology assistant, audiologist audiologist, or dispenser of hearing aids under this chapter, when engaging to do any of the following:
(1) Engage in the practice of speech/language pathology, audiology and/or audiology, or dispensing of hearing aids, aids.
(2) or using Use in connection with that person’s name, or otherwise assuming assume or using use any title or description conveying, or tending to convey convey, the impression that the person is qualified to practice speech/language pathology, audiology, or dispense hearing aids,aids.
(b) Anyone who violates subsection (a) of this section shall be is guilty of a misdemeanor.
(1) Upon the For a first offense, the person shall be fined the court may impose a fine of not less than $500 dollars nor more than $1,000 dollars for each offense.
(2) For a second or subsequent convictionoffense, the fine shall be the court may impose a fine of not less than $1,000 nor more than $2,000 for each offense.
(c) The Justice of the Peace Court shall have has jurisdiction over all violations of this chapter.
Section 2.
This Act is effective immediately and is to be implemented the earlier of the following:
(1) Six months after the date of the Act’s enactment.
(2) Notice by the Director of the Division of Professional Regulation published in the Register of Regulations that final regulations to implement this Act have been promulgated.
Approved September 19, 2024