EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0103*
SENATE BILL 103
J2 2lr0400
(PRE–FILED) CF HB 155
By: Senator Augustine
Requested: August 24, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
State Board of Examiners for Audiologists, Hearing Aid Dispensers, 2
Speech–Language Pathologists, and Music Therapists – Revisions 3
FOR the purpose of altering certain requirements for the licensing and regulation of 4
audiologists, hearing aid dispensers, speech–language pathologists, and music 5
therapists, including clarifying quorum requirements for the State Board of 6
Examiners for Audiologists, Hearing Aid Dispe nsers, Speech–Language 7
Pathologists, and Music Therapists, license reciprocity, professional disciplinary 8
grounds, and delegation authority for audiologists; and generally relating to the 9
State Board of Examiners for Audiologists, Hearing Aid Dispensers, 10
Speech–Language Pathologists, and Music Therapists. 11
BY repealing and reenacting, without amendments, 12
Article – Health Occupations 13
Section 2–201 14
Annotated Code of Maryland 15
(2021 Replacement Volume) 16
BY repealing and reenacting, with amendments, 17
Article – Health Occupations 18
Section 2–204(a), 2–205.1, 2–301, 2–314, 2–319, 2–4A–14, and 2–4A–21 19
Annotated Code of Maryland 20
(2021 Replacement Volume) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – Health Occupations 24
2–201. 25 2 SENATE BILL 103
There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, 1
Speech–Language Pathologists, and Music Therapists in the Department. 2
2–204. 3
(a) A majority of the members currently serving on the Board, with at least 1 4
[member of each profession ] AUDIOLOGIST, HEARING AID DISPENSE R, 5
SPEECH–LANGUAGE PATHOLOGIST , AND MUSIC THERAPIST regulated under the 6
provisions of this title being present, is a quorum to do business. 7
2–205.1. 8
(a) While investigating an allegation against a licensee under this title, the Board 9
may require the licensee to submit to an appropriate examination by a health care provider 10
designated by the Board if the Board has reason to believe that the licensee may cause 11
harm to a person affected by the licensee’s practice of audiology, hearing aid dispensing, 12
[or] speech–language pathology, OR MUSIC THERAPY , or assistance in the practice of 13
speech–language pathology OR AUDIOLOGY . 14
(b) In return for the privilege given to a licensee to practice audiology, hearing 15
aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in the 16
practice of speech–language pathology OR AUDIOLOGY in the State, the licensee is deemed 17
to have: 18
(1) Consented to submit to an examination under this section, if requested 19
by the Board in writing; and 20
(2) Waived any claim of privilege as to the testimony or reports of a health 21
care provider who examines the licensee. 22
(c) The failure or refusal of the licensee to submit to an examination required 23
under subsection (b) of this section is prima facie evidence of the licensee’s inability to 24
practice audiology, hearing aid dispensing, [or] speech–language pathology, OR MUSIC 25
THERAPY, or assist in the practice of speech–language pathology OR AUDIOLOGY 26
competently, unless the Board finds that the failure or refusal was beyond the control of 27
the licensee. 28
(d) The Board shall pay the cost of any examination made under this section. 29
2–301. 30
(a) (1) Except as otherwise provided in this title, an individual shall be 31
licensed by the Board before the individual may practice audiology, hearing aid dispensing, 32
[or] speech–language pathology, OR MUSIC THERAPY , or assist in the practice of 33
speech–language pathology OR AUDIOLOGY in this State. 34 SENATE BILL 103 3
(2) On or after October 1, 2007, an individual hired by a Maryland local 1
public school system, State–approved nonpublic school for handicapped children, or 2
chartered educational institution of the State to practice speech–language pathology or 3
assist in the practice of speech–language pathology, shall be licensed by the Board. 4
(b) (1) This section does not apply: 5
(i) To an individual employed by any agency of the federal 6
government performing the duties of that employment; 7
(ii) To an individual continuously employed to practice audiology 8
since June 30, 1988, by a county public school system, a State–approved nonpublic school 9
for handicapped children, a chartered institution of the State, or the State Department of 10
Education while performing the duties of that employment; 11
(iii) To an individual employed by a Maryland local public school 12
system, State–approved nonpublic school for handicapped children, or chartered 13
educational institution of the State or the State Department of Education to practice 14
speech–language pathology continuously since on or before September 30, 2007, while 15
performing the duties of that employment; 16
(iv) To a student or trainee in audiology or speech–language 17
pathology while pursuing a supervised course of study at an accredited university or college 18
or a recognized training center while the student is obtaining clinical practicum hours; 19
(v) To a volunteer while working in free speech and hearing 20
screening programs; or 21
(vi) To an individual licensed to pra ctice audiology or 22
speech–language pathology in another state or a foreign country while the individual: 23
1. Provides a clinical demonstration at a training or an 24
educational event in the State; or 25
2. Receives clinical training at a training or an educational 26
event in the State. 27
(2) The Board may allow an audiologist, hearing aid dispenser, 28
speech–language pathologist, [or] MUSIC THERAPIST , speech–language pathology 29
assistant, OR AUDIOLOGY ASSISTA NT licensed in another state to practice audiology, 30
hearing aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in 31
the practice of speech–language pathology OR AUDIOLOGY in this State without a license 32
if the [audiologist, hearing aid dispenser, speech–language pathologist, or speech–language 33
pathology assistant] APPLICANT has [a completed application for a license pending before 34
the Board]: 35 4 SENATE BILL 103
(I) BEEN GRANTED PRELIMIN ARY APPROVAL BY THE BOARD 1
TO PRACTICE; AND 2
(II) A COMPLETE D APPLICATION FOR A LICE NSE PENDING 3
BEFORE THE BOARD. 4
2–314. 5
Subject to the hearing provisions of § 2–315 of this subtitle, the Board may deny a 6
license or limited license to any applicant, reprimand any licensee or holder of a limited 7
license, place any licensee or holder of a limited license on probation, or suspend or revoke 8
a license or limited license if the applicant, licensee, or holder: 9
(1) Fraudulently or deceptively obtains or attempts to obtain a license or 10
limited license for the applicant, licensee, or holder or for another; 11
(2) Fraudulently or deceptively uses a license or limited license; 12
(3) Commits fraud or deceit in the practice of audiology, hearing aid 13
dispensing, or speech–language pathology, or assistance of the practice of speech–language 14
pathology OR AUDIOLOGY ; 15
(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a 16
crime involving moral turpitude, whether or not any appeal or other proceeding is pending 17
to have the conviction or plea set aside; 18
(5) Obtains a fee through fraud or misrepresentation; 19
(6) Directly or indirectly employs any unlicensed person or any person 20
whose license or limited license has been suspended; 21
(7) Uses or promotes or causes the use of any misleading, deceiving, 22
improbable, or untruthful advertising matter, promotional literature, testimonial, 23
guarantee, warranty, label, brand, insignia, or other representation; 24
(8) In the practice of audiology, hearing aid dispensing, or 25
speech–language pathology, or assistance of the practice of 26
speech–language pathology OR AUDIOLOGY : 27
(i) Falsely represents the use or availability of services or advice of 28
a physician; or 29
(ii) Misrepresents the applicant, licensee, or holder by using the 30
word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate; 31
SENATE BILL 103 5
(9) Permits another person to use the license of the licensee or limited 1
license of the holder; 2
(10) Commits any act of unprofessional conduct in the practice of audiology, 3
hearing aid dispensing, or speech–language pathology, or the assistance of the practice of 4
speech–language pathology OR AUDIOLOGY ; 5
(11) Violates any lawful order given or regulation adopted by the Board; 6
(12) Violates any provision of this title; 7
(13) Provides professional services while: 8
(i) Under the influence of alcohol; or 9
(ii) Using any narcotic or controlled dangerous substance, as defined 10
in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 11
amounts or without valid medical indication; 12
(14) Is disciplined by a licensing or disciplinary authority of any other state 13
or country or convicted or disciplined by a court of any state or country for an act that would 14
be grounds for disciplinary action under this section; 15
(15) Practices audiology, hearing aid dispensing, or speech–language 16
pathology, or assists in the practice of speech–language pathology OR AUDIOLOGY with an 17
unauthorized person or supervises or aids an unauthorized person in the practice of 18
audiology, hearing aid dispensing, or speech–language pathology, or assistance of the 19
practice of speech–language pathology OR AUDIOLOGY ; 20
(16) Knowingly makes or files a false report or record in the practice of 21
audiology, hearing aid dispensing, or speech–language pathology, or assistance in the 22
practice of speech–language pathology OR AUDIOLOGY ; 23
(17) Knowingly fails to file or record any report as required by law, willfully 24
impedes or obstructs the filing or recording of the report, or induces another to fail to file 25
or record the report; 26
(18) Submits a false statement to collect a fee; 27
(19) Is professionally, physically, or mentally incompetent; 28
(20) Promotes the sale of devices, appliances, or goods to a patient so as to 29
exploit the patient for financial gain; 30
(21) Behaves immorally in the practice of audiology, hearing aid dispensing, 31
or speech–language pathology, or assistance of the practice of speech–language pathology 32
OR AUDIOLOGY ; 33 6 SENATE BILL 103
(22) Refuses, withholds from, denies, or discriminates against an individual 1
with regard to the provision of professional services for which the licensee is licensed and 2
qualified to render because the individual is HIV positive; 3
(23) Pays or agrees to pay any sum to any person for bringing or referring a 4
patient; 5
(24) Fails to submit to a criminal history records check in accordance with § 6
2–303.1 of this subtitle; or 7
(25) Supervises or aids an unauthorized individual in the assistance of 8
audiology. 9
2–319. 10
(a) (1) A licensed speech–language pathologist may delegate duties to an 11
assistant within the scope of practice and supervision guidelines in the regulations adopted 12
under [subsection (b) of this section] PARAGRAPH (2) OF THIS SUBSECTION . 13
[(b)] (2) The Board shall adopt regulations to establish qualifications and scope 14
of practice for the position of a speech–language pathology assistant and the requirements 15
for the supervision of a speech–language pathology assistant by a supervisor of a 16
speech–language pathology assistant. 17
(B) (1) A LICENSED AUDIOLOGIST MAY DELE GATE DUTIES TO AN 18
ASSISTANT WITHIN THE SCOPE OF PRACTICE AN D SUPERVISION GUIDEL INES IN THE 19
REGULATIONS ADOPTED UNDER PARAGRAPH (2) OF THIS SUBSECTION . 20
(2) THE BOARD SHALL ADOPT REG ULATIONS T O ESTABLISH 21
QUALIFICATIONS AND S COPE OF PRACTICE FOR THE POSITION OF AN A UDIOLOGY 22
ASSISTANT AND THE RE QUIREMENTS FOR THE S UPERVISION OF AN AUDIOLOGY 23
ASSISTANT BY A SUPER VISOR OF AN AUDIOLOG Y ASSISTANT. 24
2–4A–14. 25
Subject to the hearing provisions of § 2–4A–16 of this subtitle, the Board, on the 26
affirmative vote of a majority of its members then serving, may deny a license to an 27
applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke the 28
license of a licensee if the applicant or licensee: 29
(1) Fraudulently or deceptively obtains or attempts to obtain a license for 30
the applicant or licensee or for another; 31
(2) Fraudulently or deceptively uses a license; 32
SENATE BILL 103 7
(3) Is convicted of or pleads guilty or nolo contendere to a felony or a crime 1
involving moral turpitude, whether or not an appeal or other proceeding is pending to have 2
the conviction or plea set aside; 3
(4) Aids or abets an unauthorized person in practicing music therapy or 4
self–representing as a music therapist; 5
(5) Practices music therapy fraudulently or deceitfully; 6
(6) Violates the code of ethics adopted by the Board under § 2–4A–03(2) of 7
this subtitle; 8
(7) Willfully fails to file or record any report as required under law, 9
willfully impedes or obstructs the filing or recording of a report, or induces another to fail 10
to file or record a report; 11
(8) Submits a false statement to collect a fee; 12
(9) Willfully makes or files a false report or record in the practice of music 13
therapy; 14
(10) Is disciplined by a licensing or disciplinary authority of any state or 15
country, convicted or disciplined by a court of any state or country, or disciplined by any 16
branch of the United States uniformed services or the United States Department of 17
Veterans Affairs for an act that would be grounds for disciplinary action under this section; 18
(11) Violates any provision of this subtitle or any regulation adopted by the 19
Board; 20
(12) Uses or promotes or causes the use or promotion of any misleading, 21
deceiving, or untruthful advertising matter, promotional literature, or testimonial; 22
(13) Is professionally, physically, or mentally incompetent; 23
(14) Promotes the sale of devices, appliances, or goods to a patient so as to 24
exploit the patient for financial gain; 25
(15) Behaves immorally in the practice of music therapy; 26
(16) Commits an act of unprofessional conduct in the practice of music 27
therapy; 28
(17) Refuses, withholds from, denies, or discriminates against an individual 29
with regard to the provision of professional services for which the licensee is licensed and 30
qualified to render because the individual is HIV positive; 31
(18) Fails to cooperate with a lawful investigation conducted by the Board; 32 8 SENATE BILL 103
(19) Commits an act that is inconsistent with generally accepted 1
professional standards in the practice of music therapy; 2
(20) Fails to submit to a criminal history records check in accordance with § 3
2–303.1 of this title; 4
(21) Habitually is intoxicated; 5
(22) Provides professional services while under the influence of alcohol or 6
while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the 7
Criminal Law Article, or other drug that is in excess of therapeutic amounts or without 8
valid medical indication; [or] 9
(23) Knowingly fails to report suspected child abuse in violation of § 5–704 10
of the Family Law Article; 11
(24) IN THE PRACTICE OF MUSIC THERAPY : 12
(I) FALSELY REPRESENTS TH E USE OR AVAILABILIT Y OF 13
SERVICES OR ADVICE O F A PHYSICIAN; OR 14
(II) MISREPRESENTS THE APP LICANT, LICENSEE, OR HOLDER 15
BY USING THE WORD “DOCTOR” OR ANY SIMILAR WORD , ABBREVIATION , OR SYMBOL 16
IF THE USE IS NOT AC CURATE; OR 17
(25) PRACTICES MUSIC THERA PY WITH AN UNAUTHORI ZED PERSON 18
OR SUPERVISES OR AID S AN UNAUTHORIZED PERS ON IN THE PRACTICE O F MUSIC 19
THERAPY. 20
2–4A–21. 21
(a) In this section, “music therapist rehabilitation [subcommittee”] 22
COMMITTEE ” means a [subcommittee] COMMITTEE of the Board that: 23
(1) Is recognized by the Board; 24
(2) Includes music therapists; and 25
(3) Evaluates and provides assistance to any music therapist in need of 26
treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other 27
physical, emotional, or mental condition. 28
(b) The music therapist rehabilitation [subcommittee] COMMITTEE may 29
function: 30 SENATE BILL 103 9
(1) Solely for the Board; or 1
(2) Jointly with a rehabilitation committee representing another board or 2
boards. 3
(c) (1) Except as otherwise provided in this subsection, the proceedings, 4
records, and files of the music therapist rehabilitation [subcommittee] COMMITTEE are 5
not discoverable and are not admissible in evidence in any civil action arising out of the 6
matters that are being or have been reviewed and evaluated by the music therapist 7
rehabilitation [subcommittee] COMMITTEE . 8
(2) Paragraph (1) of this subsection does not apply to any record or 9
document that is considered by the music therapist rehabilitation [subcommittee] 10
COMMITTEE and that otherwise would be subject to discovery or introduction into evidence 11
in a civil action. 12
(3) For purposes of this subsection, civil action does not include a 13
proceeding before the Board or judicial review of a proceeding before the Board. 14
(d) An individual who acts in good faith and within the scope of jurisdiction of the 15
music therapist rehabilitation [subcommittee] COMMITTEE is not civilly liable for any 16
action as a member of the music therapist rehabilitation [subcommittee] COMMITTEE or 17
for giving information to, participating in, or contributing to the function of the music 18
therapist rehabilitation [subcommittee] COMMITTEE . 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20
1, 2022. 21