HOUSE BILL 638
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Eliseo Lee Alcon
AN ACT
RELATING TO PROFESSIONAL LICENSES; AMENDING THE SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND HEARING AID DISPENSING PRACTICES ACT; ADDING A SCOPE OF PRACTICE FOR CLINICAL FELLOWS; INCREASING BOARD MEMBERSHIP; CONFORMING STATE LICENSURE TO NATIONAL STANDARDS; INCREASING LICENSE FEES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-14B-2 NMSA 1978 (being Laws 1996, Chapter 57, Section 2, as amended) is amended to read:
"61-14B-2. DEFINITIONS.--As used in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act:
A. "apprentice" means a person working toward full licensure in speech-language pathology who meets the requirements for licensure as an apprentice in speech and language pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
B. "appropriate supervisor" means a person licensed pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act who has a minimum of two years experience as a speech-language pathologist after the person's clinical fellowship year;
[B.] C. "auditory trainer" means a custom-fitted FM amplifying instrument other than a hearing aid designed to enhance signal-to-noise ratios;
[C.] D. "audiologist" means a person who engages in the practice of audiology, who may or may not dispense hearing aids and who meets the qualifications set forth in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
[D.] E. "board" means the speech-language pathology, audiology and hearing aid dispensing practices board;
[E.] F. "business location" means a permanent physical business location in New Mexico where records can be examined and process served;
[F.] G. "clinical fellow" means a person who has completed all academic course work and practicum requirements for a master's degree or the equivalent in speech-language pathology or audiology or both and engages in the practice of speech-language pathology or audiology as set forth in the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
[G.] H. "clinical fellowship year" or "CFY" means the time following the completion of all academic course work and practicum requirements for a master's degree in speech- language pathology or audiology or both and during which a clinical fellow is working [towards] toward a certificate of clinical competence from a nationally recognized speech-language or hearing association or the equivalent;
[H. "CFY supervisor" means a person licensed pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act who oversees the work of a clinical fellow and is so designated in the CFY plan that is approved by the board;]
I. "department" means the regulation and licensing department;
J. "hearing aid" means [any] a wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including earmolds but excluding batteries and cords;
K. "hearing aid dispenser" means [any] a person other than [a] an audiologist or an otolaryngologist who is licensed to sell, fit and service hearing aids [under] pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act and maintains or occupies a permanent physical business location in New Mexico where records can be examined and process can be served;
L. "otolaryngologist" means a licensed physician who has completed a recognized residency in otolaryngology and is certified by the American board of otolaryngology;
M. "paraprofessional" means a person who provides adjunct speech-pathology or audiology services under the direct supervision of a licensed speech-language pathologist or audiologist;
N. "practice of audiology" means the application of principles, methods and procedures of measurement, testing, appraisal, prognostication, aural rehabilitation, aural habilitation, consultation, hearing aid selection and fitting, counseling, instruction and research related to hearing and disorders of hearing for the purpose of nonmedical diagnosis, prevention, identification, amelioration or the modification of communicative disorders involving speech, language auditory function or other aberrant behavior related to hearing disorders;
O. "practice of hearing aid dispensing" means the behavioral measurement of human hearing for the purpose of the selection and fitting of hearing aids or other rehabilitative devices to ameliorate the dysfunction of hearing sensitivity; this may include otoscopic inspection of the ear, fabrication of ear impressions and earmolds, instruction, consultation and counseling on the use and care of these instruments, medical referral when appropriate and the analysis of function and servicing of these instruments involving their modification or adjustment;
P. "practice of speech-language pathology" means the rendering or offering to render to individuals, groups, organizations or the public any service in speech or language pathology involving the nonmedical application of principles, methods and procedures for the measurement, testing, diagnosis, prognostication, counseling and instruction related to the development and disorders of communications, speech, fluency, voice, verbal and written language, auditory comprehension, cognition, dysphagia, oral pharyngeal or laryngeal sensorimotor competencies and treatment of persons requiring use of an augmentative communication device for the purpose of nonmedical diagnosing, preventing, treating and ameliorating such disorders and conditions in individuals and groups of individuals;
Q. "screening" means a pass-fail procedure to identify individuals who may require further assessment in the areas of speech-language pathology, audiology or hearing aid dispensing;
R. "speech-language pathologist" means a person who engages in the practice of speech-language pathology and who meets the qualifications set forth in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
S. "sponsor" means a licensed hearing aid dispenser, audiologist or otolaryngologist who has an endorsement to dispense hearing aids and:
(1) is employed in the same business location where the trainee is being trained; and
(2) has been actively engaged in the dispensing of hearing aids during three of the past five years;
T. "student" means [any] a person who is a full- or part-time student enrolled in an accredited college or university program in speech-language pathology, audiology or communicative disorders;
U. "supervisor" means a speech-language pathologist or audiologist licensed pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act who provides supervision in the area of speech-language pathology or audiology; and
V. "trainee" means a person working toward full licensure as a hearing aid dispenser under the direct supervision of a sponsor."
Section 2. A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act, Section 61-14B-3.2 NMSA 1978, is enacted to read:
"61-14B-3.2. [NEW MATERIAL] SCOPE OF PRACTICE--CLINICAL FELLOW OF SPEECH-LANGUAGE PATHOLOGY.--
A. The scope of practice for a clinical fellow of speech-language pathology under the supervision by an appropriate supervisor shall include:
(1) rendering or offering to render professional services, including diagnosis, prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction, counseling, prognostication, training and research to individuals or groups of individuals who have or are suspected of having disorders of communication, including speech comprehension, voice, fluency, language in all its expressive and receptive forms, including oral expression, reading, writing and comprehension, oral pharyngeal function, oral motor function, dysphagia, functional maintenance therapy or cognitive-communicative processes; and
(2) determining the need for personal augmentative and alternative communication systems, computer access or assistive technology, recommending such systems and providing set-up, modification, training, trouble-shooting and follow-up in the utilization of such systems.
B. The scope of practice for a clinical fellow of speech-language pathology under the supervision by an appropriate supervisor may include:
(1) conducting pure-tone air conduction hearing screening or tympanometry screening, limited to a pass or fail determination, for the purpose of performing a speech and language evaluation or for the initial identification of individuals with other disorders of communications; and
(2) aural rehabilitation that is defined as services and procedures for facilitation of adequate receptive and expressive communication in individuals who are deaf or hearing impaired."
Section 3. Section 61-14B-5 NMSA 1978 (being Laws 1996, Chapter 57, Section 5, as amended) is amended to read:
"61-14B-5. SCOPE OF PRACTICE--AUDIOLOGISTS.--
A. The scope of practice for audiologists shall include:
(1) the rendering or offering to render professional services, including non-medical diagnosis, prevention, identification, evaluation, consultation, counseling, habilitation, rehabilitation and instruction on and prognostication of individuals having or suspected of having disorders of hearing, balance or central auditory processing;
(2) identification and evaluation of auditory function through the performance and interpretation of appropriate behavioral or electrophysiological tests for this purpose;
(3) making ear impressions for use with auditory trainers or for non-amplified devices such as swim molds or ear protectors;
(4) cerumen management; [and]
(5) evaluation and management of tinnitus; and
(6) the scope of practice for hearing aid dispensers.
B. The scope of practice for audiologists may include:
(1) consultation regarding noise control or environmental noise evaluation;
(2) hearing conservation;
(3) calibration of equipment used in hearing testing and environmental evaluation;
(4) fitting and management of auditory trainers, including their general service, adjustment and analysis of function, as well as instruction, orientation and counseling in the use and care of these instruments;
(5) speech or language screening for the purposes of audiological evaluation or initial identification for referral of individuals with disorders of communication other than hearing; [and]
(6) supervision of students, clinical fellows and paraprofessionals; and
[C. The scope of practice for audiologists may be expanded by special endorsement to include the dispensing of hearing aids. This expanded scope:
(1) shall include the scope of practice for audiologists as specified in Subsections A and B of this section;
(2) shall include the scope of practice for hearing aid dispenser; and
(3) may include] (7) the sponsorship of hearing aid dispenser trainees."
Section 4. Section 61-14B-9 NMSA 1978 (being Laws 1996, Chapter 57, Section 9) is amended to read:
"61-14B-9. BOARD CREATED.--
A. There is created the "speech-language pathology, audiology and hearing aid dispensing practices board" that shall be administratively attached to the department.
B. The board shall consist of [ten] eleven members who have been New Mexico residents for at least five years prior to their appointment. Among the membership, [two] three members shall be licensed speech-language pathologists, two members shall be licensed audiologists, two members shall be licensed hearing aid dispensers, one member shall be a licensed otolaryngologist and three members shall represent the public and have no interest, direct or indirect, in the profession regulated.
C. [The] A licensed [members] member of the board shall not hold any elected or appointed office in any related professional organization."
Section 5. Section 61-14B-12.1 NMSA 1978 (being Laws 2005, Chapter 250, Section 3) is amended to read:
"61-14B-12.1. REQUIREMENTS FOR LICENSURE--
AUDIOLOGIST.--A license to practice as an audiologist shall be issued to any person who:
A. files a completed application, accompanied by the required fees and documentation; certifies that the applicant is not guilty of any of the activities listed in Section 61-14B-21 NMSA 1978; and submits satisfactory evidence that the applicant:
(1) holds a master's degree in audiology or communication disorders; or an equivalent degree awarded prior to January 1, 2007; meets the academic requirements for certification by a nationally recognized [speech-language or] hearing association; and [currently holds] has earned a certificate of clinical competence from a nationally recognized [speech-language or] hearing association in the area that the applicant is seeking licensure; or
(2) has completed the current academic, practicum and employment experience requirements for a certificate of clinical competence in audiology from a nationally recognized [speech-language or] hearing association and has passed a nationally recognized standard examination; or
B. files a completed application, accompanied by the required fees and documentation; certifies that the applicant is not guilty of any of the activities listed in Section 61-14B-21 NMSA 1978; and submits satisfactory evidence that the applicant:
(1) holds a [doctoral degree in] doctor of audiology degree or equivalent degree regardless of degree name and meets academic requirements for certification by a nationally recognized [speech-language or] hearing association; and
(2) [has completed the current academic, practicum and employment requirements of a nationally recognized speech-language or hearing association; and] has passed a nationally recognized standard examination in audiology if required by rule."
Section 6. Section 61-14B-14 NMSA 1978 (being Laws 1996, Chapter 57, Section 14, as amended) is amended to read:
"61-14B-14. REQUIREMENTS FOR LICENSURE BY EXAMINATION--HEARING AID DISPENSER.--
A. A license to practice as a hearing aid dispenser shall be issued to [any] a person who files a completed application, passes the examination approved by the board, pays the required fees, provides required documentation and submits satisfactory evidence that the person:
[(1) is an audiologist, a clinical fellow in audiology or an otolaryngologist; or
(2) is a person other than an audiologist, a clinical fellow in audiology or an otolaryngologist applying for a license under the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act and who:
(a)] (1) has reached the age of majority and has at least a high school education or the equivalent;
(2) has met any additional educational requirement of the board;
[(b)] (3) has worked for no less than seven months under a training permit; [and
(c)] (4) certifies that [he] the person is not guilty of any of the activities listed in Section 61-14B-21 NMSA 1978; and
(5) maintains a surety bond in the amount of one thousand dollars ($1,000).
B. The examination for hearing aid dispenser shall be conducted by the board quarterly unless there are no applicants for examination.
C. The board:
(1) shall provide procedures to [assure] ensure that examinations for licensure are offered as needed;
(2) shall establish rules regarding the examination application deadline and other rules relating to the taking and retaking of licensure examinations;
(3) shall determine a passing grade for the examination; and
(4) may accept an applicant's examination scores used for national certification or other examination approved by the board."
Section 7. Section 61-14B-15 NMSA 1978 (being Laws 1996, Chapter 57, Section 15) is amended to read:
"61-14B-15. REQUIREMENTS FOR LICENSURE--CLINICAL FELLOW OF SPEECH-LANGUAGE PATHOLOGY--CLINICAL FELLOW OF AUDIOLOGY.--A license to practice as a clinical fellow of speech-language pathology or audiology shall be issued to [any] a person who files a completed application, [passes the examination approved by the board prior to or within one year of applying for the examination] pays the required fees, provides documentation and submits satisfactory evidence that the person:
A. has met all academic course work and practicum requirements for a master's degree in speech-language pathology, speech pathology, communication disorders or audiology or both for certification by a nationally recognized speech-language or hearing association;
[B. has filed a CFY plan that meets with board approval;
C.] B. certifies that [he] the person has received no reprimands of unprofessional conduct or incompetency;
[D.] C. applies for licensure under Section [12 of the Speech Language Pathology, Audiology and Hearing Aid Dispensing Practices Act] 61-14B-12 NMSA 1978 after completing the clinical fellowship year; and
[E.] D. has [a CFY] an appropriate supervisor [who:
(1) is a speech-language pathologist or audiologist licensed under the provisions of the Speech Language Pathology, Audiology and Hearing Aid Dispensing Practices Act; and
(2) has registered with the board as a CFY supervisor for the clinical fellowship year]."
Section 8. Section 61-14B-15.1 NMSA 1978 (being Laws 1999, Chapter 128, Section 8, as amended) is amended to read:
"61-14B-15.1. REQUIREMENTS FOR LICENSURE--APPRENTICE IN SPEECH AND LANGUAGE.--A license to practice as an apprentice in speech and language shall be issued by the board to a person who files a completed application accompanied by the required fees and documentation and provides satisfactory evidence that the applicant:
A. is working toward full licensure pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
B. has a baccalaureate degree in speech-language pathology or communicative disorders or an equivalent degree or a baccalaureate degree in another field with thirty semester hours of credit in speech-language pathology or communicative [disorder] disorders;
C. is enrolled in and successfully completes graduate classes in speech-language pathology [or], communicative disorders or a related field at a minimum rate of nine semester hours per year and is accepted into a master's level program in speech-language pathology or communicative disorders within two years of initial licensing;
D. maintains a minimum of a 3.0 grade point average in the master's degree course and other work;
E. is supervised by [a person licensed as a speech-language pathologist who has a minimum of two years experience as a speech-language pathologist] an appropriate supervisor; and
F. [receives a minimum of ten percent direct supervision and ten percent indirect supervision] has arranged for appropriate supervision to meet the supervision requirements as defined by rule."
Section 9. Section 61-14B-18 NMSA 1978 (being Laws 1996, Chapter 57, Section 18) is amended to read:
"61-14B-18. SCOPE OF HEARING AID DISPENSING EXAMINATION.--In preparing the hearing aid dispensing examination, the board shall use tests that demonstrate:
A. knowledge in the fitting and sale of hearing aids, including basic physics of sound, anatomy and physiology of the ear and the function of hearing aids; and
B. proficient use of techniques for the fitting of hearing aids, including:
(1) pure-tone audiometry, including air conduction and bone conduction testing;
(2) live voice or recorded voice speech audiometry, including speech reception threshold and speech recognition score tests;
(3) masking when indicated;
(4) recording and evaluation of audiograms and speech audiometry for determining proper selection, fitting and adjustment of hearing aids;
(5) taking earmold impressions; and
(6) analyzing hearing aid function, modification and general service."
Section 10. Section 61-14B-19 NMSA 1978 (being Laws 1996, Chapter 57, Section 19) is amended to read:
"61-14B-19. LICENSE RENEWAL.--
A. Each licensee shall renew [his] the licensee's license every year by submitting a renewal application as provided for in the board's regulations. The board may require proof of continuing education as a requirement for renewal.
B. A sixty-day grace period shall be allowed to each licensee after each licensing period. A license may be renewed during the grace period upon payment of a renewal fee and a late fee as prescribed by the board.
C. Any license not renewed by the end of the grace period will be considered expired and the licensee shall not be eligible to practice within the state until the license is renewed. The board shall develop rules regarding requirements for renewal of an expired license and may require the licensee to reapply as a new applicant.
D. Clinical fellow licenses may be renewed for no more than three years; provided the clinical fellow has submitted evidence of:
(1) passing a recognized standard national examination in [either] speech-language pathology [or audiology or both] prior to or within [his first] the clinical fellow's second year of the CFY. The CFY license will not be renewed the second year without evidence of passing a recognized standard national examination in [either] speech-language pathology [or audiology or both]; and
(2) evidence of continued supervision and satisfactory performance.
E. The board may issue rules providing for inactive status of licenses.
F. Hearing aid dispensing licenses may be renewed provided the hearing aid dispenser has submitted evidence that the licensee is board-certified by the national board for certification in hearing instrument sciences as provided in the speech-language pathology, audiology and hearing aid dispensing practices board's rules."
Section 11. Section 61-14B-20 NMSA 1978 (being Laws 1996, Chapter 57, Section 20, as amended) is amended to read:
"61-14B-20. FEES.--The board shall establish a schedule of reasonable fees for applications, licenses, renewal of licenses, exams, penalties and administrative fees. The license and license renewal fees shall not exceed:
A. [fifty dollars ($50.00)] one hundred dollars ($100) for clinical fellows and apprentices in speech and language;
B. [one hundred dollars ($100)] three hundred dollars ($300) for audiologists or speech-language pathologists;
C. [three hundred dollars ($300)] four hundred dollars ($400) for hearing aid dispensers;
D. [two hundred dollars ($200)] three hundred dollars ($300) for examinations;
E. [one hundred dollars ($100)] two hundred dollars ($200) for late renewal fees;
[F. two hundred dollars ($200) for hearing aid dispensing endorsement;
G.] F. five hundred dollars ($500) for a hearing aid dispenser trainee license, which fee includes examination, both written and practical; and
[H.] G. reasonable administrative fees."
Section 12. REPEAL.--Section 61-14B-13 NMSA 1978 (being Laws 1996, Chapter 57, Section 13, as amended) is repealed.
Section 13. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.
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