SB 358

This bill makes the following changes to the regulation of speech-language

pathologists and audiologists.

Prohibited conduct

.

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