MD
Maryland Senate Bill SB103

Maryland 2022 Regular Session

Maryland Senate Bill SB103 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 399
21
3-– 1 –
4-Chapter 399
5-(Senate Bill 103)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0103*
89
9-State Board of Examiners for Audiologists, Hearing Aid Dispensers,
10-Speech–Language Pathologists, and Music Therapists – Revisions
10+SENATE BILL 103
11+J2 2lr0400
12+ (PRE–FILED) CF HB 155
13+By: Senator Augustine
14+Requested: August 24, 2021
15+Introduced and read first time: January 12, 2022
16+Assigned to: Education, Health, and Environmental Affairs
17+Committee Report: Favorable
18+Senate action: Adopted
19+Read second time: February 8, 2022
1120
12-FOR the purpose of altering certain requirements for the licensing and regulation of
13-audiologists, hearing aid dispensers, speech–language pathologists, and music
14-therapists, including clarifying quorum requirements for the State Board of
15-Examiners for Audiologists, Hearing Aid Dispensers, Speech –Language
16-Pathologists, and Music Therapists, license reciprocity, professional disciplinary
17-grounds, and delegation authority for audiologists; and generally relating to the
18-State Board of Examiners for Audiolog ists, Hearing Aid Dispensers,
19-Speech–Language Pathologists, and Music Therapists.
21+CHAPTER ______
2022
21-BY repealing and reenacting, without amendments,
22- Article – Health Occupations
23-Section 2–201
24- Annotated Code of Maryland
25- (2021 Replacement Volume)
23+AN ACT concerning 1
2624
27-BY repealing and reenacting, with amendments,
28- Article – Health Occupations
29-Section 2–204(a), 2–205.1, 2–301, 2–314, 2–319, 2–4A–14, and 2–4A–21
30- Annotated Code of Maryland
31- (2021 Replacement Volume)
25+State Board of Examiners for Audiologists, Hearing Aid Dispensers, 2
26+Speech–Language Pathologists, and Music Therapists – Revisions 3
3227
33- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
34-That the Laws of Maryland read as follows:
28+FOR the purpose of altering certain requirements for the licensing and regulation of 4
29+audiologists, hearing aid dispensers, speech–language pathologists, and music 5
30+therapists, including clarifying quorum requirements for the State Board of 6
31+Examiners for Audiologists, Hearing Aid Dispensers, Speech –Language 7
32+Pathologists, and Music Therapists, license reciprocity, professional disciplinary 8
33+grounds, and delegation authority for audiologists; and generally relating to the 9
34+State Board of Examiners for Audiologists, Hearing Aid Dispensers, 10
35+Speech–Language Pathologists, and Music Therapists. 11
3536
36-Article – Health Occupations
37+BY repealing and reenacting, without amendments, 12
38+ Article – Health Occupations 13
39+Section 2–201 14
40+ Annotated Code of Maryland 15
41+ (2021 Replacement Volume) 16
3742
38-2–201.
43+BY repealing and reenacting, with amendments, 17
44+ Article – Health Occupations 18
45+Section 2–204(a), 2–205.1, 2–301, 2–314, 2–319, 2–4A–14, and 2–4A–21 19
46+ Annotated Code of Maryland 20
47+ (2021 Replacement Volume) 21
48+ 2 SENATE BILL 103
3949
40- There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers,
41-Speech–Language Pathologists, and Music Therapists in the Department.
4250
43-2–204.
51+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52+That the Laws of Maryland read as follows: 2
4453
45- (a) A majority of the members currently serving on the Board, with at least 1
46-[member of each profession ] AUDIOLOGIST, HEARING AID DISPENSE R,
47-SPEECH–LANGUAGE PATHOLOGIST , AND MUSIC THERAPIST regulated under the
48-provisions of this title being present, is a quorum to do business. Ch. 399 2022 LAWS OF MARYLAND
54+Article – Health Occupations 3
4955
50-– 2 –
56+2–201. 4
5157
52-2–205.1.
58+ There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, 5
59+Speech–Language Pathologists, and Music Therapists in the Department. 6
5360
54- (a) While investigating an allegation against a licensee under this title, the Board
55-may require the licensee to submit to an appropriate examination by a health care provider
56-designated by the Board if the Board has reason to believe that the licensee may cause
57-harm to a person affected by the licensee’s practice of audiology, hearing aid dispensing,
58-[or] speech–language pathology, OR MUSIC THERAPY , or assistance in the practice of
59-speech–language pathology OR AUDIOLOGY .
61+2–204. 7
6062
61- (b) In return for the privilege given to a licensee to practice audiology, hearing
62-aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in the
63-practice of speech–language pathology OR AUDIOLOGY in the State, the licensee is deemed
64-to have:
63+ (a) A majority of the members currently serving on the Board, with at least 1 8
64+[member of each profession ] AUDIOLOGIST, HEARING AID DISPENSE R, 9
65+SPEECH–LANGUAGE PATHOLOGIST , AND MUSIC THERAPIST regulated under the 10
66+provisions of this title being present, is a quorum to do business. 11
6567
66- (1) Consented to submit to an examination under this section, if requested
67-by the Board in writing; and
68+2–205.1. 12
6869
69- (2) Waived any claim of privilege as to the testimony or reports of a health
70-care provider who examines the licensee.
70+ (a) While investigating an allegation against a licensee under this title, the Board 13
71+may require the licensee to submit to an appropriate examination by a health care provider 14
72+designated by the Board if the Board has reason to believe that the licensee may cause 15
73+harm to a person affected by the licensee’s practice of audiology, hearing aid dispensing, 16
74+[or] speech–language pathology, OR MUSIC THERAPY , or assistance in the practice of 17
75+speech–language pathology OR AUDIOLOGY . 18
7176
72- (c) The failure or refusal of the licensee to submit to an examination required
73-under subsection (b) of this section is prima facie evidence of the licensee’s inability to
74-practice audiology, hearing aid dispensing, [or] speech–language pathology, OR MUSIC
75-THERAPY, or assist in the practice of speech–language pathology OR AUDIOLOGY
76-competently, unless the Board finds that the failure or refusal was beyond the control of
77-the licensee.
77+ (b) In return for the privilege given to a licensee to practice audiology, hearing 19
78+aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in the 20
79+practice of speech–language pathology OR AUDIOLOGY in the State, the licensee is deemed 21
80+to have: 22
7881
79- (d) The Board shall pay the cost of any examination made under this section.
82+ (1) Consented to submit to an examination under this section, if requested 23
83+by the Board in writing; and 24
8084
81-2–301.
85+ (2) Waived any claim of privilege as to the testimony or reports of a health 25
86+care provider who examines the licensee. 26
8287
83- (a) (1) Except as otherwise provided in this title, an individual shall be
84-licensed by the Board before the individual may practice audiology, hearing aid dispensing,
85-[or] speech–language pathology, OR MUSIC THERAPY , or assist in the practice of
86-speech–language pathology OR AUDIOLOGY in this State.
88+ (c) The failure or refusal of the licensee to submit to an examination required 27
89+under subsection (b) of this section is prima facie evidence of the licensee’s inability to 28
90+practice audiology, hearing aid dispensing, [or] speech–language pathology, OR MUSIC 29
91+THERAPY, or assist in the practice of speech–language pathology OR AUDIOLOGY 30
92+competently, unless the Board finds that the failure or refusal was beyond the control of 31
93+the licensee. 32
8794
88- (2) On or after October 1, 2007, an individual hired by a Maryland local
89-public school system, State–approved nonpublic school for handicapped children, or
90-chartered educational institution of the State to practice speech–language pathology or
91-assist in the practice of speech–language pathology, shall be licensed by the Board.
95+ (d) The Board shall pay the cost of any examination made under this section. 33
96+ SENATE BILL 103 3
9297
93- (b) (1) This section does not apply:
9498
95- (i) To an individual employed by any agency of the federal LAWRENCE J. HOGAN, JR., Governor Ch. 399
99+2–301. 1
96100
97-– 3 –
98-government performing the duties of that employment;
101+ (a) (1) Except as otherwise provided in this title, an individual shall be 2
102+licensed by the Board before the individual may practice audiology, hearing aid dispensing, 3
103+[or] speech–language pathology, OR MUSIC THERAPY , or assist in the practice of 4
104+speech–language pathology OR AUDIOLOGY in this State. 5
99105
100- (ii) To an individual continuously employed to practice audiology
101-since June 30, 1988, by a county public school system, a State–approved nonpublic school
102-for handicapped children, a chartered institution of the State, or the State Department of
103-Education while performing the duties of that employment;
106+ (2) On or after October 1, 2007, an individual hired by a Maryland local 6
107+public school system, State–approved nonpublic school for handicapped children, or 7
108+chartered educational institution of the State to practice speech–language pathology or 8
109+assist in the practice of speech–language pathology, shall be licensed by the Board. 9
104110
105- (iii) To an individual employed by a Maryland local public school
106-system, State–approved nonpublic school for handicapped children, or chartered
107-educational institution of the State or the State Department of Education to practice
108-speech–language pathology continuously since on or before September 30, 2007, while
109-performing the duties of that employment;
111+ (b) (1) This section does not apply: 10
110112
111- (iv) To a student or trainee in audiology or speech–language
112-pathology while pursuing a supervised course of study at an accredited university or college
113-or a recognized training center while the student is obtaining clinical practicum hours;
113+ (i) To an individual employed by any agency of the federal 11
114+government performing the duties of that employment; 12
114115
115- (v) To a volunteer while working in free speech and hearing
116-screening programs; or
116+ (ii) To an individual continuously employed to practice audiology 13
117+since June 30, 1988, by a county public school system, a State–approved nonpublic school 14
118+for handicapped children, a chartered institution of the State, or the State Department of 15
119+Education while performing the duties of that employment; 16
117120
118- (vi) To an individual licensed to practice audiology or
119-speech–language pathology in another state or a foreign country while the individual:
121+ (iii) To an individual employed by a Maryland local public school 17
122+system, State–approved nonpublic school for handicapped children, or cha rtered 18
123+educational institution of the State or the State Department of Education to practice 19
124+speech–language pathology continuously since on or before September 30, 2007, while 20
125+performing the duties of that employment; 21
120126
121- 1. Provides a clinical demonstration at a training or an
122-educational event in the State; or
127+ (iv) To a student or trainee in audiology or speech–language 22
128+pathology while pursuing a supervised course of study at an accredited university or college 23
129+or a recognized training center while the student is obtaining clinical practicum hours; 24
123130
124- 2. Receives clinical training at a training or an educational
125-event in the State.
131+ (v) To a volunteer while working in free speech and hearing 25
132+screening programs; or 26
126133
127- (2) The Board may allow an audiologist, hearing aid dispenser,
128-speech–language pathologist, [or] MUSIC THERAPIST , speech–language pathology
129-assistant, OR AUDIOLOGY ASSISTA NT licensed in another state to practice audiology,
130-hearing aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in
131-the practice of speech–language pathology OR AUDIOLOGY in this State without a license
132-if the [audiologist, hearing aid dispenser, speech–language pathologist, or speech–language
133-pathology assistant] APPLICANT has [a completed application for a license pending before
134-the Board]:
134+ (vi) To an individual licensed to practice audiology or 27
135+speech–language pathology in another state or a foreign country while the individual: 28
135136
136- (I) BEEN GRANTED PRELIMIN ARY APPROVAL BY THE BOARD
137-TO PRACTICE; AND
137+ 1. Provides a clinical demonstration at a training or an 29
138+educational event in the State; or 30
138139
139- (II) A COMPLETE D APPLICATION FOR A LI CENSE PENDING
140-BEFORE THE BOARD.
140+ 2. Receives clinical training at a training or an educational 31
141+event in the State. 32
141142
142-2–314. Ch. 399 2022 LAWS OF MARYLAND
143+ (2) The Board may allow an audiologist, hearing aid dispenser, 33
144+speech–language pathologist, [or] MUSIC THERAPIST , speech–language pathology 34
145+assistant, OR AUDIOLOGY ASSISTA NT licensed in another state to practice audiology, 35 4 SENATE BILL 103
143146
144-– 4 –
145147
146- Subject to the hearing provisions of § 2–315 of this subtitle, the Board may deny a
147-license or limited license to any applicant, reprimand any licensee or holder of a limited
148-license, place any licensee or holder of a limited license on probation, or suspend or revoke
149-a license or limited license if the applicant, licensee, or holder:
148+hearing aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in 1
149+the practice of speech–language pathology OR AUDIOLOGY in this State without a license 2
150+if the [audiologist, hearing aid dispenser, speech–language pathologist, or speech–language 3
151+pathology assistant] APPLICANT has [a completed application for a license pending before 4
152+the Board]: 5
150153
151- (1) Fraudulently or deceptively obtains or attempts to obtain a license or
152-limited license for the applicant, licensee, or holder or for another;
154+ (I) BEEN GRANTED PRELIMIN ARY APPROVAL BY THE BOARD 6
155+TO PRACTICE; AND 7
153156
154- (2) Fraudulently or deceptively uses a license or limited license;
157+ (II) A COMPLETE D APPLICATION FOR A LI CENSE PENDING 8
158+BEFORE THE BOARD. 9
155159
156- (3) Commits fraud or deceit in the practice of audiology, hearing aid
157-dispensing, or speech–language pathology, or assistance of the practice of speech–language
158-pathology OR AUDIOLOGY ;
160+2–314. 10
159161
160- (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a
161-crime involving moral turpitude, whether or not any appeal or other proceeding is pending
162-to have the conviction or plea set aside;
162+ Subject to the hearing provisions of § 2–315 of this subtitle, the Board may deny a 11
163+license or limited license to any applicant, reprimand any licensee or holder of a limited 12
164+license, place any licensee or holder of a limited license on probation, or suspend or revoke 13
165+a license or limited license if the applicant, licensee, or holder: 14
163166
164- (5) Obtains a fee through fraud or misrepresentation;
167+ (1) Fraudulently or deceptively obtains or attempts to obtain a license or 15
168+limited license for the applicant, licensee, or holder or for another; 16
165169
166- (6) Directly or indirectly employs any unlicensed person or any person
167-whose license or limited license has been suspended;
170+ (2) Fraudulently or deceptively uses a license or limited license; 17
168171
169- (7) Uses or promotes or causes the use of any misleading, deceiving,
170-improbable, or untruthful advertising matter, promotional literature, testimonial,
171-guarantee, warranty, label, brand, insignia, or other representation;
172+ (3) Commits fraud or deceit in the practice of audiology, hearing aid 18
173+dispensing, or speech–language pathology, or assistance of the practice of speech–language 19
174+pathology OR AUDIOLOGY ; 20
172175
173- (8) In the practice of audiology, hearing aid dispensing, or
174-speech–language pathology, or assistance of the practice of
175-speech–language pathology OR AUDIOLOGY :
176+ (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a 21
177+crime involving moral turpitude, whether or not any appeal or other proceeding is pending 22
178+to have the conviction or plea set aside; 23
176179
177- (i) Falsely represents the use or availability of services or advice of
178-a physician; or
180+ (5) Obtains a fee through fraud or misrepresentation; 24
179181
180- (ii) Misrepresents the applicant, licensee, or holder by using the
181-word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate;
182+ (6) Directly or indirectly employs any unlicensed person or any person 25
183+whose license or limited license has been suspended; 26
182184
183- (9) Permits another person to use the license of the licensee or limited
184-license of the holder;
185+ (7) Uses or promotes or causes the use of any misleading, deceiving, 27
186+improbable, or untruthful advertising matter, promotional literature, testimonial, 28
187+guarantee, warranty, label, brand, insignia, or other representation; 29
185188
186- (10) Commits any act of unprofessional conduct in the practice of audiology,
187-hearing aid dispensing, or speech–language pathology, or the assistance of the practice of
188-speech–language pathology OR AUDIOLOGY ;
189+ (8) In the practice of audiology, hearing aid dispensing, or 30
190+speech–language pathology, or assistance of the practice of 31
191+speech–language pathology OR AUDIOLOGY : 32
189192
190- (11) Violates any lawful order given or regulation adopted by the Board; LAWRENCE J. HOGAN, JR., Governor Ch. 399
193+ (i) Falsely represents the use or availability of services or advice of 33 SENATE BILL 103 5
191194
192-– 5 –
193195
194- (12) Violates any provision of this title;
196+a physician; or 1
195197
196- (13) Provides professional services while:
198+ (ii) Misrepresents the applicant, licensee, or holder by using the 2
199+word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate; 3
197200
198- (i) Under the influence of alcohol; or
201+ (9) Permits another person to use the license of the licensee or limited 4
202+license of the holder; 5
199203
200- (ii) Using any narcotic or controlled dangerous substance, as defined
201-in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic
202-amounts or without valid medical indication;
204+ (10) Commits any act of unprofessional conduct in the practice of audiology, 6
205+hearing aid dispensing, or speech–language pathology, or the assistance of the practice of 7
206+speech–language pathology OR AUDIOLOGY ; 8
203207
204- (14) Is disciplined by a licensing or disciplinary authority of any other state
205-or country or convicted or disciplined by a court of any state or country for an act that would
206-be grounds for disciplinary action under this section;
208+ (11) Violates any lawful order given or regulation adopted by the Board; 9
207209
208- (15) Practices audiology, hearing aid dispensing, or speech–language
209-pathology, or assists in the practice of speech–language pathology OR AUDIOLOGY with an
210-unauthorized person or supervises or aids an unauthorized person in the practice of
211-audiology, hearing aid dispensing, or speech–language pathology, or assistance of the
212-practice of speech–language pathology OR AUDIOLOGY ;
210+ (12) Violates any provision of this title; 10
213211
214- (16) Knowingly makes or files a false report or record in the practice of
215-audiology, hearing aid dispensing, or speech–language pathology, or assistance in the
216-practice of speech–language pathology OR AUDIOLOGY ;
212+ (13) Provides professional services while: 11
217213
218- (17) Knowingly fails to file or record any report as required by law, willfully
219-impedes or obstructs the filing or recording of the report, or induces another to fail to file
220-or record the report;
214+ (i) Under the influence of alcohol; or 12
221215
222- (18) Submits a false statement to collect a fee;
216+ (ii) Using any narcotic or controlled dangerous substance, as defined 13
217+in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 14
218+amounts or without valid medical indication; 15
223219
224- (19) Is professionally, physically, or mentally incompetent;
220+ (14) Is disciplined by a licensing or disciplinary authority of any other state 16
221+or country or convicted or disciplined by a court of any state or country for an act that would 17
222+be grounds for disciplinary action under this section; 18
225223
226- (20) Promotes the sale of devices, appliances, or goods to a patient so as to
227-exploit the patient for financial gain;
224+ (15) Practices audiology, hearing aid dispensing, or speech–language 19
225+pathology, or assists in the practice of speech–language pathology OR AUDIOLOGY with an 20
226+unauthorized person or supervises or aids an unauthorized person in the practice of 21
227+audiology, hearing aid dispensing, or speech–language pathology, or assistance of the 22
228+practice of speech–language pathology OR AUDIOLOGY ; 23
228229
229- (21) Behaves immorally in the practice of audiology, hearing aid dispensing,
230-or speech–language pathology, or assistance of the practice of speech–language pathology
231-OR AUDIOLOGY ;
230+ (16) Knowingly makes or files a false report or record in the practice of 24
231+audiology, hearing aid dispensing, or speech–language pathology, or assistance in the 25
232+practice of speech–language pathology OR AUDIOLOGY ; 26
232233
233- (22) Refuses, withholds from, denies, or discriminates against an individual
234-with regard to the provision of professional services for which the licensee is licensed and
235-qualified to render because the individual is HIV positive;
234+ (17) Knowingly fails to file or record any report as required by law, willfully 27
235+impedes or obstructs the filing or recording of the report, or induces another to fail to file 28
236+or record the report; 29
236237
237- (23) Pays or agrees to pay any sum to any person for bringing or referring a
238-patient; Ch. 399 2022 LAWS OF MARYLAND
238+ (18) Submits a false statement to collect a fee; 30
239239
240-– 6 –
240+ (19) Is professionally, physically, or mentally incompetent; 31
241241
242- (24) Fails to submit to a criminal history records check in accordance with §
243-2–303.1 of this subtitle; or
242+ (20) Promotes the sale of devices, appliances, or goods to a patient so as to 32 6 SENATE BILL 103
244243
245- (25) Supervises or aids an unauthorized individual in the assistance of
246-audiology.
247244
248-2–319.
245+exploit the patient for financial gain; 1
249246
250- (a) (1) A licensed speech–language pathologist may delegate duties to an
251-assistant within the scope of practice and supervision guidelines in the regulations adopted
252-under [subsection (b) of this section] PARAGRAPH (2) OF THIS SUBSECTION .
247+ (21) Behaves immorally in the practice of audiology, hearing aid dispensing, 2
248+or speech–language pathology, or assistance of the practice of speech–language pathology 3
249+OR AUDIOLOGY ; 4
253250
254- [(b)] (2) The Board shall adopt regulations to establish qualifications and scope
255-of practice for the position of a speech–language pathology assistant and the requirements
256-for the supervision of a speech–language pathology assistant by a supervisor of a
257-speech–language pathology assistant.
251+ (22) Refuses, withholds from, denies, or discriminates against an individual 5
252+with regard to the provision of professional services for which the licensee is licensed and 6
253+qualified to render because the individual is HIV positive; 7
258254
259- (B) (1) A LICENSED AUDIOLOGIST MAY DELE GATE DUTIES TO AN
260-ASSISTANT WITHIN THE SCOPE OF PRACTICE AN D SUPERVISION GUIDEL INES IN THE
261-REGULATIONS ADOPTED UNDER PARAGRAPH (2) OF THIS SUBSECTION .
255+ (23) Pays or agrees to pay any sum to any person for bringing or referring a 8
256+patient; 9
262257
263- (2) THE BOARD SHALL ADOPT REG ULATIONS TO ESTABLISH
264-QUALIFICATIONS AND S COPE OF PRACTICE FOR THE POSITION OF AN A UDIOLOGY
265-ASSISTANT AND THE RE QUIREMENTS FOR THE S UPERVISION OF AN AUDIOLOGY
266-ASSISTANT BY A SUPER VISOR OF AN AUDIOLOG Y ASSISTANT.
258+ (24) Fails to submit to a criminal history records check in accordance with § 10
259+2–303.1 of this subtitle; or 11
267260
268-2–4A–14.
261+ (25) Supervises or aids an unauthorized individual in the assistance of 12
262+audiology. 13
269263
270- Subject to the hearing provisions of § 2–4A–16 of this subtitle, the Board, on the
271-affirmative vote of a majority of its members then serving, may deny a license to an
272-applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke the
273-license of a licensee if the applicant or licensee:
264+2–319. 14
274265
275- (1) Fraudulently or deceptively obtains or attempts to obtain a license for
276-the applicant or licensee or for another;
266+ (a) (1) A licensed speech–language pathologist may delegate duties to an 15
267+assistant within the scope of practice and supervision guidelines in the regulations adopted 16
268+under [subsection (b) of this section] PARAGRAPH (2) OF THIS SUBSECTION . 17
277269
278- (2) Fraudulently or deceptively uses a license;
270+ [(b)] (2) The Board shall adopt regulations to establish qualifications and scope 18
271+of practice for the position of a speech–language pathology assistant and the requirements 19
272+for the supervision of a speech–language pathology assistant by a supervisor of a 20
273+speech–language pathology assistant. 21
279274
280- (3) Is convicted of or pleads guilty or nolo contendere to a felony or a crime
281-involving moral turpitude, whether or not an appeal or other proceeding is pending to have
282-the conviction or plea set aside;
275+ (B) (1) A LICENSED AUDIOLOGIST MAY DELE GATE DUTIES TO AN 22
276+ASSISTANT WITHIN THE SCOPE OF PRACTICE AN D SUPERVISION GUIDEL INES IN THE 23
277+REGULATIONS ADOPTED UNDER PARAGRAPH (2) OF THIS SUBSECTION . 24
283278
284- (4) Aids or abets an unauthorized person in practicing music therapy or
285-self–representing as a music therapist; LAWRENCE J. HOGAN, JR., Governor Ch. 399
279+ (2) THE BOARD SHALL ADOPT REG ULATIONS T O ESTABLISH 25
280+QUALIFICATIONS AND S COPE OF PRACTICE FOR THE POSITION OF AN A UDIOLOGY 26
281+ASSISTANT AND THE RE QUIREMENTS FOR THE S UPERVISION OF AN AUDIOLOGY 27
282+ASSISTANT BY A SUPER VISOR OF AN AUDIOLOG Y ASSISTANT. 28
286283
287-– 7 –
284+2–4A–14. 29
288285
289- (5) Practices music therapy fraudulently or deceitfully;
286+ Subject to the hearing provisions of § 2–4A–16 of this subtitle, the Board, on the 30
287+affirmative vote of a majority of its members then serving, may deny a license to an 31
288+applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke the 32
289+license of a licensee if the applicant or licensee: 33
290+ SENATE BILL 103 7
290291
291- (6) Violates the code of ethics adopted by the Board under § 2–4A–03(2) of
292-this subtitle;
293292
294- (7) Willfully fails to file or record any report as required under law,
295-willfully impedes or obstructs the filing or recording of a report, or induces another to fail
296-to file or record a report;
293+ (1) Fraudulently or deceptively obtains or attempts to obtain a license for 1
294+the applicant or licensee or for another; 2
297295
298- (8) Submits a false statement to collect a fee;
296+ (2) Fraudulently or deceptively uses a license; 3
299297
300- (9) Willfully makes or files a false report or record in the practice of music
301-therapy;
298+ (3) Is convicted of or pleads guilty or nolo contendere to a felony or a crime 4
299+involving moral turpitude, whether or not an appeal or other proceeding is pending to have 5
300+the conviction or plea set aside; 6
302301
303- (10) Is disciplined by a licensing or disciplinary authority of any state or
304-country, convicted or disciplined by a court of any state or country, or disciplined by any
305-branch of the United States uniformed services or the United States Department of
306-Veterans Affairs for an act that would be grounds for disciplinary action under this section;
302+ (4) Aids or abets an unauthorized person in practicing music therapy or 7
303+self–representing as a music therapist; 8
307304
308- (11) Violates any provision of this subtitle or any regulation adopted by the
309-Board;
305+ (5) Practices music therapy fraudulently or deceitfully; 9
310306
311- (12) Uses or promotes or causes the use or promotion of any misleading,
312-deceiving, or untruthful advertising matter, promotional literature, or testimonial;
307+ (6) Violates the code of ethics adopted by the Board under § 2–4A–03(2) of 10
308+this subtitle; 11
313309
314- (13) Is professionally, physically, or mentally incompetent;
310+ (7) Willfully fails to file or record any report as required under law, 12
311+willfully impedes or obstructs the filing or recording of a report, or induces another to fail 13
312+to file or record a report; 14
315313
316- (14) Promotes the sale of devices, appliances, or goods to a patient so as to
317-exploit the patient for financial gain;
314+ (8) Submits a false statement to collect a fee; 15
318315
319- (15) Behaves immorally in the practice of music therapy;
316+ (9) Willfully makes or files a false report or record in the practice of music 16
317+therapy; 17
320318
321- (16) Commits an act of unprofessional conduct in the practice of music
322-therapy;
319+ (10) Is disciplined by a licensing or disciplinary authority of any state or 18
320+country, convicted or disciplined by a court of any state or country, or disciplined by any 19
321+branch of the United States uniformed services or the United States Department of 20
322+Veterans Affairs for an act that would be grounds for disciplinary action under this section; 21
323323
324- (17) Refuses, withholds from, denies, or discriminates against an individual
325-with regard to the provision of professional services for which the licensee is licensed and
326-qualified to render because the individual is HIV positive;
324+ (11) Violates any provision of this subtitle or any regulation adopted by the 22
325+Board; 23
327326
328- (18) Fails to cooperate with a lawful investigation conducted by the Board;
327+ (12) Uses or promotes or causes the use or promotion of any misleading, 24
328+deceiving, or untruthful advertising matter, promotional literature, or testimonial; 25
329329
330- (19) Commits an act that is inconsistent with genera lly accepted
331-professional standards in the practice of music therapy;
330+ (13) Is professionally, physically, or mentally incompetent; 26
332331
333- (20) Fails to submit to a criminal history records check in accordance with § Ch. 399 2022 LAWS OF MARYLAND
332+ (14) Promotes the sale of devices, appliances, or goods to a patient so as to 27
333+exploit the patient for financial gain; 28
334334
335-– 8 –
336-2–303.1 of this title;
335+ (15) Behaves immorally in the practice of music therapy; 29
337336
338- (21) Habitually is intoxicated;
337+ (16) Commits an act of unprofessional conduct in the practice of music 30
338+therapy; 31
339+ 8 SENATE BILL 103
339340
340- (22) Provides professional services while under the influence of alcohol or
341-while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the
342-Criminal Law Article, or other drug that is in excess of therapeutic amounts or without
343-valid medical indication; [or]
344341
345- (23) Knowingly fails to report suspected child abuse in violation of § 5–704
346-of the Family Law Article;
342+ (17) Refuses, withholds from, denies, or discriminates against an individual 1
343+with regard to the provision of professional services for which the licensee is licensed and 2
344+qualified to render because the individual is HIV positive; 3
347345
348- (24) IN THE PRACTICE OF MUSIC THERAPY :
346+ (18) Fails to cooperate with a lawful investigation conducted by the Board; 4
349347
350- (I) FALSELY REPRESENTS TH E USE OR AVAILABILIT Y OF
351-SERVICES OR ADVICE O F A PHYSICIAN; OR
348+ (19) Commits an act that is inconsistent with generally accept ed 5
349+professional standards in the practice of music therapy; 6
352350
353- (II) MISREPRESENTS THE APP LICANT, LICENSEE, OR HOLDER
354-BY USING THE WORD “DOCTOR” OR ANY SIMILAR WORD , ABBREVIATION , OR SYMBOL
355-IF THE USE IS NOT AC CURATE; OR
351+ (20) Fails to submit to a criminal history records check in accordance with § 7
352+2–303.1 of this title; 8
356353
357- (25) PRACTICES MUSIC THERA PY WITH AN UNAUTHORI ZED PERSON
358-OR SUPERVISES OR AID S AN UNAUTHORIZED PERSON IN THE PRACTICE OF M USIC
359-THERAPY.
354+ (21) Habitually is intoxicated; 9
360355
361-2–4A–21.
356+ (22) Provides professional services while under the influence of alcohol or 10
357+while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the 11
358+Criminal Law Article, or other drug that is in excess of therapeutic amounts or without 12
359+valid medical indication; [or] 13
362360
363- (a) In this section, “music therapist rehabilitation [subcommittee”]
364-COMMITTEE ” means a [subcommittee] COMMITTEE of the Board that:
361+ (23) Knowingly fails to report suspected child abuse in violation of § 5–704 14
362+of the Family Law Article; 15
365363
366- (1) Is recognized by the Board;
364+ (24) IN THE PRACTICE OF MUSIC THERAPY : 16
367365
368- (2) Includes music therapists; and
366+ (I) FALSELY REPRESENTS TH E USE OR AVAILABILIT Y OF 17
367+SERVICES OR ADVICE O F A PHYSICIAN; OR 18
369368
370- (3) Evaluates and provides assistance to any music therapist in need of
371-treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other
372-physical, emotional, or mental condition.
369+ (II) MISREPRESENTS THE APP LICANT, LICENSEE, OR HOLDER 19
370+BY USING THE WORD “DOCTOR” OR ANY SIMILAR WORD , ABBREVIATION , OR SYMBOL 20
371+IF THE USE IS NOT AC CURATE; OR 21
373372
374- (b) The music therapist rehabilitation [subcommittee] COMMITTEE may
375-function:
373+ (25) PRACTICES MUSIC THERA PY WITH AN UNAUTHORI ZED PERSON 22
374+OR SUPERVISES OR AID S AN UNAUTHORIZED PE RSON IN THE PRACTICE OF M USIC 23
375+THERAPY. 24
376376
377- (1) Solely for the Board; or
377+2–4A–21. 25
378378
379- (2) Jointly with a rehabilitation committee representing another board or
380-boards. LAWRENCE J. HOGAN, JR., Governor Ch. 399
379+ (a) In this section, “music therapist rehabilitation [subcommittee”] 26
380+COMMITTEE ” means a [subcommittee] COMMITTEE of the Board that: 27
381381
382-– 9 –
382+ (1) Is recognized by the Board; 28
383383
384- (c) (1) Except as otherwise provided in this subsection, the proceedings,
385-records, and files of the music therapist rehabilitation [subcommittee] COMMITTEE are
386-not discoverable and are not admissible in evidence in any civil action arising out of the
387-matters that are being or have been reviewed and evaluated by the music therapist
388-rehabilitation [subcommittee] COMMITTEE .
384+ (2) Includes music therapists; and 29
389385
390- (2) Paragraph (1) of this subsection does not apply to any record or
391-document that is considered by the music therapist rehabilitation [subcommittee]
392-COMMITTEE and that otherwise would be subject to discovery or introduction into evidence
393-in a civil action.
386+ (3) Evaluates and provides assistance to any music therapist in need of 30
387+treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other 31 SENATE BILL 103 9
394388
395- (3) For purposes of this subsection, civil action does not include a
396-proceeding before the Board or judicial review of a proceeding before the Board.
397389
398- (d) An individual who acts in good faith and within the scope of jurisdiction of the
399-music therapist rehabilitation [subcommittee] COMMITTEE is not civilly liable for any
400-action as a member of the music therapist rehabilitation [subcommittee] COMMITTEE or
401-for giving information to, participating in, or contributing to the function of the music
402-therapist rehabilitation [subcommittee] COMMITTEE .
390+physical, emotional, or mental condition. 1
403391
404- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
405-1, 2022.
392+ (b) The music therapist rehabilitation [subcommittee] COMMITTEE may 2
393+function: 3
406394
407-Approved by the Governor, May 16, 2022.
395+ (1) Solely for the Board; or 4
396+
397+ (2) Jointly with a rehabilitation committee representing another board or 5
398+boards. 6
399+
400+ (c) (1) Except as otherwise provided in this subsection, the proceedings, 7
401+records, and files of the music therapist rehabilitation [subcommittee] COMMITTEE are 8
402+not discoverable and are not admissible in evidence in any civil action arising out of the 9
403+matters that are being or have been reviewed and evaluated by the music therapist 10
404+rehabilitation [subcommittee] COMMITTEE. 11
405+
406+ (2) Paragraph (1) of this subsection does not apply to any record or 12
407+document that is considered by the music therapist rehabilitation [subcommittee] 13
408+COMMITTEE and that otherwise would be subject to discovery or introduction into evidence 14
409+in a civil action. 15
410+
411+ (3) For purposes of this subsection, civil action does not include a 16
412+proceeding before the Board or judicial review of a proceeding before the Board. 17
413+
414+ (d) An individual who acts in good faith and within the scope of jurisdiction of the 18
415+music therapist rehabilitation [subcommittee] COMMITTEE is not civilly liable for any 19
416+action as a member of the music therapist rehabilitation [subcommittee] COMMITTEE or 20
417+for giving information to, participating in, or contributing to the function of the music 21
418+therapist rehabilitation [subcommittee] COMMITTEE . 22
419+
420+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
421+1, 2022. 24
422+
423+
424+
425+Approved:
426+________________________________________________________________________________
427+ Governor.
428+________________________________________________________________________________
429+ President of the Senate.
430+________________________________________________________________________________
431+ Speaker of the House of Delegates.