CSHB 105(FIN): "An Act providing for the licensing of speech-language pathologists; relating to fees paid by audiologists and speech-language pathologists; and providing for an effective date."
00CS FOR HOUSE BILL NO. 105(FIN) 01 "An Act providing for the licensing of speech-language pathologists; relating to 02 fees paid by audiologists and speech-language pathologists; and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.01.010(5) is amended to read: 06 (5) regulation of audiologists and speech-language pathologists under 07 AS 08.11; 08 * Sec. 2. AS 08.01.065(c) is amended to read: 09 (c) Except as provided in (f) and (g) of this section, the department shall 10 establish fee levels under (a) of this section so that the total amount of fees collected 11 for an occupation approximately equals the actual regulatory costs for the occupation. 12 The department shall annually review each fee level to determine whether the 13 regulatory costs of each occupation are approximately equal to fee collections related 14 to that occupation. If the review indicates that an occupation's fee collections and
01 regulatory costs are not approximately equal, the department shall calculate fee 02 adjustments and adopt regulations under (a) of this section to implement the 03 adjustments. In January of each year, the department shall report on all fee levels and 04 revisions for the previous year under this subsection to the office of management and 05 budget. If a board regulates an occupation covered by this chapter, the department 06 shall consider the board's recommendations concerning the occupation's fee levels and 07 regulatory costs before revising fee schedules to comply with this subsection. In this 08 subsection, "regulatory costs" means costs of the department that are attributable to 09 regulation of an occupation plus 10 (1) all expenses of the board that regulates the occupation if the board 11 regulates only one occupation; 12 (2) the expenses of a board that are attributable to the occupation if the 13 board regulates more than one occupation. 14 * Sec. 3. AS 08.01.065 is amended by adding a new subsection to read: 15 (g) Notwithstanding (c) of this section, the department shall establish fee levels 16 under (a) of this section so that the total amount of fees collected by the department 17 for all occupations regulated under AS 08.11 approximately equals the total regulatory 18 costs of the department for all occupations regulated by the department under 19 AS 08.11. The department shall set the fee levels for the issuance and renewal of 20 licenses issued under AS 08.11 so that the fee levels are the same for all occupations 21 regulated by the department under AS 08.11. 22 * Sec. 4. AS 08.02.010(a) is amended to read: 23 (a) An acupuncturist licensed under AS 08.06, an audiologist or speech- 24 language pathologist licensed under AS 08.11, a person licensed in the state as a chiropractor 25 under AS 08.20, a professional counselor licensed under AS 08.29, a dentist under AS 08.36, 26 a dietitian or nutritionist licensed under AS 08.38, a marital and family therapist licensed 27 under AS 08.63, a medical practitioner or osteopath under AS 08.64, a direct-entry midwife 28 certified under AS 08.65, a registered nurse under AS 08.68, an optometrist under AS 08.72, 29 a licensed pharmacist under AS 08.80, a physical therapist or occupational therapist licensed 30 under AS 08.84, a psychologist under AS 08.86, or a clinical social worker licensed under 31 AS 08.95, shall use as professional identification appropriate letters or a title after that person's
01 name that represents the person's specific field of practice. The letters or title shall appear on 02 all signs, stationery, or other advertising in which the person offers or displays personal 03 professional services to the public. In addition, a person engaged in the practice of medicine 04 or osteopathy as defined in AS 08.64.380, or a person engaged in any manner in the healing 05 arts who diagnoses, treats, tests, or counsels other persons in relation to human health or 06 disease and uses the letters "M.D." or the title "doctor" or "physician" or another title that 07 tends to show that the person is willing or qualified to diagnose, treat, test, or counsel another 08 person, shall clarify the letters or title by adding the appropriate specialist designation, if any, 09 such as "dermatologist", "radiologist", "audiologist", "naturopath", or the like. 10 * Sec. 5. AS 08.11 is amended by adding a new section to read: 11 Sec. 08.11.015. Qualifications for speech-language pathologist license. The 12 department shall issue a license to practice speech-language pathology to an individual 13 who 14 (1) is 18 years of age or older; 15 (2) applies on a form provided by the department; 16 (3) pays the fee required under AS 08.11.050; 17 (4) has not engaged in conduct that is a ground for imposing 18 disciplinary sanctions under AS 08.11.085; and 19 (5) furnishes evidence satisfactory to the department that the person 20 holds a Certificate of Clinical Competence in speech-language pathology from the 21 American Speech-Language-Hearing Association or the equivalent of the certificate. 22 * Sec. 6. AS 08.11 is amended by adding a new section to read: 23 Sec. 08.11.025. Temporary license to practice speech-language pathology 24 as a speech-language pathologist. (a) The department may issue a temporary license 25 for the practice of speech-language pathology as a speech-language pathologist to an 26 individual who is licensed to practice speech-language pathology in another state and 27 has submitted to the department an application for a license and appropriate fees under 28 AS 08.11.015. 29 (b) Subject to (c) and (d) of this section, the department may issue a temporary 30 license to the following: 31 (1) a nonresident for the practice of speech-language pathology as a
01 speech-language pathologist in the state for 60 days or less in a calendar year, if the 02 individual is licensed to practice speech-language pathology in another state, territory 03 of the United States, foreign country, or province that has requirements for a license 04 to practice speech-language pathology that are substantially equivalent to or higher 05 than the requirements of AS 08.11.015; 06 (2) a nonresident for the practice of speech-language pathology as a 07 speech-language pathologist in the state for 60 days or less in a calendar year, if the 08 individual meets the qualifications and requirements for a license under AS 08.11.015, 09 and resides in a state or territory of the United States or a foreign country or province 10 that does not license individuals to practice speech-language pathology. 11 (c) The department shall deny a temporary license to an applicant under (b) 12 of this section if the board finds that the applicant has committed an act that is grounds 13 for a disciplinary sanction under AS 08.11.085. 14 (d) The department may impose by regulation additional limitations that it 15 determines appropriate on a temporary license issued under this section. 16 * Sec. 7. AS 08.11.030(d) is amended to read: 17 (d) A suspended license is subject to expiration and must be renewed as 18 provided in AS 08.01.100, but the renewal does not entitle the individual while the 19 license remains suspended to practice audiology or speech-language pathology or to 20 engage in other activity or conduct that violates the order or judgment that suspended 21 the license. 22 * Sec. 8. AS 08.11.040 is amended to read: 23 Sec. 08.11.040. Display of license. (a) An individual licensed to practice 24 audiology as an audiologist or licensed to practice speech-language pathology as a 25 speech-language pathologist in the state shall display the license in a prominent place 26 at each place of business of the individual. 27 (b) If an audiologist or speech-language pathologist has more than one place 28 of business, the department shall, on request and payment of a fee, issue a duplicate 29 license for each place of business of the individual. 30 * Sec. 9. AS 08.11.050 is amended to read: 31 Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for
01 each of the following: 02 (1) application; 03 (2) credential review; 04 (3) audiologist license and speech-language pathologist license ; 05 (4) temporary license; 06 (5) renewal of license; 07 (6) delinquency; 08 (7) reinstatement; 09 (8) duplicate license. 10 * Sec. 10. AS 08.11.080 is amended to read: 11 Sec. 08.11.080. Grounds for imposition of disciplinary sanctions on an 12 audiologist. After a hearing, the department may impose a disciplinary sanction on 13 an audiologist when the department finds that the licensee 14 (1) secured a license through deceit, fraud, or intentional 15 misrepresentation; 16 (2) engaged in deceit, fraud, or intentional misrepresentation in the 17 course of practicing audiology; 18 (3) advertised professional services in a false or misleading manner; 19 (4) has been convicted of a felony or other crime that affects the 20 person's ability to continue to practice competently and safely; 21 (5) continued to practice audiology after becoming unfit due to 22 (A) professional incompetence; 23 (B) use of drugs or alcohol in a manner that affects the person's 24 ability to practice audiology competently and safely; 25 (C) physical or mental disability; 26 (6) permitted another person to use the licensee's license; 27 (7) employed a person who does not have a valid current license to 28 practice audiology to perform work as an audiologist covered by this chapter; 29 (8) failed to comply with a provision of this chapter or a regulation 30 adopted under this chapter, or an order of the department. 31 * Sec. 11. AS 08.11 is amended by adding a new section to read:
01 Sec. 08.11.085. Grounds for imposition of disciplinary sanctions on a 02 speech-language pathologist. After a hearing, the department may impose a 03 disciplinary sanction on a speech-language pathologist when the department finds that 04 the licensee 05 (1) secured a license or temporary license through deceit, fraud, or 06 intentional misrepresentation; 07 (2) fraudulently or deceptively used a license or temporary license; 08 (3) altered a license or temporary license; 09 (4) sold, bartered, or offered to sell or barter a license or temporary 10 license; 11 (5) engaged in deceit, fraud, or intentional misrepresentation in the 12 course of practicing speech-language pathology; 13 (6) advertised professional services in a false or misleading manner; 14 (7) has been convicted of a felony or other crime that affects the 15 person's ability to continue to practice competently and safely; 16 (8) engaged in unprofessional conduct, in sexual misconduct, or in lewd 17 or immoral behavior in connection with the delivery of professional services to clients; 18 (9) continued to practice speech-language pathology after becoming 19 unfit due to 20 (A) professional incompetence; 21 (B) use of drugs or alcohol in a manner that affects the person's 22 ability to practice speech-language pathology competently and safely; 23 (C) a physical or mental disability; 24 (10) permitted another person to use the licensee's license or temporary 25 license; 26 (11) employed a person who does not have a valid current license or 27 temporary license to practice speech-language pathology to perform work as a speech- 28 language pathologist covered by this chapter; 29 (12) failed to comply with a provision of this chapter or a regulation 30 adopted under this chapter, or an order of the department. 31 * Sec. 12. AS 08.11.090(a) is amended to read:
01 (a) When it finds that an audiologist has committed an act listed in 02 AS 08.11.080 or that a speech-language pathologist has committed an act listed 03 in AS 08.11.085 , the department may impose the following sanctions singly or in 04 combination: 05 (1) permanently revoke a license to practice; 06 (2) suspend a license for a determinate period of time; 07 (3) censure a licensee; 08 (4) issue a letter of reprimand; 09 (5) place a licensee on probationary status and require the licensee to 10 (A) report regularly to the department on matters involving the 11 basis of probation; 12 (B) limit practice to those areas prescribed; 13 (C) continue professional education until a satisfactory degree 14 of skill has been attained in those areas determined by the department to need 15 improvement; 16 (6) impose limitations or conditions on the practice of a licensee. 17 * Sec. 13. AS 08.11 is amended by adding a new section to read: 18 Sec. 08.11.095. Revocation of speech-language pathologist license. After 19 a hearing, the department shall revoke the speech-language pathologist license of a 20 person who does not continue to be able to furnish the evidence required for licensure 21 under AS 08.11.015(5). 22 * Sec. 14. AS 08.11.100 is amended to read: 23 Sec. 08.11.100. Prohibited acts. Unless a person is licensed as an 24 audiologist under this chapter, the person may not 25 (1) practice audiology; 26 (2) use a title indicating or representing that the person practices as an 27 audiologist; 28 (3) advertise that the person practices audiology. 29 * Sec. 15. AS 08.11.100 is amended by adding a new subsection to read: 30 (b) Unless a person is licensed as a speech-language pathologist under this 31 chapter, the person may not
01 (1) practice speech-language pathology; 02 (2) use a title indicating or representing that the person practices as a 03 speech-language pathologist; 04 (3) advertise that the person practices speech-language pathology. 05 * Sec. 16. AS 08.11 is amended by adding a new section to read: 06 Sec. 08.11.125. Exemptions. (a) Except as otherwise specifically provided 07 in this section, this chapter does not apply to an individual who practices speech- 08 language pathology as part of the individual's duties as 09 (1) a physician licensed under AS 08.64; 10 (2) an employee of a school district while practicing speech-language 11 pathology under the provisions of certification issued by the Department of Education 12 and Early Development; 13 (3) a student, intern, or resident pursuing a course of study in speech- 14 language pathology at an accredited college or a clinical training facility approved by the 15 department if the activities of the student, intern, or resident constitute part of a supervised 16 course of study and the student, intern, or resident is designated as a "speech-language 17 pathology intern," "speech-language pathology trainee," or other title approved by the 18 department that clearly indicates that the person is training to be a speech-language 19 pathologist. 20 (b) An individual who is not licensed as a speech-language pathologist but 21 who is exempt under (a)(1) or (3) of this section may not use a title or description 22 stating or implying that the person is a speech-language pathologist. 23 (c) An individual who is not licensed under this chapter but who teaches the 24 practice of speech-language pathology in a speech-language pathology training program 25 at a college or university may use the title "speech-language pathologist" but may not 26 practice speech-language pathology. 27 * Sec. 17. AS 08.11.200 is amended by adding new paragraphs to read: 28 (6) "practice of speech-language pathology" means the application of 29 principles, methods, and procedures related to the development and disorders of human 30 communication, including but not limited to 31 (A) screening, identifying, assessing and interpreting,
01 diagnosing, rehabilitating, and preventing disorders of speech, such as 02 articulation, fluency, voice, and language; 03 (B) screening, identifying, assessing and interpreting, 04 diagnosing, and rehabilitating disorders of oral-pharyngeal function or 05 dysphagia or related disorders; 06 (C) screening, identifying, assessing and interpreting, 07 diagnosing, and rehabilitating cognitive and communication disorders; 08 (D) assessing, selecting, and developing augmentative and 09 alternative communication systems and providing training in their use; 10 (E) providing aural rehabilitation and related counseling services 11 to hearing impaired individuals and their families; 12 (F) enhancing speech-language proficiency and communication 13 effectiveness, such as accent reduction; and 14 (G) screening of hearing and other factors for the purpose of 15 speech-language evaluation or the initial identification of individuals with other 16 communication disorders, provided that judgments and descriptive statements 17 about the results of the screening are limited to pass-fail determinations; 18 (7) "speech-language pathologist" means an individual who is licensed 19 under AS 08.11.015 to practice speech-language pathology in the state. 20 * Sec. 18. AS 08.55.150(a) is amended to read: 21 (a) Unless a person is licensed under this chapter or is licensed as an 22 audiologist under AS 08.11, the person may not 23 (1) deal in hearing aids; 24 (2) use a title indicating or representing that the person deals in hearing 25 aids or is licensed to deal in hearing aids; 26 (3) advertise that the person deals in hearing aids. 27 * Sec. 19. AS 09.55.560(1) is amended to read: 28 (1) "health care provider" means an acupuncturist licensed under 29 AS 08.06; an audiologist or speech-language pathologist licensed under AS 08.11; 30 a chiropractor licensed under AS 08.20; a dental hygienist licensed under AS 08.32; 31 a dentist licensed under AS 08.36; a nurse licensed under AS 08.68; a dispensing
01 optician licensed under AS 08.71; a naturopath licensed under AS 08.45; an 02 optometrist licensed under AS 08.72; a pharmacist licensed under AS 08.80; a physical 03 therapist or occupational therapist licensed under AS 08.84; a physician licensed under 04 AS 08.64; a podiatrist; a psychologist and a psychological associate licensed under 05 AS 08.86; a hospital as defined in AS 18.20.130, including a governmentally owned 06 or operated hospital; an employee of a health care provider acting within the course 07 and scope of employment; an ambulatory surgical facility and other organizations 08 whose primary purpose is the delivery of health care, including a health maintenance 09 organization, individual practice association, integrated delivery system, preferred 10 provider organization or arrangement, and a physical hospital organization; 11 * Sec. 20. AS 42.05.296(b) is amended to read: 12 (b) A telephone subscriber is eligible for the service required by (a) of this 13 section if the subscriber is certified as deaf, hard of hearing, or speech impaired by a 14 licensed physician, a speech-language pathologist licensed under AS 08.11, an 15 audiologist, or the Department of Health and Social Services or if the subscriber is an 16 organization representing the deaf, hard of hearing, or speech impaired as determined 17 by the commission. 18 * Sec. 21. AS 44.62.330(a)(53) is amended to read: 19 (53) Department of Community and Economic Development concerning 20 the licensing and regulation of audiologists and speech-language pathologists under 21 AS 08.11; 22 * Sec. 22. AS 47.17.290(13) is amended to read: 23 (13) "practitioner of the healing arts" includes chiropractors, mental 24 health counselors, social workers, dental hygienists, dentists, health aides, nurses, nurse 25 practitioners, certified nurse aides, occupational therapists, occupational therapy 26 assistants, optometrists, osteopaths, naturopaths, physical therapists, physical therapy 27 assistants, physicians, physician's assistants, psychiatrists, psychologists, psychological 28 associates, audiologists and speech-language pathologists licensed under AS 08.11, 29 hearing aid dealers licensed under AS 08.55, marital and family therapists licensed 30 under AS 08.63, religious healing practitioners, acupuncturists, and surgeons; 31 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section
01 to read: 02 REGULATIONS. The Department of Community and Economic Development may 03 proceed to adopt regulations necessary to implement this Act. Regulations adopted to 04 implement this Act take effect under AS 44.62 (Administrative Procedure Act), but not before 05 October 1, 2000. 06 * Sec. 24. Except as provided in sec. 25 of this Act, this Act takes effect October 1, 2000. 07 * Sec. 25. Section 23 of this Act takes effect immediately under AS 01.10.070(c).