0001| HOUSE BILL 363
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| EDWARD C. SANDOVAL
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO LICENSURE; ENACTING THE SPEECH LANGUAGE PATHOLOGY,
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0013| AUDIOLOGY AND HEARING AID DISPENSING PRACTICES ACT; PROVIDING
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0014| FOR PENALTIES; REPEALING THE SPEECH-LANGUAGE PATHOLOGY AND
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0015| AUDIOLOGY ACT; REPEALING THE HEARING AID ACT; MAKING AN
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0016| APPROPRIATION.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. SHORT TITLE.--This act may be cited as the
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0020| "Speech Language Pathology, Audiology and Hearing Aid Dispensing
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0021| Practices Act".
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0022| Section 2. DEFINITIONS.--As used in the Speech Language
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0023| Pathology, Audiology and Hearing Aid Dispensing Practices Act:
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0024| A. "auditory trainer" means a custom-fitted FM
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0025| amplifying instrument other than a hearing aid designed to
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0001| enhance signal-to-noise ratios;
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0002| B. "audiologist" means a person who engages in the
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0003| practice of audiology, who may or may not dispense hearing aids
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0004| and who meets the qualifications set forth in the Speech
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0005| Language Pathology, Audiology and Hearing Aid Dispensing
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0006| Practices Act;
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0007| C. "board" means the speech language pathology,
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0008| audiology and hearing aid dispensing practices board;
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0009| D. "clinical fellow" means a person who has
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0010| completed all academic course work and practicum requirements
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0011| for a master's degree or the equivalent in speech language
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0012| pathology or audiology or both and engages in the practice of
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0013| speech language pathology or audiology as set forth in the
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0014| provisions of the Speech Language Pathology, Audiology and
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0015| Hearing Aid Dispensing Practices Act;
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0016| E. "clinical fellowship year" or "CFY" means the
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0017| time following the completion of all academic course work and
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0018| practicum requirements for a master's degree in speech language
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0019| pathology or audiology or both, and during which the clinical
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0020| fellow is working towards a certificate of clinical competence
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0021| from a nationally recognized speech language or hearing
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0022| association or the equivalent;
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0023| F. "CFY supervisor" means a person licensed
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0024| pursuant to the provisions of the Speech Language Pathology,
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0025| Audiology and Hearing Aid Dispensing Practices Act who oversees
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0001| the work of a clinical fellow and is so designated in the CFY
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0002| plan that is approved by the board;
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0003| G. "department" means the regulation and licensing
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0004| department;
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0005| H. "dispensing audiologist" means an audiologist who
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0006| practices the dispensing or fitting of hearing aids and
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0007| maintains or occupies a permanent physical business location in
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0008| New Mexico where records can be examined and process can be
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0009| served;
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0010| I. "hearing aid" means any wearable instrument or
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0011| device designed or offered for the purpose of aiding or
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0012| compensating for impaired human hearing and any parts,
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0013| attachments or accessories, including earmolds but excluding
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0014| batteries and cords;
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0015| J. "hearing aid dispenser" means any person other
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0016| than a dispensing audiologist or an otolaryngologist who is
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0017| licensed to sell, fit and service hearing aids under the Speech
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0018| Language Pathology, Audiology and Hearing Aid Dispensing
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0019| Practices Act and maintains or occupies a permanent physical
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0020| business location in New Mexico where records can be examined
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0021| and process can be served;
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0022| K. "nondispensing audiologist" means a person who
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0023| engages in the practice of audiology and who meets the
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0024| qualifications set forth in the Speech Language Pathology,
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0025| Audiology and Hearing Aid Dispensing Practices Act;
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0001| L. "otolaryngologist" means a licensed physician who
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0002| has completed a recognized residency in otolaryngology and is
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0003| certified by the American board of otolaryngology;
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0004| M. "paraprofessional" means a person who provides
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0005| adjunct speech pathology or audiology services under the direct
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0006| supervision of a licensed speech language pathologist or
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0007| audiologist;
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0008| N. "practice of audiology" means the application of
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0009| principles, methods and procedures of measurement, testing,
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0010| appraisal, prognostication, aural rehabilitation, aural
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0011| habilitation, consultation, hearing aid selection and fitting,
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0012| counseling, instruction and research related to hearing and
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0013| disorders of hearing for the purpose of nonmedical diagnosis,
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0014| prevention, identification, amelioration or the modification of
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0015| communicative disorders involving speech, language auditory
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0016| function or other aberrant behavior related to hearing
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0017| disorders;
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0018| O. "practice of speech language pathology" means the
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0019| rendering or offering to render to individuals, groups,
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0020| organizations or the public any service in speech or language
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0021| pathology involving the nonmedical application of principles,
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0022| methods and procedures for the measurement, testing, diagnosis,
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0023| prognostication, counseling and instruction related to the
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0024| development and disorders of speech, fluency, voice, verbal and
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0025| written language, auditory comprehension, cognition, dysphagia,
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0001| oral pharyngeal or laryngeal sensorimotor competencies and
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0002| treatment of persons requiring use of an augmentative
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0003| communication device for the purpose of nonmedical diagnosing,
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0004| preventing, treating and ameliorating such disorders and
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0005| conditions in individuals and groups of individuals;
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0006| P. "speech language pathologist" means a person who
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0007| engages in the practice of speech language pathology and who
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0008| meets the qualifications set forth in the Speech Language
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0009| Pathology, Audiology and Hearing Aid Dispensing Practices Act;
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0010| Q. "sponsor" means an individual who is employed
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0011| full time in the same physical location in New Mexico where the
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0012| trainee is being trained and is:
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0013| (1) a dispensing audiologist licensed under the
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0014| provisions of the Speech Language Pathology, Audiology and
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0015| Hearing Aid Dispensing Practices Act; or
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0016| (2) a hearing aid dispenser licensed under the
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0017| provisions of the Speech Language Pathology, Audiology and
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0018| Hearing Aid Dispensing Practices Act and who has been actively
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0019| engaged in dispensing or fitting hearing aids during three of
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0020| the past five years; and
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0021| R. "trainee" means a person working toward full
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0022| licensure as a hearing aid dealer or fitter under the direct
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0023| supervision of a sponsor.
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0024| Section 3. SCOPE OF PRACTICE--SPEECH LANGUAGE PATHOLOGY.--
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0025| A. The scope of practice for speech language
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0001| pathologists shall include:
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0002| (1) rendering or offering to render
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0003| professional services, including diagnosis, prevention,
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0004| identification, evaluation, consultation, habilitation,
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0005| rehabilitation, instruction, counseling, prognostication,
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0006| training and research to individuals or groups of individuals
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0007| who have or are suspected of having disorders of communication,
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0008| including speech comprehension, voice, fluency, language in all
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0009| its expressive and receptive forms, including oral expression,
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0010| reading, writing and comprehension, oral pharyngeal function,
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0011| oral motor function, dysphagia, functional maintenance therapy
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0012| or cognitive-communicative processes; and
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0013| (2) determining the need for personal
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0014| augmentative and alternative communication systems, computer
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0015| access or assistive technology, recommending such systems, and
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0016| providing set-up, modification, training, trouble-shooting and
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0017| follow-up in the utilization of such systems.
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0018| B. The scope of practice for speech language
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0019| pathologists may include:
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0020| (1) conducting pure-tone air conduction hearing
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0021| screening, tympanometry screening, limited to a pass or fail
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0022| determination, for the purpose of performing a speech and
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0023| language evaluation or for the initial identification of
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0024| individuals with other disorders of communications;
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0025| (2) aural rehabilitation that is defined as
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0001| services and procedures for facilitation of adequate receptive
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0002| and expressive communication in individuals with hearing
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0003| impairment; or
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0004| (3) supervision of graduate students, clinical
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0005| fellows or paraprofessionals.
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0006| Section 4. SCOPE OF PRACTICE--NONDISPENSING
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0007| AUDIOLOGISTS.--
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0008| A. The scope of practice for nondispensing
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0009| audiologists shall include:
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0010| (1) rendering or offering to render
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0011| professional services, including prevention, identification,
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0012| evaluation, consultation, habilitation, rehabilitation,
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0013| instruction and research to individuals who have or are
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0014| suspected of having disorders of hearing or balance;
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0015| (2) making ear impressions or fabrication of
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0016| ear molds for non-amplification purposes;
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0017| (3) cerumen management;
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0018| (4) performance and interpretation of
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0019| behavioral or electrophysiological tests of auditory or
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0020| vestibular function; and
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0021| (5) evaluation and management of tinnitus.
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0022| B. The scope of practice for nondispensing
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0023| audiologists may include:
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0024| (1) consultation regarding noise control and
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0025| hearing conservation, evaluations of environment or equipment,
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0001| including calibration of equipment used in testing auditory
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0002| function and hearing conservation;
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0003| (2) speech or language screening limited to a
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0004| pass or fail determination for the purpose of initial
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0005| identification of individuals with other disorders of
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0006| communication; and
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0007| (3) supervision of graduate students, clinical
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0008| fellows and paraprofessionals.
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0009| Section 5. SCOPE OF PRACTICE--DISPENSING AUDIOLOGISTS.--The scope of practice for dispensing audiologists shall include:
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0010| A. the scope of practice for a nondispensing
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0011| audiologist as specified in Section 4 of the Speech Language
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0012| Pathology, Audiology and Hearing Aid Dispensing Practices Act; B. dispensing of hearing aids and auditory trainers,
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0013| including evaluation, prescription, preparation and
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0014| orientation training for these devices; and
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0015| C. making ear impressions or fabrication of ear
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0016| molds for the purpose of amplification.
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0017| Section 6. SCOPE OF PRACTICE--HEARING AID DISPENSER.--The
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0018| scope of practice of the hearing aid dispenser shall include:
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0019| A. the measurement and evaluation of the sensitivity
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0020| of human hearing by means of appropriate behavioral testing
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0021| equipment for the purpose of amplification;
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0022| B. the otoscopic observation of the outer ear in
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0023| connection with the evaluation of hearing and the fitting of
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0024| hearing aids and for the purpose of referral to other
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0025| professionals;
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0001| C. the fabrication of ear impressions or ear molds
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0002| for the purpose of selecting and fitting hearing aids;
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0003| D. the analysis of hearing aid function by means of
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0004| the appropriate testing equipment;
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0005| E. the selection and fitting of hearing aids with
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0006| appropriate instruction, orientation, counseling and management
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0007| regarding the use and maintenance of these devices; and
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0008| F. the modification and general servicing of hearing
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0009| aids.
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0010| Section 7. LICENSE REQUIRED.--
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0011| A. Unless licensed to practice speech language
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0012| pathology, audiology or hearing aid dispensing under the Speech
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0013| Language Pathology, Audiology and Hearing Aid Dispensing
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0014| Practices Act, no person shall:
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0015| (1) practice as a speech language pathologist,
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0016| audiologist or hearing aid dispenser;
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0017| (2) use the title or represent himself as a
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0018| licensed speech language pathologist, audiologist or hearing aid
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0019| dispenser or use any other title, abbreviation, letters,
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0020| figures, signs or devices that indicate the person is licensed
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0021| to practice as a speech language pathologist, audiologist or
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0022| hearing aid dispenser; or
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0023| (3) advertise, hold out to the public or
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0024| represent in any manner that one is authorized to practice
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0025| speech language pathology, audiology or hearing aid dispensing.
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0001| B. No person shall represent himself to be a speech
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0002| language pathologist or hold out to the public by any means or
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0003| by any service or function perform, directly or indirectly, or
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0004| by using the terms "speech pathology", "speech pathologist",
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0005| "speech therapy", "speech therapist", "speech correction",
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0006| "speech correctionist", "speech clinic", "speech clinician",
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0007| "language pathology", "language pathologist", "voice therapy",
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0008| "voice therapist", "voice pathology", "voice pathologist",
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0009| "logopedics", "logopedist", "communicology", "communicologist",
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0010| "aphasiology", "aphasiologist", "phoniatrist" or "swallowing
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0011| therapist" unless licensed as such under the provisions of the
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0012| Speech Language Pathology, Audiology and Hearing Aid Dispensing
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0013| Practices Act.
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0014| C. No person shall represent himself to be an
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0015| audiologist or hold out to the public by any means, or by any
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0016| service or function perform directly or indirectly, or by using
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0017| the terms "audiology", "audiologist", "audiometry",
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0018| "audiometrist", "audiological", "audiometrics", "hearing
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0019| therapy", "hearing therapist", "hearing clinic", "hearing
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0020| clinician", "hearing center", "hearing aid audiologist" or
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0021| "audioprosthologist" unless licensed as such under the
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0022| provisions of the Speech Language Pathology, Audiology and
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0023| Hearing Aid Dispensing Practices Act.
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0024| D. No person shall represent himself to be a hearing
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0025| aid dispenser or use the terms "hearing aid dealer", "hearing
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0001| aid fitter", "hearing aid sales", "hearing aid center" or
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0002| "hearing aid service center" unless licensed as such under the
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0003| provisions of the Speech Language Pathology, Audiology and
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0004| Hearing Aid Dispensing Practices Act.
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0005| Section 8. EXEMPTIONS.--
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0006| A. Nothing in the Speech Language Pathology,
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0007| Audiology and Hearing Aid Dispensing Practices Act shall be
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0008| construed to prevent qualified members of other recognized
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0009| professions that are licensed, certified or registered under New
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0010| Mexico law or regulation from rendering services within the
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0011| scope of their license, certificate or registration, provided
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0012| they do not represent themselves as holding a license in speech
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0013| language pathology, audiology or hearing aid dispensing.
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0014| B. Any person not meeting the requirements for
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0015| licensure as a speech language pathologist or audiologist under
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0016| the provisions of the Speech Language Pathology, Audiology and
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0017| Hearing Aid Dispensing Practices Act, may practice as a speech
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0018| pathologist or audiologist until July 1, 1997 if:
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0019| (1) he is employed as a speech pathologist or
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0020| audiologist on a waiver license issued by the state department
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0021| of public education prior to the effective date of that act; and
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0022| (2) he is actively seeking the educational
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0023| requirements for licensure under that act.
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0024| C. Nothing in the Speech Language Pathology,
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0025| Audiology and Hearing Aid Dispensing Practices Act prevents
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0001| qualified members of other recognized professional groups, such
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0002| as licensed physicians, dentists or teachers of the deaf, from
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0003| doing appropriate work in the area of communication disorders
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0004| consistent with the standards and ethics of their respective
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0005| professions.
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0006| D. Nothing in the Speech Language Pathology,
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0007| Audiology and Hearing Aid Dispensing Practices Act restricts the
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0008| activities and services of a speech language pathology or
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0009| audiology graduate student at an accredited or approved college
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0010| or university or an approved clinical training facility;
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0011| provided that these activities and services constitute part of
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0012| his supervised course of study and that he is designated as a
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0013| speech language pathology or audiology graduate student or other
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0014| title clearly indicating the training status appropriate to his
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0015| level of training.
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0016| Section 9. BOARD CREATED.--
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0017| A. There is created the "speech language pathology,
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0018| audiology and hearing aid dispensing practices board" that shall
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0019| be administratively attached to the department.
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0020| B. The board shall consist of ten members who have
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0021| been New Mexico residents for at least five years prior to their
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0022| appointment. Among the membership, two members shall be
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0023| licensed speech language pathologists, two members shall be
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0024| licensed audiologists, two members shall be licensed hearing aid
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0025| dispensers, one member shall be a licensed otolaryngologist and
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0001| three members shall represent the public and have no interest,
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0002| direct or indirect, in the profession regulated.
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0003| C. The licensed members of the board shall not hold
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0004| any elected or appointed office in any related professional
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0005| organization.
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0006| Section 10. TERMS--REIMBURSEMENT--MEETINGS.--
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0007| A. Members of the board shall be appointed by the
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0008| governor for staggered terms of three years. Each member shall
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0009| hold office until successors are appointed. Vacancies shall be
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0010| filled for the unexpired term in the same manner as original
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0011| appointments.
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0012| B. A majority of the board members serving
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0013| constitutes a quorum of the board. The board shall meet at
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0014| least once a year and at such other times as it deems necessary.
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0015| C. The board shall elect a chairman and other
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0016| officers as deemed necessary to administer its duties.
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0017| D. No board member shall serve more than two full
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0018| consecutive terms, and any member failing to attend three
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0019| meetings after proper notice shall automatically be recommended
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0020| for removal as a board member, unless excused for reasons set
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0021| forth in board regulations.
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0022| E. Members of the board shall be reimbursed as
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0023| provided in the Per Diem and Mileage Act and shall receive no
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0024| other compensation, perquisite or allowance.
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0025| F. No member of the board shall be liable in a civil
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0001| action for any act performed in good faith in the performance of
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0002| his duties.
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0003| Section 11. BOARD POWERS AND DUTIES.--The board shall:
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0004| A. adopt rules and regulations and establish policy
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0005| necessary to carry out the provisions of the Speech Language
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0006| Pathology, Audiology and Hearing Aid Dispensing Practices Act in
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0007| accordance with the Uniform Licensing Act;
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0008| B. adopt rules implementing continuing education
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0009| requirements;
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0010| C. adopt a code of ethics;
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0011| D. conduct hearings upon charges relating to the
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0012| discipline of licensees, including the denial, suspension or
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0013| revocation of a license in accordance with the Uniform Licensing
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0014| Act;
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0015| E. investigate complaints against licensees by
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0016| issuing investigative subpoenas prior to the issuance of a
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0017| notice of contemplated action;
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0018| F. hire staff as may be necessary to carry out the
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0019| provisions of the Speech Language Pathology, Audiology and
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0020| Hearing Aid Dispensing Practices Act;
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0021| G. establish fees for licensure;
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0022| H. provide for the licensing and renewal of licenses
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0023| of applicants; and
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0024| I. adopt rules that provide for licensure by
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0025| reciprocity, including temporary permits for speech language
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0001| pathologists, audiologists or hearing aid dispensers.
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0002| Section 12. REQUIREMENTS FOR LICENSURE--SPEECH LANGUAGE
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0003| PATHOLOGIST--NONDISPENSING AUDIOLOGIST.--A license to practice
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0004| as a speech language pathologist or a nondispensing audiologist
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0005| shall be issued to any person who files a completed application,
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0006| accompanied by the required fees and documentation, and who
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0007| submits satisfactory evidence that the applicant:
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0008| A. holds at least a master's degree in speech
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0009| pathology, speech language pathology, communication disorders or
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0010| audiology or equivalent degree regardless of degree name, and
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0011| meets the academic requirements for certification by a
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0012| nationally recognized speech language or hearing association;
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0013| B. certifies that he is not guilty of any of the
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0014| activities listed in Section 21 of the Speech Language
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0015| Pathology, Audiology and Hearing Aid Dispensing Practices Act;
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0016| and
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0017| C. currently holds a certificate of clinical
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0018| competence from a nationally recognized speech language or
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0019| hearing association in the area for which he is seeking
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0020| licensure; or
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0021| D. has submitted evidence of having completed the
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0022| current academic, practicum and employment experience
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0023| requirements for a certificate of clinical competence from a
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0024| nationally recognized speech language or hearing association in
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0025| the area for which he is applying for license and has passed a
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0001| recognized standard national examination in either speech
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0002| language pathology or audiology or both and has complied with
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0003| the provisions of Subsection B of this section.
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0004| Section 13. REQUIREMENTS FOR LICENSURE WITHOUT
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0005| EXAMINATION--DISPENSING AUDIOLOGIST--DISPENSING
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0006| OTOLARYNGOLOGIST.--A license to practice as a dispensing
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0007| audiologist or as a dispensing otolaryngologist shall be issued
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0008| without an examination to any person who files a completed
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0009| application, accompanied by the required fees and documentation,
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0010| and who submits satisfactory evidence that the applicant:
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0011| A. is currently certified in audiology by a
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0012| nationally recognized speech language or hearing association or
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0013| meets all the requirements for certification and provides
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0014| evidence satisfactory to the board of experience in the
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0015| dispensing or fitting of hearing aids either in a graduate
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0016| training program or in a work or training experience;
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0017| B. is currently a clinical fellow in audiology and
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0018| provides evidence satisfactory to the board of experience in
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0019| dispensing or fitting hearing aids either in a graduate training
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0020| program or in a work or training experience; or
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0021| C. is an otolaryngologist and provides evidence
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0022| satisfactory to the board of experience in the dispensing or
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0023| fitting of hearing aids; and
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0024| D. certifies that he is not guilty of any of the
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0025| activities listed in Section 21 of the Speech Language
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0001| Pathology, Audiology and Hearing Aid Dispensing Practices Act. Section 14. REQUIREMENTS FOR LICENSURE BY EXAMINATION--HEARING AID DISPENSER.--
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0002| A. A license to practice as a hearing aid dispenser
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0003| shall be issued to any person who files a completed application,
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0004| passes the examination approved by the board, pays the required
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0005| fees and documentation and submits satisfactory evidence that
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0006| the person:
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0007| (1) is a dispensing audiologist, a clinical
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0008| fellow in audiology or an otolaryngologist who does not meet the
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0009| qualifications regarding a dispensing otolaryngologist set forth
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0010| in Section 13 of the Speech Language Pathology, Audiology and
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0011| Hearing Aid Dispensing Practices Act; or
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0012| (2) is a person other than a dispensing
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0013| audiologist, a nondispensing audiologist, a clinical fellow in
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0014| audiology or an otolaryngologist applying for a license under
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0015| the Speech Language Pathology, Audiology and Hearing Aid
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0016| Dispensing Practices Act and who:
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0017| (a) has at least a high school education
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0018| or the equivalent;
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0019| (b) has worked for no less than seven
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0020| months under a training permit; and
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0021| (c) certifies that he is not guilty of
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0022| any of the activities listed in Section 21 of the Speech
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0023| Language Pathology, Audiology and Hearing Aid Dispensing
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0024| Practices Act.
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0025| B. The examination for hearing aid dispenser shall
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0001| be conducted by the board quarterly unless there are no
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0002| applicants for examination.
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0003| C. The board:
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0004| (1) shall provide procedures to assure that
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0005| examinations for licensure are offered as needed;
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0006| (2) shall establish rules regarding the
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0007| examination application deadline and other rules relating to the
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0008| taking and retaking of licensure examinations;
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0009| (3) shall determine a passing grade for the
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0010| examination; and
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0011| (4) may accept an applicant's examination
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0012| scores used for national certification or other examination
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0013| approved by the board.
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0014| Section 15. REQUIREMENTS FOR LICENSURE--CLINICAL FELLOW OF
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0015| SPEECH LANGUAGE PATHOLOGY--CLINICAL FELLOW OF AUDIOLOGY.--A
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0016| license to practice as a clinical fellow of speech language
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0017| pathology or audiology shall be issued to any person who files a
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0018| completed application, passes the examination approved by the
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0019| board prior to or within one year of applying for the
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0020| examination, pays the required fees, provides documentation and
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0021| submits satisfactory evidence that the person:
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0022| A. has met all academic course work and practicum
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0023| requirements for a master's degree in speech language pathology,
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0024| speech pathology, communication disorders or audiology or both
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0025| for certification by a nationally recognized speech language or
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0001| hearing association;
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0002| B. has filed a CFY plan that meets with board
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0003| approval;
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0004| C. certifies that he has received no reprimands of
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0005| unprofessional conduct or incompetency;
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0006| D. applies for licensure under Section 12 of the
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0007| Speech Language Pathology, Audiology and Hearing Aid Dispensing
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0008| Practices Act after completing the clinical fellowship year; and
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0009| E. has a CFY supervisor who:
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0010| (1) is a speech language pathologist or
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0011| audiologist licensed under the provisions of the Speech Language
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0012| Pathology, Audiology and Hearing Aid Dispensing Practices Act;
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0013| and
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0014| (2) has registered with the board as a CFY
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0015| supervisor for the clinical fellowship year.
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0016| Section 16. LICENSURE UNDER PRIOR LAWS.--Any license
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0017| issued in accordance with the Speech-Language Pathology and
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0018| Audiology Act or the Hearing Aid Act prior to the effective date
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0019| of the Speech Language Pathology, Audiology and Hearing Aid
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0020| Dispensing Practices Act shall be valid until the expiration
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0021| date of the license.
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0022| Section 17. HEARING AID DISPENSING TEMPORARY PERMITS--ISSUANCE.--
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0023| A. Any person who does not meet the requirements
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0024| for licensure without examination as a dispensing audiologist or
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0025| a dispensing otolaryngologist as set forth in Section 13 of the
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0001| Speech Language Pathology, Audiology and Hearing Aid Dispensing
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0002| Practices Act or as a hearing aid dispenser as set forth in
|
0003| Section 14 of that act, may apply for a temporary trainee
|
0004| permit. A temporary trainee permit shall be issued to a person
|
0005| who:
|
0006| (1) has a high school education or the
|
0007| equivalent;
|
0008| (2) has identified a sponsor as defined in the
|
0009| Speech Language Pathology, Audiology and Hearing Aid Dispensing
|
0010| Practices Act;
|
0011| (3) pays an application fee as determined by
|
0012| the board;
|
0013| (4) has not failed the licensing examination
|
0014| twice within a five-year period; and
|
0015| (5) certifies that he is not guilty of any of
|
0016| the activities listed in Section 21 of the Speech Language
|
0017| Pathology, Audiology and Hearing Aid Dispensing Practices Act.
|
0018| B. A temporary trainee permit shall:
|
0019| (1) be valid for one year from the date of its
|
0020| issuance and is nonrenewable for a period of one year following
|
0021| its expiration; and
|
0022| (2) allow the person to complete a training
|
0023| period.
|
0024| C. A person issued a temporary trainee permit may be
|
0025| eligible for licensure as a hearing aid dispenser upon:
|
0001| (1) the completion of a minimum of three
|
0002| hundred twenty hours of training, to be completed within a
|
0003| three-month period under the direct supervision of the sponsor;
|
0004| (2) the completion of five continuous months of
|
0005| full-time dispensing work during which time all sales are
|
0006| approved by the sponsor prior to delivery; and
|
0007| (3) the sponsor approving all fittings,
|
0008| adjustments, modifications or repairs to hearing aids and
|
0009| earmolds.
|
0010| D. A dispensing audiologist, nondispensing
|
0011| audiologist, clinical fellow in audiology or otolaryngologist
|
0012| issued a temporary trainee permit may be eligible for licensure
|
0013| without examination as a hearing aid dispenser upon the sponsor
|
0014| providing direct supervision for a minimum of three months of
|
0015| all fittings, adjustments, modifications or repairs to hearing
|
0016| aids and earmolds.
|
0017| Section 18. SCOPE OF HEARING AID DISPENSING EXAMINATION.--In preparing the hearing aid dispensing examination, the board
|
0018| shall use tests that demonstrate:
|
0019| A. knowledge in the fitting and sale of hearing
|
0020| aids, including basic physics of sound, anatomy and physiology
|
0021| of the ear and the function of hearing aids; and
|
0022| B. proficient use of techniques for the fitting of
|
0023| hearing aids, including:
|
0024| (1) pure-tone audiometry, including air
|
0025| conduction and bone conduction testing;
|
0001| (2) live voice or recorded voice speech
|
0002| audiometry, including speech reception threshold and speech
|
0003| recognition score tests;
|
0004| (3) masking when indicated;
|
0005| (4) recording and evaluation of audiograms and
|
0006| speech audiometry for determining proper selection and
|
0007| adjustment of hearing aids;
|
0008| (5) taking earmold impressions; and
|
0009| (6) analyzing hearing aid function,
|
0010| modification and general service.
|
0011| Section 19. LICENSE RENEWAL.--
|
0012| A. Each licensee shall renew his license every year
|
0013| by submitting a renewal application, as provided for in the
|
0014| board's regulations. The board may require proof of continuing
|
0015| education as a requirement for renewal.
|
0016| B. A sixty-day grace period shall be allowed to each
|
0017| licensee after each licensing period. A license may be renewed
|
0018| during the grace period upon payment of a renewal fee and a late
|
0019| fee as prescribed by the board.
|
0020| C. Any license not renewed by the end of the grace
|
0021| period will be considered expired and the licensee shall not be
|
0022| eligible to practice within the state until the license is
|
0023| renewed. The board shall develop rules regarding requirements
|
0024| for renewal of an expired license and may require the licensee
|
0025| to reapply as a new applicant.
|
0001| D. Clinical fellow licenses may be renewed for no
|
0002| more than three years; provided the clinical fellow has
|
0003| submitted evidence of passing a recognized standard national
|
0004| examination in either speech language pathology or audiology or
|
0005| both, prior to or within his first year of the CFY. The CFY
|
0006| license will not be renewed without evidence of passing a
|
0007| recognized standard national examination in either speech
|
0008| language pathology or audiology or both.
|
0009| E. The board may issue rules providing for inactive
|
0010| status of licenses.
|
0011| Section 20. FEES.--The board shall establish a schedule of
|
0012| reasonable fees for applications, licenses, renewal of licenses,
|
0013| exams, penalties and administrative fees. The license and
|
0014| license renewal fees shall not exceed:
|
0015| A. fifty dollars ($50.00) for hearing aid dispenser
|
0016| trainees and clinical fellows;
|
0017| B. one hundred dollars ($100) for nondispensing
|
0018| audiologists or speech language pathologists;
|
0019| C. three hundred dollars ($300) for hearing aid
|
0020| dispensers or dispensing audiologists;
|
0021| D. two hundred dollars ($200) for examinations;
|
0022| E. one hundred dollars ($100) for late renewal fees;
|
0023| and
|
0024| F. reasonable administrative fees.
|
0025| Section 21. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW.-- A. The board may deny, revoke, suspend or impose
|
0001| conditions upon any license held or applied for under the Speech
|
0002| Language Pathology, Audiology and Hearing Aid Dispensing
|
0003| Practices Act in accordance with the procedures set forth in the
|
0004| Uniform Licensing Act upon findings by the board that the
|
0005| licensee or applicant:
|
0006| (1) is guilty of fraud or deceit in procuring or
|
0007| attempting to procure a license;
|
0008| (2) has been convicted of a felony. A certified
|
0009| copy of the record of conviction shall be conclusive evidence of
|
0010| the conviction;
|
0011| (3) is guilty of incompetence;
|
0012| (4) is guilty of unprofessional conduct;
|
0013| (5) is selling or fitting the first hearing aid
|
0014| of any child under sixteen years of age who has not been
|
0015| examined and cleared for the hearing aid by an otolaryngologist
|
0016| and a dispensing audiologist who is certified competent by a
|
0017| nationally recognized speech language or hearing association or
|
0018| holds equivalent certification;
|
0019| (6) is selling or fitting a hearing aid on any
|
0020| person who has not been tested, except for replacement aids;
|
0021| (7) uses untruthful or misleading advertising;
|
0022| (8) is representing himself as a medical doctor
|
0023| when he is not a licensed medical doctor;
|
0024| (9) is addicted to the use of habit-forming
|
0025| drugs or is addicted to any substance to such a degree as to
|
0001| render him unfit to practice as a speech language pathologist,
|
0002| dispensing or nondispensing audiologist or hearing aid
|
0003| dispenser;
|
0004| (10) is guilty of unprofessional conduct, as
|
0005| defined by regulation of the board;
|
0006| (11) is guilty of any violation of the
|
0007| Controlled Substances Act;
|
0008| (12) has violated any provision of the Speech
|
0009| Language Pathology, Audiology and Hearing Aid Dispensing
|
0010| Practices Act;
|
0011| (13) is guilty of willfully or negligently
|
0012| practicing beyond the scope of the Speech Language Pathology,
|
0013| Audiology and Hearing Aid Dispensing Practices Act;
|
0014| (14) is guilty of aiding or abetting the
|
0015| practice of speech language pathology, audiology or hearing aid
|
0016| dispensing by a person not licensed by the board;
|
0017| (15) is guilty of practicing without a license
|
0018| in violation of the Speech Language Pathology, Audiology and
|
0019| Hearing Aid Dispensing Practices Act and its regulations; or
|
0020| (16) has had a license, certificate or
|
0021| registration to practice speech language pathology, audiology or
|
0022| hearing aid dispensing revoked, suspended or denied in any
|
0023| jurisdiction, territory or possession of the United States or
|
0024| another country for actions of the licensee similar to acts
|
0025| described in this section. A certified copy of the record of
|
0001| the jurisdiction taking such disciplinary action will be
|
0002| conclusive evidence thereof.
|
0003| B. Disciplinary proceedings may be initiated by any
|
0004| person filing a sworn complaint. Any person filing a sworn
|
0005| complaint shall be immune from liability arising out of civil
|
0006| action if the complaint is filed in good faith and without
|
0007| actual malice.
|
0008| Section 22. PENALTIES.--
|
0009| A. Any person who fails to furnish the board, its
|
0010| investigators or representatives with information requested by
|
0011| the board is guilty of a misdemeanor and upon conviction shall
|
0012| be punished by a fine not to exceed one thousand dollars
|
0013| ($1,000) or by imprisonment for a period of one year or both.
|
0014| B. Any person who violates any provision of the
|
0015| Speech Language Pathology, Audiology and Hearing Aid Dispensing
|
0016| Practices Act is guilty of a misdemeanor and upon conviction
|
0017| thereof shall be punished by a fine not to exceed one thousand
|
0018| dollars ($1,000) or imprisonment for a period of one year or
|
0019| both.
|
0020| Section 23. CRIMINAL OFFENDER EMPLOYMENT ACT.--The
|
0021| provisions of the Criminal Offender Employment Act shall govern
|
0022| any consideration of criminal records required or permitted by
|
0023| the Speech Language Pathology, Audiology and Hearing Aid
|
0024| Dispensing Practices Act.
|
0025| Section 24. FUND ESTABLISHED.--
|
0001| A. There is created in the state treasury the
|
0002| "speech language pathology, audiology and hearing aid dispensing
|
0003| practices board fund".
|
0004| B. All money received by the board under the Speech
|
0005| Language Pathology, Audiology and Hearing Aid Dispensing
|
0006| Practices Act shall be deposited with the state treasurer for
|
0007| credit to the speech language pathology, audiology and hearing
|
0008| aid dispensing practices board fund. The state treasurer shall
|
0009| invest the fund as other state funds are invested. All balances
|
0010| in the fund shall remain in the fund and shall not revert to the
|
0011| general fund.
|
0012| C. Money in the speech language pathology, audiology
|
0013| and hearing aid dispensing practices board fund is appropriated
|
0014| to the board and shall be used only for the purpose of carrying
|
0015| out the provisions of the Speech Language Pathology, Audiology
|
0016| and Hearing Aid Dispensing Practices Act.
|
0017| Section 25. TERMINATION OF AGENCY LIFE--DELAYED
|
0018| REPEAL.--The speech language pathology, audiology and hearing
|
0019| aid dispensing practices board is terminated on July 1, 1997,
|
0020| pursuant to the Sunset Act. The board shall continue to operate
|
0021| according to the provisions of the Speech Language Pathology,
|
0022| Audiology and Hearing Aid Dispensing Practices Act until July 1,
|
0023| 1998. Effective July 1, 1998, the Speech Language Pathology,
|
0024| Audiology and Hearing Aid Dispensing Practices Act is repealed.
|
0025| Section 26. TEMPORARY PROVISION--TRANSFER.--On the
|
0001| effective date of this act, all fees, money, appropriations,
|
0002| balances and funds collected or deposited pursuant to the
|
0003| Speech-Language Pathology and Audiology Act and the Hearing Aid
|
0004| Act shall be transferred to the speech language pathology,
|
0005| audiology and hearing aid dispensing practices board fund.
|
0006| Section 27. REPEAL.--Sections 61-14B-1 through 61-14B-17
|
0007| and 61-24A-1 through 61-24A-21 NMSA 1978 (being Laws 1981,
|
0008| Chapter 249, Sections 1 through 16, Laws 1990, Chapter 16,
|
0009| Section 4, Laws 1979, Chapter 349, Sections 1 through 15, Laws
|
0010| 1991, Chapter 46, Section 9, Laws 1979, Chapter 349, Sections 17
|
0011| and 18 and Laws 1991, Chapter 46, Sections 10 through 12, as
|
0012| amended) are repealed.
|
0013| Section 28. EFFECTIVE DATE.--The effective date of the
|
0014| provisions of this act is July 1, 1996.
|
0015| - -
|
0016| State of New Mexico
|
0017| House of Representatives
|
0018|
|
0019| FORTY-SECOND LEGISLATURE
|
0020| SECOND SESSION, 1996
|
0021|
|
0022|
|
0023| February 6, 1996
|
0024|
|
0025|
|
0001| Mr. Speaker:
|
0002|
|
0003| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
|
0004| been referred
|
0005|
|
0006| HOUSE BILL 363
|
0007|
|
0008| has had it under consideration and reports same with
|
0009| recommendation that it DO PASS, and thence referred to the
|
0010| APPROPRIATIONS AND FINANCE COMMITTEE.
|
0011|
|
0012| Respectfully submitted,
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| Fred Luna, Chairman
|
0018|
|
0019|
|
0020| Adopted Not Adopted
|
0021|
|
0022| (Chief Clerk) (Chief Clerk)
|
0023|
|
0024| Date
|
0025|
|
0001| The roll call vote was 7 For 0 Against
|
0002| Yes: 7
|
0003| Excused: Gurule, Hobbs, Olguin, Varela, Rodella
|
0004| Absent: None
|
0005|
|
0006|
|
0007|
|
0008| HO363BI1 State of New Mexico
|
0009| House of Representatives
|
0010|
|
0011| FORTY-SECOND LEGISLATURE
|
0012| SECOND SESSION, 1996
|
0013|
|
0014|
|
0015| February 8, 1996
|
0016|
|
0017|
|
0018| Mr. Speaker:
|
0019|
|
0020| Your APPROPRIATIONS AND FINANCE COMMITTEE, to
|
0021| whom has been referred
|
0022|
|
0023| HOUSE BILL 363
|
0024|
|
0025| has had it under consideration and reports same with
|
0001| recommendation that it DO PASS.
|
0002|
|
0003| Respectfully submitted,
|
0004|
|
0005|
|
0006|
|
0007|
|
0008| Max Coll, Chairman
|
0009|
|
0010|
|
0011| Adopted Not Adopted
|
0012|
|
0013| (Chief Clerk) (Chief Clerk)
|
0014|
|
0015| Date
|
0016|
|
0017| The roll call vote was 10 For 0 Against
|
0018| Yes: 10
|
0019| Excused: Bird, Buffett, Coll, Gentry, Martinez, Salazar, Varela,
|
0020| Watchman
|
0021| Absent: none
|
0022|
|
0023|
|
0024|
|
0025| H0363AF1
|
0001|
|
0002| FORTY-SECOND LEGISLATURE
|
0003| SECOND SESSION, 1996
|
0004|
|
0005|
|
0006| February 12, 1996
|
0007|
|
0008| Mr. President:
|
0009|
|
0010| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
|
0011| referred
|
0012|
|
0013| HOUSE BILL 363
|
0014|
|
0015| has had it under consideration and reports same with
|
0016| recommendation that it DO PASS.
|
0017|
|
0018| Respectfully submitted,
|
0019|
|
0020|
|
0021|
|
0022| __________________________________
|
0023| Shannon Robinson, Chairman
|
0024|
|
0025|
|
0001|
|
0002| Adopted_______________________ Not Adopted_______________________
|
0003| (Chief Clerk) (Chief Clerk)
|
0004|
|
0005|
|
0006|
|
0007| Date ________________________
|
0008|
|
0009|
|
0010| The roll call vote was 5 For 0 Against
|
0011| Yes: 5
|
0012| No: 0
|
0013| Excused: E. Jennings, Smith, Garcia
|
0014| Absent: None
|
0015|
|
0016|
|
0017| H0363PA1
|
0018|
|