REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 9, 18, 22)
A.B. 177
- *AB177*
ASSEMBLY BILL NO. 177–ASSEMBLYMEMBER GONZÁLEZ
PREFILED FEBRUARY 2, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes relating to audiology, fitting
and dispensing hearing aids and speech-language
pathology. (BDR 54-199)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to professions; providing for the licensure of
speech-language pathology assistants; authorizing certain
persons to engage in the supervised practice of speech-
language pathology; establishing requirements for hearing
aid specialists to provide tinnitus care; revising the scope
of practice of audiologists, hearing aid specialists and
speech-language pathologists; requiring certain persons to
be licensed and regulated as audiologists or speech-
language pathologists; increasing the maximum amount
of certain fees; revising the required qualifications for and
processes for issuing certain licenses; eliminating the
requirement for a licensed audiologist to obtain an
endorsement before engaging in the practice of fitting and
dispensing hearing aids; revising provisions relating to the
sale of hearing aids; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) with certain exceptions, requires a person who engages in the 1
practice of audiology, fitting and dispensing hearing aids or speech-language 2
pathology to be licensed by the Speech-Language Pathology, Audiology and 3
Hearing Aid Dispensing Board; and (2) prescribes the qualifications necessary to 4
obtain such licenses. (NRS 637B.160, 637B.193-637B.204, 637B.290) Section 15 5
of this bill expands the activities that constitute the practice of fitting and 6
dispensing hearing aids to include: (1) tinnitus care, when performed by a hearing 7
aid specialist with the qualifications prescribed in section 11 of this bill; and (2) the 8
removal of cerumen in the course of inspecting ears or fitting and maintaining 9
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hearing instruments. Section 15 thereby authorizes a hearing aid specialist to 10
engage in those activities under the specified conditions. Section 16 of this bill 11
expands the activities that constitute the practice of speech-language pathology to 12
include the use of stroboscopy, in addition to nasal endoscopy, for evaluating and 13
treating certain disorders. Section 16 also revises terminology used to refer to 14
certain procedures that currently constitute the practice of speech-language 15
pathology. Section 22 of this bill increases the maximum amount of certain fees 16
relating to such licensure. Sections 27-29 of this bill authorize an applicant for 17
certain types of licenses which require the applicant to hold a license in another 18
state to satisfy this requirement by holding the required license in the District of 19
Columbia or any state or territory of the United States. Section 30 of this bill 20
revises the procedures for issuing an expedited license by endorsement to practice 21
audiology or speech-language pathology. Existing law authorizes the Board to issue 22
a provisional license to practice audiology or speech-language pathology to certain 23
applicants affiliated with the military who are awaiting a decision by the Board on 24
an application for an expedited license by endorsement. (NRS 637B.204) Section 25
39 of this bill repeals that authority, thereby making the procedures for issuing an 26
expedited license by endorsement under section 30 applicable to all applicants for 27
such a license. Sections 21 and 22 of this bill remove references to the repealed 28
section. 29
Existing law authorizes a student who is pursuing a degree in speech-language 30
pathology at certain institutions to engage in the unlicensed practice of speech-31
language pathology. (NRS 637B.080) Existing law authorizes the Board to issue a 32
provisional license to engage in the practice of speech-language pathology to a 33
person in the process of completing certain clinical fellowship requirements. (NRS 34
637B.201) Section 3 of this bill defines the term “speech-language pathology 35
provisional licensee” to refer to the holder of such a provisional license. Section 26 36
of this bill makes a conforming change to appropriately substitute the term defined 37
by section 3. Section 9 of this bill authorizes the Board to issue a license as a 38
speech-language pathology assistant and prescribes the qualifications for such a 39
license. Section 9 also requires the Board to adopt regulations governing the 40
licensure and practice of speech-language pathology assistants. Section 10 of this 41
bill authorizes a speech-language pathology assistant, a speech-language pathology 42
provisional licensee or a speech-language pathology student to engage in the 43
practice of speech-language pathology only under the supervision of a supervising 44
speech-language pathologist. Section 18 of this bill makes a conforming change to 45
reflect that a student engaged in the supervised practice of speech-language 46
pathology is subject to regulation by the Board pursuant to section 10. Sections 35-47
38 of this bill make conforming changes to clarify that a student who is engaging in 48
the supervised practice of speech-language pathology pursuant to section 10 is not 49
engaging in the unauthorized practice of speech-language pathology. Sections 2 50
and 4-8 of this bill define certain other terms relating to the supervised practice of 51
speech-language pathology and section 12 of this bill establishes the applicability 52
of those definitions. 53
Existing law exempts from licensure and regulation by the Board a person who 54
practices audiology or speech-language pathology within the scope of a credential 55
issued by the Department of Education. (NRS 637B.080) Section 18 eliminates that 56
exemption, thereby requiring such a person to be subject to licensure and regulation 57
by the Board. Section 9 provides that a person who holds certain credentials issued 58
by the Department on or before September 30, 2026, which allow the holder to 59
teach pupils with speech and language impairments is qualified for licensure as a 60
speech-language pathology assistant. 61
Sections 24, 25 and 28 of this bill revise the qualifications required to obtain a 62
license as a hearing aid specialist, a license as an apprentice to engage in the 63
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practice of fitting and dispensing hearing aids or a provisional license to engage in 64
the practice of fitting and dispensing hearing aids. 65
Existing law authorizes the Board to grant an audiologist who wishes to engage 66
in the practice of fitting and dispensing hearing aids an endorsement to engage in 67
such practice as a dispensing audiologist. (NRS 637B.205) Section 14 of this bill 68
includes within the practice of audiology certain activities that substantially overlap 69
with the practice of fitting and dispensing hearing aids, including ordering the use 70
of hearing aids. Accordingly, section 39 repeals the separate endorsement for 71
dispensing audiologists and sections 17, 19, 20, 22, 23, 25, 27 and 31-33 of this 72
bill make conforming changes to eliminate references to such endorsements and to 73
dispensing audiologists. 74
Federal law requires the United States Food and Drug Administration to 75
regulate over-the-counter hearing aids. (FDA Reauthorization Act of 2017 Pub. L. 76
No. 115-52, § 709, 131 Stat. 1005, 1065–67) Federal law and regulations prohibit 77
state or local governments from requiring the order, involvement or intervention of 78
a licensed person for a consumer to access an over-the-counter hearing aid. (Pub. L. 79
No. 115-52, § 709; 21 C.F.R. § 800.30) Sections 13 and 34 of this bill prohibit the 80
Board from regulating or restricting the provision of over-the-counter hearing aids 81
unless a licensee violates federal law applicable to such devices. Section 34 also 82
updates certain references to related federal regulations. 83
In 2022, the federal Food and Drug Administration repealed a regulation that 84
prohibited the sale of a hearing aid unless: (1) the person dispensing the hearing aid 85
has received a written statement or waiver stating that the patient’s hearing loss has 86
been medically evaluated and the patient may be considered a candidate for a 87
hearing aid; or (2) the patient waives the medical evaluation in writing. (87 FR 88
50755) Section 32 removes conforming requirements from Nevada law governing 89
the sale of hearing aids by catalog, mail or the Internet, thereby authorizing such 90
sales without such a statement or waiver. 91
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 637B of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 11, inclusive, of this 2
act. 3
Sec. 2. “Speech-language pathology assistant” means a 4
person licensed pursuant to section 9 of this act to engage in the 5
practice of speech-language pathology under the supervision of a 6
supervising speech-language pathologist. 7
Sec. 3. “Speech-language pathology provisional licensee” 8
means any person who holds a provisional license issued pursuant 9
to NRS 637B.201 to engage in the practice of speech-language 10
pathology while completing the clinical fellowship requirements 11
for obtaining a Certificate of Clinical Competence in Speech-12
Language Pathology issued by the American Speech-Language-13
Hearing Association. 14
Sec. 4. “Speech-language pathology student” means an 15
unlicensed student who engages in the practice of 16
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speech-language pathology under the supervision of a supervising 1
speech-language pathologist pursuant to section 10 of this act. 2
Sec. 5. “Supervising speech-language pathologist” means a 3
speech-language pathologist who supervises a speech-language 4
pathology assistant, speech-language pathology provisional 5
licensee or speech-language pathology student. 6
Sec. 6. “Supervision” means the provision of direction and 7
the evaluation of the tasks assigned by a supervising speech-8
language pathologist to a speech-language pathology assistant, 9
speech-language pathology provisional licensee or speech-10
language pathology student. The term includes, without limitation, 11
direct supervision, indirect supervision and telesupervision. 12
Sec. 7. “Telesupervision” means the real-time, distance 13
observation by a supervising speech-language pathologist of 14
services delivered by a speech-language pathology assistant, 15
speech-language pathology provisional licensee or speech-16
language pathology student, with feedback or assistance provided 17
by the supervising speech-language pathologist as needed. The 18
term may include, without limitation, the utilization of technology 19
which allows a supervising speech-language pathologist to view 20
and communicate with the client and speech-language pathology 21
assistant, speech-language pathology provisional licensee or 22
speech-language pathology student in real time through virtual 23
telecommunication software, webcam, telephone or other similar 24
devices and services to provide immediate feedback. 25
Sec. 8. “Tinnitus care” means the assessment of tinnitus 26
symptoms and advising patients on sound therapy techniques and 27
other strategies to address tinnitus symptoms. 28
Sec. 9. 1. An applicant for a license to engage in the 29
practice of speech-language pathology as a speech-language 30
pathology assistant must hold: 31
(a) A bachelor’s degree or master’s degree in speech-language 32
pathology or communication sciences and disorders awarded by: 33
(1) An educational institution that is accredited by an 34
accrediting agency recognized by the United States Department of 35
Education; or 36
(2) A foreign school which is accredited by an accrediting 37
agency approved by the Board and which provides an educational 38
program that is substantially equivalent to the educational 39
program provided by an institution described in subparagraph (1); 40
or 41
(b) A current endorsement issued on or before September 30, 42
2026, by the Department of Education pursuant to NRS 391.019 43
and any regulations adopted pursuant thereto which allows a 44
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person to teach pupils who have speech and language 1
impairments. 2
2. The Board shall adopt regulations regarding speech-3
language pathology assistants, including, without limitation: 4
(a) The licensing of speech-language pathology assistants; 5
(b) The educational and training requirements for speech-6
language pathology assistants, in addition to the requirements 7
prescribed by subsection 1; and 8
(c) The practice of speech-language pathology by speech-9
language pathology assistants. 10
Sec. 10. 1. A speech-language pathology assistant, speech-11
language pathology provisional licensee or speech-language 12
pathology student may engage in the practice of speech-language 13
pathology only under the supervision of a supervising speech-14
language pathologist and in accordance with the provisions of this 15
chapter and any regulations adopted pursuant thereto. 16
2. A speech-language pathology student who engages in the 17
practice of speech-language pathology must be enrolled in a 18
program to obtain a bachelor’s degree or master’s degree in the 19
field of speech-language pathology or communication sciences 20
and disorders at an educational institution that is accredited by a 21
nationally recognized agency under the United States Department 22
of Education. 23
3. The Board shall adopt regulations regarding the 24
supervision of speech-language pathology assistants, speech-25
language pathology provisional licensees and speech-language 26
pathology students. 27
Sec. 11. A hearing aid specialist shall not provide tinnitus 28
care unless the hearing aid specialist: 29
1. Holds a certificate as a Tinnitus Care Provider issued by 30
the International Hearing Society, or its successor organization; 31
or 32
2. Has completed a program that is: 33
(a) Equivalent to the Tinnitus Care Provider Program offered 34
by the International Hearing Society, or its successor 35
organization; and 36
(b) Approved by the Board. 37
Sec. 12. NRS 637B.020 is hereby amended to read as follows: 38
637B.020 As used in this chapter, unless the context otherwise 39
requires, the words and terms defined in NRS 637B.025 to 40
637B.075, inclusive, and sections 2 to 8, inclusive, of this act have 41
the meanings ascribed to them in those sections. 42
Sec. 13. NRS 637B.044 is hereby amended to read as follows: 43
637B.044 “Hearing aid” : [means any:] 44
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1. [Device] Except as otherwise provided in subsection 2, 1
means: 2
(a) Any device worn by a person who suffers from impaired 3
hearing for the purpose of amplifying sound to improve hearing or 4
compensate for impaired hearing, including, without limitation, an 5
earmold; and 6
(b) Any part, attachment or accessory for a device described in 7
paragraph (a). 8
2. [Part, attachment or accessory for such a device.] Does not 9
include an over-the-counter hearing aid, as defined in 21 C.F.R. § 10
800.30. 11
Sec. 14. NRS 637B.050 is hereby amended to read as follows: 12
637B.050 “Practice of audiology” means the application of 13
principles, methods and procedures relating to hearing and balance, 14
hearing disorders and related speech and language disorders and 15
includes, without limitation: 16
1. The conservation of auditory system functions; 17
2. Screening, identifying, assessing and interpreting, 18
preventing and rehabilitating auditory and balance system disorders; 19
3. The selection, fitting, programming , [and] dispensing and 20
ordering the use of hearing aids, the programming of [cochlear 21
implants] implantable hearing devices and other technology which 22
assists persons with hearing loss and training persons to use such 23
technology; 24
4. Providing vestibular and auditory rehabilitation, cerumen 25
management and associated counseling services; 26
5. Conducting research on hearing and hearing disorders for 27
the purpose of modifying disorders in communication involving 28
speech, language and hearing; and 29
6. Providing referral services for medical diagnosis and 30
treatment . [; and 31
7. At the request of a physician, participating in the diagnosis 32
of a person.] 33
Sec. 15. NRS 637B.055 is hereby amended to read as follows: 34
637B.055 “Practice of fitting and dispensing hearing aids” 35
means measuring human hearing and selecting, adapting, 36
distributing , [or] selling or ordering the use of hearing aids and 37
includes, without limitation: 38
1. Making impressions for earmolds; 39
2. Administering and interpreting tests of human hearing and 40
middle ear functions; 41
3. Determining whether a person who suffers from impaired 42
hearing would benefit from a hearing aid; 43
4. Selecting , [and] fitting and ordering the use of hearing 44
aids; 45
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5. Providing assistance to a person after the fitting of a hearing 1
aid; 2
6. Providing services relating to the care and repair of hearing 3
aids; 4
7. Providing supervision and in-service training concerning 5
measuring human hearing and selecting, adapting, distributing , [or] 6
selling or ordering the use of hearing aids; [and] 7
8. Providing referral services for clinical evaluation, 8
rehabilitation and medical treatment of hearing impairment [.] ; 9
9. Removing cerumen in the course of inspecting ears or for 10
the purpose of making ear impressions or fitting and maintaining 11
hearing instruments; and 12
10. Providing tinnitus care under the circumstances 13
authorized by section 11 of this act. 14
Sec. 16. NRS 637B.060 is hereby amended to read as follows: 15
637B.060 “Practice of speech-language pathology” means the 16
application of principles, methods and procedures relating to the 17
development and effectiveness of human communication and 18
disorders of human communication, and includes, without 19
limitation: 20
1. The prevention, screening, consultation, assessment, 21
treatment, counseling, collaboration and referral services for 22
disorders of speech, fluency, resonance voice language, feeding, 23
swallowing and cognitive aspects of communication; 24
2. Augmentative and alternative communication techniques 25
and strategies; 26
3. Auditory training, speech reading and speech and language 27
intervention for persons who suffer from hearing loss; 28
4. The screening of persons for hearing loss and middle ear 29
pathology; 30
5. The use of rigid oral [and] endoscopy, flexible nasal 31
endoscopy and stroboscopy for the purpose of [vocal tract imaging 32
and visualization;] evaluating and treating disorders of speech, 33
voice, resonance and swallowing function; 34
6. Selecting, fitting and establishing effective use of prosthetic 35
or adaptive devices for communication, swallowing or other upper 36
respiratory and digestive functions, not including sensory devices 37
used by persons with hearing loss; 38
7. Providing services to modify or enhance communication; 39
8. Providing referral services for medical diagnosis and 40
treatment; and 41
9. At the request of a physician, participating in the diagnosis 42
of a person. 43
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Sec. 17. NRS 637B.075 is hereby amended to read as follows: 1
637B.075 “Sponsor” means a hearing aid specialist or 2
[dispensing] audiologist who is responsible for the direct 3
supervision and in-service training of an apprentice in the practice 4
of fitting and dispensing hearing aids. 5
Sec. 18. NRS 637B.080 is hereby amended to read as follows: 6
637B.080 The provisions of this chapter do not apply to any 7
person who: 8
1. [Holds a current credential issued by the Department of 9
Education pursuant to chapter 391 of NRS and any regulations 10
adopted pursuant thereto and engages in the practice of audiology or 11
speech-language pathology within the scope of that credential; 12
2.] Is employed by the Federal Government and engages in the 13
practice of audiology or speech-language pathology within the 14
scope of that employment; 15
[3.] 2. Is a student enrolled in a program or school approved by 16
the Board, is pursuing a degree in audiology [or speech-language 17
pathology] and is clearly designated to the public as a student; or 18
[4.] 3. Holds a current license issued pursuant to chapters 630 19
to 637, inclusive, 640 to 641D, inclusive, or 653 of NRS, 20
and who does not engage in the private practice of audiology or 21
speech-language pathology in this State. 22
Sec. 19. NRS 637B.100 is hereby amended to read as follows: 23
637B.100 1. The Speech-Language Pathology, Audiology 24
and Hearing Aid Dispensing Board, consisting of seven members 25
appointed by the Governor, is hereby created. 26
2. The Governor shall appoint: 27
(a) Three members who are speech-language pathologists, each 28
of whom must practice in a different setting, including, without 29
limitation, a university, public school, hospital or private practice; 30
(b) Two members who are audiologists ; [, at least one of whom 31
must be a dispensing audiologist;] 32
(c) One member who is a hearing aid specialist; and 33
(d) One member who is a representative of the general public. 34
This member must not be: 35
(1) A speech-language pathologist, a hearing aid specialist or 36
an audiologist; or 37
(2) The spouse or the parent or child, by blood, marriage or 38
adoption, of a speech-language pathologist, a hearing aid specialist 39
or an audiologist. 40
3. Each member of the Board who is an audiologist, a speech-41
language pathologist or a hearing aid specialist must: 42
(a) Have practiced, taught or conducted research in his or her 43
profession for the 3 years immediately preceding the appointment; 44
and 45
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(b) Hold a current license issued pursuant to this chapter. 1
4. A person who is a stockholder in a manufacturer of hearing 2
aids may not be selected to or serve as a member of the Board. 3
5. After the initial terms, each member of the Board serves a 4
term of 3 years. 5
6. A member of the Board shall not serve for more than two 6
terms. 7
7. If a vacancy occurs during the term of a member, the 8
Governor shall appoint a person similarly qualified to replace that 9
member for the remainder of the unexpired term. 10
Sec. 20. NRS 637B.132 is hereby amended to read as follows: 11
637B.132 The Board shall: 12
1. Enforce the provisions of this chapter and any regulations 13
adopted pursuant thereto; 14
2. Prepare and maintain a record of its proceedings, including, 15
without limitation, any administrative proceedings; 16
3. Evaluate the qualifications and determine the eligibility of 17
an applicant for any license [or endorsement of a license] issued 18
pursuant to this chapter and, upon payment of the appropriate fee, 19
issue the appropriate license [or endorsement of a license] to a 20
qualified applicant; 21
4. Adopt regulations establishing standards of practice for 22
persons licensed [or endorsed] pursuant to this chapter and any other 23
regulations necessary to carry out the provisions of this chapter; 24
5. Require a person licensed [or endorsed] pursuant to this 25
chapter to submit to the Board documentation required by the Board 26
to determine whether the person has acquired the skills necessary to 27
engage in the practice of audiology, speech-language pathology or 28
fitting and dispensing hearing aids; 29
6. Investigate any complaint received by the Board against any 30
person licensed [or endorsed] pursuant to this chapter; 31
7. Hold hearings to determine whether any provision of this 32
chapter or any regulation adopted pursuant to this chapter has been 33
violated; and 34
8. Unless the Board determines that extenuating circumstances 35
exist, forward to the appropriate law enforcement agency any 36
substantiated information submitted to the Board concerning a 37
person who engages in the practice of or offers to engage in the 38
practice of audiology, speech-language pathology or fitting and 39
dispensing hearing aids without the appropriate license [or 40
endorsement] issued pursuant to the provisions of this chapter. 41
Sec. 21. NRS 637B.160 is hereby amended to read as follows: 42
637B.160 Except as otherwise provided in NRS 637B.195, 43
637B.200, 637B.201 [,] and 637B.203 , [and 637B.204,] to be 44
eligible for licensing by the Board, an applicant for a license to 45
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engage in the practice of audiology, speech-language pathology or 1
fitting and dispensing hearing aids must: 2
1. Be a natural person of good moral character; 3
2. Pass an examination prescribed by the Board pursuant to 4
NRS 637B.191 or 637B.194, as applicable; 5
3. Pay the fees provided for in this chapter; and 6
4. Submit all information required to complete an application 7
for a license. 8
Sec. 22. NRS 637B.175 is hereby amended to read as follows: 9
637B.175 1. The Board shall charge and collect only the 10
following fees whose amounts must be determined by the Board, but 11
may not exceed: 12
13
Application fee ...................................................... [$150] $300 14
License fee ................................................................. [100] 200 15
Fee for the renewal of a license ................................. [100] 200 16
Reinstatement fee ...................................................... [100] 300 17
Examination fee ......................................................... [300] 500 18
Fee for converting to a different type of license ................... 50 19
Fee for each additional license [or endorsement] ................. 50 20
Fee for obtaining license information .......................... [50] 200 21
22
2. If an [applicant] active member of, or the spouse of an 23
active member of, the Armed Forces of the United States, a 24
veteran or the surviving spouse of a veteran submits an application 25
for a license by endorsement pursuant to NRS [637B.204,] 26
637B.203, the Board shall collect not more than one-half of the fee 27
set forth in subsection 1 for the initial issuance of the license. 28
3. All fees are payable in advance and may not be refunded. 29
4. As used in this section, “veteran” has the meaning 30
ascribed to it in NRS 417.005. 31
Sec. 23. NRS 637B.191 is hereby amended to read as follows: 32
637B.191 1. The Board shall adopt regulations prescribing: 33
(a) The examinations required pursuant to NRS 637B.160 and 34
concerning the practice of audiology and the practice of speech-35
language pathology; 36
(b) The period for which a license issued pursuant to the 37
provisions of this chapter is valid which, except as otherwise 38
provided in NRS 637B.200 and 637B.202, must be not less than 1 39
year; and 40
(c) The manner in which a license [or endorsement] issued 41
pursuant to this chapter must be renewed, which may include 42
requirements for continuing education. 43
2. The Board may adopt regulations providing for the late 44
renewal of a license and the reinstatement of an expired license, 45
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except that the Board must not renew or reinstate a license more 1
than 3 years after the license expired. 2
3. The Board may, at the request of a person licensed pursuant 3
to this chapter, place a license on inactive status if the holder of the 4
license: 5
(a) Does not engage in, or represent that the person is authorized 6
to engage in, the practice of audiology, speech-language pathology 7
or fitting and dispensing hearing aids in this State; and 8
(b) Satisfies any requirements for continuing education 9
prescribed by the Board pursuant to this section. 10
Sec. 24. NRS 637B.193 is hereby amended to read as follows: 11
637B.193 An applicant for a license to engage in the practice 12
of fitting and dispensing hearing aids must: 13
1. Successfully complete a program of education or training 14
approved by the Board which requires, without limitation, that the 15
applicant: 16
(a) Hold an associate’s degree or bachelor’s degree in hearing 17
instrument sciences; [or] 18
(b) Hold a high school diploma or its equivalent or an 19
associate’s degree or bachelor’s degree in any field other than 20
hearing instrument sciences, and successfully complete a training 21
program in hearing instrument sciences as prescribed by regulation 22
of the Board [.] ; or 23
(c) Hold a current certification issued by the National Board 24
for Certification in Hearing Instrument Sciences. 25
2. [Except as otherwise provided in NRS 637B.201, be 26
certified by the National Board for Certification in Hearing 27
Instrument Sciences. 28
3.] Pass the examination prescribed pursuant to 29
NRS 637B.194. 30
[4.] 3. Comply with the regulations adopted pursuant to 31
NRS 637B.194. 32
[5.] 4. Include in his or her application the complete street 33
address of each location from which the applicant intends to engage 34
in the practice of fitting and dispensing hearing aids. 35
Sec. 25. NRS 637B.194 is hereby amended to read as follows: 36
637B.194 The Board shall adopt regulations regarding the 37
practice of fitting and dispensing hearing aids, including, without 38
limitation: 39
1. The licensing of hearing aid specialists and apprentices; 40
2. The educational and training requirements for hearing aid 41
specialists and apprentices [;] , which must include, without 42
limitation, on-site training and work experience; 43
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3. The examination required pursuant to NRS 637B.160, 1
637B.193 [, 637B.205] and 637B.238 concerning the practice of 2
fitting and dispensing hearing aids; and 3
4. A program of in-service training for apprentices. 4
Sec. 26. NRS 637B.197 is hereby amended to read as follows: 5
637B.197 Except for [the holder of a provisional license issued 6
pursuant to NRS 637B.201] a speech-language pathology 7
provisional licensee and in addition to the requirements set forth in 8
NRS 637B.196, a speech-language pathologist must hold a current 9
[certificate of clinical competence] Certificate of Clinical 10
Competence in Speech-Language Pathology issued by the 11
American Speech-Language-Hearing Association or its successor 12
organization approved by the Board. 13
Sec. 27. NRS 637B.200 is hereby amended to read as follows: 14
637B.200 1. The Board may issue a temporary license to 15
engage in the practice of: 16
(a) Audiology, speech-language pathology or fitting and 17
dispensing hearing aids upon application and the payment of the fee 18
required pursuant to NRS 637B.175 to any person who is so 19
licensed in [another] the District of Columbia or any state or 20
territory of the United States and who meets all the qualifications 21
for licensing in this State; and 22
(b) Fitting and dispensing hearing aids upon application and 23
payment of the fee required pursuant to NRS 637B.175 to any 24
person who meets all the qualifications for licensing as a hearing aid 25
specialist [or an endorsement of a license to engage in the practice 26
of fitting and dispensing hearing aids] other than passing the 27
examination concerning the practice of fitting and dispensing 28
hearing aids prescribed pursuant to NRS 637B.194. 29
2. The Board may issue a temporary license to engage in the 30
practice of audiology, speech-language pathology or fitting and 31
dispensing hearing aids upon application and payment of the fee 32
required pursuant to NRS 637B.175 to any spouse of a member of 33
the Armed Forces of the United States who: 34
(a) Is so licensed in [another state;] the District of Columbia or 35
any state or territory of the United States; and 36
(b) Attests that he or she meets all of the qualifications for 37
licensure in this State. 38
3. A temporary license issued pursuant to this section: 39
(a) Is valid for not more than 6 months; 40
(b) May be renewed not more than once; and 41
(c) May be converted to [an active] a standard license upon the 42
completion of all requirements for a license and payment of the fee 43
required by NRS 637B.175. 44
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Sec. 28. NRS 637B.201 is hereby amended to read as follows: 1
637B.201 1. Upon application and payment of the 2
application fee required pursuant to NRS 637B.175, the Board may 3
issue a provisional license to engage in the practice of: 4
(a) Speech-language pathology to a person who is completing 5
the clinical fellowship requirements for obtaining a [certificate of 6
clinical competence] Certificate of Clinical Competence in Speech-7
Language Pathology issued by the American Speech-Language-8
Hearing Association. 9
(b) Fitting and dispensing hearing aids to a person who: 10
(1) Holds a license to engage in the practice of fitting and 11
dispensing hearing aids in [another state;] the District of Columbia 12
or any state or territory of the United States; and 13
(2) [Is completing the training required for certification by 14
the National Board for Certification in Hearing Instrument 15
Sciences.] Meets the requirements of paragraph (a), (b) or (c) of 16
subsection 1 of NRS 637B.193 but has not yet completed the on-17
site training and work experience required by the regulations 18
adopted pursuant to NRS 637B.194. 19
2. A provisional license issued pursuant to this section may be: 20
(a) Renewed not more than twice; and 21
(b) Converted to [an active] a standard license upon payment of 22
the fee required pursuant to NRS 637B.175 for converting the 23
license and the [award] submission to the Board of [: 24
(1) A certificate of clinical competence] proof that the 25
holder of the provisional license: 26
(1) Holds a current Certificate of Clinical Competence in 27
Speech-Language Pathology issued by the American Speech-28
Language-Hearing Association [; or] , if the provisional license is to 29
engage in the practice of speech-language pathology. 30
(2) [Certification by the National Board for Certification in 31
Hearing Instrument Sciences.] Has successfully completed the on-32
site training and work experience required by the regulations 33
adopted pursuant to NRS 637B.194, if the provisional license is to 34
engage in the practice of fitting and dispensing hearing aids. 35
Sec. 29. NRS 637B.202 is hereby amended to read as follows: 36
637B.202 1. Upon application and payment of the 37
application fee required pursuant to NRS 637B.175, the Board may 38
issue a limited license to engage in the practice of audiology or 39
speech-language pathology to a person who: 40
(a) Holds a current license to engage in the practice of audiology 41
or speech-language pathology in [another state;] the District of 42
Columbia or any state or territory of the United States; and 43
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(b) Engages in the practice of audiology or speech-language 1
pathology in this State for demonstration, instructional or 2
educational purposes. 3
2. A limited license issued pursuant to this section is valid for 4
not more than 15 days. 5
Sec. 30. NRS 637B.203 is hereby amended to read as follows: 6
637B.203 1. The Board may issue a license by endorsement 7
to engage in the practice of audiology or speech-language pathology 8
to an applicant who meets the requirements set forth in this section. 9
An applicant may submit to the Board an application for such a 10
license if the applicant holds a corresponding valid and unrestricted 11
license to engage in the practice of audiology or speech-language 12
pathology, as applicable, in the District of Columbia or any state or 13
territory of the United States. 14
2. An applicant for a license by endorsement pursuant to this 15
section must submit to the Board with his or her application: 16
(a) Proof satisfactory to the Board that the applicant: 17
(1) Satisfies the requirements of subsection 1; 18
(2) Has not been disciplined or investigated by the 19
corresponding regulatory authority of the District of Columbia or 20
any state or territory in which the applicant currently holds or has 21
held a license to engage in the practice of audiology or speech-22
language pathology, as applicable; and 23
(3) Has not been held civilly or criminally liable for 24
malpractice in the District of Columbia or any state or territory of 25
the United States; 26
(b) An affidavit stating that the information contained in the 27
application and any accompanying material is true and correct; and 28
(c) Any other information required by the Board. 29
3. Not later than 15 business days after receiving an application 30
for a license by endorsement to engage in the practice of audiology 31
or speech-language pathology pursuant to this section, the Board 32
shall provide written notice to the applicant of any additional 33
information required by the Board to consider the application. 34
Unless the Board denies the application for good cause, the Board 35
shall approve the application and issue a license by endorsement to 36
engage in the practice of audiology or speech-language pathology, 37
as applicable, to the applicant not later than 45 days after receiving 38
the application. 39
[4. A license by endorsement to engage in the practice of 40
audiology or speech-language pathology may be issued at a meeting 41
of the Board or between its meetings by the President of the Board. 42
Such an action shall be deemed to be an action of the Board.] 43
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Sec. 31. NRS 637B.236 is hereby amended to read as follows: 1
637B.236 1. All work performed by a licensed apprentice 2
must be directly supervised by a hearing aid specialist or 3
[dispensing] audiologist, and the hearing aid specialist or 4
[dispensing] audiologist is responsible and civilly liable for the 5
negligence or incompetence of the licensed apprentice under his or 6
her supervision. 7
2. Any selection of a hearing aid for a customer made by a 8
licensed apprentice must be approved by a hearing aid specialist or 9
[dispensing] audiologist. 10
3. Any audiogram or sales document prepared by a licensed 11
apprentice must be signed by the apprentice and the supervising 12
hearing aid specialist or [dispensing] audiologist. 13
4. As used in this section: 14
(a) “Incompetence” means a lack of ability to practice safely and 15
skillfully as a licensed apprentice arising from: 16
(1) A lack of knowledge or training; or 17
(2) An impaired physical or mental capability, including an 18
alcohol or other substance use disorder. 19
(b) “Negligence” means a deviation from the normal standard of 20
professional care exercised generally by apprentices. 21
Sec. 32. NRS 637B.242 is hereby amended to read as follows: 22
637B.242 1. A hearing aid specialist or [dispensing] 23
audiologist licensed pursuant to this chapter may sell hearing aids 24
by catalog, mail or the Internet if [: 25
(a) The hearing aid specialist or dispensing audiologist has 26
received: 27
(1) A written statement signed by: 28
(I) A physician or physician assistant licensed pursuant to 29
chapter 630 or 633 of NRS, an advanced practice registered nurse 30
licensed pursuant to NRS 632.237, an audiologist or a hearing aid 31
specialist which verifies that he or she has performed an otoscopic 32
examination of the person to whom the hearing aid will be sold and 33
the results of the examination indicate that the person may benefit 34
from the use of a hearing aid; 35
(II) A physician or physician assistant licensed pursuant 36
to chapter 630 or 633 of NRS, an audiologist or a hearing aid 37
specialist which verifies that he or she has performed an audiometric 38
examination of the person to whom the hearing aid will be sold and 39
the results of the examination indicate that the person may benefit 40
from the use of a hearing aid; and 41
(III) A dispensing audiologist or a hearing aid specialist 42
which verifies that an ear impression has been taken of the person to 43
whom the hearing aid will be sold; or 44
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(2) A waiver of the medical evaluation signed by the person 1
to whom the hearing aid will be sold as authorized pursuant to 21 2
C.F.R. § 801.421(a)(2); and 3
(b) The] the person to whom the hearing aid will be sold has 4
signed a statement acknowledging that the hearing aid specialist or 5
[dispensing] audiologist is selling him or her the hearing aid by 6
catalog, mail or the Internet . [based upon the information submitted 7
by the person in accordance with this section.] 8
2. A hearing aid specialist or [dispensing] audiologist who sells 9
hearing aids by catalog, mail or the Internet pursuant to this section 10
shall maintain a record of each sale of a hearing aid made pursuant 11
to this section for not less than 5 years. 12
3. The Board may adopt regulations to carry out the provisions 13
of this section, including, without limitation, the information that 14
must be included in each record required to be maintained pursuant 15
to subsection 2. 16
Sec. 33. NRS 637B.243 is hereby amended to read as follows: 17
637B.243 A hearing aid specialist or [dispensing] audiologist, 18
upon request by a physician or a member of a related profession 19
specified by the Board, may make audiograms for the physician’s or 20
member’s use in consultation with a person who suffers from 21
impaired hearing. 22
Sec. 34. NRS 637B.250 is hereby amended to read as follows: 23
637B.250 1. The grounds for initiating disciplinary action 24
pursuant to this chapter are: 25
(a) Unprofessional conduct. 26
(b) Conviction of: 27
(1) A violation of any federal or state law regarding the 28
possession, distribution or use of any controlled substance or any 29
dangerous drug as defined in chapter 454 of NRS; 30
(2) A felony or gross misdemeanor relating to the practice of 31
audiology, speech-language pathology or fitting and dispensing 32
hearing aids; 33
(3) A violation of any of the provisions of NRS 616D.200, 34
616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or 35
(4) Any offense involving moral turpitude. 36
(c) Gross or repeated malpractice, which may be evidenced by 37
claims of malpractice settled against a practitioner. 38
(d) Professional incompetence. 39
(e) Operation of a medical facility, as defined in NRS 449.0151, 40
at any time during which: 41
(1) The license of the facility is suspended or revoked; or 42
(2) An act or omission occurs which results in the suspension 43
or revocation of the license pursuant to NRS 449.160. 44
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This paragraph applies to an owner or other principal responsible 1
for the operation of the facility. 2
2. As used in this section, “unprofessional conduct” includes, 3
without limitation: 4
(a) Conduct that is harmful to the public health or safety; 5
(b) Obtaining a license through fraud or misrepresentation of a 6
material fact; 7
(c) Suspension or revocation of a license to engage in the 8
practice of audiology, speech-language pathology or fitting and 9
dispensing hearing aids; and 10
(d) A violation of any provision of: 11
(1) Federal law concerning the practice of audiology, speech-12
language pathology or fitting and dispensing hearing aids or any 13
regulations adopted pursuant thereto, including, without limitation, 14
21 C.F.R. §§ [801.420] 800.30 and [801.421;] 801.422; 15
(2) NRS 597.264 to 597.2667, inclusive, or any regulations 16
adopted pursuant thereto; or 17
(3) This chapter or any regulations adopted pursuant thereto. 18
Sec. 35. NRS 637B.290 is hereby amended to read as follows: 19
637B.290 1. [A] Except as otherwise provided in this 20
chapter, a person shall not engage in the practice of audiology, 21
speech-language pathology or fitting and dispensing hearing aids in 22
this State without holding a valid license issued pursuant to the 23
provisions of this chapter. 24
2. In addition to any other penalty prescribed by law, if the 25
Board determines that a person has engaged in the practice of 26
audiology, speech-language pathology or fitting and dispensing 27
hearing aids in this State without holding a valid license issued 28
pursuant to the provisions of this chapter [,] in violation of 29
subsection 1, the Board may: 30
(a) Issue and serve on the person an order to cease and desist 31
until the person obtains from the Board the proper license or 32
otherwise demonstrates that he or she is no longer in violation of 33
subsection 1. An order to cease and desist must include a telephone 34
number with which the person may contact the Board. 35
(b) Issue a citation to the person. A citation issued pursuant to 36
this paragraph must be in writing, describe with particularity the 37
nature of the violation and inform the person of the provisions of 38
this paragraph. Each activity in which the person is engaged 39
constitutes a separate offense for which a separate citation may be 40
issued. To appeal a citation, the person must submit a written 41
request for a hearing to the Board not later than 30 days after the 42
date of issuance of the citation. 43
(c) Assess against the person an administrative fine of not more 44
than $5,000. 45
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(d) Impose any combination of the penalties set forth in 1
paragraphs (a), (b) and (c). 2
Sec. 36. NRS 637B.291 is hereby amended to read as follows: 3
637B.291 Unless the Board determines that extenuating 4
circumstances exist, the Board shall forward to the appropriate law 5
enforcement agency any substantiated information submitted to the 6
Board concerning a person who engages in the practice of or offers 7
to engage in the practice of audiology, speech-language pathology 8
or fitting and dispensing hearing aids without the appropriate license 9
issued pursuant to the provisions of this chapter [.] in violation of 10
NRS 637B.290. 11
Sec. 37. NRS 637B.295 is hereby amended to read as follows: 12
637B.295 A member or any agent of the Board may enter any 13
premises in this State where a person who holds a license issued 14
pursuant to the provisions of this chapter engages in the practice of 15
audiology, speech-language pathology or fitting and dispensing 16
hearing aids and inspect it to determine whether a violation of any 17
provision of this chapter has occurred, including, without limitation, 18
an inspection to determine whether any person at the premises is 19
engaging in the practice of audiology, speech-language pathology or 20
fitting and dispensing hearing aids without the appropriate license 21
issued pursuant to the provisions of this chapter [.] in violation of 22
NRS 637B.290. 23
Sec. 38. NRS 637B.310 is hereby amended to read as follows: 24
637B.310 1. The Board through its Chair or Vice Chair may 25
maintain in any court of competent jurisdiction a suit for an 26
injunction against any person engaging in the practice of audiology, 27
speech-language pathology or fitting and dispensing hearing aids 28
without a license valid under this chapter [.] in violation of 29
NRS 637B.290. 30
2. Such an injunction: 31
(a) May be issued without proof of actual damage sustained by 32
any person, this provision being a preventive as well as a punitive 33
measure. 34
(b) Shall not relieve such person from criminal prosecution for 35
practicing without a license. 36
Sec. 39. NRS 637B.042, 637B.204 and 637B.205 are hereby 37
repealed. 38
Sec. 40. 1. This section becomes effective upon passage and 39
approval. 40
2. Sections 1 to 39, inclusive, of this act become effective: 41
(a) Upon passage and approval for the purpose of adopting any 42
regulations and performing any other preparatory administrative 43
tasks that are necessary to carry out the provisions of this act; and 44
(b) January 1, 2026, for all other purposes. 45
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TEXT OF REPEALED SECTIONS
637B.042 “Dispensing audiologist” defined. “Dispensing
audiologist” means a licensed audiologist who has obtained an
endorsement from the Board to engage in the practice of fitting and
dispensing hearing aids.
637B.204 Expedited license by endorsement to practice
audiology or speech-language pathology for active member of
Armed Forces, member’s spouse, veteran or veteran’s surviving
spouse: Requirements; procedure for issuance; provisional
license pending action on application.
1. The Board may issue a license by endorsement to engage in
the practice of audiology or speech-language pathology to an
applicant who meets the requirements set forth in this section. An
applicant may submit to the Board an application for such a license
if the applicant:
(a) Holds a corresponding valid and unrestricted license to
engage in the practice of audiology or speech-language pathology,
as applicable, in the District of Columbia or any state or territory of
the United States; and
(b) Is an active member of, or the spouse of an active member
of, the Armed Forces of the United States, a veteran or the surviving
spouse of a veteran.
2. An applicant for a license by endorsement pursuant to this
section must submit to the Board with his or her application:
(a) Proof satisfactory to the Board that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the
corresponding regulatory authority of the District of Columbia or
any state or territory in which the applicant holds a license to engage
in the practice of audiology or speech-language pathology, as
applicable; and
(3) Has not been held civilly or criminally liable for
malpractice in the District of Columbia or any state or territory of
the United States;
(b) An affidavit stating that the information contained in the
application and any accompanying material is true and correct; and
(c) Any other information required by the Board.
3. Not later than 15 business days after receiving an application
for a license by endorsement to engage in the practice of audiology
or speech-language pathology pursuant to this section, the Board
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shall provide written notice to the applicant of any additional
information required by the Board to consider the application.
Unless the Board denies the application for good cause, the Board
shall approve the application and issue a license by endorsement to
engage in the practice of audiology or speech-language pathology,
as applicable, to the applicant not later than 45 days after receiving
all the additional information required by the Board to complete the
application.
4. A license by endorsement to engage in the practice of
audiology or speech-language pathology may be issued at a meeting
of the Board or between its meetings by the President of the Board.
Such an action shall be deemed to be an action of the Board.
5. At any time before making a final decision on an application
for a license by endorsement pursuant to this section, the Board may
grant a provisional license authorizing an applicant to engage in the
practice of audiology or speech-language pathology, as applicable,
in accordance with regulations adopted by the Board.
6. As used in this section, “veteran” has the meaning ascribed
to it in NRS 417.005.
637B.205 Endorsement for certain licensees or applicants
to practice fitting and dispensing hearing aids. An audiologist
or an applicant for a license to engage in the practice of audiology
who wishes to engage in the practice of fitting and dispensing
hearing aids must:
1. Request an endorsement of the license to engage in the
practice of fitting and dispensing hearing aids; and
2. Pass an examination prescribed by the Board pursuant to
NRS 637B.194. The examination must be identical to the
examination required for the licensure of hearing aid specialists.
H