0001| AN ACT | 0002| RELATING TO LICENSURE; ENACTING THE SPEECH LANGUAGE PATHOLOGY, AUDIOLOGY | 0003| AND HEARING AID DISPENSING PRACTICES ACT; PROVIDING FOR PENALTIES; | 0004| REPEALING THE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY ACT; REPEALING THE | 0005| HEARING AID ACT; MAKING AN APPROPRIATION. | 0006| | 0007| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0008| Section 1. SHORT TITLE.--This act may be cited as the "Speech | 0009| Language Pathology, Audiology and Hearing Aid Dispensing Practices Act". | 0010| Section 2. DEFINITIONS.--As used in the Speech Language | 0011| Pathology, Audiology and Hearing Aid Dispensing Practices Act: | 0012| A. "auditory trainer" means a custom-fitted FM amplifying | 0013| instrument other than a hearing aid designed to enhance signal-to-noise | 0014| ratios; | 0015| B. "audiologist" means a person who engages in the practice | 0016| of audiology, who may or may not dispense hearing aids and who meets the | 0017| qualifications set forth in the Speech Language Pathology, Audiology and | 0018| Hearing Aid Dispensing Practices Act; | 0019| C. "board" means the speech language pathology, audiology | 0020| and hearing aid dispensing practices board; | 0021| D. "clinical fellow" means a person who has completed all | 0022| academic course work and practicum requirements for a master's degree or | 0023| the equivalent in speech language pathology or audiology or both and | 0024| engages in the practice of speech language pathology or audiology as set | 0025| forth in the provisions of the Speech Language Pathology, Audiology and | 0001| Hearing Aid Dispensing Practices Act; | 0002| E. "clinical fellowship year" or "CFY" means the time | 0003| following the completion of all academic course work and practicum | 0004| requirements for a master's degree in speech language pathology or | 0005| audiology or both, and during which the clinical fellow is working | 0006| towards a certificate of clinical competence from a nationally | 0007| recognized speech language or hearing association or the equivalent; | 0008| F. "CFY supervisor" means a person licensed pursuant to the | 0009| provisions of the Speech Language Pathology, Audiology and Hearing Aid | 0010| Dispensing Practices Act who oversees the work of a clinical fellow and | 0011| is so designated in the CFY plan that is approved by the board; | 0012| G. "department" means the regulation and licensing | 0013| department; | 0014| H. "dispensing audiologist" means an audiologist who | 0015| practices the dispensing or fitting of hearing aids and maintains or | 0016| occupies a permanent physical business location in New Mexico where | 0017| records can be examined and process can be served; | 0018| I. "hearing aid" means any wearable instrument or device | 0019| designed or offered for the purpose of aiding or compensating for | 0020| impaired human hearing and any parts, attachments or accessories, | 0021| including earmolds but excluding batteries and cords; | 0022| J. "hearing aid dispenser" means any person other than a | 0023| dispensing audiologist or an otolaryngologist who is licensed to sell, | 0024| fit and service hearing aids under the Speech Language Pathology, | 0025| Audiology and Hearing Aid Dispensing Practices Act and maintains or | 0001| occupies a permanent physical business location in New Mexico where | 0002| records can be examined and process can be served; | 0003| K. "nondispensing audiologist" means a person who engages in | 0004| the practice of audiology and who meets the qualifications set forth in | 0005| the Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0006| Practices Act; | 0007| L. "otolaryngologist" means a licensed physician who has | 0008| completed a recognized residency in otolaryngology and is certified by | 0009| the American board of otolaryngology; | 0010| M. "paraprofessional" means a person who provides adjunct | 0011| speech pathology or audiology services under the direct supervision of a | 0012| licensed speech language pathologist or audiologist; | 0013| N. "practice of audiology" means the application of | 0014| principles, methods and procedures of measurement, testing, appraisal, | 0015| prognostication, aural rehabilitation, aural habilitation, consultation, | 0016| hearing aid selection and fitting, counseling, instruction and research | 0017| related to hearing and | 0018| disorders of hearing for the purpose of nonmedical diagnosis, | 0019| prevention, identification, amelioration or the modification of | 0020| communicative disorders involving speech, language auditory function or | 0021| other aberrant behavior related to hearing disorders; | 0022| O. "practice of speech language pathology" means the | 0023| rendering or offering to render to individuals, groups, organizations or | 0024| the public any service in speech or language pathology involving the | 0025| nonmedical application of principles, methods and procedures for the | 0001| measurement, testing, diagnosis, prognostication, counseling and | 0002| instruction related to the development and disorders of speech, fluency, | 0003| voice, verbal and written language, auditory comprehension, cognition, | 0004| dysphagia, oral pharyngeal or laryngeal sensorimotor competencies and | 0005| treatment of persons requiring use of an augmentative communication | 0006| device for the purpose of nonmedical diagnosing, preventing, treating | 0007| and ameliorating such disorders and conditions in individuals and groups | 0008| of individuals; | 0009| P. "speech language pathologist" means a person who engages | 0010| in the practice of speech language pathology and who meets the | 0011| qualifications set forth in the Speech Language Pathology, Audiology and | 0012| Hearing Aid Dispensing Practices Act; | 0013| Q. "sponsor" means an individual who is employed full time | 0014| in the same physical location in New Mexico where the trainee is being | 0015| trained and is: | 0016| (1) a dispensing audiologist licensed under the | 0017| provisions of the Speech Language Pathology, Audiology and Hearing Aid | 0018| Dispensing Practices Act; or | 0019| (2) a hearing aid dispenser licensed under the | 0020| provisions of the Speech Language Pathology, Audiology and Hearing Aid | 0021| Dispensing Practices Act and who has been actively engaged in dispensing | 0022| or fitting hearing aids during three of the past five years; and | 0023| R. "trainee" means a person working toward full licensure as | 0024| a hearing aid dealer or fitter under the direct supervision of a | 0025| sponsor. | 0001| Section 3. SCOPE OF PRACTICE--SPEECH LANGUAGE PATHOLOGY.-- | 0002| A. The scope of practice for speech language pathologists | 0003| shall include: | 0004| (1) rendering or offering to render professional | 0005| services, including diagnosis, prevention, identification, evaluation, | 0006| consultation, habilitation, rehabilitation, instruction, counseling, | 0007| prognostication, training and research to individuals or groups of | 0008| individuals who have or are suspected of having disorders of | 0009| communication, including speech comprehension, voice, fluency, language | 0010| in all its expressive and receptive forms, including oral expression, | 0011| reading, writing and comprehension, oral pharyngeal function, oral motor | 0012| function, dysphagia, functional maintenance therapy or cognitive-communicative processes; and | 0013| (2) determining the need for personal augmentative and | 0014| alternative communication systems, computer access or assistive | 0015| technology, recommending such systems, and providing set-up, | 0016| modification, training, trouble-shooting and follow-up in the | 0017| utilization of such systems. | 0018| B. The scope of practice for speech language pathologists | 0019| may include: | 0020| (1) conducting pure-tone air conduction hearing | 0021| screening, tympanometry screening, limited to a pass or fail | 0022| determination, for the purpose of performing a speech and language | 0023| evaluation or for the initial identification of individuals with other | 0024| disorders of communications; | 0025| (2) aural rehabilitation that is defined as services | 0001| and procedures for facilitation of adequate receptive and expressive | 0002| communication in individuals with hearing impairment; or | 0003| (3) supervision of graduate students, clinical fellows | 0004| or paraprofessionals. | 0005| Section 4. SCOPE OF PRACTICE--NONDISPENSING | 0006| AUDIOLOGISTS.-- | 0007| A. The scope of practice for nondispensing audiologists | 0008| shall include: | 0009| (1) rendering or offering to render professional | 0010| services, including prevention, identification, evaluation, | 0011| consultation, habilitation, rehabilitation, instruction and research to | 0012| individuals who have or are suspected of having disorders of hearing or | 0013| balance; | 0014| (2) making ear impressions or fabrication of ear molds | 0015| for non-amplification purposes; | 0016| (3) cerumen management; | 0017| (4) performance and interpretation of behavioral or | 0018| electrophysiological tests of auditory or vestibular function; and | 0019| (5) evaluation and management of tinnitus. | 0020| B. The scope of practice for nondispensing audiologists may | 0021| include: | 0022| (1) consultation regarding noise control and hearing | 0023| conservation, evaluations of environment or equipment, including | 0024| calibration of equipment used in testing auditory function and hearing | 0025| conservation; | 0001| (2) speech or language screening limited to a pass or | 0002| fail determination for the purpose of initial identification of | 0003| individuals with other disorders of communication; and | 0004| (3) supervision of graduate students, clinical fellows | 0005| and paraprofessionals. | 0006| Section 5. SCOPE OF PRACTICE--DISPENSING AUDIOLOGISTS.--The scope | 0007| of practice for dispensing audiologists shall include: | 0008| A. the scope of practice for a nondispensing audiologist as | 0009| specified in Section 4 of the Speech Language Pathology, Audiology and | 0010| Hearing Aid Dispensing Practices Act; B. dispensing of | 0011| hearing aids and auditory trainers, including evaluation, prescription, | 0012| preparation and | 0013| orientation training for these devices; and | 0014| C. making ear impressions or fabrication of ear molds for | 0015| the purpose of amplification. | 0016| Section 6. SCOPE OF PRACTICE--HEARING AID DISPENSER.--The scope | 0017| of practice of the hearing aid dispenser shall include: | 0018| A. the measurement and evaluation of the sensitivity of | 0019| human hearing by means of appropriate behavioral testing equipment for | 0020| the purpose of amplification; | 0021| B. the otoscopic observation of the outer ear in connection | 0022| with the evaluation of hearing and the fitting of hearing aids and for | 0023| the purpose of referral to other professionals; | 0024| C. the fabrication of ear impressions or ear molds for the | 0025| purpose of selecting and fitting hearing aids; | 0001| D. the analysis of hearing aid function by means of the | 0002| appropriate testing equipment; | 0003| E. the selection and fitting of hearing aids with | 0004| appropriate instruction, orientation, counseling and management | 0005| regarding the use and maintenance of these devices; and | 0006| F. the modification and general servicing of hearing aids. | 0007| Section 7. LICENSE REQUIRED.-- | 0008| A. Unless licensed to practice speech language pathology, | 0009| audiology or hearing aid dispensing under the Speech Language Pathology, | 0010| Audiology and Hearing Aid Dispensing Practices Act, no person shall: | 0011| (1) practice as a speech language pathologist, | 0012| audiologist or hearing aid dispenser; | 0013| (2) use the title or represent himself as a licensed | 0014| speech language pathologist, audiologist or hearing aid dispenser or use | 0015| any other title, abbreviation, letters, figures, signs or devices that | 0016| indicate the person is licensed to practice as a speech language | 0017| pathologist, audiologist or hearing aid dispenser; or | 0018| (3) advertise, hold out to the public or represent in | 0019| any manner that one is authorized to practice speech language pathology, | 0020| audiology or hearing aid dispensing. | 0021| B. No person shall represent himself to be a speech language | 0022| pathologist or hold out to the public by any means or by any service or | 0023| function perform, directly or indirectly, or by using the terms "speech | 0024| pathology", "speech pathologist", "speech therapy", "speech therapist", | 0025| "speech correction", "speech correctionist", "speech clinic", "speech | 0001| clinician", "language pathology", "language pathologist", "voice | 0002| therapy", "voice therapist", "voice pathology", "voice pathologist", | 0003| "logopedics", "logopedist", "communicology", "communicologist", | 0004| "aphasiology", "aphasiologist", "phoniatrist" or "swallowing therapist" | 0005| unless licensed as such under the provisions of the Speech Language | 0006| Pathology, Audiology and Hearing Aid Dispensing Practices Act. | 0007| C. No person shall represent himself to be an audiologist or | 0008| hold out to the public by any means, or by any service or function | 0009| perform directly or indirectly, or by using the terms "audiology", | 0010| "audiologist", "audiometry", "audiometrist", "audiological", | 0011| "audiometrics", "hearing therapy", "hearing therapist", "hearing | 0012| clinic", "hearing clinician", "hearing center", "hearing aid | 0013| audiologist" or "audioprosthologist" unless licensed as such under the | 0014| provisions of the Speech Language Pathology, Audiology and Hearing Aid | 0015| Dispensing Practices Act. | 0016| D. No person shall represent himself to be a hearing aid | 0017| dispenser or use the terms "hearing aid dealer", "hearing aid fitter", | 0018| "hearing aid sales", "hearing aid center" or "hearing aid service | 0019| center" unless licensed as such under the provisions of the Speech | 0020| Language Pathology, Audiology and Hearing Aid Dispensing Practices Act. | 0021| Section 8. EXEMPTIONS.-- | 0022| A. Nothing in the Speech Language Pathology, Audiology and | 0023| Hearing Aid Dispensing Practices Act shall be construed to prevent | 0024| qualified members of other recognized professions that are licensed, | 0025| certified or registered under New Mexico law or regulation from | 0001| rendering services within the scope of their license, certificate or | 0002| registration, provided they do not represent themselves as holding a | 0003| license in speech language pathology, audiology or hearing aid | 0004| dispensing. | 0005| B. Any person not meeting the requirements for licensure as | 0006| a speech language pathologist or audiologist under the provisions of the | 0007| Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0008| Practices Act, may practice as a speech pathologist or audiologist until | 0009| July 1, 1997 if: | 0010| (1) he is employed as a speech pathologist or | 0011| audiologist on a waiver license issued by the state department of public | 0012| education prior to the effective date of that act; and | 0013| (2) he is actively seeking the educational | 0014| requirements for licensure under that act. | 0015| C. Nothing in the Speech Language Pathology, Audiology and | 0016| Hearing Aid Dispensing Practices Act prevents qualified members of other | 0017| recognized professional groups, such as licensed physicians, dentists or | 0018| teachers of the deaf, from doing appropriate work in the area of | 0019| communication disorders consistent with the standards and ethics of | 0020| their respective professions. | 0021| D. Nothing in the Speech Language Pathology, Audiology and | 0022| Hearing Aid Dispensing Practices Act restricts the activities and | 0023| services of a speech language pathology or audiology graduate student at | 0024| an accredited or approved college or university or an approved clinical | 0025| training facility; provided that these activities and services | 0001| constitute part of his supervised course of study and that he is | 0002| designated as a speech language pathology or audiology graduate student | 0003| or other title clearly indicating the training status appropriate to his | 0004| level of training. | 0005| Section 9. BOARD CREATED.-- | 0006| A. There is created the "speech language pathology, | 0007| audiology and hearing aid dispensing practices board" that shall be | 0008| administratively attached to the department. | 0009| B. The board shall consist of ten members who have been New | 0010| Mexico residents for at least five years prior to their appointment. | 0011| Among the membership, two members shall be licensed speech language | 0012| pathologists, two members shall be licensed audiologists, two members | 0013| shall be licensed hearing aid dispensers, one member shall be a licensed | 0014| otolaryngologist and three members shall represent the public and have | 0015| no interest, direct or indirect, in the profession regulated. | 0016| C. The licensed members of the board shall not hold any | 0017| elected or appointed office in any related professional organization. | 0018| Section 10. TERMS--REIMBURSEMENT--MEETINGS.-- | 0019| A. Members of the board shall be appointed by the governor | 0020| for staggered terms of three years. Each member shall hold office until | 0021| successors are appointed. Vacancies shall be filled for the unexpired | 0022| term in the same manner as original appointments. | 0023| B. A majority of the board members serving constitutes a | 0024| quorum of the board. The board shall meet at least once a year and at | 0025| such other times as it deems necessary. | 0001| C. The board shall elect a chairman and other officers as | 0002| deemed necessary to administer its duties. | 0003| D. No board member shall serve more than two full | 0004| consecutive terms, and any member failing to attend three meetings after | 0005| proper notice shall automatically be recommended for removal as a board | 0006| member, unless excused for reasons set forth in board regulations. | 0007| E. Members of the board shall be reimbursed as provided in | 0008| the Per Diem and Mileage Act and shall receive no other compensation, | 0009| perquisite or allowance. | 0010| F. No member of the board shall be liable in a civil action | 0011| for any act performed in good faith in the performance of his duties. | 0012| Section 11. BOARD POWERS AND DUTIES.--The board shall: | 0013| A. adopt rules and regulations and establish policy | 0014| necessary to carry out the provisions of the Speech Language Pathology, | 0015| Audiology and Hearing Aid Dispensing Practices Act in accordance with | 0016| the Uniform Licensing Act; | 0017| B. adopt rules implementing continuing education | 0018| requirements; | 0019| C. adopt a code of ethics; | 0020| D. conduct hearings upon charges relating to the discipline | 0021| of licensees, including the denial, suspension or revocation of a | 0022| license in accordance with the Uniform Licensing Act; | 0023| E. investigate complaints against licensees by issuing | 0024| investigative subpoenas prior to the issuance of a notice of | 0025| contemplated action; | 0001| F. hire staff as may be necessary to carry out the | 0002| provisions of the Speech Language Pathology, Audiology and Hearing Aid | 0003| Dispensing Practices Act; | 0004| G. establish fees for licensure; | 0005| H. provide for the licensing and renewal of licenses of | 0006| applicants; and | 0007| I. adopt rules that provide for licensure by reciprocity, | 0008| including temporary permits for speech language pathologists, | 0009| audiologists or hearing aid dispensers. | 0010| Section 12. REQUIREMENTS FOR LICENSURE--SPEECH LANGUAGE | 0011| PATHOLOGIST--NONDISPENSING AUDIOLOGIST.--A license to practice as a | 0012| speech language pathologist or a nondispensing audiologist shall be | 0013| issued to any person who files a completed application, accompanied by | 0014| the required fees and documentation, and who submits satisfactory | 0015| evidence that the applicant: | 0016| A. holds at least a master's degree in speech pathology, | 0017| speech language pathology, communication disorders or audiology or | 0018| equivalent degree regardless of degree name, and meets the academic | 0019| requirements for certification by a nationally recognized speech | 0020| language or hearing association; | 0021| B. certifies that he is not guilty of any of the activities | 0022| listed in Section 21 of the Speech Language Pathology, Audiology and | 0023| Hearing Aid Dispensing Practices Act; and | 0024| C. currently holds a certificate of clinical competence from | 0025| a nationally recognized speech language or hearing association in the | 0001| area for which he is seeking licensure; or | 0002| D. has submitted evidence of having completed the current | 0003| academic, practicum and employment experience requirements for a | 0004| certificate of clinical competence from a nationally recognized speech | 0005| language or hearing association in the area for which he is applying for | 0006| license and has passed a recognized standard national examination in | 0007| either speech language pathology or audiology or both and has complied | 0008| with the provisions of Subsection B of this section. | 0009| Section 13. REQUIREMENTS FOR LICENSURE WITHOUT EXAMINATION--DISPENSING AUDIOLOGIST--DISPENSING OTOLARYNGOLOGIST.--A license to | 0010| practice as a dispensing audiologist or as a dispensing otolaryngologist | 0011| shall be issued without an examination to any person who files a | 0012| completed application, accompanied by the required fees and | 0013| documentation, and who submits satisfactory evidence that the applicant: | 0014| A. is currently certified in audiology by a nationally | 0015| recognized speech language or hearing association or meets all the | 0016| requirements for certification and provides evidence satisfactory to the | 0017| board of experience in the dispensing or fitting of hearing aids either | 0018| in a graduate training program or in a work or training experience; | 0019| B. is currently a clinical fellow in audiology and provides | 0020| evidence satisfactory to the board of experience in dispensing or | 0021| fitting hearing aids either in a graduate training program or in a work | 0022| or training experience; or | 0023| C. is an otolaryngologist and provides evidence satisfactory | 0024| to the board of experience in the dispensing or fitting of hearing aids; | 0025| and | 0001| D. certifies that he is not guilty of any of the activities | 0002| listed in Section 21 of the Speech Language Pathology, Audiology and | 0003| Hearing Aid Dispensing Practices Act. Section 14. REQUIREMENTS | 0004| FOR LICENSURE BY EXAMINATION--HEARING AID DISPENSER.-- | 0005| A. A license to practice as a hearing aid dispenser shall be | 0006| issued to any person who files a completed application, passes the | 0007| examination approved by the board, pays the required fees and | 0008| documentation and submits satisfactory evidence that the person: | 0009| (1) is a dispensing audiologist, a clinical fellow in | 0010| audiology or an otolaryngologist who does not meet the qualifications | 0011| regarding a dispensing otolaryngologist set forth in Section 13 of the | 0012| Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0013| Practices Act; or | 0014| (2) is a person other than a dispensing audiologist, a | 0015| nondispensing audiologist, a clinical fellow in audiology or an | 0016| otolaryngologist applying for a license under the Speech Language | 0017| Pathology, Audiology and Hearing Aid Dispensing Practices Act and who: | 0018| (a) has at least a high school education or the | 0019| equivalent; | 0020| (b) has worked for no less than seven months | 0021| under a training permit; and | 0022| (c) certifies that he is not guilty of any of the | 0023| activities listed in Section 21 of the Speech Language Pathology, | 0024| Audiology and Hearing Aid Dispensing Practices Act. | 0025| B. The examination for hearing aid dispenser shall be | 0001| conducted by the board quarterly unless there are no applicants for | 0002| examination. | 0003| C. The board: | 0004| (1) shall provide procedures to assure that | 0005| examinations for licensure are offered as needed; | 0006| (2) shall establish rules regarding the examination | 0007| application deadline and other rules relating to the taking and retaking | 0008| of licensure examinations; | 0009| (3) shall determine a passing grade for the | 0010| examination; and | 0011| (4) may accept an applicant's examination scores used | 0012| for national certification or other examination approved by the board. | 0013| Section 15. REQUIREMENTS FOR LICENSURE--CLINICAL FELLOW OF SPEECH | 0014| LANGUAGE PATHOLOGY--CLINICAL FELLOW OF AUDIOLOGY.--A license to practice | 0015| as a clinical fellow of speech language pathology or audiology shall be | 0016| issued to any person who files a completed application, passes the | 0017| examination approved by the board prior to or within one year of | 0018| applying for the examination, pays the required fees, provides | 0019| documentation and submits satisfactory evidence that the person: | 0020| A. has met all academic course work and practicum | 0021| requirements for a master's degree in speech language pathology, speech | 0022| pathology, communication disorders or audiology or both for | 0023| certification by a nationally recognized speech language or hearing | 0024| association; | 0025| B. has filed a CFY plan that meets with board approval; | 0001| C. certifies that he has received no reprimands of | 0002| unprofessional conduct or incompetency; | 0003| D. applies for licensure under Section 12 of the Speech | 0004| Language Pathology, Audiology and Hearing Aid Dispensing Practices Act | 0005| after completing the clinical fellowship year; and | 0006| E. has a CFY supervisor who: | 0007| (1) is a speech language pathologist or audiologist | 0008| licensed under the provisions of the Speech Language Pathology, | 0009| Audiology and Hearing Aid Dispensing Practices Act; and | 0010| (2) has registered with the board as a CFY supervisor | 0011| for the clinical fellowship year. | 0012| Section 16. LICENSURE UNDER PRIOR LAWS.--Any license issued in | 0013| accordance with the Speech-Language Pathology and Audiology Act or the | 0014| Hearing Aid Act prior to the effective date of the Speech Language | 0015| Pathology, Audiology and Hearing Aid Dispensing Practices Act shall be | 0016| valid until the expiration date of the license. | 0017| Section 17. HEARING AID DISPENSING TEMPORARY PERMITS--ISSUANCE.-- | 0018| A. Any person who does not meet the requirements for | 0019| licensure without examination as a dispensing audiologist or a | 0020| dispensing otolaryngologist as set forth in Section 13 of the Speech | 0021| Language Pathology, Audiology and Hearing Aid Dispensing Practices Act | 0022| or as a hearing aid dispenser as set forth in Section 14 of that act, | 0023| may apply for a temporary trainee permit. A temporary trainee permit | 0024| shall be issued to a person who: | 0025| (1) has a high school education or the equivalent; | 0001| (2) has identified a sponsor as defined in the Speech | 0002| Language Pathology, Audiology and Hearing Aid Dispensing Practices Act; | 0003| (3) pays an application fee as determined by the | 0004| board; | 0005| (4) has not failed the licensing examination twice | 0006| within a five-year period; and | 0007| (5) certifies that he is not guilty of any of the | 0008| activities listed in Section 21 of the Speech Language Pathology, | 0009| Audiology and Hearing Aid Dispensing Practices Act. | 0010| B. A temporary trainee permit shall: | 0011| (1) be valid for one year from the date of its | 0012| issuance and is nonrenewable for a period of one year following its | 0013| expiration; and | 0014| (2) allow the person to complete a training period. | 0015| C. A person issued a temporary trainee permit may be | 0016| eligible for licensure as a hearing aid dispenser upon: | 0017| (1) the completion of a minimum of three hundred | 0018| twenty hours of training, to be completed within a three-month period | 0019| under the direct supervision of the sponsor; | 0020| (2) the completion of five continuous months of full-time dispensing work during which time all sales are approved by the | 0021| sponsor prior to delivery; and | 0022| (3) the sponsor approving all fittings, adjustments, | 0023| modifications or repairs to hearing aids and earmolds. | 0024| D. A dispensing audiologist, nondispensing audiologist, | 0025| clinical fellow in audiology or otolaryngologist issued a temporary | 0001| trainee permit may be eligible for licensure without examination as a | 0002| hearing aid dispenser upon the sponsor providing direct supervision for | 0003| a minimum of three months of all fittings, adjustments, modifications or | 0004| repairs to hearing aids and earmolds. | 0005| Section 18. SCOPE OF HEARING AID DISPENSING EXAMINATION.--In | 0006| preparing the hearing aid dispensing examination, the board shall use | 0007| tests that demonstrate: | 0008| A. knowledge in the fitting and sale of hearing aids, | 0009| including basic physics of sound, anatomy and physiology of the ear and | 0010| the function of hearing aids; and | 0011| B. proficient use of techniques for the fitting of hearing | 0012| aids, including: | 0013| (1) pure-tone audiometry, including air conduction and | 0014| bone conduction testing; | 0015| (2) live voice or recorded voice speech audiometry, | 0016| including speech reception threshold and speech recognition score tests; | 0017| (3) masking when indicated; | 0018| (4) recording and evaluation of audiograms and speech | 0019| audiometry for determining proper selection and adjustment of hearing | 0020| aids; | 0021| (5) taking earmold impressions; and | 0022| (6) analyzing hearing aid function, modification and | 0023| general service. | 0024| Section 19. LICENSE RENEWAL.-- | 0025| A. Each licensee shall renew his license every year by | 0001| submitting a renewal application, as provided for in the board's | 0002| regulations. The board may require proof of continuing education as a | 0003| requirement for renewal. | 0004| B. A sixty-day grace period shall be allowed to each | 0005| licensee after each licensing period. A license may be renewed during | 0006| the grace period upon payment of a renewal fee and a late fee as | 0007| prescribed by the board. | 0008| C. Any license not renewed by the end of the grace period | 0009| will be considered expired and the licensee shall not be eligible to | 0010| practice within the state until the license is renewed. The board shall | 0011| develop rules regarding requirements for renewal of an expired license | 0012| and may require the licensee to reapply as a new applicant. | 0013| D. Clinical fellow licenses may be renewed for no more than | 0014| three years; provided the clinical fellow has submitted evidence of | 0015| passing a recognized standard national examination in either speech | 0016| language pathology or audiology or both, prior to or within his first | 0017| year of the CFY. The CFY license will not be renewed without evidence | 0018| of passing a recognized standard national examination in either speech | 0019| language pathology or audiology or both. | 0020| E. The board may issue rules providing for inactive status | 0021| of licenses. | 0022| Section 20. FEES.--The board shall establish a schedule of | 0023| reasonable fees for applications, licenses, renewal of licenses, exams, | 0024| penalties and administrative fees. The license and license renewal fees | 0025| shall not exceed: | 0001| A. fifty dollars ($50.00) for hearing aid dispenser trainees | 0002| and clinical fellows; | 0003| B. one hundred dollars ($100) for nondispensing audiologists | 0004| or speech language pathologists; | 0005| C. three hundred dollars ($300) for hearing aid dispensers | 0006| or dispensing audiologists; | 0007| D. two hundred dollars ($200) for examinations; | 0008| E. one hundred dollars ($100) for late renewal fees; and | 0009| F. reasonable administrative fees. | 0010| Section 21. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW.-- | 0011| A. The board may deny, revoke, suspend or impose conditions | 0012| upon any license held or applied for under the Speech Language | 0013| Pathology, Audiology and Hearing Aid Dispensing Practices Act in | 0014| accordance with the procedures set forth in the Uniform Licensing Act | 0015| upon findings by the board that the licensee or applicant: | 0016| (1) is guilty of fraud or deceit in procuring or | 0017| attempting to procure a license; | 0018| (2) has been convicted of a felony. A certified copy | 0019| of the record of conviction shall be conclusive evidence of the | 0020| conviction; | 0021| (3) is guilty of incompetence; | 0022| (4) is guilty of unprofessional conduct; | 0023| (5) is selling or fitting the first hearing aid of any | 0024| child under sixteen years of age who has not been examined and cleared | 0025| for the hearing aid by an otolaryngologist and a dispensing audiologist | 0001| who is certified competent by a nationally recognized speech language or | 0002| hearing association or holds equivalent certification; | 0003| (6) is selling or fitting a hearing aid on any person | 0004| who has not been tested, except for replacement aids; | 0005| (7) uses untruthful or misleading advertising; | 0006| (8) is representing himself as a medical doctor when | 0007| he is not a licensed medical doctor; | 0008| (9) is addicted to the use of habit-forming drugs or | 0009| is addicted to any substance to such a degree as to render him unfit to | 0010| practice as a speech language pathologist, dispensing or nondispensing | 0011| audiologist or hearing aid dispenser; | 0012| (10) is guilty of unprofessional conduct, as defined | 0013| by regulation of the board; | 0014| (11) is guilty of any violation of the Controlled | 0015| Substances Act; | 0016| (12) has violated any provision of the Speech Language | 0017| Pathology, Audiology and Hearing Aid Dispensing Practices Act; | 0018| (13) is guilty of willfully or negligently practicing | 0019| beyond the scope of the Speech Language Pathology, Audiology and Hearing | 0020| Aid Dispensing Practices Act; | 0021| (14) is guilty of aiding or abetting the practice of | 0022| speech language pathology, audiology or hearing aid dispensing by a | 0023| person not licensed by the board; | 0024| (15) is guilty of practicing without a license in | 0025| violation of the Speech Language Pathology, Audiology and Hearing Aid | 0001| Dispensing Practices Act and its regulations; or | 0002| (16) has had a license, certificate or registration to | 0003| practice speech language pathology, audiology or hearing aid dispensing | 0004| revoked, suspended or denied in any jurisdiction, territory or | 0005| possession of the United States or another country for actions of the | 0006| licensee similar to acts described in this section. A certified copy of | 0007| the record of the jurisdiction taking such disciplinary action will be | 0008| conclusive evidence thereof. | 0009| B. Disciplinary proceedings may be initiated by any person | 0010| filing a sworn complaint. Any person filing a sworn complaint shall be | 0011| immune from liability arising out of civil action if the complaint is | 0012| filed in good faith and without actual malice. | 0013| Section 22. PENALTIES.-- | 0014| A. Any person who fails to furnish the board, its | 0015| investigators or representatives with information requested by the board | 0016| is guilty of a misdemeanor and upon conviction shall be punished by a | 0017| fine not to exceed one thousand dollars ($1,000) or by imprisonment for | 0018| a period of one year or both. | 0019| B. Any person who violates any provision of the Speech | 0020| Language Pathology, Audiology and Hearing Aid Dispensing Practices Act | 0021| is guilty of a misdemeanor and upon conviction thereof shall be punished | 0022| by a fine not to exceed one thousand dollars ($1,000) or imprisonment | 0023| for a period of one year or both. | 0024| Section 23. CRIMINAL OFFENDER EMPLOYMENT ACT.--The provisions of | 0025| the Criminal Offender Employment Act shall govern any consideration of | 0001| criminal records required or permitted by the Speech Language Pathology, | 0002| Audiology and Hearing Aid Dispensing Practices Act. | 0003| Section 24. FUND ESTABLISHED.-- | 0004| A. There is created in the state treasury the "speech | 0005| language pathology, audiology and hearing aid dispensing practices board | 0006| fund". | 0007| B. All money received by the board under the Speech Language | 0008| Pathology, Audiology and Hearing Aid Dispensing Practices Act shall be | 0009| deposited with the state treasurer for credit to the speech language | 0010| pathology, audiology and hearing aid dispensing practices board fund. | 0011| The state treasurer shall invest the fund as other state funds are | 0012| invested. All balances in the fund shall remain in the fund and shall | 0013| not revert to the general fund. | 0014| C. Money in the speech language pathology, audiology and | 0015| hearing aid dispensing practices board fund is appropriated to the board | 0016| and shall be used only for the purpose of carrying out the provisions of | 0017| the Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0018| Practices Act. | 0019| Section 25. TERMINATION OF AGENCY LIFE--DELAYED | 0020| REPEAL.--The speech language pathology, audiology and hearing aid | 0021| dispensing practices board is terminated on July 1, 1997, pursuant to | 0022| the Sunset Act. The board shall continue to operate according to the | 0023| provisions of the Speech Language Pathology, Audiology and Hearing Aid | 0024| Dispensing Practices Act until July 1, 1998. Effective July 1, 1998, | 0025| the Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0001| Practices Act is repealed. | 0002| Section 26. TEMPORARY PROVISION--TRANSFER.--On the effective date | 0003| of this act, all fees, money, appropriations, balances and funds | 0004| collected or deposited pursuant to the Speech-Language Pathology and | 0005| Audiology Act and the Hearing Aid Act shall be transferred to the speech | 0006| language pathology, audiology and hearing aid dispensing practices board | 0007| fund. | 0008| Section 27. REPEAL.--Sections 61-14B-1 through 61-14B-17 and 61-24A-1 through 61-24A-21 NMSA 1978 (being Laws 1981, Chapter 249, | 0009| Sections 1 through 16, Laws 1990, Chapter 16, Section 4, Laws 1979, | 0010| Chapter 349, Sections 1 through 15, Laws 1991, Chapter 46, Section 9, | 0011| Laws 1979, Chapter 349, Sections 17 and 18 and Laws 1991, Chapter 46, | 0012| Sections 10 through 12, as amended) are repealed. | 0013| Section 28. EFFECTIVE DATE.--The effective date of the provisions | 0014| of this act is July 1, 1996. | 0015| | 0016| HB | 0017| 363 | 0018| Page  |