LAWRENCE J. HOGAN, JR., Governor Ch. 399
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Chapter 399
(Senate Bill 103)
AN ACT concerning
State Board of Examiners for Audiologists, Hearing Aid Dispensers,
Speech–Language Pathologists, and Music Therapists – Revisions
FOR the purpose of altering certain requirements for the licensing and regulation of
audiologists, hearing aid dispensers, speech–language pathologists, and music
therapists, including clarifying quorum requirements for the State Board of
Examiners for Audiologists, Hearing Aid Dispensers, Speech –Language
Pathologists, and Music Therapists, license reciprocity, professional disciplinary
grounds, and delegation authority for audiologists; and generally relating to the
State Board of Examiners for Audiolog ists, Hearing Aid Dispensers,
Speech–Language Pathologists, and Music Therapists.
BY repealing and reenacting, without amendments,
Article – Health Occupations
Section 2–201
Annotated Code of Maryland
(2021 Replacement Volume)
BY repealing and reenacting, with amendments,
Article – Health Occupations
Section 2–204(a), 2–205.1, 2–301, 2–314, 2–319, 2–4A–14, and 2–4A–21
Annotated Code of Maryland
(2021 Replacement Volume)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health Occupations
2–201.
There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers,
Speech–Language Pathologists, and Music Therapists in the Department.
2–204.
(a) A majority of the members currently serving on the Board, with at least 1
[member of each profession ] AUDIOLOGIST, HEARING AID DISPENSE R,
SPEECH–LANGUAGE PATHOLOGIST , AND MUSIC THERAPIST regulated under the
provisions of this title being present, is a quorum to do business. Ch. 399 2022 LAWS OF MARYLAND
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2–205.1.
(a) While investigating an allegation against a licensee under this title, the Board
may require the licensee to submit to an appropriate examination by a health care provider
designated by the Board if the Board has reason to believe that the licensee may cause
harm to a person affected by the licensee’s practice of audiology, hearing aid dispensing,
[or] speech–language pathology, OR MUSIC THERAPY , or assistance in the practice of
speech–language pathology OR AUDIOLOGY .
(b) In return for the privilege given to a licensee to practice audiology, hearing
aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in the
practice of speech–language pathology OR AUDIOLOGY in the State, the licensee is deemed
to have:
(1) Consented to submit to an examination under this section, if requested
by the Board in writing; and
(2) Waived any claim of privilege as to the testimony or reports of a health
care provider who examines the licensee.
(c) The failure or refusal of the licensee to submit to an examination required
under subsection (b) of this section is prima facie evidence of the licensee’s inability to
practice audiology, hearing aid dispensing, [or] speech–language pathology, OR MUSIC
THERAPY, or assist in the practice of speech–language pathology OR AUDIOLOGY
competently, unless the Board finds that the failure or refusal was beyond the control of
the licensee.
(d) The Board shall pay the cost of any examination made under this section.
2–301.
(a) (1) Except as otherwise provided in this title, an individual shall be
licensed by the Board before the individual may practice audiology, hearing aid dispensing,
[or] speech–language pathology, OR MUSIC THERAPY , or assist in the practice of
speech–language pathology OR AUDIOLOGY in this State.
(2) On or after October 1, 2007, an individual hired by a Maryland local
public school system, State–approved nonpublic school for handicapped children, or
chartered educational institution of the State to practice speech–language pathology or
assist in the practice of speech–language pathology, shall be licensed by the Board.
(b) (1) This section does not apply:
(i) To an individual employed by any agency of the federal LAWRENCE J. HOGAN, JR., Governor Ch. 399
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government performing the duties of that employment;
(ii) To an individual continuously employed to practice audiology
since June 30, 1988, by a county public school system, a State–approved nonpublic school
for handicapped children, a chartered institution of the State, or the State Department of
Education while performing the duties of that employment;
(iii) To an individual employed by a Maryland local public school
system, State–approved nonpublic school for handicapped children, or chartered
educational institution of the State or the State Department of Education to practice
speech–language pathology continuously since on or before September 30, 2007, while
performing the duties of that employment;
(iv) To a student or trainee in audiology or speech–language
pathology while pursuing a supervised course of study at an accredited university or college
or a recognized training center while the student is obtaining clinical practicum hours;
(v) To a volunteer while working in free speech and hearing
screening programs; or
(vi) To an individual licensed to practice audiology or
speech–language pathology in another state or a foreign country while the individual:
1. Provides a clinical demonstration at a training or an
educational event in the State; or
2. Receives clinical training at a training or an educational
event in the State.
(2) The Board may allow an audiologist, hearing aid dispenser,
speech–language pathologist, [or] MUSIC THERAPIST , speech–language pathology
assistant, OR AUDIOLOGY ASSISTA NT licensed in another state to practice audiology,
hearing aid dispensing, [or] speech–language pathology, OR MUSIC THERAPY , or assist in
the practice of speech–language pathology OR AUDIOLOGY in this State without a license
if the [audiologist, hearing aid dispenser, speech–language pathologist, or speech–language
pathology assistant] APPLICANT has [a completed application for a license pending before
the Board]:
(I) BEEN GRANTED PRELIMIN ARY APPROVAL BY THE BOARD
TO PRACTICE; AND
(II) A COMPLETE D APPLICATION FOR A LI CENSE PENDING
BEFORE THE BOARD.
2–314. Ch. 399 2022 LAWS OF MARYLAND
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Subject to the hearing provisions of § 2–315 of this subtitle, the Board may deny a
license or limited license to any applicant, reprimand any licensee or holder of a limited
license, place any licensee or holder of a limited license on probation, or suspend or revoke
a license or limited license if the applicant, licensee, or holder:
(1) Fraudulently or deceptively obtains or attempts to obtain a license or
limited license for the applicant, licensee, or holder or for another;
(2) Fraudulently or deceptively uses a license or limited license;
(3) Commits fraud or deceit in the practice of audiology, hearing aid
dispensing, or speech–language pathology, or assistance of the practice of speech–language
pathology OR AUDIOLOGY ;
(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a
crime involving moral turpitude, whether or not any appeal or other proceeding is pending
to have the conviction or plea set aside;
(5) Obtains a fee through fraud or misrepresentation;
(6) Directly or indirectly employs any unlicensed person or any person
whose license or limited license has been suspended;
(7) Uses or promotes or causes the use of any misleading, deceiving,
improbable, or untruthful advertising matter, promotional literature, testimonial,
guarantee, warranty, label, brand, insignia, or other representation;
(8) In the practice of audiology, hearing aid dispensing, or
speech–language pathology, or assistance of the practice of
speech–language pathology OR AUDIOLOGY :
(i) Falsely represents the use or availability of services or advice of
a physician; or
(ii) Misrepresents the applicant, licensee, or holder by using the
word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate;
(9) Permits another person to use the license of the licensee or limited
license of the holder;
(10) Commits any act of unprofessional conduct in the practice of audiology,
hearing aid dispensing, or speech–language pathology, or the assistance of the practice of
speech–language pathology OR AUDIOLOGY ;
(11) Violates any lawful order given or regulation adopted by the Board; LAWRENCE J. HOGAN, JR., Governor Ch. 399
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(12) Violates any provision of this title;
(13) Provides professional services while:
(i) Under the influence of alcohol; or
(ii) Using any narcotic or controlled dangerous substance, as defined
in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic
amounts or without valid medical indication;
(14) Is disciplined by a licensing or disciplinary authority of any other state
or country or convicted or disciplined by a court of any state or country for an act that would
be grounds for disciplinary action under this section;
(15) Practices audiology, hearing aid dispensing, or speech–language
pathology, or assists in the practice of speech–language pathology OR AUDIOLOGY with an
unauthorized person or supervises or aids an unauthorized person in the practice of
audiology, hearing aid dispensing, or speech–language pathology, or assistance of the
practice of speech–language pathology OR AUDIOLOGY ;
(16) Knowingly makes or files a false report or record in the practice of
audiology, hearing aid dispensing, or speech–language pathology, or assistance in the
practice of speech–language pathology OR AUDIOLOGY ;
(17) Knowingly fails to file or record any report as required by law, willfully
impedes or obstructs the filing or recording of the report, or induces another to fail to file
or record the report;
(18) Submits a false statement to collect a fee;
(19) Is professionally, physically, or mentally incompetent;
(20) Promotes the sale of devices, appliances, or goods to a patient so as to
exploit the patient for financial gain;
(21) Behaves immorally in the practice of audiology, hearing aid dispensing,
or speech–language pathology, or assistance of the practice of speech–language pathology
OR AUDIOLOGY ;
(22) Refuses, withholds from, denies, or discriminates against an individual
with regard to the provision of professional services for which the licensee is licensed and
qualified to render because the individual is HIV positive;
(23) Pays or agrees to pay any sum to any person for bringing or referring a
patient; Ch. 399 2022 LAWS OF MARYLAND
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(24) Fails to submit to a criminal history records check in accordance with §
2–303.1 of this subtitle; or
(25) Supervises or aids an unauthorized individual in the assistance of
audiology.
2–319.
(a) (1) A licensed speech–language pathologist may delegate duties to an
assistant within the scope of practice and supervision guidelines in the regulations adopted
under [subsection (b) of this section] PARAGRAPH (2) OF THIS SUBSECTION .
[(b)] (2) The Board shall adopt regulations to establish qualifications and scope
of practice for the position of a speech–language pathology assistant and the requirements
for the supervision of a speech–language pathology assistant by a supervisor of a
speech–language pathology assistant.
(B) (1) A LICENSED AUDIOLOGIST MAY DELE GATE DUTIES TO AN
ASSISTANT WITHIN THE SCOPE OF PRACTICE AN D SUPERVISION GUIDEL INES IN THE
REGULATIONS ADOPTED UNDER PARAGRAPH (2) OF THIS SUBSECTION .
(2) THE BOARD SHALL ADOPT REG ULATIONS TO ESTABLISH
QUALIFICATIONS AND S COPE OF PRACTICE FOR THE POSITION OF AN A UDIOLOGY
ASSISTANT AND THE RE QUIREMENTS FOR THE S UPERVISION OF AN AUDIOLOGY
ASSISTANT BY A SUPER VISOR OF AN AUDIOLOG Y ASSISTANT.
2–4A–14.
Subject to the hearing provisions of § 2–4A–16 of this subtitle, the Board, on the
affirmative vote of a majority of its members then serving, may deny a license to an
applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke the
license of a licensee if the applicant or licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license for
the applicant or licensee or for another;
(2) Fraudulently or deceptively uses a license;
(3) Is convicted of or pleads guilty or nolo contendere to a felony or a crime
involving moral turpitude, whether or not an appeal or other proceeding is pending to have
the conviction or plea set aside;
(4) Aids or abets an unauthorized person in practicing music therapy or
self–representing as a music therapist; LAWRENCE J. HOGAN, JR., Governor Ch. 399
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(5) Practices music therapy fraudulently or deceitfully;
(6) Violates the code of ethics adopted by the Board under § 2–4A–03(2) of
this subtitle;
(7) Willfully fails to file or record any report as required under law,
willfully impedes or obstructs the filing or recording of a report, or induces another to fail
to file or record a report;
(8) Submits a false statement to collect a fee;
(9) Willfully makes or files a false report or record in the practice of music
therapy;
(10) Is disciplined by a licensing or disciplinary authority of any state or
country, convicted or disciplined by a court of any state or country, or disciplined by any
branch of the United States uniformed services or the United States Department of
Veterans Affairs for an act that would be grounds for disciplinary action under this section;
(11) Violates any provision of this subtitle or any regulation adopted by the
Board;
(12) Uses or promotes or causes the use or promotion of any misleading,
deceiving, or untruthful advertising matter, promotional literature, or testimonial;
(13) Is professionally, physically, or mentally incompetent;
(14) Promotes the sale of devices, appliances, or goods to a patient so as to
exploit the patient for financial gain;
(15) Behaves immorally in the practice of music therapy;
(16) Commits an act of unprofessional conduct in the practice of music
therapy;
(17) Refuses, withholds from, denies, or discriminates against an individual
with regard to the provision of professional services for which the licensee is licensed and
qualified to render because the individual is HIV positive;
(18) Fails to cooperate with a lawful investigation conducted by the Board;
(19) Commits an act that is inconsistent with genera lly accepted
professional standards in the practice of music therapy;
(20) Fails to submit to a criminal history records check in accordance with § Ch. 399 2022 LAWS OF MARYLAND
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2–303.1 of this title;
(21) Habitually is intoxicated;
(22) Provides professional services while under the influence of alcohol or
while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the
Criminal Law Article, or other drug that is in excess of therapeutic amounts or without
valid medical indication; [or]
(23) Knowingly fails to report suspected child abuse in violation of § 5–704
of the Family Law Article;
(24) IN THE PRACTICE OF MUSIC THERAPY :
(I) FALSELY REPRESENTS TH E USE OR AVAILABILIT Y OF
SERVICES OR ADVICE O F A PHYSICIAN; OR
(II) MISREPRESENTS THE APP LICANT, LICENSEE, OR HOLDER
BY USING THE WORD “DOCTOR” OR ANY SIMILAR WORD , ABBREVIATION , OR SYMBOL
IF THE USE IS NOT AC CURATE; OR
(25) PRACTICES MUSIC THERA PY WITH AN UNAUTHORI ZED PERSON
OR SUPERVISES OR AID S AN UNAUTHORIZED PERSON IN THE PRACTICE OF M USIC
THERAPY.
2–4A–21.
(a) In this section, “music therapist rehabilitation [subcommittee”]
COMMITTEE ” means a [subcommittee] COMMITTEE of the Board that:
(1) Is recognized by the Board;
(2) Includes music therapists; and
(3) Evaluates and provides assistance to any music therapist in need of
treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other
physical, emotional, or mental condition.
(b) The music therapist rehabilitation [subcommittee] COMMITTEE may
function:
(1) Solely for the Board; or
(2) Jointly with a rehabilitation committee representing another board or
boards. LAWRENCE J. HOGAN, JR., Governor Ch. 399
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(c) (1) Except as otherwise provided in this subsection, the proceedings,
records, and files of the music therapist rehabilitation [subcommittee] COMMITTEE are
not discoverable and are not admissible in evidence in any civil action arising out of the
matters that are being or have been reviewed and evaluated by the music therapist
rehabilitation [subcommittee] COMMITTEE .
(2) Paragraph (1) of this subsection does not apply to any record or
document that is considered by the music therapist rehabilitation [subcommittee]
COMMITTEE and that otherwise would be subject to discovery or introduction into evidence
in a civil action.
(3) For purposes of this subsection, civil action does not include a
proceeding before the Board or judicial review of a proceeding before the Board.
(d) An individual who acts in good faith and within the scope of jurisdiction of the
music therapist rehabilitation [subcommittee] COMMITTEE is not civilly liable for any
action as a member of the music therapist rehabilitation [subcommittee] COMMITTEE or
for giving information to, participating in, or contributing to the function of the music
therapist rehabilitation [subcommittee] COMMITTEE .
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, May 16, 2022.