HB 105: "An Act providing for the licensing of speech-language pathologists; and providing for an effective date."
00HOUSE BILL NO. 105 01 "An Act providing for the licensing of speech-language pathologists; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.01.010(5) is amended to read: 05 (5) regulation of audiologists and speech-language pathologists under 06 AS 08.11; 07 * Sec. 2. AS 08.02.010(a) is amended to read: 08 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 09 language pathologist licensed under AS 08.11, a person licensed in the state as a chiropractor 10 under AS 08.20, a dentist under AS 08.36, a marital and family therapist licensed under 11 AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct- 12 entry midwife certified under AS 08.65, a registered nurse under AS 08.68, an optometrist 13 under AS 08.72, a licensed pharmacist under AS 08.80, a physical therapist or occupational 14 therapist licensed under AS 08.84, a psychologist under AS 08.86, or a clinical social worker
01 licensed under AS 08.95, shall use as professional identification appropriate letters or a title 02 after that person's name which represents that person's specific field of practice. The letters 03 or title shall appear on all signs, stationery, or other advertising in which the person offers or 04 displays personal professional services to the public. In addition, a person engaged in the 05 practice of medicine or osteopathy as defined in AS 08.64.380, or a person engaged in any 06 manner in the healing arts who diagnoses, treats, tests, or counsels other persons in relation 07 to human health or disease and uses the letters "M.D." or the title "doctor" or "physician" or 08 another title that tends to show that the person is willing or qualified to diagnose, treat, test, 09 or counsel another person, shall clarify the letters or title by adding the appropriate specialist 10 designation, if any, such as "dermatologist", "radiologist", "audiologist", "naturopath", or the 11 like. 12 * Sec. 3. AS 08.11 is amended by adding a new section to read: 13 Sec. 08.11.015. Qualifications for speech-language pathologist license. The 14 department shall issue a license to practice speech-language pathology to an individual 15 who 16 (1) is 18 years of age or older; 17 (2) applies on a form provided by the department; 18 (3) pays the fee required under AS 08.11.050; 19 (4) has not engaged in conduct that is a ground for imposing 20 disciplinary sanctions under AS 08.11.085; and 21 (5) furnishes evidence satisfactory to the department that the person 22 holds a Certificate of Clinical Competence in speech-language pathology from the 23 American Speech-Language-Hearing Association or the equivalent of the certificate. 24 * Sec. 4. AS 08.11 is amended by adding a new section to read: 25 Sec. 08.11.025. Temporary license to practice speech-language pathology 26 as a speech-language pathologist. (a) On receipt of the completed application, the 27 department shall issue a temporary license for the practice of speech-language 28 pathology as a speech-language pathologist to an individual who is licensed to practice 29 speech-language pathology in another state and has submitted to the department an 30 application for a license under AS 08.11.015. 31 (b) The department may issue a temporary license to the following:
01 (1) a nonresident for the practice of speech-language pathology as a 02 speech-language pathologist in the state for 30 days or less in a calendar year, if the 03 individual is licensed to practice speech-language pathology in another state, territory 04 of the United States, foreign country, or province that has requirements for a license 05 to practice speech-language pathology that are substantially equivalent to or higher 06 than the requirements of AS 08.11.015; 07 (2) a nonresident for the practice of speech-language pathology as a 08 speech-language pathologist in the state for 30 days or less in a calendar year, if the 09 individual meets the qualifications and requirements for a license under AS 08.11.015, 10 and resides in a state or territory of the United States or a foreign country or province 11 that does not license individuals to practice speech-language pathology; 12 (3) a resident or nonresident who is in the process of completing the 13 year of supervised clinical experience required for a Certificate of Clinical Competence 14 in speech-language pathology from the American Speech-Language-Hearing 15 Association. 16 (c) A temporary license issued under (b)(3) of this section is limited to one 17 year except that it may be renewed once for an additional year. The department may 18 impose by regulation additional limitations that it determines appropriate on a 19 temporary license issued under this section. 20 * Sec. 5. AS 08.11.030(d) is amended to read: 21 (d) A suspended license is subject to expiration and must be renewed as 22 provided in AS 08.01.100, but the renewal does not entitle the individual while the 23 license remains suspended to practice audiology or speech-language pathology or to 24 engage in other activity or conduct that violates the order or judgment that suspended 25 the license. 26 * Sec. 6. AS 08.11.040 is amended to read: 27 Sec. 08.11.040. Display of license. (a) An individual licensed to practice 28 audiology as an audiologist or licensed to practice speech-language pathology as a 29 speech-language pathologist in the state shall display the license in a prominent place 30 at each place of business of the individual. 31 (b) If an audiologist or speech-language pathologist has more than one place
01 of business, the department shall, on request and payment of a fee, issue a duplicate 02 license for each place of business of the individual. 03 * Sec. 7. AS 08.11.050 is amended to read: 04 Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 05 each of the following: 06 (1) application; 07 (2) credential review; 08 (3) audiologist license and speech-language pathologist license ; 09 (4) temporary license; 10 (5) renewal of license; 11 (6) delinquency; 12 (7) reinstatement; 13 (8) duplicate license. 14 * Sec. 8. AS 08.11.080 is amended to read: 15 Sec. 08.11.080. Grounds for imposition of disciplinary sanctions on an 16 audiologist. After a hearing, the department may impose a disciplinary sanction on 17 an audiologist when the department finds that the licensee 18 (1) secured a license through deceit, fraud, or intentional 19 misrepresentation; 20 (2) engaged in deceit, fraud, or intentional misrepresentation in the 21 course of practicing audiology; 22 (3) advertised professional services in a false or misleading manner; 23 (4) has been convicted of a felony or other crime that affects the 24 person's ability to continue to practice competently and safely; 25 (5) continued to practice audiology after becoming unfit due to 26 (A) professional incompetence; 27 (B) use of drugs or alcohol in a manner that affects the person's 28 ability to practice audiology competently and safely; 29 (C) physical or mental disability; 30 (6) permitted another person to use the licensee's license; 31 (7) employed a person who does not have a valid current license to
01 practice audiology to perform work as an audiologist covered by this chapter; 02 (8) failed to comply with a provision of this chapter or a regulation 03 adopted under this chapter, or an order of the department. 04 * Sec. 9. AS 08.11 is amended by adding a new section to read: 05 Sec. 08.11.085. Grounds for imposition of disciplinary sanctions on a 06 speech-language pathologist. After a hearing, the department may impose a 07 disciplinary sanction on a speech-language pathologist when the department finds that 08 the licensee 09 (1) secured a license through deceit, fraud, or intentional 10 misrepresentation; 11 (2) engaged in deceit, fraud, or intentional misrepresentation in the 12 course of practicing speech-language pathology; 13 (3) advertised professional services in a false or misleading manner; 14 (4) has been convicted of a felony or other crime that affects the 15 person's ability to continue to practice competently and safely; 16 (5) continued to practice speech-language pathology after becoming 17 unfit due to 18 (A) professional incompetence; 19 (B) use of drugs or alcohol in a manner that affects the person's 20 ability to practice speech-language pathology competently and safely; 21 (C) a physical or mental disability; 22 (6) permitted another person to use the licensee's license; 23 (7) employed a person who does not have a valid current license to 24 practice speech-language pathology to perform work as a speech-language pathologist 25 covered by this chapter; 26 (8) failed to comply with a provision of this chapter or a regulation 27 adopted under this chapter, or an order of the department. 28 * Sec. 10. AS 08.11.090(a) is amended to read: 29 (a) When it finds that an audiologist has committed an act listed in 30 AS 08.11.080 or that a speech-language pathologist has committed an act listed 31 in AS 08.11.085 , the department may impose the following sanctions singly or in
01 combination: 02 (1) permanently revoke a license to practice; 03 (2) suspend a license for a determinate period of time; 04 (3) censure a licensee; 05 (4) issue a letter of reprimand; 06 (5) place a licensee on probationary status and require the licensee to 07 (A) report regularly to the department on matters involving the 08 basis of probation; 09 (B) limit practice to those areas prescribed; 10 (C) continue professional education until a satisfactory degree 11 of skill has been attained in those areas determined by the department to need 12 improvement; 13 (6) impose limitations or conditions on the practice of a licensee. 14 * Sec. 11. AS 08.11.100 is amended to read: 15 Sec. 08.11.100. Prohibited acts. Unless a person is licensed as an 16 audiologist under this chapter, the person may not 17 (1) practice audiology; 18 (2) use a title indicating or representing that the person practices as an 19 audiologist; 20 (3) advertise that the person practices audiology. 21 * Sec. 12. AS 08.11.100 is amended by adding a new subsection to read: 22 (b) Unless a person is licensed as a speech-language pathologist under this 23 chapter, the person may not 24 (1) practice speech-language pathology; 25 (2) use a title indicating or representing that the person practices as a 26 speech-language pathologist; 27 (3) advertise that the person practices speech-language pathology. 28 * Sec. 13. AS 08.11 is amended by adding a new section to read: 29 Sec. 08.11.125. Exemptions. (a) Except as otherwise specifically provided 30 in this section, this chapter does not apply to an individual who practices speech- 31 language pathology consistent with the accepted standards and code of ethics of the
01 individual's profession as part of the individual's duties as 02 (1) a physician licensed under AS 08.64; 03 (2) an employee of a school district while practicing speech-language 04 pathology under the provisions of certification issued by the Department of Education; 05 (3) a student, intern, or resident pursuing a course of study in speech- 06 language pathology at an accredited college or a clinical training facility approved by the 07 department if the activities of the student, intern, or resident constitute part of a supervised 08 course of study and the student, intern, or resident is designated as a "speech-language 09 pathology intern," "speech-language pathology trainee," or other title approved by the 10 department that clearly indicates that the person is training to be a speech-language 11 pathologist. 12 (b) An individual who is not licensed as a speech-language pathologist but 13 who is exempt under (a) of this section may not use a title or description stating or 14 implying that the person is a speech-language pathologist. 15 (c) An individual who is not licensed under this chapter but who teaches the 16 practice of speech-language pathology in a speech-language pathology training program 17 at a college or university may use the title "speech-language pathologist" but may not 18 practice speech-language pathology. 19 * Sec. 14. AS 08.11.200 is amended by adding new paragraphs to read: 20 (6) "practice of speech-language pathology" means the application of 21 principles, methods, and procedures related to the development and disorders of human 22 communication, including but not limited to 23 (A) screening, identifying, assessing and interpreting, 24 diagnosing, rehabilitating, and preventing disorders of speech, such as 25 articulation, fluency, voice, and language; 26 (B) screening, identifying, assessing and interpreting, 27 diagnosing, and rehabilitating disorders of oral-pharyngeal function or 28 dysphagia or related disorders; 29 (C) screening, identifying, assessing and interpreting, 30 diagnosing, and rehabilitating cognitive and communication disorders; 31 (D) assessing, selecting, and developing augmentative and
01 alternative communication systems and providing training in their use; 02 (E) providing aural rehabilitation and related counseling services 03 to hearing impaired individuals and their families; 04 (F) enhancing speech-language proficiency and communication 05 effectiveness, such as accent reduction; and 06 (G) screening of hearing and other factors for the purpose of 07 speech-language evaluation or the initial identification of individuals with other 08 communication disorders, provided that judgments and descriptive statements 09 about the results of the screening are limited to pass-fail determinations; 10 (7) "speech-language pathologist" means an individual who is licensed 11 under AS 08.11.015 to practice speech-language pathology in the state. 12 * Sec. 15. AS 08.55.150(a) is amended to read: 13 (a) Unless a person is licensed under this chapter or is licensed as an 14 audiologist under AS 08.11, the person may not 15 (1) deal in hearing aids; 16 (2) use a title indicating or representing that the person deals in hearing 17 aids or is licensed to deal in hearing aids; 18 (3) advertise that the person deals in hearing aids. 19 * Sec. 16. AS 09.55.560(1) is amended to read: 20 (1) "health care provider" means an acupuncturist licensed under 21 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; 22 a chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; 23 a dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing 24 optician licensed under AS 08.71; a naturopath licensed under AS 08.45; an 25 optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a physical 26 therapist or occupational therapist licensed under AS 08.84; a physician licensed under 27 AS 08.64; a podiatrist; a psychologist and a psychological associate licensed under 28 AS 08.86; a hospital as defined in AS 18.20.130, including a governmentally owned 29 or operated hospital; an employee of a health care provider acting within the course 30 and scope of employment; an ambulatory surgical facility and other organizations 31 whose primary purpose is the delivery of health care, including a health maintenance
01 organization, individual practice association, integrated delivery system, preferred 02 provider organization or arrangement, and a physical hospital organization; 03 * Sec. 17. AS 42.05.296(b) is amended to read: 04 (b) A telephone subscriber is eligible for the service required by (a) of this 05 section if the subscriber is certified as deaf, hard of hearing, or speech impaired by a 06 licensed physician, a speech-language pathologist licensed under AS 08.11, an 07 audiologist, or the Department of Health and Social Services or if the subscriber is an 08 organization representing the deaf, hard of hearing, or speech impaired as determined 09 by the commission. 10 * Sec. 18. AS 44.62.330(a)(53) is amended to read: 11 (53) Department of Commerce and Economic Development concerning 12 the licensing and regulation of audiologists and speech-language pathologists under 13 AS 08.11; 14 * Sec. 19. AS 47.17.290(13) is amended to read: 15 (13) "practitioner of the healing arts" includes chiropractors, mental 16 health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse 17 practitioners, certified nurse aides, occupational therapists, occupational therapy 18 assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy 19 assistants, physicians, physician's assistants, psychiatrists, psychologists, psychological 20 associates, audiologists and speech-language pathologists licensed under AS 08.11, 21 hearing aid dealers licensed under AS 08.55, marital and family therapists licensed 22 under AS 08.63, religious healing practitioners, acupuncturists, and surgeons; 23 * Sec. 20. This Act takes effect July 1, 1999.