Creating new grounds for discipline of hearing instrument specialists, audiologists, and speech-language pathologists, changing licensing requirements for audiologists, and granting rule-making authority

1.

Deceptive advertising . Under current law, the Hearing and Speech Examining Board (board) in the Department of Regulation and Licensing (department) may reprimand the holder of a license or permit issued by the board or revoke, suspend, limit, or deny a license or permit if the holder or applicant engages in certain prohibited conduct, including false, misleading, or deceptive advertising. The bill prohibits deceptive advertising instead of false, misleading, or deceptive advertising. In addition, the bill creates a definition for "deceptive advertising," which includes creating or using promotional literature, testimonials, insignia, or other representation which is misleading, false, or untruthful.

2.

Misrepresentation . The bill prohibits the holder of a license or permit from making an intentional or negligent representation regarding a hearing aid or services. The bill also prohibits the holder of a license or permit from misusing words that imply the involvement of the medical or audiology professions when there is no such involvement. Finally, the bill prohibits a hearing instrument specialist from intentionally or negligently misrepresenting the cause of a hearing impairment, or the cure of a hearing impairment by the use of a hearing aid.

Audiologist license . Under current law, a person seeking an audiologist license must have received a master's degree in audiology or completed education or training that the board determines is substantially equivalent. The person must also complete a postgraduate clinical fellowship in audiology approved by the board or substantially equivalent education or training. The person must also pass an examination required for certification by the American Speech-Language-Hearing Association or a substantially equivalent exam, as well as practical techniques tests administered by the board. The board may grant a license to practice audiology to a person who holds a current audiologist license in another state or United States territory if the board determines that the requirements for licensure are substantially equivalent to the requirements in this state.

With certain exceptions, the bill changes the requirements for audiologist licensure effective January 1, 2010. Beginning on that date, to obtain an audiologist license a person must do all of the following:

1. Either possess a doctoral degree in audiology or submit evidence of substantially equivalent education or training. The doctoral degree program must consist of not less than three years of educational course work and not less than 12 months of clinical rotation or externship.

2. Pass an exam selected or approved by the board as well as practical techniques tests administered by the board. The bill requires the board to select and approve examinations for audiology by rule. The bill authorizes the board to grant a license to practice audiology to a person who holds a current audiologist license in another state or United States territory if the applicant received a masters degree in audiology or completed education or training that the board determines is substantially equivalent and the board determines that the requirements for licensure are substantially equivalent to the requirements in this state.

Temporary license to practice audiology . Under current law, the board may grant a temporary license to practice audiology to a person who is completing a postgraduate fellowship if the person practices under the supervision of a licensed audiologist and satisfies other requirements. The bill eliminates temporary licensure for a person completing a postgraduate fellowship effective January 1, 2010. The bill permits the board to grant a temporary license to practice audiology to a person who satisfies all the requirements for licensure but who has not completed the practical techniques tests administered by the board.

Other changes . Under current law, a corporation or mercantile establishment that sells or offers to sell hearing aids must employ a person licensed by the department as a hearing aid specialist or licensed or permitted by the board to practice audiology. The corporation or mercantile establishment must annually file with the board a list of persons employed to sell or fit hearing aids. This bill eliminates the annual filing requirement.

Under current law, persons who use audiometric equipment to evaluate hearing sensitivity for the fitting and sale of hearing aids must periodically calibrate the equipment and send certification of the calibration to the board. This bill eliminates the requirement that a certificate of calibration be sent to the board.

Under current law, a Council on Speech Language Pathology and Audiology (council) in the department serves the board in an advisory capacity. This bill eliminates the council.