| 1 | | - | Assembly Bill No. 2686 CHAPTER 415 An act to amend Sections 2530.2, 2530.5, 2530.6, 2531, 2531.1, 2531.75, 2532.25, 2532.8, 2533, 2533.1, 2533.4, 2534.2, 2538.3, and 2539.1 of, to amend the heading of Chapter 5.3 (commencing with Section 2530) of Division 2 of, to amend the heading of Article 4 (commencing with Section 2533) of Chapter 5.3 of Division 2 of, to add Sections 2530.7 and 2533.6 to, and to repeal Section 2531.05 of, the Business and Professions Code, relating to healing arts. [ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ] LEGISLATIVE COUNSEL'S DIGESTAB 2686, Berman. Speech-language pathologists, audiologists, and hearing aid dispensers.Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2023, establishes the Speech-Language Pathology Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law provides for the appointment of members of the board by specified appointing authorities, and, until January 1, 2023, authorizes the board to appoint an executive officer. Existing law authorizes an appointing authority to remove from office at any time any member of a board appointed by the appointing authority for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law makes a violation of the act a misdemeanor.This bill would extend the operation of the board and the authorization to appoint an executive officer until January 1, 2027, and would authorize an appointing authority to remove from office at any time any member of the board appointed by that appointing authority. The bill would specify that, in addition to the enforcement and administration of the act, the board is vested with other regulatory duties of the act. The bill would require an applicant, registrant, or licensee under the act who has an email address to provide it to the board no later than July 1, 2023. By expanding the scope of a crime, the bill would impose a state-mandated local program.Existing law establishes the Hearing Aid Dispensing Committee, comprised of 5 members, within the jurisdiction of the board.This bill would abolish the committee.Existing law defines audiology aide to mean any person meeting the minimum requirements established by the board. Existing law prohibits an audiology aide from performing any function that constitutes the practice of audiology unless they are under the supervision of an audiologist.This bill would delete that prohibition and would instead define audiology aide to mean any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist.Existing law requires speech-language pathologists and audiologists supervising speech-language pathology or audiology aides to register with the board the name of each person working under their supervision.This bill would make speech-language pathology and audiology aide registrations expire every 2 years and would require the board to establish a renewal fee in an amount not to exceed $30. The bill would require the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide to, at the time of renewal, update the board on the duties the aide performs and the training program and assessment methods the supervisor is using.Existing law requires an applicant for licensure as an audiologist to submit evidence of satisfactory completion of supervised clinical practice under the direction of an educational institution approved by the board and satisfactory completion of supervised professional experience following completion of the didactic and clinical rotation requirements of an audiology doctoral program.This bill would require the clinical practice to be under the direction of an audiology doctoral program at an educational institution approved by the board, and would delete the requirement that supervised professional experience follow completion of the didactic and clinical rotation requirements of the audiology doctoral program.Existing law requires the board to deem a person who holds a Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met specified educational and experience requirements for licensure as a speech-language pathologist or audiologist.This bill would make that requirement applicable only to licensure as a speech-language-pathologist and effective only until January 1, 2027, and would instead require the board, until January 1, 2027, to deem a person who holds either a valid Certification of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met specified educational and experience requirements for licensure as an audiologist.Existing law lists various reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon the license of any licensee, including incompetence, gross negligence, or repeated negligent acts.This bill would add specified reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon a license, including for a disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. The bill would authorize a person whose license has been revoked, suspended, or who has been placed on probation to petition the board for reinstatement or modification of penalty after a specified minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action in accordance with specified procedural and other requirements.Existing law provides that a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction for specified provisions of the act.This bill would also make that provision applicable to hearing aid dispensers. The bill would also make various other conforming and technical changes to the act, including updating cross-references and deleting an obsolete provision.This bill would incorporate additional changes to Section 2530.2 of the Business and Professions Code proposed by SB 1453 to be operative only if this bill and SB 1453 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code is amended to read: CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid DispensersSEC. 2. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal.SEC. 2.5. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g).(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(A) A clinic, as defined in Section 1200 of the Health and Safety Code.(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.(C) A health facility, as defined in Section 1250 of the Health and Safety Code.(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal.SEC. 3. Section 2530.5 of the Business and Professions Code is amended to read:2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon.(b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California.(c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties.(d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training.(e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training.(f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision.(g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel.(h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter.(i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision.SEC. 4. Section 2530.6 of the Business and Professions Code is amended to read:2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.(b) The number of aides who may be supervised by a licensee shall be determined by the board.(c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements.(d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535).(e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency.SEC. 5. Section 2530.7 is added to the Business and Professions Code, to read:2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure.(b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred.(c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board.(d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser.SEC. 6. Section 2531 of the Business and Professions Code is amended to read:2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 7. Section 2531.05 of the Business and Professions Code is repealed.SEC. 8. Section 2531.1 of the Business and Professions Code is amended to read:2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms.(b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).(1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.(2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years.(3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years.(4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years.(c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.(d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority.SEC. 9. Section 2531.75 of the Business and Professions Code is amended to read:2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 10. Section 2532.25 of the Business and Professions Code is amended to read:2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008.(b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following:(1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board.(2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board.(3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter.(c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008.SEC. 11. Section 2532.8 of the Business and Professions Code is amended to read:2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2.(b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned.SEC. 12. The heading of Article 4 (commencing with Section 2533) of Chapter 5.3 of Division 2 of the Business and Professions Code is amended to read: Article 4. Denial, Suspension, Revocation, and ProbationSEC. 13. Section 2533 of the Business and Professions Code is amended to read:2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.(b) Securing a license by fraud or deceit.(c) (1) The use or administering to themselves of any controlled substance.(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.(4) Any combination of paragraph (1), (2), or (3).The record of the conviction shall be conclusive evidence of unprofessional conduct.(d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.(g) Incompetence, gross negligence, or repeated negligent acts.(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.(i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law.(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.(k) Any cause that would be grounds for denial of an application for a license.(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter.SEC. 14. Section 2533.1 of the Business and Professions Code is amended to read:2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.SEC. 15. Section 2533.4 of the Business and Professions Code is amended to read:2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.SEC. 16. Section 2533.6 is added to the Business and Professions Code, to read:2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.(2) The board is conducting an investigation of the petitioner while they are on probation.(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.(4) The petitioners probation with the board is currently tolled.(h) Nothing in this section shall be deemed to alter Sections 822 and 823. SEC. 17. Section 2534.2 of the Business and Professions Code is amended to read:2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule:(a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1).(2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter.(b) The delinquency fee shall be twenty-five dollars ($25).(c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75).(d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30).(e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant.(f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board.(g) The duplicate wall certificate fee is twenty-five dollars ($25).(h) The duplicate renewal receipt fee is twenty-five dollars ($25).(i) The application fee and renewal fee for a temporary license is thirty dollars ($30).(j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25).SEC. 18. Section 2538.3 of the Business and Professions Code is amended to read:2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study.SEC. 19. Section 2539.1 of the Business and Professions Code is amended to read:2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so.(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.(d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered.SEC. 20. Section 2.5 of this bill incorporates amendments to Section 2530.2 of the Business and Professions Code proposed by both this bill and Senate Bill 1453. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 2530.2 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1453, in which case Section 2 of this bill shall not become operative.SEC. 21. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 22. The Legislature finds and declares that Section 5 of this act, which adds Section 2530.7 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The act balances the publics right of access to records of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board with the need to protect the privacy of applicants, registrants, and licensees. |
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| 1 | + | Enrolled September 02, 2022 Passed IN Senate August 30, 2022 Passed IN Assembly August 31, 2022 Amended IN Senate August 24, 2022 Amended IN Senate August 16, 2022 Amended IN Senate June 29, 2022 Amended IN Assembly April 27, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2686Introduced by Assembly Member Berman(Principal coauthor: Senator Roth)(Coauthors: Assembly Members Alvarez, Mia Bonta, Chen, Cunningham, Megan Dahle, Flora, Fong, Gipson, Grayson, Irwin, Lee, McCarty, McKinnor, Medina, Salas, Ting, and Akilah Weber)February 18, 2022 An act to amend Sections 2530.2, 2530.5, 2530.6, 2531, 2531.1, 2531.75, 2532.25, 2532.8, 2533, 2533.1, 2533.4, 2534.2, 2538.3, and 2539.1 of, to amend the heading of Chapter 5.3 (commencing with Section 2530) of Division 2 of, to amend the heading of Article 4 (commencing with Section 2533) of Chapter 5.3 of Division 2 of, to add Sections 2530.7 and 2533.6 to, and to repeal Section 2531.05 of, the Business and Professions Code, relating to healing arts. LEGISLATIVE COUNSEL'S DIGESTAB 2686, Berman. Speech-language pathologists, audiologists, and hearing aid dispensers.Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2023, establishes the Speech-Language Pathology Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law provides for the appointment of members of the board by specified appointing authorities, and, until January 1, 2023, authorizes the board to appoint an executive officer. Existing law authorizes an appointing authority to remove from office at any time any member of a board appointed by the appointing authority for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law makes a violation of the act a misdemeanor.This bill would extend the operation of the board and the authorization to appoint an executive officer until January 1, 2027, and would authorize an appointing authority to remove from office at any time any member of the board appointed by that appointing authority. The bill would specify that, in addition to the enforcement and administration of the act, the board is vested with other regulatory duties of the act. The bill would require an applicant, registrant, or licensee under the act who has an email address to provide it to the board no later than July 1, 2023. By expanding the scope of a crime, the bill would impose a state-mandated local program.Existing law establishes the Hearing Aid Dispensing Committee, comprised of 5 members, within the jurisdiction of the board.This bill would abolish the committee.Existing law defines audiology aide to mean any person meeting the minimum requirements established by the board. Existing law prohibits an audiology aide from performing any function that constitutes the practice of audiology unless they are under the supervision of an audiologist.This bill would delete that prohibition and would instead define audiology aide to mean any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist.Existing law requires speech-language pathologists and audiologists supervising speech-language pathology or audiology aides to register with the board the name of each person working under their supervision.This bill would make speech-language pathology and audiology aide registrations expire every 2 years and would require the board to establish a renewal fee in an amount not to exceed $30. The bill would require the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide to, at the time of renewal, update the board on the duties the aide performs and the training program and assessment methods the supervisor is using.Existing law requires an applicant for licensure as an audiologist to submit evidence of satisfactory completion of supervised clinical practice under the direction of an educational institution approved by the board and satisfactory completion of supervised professional experience following completion of the didactic and clinical rotation requirements of an audiology doctoral program.This bill would require the clinical practice to be under the direction of an audiology doctoral program at an educational institution approved by the board, and would delete the requirement that supervised professional experience follow completion of the didactic and clinical rotation requirements of the audiology doctoral program.Existing law requires the board to deem a person who holds a Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met specified educational and experience requirements for licensure as a speech-language pathologist or audiologist.This bill would make that requirement applicable only to licensure as a speech-language-pathologist and effective only until January 1, 2027, and would instead require the board, until January 1, 2027, to deem a person who holds either a valid Certification of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met specified educational and experience requirements for licensure as an audiologist.Existing law lists various reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon the license of any licensee, including incompetence, gross negligence, or repeated negligent acts.This bill would add specified reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon a license, including for a disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. The bill would authorize a person whose license has been revoked, suspended, or who has been placed on probation to petition the board for reinstatement or modification of penalty after a specified minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action in accordance with specified procedural and other requirements.Existing law provides that a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction for specified provisions of the act.This bill would also make that provision applicable to hearing aid dispensers. The bill would also make various other conforming and technical changes to the act, including updating cross-references and deleting an obsolete provision.This bill would incorporate additional changes to Section 2530.2 of the Business and Professions Code proposed by SB 1453 to be operative only if this bill and SB 1453 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The heading of Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code is amended to read: CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid DispensersSEC. 2. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal.SEC. 2.5. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g).(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(A) A clinic, as defined in Section 1200 of the Health and Safety Code.(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.(C) A health facility, as defined in Section 1250 of the Health and Safety Code.(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal.SEC. 3. Section 2530.5 of the Business and Professions Code is amended to read:2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon.(b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California.(c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties.(d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training.(e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training.(f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision.(g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel.(h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter.(i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision.SEC. 4. Section 2530.6 of the Business and Professions Code is amended to read:2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.(b) The number of aides who may be supervised by a licensee shall be determined by the board.(c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements.(d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535).(e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency.SEC. 5. Section 2530.7 is added to the Business and Professions Code, to read:2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure.(b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred.(c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board.(d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser.SEC. 6. Section 2531 of the Business and Professions Code is amended to read:2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 7. Section 2531.05 of the Business and Professions Code is repealed.SEC. 8. Section 2531.1 of the Business and Professions Code is amended to read:2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms.(b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).(1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.(2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years.(3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years.(4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years.(c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.(d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority.SEC. 9. Section 2531.75 of the Business and Professions Code is amended to read:2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 10. Section 2532.25 of the Business and Professions Code is amended to read:2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008.(b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following:(1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board.(2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board.(3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter.(c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008.SEC. 11. Section 2532.8 of the Business and Professions Code is amended to read:2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2.(b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned.SEC. 12. The heading of Article 4 (commencing with Section 2533) of Chapter 5.3 of Division 2 of the Business and Professions Code is amended to read: Article 4. Denial, Suspension, Revocation, and ProbationSEC. 13. Section 2533 of the Business and Professions Code is amended to read:2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.(b) Securing a license by fraud or deceit.(c) (1) The use or administering to themselves of any controlled substance.(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.(4) Any combination of paragraph (1), (2), or (3).The record of the conviction shall be conclusive evidence of unprofessional conduct.(d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.(g) Incompetence, gross negligence, or repeated negligent acts.(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.(i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law.(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.(k) Any cause that would be grounds for denial of an application for a license.(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter.SEC. 14. Section 2533.1 of the Business and Professions Code is amended to read:2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.SEC. 15. Section 2533.4 of the Business and Professions Code is amended to read:2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.SEC. 16. Section 2533.6 is added to the Business and Professions Code, to read:2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.(2) The board is conducting an investigation of the petitioner while they are on probation.(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.(4) The petitioners probation with the board is currently tolled.(h) Nothing in this section shall be deemed to alter Sections 822 and 823. SEC. 17. Section 2534.2 of the Business and Professions Code is amended to read:2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule:(a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1).(2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter.(b) The delinquency fee shall be twenty-five dollars ($25).(c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75).(d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30).(e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant.(f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board.(g) The duplicate wall certificate fee is twenty-five dollars ($25).(h) The duplicate renewal receipt fee is twenty-five dollars ($25).(i) The application fee and renewal fee for a temporary license is thirty dollars ($30).(j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25).SEC. 18. Section 2538.3 of the Business and Professions Code is amended to read:2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study.SEC. 19. Section 2539.1 of the Business and Professions Code is amended to read:2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so.(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.(d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered.SEC. 20. Section 2.5 of this bill incorporates amendments to Section 2530.2 of the Business and Professions Code proposed by both this bill and Senate Bill 1453. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 2530.2 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1453, in which case Section 2 of this bill shall not become operative.SEC. 21. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 22. The Legislature finds and declares that Section 5 of this act, which adds Section 2530.7 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The act balances the publics right of access to records of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board with the need to protect the privacy of applicants, registrants, and licensees. |
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| 14 | 27 | | |
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| 15 | 28 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 29 | | |
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| 17 | 30 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 31 | | |
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| 19 | 32 | | AB 2686, Berman. Speech-language pathologists, audiologists, and hearing aid dispensers. |
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| 20 | 33 | | |
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| 21 | 34 | | Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2023, establishes the Speech-Language Pathology Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law provides for the appointment of members of the board by specified appointing authorities, and, until January 1, 2023, authorizes the board to appoint an executive officer. Existing law authorizes an appointing authority to remove from office at any time any member of a board appointed by the appointing authority for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law makes a violation of the act a misdemeanor.This bill would extend the operation of the board and the authorization to appoint an executive officer until January 1, 2027, and would authorize an appointing authority to remove from office at any time any member of the board appointed by that appointing authority. The bill would specify that, in addition to the enforcement and administration of the act, the board is vested with other regulatory duties of the act. The bill would require an applicant, registrant, or licensee under the act who has an email address to provide it to the board no later than July 1, 2023. By expanding the scope of a crime, the bill would impose a state-mandated local program.Existing law establishes the Hearing Aid Dispensing Committee, comprised of 5 members, within the jurisdiction of the board.This bill would abolish the committee.Existing law defines audiology aide to mean any person meeting the minimum requirements established by the board. Existing law prohibits an audiology aide from performing any function that constitutes the practice of audiology unless they are under the supervision of an audiologist.This bill would delete that prohibition and would instead define audiology aide to mean any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist.Existing law requires speech-language pathologists and audiologists supervising speech-language pathology or audiology aides to register with the board the name of each person working under their supervision.This bill would make speech-language pathology and audiology aide registrations expire every 2 years and would require the board to establish a renewal fee in an amount not to exceed $30. The bill would require the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide to, at the time of renewal, update the board on the duties the aide performs and the training program and assessment methods the supervisor is using.Existing law requires an applicant for licensure as an audiologist to submit evidence of satisfactory completion of supervised clinical practice under the direction of an educational institution approved by the board and satisfactory completion of supervised professional experience following completion of the didactic and clinical rotation requirements of an audiology doctoral program.This bill would require the clinical practice to be under the direction of an audiology doctoral program at an educational institution approved by the board, and would delete the requirement that supervised professional experience follow completion of the didactic and clinical rotation requirements of the audiology doctoral program.Existing law requires the board to deem a person who holds a Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met specified educational and experience requirements for licensure as a speech-language pathologist or audiologist.This bill would make that requirement applicable only to licensure as a speech-language-pathologist and effective only until January 1, 2027, and would instead require the board, until January 1, 2027, to deem a person who holds either a valid Certification of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met specified educational and experience requirements for licensure as an audiologist.Existing law lists various reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon the license of any licensee, including incompetence, gross negligence, or repeated negligent acts.This bill would add specified reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon a license, including for a disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. The bill would authorize a person whose license has been revoked, suspended, or who has been placed on probation to petition the board for reinstatement or modification of penalty after a specified minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action in accordance with specified procedural and other requirements.Existing law provides that a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction for specified provisions of the act.This bill would also make that provision applicable to hearing aid dispensers. The bill would also make various other conforming and technical changes to the act, including updating cross-references and deleting an obsolete provision.This bill would incorporate additional changes to Section 2530.2 of the Business and Professions Code proposed by SB 1453 to be operative only if this bill and SB 1453 are enacted and this bill is enacted last.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect. |
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| 22 | 35 | | |
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| 23 | 36 | | Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, until January 1, 2023, establishes the Speech-Language Pathology Audiology and Hearing Aid Dispensers Board within the Department of Consumer Affairs for the licensure and regulation of speech-language pathologists, speech-language pathology aides, speech language pathology assistants, audiologists, dispensing audiologists, and hearing aid dispensers. Existing law provides for the appointment of members of the board by specified appointing authorities, and, until January 1, 2023, authorizes the board to appoint an executive officer. Existing law authorizes an appointing authority to remove from office at any time any member of a board appointed by the appointing authority for continued neglect of duties, incompetence, or unprofessional or dishonorable conduct. Existing law makes a violation of the act a misdemeanor. |
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| 24 | 37 | | |
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| 25 | 38 | | This bill would extend the operation of the board and the authorization to appoint an executive officer until January 1, 2027, and would authorize an appointing authority to remove from office at any time any member of the board appointed by that appointing authority. The bill would specify that, in addition to the enforcement and administration of the act, the board is vested with other regulatory duties of the act. The bill would require an applicant, registrant, or licensee under the act who has an email address to provide it to the board no later than July 1, 2023. By expanding the scope of a crime, the bill would impose a state-mandated local program. |
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| 26 | 39 | | |
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| 27 | 40 | | Existing law establishes the Hearing Aid Dispensing Committee, comprised of 5 members, within the jurisdiction of the board. |
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| 28 | 41 | | |
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| 29 | 42 | | This bill would abolish the committee. |
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| 30 | 43 | | |
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| 31 | 44 | | Existing law defines audiology aide to mean any person meeting the minimum requirements established by the board. Existing law prohibits an audiology aide from performing any function that constitutes the practice of audiology unless they are under the supervision of an audiologist. |
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| 32 | 45 | | |
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| 33 | 46 | | This bill would delete that prohibition and would instead define audiology aide to mean any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. |
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| 34 | 47 | | |
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| 35 | 48 | | Existing law requires speech-language pathologists and audiologists supervising speech-language pathology or audiology aides to register with the board the name of each person working under their supervision. |
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| 36 | 49 | | |
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| 37 | 50 | | This bill would make speech-language pathology and audiology aide registrations expire every 2 years and would require the board to establish a renewal fee in an amount not to exceed $30. The bill would require the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide to, at the time of renewal, update the board on the duties the aide performs and the training program and assessment methods the supervisor is using. |
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| 38 | 51 | | |
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| 39 | 52 | | Existing law requires an applicant for licensure as an audiologist to submit evidence of satisfactory completion of supervised clinical practice under the direction of an educational institution approved by the board and satisfactory completion of supervised professional experience following completion of the didactic and clinical rotation requirements of an audiology doctoral program. |
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| 40 | 53 | | |
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| 41 | 54 | | This bill would require the clinical practice to be under the direction of an audiology doctoral program at an educational institution approved by the board, and would delete the requirement that supervised professional experience follow completion of the didactic and clinical rotation requirements of the audiology doctoral program. |
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| 42 | 55 | | |
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| 43 | 56 | | Existing law requires the board to deem a person who holds a Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met specified educational and experience requirements for licensure as a speech-language pathologist or audiologist. |
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| 44 | 57 | | |
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| 45 | 58 | | This bill would make that requirement applicable only to licensure as a speech-language-pathologist and effective only until January 1, 2027, and would instead require the board, until January 1, 2027, to deem a person who holds either a valid Certification of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met specified educational and experience requirements for licensure as an audiologist. |
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| 46 | 59 | | |
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| 47 | 60 | | Existing law lists various reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon the license of any licensee, including incompetence, gross negligence, or repeated negligent acts. |
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| 48 | 61 | | |
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| 49 | 62 | | This bill would add specified reasons for which the board is authorized to suspend, revoke, or impose terms and conditions upon a license, including for a disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. The bill would authorize a person whose license has been revoked, suspended, or who has been placed on probation to petition the board for reinstatement or modification of penalty after a specified minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action in accordance with specified procedural and other requirements. |
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| 50 | 63 | | |
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| 51 | 64 | | Existing law provides that a plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist is deemed to be a conviction for specified provisions of the act. |
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| 52 | 65 | | |
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| 53 | 66 | | This bill would also make that provision applicable to hearing aid dispensers. The bill would also make various other conforming and technical changes to the act, including updating cross-references and deleting an obsolete provision. |
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| 54 | 67 | | |
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| 55 | 68 | | This bill would incorporate additional changes to Section 2530.2 of the Business and Professions Code proposed by SB 1453 to be operative only if this bill and SB 1453 are enacted and this bill is enacted last. |
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| 56 | 69 | | |
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| 57 | 70 | | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. |
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| 58 | 71 | | |
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| 59 | 72 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 60 | 73 | | |
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| 61 | 74 | | Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. |
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| 62 | 75 | | |
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| 63 | 76 | | This bill would make legislative findings to that effect. |
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| 64 | 77 | | |
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| 65 | 78 | | ## Digest Key |
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| 66 | 79 | | |
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| 67 | 80 | | ## Bill Text |
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| 68 | 81 | | |
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| 69 | 82 | | The people of the State of California do enact as follows:SECTION 1. The heading of Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code is amended to read: CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid DispensersSEC. 2. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal.SEC. 2.5. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g).(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(A) A clinic, as defined in Section 1200 of the Health and Safety Code.(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.(C) A health facility, as defined in Section 1250 of the Health and Safety Code.(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal.SEC. 3. Section 2530.5 of the Business and Professions Code is amended to read:2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon.(b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California.(c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties.(d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training.(e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training.(f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision.(g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel.(h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter.(i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision.SEC. 4. Section 2530.6 of the Business and Professions Code is amended to read:2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.(b) The number of aides who may be supervised by a licensee shall be determined by the board.(c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements.(d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535).(e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency.SEC. 5. Section 2530.7 is added to the Business and Professions Code, to read:2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure.(b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred.(c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board.(d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser.SEC. 6. Section 2531 of the Business and Professions Code is amended to read:2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.SEC. 7. Section 2531.05 of the Business and Professions Code is repealed.SEC. 8. Section 2531.1 of the Business and Professions Code is amended to read:2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms.(b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).(1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.(2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years.(3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years.(4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years.(c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.(d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority.SEC. 9. Section 2531.75 of the Business and Professions Code is amended to read:2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.SEC. 10. Section 2532.25 of the Business and Professions Code is amended to read:2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008.(b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following:(1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board.(2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board.(3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter.(c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008.SEC. 11. Section 2532.8 of the Business and Professions Code is amended to read:2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2.(b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned.SEC. 12. The heading of Article 4 (commencing with Section 2533) of Chapter 5.3 of Division 2 of the Business and Professions Code is amended to read: Article 4. Denial, Suspension, Revocation, and ProbationSEC. 13. Section 2533 of the Business and Professions Code is amended to read:2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.(b) Securing a license by fraud or deceit.(c) (1) The use or administering to themselves of any controlled substance.(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.(4) Any combination of paragraph (1), (2), or (3).The record of the conviction shall be conclusive evidence of unprofessional conduct.(d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.(g) Incompetence, gross negligence, or repeated negligent acts.(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.(i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law.(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.(k) Any cause that would be grounds for denial of an application for a license.(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter.SEC. 14. Section 2533.1 of the Business and Professions Code is amended to read:2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.SEC. 15. Section 2533.4 of the Business and Professions Code is amended to read:2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.SEC. 16. Section 2533.6 is added to the Business and Professions Code, to read:2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.(2) The board is conducting an investigation of the petitioner while they are on probation.(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.(4) The petitioners probation with the board is currently tolled.(h) Nothing in this section shall be deemed to alter Sections 822 and 823. SEC. 17. Section 2534.2 of the Business and Professions Code is amended to read:2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule:(a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1).(2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter.(b) The delinquency fee shall be twenty-five dollars ($25).(c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75).(d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30).(e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant.(f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board.(g) The duplicate wall certificate fee is twenty-five dollars ($25).(h) The duplicate renewal receipt fee is twenty-five dollars ($25).(i) The application fee and renewal fee for a temporary license is thirty dollars ($30).(j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25).SEC. 18. Section 2538.3 of the Business and Professions Code is amended to read:2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study.SEC. 19. Section 2539.1 of the Business and Professions Code is amended to read:2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so.(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.(d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered.SEC. 20. Section 2.5 of this bill incorporates amendments to Section 2530.2 of the Business and Professions Code proposed by both this bill and Senate Bill 1453. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 2530.2 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1453, in which case Section 2 of this bill shall not become operative.SEC. 21. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SEC. 22. The Legislature finds and declares that Section 5 of this act, which adds Section 2530.7 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The act balances the publics right of access to records of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board with the need to protect the privacy of applicants, registrants, and licensees. |
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| 70 | 83 | | |
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| 71 | 84 | | The people of the State of California do enact as follows: |
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| 72 | 85 | | |
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| 73 | 86 | | ## The people of the State of California do enact as follows: |
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| 74 | 87 | | |
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| 75 | 88 | | SECTION 1. The heading of Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code is amended to read: CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers |
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| 76 | 89 | | |
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| 77 | 90 | | SECTION 1. The heading of Chapter 5.3 (commencing with Section 2530) of Division 2 of the Business and Professions Code is amended to read: |
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| 78 | 91 | | |
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| 79 | 92 | | ### SECTION 1. |
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| 80 | 93 | | |
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| 81 | 94 | | CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers |
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| 82 | 95 | | |
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| 83 | 96 | | CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers |
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| 84 | 97 | | |
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| 85 | 98 | | CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers |
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| 86 | 99 | | |
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| 87 | 100 | | CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers |
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| 88 | 101 | | |
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| 89 | 102 | | SEC. 2. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 90 | 103 | | |
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| 91 | 104 | | SEC. 2. Section 2530.2 of the Business and Professions Code is amended to read: |
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| 92 | 105 | | |
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| 93 | 106 | | ### SEC. 2. |
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| 94 | 107 | | |
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| 95 | 108 | | 2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 96 | 109 | | |
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| 97 | 110 | | 2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 98 | 111 | | |
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| 99 | 112 | | 2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy.(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon.(g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 100 | 113 | | |
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| 101 | 114 | | |
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| 102 | 115 | | |
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| 103 | 116 | | 2530.2. As used in this chapter, unless the context otherwise requires: |
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| 104 | 117 | | |
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| 105 | 118 | | (a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. |
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| 106 | 119 | | |
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| 107 | 120 | | (b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. |
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| 108 | 121 | | |
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| 109 | 122 | | (c) A speech-language pathologist is a person who practices speech-language pathology. |
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| 110 | 123 | | |
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| 111 | 124 | | (d) The practice of speech-language pathology means all of the following: |
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| 112 | 125 | | |
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| 113 | 126 | | (1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing. |
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| 114 | 127 | | |
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| 115 | 128 | | (2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals. |
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| 116 | 129 | | |
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| 117 | 130 | | (3) Conducting hearing screenings. |
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| 118 | 131 | | |
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| 119 | 132 | | (4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures. |
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| 120 | 133 | | |
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| 121 | 134 | | (e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. |
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| 122 | 135 | | |
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| 123 | 136 | | (2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon. |
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| 124 | 137 | | |
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| 125 | 138 | | (f) A licensed speech-language pathologist shall not perform a flexible fiber optic nasendoscopic procedure unless they have received written verification from an otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 flexible fiber optic nasendoscopic procedures and they are competent to perform these procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist shall pass a flexible fiber optic nasendoscopic instrument only under the direct authorization of an otolaryngologist certified by the American Board of Otolaryngology and the supervision of a physician and surgeon. |
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| 126 | 139 | | |
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| 127 | 140 | | (g) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in a setting that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available. |
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| 128 | 141 | | |
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| 129 | 142 | | (h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist. |
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| 130 | 143 | | |
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| 131 | 144 | | (i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. |
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| 132 | 145 | | |
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| 133 | 146 | | (2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5. |
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| 134 | 147 | | |
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| 135 | 148 | | (j) An audiologist is one who practices audiology. |
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| 136 | 149 | | |
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| 137 | 150 | | (k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids. |
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| 138 | 151 | | |
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| 139 | 152 | | (l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license. |
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| 140 | 153 | | |
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| 141 | 154 | | (m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions. |
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| 142 | 155 | | |
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| 143 | 156 | | (n) Medical board means the Medical Board of California. |
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| 144 | 157 | | |
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| 145 | 158 | | (o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation. |
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| 146 | 159 | | |
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| 147 | 160 | | (p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following: |
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| 148 | 161 | | |
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| 149 | 162 | | (1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision. |
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| 150 | 163 | | |
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| 151 | 164 | | (2) Approval by the supervising physician of the written standardized protocol. |
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| 152 | 165 | | |
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| 153 | 166 | | (3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal. |
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| 154 | 167 | | |
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| 155 | 168 | | (4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 156 | 169 | | |
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| 157 | 170 | | SEC. 2.5. Section 2530.2 of the Business and Professions Code is amended to read:2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g).(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(A) A clinic, as defined in Section 1200 of the Health and Safety Code.(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.(C) A health facility, as defined in Section 1250 of the Health and Safety Code.(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 158 | 171 | | |
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| 159 | 172 | | SEC. 2.5. Section 2530.2 of the Business and Professions Code is amended to read: |
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| 160 | 173 | | |
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| 161 | 174 | | ### SEC. 2.5. |
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| 162 | 175 | | |
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| 163 | 176 | | 2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g).(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(A) A clinic, as defined in Section 1200 of the Health and Safety Code.(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.(C) A health facility, as defined in Section 1250 of the Health and Safety Code.(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 164 | 177 | | |
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| 165 | 178 | | 2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g).(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(A) A clinic, as defined in Section 1200 of the Health and Safety Code.(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.(C) A health facility, as defined in Section 1250 of the Health and Safety Code.(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 166 | 179 | | |
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| 167 | 180 | | 2530.2. As used in this chapter, unless the context otherwise requires:(a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.(b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter.(c) A speech-language pathologist is a person who practices speech-language pathology.(d) The practice of speech-language pathology means all of the following:(1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing.(2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals.(3) Conducting hearing screenings.(4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures.(e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2).(2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon.(f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g).(g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available.(A) A clinic, as defined in Section 1200 of the Health and Safety Code.(B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code.(C) A health facility, as defined in Section 1250 of the Health and Safety Code.(D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code.(E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services.(2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination.(h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist.(i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant.(2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5.(j) An audiologist is one who practices audiology.(k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids.(l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license.(m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions.(n) Medical board means the Medical Board of California.(o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation.(p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following:(1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision.(2) Approval by the supervising physician of the written standardized protocol.(3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal.(4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 168 | 181 | | |
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| 169 | 182 | | |
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| 170 | 183 | | |
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| 171 | 184 | | 2530.2. As used in this chapter, unless the context otherwise requires: |
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| 172 | 185 | | |
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| 173 | 186 | | (a) Board means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. |
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| 174 | 187 | | |
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| 175 | 188 | | (b) Person means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. |
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| 176 | 189 | | |
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| 177 | 190 | | (c) A speech-language pathologist is a person who practices speech-language pathology. |
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| 178 | 191 | | |
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| 179 | 192 | | (d) The practice of speech-language pathology means all of the following: |
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| 180 | 193 | | |
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| 181 | 194 | | (1) The application of principles, methods, instrumental procedures, and noninstrumental procedures for measurement, testing, screening, evaluation, identification, prediction, and counseling related to the development and disorders of speech, voice, language, or swallowing. |
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| 182 | 195 | | |
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| 183 | 196 | | (2) The application of principles and methods for preventing, planning, directing, conducting, and supervising programs for habilitating, rehabilitating, ameliorating, managing, or modifying disorders of speech, voice, language, or swallowing in individuals or groups of individuals. |
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| 184 | 197 | | |
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| 185 | 198 | | (3) Conducting hearing screenings. |
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| 186 | 199 | | |
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| 187 | 200 | | (4) Performing suctioning in connection with the scope of practice described in paragraphs (1) and (2), after compliance with a medical facilitys training protocols on suctioning procedures. |
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| 188 | 201 | | |
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| 189 | 202 | | (e) (1) Instrumental procedures referred to in subdivision (d) are the use of rigid and flexible endoscopes to observe the pharyngeal and laryngeal areas of the throat in order to observe, collect data, and measure the parameters of communication and swallowing as well as to guide communication and swallowing assessment and therapy. Passage of these instruments without the presence of a physician and surgeon is subject to paragraph (2). |
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| 190 | 203 | | |
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| 191 | 204 | | (2) Nothing in this subdivision shall be construed as a diagnosis. Any observation of an abnormality shall be referred to a physician and surgeon. |
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| 192 | 205 | | |
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| 193 | 206 | | (f) A licensed speech-language pathologist shall not perform a flexible fiber optic transnasal endoscopic procedure unless they have received written verification from one otolaryngologist certified by the American Board of Otolaryngology that the speech-language pathologist has performed a minimum of 25 supervised flexible fiber optic transnasal endoscopic procedures and they are competent to perform these procedures. Of these 25 procedures, the first 10 procedures shall be supervised by a licensed physician and surgeon who performs nasal endoscopy as part of their practice and the subsequent 15 procedures shall be supervised by either a licensed physician and surgeon who performs nasal endoscopy as part of their practice or by another licensed speech-language pathologist that is verified as competent in performing flexible fiber optic transnasal endoscopic procedures. The speech-language pathologist shall have this written verification on file and readily available for inspection upon request by the board. A speech-language pathologist with a verification on file shall pass a flexible fiber optic transnasal endoscopic instrument only upon the orders of a licensed physician and surgeon. The order by physician and surgeon is deemed to allow a speech-language pathologist with verification, in accordance with this paragraph, to perform fiber optic transnasal endoscopic procedures at a location based on the patients medical needs that complies with procedures specified in paragraph (1) of subdivision (g). |
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| 194 | 207 | | |
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| 195 | 208 | | (g) (1) A licensed speech-language pathologist shall only perform flexible endoscopic procedures described in subdivision (e) in the following settings that requires the facility to have protocols for emergency medical backup procedures, including a physician and surgeon or other appropriate medical professionals being readily available. |
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| 196 | 209 | | |
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| 197 | 210 | | (A) A clinic, as defined in Section 1200 of the Health and Safety Code. |
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| 198 | 211 | | |
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| 199 | 212 | | (B) A facility described in Chapter 2.5 (commencing with Section 1440) of Division 2 of the Health and Safety Code. |
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| 200 | 213 | | |
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| 201 | 214 | | (C) A health facility, as defined in Section 1250 of the Health and Safety Code. |
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| 202 | 215 | | |
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| 203 | 216 | | (D) A hospice facility licensed pursuant to Chapter 8.5 (commencing with Section 1745) of Division 2 of the Health and Safety Code. |
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| 204 | 217 | | |
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| 205 | 218 | | (E) A medical group practice, including a professional medical corporation, as defined in Section 2406, another form of corporation controlled by physicians and surgeons, a medical partnership, a medical foundation exempt from licensure, or another lawfully organized group of physicians and surgeons that provides health care services. |
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| 206 | 219 | | |
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| 207 | 220 | | (2) A licensed speech-language pathologist performing flexible fiber optic transnasal endoscopic procedures on patients who have contraindications to the procedure shall consult and document clearance with the physician and surgeon that the licensed speech-language pathologist can safely perform the procedure. For purposes of this paragraph, contraindications for these procedures may include, but are not limited to, cases of bilateral obstruction of nasal passages, refractory epistaxis, cardiac disorder with acute risk of vasovagal episode and bradycardia, history of vasovagal episodes, facial trauma, recent trauma to the nasal cavity, or surrounding tissue and structures secondary to surgery or injury, severe bleeding disorders, severe movement disorders, severe agitation, and inability to cooperate with the examination. |
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| 208 | 221 | | |
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| 209 | 222 | | (h) Speech-language pathology aide means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist. |
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| 210 | 223 | | |
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| 211 | 224 | | (i) (1) Speech-language pathology assistant means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. |
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| 212 | 225 | | |
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| 213 | 226 | | (2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a clear credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5. |
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| 214 | 227 | | |
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| 215 | 228 | | (j) An audiologist is one who practices audiology. |
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| 216 | 229 | | |
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| 217 | 230 | | (k) The practice of audiology means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, and instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior, or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures, including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading, and the selling of hearing aids. |
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| 218 | 231 | | |
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| 219 | 232 | | (l) A dispensing audiologist is a person who is authorized to sell hearing aids pursuant to their audiology license. |
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| 220 | 233 | | |
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| 221 | 234 | | (m) Audiology aide means any person meeting the minimum requirements established by the board who works directly under the supervision of an audiologist. The board may by regulation exempt certain functions performed by an industrial audiology aide from supervision provided that their employer has established a set of procedures or protocols that the aide shall follow in performing these functions. |
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| 222 | 235 | | |
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| 223 | 236 | | (n) Medical board means the Medical Board of California. |
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| 224 | 237 | | |
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| 225 | 238 | | (o) A hearing screening performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation. |
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| 226 | 239 | | |
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| 227 | 240 | | (p) Cerumen removal means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following: |
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| 228 | 241 | | |
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| 229 | 242 | | (1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision. |
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| 230 | 243 | | |
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| 231 | 244 | | (2) Approval by the supervising physician of the written standardized protocol. |
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| 232 | 245 | | |
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| 233 | 246 | | (3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal. |
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| 234 | 247 | | |
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| 235 | 248 | | (4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. |
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| 236 | 249 | | |
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| 237 | 250 | | SEC. 3. Section 2530.5 of the Business and Professions Code is amended to read:2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon.(b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California.(c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties.(d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training.(e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training.(f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision.(g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel.(h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter.(i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision. |
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| 238 | 251 | | |
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| 239 | 252 | | SEC. 3. Section 2530.5 of the Business and Professions Code is amended to read: |
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| 240 | 253 | | |
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| 241 | 254 | | ### SEC. 3. |
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| 242 | 255 | | |
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| 243 | 256 | | 2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon.(b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California.(c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties.(d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training.(e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training.(f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision.(g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel.(h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter.(i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision. |
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| 244 | 257 | | |
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| 245 | 258 | | 2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon.(b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California.(c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties.(d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training.(e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training.(f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision.(g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel.(h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter.(i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision. |
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| 246 | 259 | | |
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| 247 | 260 | | 2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon.(b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California.(c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties.(d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training.(e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training.(f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision.(g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel.(h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter.(i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision. |
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| 248 | 261 | | |
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| 249 | 262 | | |
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| 250 | 263 | | |
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| 251 | 264 | | 2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon. |
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| 252 | 265 | | |
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| 253 | 266 | | (b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California. |
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| 254 | 267 | | |
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| 255 | 268 | | (c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary, or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool, elementary, or secondary school by which they are employed for the performance of their official duties. |
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| 256 | 269 | | |
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| 257 | 270 | | (d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as speech-language pathology intern, speech-language pathology trainee, or other title clearly indicating the training status appropriate to their level of training. |
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| 258 | 271 | | |
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| 259 | 272 | | (e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of their supervised course of study and that those persons are designated by the title as audiology intern, audiology trainee, or other title clearly indicating the training status appropriate to their level of training. |
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| 260 | 273 | | |
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| 261 | 274 | | (f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (c) of Section 2532.2 or subdivision (b) of Section 2532.25 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under their supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under their supervision. |
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| 262 | 275 | | |
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| 263 | 276 | | (g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Care Services so long as these screening services are provided by appropriately trained or qualified personnel. |
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| 264 | 277 | | |
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| 265 | 278 | | (h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter. |
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| 266 | 279 | | |
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| 267 | 280 | | (i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision. |
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| 268 | 281 | | |
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| 269 | 282 | | SEC. 4. Section 2530.6 of the Business and Professions Code is amended to read:2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.(b) The number of aides who may be supervised by a licensee shall be determined by the board.(c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements.(d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535).(e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency. |
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| 270 | 283 | | |
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| 271 | 284 | | SEC. 4. Section 2530.6 of the Business and Professions Code is amended to read: |
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| 272 | 285 | | |
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| 273 | 286 | | ### SEC. 4. |
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| 274 | 287 | | |
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| 275 | 288 | | 2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.(b) The number of aides who may be supervised by a licensee shall be determined by the board.(c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements.(d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535).(e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency. |
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| 276 | 289 | | |
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| 277 | 290 | | 2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.(b) The number of aides who may be supervised by a licensee shall be determined by the board.(c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements.(d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535).(e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency. |
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| 278 | 291 | | |
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| 279 | 292 | | 2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision.(b) The number of aides who may be supervised by a licensee shall be determined by the board.(c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements.(d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535).(e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency. |
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| 280 | 293 | | |
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| 281 | 294 | | |
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| 282 | 295 | | |
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| 283 | 296 | | 2530.6. (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide working under their supervision. |
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| 284 | 297 | | |
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| 285 | 298 | | (b) The number of aides who may be supervised by a licensee shall be determined by the board. |
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| 286 | 299 | | |
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| 287 | 300 | | (c) The supervising audiologist or speech-language pathologist shall be responsible for the extent, kind, and quality of services performed by the aide, consistent with the boards designated standards and requirements. |
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| 288 | 301 | | |
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| 289 | 302 | | (d) A speech-language pathology and audiology aide registration shall expire every two years and is subject to the renewal requirements in Article 6 (commencing with Section 2535). |
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| 290 | 303 | | |
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| 291 | 304 | | (e) At the time of registration renewal, the speech-language pathologist or audiologist supervising the speech-language pathology or audiology aide shall update the board on the duties the aide performs while assisting the supervisor in the practice of speech-language pathology or audiology, and the training program and assessment methods the supervisor is utilizing to ensure the aides continued competency. |
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| 292 | 305 | | |
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| 293 | 306 | | SEC. 5. Section 2530.7 is added to the Business and Professions Code, to read:2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure.(b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred.(c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board.(d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser. |
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| 294 | 307 | | |
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| 295 | 308 | | SEC. 5. Section 2530.7 is added to the Business and Professions Code, to read: |
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| 296 | 309 | | |
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| 297 | 310 | | ### SEC. 5. |
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| 298 | 311 | | |
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| 299 | 312 | | 2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure.(b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred.(c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board.(d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser. |
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| 300 | 313 | | |
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| 301 | 314 | | 2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure.(b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred.(c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board.(d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser. |
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| 302 | 315 | | |
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| 303 | 316 | | 2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure.(b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred.(c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board.(d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser. |
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| 304 | 317 | | |
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| 305 | 318 | | |
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| 306 | 319 | | |
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| 307 | 320 | | 2530.7. (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email address shall be considered confidential and not subject to public disclosure. |
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| 308 | 321 | | |
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| 309 | 322 | | (b) An applicant, registrant, or licensee shall provide to the board any changes to their email address no later than 30 calendar days after the changes have occurred. |
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| 310 | 323 | | |
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| 311 | 324 | | (c) The board shall remind registrants and licensees of their obligation to report and keep current their email address with the board. |
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| 312 | 325 | | |
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| 313 | 326 | | (d) For purposes of this section, applicant, registrant, or licensee means any person who applies for or holds a license, registration, or approval under this chapter, including, but not limited to, a speech-language pathologist, speech-language pathology aide, speech-language pathology assistant, audiologist, dispensing audiologist, audiology aide, or hearing aid dispenser. |
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| 314 | 327 | | |
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| 315 | 328 | | SEC. 6. Section 2531 of the Business and Professions Code is amended to read:2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. |
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| 316 | 329 | | |
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| 317 | 330 | | SEC. 6. Section 2531 of the Business and Professions Code is amended to read: |
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| 318 | 331 | | |
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| 319 | 332 | | ### SEC. 6. |
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| 320 | 333 | | |
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| 321 | 334 | | 2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. |
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| 322 | 335 | | |
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| 323 | 336 | | 2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. |
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| 324 | 337 | | |
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| 325 | 338 | | 2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.(c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. |
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| 326 | 339 | | |
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| 327 | 340 | | |
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| 328 | 341 | | |
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| 329 | 342 | | 2531. (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement, administration, and other regulatory duties of this chapter are vested. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board shall consist of nine members, three of whom shall be public members. |
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| 330 | 343 | | |
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| 331 | 344 | | (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 332 | 345 | | |
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| 333 | 346 | | (c) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. |
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| 334 | 347 | | |
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| 335 | 348 | | SEC. 7. Section 2531.05 of the Business and Professions Code is repealed. |
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| 336 | 349 | | |
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| 337 | 350 | | SEC. 7. Section 2531.05 of the Business and Professions Code is repealed. |
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| 338 | 351 | | |
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| 339 | 352 | | ### SEC. 7. |
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| 340 | 353 | | |
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| 341 | 354 | | |
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| 342 | 355 | | |
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| 343 | 356 | | SEC. 8. Section 2531.1 of the Business and Professions Code is amended to read:2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms.(b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).(1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.(2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years.(3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years.(4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years.(c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.(d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority. |
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| 344 | 357 | | |
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| 345 | 358 | | SEC. 8. Section 2531.1 of the Business and Professions Code is amended to read: |
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| 346 | 359 | | |
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| 347 | 360 | | ### SEC. 8. |
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| 348 | 361 | | |
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| 349 | 362 | | 2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms.(b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).(1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.(2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years.(3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years.(4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years.(c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.(d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority. |
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| 350 | 363 | | |
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| 351 | 364 | | 2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms.(b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).(1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.(2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years.(3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years.(4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years.(c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.(d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority. |
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| 352 | 365 | | |
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| 353 | 366 | | 2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms.(b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a).(1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year.(2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years.(3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years.(4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years.(c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years.(d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority. |
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| 354 | 367 | | |
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| 355 | 368 | | |
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| 356 | 369 | | |
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| 357 | 370 | | 2531.1. (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that members successor or until one year has elapsed since the expiration of the term for which the member was appointed, whichever first occurs. No member may serve for more than two consecutive terms. |
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| 358 | 371 | | |
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| 359 | 372 | | (b) Notwithstanding the four-year terms set by subdivision (a), commencing on November 30, 2004, members appointed to the board shall serve the terms set forth below. Each of these terms shall count as a full term for purposes of subdivision (a). |
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| 360 | 373 | | |
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| 361 | 374 | | (1) The two public members appointed by the Senate Committee on Rules and the Speaker of the Assembly, respectively, shall each serve a term of one year. |
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| 362 | 375 | | |
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| 363 | 376 | | (2) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of two years. |
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| 364 | 377 | | |
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| 365 | 378 | | (3) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, and the public member who is a licensed physician and surgeon, board certified in otolaryngology, shall each serve a term of three years. |
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| 366 | 379 | | |
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| 367 | 380 | | (4) One licensed speech-language pathologist and one licensed audiologist, as designated by the appointing authority, shall each serve a term of four years. |
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| 368 | 381 | | |
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| 369 | 382 | | (c) Upon completion of each of the terms described in subdivision (b), a succeeding member shall be appointed to the board for a term of four years. |
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| 370 | 383 | | |
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| 371 | 384 | | (d) Each appointing authority shall have the power to remove from office at any time any member of the board appointed by that appointing authority. |
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| 372 | 385 | | |
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| 373 | 386 | | SEC. 9. Section 2531.75 of the Business and Professions Code is amended to read:2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 374 | 387 | | |
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| 375 | 388 | | SEC. 9. Section 2531.75 of the Business and Professions Code is amended to read: |
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| 376 | 389 | | |
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| 377 | 390 | | ### SEC. 9. |
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| 378 | 391 | | |
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| 379 | 392 | | 2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 380 | 393 | | |
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| 381 | 394 | | 2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 382 | 395 | | |
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| 383 | 396 | | 2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter.(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 384 | 397 | | |
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| 385 | 398 | | |
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| 386 | 399 | | |
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| 387 | 400 | | 2531.75. (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers and perform the duties delegated by the board and vested in them by this chapter. |
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| 388 | 401 | | |
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| 389 | 402 | | (b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. |
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| 390 | 403 | | |
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| 391 | 404 | | SEC. 10. Section 2532.25 of the Business and Professions Code is amended to read:2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008.(b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following:(1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board.(2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board.(3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter.(c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008. |
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| 392 | 405 | | |
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| 393 | 406 | | SEC. 10. Section 2532.25 of the Business and Professions Code is amended to read: |
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| 394 | 407 | | |
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| 395 | 408 | | ### SEC. 10. |
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| 396 | 409 | | |
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| 397 | 410 | | 2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008.(b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following:(1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board.(2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board.(3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter.(c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008. |
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| 398 | 411 | | |
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| 399 | 412 | | 2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008.(b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following:(1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board.(2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board.(3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter.(c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008. |
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| 400 | 413 | | |
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| 401 | 414 | | 2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008.(b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following:(1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board.(2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board.(3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter.(c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008. |
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| 402 | 415 | | |
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| 403 | 416 | | |
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| 404 | 417 | | |
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| 405 | 418 | | 2532.25. (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The board may, in its discretion, accept qualifications it deems to be equivalent to a doctoral degree in audiology. The board shall not, however, accept as equivalent qualifications graduation from a masters program that the applicant was enrolled in on or after January 1, 2008. |
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| 406 | 419 | | |
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| 407 | 420 | | (b) In addition to meeting the qualifications specified in subdivision (a), an applicant seeking licensure as an audiologist shall do all of the following: |
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| 408 | 421 | | |
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| 409 | 422 | | (1) Submit evidence of the satisfactory completion of supervised clinical practice with individuals representative of a wide spectrum of ages and audiological disorders. The board shall establish by regulation the required number of clock hours of supervised clinical practice necessary for the applicant. The clinical practice shall be under the direction of an audiology doctoral program at an educational institution approved by the board. |
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| 410 | 423 | | |
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| 411 | 424 | | (2) Submit evidence of no less than 12 months of satisfactorily completed supervised professional full-time experience or its part-time equivalent obtained under the supervision of a licensed audiologist or an audiologist having qualifications deemed equivalent by the board. This experience shall be completed under the direction of an audiology doctoral program at an educational institution approved by the board. |
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| 412 | 425 | | |
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| 413 | 426 | | (3) Pass an examination or examinations approved by the board. The board shall determine the subject matter and scope of the examination or examinations and may waive an examination upon evidence that the applicant has successfully completed an examination approved by the board. Written examinations may be supplemented by oral examinations as the board shall determine. An applicant who fails an examination may be reexamined at a subsequent examination upon payment of the reexamination fee required by this chapter. |
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| 414 | 427 | | |
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| 415 | 428 | | (c) This section shall apply to applicants who graduate from an approved educational institution on and after January 1, 2008. |
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| 416 | 429 | | |
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| 417 | 430 | | SEC. 11. Section 2532.8 of the Business and Professions Code is amended to read:2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2.(b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned. |
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| 418 | 431 | | |
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| 419 | 432 | | SEC. 11. Section 2532.8 of the Business and Professions Code is amended to read: |
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| 420 | 433 | | |
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| 421 | 434 | | ### SEC. 11. |
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| 422 | 435 | | |
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| 423 | 436 | | 2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2.(b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned. |
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| 424 | 437 | | |
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| 425 | 438 | | 2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2.(b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned. |
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| 426 | 439 | | |
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| 427 | 440 | | 2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2.(b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned. |
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| 428 | 441 | | |
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| 429 | 442 | | |
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| 430 | 443 | | |
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| 431 | 444 | | 2532.8. (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification to have met the educational and experience requirements set forth for speech-language pathologists in Section 2532.2. |
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| 432 | 445 | | |
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| 433 | 446 | | (b) The board shall, until January 1, 2027, deem a person who holds either a valid Certificate of Clinical Competence in Audiology issued by the American Speech-Language-Hearing Associations Council for Clinical Certification or a valid American Board of Audiology certificate issued by the American Academy of Audiology to have met the educational and experience requirements set forth for audiologists in Section 2532.2 and 2532.25. |
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| 434 | 447 | | |
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| 435 | 448 | | (c) If an applicant qualifying for licensure under this section has obtained any equivalent qualifications in violation of the laws and regulations governing the practices of speech-language pathology or audiology or has not met the requirements for licensure, the applicant shall correct the deficiency to qualify for licensure. If the deficiency is not cured within one year from the date of the deficiency notice, the application for licensure is deemed abandoned. |
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| 436 | 449 | | |
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| 437 | 450 | | SEC. 12. The heading of Article 4 (commencing with Section 2533) of Chapter 5.3 of Division 2 of the Business and Professions Code is amended to read: Article 4. Denial, Suspension, Revocation, and Probation |
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| 438 | 451 | | |
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| 439 | 452 | | SEC. 12. The heading of Article 4 (commencing with Section 2533) of Chapter 5.3 of Division 2 of the Business and Professions Code is amended to read: |
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| 440 | 453 | | |
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| 441 | 454 | | ### SEC. 12. |
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| 442 | 455 | | |
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| 443 | 456 | | Article 4. Denial, Suspension, Revocation, and Probation |
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| 444 | 457 | | |
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| 445 | 458 | | Article 4. Denial, Suspension, Revocation, and Probation |
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| 446 | 459 | | |
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| 447 | 460 | | Article 4. Denial, Suspension, Revocation, and Probation |
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| 448 | 461 | | |
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| 449 | 462 | | Article 4. Denial, Suspension, Revocation, and Probation |
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| 450 | 463 | | |
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| 451 | 464 | | SEC. 13. Section 2533 of the Business and Professions Code is amended to read:2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.(b) Securing a license by fraud or deceit.(c) (1) The use or administering to themselves of any controlled substance.(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.(4) Any combination of paragraph (1), (2), or (3).The record of the conviction shall be conclusive evidence of unprofessional conduct.(d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.(g) Incompetence, gross negligence, or repeated negligent acts.(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.(i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law.(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.(k) Any cause that would be grounds for denial of an application for a license.(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter. |
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| 452 | 465 | | |
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| 453 | 466 | | SEC. 13. Section 2533 of the Business and Professions Code is amended to read: |
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| 454 | 467 | | |
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| 455 | 468 | | ### SEC. 13. |
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| 456 | 469 | | |
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| 457 | 470 | | 2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.(b) Securing a license by fraud or deceit.(c) (1) The use or administering to themselves of any controlled substance.(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.(4) Any combination of paragraph (1), (2), or (3).The record of the conviction shall be conclusive evidence of unprofessional conduct.(d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.(g) Incompetence, gross negligence, or repeated negligent acts.(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.(i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law.(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.(k) Any cause that would be grounds for denial of an application for a license.(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter. |
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| 458 | 471 | | |
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| 459 | 472 | | 2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.(b) Securing a license by fraud or deceit.(c) (1) The use or administering to themselves of any controlled substance.(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.(4) Any combination of paragraph (1), (2), or (3).The record of the conviction shall be conclusive evidence of unprofessional conduct.(d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.(g) Incompetence, gross negligence, or repeated negligent acts.(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.(i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law.(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.(k) Any cause that would be grounds for denial of an application for a license.(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter. |
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| 460 | 473 | | |
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| 461 | 474 | | 2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.(b) Securing a license by fraud or deceit.(c) (1) The use or administering to themselves of any controlled substance.(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.(4) Any combination of paragraph (1), (2), or (3).The record of the conviction shall be conclusive evidence of unprofessional conduct.(d) Engaging in any act in violation of Section 650. (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.(g) Incompetence, gross negligence, or repeated negligent acts.(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.(i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law.(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.(k) Any cause that would be grounds for denial of an application for a license.(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter. |
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| 462 | 475 | | |
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| 463 | 476 | | |
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| 464 | 477 | | |
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| 465 | 478 | | 2533. The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following: |
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| 466 | 479 | | |
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| 467 | 480 | | (a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof. |
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| 468 | 481 | | |
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| 469 | 482 | | (b) Securing a license by fraud or deceit. |
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| 470 | 483 | | |
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| 471 | 484 | | (c) (1) The use or administering to themselves of any controlled substance. |
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| 472 | 485 | | |
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| 473 | 486 | | (2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely. |
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| 474 | 487 | | |
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| 475 | 488 | | (3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section. |
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| 476 | 489 | | |
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| 477 | 490 | | (4) Any combination of paragraph (1), (2), or (3). |
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| 478 | 491 | | |
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| 479 | 492 | | The record of the conviction shall be conclusive evidence of unprofessional conduct. |
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| 480 | 493 | | |
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| 481 | 494 | | (d) Engaging in any act in violation of Section 650. |
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| 482 | 495 | | |
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| 483 | 496 | | (e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500. |
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| 484 | 497 | | |
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| 485 | 498 | | (f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee. |
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| 486 | 499 | | |
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| 487 | 500 | | (g) Incompetence, gross negligence, or repeated negligent acts. |
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| 488 | 501 | | |
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| 489 | 502 | | (h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public. |
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| 490 | 503 | | |
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| 491 | 504 | | (i) Use by a hearing aid dispenser of the term doctor or physician or clinic or audiologist, or any derivation thereof, except as authorized by law. |
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| 492 | 505 | | |
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| 493 | 506 | | (j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers. |
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| 494 | 507 | | |
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| 495 | 508 | | (k) Any cause that would be grounds for denial of an application for a license. |
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| 496 | 509 | | |
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| 497 | 510 | | (l) Violation of Section 1689.6 or 1793.02 of the Civil Code. |
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| 498 | 511 | | |
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| 499 | 512 | | (m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. |
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| 500 | 513 | | |
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| 501 | 514 | | (n) Violation of a term or condition of a conditional license issued by the board pursuant to this section. |
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| 502 | 515 | | |
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| 503 | 516 | | (o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing. |
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| 504 | 517 | | |
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| 505 | 518 | | (p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing. |
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| 506 | 519 | | |
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| 507 | 520 | | (q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter. |
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| 508 | 521 | | |
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| 509 | 522 | | SEC. 14. Section 2533.1 of the Business and Professions Code is amended to read:2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. |
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| 510 | 523 | | |
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| 511 | 524 | | SEC. 14. Section 2533.1 of the Business and Professions Code is amended to read: |
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| 512 | 525 | | |
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| 513 | 526 | | ### SEC. 14. |
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| 514 | 527 | | |
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| 515 | 528 | | 2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. |
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| 516 | 529 | | |
|---|
| 517 | 530 | | 2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. |
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| 518 | 531 | | |
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| 519 | 532 | | 2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. |
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| 520 | 533 | | |
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| 521 | 534 | | |
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| 522 | 535 | | |
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| 523 | 536 | | 2533.1. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. |
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| 524 | 537 | | |
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| 525 | 538 | | SEC. 15. Section 2533.4 of the Business and Professions Code is amended to read:2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion. |
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| 526 | 539 | | |
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| 527 | 540 | | SEC. 15. Section 2533.4 of the Business and Professions Code is amended to read: |
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| 528 | 541 | | |
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| 529 | 542 | | ### SEC. 15. |
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| 530 | 543 | | |
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| 531 | 544 | | 2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion. |
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| 532 | 545 | | |
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| 533 | 546 | | 2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion. |
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| 534 | 547 | | |
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| 535 | 548 | | 2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion. |
|---|
| 536 | 549 | | |
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| 537 | 550 | | |
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| 538 | 551 | | |
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| 539 | 552 | | 2533.4. Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion. |
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| 540 | 553 | | |
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| 541 | 554 | | SEC. 16. Section 2533.6 is added to the Business and Professions Code, to read:2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.(2) The board is conducting an investigation of the petitioner while they are on probation.(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.(4) The petitioners probation with the board is currently tolled.(h) Nothing in this section shall be deemed to alter Sections 822 and 823. |
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| 542 | 555 | | |
|---|
| 543 | 556 | | SEC. 16. Section 2533.6 is added to the Business and Professions Code, to read: |
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| 544 | 557 | | |
|---|
| 545 | 558 | | ### SEC. 16. |
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| 546 | 559 | | |
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| 547 | 560 | | 2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.(2) The board is conducting an investigation of the petitioner while they are on probation.(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.(4) The petitioners probation with the board is currently tolled.(h) Nothing in this section shall be deemed to alter Sections 822 and 823. |
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| 548 | 561 | | |
|---|
| 549 | 562 | | 2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.(2) The board is conducting an investigation of the petitioner while they are on probation.(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.(4) The petitioners probation with the board is currently tolled.(h) Nothing in this section shall be deemed to alter Sections 822 and 823. |
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| 550 | 563 | | |
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| 551 | 564 | | 2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.(2) The board is conducting an investigation of the petitioner while they are on probation.(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.(4) The petitioners probation with the board is currently tolled.(h) Nothing in this section shall be deemed to alter Sections 822 and 823. |
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| 552 | 565 | | |
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| 553 | 566 | | |
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| 554 | 567 | | |
|---|
| 555 | 568 | | 2533.6. (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action: |
|---|
| 556 | 569 | | |
|---|
| 557 | 570 | | (1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years. |
|---|
| 558 | 571 | | |
|---|
| 559 | 572 | | (2) At least two years for early termination or one year for modification of a condition of probation of three years or more. |
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| 560 | 573 | | |
|---|
| 561 | 574 | | (3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years. |
|---|
| 562 | 575 | | |
|---|
| 563 | 576 | | (b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General. |
|---|
| 564 | 577 | | |
|---|
| 565 | 578 | | (c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act. |
|---|
| 566 | 579 | | |
|---|
| 567 | 580 | | (d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioners activities during the time the license was in good standing, and the petitioners rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary. |
|---|
| 568 | 581 | | |
|---|
| 569 | 582 | | (e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary. |
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| 570 | 583 | | |
|---|
| 571 | 584 | | (f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section. |
|---|
| 572 | 585 | | |
|---|
| 573 | 586 | | (g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following: |
|---|
| 574 | 587 | | |
|---|
| 575 | 588 | | (1) The petitioner has failed to comply with the terms and conditions of the disciplinary order. |
|---|
| 576 | 589 | | |
|---|
| 577 | 590 | | (2) The board is conducting an investigation of the petitioner while they are on probation. |
|---|
| 578 | 591 | | |
|---|
| 579 | 592 | | (3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation. |
|---|
| 580 | 593 | | |
|---|
| 581 | 594 | | (4) The petitioners probation with the board is currently tolled. |
|---|
| 582 | 595 | | |
|---|
| 583 | 596 | | (h) Nothing in this section shall be deemed to alter Sections 822 and 823. |
|---|
| 584 | 597 | | |
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| 585 | 598 | | SEC. 17. Section 2534.2 of the Business and Professions Code is amended to read:2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule:(a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1).(2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter.(b) The delinquency fee shall be twenty-five dollars ($25).(c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75).(d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30).(e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant.(f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board.(g) The duplicate wall certificate fee is twenty-five dollars ($25).(h) The duplicate renewal receipt fee is twenty-five dollars ($25).(i) The application fee and renewal fee for a temporary license is thirty dollars ($30).(j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25). |
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| 586 | 599 | | |
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| 587 | 600 | | SEC. 17. Section 2534.2 of the Business and Professions Code is amended to read: |
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| 588 | 601 | | |
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| 589 | 602 | | ### SEC. 17. |
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| 590 | 603 | | |
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| 591 | 604 | | 2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule:(a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1).(2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter.(b) The delinquency fee shall be twenty-five dollars ($25).(c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75).(d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30).(e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant.(f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board.(g) The duplicate wall certificate fee is twenty-five dollars ($25).(h) The duplicate renewal receipt fee is twenty-five dollars ($25).(i) The application fee and renewal fee for a temporary license is thirty dollars ($30).(j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25). |
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| 592 | 605 | | |
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| 593 | 606 | | 2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule:(a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1).(2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter.(b) The delinquency fee shall be twenty-five dollars ($25).(c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75).(d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30).(e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant.(f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board.(g) The duplicate wall certificate fee is twenty-five dollars ($25).(h) The duplicate renewal receipt fee is twenty-five dollars ($25).(i) The application fee and renewal fee for a temporary license is thirty dollars ($30).(j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25). |
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| 594 | 607 | | |
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| 595 | 608 | | 2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule:(a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1).(2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter.(b) The delinquency fee shall be twenty-five dollars ($25).(c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75).(d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30).(e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant.(f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board.(g) The duplicate wall certificate fee is twenty-five dollars ($25).(h) The duplicate renewal receipt fee is twenty-five dollars ($25).(i) The application fee and renewal fee for a temporary license is thirty dollars ($30).(j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25). |
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| 596 | 609 | | |
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| 597 | 610 | | |
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| 598 | 611 | | |
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| 599 | 612 | | 2534.2. The amount of the fees prescribed by this chapter is that established by the following schedule: |
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| 600 | 613 | | |
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| 601 | 614 | | (a) (1) The application fee and renewal fee for speech-language pathologists and nondispensing audiologists shall be established by the board in an amount that does not exceed one hundred fifty dollars ($150) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter, excluding Article 9 (commencing with Section 2539.1). |
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| 602 | 615 | | |
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| 603 | 616 | | (2) The application fee and renewal fee for dispensing audiologists shall be established by the board in an amount that does not exceed two hundred eighty dollars ($280) but is sufficient to support the functions of the board that relate to the functions authorized by this chapter. |
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| 604 | 617 | | |
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| 605 | 618 | | (b) The delinquency fee shall be twenty-five dollars ($25). |
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| 606 | 619 | | |
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| 607 | 620 | | (c) The reexamination fee shall be established by the board in an amount that does not exceed seventy-five dollars ($75). |
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| 608 | 621 | | |
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| 609 | 622 | | (d) The registration fee and renewal fee of an aide shall be established by the board in an amount that does not exceed thirty dollars ($30). |
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| 610 | 623 | | |
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| 611 | 624 | | (e) A fee to be set by the board of not more than one hundred dollars ($100) shall be charged for each application for approval as a speech-language pathology assistant. |
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| 612 | 625 | | |
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| 613 | 626 | | (f) A fee of one hundred fifty dollars ($150) shall be charged for the issuance of and for the renewal of each approval as a speech-language pathology assistant, unless a lower fee is established by the board. |
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| 614 | 627 | | |
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| 615 | 628 | | (g) The duplicate wall certificate fee is twenty-five dollars ($25). |
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| 616 | 629 | | |
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| 617 | 630 | | (h) The duplicate renewal receipt fee is twenty-five dollars ($25). |
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| 618 | 631 | | |
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| 619 | 632 | | (i) The application fee and renewal fee for a temporary license is thirty dollars ($30). |
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| 620 | 633 | | |
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| 621 | 634 | | (j) The fee for issuance of a license status and history certification letter shall be established by the board in an amount not to exceed twenty-five dollars ($25). |
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| 622 | 635 | | |
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| 623 | 636 | | SEC. 18. Section 2538.3 of the Business and Professions Code is amended to read:2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study. |
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| 624 | 637 | | |
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| 625 | 638 | | SEC. 18. Section 2538.3 of the Business and Professions Code is amended to read: |
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| 626 | 639 | | |
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| 627 | 640 | | ### SEC. 18. |
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| 628 | 641 | | |
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| 629 | 642 | | 2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study. |
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| 630 | 643 | | |
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| 631 | 644 | | 2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study. |
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| 632 | 645 | | |
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| 633 | 646 | | 2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study. |
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| 634 | 647 | | |
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| 635 | 648 | | |
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| 636 | 649 | | |
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| 637 | 650 | | 2538.3. A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate of arts degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved bachelors degree program in speech-language pathology or communication disorders shall be deemed to have satisfied an equivalent course of study. |
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| 638 | 651 | | |
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| 639 | 652 | | SEC. 19. Section 2539.1 of the Business and Professions Code is amended to read:2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so.(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.(d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered. |
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| 640 | 653 | | |
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| 641 | 654 | | SEC. 19. Section 2539.1 of the Business and Professions Code is amended to read: |
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| 642 | 655 | | |
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| 643 | 656 | | ### SEC. 19. |
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| 644 | 657 | | |
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| 645 | 658 | | 2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so.(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.(d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered. |
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| 646 | 659 | | |
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| 647 | 660 | | 2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so.(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.(d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered. |
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| 648 | 661 | | |
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| 649 | 662 | | 2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids.(2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).(b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so.(2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter.(c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.(d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered. |
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| 650 | 663 | | |
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| 651 | 664 | | |
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| 652 | 665 | | |
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| 653 | 666 | | 2539.1. (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pays all applicable fees, and passes an examination, approved by the board, relating to selling hearing aids. |
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| 654 | 667 | | |
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| 655 | 668 | | (2) The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1). |
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| 656 | 669 | | |
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| 657 | 670 | | (b) (1) On and after January 1, 2010, a licensed audiologist with an unexpired license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to the provisions of this chapter. Upon the expiration of the audiologists license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispensers license from maintaining dual or separate licenses if they choose to do so. |
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| 658 | 671 | | |
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| 659 | 672 | | (2) A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8 (commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) as well as the other provisions of this chapter. |
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| 660 | 673 | | |
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| 661 | 674 | | (c) A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license. |
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| 662 | 675 | | |
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| 663 | 676 | | (d) For purposes of subdivision (a), the board shall provide the hearing aid dispensers examination provided by the former Hearing Aid Dispensers Bureau until such time as the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant to Section 139 and a determination is made that a different examination is to be administered. |
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| 664 | 677 | | |
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| 665 | 678 | | SEC. 20. Section 2.5 of this bill incorporates amendments to Section 2530.2 of the Business and Professions Code proposed by both this bill and Senate Bill 1453. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 2530.2 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1453, in which case Section 2 of this bill shall not become operative. |
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| 666 | 679 | | |
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| 667 | 680 | | SEC. 20. Section 2.5 of this bill incorporates amendments to Section 2530.2 of the Business and Professions Code proposed by both this bill and Senate Bill 1453. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 2530.2 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1453, in which case Section 2 of this bill shall not become operative. |
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| 668 | 681 | | |
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| 669 | 682 | | SEC. 20. Section 2.5 of this bill incorporates amendments to Section 2530.2 of the Business and Professions Code proposed by both this bill and Senate Bill 1453. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 2530.2 of the Business and Professions Code, and (3) this bill is enacted after Senate Bill 1453, in which case Section 2 of this bill shall not become operative. |
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| 670 | 683 | | |
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| 671 | 684 | | ### SEC. 20. |
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| 672 | 685 | | |
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| 673 | 686 | | SEC. 21. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 674 | 687 | | |
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| 675 | 688 | | SEC. 21. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 676 | 689 | | |
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| 677 | 690 | | SEC. 21. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 678 | 691 | | |
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| 679 | 692 | | ### SEC. 21. |
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| 680 | 693 | | |
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| 681 | 694 | | SEC. 22. The Legislature finds and declares that Section 5 of this act, which adds Section 2530.7 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The act balances the publics right of access to records of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board with the need to protect the privacy of applicants, registrants, and licensees. |
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| 682 | 695 | | |
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| 683 | 696 | | SEC. 22. The Legislature finds and declares that Section 5 of this act, which adds Section 2530.7 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:The act balances the publics right of access to records of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board with the need to protect the privacy of applicants, registrants, and licensees. |
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| 684 | 697 | | |
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| 685 | 698 | | SEC. 22. The Legislature finds and declares that Section 5 of this act, which adds Section 2530.7 of the Business and Professions Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: |
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| 686 | 699 | | |
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| 687 | 700 | | ### SEC. 22. |
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| 688 | 701 | | |
|---|
| 689 | 702 | | The act balances the publics right of access to records of the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board with the need to protect the privacy of applicants, registrants, and licensees. |
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