Current Status Introducing Body:Senate Bill Number:1063 Ratification Number:365 Act Number:337 Primary Sponsor:Bryan Type of Legislation:GB Subject:Hearing aid specialists Companion Bill Number:4467 Date Bill Passed both Bodies:19940331 Computer Document Number:PT/22355DW.94 Governor's Action:S Date of Governor's Action:19940420 Introduced Date:19940119 Date of Last Amendment:19940301 Last History Body:------ Last History Date:19940420 Last History Type:Act No. 337 Scope of Legislation:Statewide All Sponsors:Bryan Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
1063 ------ 19940420 Act No. 337
1063 ------ 19940420 Signed by Governor
1063 ------ 19940414 Ratified R 365
1063 House 19940331 Read third time, enrolled for
ratification
1063 House 19940330 Read second time, unanimous
consent for third reading on
next Legislative day
1063 House 19940303 Introduced, read first time,
placed on Calendar without
reference
1063 Senate 19940302 Read third time, sent to House
1063 Senate 19940301 Amended, read second time
1063 Senate 19940224 Committee Report: Favorable 13
with amendment
1063 Senate 19940119 Introduced, read first time, 13
referred to Committee
View additional legislative information at the LPITS web site.
(A337, R365, S1063)
AN ACT TO AMEND SECTIONS 40-25-30, 40-25-40, AND 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS AND LICENSED AUDIOLOGISTS WHO ARE LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, ADD AS A DUTY OF THE COMMISSION THE POWER TO APPOINT MEMBERS WHO ARE NOT AUDIOLOGISTS TO CONDUCT AND SUPERVISE THE WRITTEN AND PRACTICAL EXAMINATIONS, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, CHANGE THE COMPOSITION OF THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.
Whereas, it is the intent of the General Assembly that the amendments to Act 312 of 1992, as contained in this act, be construed to give a hearing aid specialist the right to test human hearing to determine the need for the use of a hearing aid. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Duties
SECTION 1. Section 40-25-30(8) of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:
"(8) enforce this chapter;"
Membership of commission
SECTION 2. Section 40-25-40(B)(1) of the 1976 Code, as last amended by Act 313 of 1992, is further amended to read:
"(1) Members of the commission must be residents of the State. The commission consists of:
(a) five licensed hearing aid specialists, and each must be a principal dealer of a different manufacturer's hearing aid who are not audiologists;
(b) one otolaryngologist;
(c) one representative of the general public who is a user of a hearing aid, is not associated with a hearing aid specialist or manufacturer, and is not a member of the other groups or professions required to be represented on the commission;
(d) the State Health Officer or his designee."
Inapplicability of chapter
SECTION 3. Section 40-25-80(A)(2) of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:
"(2) apply to a physician or audiologist licensed to practice in South Carolina;"
Qualifying examination
SECTION 4. Section 40-25-110 of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:
"Section 40-25-110. (A) An applicant may obtain a license by successfully passing a qualifying examination if he:
(1) is at least twenty-one years of age;
(2) has an education equivalent to a four-year course in an accredited high school.
(B) (Reserved)
(C) An applicant for license by examination shall appear at a time, place, and before persons the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to engage in the practice of specializing in hearing aids. The examination administered as directed by the department constituting standards for licensing must not be conducted so that college training is required to pass the examination. Nothing in this examination may imply that the applicant possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission.
(D) The department shall give examinations at least once a year."
Duties
SECTION 5. Section 40-25-30 of the 1976 Code, as last amended by Act 312 of 1992, is further amended by adding an appropriately numbered item to read:
"( ) appoint members of the commission and other individuals who are not audiologists to conduct and supervise the written and practical examinations;"
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 20th day of April, 1994.