hb1112_HB_1112_AP_5.html
06 HB 1112/FA/AP
House Bill 1112 (AS PASSED HOUSE AND SENATE)
By: Representatives Smith of the 113th, Holt of the 112th, Butler of the 18th, and Byrd of the 20th

A BILL TO BE ENTITLED
AN ACT

To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to licensing of speech-language pathologists and audiologists; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking Chapter 44, relating to licensing of speech-language pathologists and audiologists, and inserting in lieu thereof the following:

"CHAPTER 44
43-44-1.
This chapter shall be known and may be cited as the 'Georgia State Speech-Language Pathology and Audiology Licensing Act.'

43-44-2.
It is declared to be a policy of this state that in order to safeguard the public health, safety, and welfare and to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons, it is necessary to provide regulatory authority over persons offering speech-language pathology and audiology services to the public.

43-44-3.
As used in this chapter, the term:
(1) 'Accredited program' means a program leading to the award of a degree in speech-language pathology or audiology that is accredited by an organization recognized for that purpose by the United States Department of Education or its successor and adopted by rule or regulation of the board.
(2) 'Audiogram' means a graphic or tabular summary of the measurements of hearing, showing a persońs hearing threshold levels for pure tones.
(3) 'Audiologist' means a person who practices audiology and has a degree in audiology, who is licensed to practice audiology, or both and who presents himself or herself to the public by any title or description of services incorporating the words audiologist, hearing clinician, hearing therapist, or any similar title or description of service or any variation or synonym which expresses, employs, or implies these terms or functions.
(4) 'Audiology assistant' means any person who assists in the providing of those audiology services authorized by the board, who meets the minimum requirements established by the State Board of Examiners for Speech-Language Pathology and Audiology, and who works under the supervision of a licensed audiologist.
(2)(5) 'Board' means the State Board of Examiners for Speech-Language Pathology and Audiology.
(2.1)(6) 'Dispensing hearing aids' means providing hearing aids to a consumer by sale, rental, lease, or otherwise, and includes without being limited to conducting testing and other procedures to determine suitability for use of a hearing aid, to determine hearing aid characteristics which properly compensate the hearing condition, to select suitable hearing aids, to fit hearing aids to the subject, and to counsel and instruct in the use thereof.
(2.2)(7) 'Hearing aid' means any wearable electronic instrument or device, including an assistive hearing device, designed for or represented or offered for the purpose of compensating for defective human hearing, including parts, attachments, ear molds, and accessories, except batteries, cords, replacement tubing, and minor service limited to the removal of battery corrosion.
(8) 'License' means any license issued by the board to practice speech-language pathology or audiology.
(9) 'Licensee' means any person licensed to practice speech-language pathology, audiology, or both pursuant to this chapter, but does not include the holder of a provisional license.
(3)(10) 'Person' means a natural person.
(11) 'Preceptor' means any person who is licensed and has the responsibility of supervising or overseeing the training or activities of assistants, students, externs, provisional license holders, and others providing speech-language pathology or audiology services without full licenses.
(3.1)(12) 'Provisional license' means any temporary license issued by the board pursuant to standards and procedures determined by the board or pursuant to paragraph (1) of subsection (c) of Code Section 43-44-8. Except for a provisional license granted pursuant to paragraph (1) (8) of subsection (c) (a) of Code Section 43-44-8 43-44-6, a provisional license shall not be granted for a total period of time to exceed one year.
(4)(13) 'Speech-language pathologist' means a person who practices speech-language pathology and who presents himself or herself to the public by any title or description of services incorporating the words speech-language pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, language therapist, logopedist, communicologist, voice therapist, voice pathologist, or any similar title or description of service.
(5)(14) 'Speech-language pathology aide' means any person who aids in the providing of those speech-language pathology services authorized by the board, who meets the minimum requirements established by the State Board of Examiners for Speech-Language Pathology and Audiology, and who works directly under the supervision of a licensed speech-language pathologist.
(6)(15) 'The practice of audiology' means the application of principles, methods, and procedures of identification of hearing loss, measurement, testing, evaluation, case management, prediction, prevention, consultation, counseling, instruction, and research related to hearing, hearing disorders, and auditory and vestibular function and dysfunction; intervention as related to such principles, methods, and procedures; interpretation of the results of such principles, methods, and procedures; the evaluation, recommendations, fitting, and dispensing of hearing aids, auditory trainers frequency modulation technologies, and other assistive devices designed to ameliorate the effects of a hearing disorder; the programming of cochlear implants and other implantable devices; and the planning, directing, conducting, and participating in hearing conservation programs and programs of habilitation, rehabilitation, and intervention for disorders of hearing, auditory function and processing, and vestibular function, including but not limited to auditory training, speechreading, and vestibular rehabilitation, which vestibular function and rehabilitation the audiologist is qualified to perform by virtue of education, training, and experience.
(7)(16) 'The practice of speech-language pathology' means the application of principles, methods, and procedures for the measurement, testing, evaluation, prediction, consultation, counseling, instruction, intervention, research, habilitation, or rehabilitation related to the development and disorders of speech or language including but not limited to voice, resonance, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, modifying, or otherwise treating such disorders and conditions in individuals or groups of individuals.

43-44-4.
(a) The State Board of Examiners for Speech Pathology and Audiology existing on June 30, 1987, is abolished and there is created beginning July 1, 1987, and continuing thereafter the State Board of Examiners for Speech-Language Pathology and Audiology which shall succeed to all of that abolished board́s powers, duties, and responsibilities which are not inconsistent with this chapter and which new board shall be composed of those members of the abolished board serving as such on June 30, 1987, which members shall serve out their respective terms of office and until their respective successors are appointed and qualified pursuant to this Code section. The board created by this Code section shall administer this chapter. The board shall consist of seven eight members who shall be appointed by the Governor and shall be confirmed by the Senate. At least two Three of the members shall be licensed speech-language pathologists and at least two three shall be licensed audiologists, all of whom shall have been engaged in rendering services to the public, teaching, or research in speech-language pathology or audiology for a period of at least three years immediately preceding their appointments. At least one One member shall be a board certified otolaryngologist of this state. At least one One member shall be a lay person representing the public. All members shall be residents of this state and shall have been residents of this state for at least one year prior to their appointments.
(b) Appointments by the Governor may be made from lists of names submitted by the Georgia Speech-Language-Hearing Association, Georgia Organization for School-Based Speech-Language Pathologists, Georgia Academy of Audiology, and the Georgia Society of Otolaryngology Head and Neck Surgery or other interested persons. Board members shall be appointed for a period of three years and until their respective successors are appointed and qualified. No member of the board may serve more than two consecutive full terms.
(c) Members of the board shall serve until the expiration of the terms for which they have been appointed and until their respective successors are appointed and qualified. When a vacancy upon the board occurs, the Governor shall appoint, pursuant to this Code section, a successor to fill the unexpired term.
(d) The Governor may remove any member of the board for dishonorable conduct, incompetency, or neglect of duty.
(e) No member of the board shall be liable to civil action for any act performed in good faith in performance of the membeŕs duties as prescribed by law.

43-44-5.
The board shall hold a regular annual meeting at which it shall elect from its membership a chairperson and vice chairperson. In addition to its annual meeting, the board shall hold such other meetings as are necessary for the performance of its duties under this chapter. The members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2.

43-44-6.
(a) The board shall:
(1) Have the responsibility and duty of administering and enforcing this chapter and shall assist the division director in carrying out this chapter;
(2) Have the power to establish and to revise the requirements for obtaining licensure or the renewal of licensure;
(3) Make all rules, not inconsistent with this chapter, that are reasonably necessary for the conduct of its duties and proceedings;
(4) Adopt rules and regulations relating to professional conduct commensurate with the policy of this chapter, including, but not limited to, regulations which establish ethical standards of practice and for other purposes. Following their adoption, such rules and regulations consistent with this chapter shall govern and control the professional conduct of every person who holds a license to practice under this chapter;
(5) Conduct hearings and keep records and minutes as are necessary to the orderly dispatch of its functions;
(6) Adopt a common seal;
(7) Register and otherwise regulate qualified speech-language pathology aides and persons engaged in paid clinical experience as provided in paragraph (4) of subsection (a) of Code Section 43-44-8 and audiology assistants. The provisions of this paragraph shall not apply to any student, intern, or trainee performing speech-language pathology or audiology services while completing the supervised clinical experience;
(8) Issue provisional licenses to speech-language pathologists during the paid clinical experience;
(8)(9) Issue, renew, and reinstate licenses;
(9)(10) Deny, suspend, revoke, or otherwise sanction licenses;
(10)(11) Accept results of qualifying examinations, administer examinations, or contract with qualified testing services to conduct or supervise examinations;
(11)(12) Establish fees; and
(12)(13) Establish requirements for continuing professional education of persons subject to this chapter by appropriate regulation.
(b) The division director shall be guided by the recommendations of the board in all matters relating to this chapter.

43-44-7.
(a) No person shall practice or hold himself or herself out as being able to practice speech-language pathology or audiology in this state unless that person is licensed in accordance with this chapter. Nothing in this chapter, however, shall be construed so as to prevent a person licensed under any other law of this state from operating within the scope of that persońs license.
(b)(1) Licensure is not required of a speech-language pathologist certified by the Department of Education or Professional Standards Commission or successor agency while that person is working as an employee of an a public educational institution, serving any grade or grades from pre-kindergarten through grade 12, provided that no fees are charged for the services either directly or through a third party, except for Medicaid.
(2) Registration as a speech-language pathology aide is not required of a public education communication aide while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party.
(c) Nothing in this chapter shall be construed to prevent participation by a student, intern, or fellow in supervised clinical services which are directly related to meeting the qualifications for licensure as stipulated by this chapter.
(d) Licensees shall conspicuously post their speech-language pathology or audiology license at all times in their principal office or place of business.
(e) Nothing in this chapter shall be construed to entitle any person licensed under this chapter to engage in the practice of selling and dispensing hearing aids unless such person is licensed as an audiologist under this chapter.
(f) Nothing in this chapter shall be construed to limit in any way the rights of hearing aid dealers or dispensers licensed under the laws of this state.
(g) Nothing in this chapter shall be construed to restrict hearing testing or any other act by a physician licensed under Chapter 34 of this title operating within the scope of his or her license or the performing of hearing testing by persons acting under the supervision of a licensed physician, provided that the physician must shall be on the premises while such acts are being performed.
(h) A person who is not licensed as an audiologist may perform nondiagnostic electro-physiologic screening of the auditory system, using otoacoustic emissions or auditory brainstem response technology, as part of a planned and organized screening effort for the initial identification of communication disorders in infants under the age of three months, provided that:
(1) The person not licensed as an audiologist has completed a procedure specific training program directed by an audiologist licensed under this chapter;
(2) The screening equipment and protocol used are fully automated and the protocol is not accessible for alteration or adjustment by the person not licensed as an audiologist;
(3) The results of the screening are determined automatically by the programmed test equipment, without discretionary judgment by the person not licensed as an audiologist, and are only reported as 'pass or fail' or 'pass or refer';
(4) An audiologist licensed under this chapter is responsible for the training of the person not licensed as an audiologist, the selection of the screening program protocol, the determination of administration guidelines, the periodic monitoring of the performance of the person not licensed as an audiologist, and the screening program results; and
(5) The participation of the person not licensed as an audiologist in such an automated screening program is limited to the recording of patient demographic information; the application of earphones, electrodes, and other necessary devices; the initiation of the test; the recording of the results; and the arrangement of the referral for those who do not pass the screening to an audiologist licensed under this chapter for follow-up evaluation.
(i)(1) Any person in this state or physically located in another state or foreign country who, using telecommunications and information technologies through which speech-language pathology information and auditory-vestibular system information or data is transmitted, performs an act that is part of a patient care service located in this state, including but not limited to any measures of speech-language pathology or auditory-vestibular system function or hearing instrument selection, fitting, or dispensing that would affect the diagnosis or treatment of the patient is engaged in the practice of speech-language pathology or audiology in this state. Any person who performs such acts through such means shall be required to have a license to practice speech-language pathology or audiology in this state and shall be subject to regulation by the board. No such out-of-state or foreign practitioner shall have ultimate authority over the speech-language or auditory-vestibular system health care of a patient who is located in this state. Any such practitioner in this state, another state, or a foreign country shall abide by the rules of the board.
(2) This subsection shall not apply to:
(A) The acts of a speech-language pathologist or an audiologist located in another state or foreign country who provides consultation services at the request of a speech-language pathologist or an audiologist licensed in this state;
(B) The acts of a speech-language pathologist or an audiologist licensed in another state or foreign country who:
(i) Provides consultation services without compensation, remuneration, or other expectation thereof and without altering, adjusting, or manipulating hearing aid device controls; or
(ii) Provides consultation services to a graduate school located in this state and approved by the board; or
(C) The acts of a speech-language pathologist or an audiologist located in another state or foreign country when invited as a guest of any graduate school or institution of higher learning approved by the board, state, or national accrediting body or component thereof, for the sole purpose of engaging in professional education through lectures, clinics, or demonstrations.
(3) This Code section shall not be construed to alter the scope of practice of any health care provider or authorize the delivery of health care services in a setting or in a manner not otherwise authorized by the laws of this state.
(4) All persons subject to the provisions of this Code section shall be required to comply with all applicable requirements of the laws of this state relating to the maintenance of patient records and the confidentiality of patient information, regardless of where such speech-language pathologist or audiologist may be located and regardless of where or how the records of any patient located in this state are maintained.

43-44-8.
(a) To be eligible for licensure by the board as a speech-language pathologist or as an audiologist, the applicant must shall have:
(1) Hold a masteŕs or higher degree, with a major emphasis in speech-language pathology or audiology, or both, from an accredited educational institution Completed the academic and clinical requirements as established by rule of the board;
(2) Submit certified evidence of the completion of 60 semester hours of academic credit from one or more accredited colleges or universities constituting a well-integrated program that includes 12 semester hours in courses that provide fundamental information applicable to the normal development and use of speech, hearing, and language; and 30 semester hours in courses that provide information about, and training in, the management of speech, hearing, and language disorders or that provide information supplementary to these fields. Of these 30 semester hours, no fewer than six must be in audiology for the speech-language pathologist, or in speech-language pathology for the audiologist; no more than six of these 30 semester hours may be in courses that provide academic credit for clinical practice. Of these 30 semester hours, at least 24, not including credit for thesis or dissertation, must be in courses in the field in which the license is requested. Furthermore, 30 of these 60 semester hours must be in courses acceptable toward a graduate degree by the accredited or approved college or university in which these courses are taken Completed the professional experience requirement. Every applicant for licensure as a speech-language pathologist or audiologist shall demonstrate, prior to licensure, full-time or equivalent part-time professional employment, as determined by the board. The board, by rule, shall establish standards for obtaining and verifying the required professional employment experience;
(3) Submit certified evidence of the completion of 300 clock hours of directly supervised clinical practicum with cases representative of a wide spectrum of ages and communication disorders. The experience must be obtained within the accredited academic institution or in one of its cooperating programs Passed an examination or examinations approved by the board. Each applicant for licensure as a speech-language pathologist or audiologist shall make application for examination as provided by the board;
(4) Submit evidence of no less than nine months of full-time paid clinical experience in the area for which a license is requested. This clinical experience must be obtained under the supervision of one or more licensed speech-language pathologists or audiologists or one or more speech-language pathologists or audiologists who hold the Certificate of Clinical Competence of the American Speech-Language-Hearing Association. Supervision must be provided by individuals licensed or certified in the appropriate area. This experience must follow completion of the requirements listed in paragraphs (1), (2), and (3) of this subsection. 'Full-time' is defined as at least 30 hours per week. The nine months of full-time paid experience must be obtained within a period of 24 consecutive months. This requirement may also be fulfilled by 18 months of half-time paid experience of at least 15 hours per week which must be completed within a period of 36 months; Demonstrated good moral character; and
(5) Pass an examination or examinations approved by the board. Each applicant desiring to become licensed as a speech-language pathologist or as an audiologist shall make application for examination as provided by the board ; and Demonstrated recency of study through experience, continuing education, or both, as approved by the board.
(6) Demonstrate recency of study through experience or continuing education requirements or a combination of both as approved by the board.
(b) Notwithstanding any other provision of this chapter, any person who has been issued a license by the State Board of Examiners of Speech Pathology and Audiology to practice as a speech pathologist or an audiologist and whose license is valid on June 30, 1987, shall not be required to comply with the provisions of subsection (a) of this Code section. Such person shall continue to be licensed in that persońs respective field and shall have that persońs license renewed as long as that person complies with the remaining provisions of this chapter, including but not limited to any continuing education requirement established by the board for license renewal. To be eligible for licensure by the board as a speech-language pathologist, the applicant shall possess a masteŕs or higher degree with a major emphasis in speech-language pathology from an accredited program, which incorporates the academic course work and the minimum hours of supervised graduate training required by the rules and regulations of the board.
(c)(1) Notwithstanding any other provisions of this chapter, any person certified by the Department of Education, the Professional Standards Commission, or any successor agency as an audiologist and not licensed by the board as of June 30, 1993, and working as an employee of an educational institution for at least nine months prior to July 1, 1993, shall be granted a provisional license by the board to practice audiology if application therefor showing that such person meets the requirements of this paragraph is made to the board no later than December 31, 1993. A person who is granted a provisional license pursuant to this paragraph shall have that provisional license renewed by the board only upon compliance with the other requirements of this chapter relating to license renewal, including but not limited to meeting any continuing education requirements established for license renewal. A person granted a provisional license pursuant to this paragraph shall be authorized to practice and to hold himself or herself out as being authorized to practice audiology only while that person is working as an employee of an educational institution and if no fees are charged for such services either directly or through a third party. To be eligible for licensure by the board as an audiologist:
(1) Effective January 1, 2007, the applicant shall have earned a doctoral degree in audiology or completed the academic requirement of a doctoral degree program with a major emphasis in audiology from an institution of higher learning that is, or at the time the applicant was enrolled and graduated was, accredited by an accrediting agency recognized by the United States Department of Education or its successor organization; or
(2) Notwithstanding any other provision of this chapter, no person licensed as an audiologist under paragraph (1) of this subsection shall be entitled to engage in the practice of selling or dispensing hearing aids unless such person meets all requirements for licensure as an audiologist contained in subsection (a) of this Code section. The applicant shall have earned a masteŕs degree with a major emphasis in audiology which was conferred before January 1, 2007, from an institution of higher learning which was, at the time the applicant was enrolled and graduated, accredited by an accrediting agency recognized by the United States Department of Education or its successor organization.
(3) Notwithstanding any other provision of this chapter, a provisional license granted under paragraph (1) of this subsection shall expire as of July 1, 1997, and shall not be subject to renewal thereafter.
(d) Any speech-language pathology or audiology applicant who graduated from or is currently enrolled in a program at a university or college outside the United States or Canada shall:
(1) Present documentation of the determination of equivalency to standards established by the United States Department of Education or its successor organization in order to qualify; and
(2) Have completed the academic and clinical requirements established by rule of the board.
The board may waive the education, practicum, and professional employment experience requirements for an applicant who received a professional education in another country if the board is satisfied that the applicant meets equivalent education and practicum requirements, passes the approved examination in the area of the license sought, and meets other requirements established by rule of the board.
(e) Notwithstanding any other provision of this chapter, any person who has been issued a license by the State Board of Examiners for Speech Pathology and Audiology to practice as a speech pathologist or an audiologist and whose license was valid on June 30, 2006, shall not be required to comply with the provisions of subsections (a), (b), (c), and (d) of this Code section. Such person shall continue to be licensed in that persońs respective field and shall have his or her license renewed if he or she complies with the other provisions of this chapter, including but not limited to any continuing education requirement established by the board for license renewal.
(f) The board, by rule, shall establish requirements for the renewal of a license. A license may not exceed the time allowed by rule of the board.

43-44-9.
(a) The board may, in its discretion, upon payment of fees, grant a license without examination to applicants who present proof of current licensure in a state or country whose requirements for licensure are substantially equivalent to those of this chapter.
(b) The board may, in its discretion, upon payment of fees, grant a license without examination to those who hold the Certificate of Clinical Competence of the American Speech-Language and Hearing Association in the area for which they are applying for licensure, or to those who hold certification of the American Board of Audiology, provided the applicant otherwise meets the eligibility requirements as defined in Code Section 43-44-8.
43-44-10.
An applicant who meets the requirements for licensure as provided by this chapter and has paid the requisite fee or fees shall be licensed by the board as a speech-language pathologist, audiologist, or both.

43-44-10.1.
A speech-language pathology aide is one, other than a licensed speech-language pathologist, who is employed to assist a licensed speech-language pathologist by performing under direct supervision those acts, services, practices, and procedures as authorized under this chapter and approved by the board by rule or regulation. The board shall be authorized to determine minimum requirements for speech-language pathology aides.

43-44-11.
(a) The board shall issue a certificate to each person whom it licenses as a speech-language pathologist, or audiologist, or both. Licensure shall be granted independently in either speech-language pathology or audiology. Qualified applicants may be independently licensed in both areas.
(b) The board may establish, through rules and regulations, a mechanism to provide for temporary provisional and inactive status licenses to applicants.
(b.1)(c) The board may, in its discretion, upon payment of fees, grant a temporary provisional license to an applicant who has satisfied the requirements of paragraphs paragraph (1) of subsection (b) or paragraph (1) or, (2), and (3) of subsection (a)(c) of Code Section 43-44-8 and who is engaged in a paid clinical experience pursuant to paragraph (4) of said subsection. Such temporary provisional license shall be valid for one year and subject to renewal for only one additional year. A person holding a temporary provisional license shall be subject to the same disciplinary action as a person holding a full license.
(c)(d) All licenses shall be renewed biennially. Expiration, renewal, and penalty dates and provisions shall be as established by the board in accordance with Code Section 43-1-4.

43-44-12.
Licensees may advertise their services, but such advertising shall be subject to regulation by the board.

43-44-13.
The investigatory authority and disciplinary authority of the board shall be as provided in Code Section 43-1-19.

43-44-14.
Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' applies to and governs all administrative action taken by the board.

43-44-15.
Nothing contained in any other law shall prevent a person who is qualified under this chapter from engaging in the practice for which he or she is licensed under this chapter.

43-44-16.
Any person who practices speech-language pathology or audiology or who offers or pretends to practice or holds himself or herself out as eligible to practice speech-language pathology or audiology and who is not legally registered or licensed under this chapter shall be guilty of a misdemeanor. Each day or fraction of a day that such person practices in violation of this chapter shall constitute a separate offense.

43-44-17.
Repealed.

43-44-18.
Nothing contained in this chapter shall limit or affect the activities of any employer or any person acting on behalf of any employer under the provisions of the Occupational Safety and Health Act of 1970 or any standard promulgated pursuant to said act, including, without limitation, the performance of hearing tests by a technician as part of a workplace hearing conservation program, provided that the technician who performs audiometric tests must shall be responsible to a licensed audiologist or physician."

SECTION 2.
This Act shall become effective on January 1, 2007.

SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.