Current StatusView additional legislative information at the LPITS web site.Bill Number: 871 Ratification Number: 512 Act Number 411 Introducing Body: Senate Subject: Relating to the definitions of speech pathologists and audiologists, to persons exempt from licensure, to the State Board of Examiners in Speech Pathology and Audiology, its membership, duties and license fee charges, and to the waiver of qualification requirements of licensees
(A411, R512, S871)
AN ACT TO AMEND SECTIONS 40-67-20, 40-67-50, 40-67-60, 40-67-70, 40-67-80, 40-67-90, AND 40-67-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF SPEECH PATHOLOGISTS AND AUDIOLOGISTS, TO PERSONS EXEMPT FROM LICENSURE, TO THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, ITS MEMBERSHIP, DUTIES AND LICENSE FEE CHARGES, AND TO THE WAIVER OF QUALIFICATION REQUIREMENTS OF LICENSEES, SO AS TO EXEMPT PERSONS EMPLOYED BY A POLITICAL SUBDIVISION OF THE STATE; REMOVE REDUNDANT EXEMPTIONS; DELETE OBSOLETE PROVISIONS, THE REQUIREMENT THAT LICENSEES BE OF GOOD MORAL CHARACTER, EVIDENCE OF COMPLETION OF A CERTAIN AMOUNT OF CLINICAL PRACTICE AND A REQUIRED APPROVED AMOUNT OF PROFESSIONAL EMPLOYMENT, SUBMISSION OF TRANSCRIPTS FROM COLLEGES OR UNIVERSITIES OR EVIDENCE OF COMPLETION OF CERTAIN COURSES AND SUBSTITUTION THAT LICENSEES PRESENT EVIDENCE OF COMPLETION OF A PROGRAM OF APPROVED STUDIES; TO ESTABLISH TERMS AND PROVIDE FOR FILLING OF VACANCIES; TO DELETE PROVISIONS CONCERNING THE DISTRIBUTON OF REGULATIONS; AND TO PROVIDE THAT THE BOARD SHALL LEVY FEES AND ASSESSMENTS IN AN AMOUNT EQUAL TO THE APPROPRIATIONS MADE TO IT AND REAUTHORIZE ITS EXISTENCE; AND TO REPEAL SECTIONS 40-67-110, 40-67-130 AND 40-67-190, RELATING TO THE DISPOSITION AND EXPENDITURE OF FUNDS RECEIVED BY THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, EXAMINATIONS GIVEN BY IT AND IN APPLICABILITY OF CHAPTER 67 OF TITLE 40 TO THE TREATMENT OF DYSLEXIA.
Be it enacted by the General Assembly of the State of South Carolina:
Eligible for licensure
Section 1. Section 40-67-60 of the 1976 Code is amended to read:
"Section 40-67-60. To be eligible for licensure by the Board as a speech pathologist or audiologist the applicant shall:
(A) Possess at least a master's degree in speech pathology or audiology, or qualifications deemed equivalent by the board under regulations duly adopted pursuant to this chapter.
Such degree or equivalent qualifications shall be obtained from educational institutions approved by the board.
(B) Present evidence of the completion of a program of studies either approved by a national accrediting organization recognized by the board, or determined by the board to be equivalent.
(C) Pass an examination approved by the board. The board shall determine the subject and scope of the examinations. Written examinations may be supplemented by such oral examinations as the board shall determine. The board shall keep a transcript of any oral examination as part of its records for at least one year following the date of the examination.
Applicants shall pay to the board, at least thirty days prior to the date of examination, a nonrefundable examination fee prescribed by the board. An applicant who fails the examination may be reexamined at a subsequent examination upon payment of another examination fee."
Composition of board
Section 2. Section 40-67-80 of the 1976 Code is amended to read:
"Section 40-67-80. The board shall consist of six members: two speech pathologists, two audiologists, one otolaryngologist and one lay member. Each speech pathologist, audiologist, and the otolaryngologist must hold active and valid licenses in this State. All members shall be appointed by the Governor. Nominations for appointment to the board shall be received by the Governor from any group, individual or association. Terms shall be for four years and until a successor has been appointed and qualifies. No member may succeed himself. The South Carolina Speech and Hearing Association must submit lists of nominations consisting of four names for each board position."
Board to estabish fees and assessments
Section 3. Section 40-67-150 of the 1976 Code, as last amended by Act 78 of 1981, is further amended to read:
"Section 40-67-150. The board shall establish by regulation all fees and assessments. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other board source or activity must be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the general fund of the State. All assessments, fees or licenses must be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board, plus any additional funds allocated by the Budget and Control Board for implementation of the state's personnel compensation plan.
Any person, otherwise qualified and certified by the board, not in the active practice of audiology or speech pathology, may register for a nonactive certificate upon payment of an annual fee."
Board reauthorized
Section 4. In accordance with the provisions of Section 7 of Act 608 of 1978, the existence of the State Board of Examiners in Speech Pathology and Audiology is reauthorized for six years.
Definition
Section 5. Subsection (C) of Section 40-67-20 of the 1976 Code is amended by striking on lines five and six "but shall not include dyslexia". When amended the subsection shall read:
"(C) 'Speech pathologist' means any person who evaluates, tests, examines, treats, or counsels persons regarding a speech or language disorder. Speech and language disorders shall include any and all conditions, whether of organic or nonorganic origin, which impede the normal process of human communication.
A person represents himself to be a speech pathologist when he holds himself out to the public by any title or description of services incorporating the words 'speech pathologist', 'speech pathology', 'speech therapy', 'speech correction', 'speech correctionist', 'speech therapist', 'speech clinic', 'speech clinician', 'language pathology', 'language pathologist', 'logopedics', 'logopedist', 'communicology', 'communicologist', 'communication disorders', 'aphasiologist', 'voice therapy', 'voice therapist', 'voice pathology', 'voice pathologist', 'voxologist', 'language therapist', 'phoniatrist', or any similar titles."
Definition
Section 6. Subsection (E) of Section 40-67-20 of the 1976 Code is amended by adding at the end "A person represents himself to be an audiologist when he holds himself out to the public by any title or description of services which incorporates the words 'audiologist' or 'audiology' or similar titles." When amended subsection (E) shall read:
"(E) 'Audiologist' means any person holding a master's degree or doctor's degree in audiology. A person represents himself to be an audiologist when he holds himself out to the public by any title or description of services which incorporates the words 'audiologist' or 'audiology' or similar titles."
Chapter not applicable to certain individuals
Section 7. Section 40-67-50 of the 1976 Code is amended to read:
"Section 40-67-50. The provisions of this chapter shall not apply to :
(A) Any qualified person licensed in this State under any other law, while that person is engaged in the practice, as defined by state law, of the profession or business for which he is licensed.
(B) The activities, services, and use of an official title on the part of a person in the employ of a federal or state agency, or a political subdivision of the State, as such services are part of the duties of his office or position with such agency.
(C) The activities and services of a student fellow, trainee, or intern in audiology or speech pathology pursuing a course of study at an accredited university or college or working in a recognized training center if these activities and services constitute a part of his course of study under a supervisor licensed in audiology or speech pathology.
(D) Those persons who are licensed by the State to commercially fit and sell hearing aids, provided such persons perform only those tests necessary for purposes of hearing aid fitting and counseling.
(E) No one shall be exempt under subsection (B) above for that portion of his time spent as a private practitioner. If he performs any work as an audiologist or speech pathologist for which a fee may be paid by recipient of the service, or as part of a private practice apart from his position with the government agency, a license must be acquired prior to performing such services.
(F) Persons who hold a valid and current credential as a teacher of the deaf as certified by the Conference of Executives of American Schools for the Deaf, and do not otherwise advertise and render speech pathology and audiology services as defined in Section 4067-20, subsections (E) and (F).
(G) The provisions of this chapter do not apply to registered nurses and licensed practical nurses or other certified technicians trained to perform audiometric screening tests in industrial operations and whose work is under the supervision of a company physician, otological consultant, or licensed audiologist."
Board may waive examination
Section 8. Section 40-67-70 of the 1976 Code is amended to read:
"Section 40-67-70. (A) The board may waive the examination and educational requirements and grant a license to those applicants who:
(1) Present proof of current licensure in a state which has standards equivalent to those of this State, as determined by the board, or
(2) Hold the certificate of clinical competence of the American Speech, Language, and Hearing Association in the area for which he is applying for licensure.
(B) The board may provide a provisional license to persons who have completed academic requirements specified in this chapter and are working toward fulfilling the professional experience requirement established by the board pursuant to Section 40-67-60, subsection (B). This provisional license may be renewed for a period of one additional year at the discretion of the board. A provisional license may also be issued to those persons who have requested a waiver under subsection (A), item (1), of this section."
Duties of board
Section 9. Section 40-67-90 of the 1976 Code is amended by striking "rules and" on line seven and by striking "Copies of all regulations shall be furnished to the chairman of the Senate Medical Affairs Committee and the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives when filed with the Secretary of State." on lines nine, ten, eleven, twelve, and thirteen. When amended the section shall read:
"Section 40-67-90. The board shall administer, coordinate, and enforce the provisions of this chapter, evaluate the qualifications of applicants, supervise the examination of applicants and may issue subpoenas, examine witnesses, and administer oaths and shall investigate persons engaging in practices which violate the provisions of this chapter.
The board shall adopt regulations not inconsistent with the provisions of this chapter, including regulations which establish ethical standards of practice.
Regular meetings of the board shall be held at such times and places as the board shall determine and special meetings may be held upon call of the chairman. At least one regular meeting shall be held each year.
Every registered audiologist and speech pathologist commencing to practice shall notify the board of his office address and shall annually, before April first, pay to the board a license fee. They shall promptly notify the board of any changes of address and shall furnish such other information to the board as it may require. The board may suspend the authority of any registered audiologist or speech pathologist to practice for failure to comply with any of the above requirements. The board shall publish, annually. complete lists of the names and office addresses of all audiologists and speech pathologists registered and practicing in the State."
Present board members to serve until successors appointed and qualify
Section 10. Present board members shall serve until their successors have been appointed and qualify.
Repeal
Section 11. Sections 40-67-110, 40-67-130, and 40-67-190 of the 1976 Code are repealed.
Time effective
Section 12. This act shall take effect upon the approval by the Governor.