Rhode Island 2025 Regular Session

Rhode Island House Bill H5614 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
1616 Introduced By: Representative Susan R. Donovan
1717 Date Introduced: February 26, 2025
1818 Referred To: House Health & Human Services
1919 (Dept. of Health)
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Section 5-34-31 of the General Laws in Chapter 5-34 entitled "Nurses" is 1
2323 hereby amended to read as follows: 2
2424 5-34-31. Practices and persons exempt. 3
2525 No provisions of this chapter shall be construed as prohibiting: 4
2626 (1) Gratuitous nursing by friends or members of the family or as prohibiting the care of the 5
2727 sick by domestic servants, housekeepers, nursemaids, companions, or household aides of any type, 6
2828 whether employed regularly or because of an emergency of illness, provided that person is 7
2929 employed primarily in a domestic capacity and does not hold themself out or accept employment 8
3030 as a person licensed to practice nursing for hire under the provisions of this chapter or as prohibiting 9
3131 nursing assistants in the case of any emergency; 10
3232 (2) The practice of nursing by students enrolled in approved educational programs of 11
3333 professional nursing or practical-nursing educational programs nor by graduates of those schools 12
3434 or courses before taking and receiving results of the National Council Licensure Examination 13
3535 (NCLEX), provided that they are licensed in this state within ninety (90) days from the date on the 14
3636 department’s licensing application fee receipt, in accordance with regulations prescribed by the 15
3737 board; 16
3838 (3) The supervised practice of nursing by graduates of approved educational programs of 17
3939 professional nursing or practical-nursing educational programs before taking and receiving results 18
4040 of the National Council Licensure Examination (NCLEX); provided that, they are licensed in this 19
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4444 state within ninety (90) days of graduation. This temporary privilege will not be renewed and will 1
4545 automatically cease upon notification that the graduate nurse has failed the NCLEX; 2
4646 (3)(4) The practice of nursing in this state by any legally qualified nurse of another state 3
4747 whose engagement requires him or her to accompany and care for a patient temporarily residing in 4
4848 this state during the period of this engagement not to exceed six (6) months in length, provided that 5
4949 person does not represent or hold themself out as a nurse licensed to practice in this state; 6
5050 (4)(5) The practice of any legally qualified nurse of another state who is employed by the 7
5151 United States government or any bureau, division, or agency of the government while in the 8
5252 discharge of their official duties; 9
5353 (5)(6) Persons employed in state and licensed healthcare facilities, licensed homes for the 10
5454 aged and/or convalescent persons, and recognized public-health agencies from assisting in the 11
5555 nursing care of patients if adequate medical or nursing supervision is provided; 12
5656 (6)(7) Nursing care of the sick with or without compensation or personal profit when done 13
5757 in connection with the practice of the religious tenets of any recognized or established church by 14
5858 adherents as long as they do not engage in the practice of nursing as defined in this chapter; 15
5959 (7)(8) Persons who provide acceptable evidence of being currently licensed by examination 16
6060 or endorsement under the laws of other states of the United States and the District of Columbia 17
6161 from practicing nursing in this state for a period of ninety (90) days from the date on the application 18
6262 fee receipt, provided that they are licensed in this state within ninety (90) days from the date on the 19
6363 application fee receipt. The original privilege to work ninety (90) days from the date on the 20
6464 application fee receipt shall not be extended or renewed. 21
6565 SECTION 2. Sections 5-48.2-3, 5-48.2-4, 5-48.2-5, 5-48.2-6, 5-48.2-7, 5-48.2-8, 5-48.2-9 22
6666 and 5-48.2-13 of the General Laws in Chapter 5-48.2 entitled "Professional Licensing and 23
6767 Regulation of Speech-Language Pathologists and Audiologists" are hereby amended to read as 24
6868 follows: 25
6969 5-48.2-3. Definitions. 26
7070 As used in this chapter, the following words and terms shall have the following meanings, 27
7171 except where the context clearly indicates otherwise: 28
7272 (1) “Accredited/approved” means that an institution/program holds regional accreditation 29
7373 from one of six (6) regional accrediting bodies: Middle States Association of Colleges and Schools, 30
7474 New England Association of Schools and Colleges, North Central Association of Colleges and 31
7575 Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and 32
7676 Schools, and Western Association of Schools and Colleges. 33
7777 (2) “Act” means chapter 48 of this title entitled, “speech-language pathology and 34
7878
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8181 audiology,” as well as the provisions of this chapter, where the context so indicates. 1
8282 (3) “Audiologist” means an individual who is licensed by the board to practice audiology 2
8383 either in person or via telepractice. 3
8484 (4) “Audiology” means the audiologist applies the principles, methods, and procedures 4
8585 related to hearing and the disorders of the hearing and balance systems, to related language and 5
8686 speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as 6
8787 altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological 7
8888 auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of 8
8989 having such disorders. 9
9090 (5) “Audiology support personnel” shall operate under the title “audiometric aide” or 10
9191 “audiology assistant” and means an individual who meets minimum qualifications established by 11
9292 the board, which are less than those established by the act this chapter as necessary for licensing as 12
9393 an audiologist; does not act independently; is limited to hearing screening with pass/fail criteria; 13
9494 and works under the direction and supervision of an audiologist licensed under the act this chapter 14
9595 who has been actively working in the field for twenty-four (24) months after completion of the 15
9696 postgraduate professional experience and who accepts the responsibility for the acts and 16
9797 performances of the audiometric aide or audiology assistant while working under the act. 17
9898 (6) “Board” means the state board of examiners of speech-language pathology and 18
9999 audiology established pursuant to § 5-48-2. 19
100100 (7) “Clinical fellow” means the person who is practicing speech-language pathology under 20
101101 the supervision of a licensed speech-language pathologist while completing the postgraduate 21
102102 professional experience as required by the act and who holds a current provisional license in 22
103103 accordance with the requirements described in this chapter. 23
104104 (8) “Clinical fellowship or traineeship” means the direct clinical work, consultation, or 24
105105 other duties relevant to clinical speech-language pathology work with individuals presenting 25
106106 disorders in communication, for a cumulative or equivalent total of nine (9) months of full-time 26
107107 employment following completion of professional speech-language pathology education under 27
108108 supervision pursuant to § 5-48-7 and the provisions of this chapter. 28
109109 (9) “Department” means the Rhode Island department of health. 29
110110 (10) “Director” means the director of the Rhode Island department of health. 30
111111 (11) “Graduate program” means a post-baccalaureate accredited program leading to a 31
112112 master’s or doctoral degree, including a professional doctoral degree, whether offered through an 32
113113 accredited graduate or professional school. 33
114114 (12) “Newborn hearing screener” means an audiometric aide or audiology assistant 34
115115
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118118 working in a hospital-based newborn hearing screening program under the direction of the 1
119119 department of health newborn hearing screening program, or its appointee. 2
120120 (13) “Person” means an individual, partnership organization, or corporation, except that 3
121121 only individuals can be licensed under this chapter. 4
122122 (14) “The practice of audiology” means an audiologist rendering or offering to render any 5
123123 service in audiology either in person or via telepractice as defined in § 5-48-1 and in this section 6
124124 rendering or offering to render any service in audiology, including prevention, screening, and 7
125125 identification, evaluation, habilitation, rehabilitation; participating in environmental and 8
126126 occupational hearing-conservation programs, and habilitation and rehabilitation programs 9
127127 including hearing aid and assistive-listening-device evaluation, prescription, preparation, 10
128128 dispensing, and/or selling and orientation; auditory training and speech reading; conducting and 11
129129 interpreting tests of vestibular function and nystagmus; conducting and interpreting 12
130130 electrophysiological measures of the auditory pathway; cerumen management; evaluating sound 13
131131 environment and equipment; calibrating instruments used in testing and supplementing auditory 14
132132 function; and planning, directing, conducting, or supervising programs that render or offer to render 15
133133 any service in audiology. 16
134134 (i) The practice of audiology may include speech and/or language screening to a pass or 17
135135 fail determination, for the purpose of initial identification of individuals with other disorders of 18
136136 communication. 19
137137 (ii) A practice is deemed to be the “practice of audiology” if services are offered under any 20
138138 title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 21
139139 “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 22
140140 clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 23
141141 audiologist,” or any similar title or description of services. 24
142142 (15) “The practice of speech-language pathology” means rendering or offering to render 25
143143 any service in speech-language pathology either in person or via telepractice as defined in this 26
144144 section including prevention, identification, evaluation, consultation, habilitation, rehabilitation; 27
145145 determining the need for augmentative communication systems, dispensing and selling these 28
146146 systems, and providing training in the use of these systems; and planning, directing, conducting, or 29
147147 supervising programs that render or offer to render any service in speech-language pathology. 30
148148 (i) The practice of speech-language pathology may include nondiagnostic pure-tone air 31
149149 conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 32
150150 fail determination, for the purpose of performing a speech and language evaluation or for the initial 33
151151 identification of individuals with other disorders of communication. 34
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155155 (ii) The practice of speech-language pathology also may include aural rehabilitation, which 1
156156 for purposes of this subsection, means services and procedures for facilitating adequate receptive 2
157157 and expressive communication in individuals with hearing impairment. 3
158158 (iii) A practice is deemed to be the “practice of speech-language pathology” if services are 4
159159 offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 5
160160 “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 6
161161 “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 7
162162 therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 8
163163 “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 9
164164 description of services. 10
165165 (16) “Regionally accredited” means the official guarantee that a college or university or 11
166166 other educational institution is in conformity with the standards of education prescribed by a 12
167167 regional accrediting commission recognized by the United States Secretary of Education. 13
168168 (17) “School hearing screener” means an audiometric aide or audiology assistant working 14
169169 in a school-based hearing screening program under the direction of the Rhode Island department 15
170170 of elementary and secondary education or its appointee. 16
171171 (18) “Speech-language pathologist” means an individual who is licensed by the board to 17
172172 practice speech-language pathology either in person or via telepractice. 18
173173 (19) “Speech-language pathology” means the activities defined in § 5-48-1 and in this 19
174174 section the application of principles, methods, and procedures for prevention, identification, 20
175175 evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the 21
176176 development and disorders of human communication. Disorders are defined to include any and all 22
177177 conditions, whether of organic or non-organic origin, that impede the normal process of human 23
178178 communication in individuals or groups of individuals who have or are suspected of having these 24
179179 conditions, including, but not limited to, disorders and related disorders of: 25
180180 (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 26
181181 (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 27
182182 pragmatics; and including disorders of receptive and expressive communication in oral, written, 28
183183 graphic, and manual modalities); 29
184184 (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (such as 30
185185 dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 31
186186 myofunctional disorders); 32
187187 (iv) Cognitive aspects of communication (including communication disability and other 33
188188 functional disabilities associated with cognitive impairment); and 34
189189
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192192 (v) Social aspects of communication (including challenging behavior, ineffective social 1
193193 skills, and lack of communication opportunities). 2
194194 (20) “Speech-language pathology assistant (SLPA) support personnel” means an 3
195195 individual who meets minimum qualifications established by the board, which are less than those 4
196196 established by the act this chapter as necessary for licensing as a speech-language pathologist; does 5
197197 not act independently; and works under the direction and supervision of a speech-language 6
198198 pathologist licensed under the act this chapter who has been actively working in the field for twenty-7
199199 four (24) months after completion of the postgraduate professional experience and who accepts the 8
200200 responsibility for the acts and performances of the speech-language pathology assistant while 9
201201 working under this chapter. 10
202202 (21) “Telepractice” means the use of telecommunication technology to deliver speech-11
203203 language pathology and audiology services remotely. Other terms such as teleaudiology, 12
204204 telespeech, and speech teletherapy are also used in addition to telepractice. Use of telepractice 13
205205 should be of equal quality to services provided in person and consistent with adherence to the 14
206206 American Speech-Language-Hearing Association (ASHA)’s Code of Ethics (ASHA, 2016a), 15
207207 Scope of Practice in Audiology (ASHA, 2018), Scope of Practice in Speech-Language Pathology 16
208208 (ASHA, 2016b), and Assistants Code of Conduct (ASHA, 2020), and as further provided in 17
209209 regulation. 18
210210 5-48.2-4. License requirements. 19
211211 (a) No person shall practice as, advertise as, or use the title of speech-language pathologist 20
212212 or audiologist in this state unless licensed in accordance with the provisions of the act and this 21
213213 section chapter. The provisions of the act and this section chapter shall not apply to individuals 22
214214 specifically exempt from the provisions thereof by § 5-48-10.: 23
215215 (1) A qualified person licensed, registered, certified, or credentialed in this state under any 24
216216 other law who is practicing the profession or business for which they are licensed, registered, 25
217217 certified, or credentialed, in the setting for which the licensure, registration, certification, or 26
218218 credential pertains and performs services within their authorized scope of practice; 27
219219 (2) This chapter specifically excludes those persons who commercially fit and sell hearing 28
220220 aids; provided that, those persons do not receive a separate or additional fee for testing or 29
221221 interpreting tests of hearing; and provided that, those persons do not represent themselves as 30
222222 audiologists as defined in this chapter. This subsection does not preclude remuneration for any 31
223223 other service offered solely in conjunction with the fitting or maintaining of a hearing aid; and 32
224224 (3) No one shall be exempt under subsection (a)(1) of this section for that portion of their 33
225225 time spent as a private practitioner. If they perform any work as a speech-language pathologist or 34
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229229 audiologist for which a fee may be paid by the recipient of the service as part of a private practice 1
230230 apart from their position with the government, a license must be held. 2
231231 (b) A provisional license for the clinical fellow as defined in this chapter shall be required 3
232232 in speech-language pathology for that period of postgraduate professional experience as required 4
233233 in §§ 5-48-7 and 5-48.2-5. A provisional license shall authorize an individual to practice speech-5
234234 language pathology solely in connection with the completion of the supervised postgraduate 6
235235 professional experience. 7
236236 (c) Any person residing in and/or licensed in another state who provides telepractice 8
237237 services in the area of speech-language pathology and audiology within the State of Rhode Island 9
238238 regardless of their legal residence must be licensed in the state in accordance with the provisions 10
239239 of the act and this chapter. The provisions of the act and this chapter shall not apply to individuals 11
240240 specifically exempt from the provisions thereof by § 5-48-10 § 5-48.2-6(a)(2). 12
241241 5-48.2-5. Qualifications for licensure Qualifications for licensure as a speech-language 13
242242 pathologist. 14
243243 (a) Audiologists. In addition to the requirements set forth in § 5-48-7.2, persons seeking 15
244244 initial licensure as an audiologist providing in-person or telepractice services shall meet the 16
245245 following requirements: 17
246246 (1) Submit an official transcript indicating possession of an earned doctorate degree in 18
247247 audiology from a regionally accredited educational institution or other national accrediting 19
248248 organization as may be approved by the board; 20
249249 (2) Pass a national examination in audiology approved by the board; 21
250250 (3) Present evidence of practicum experience that is equivalent to a minimum of twelve 22
251251 (12) months of full-time, supervised experience, that may be completed as part of the graduate 23
252252 degree, as delineated in this chapter; 24
253253 (4) Applicants with a master’s degree holding licensure from another state must present 25
254254 verification of a Certificate of Clinical Competence from the American Speech-Language-Hearing 26
255255 Association (ASHA) or other national accrediting association as may be approved by the board. 27
256256 (b) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed 28
257257 as an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 29
258258 of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 30
259259 (c) Speech-language pathologists. In addition to the requirements set forth in § 5-48-7, an 31
260260 applicant seeking licensure to practice as a speech-language pathologist who provides in-person or 32
261261 telepractice services in Rhode Island must have attained To be eligible for licensure by the board 33
262262 as a speech-language pathologist the applicant must: 34
263263
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266266 (1) Be of good moral character; 1
267267 (2) Apply to the department, upon a form prescribed by the department; 2
268268 (3) Submit the appropriate application fee; 3
269269 (4) Complete supervised clinical-practicum experiences from an educational institution or 4
270270 its cooperating programs. The content of the practicum shall be in accordance with the current, 5
271271 minimum requirements for the certificate of clinical competence issued by the American Speech-6
272272 Language-Hearing Association (ASHA) or other national accrediting association as may be 7
273273 approved by the board and delineated in the rules and regulations; 8
274274 (5) Pass a national examination in speech-language pathology as required by the American 9
275275 Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 10
276276 be approved by the board and delineated in the rules and regulations; 11
277277 (6) Present verification of a certificate of clinical competence from the American Speech-12
278278 Language-Hearing Association (ASHA) or other national accrediting association as may be 13
279279 approved by the board; and 14
280280 (7) If applicable, present evidence from the board of speech-language pathology in each 15
281281 state in which the applicant has held or holds licensure to be submitted to the board of this state, 16
282282 attesting to the licensure status of the applicant during the time period the applicant held licensure 17
283283 in the state. 18
284284 (8) Attained a master’s degree or a doctoral degree or equivalent in speech-language 19
285285 pathology from an accredited educational institution accredited by the Council on Academic 20
286286 Accreditation (CAA) of the American Speech-Language-Hearing Association (ASHA) or other 21
287287 national accrediting association as may be approved by the board. The degree shall consist of course 22
288288 work in accordance with the current minimum requirements for the Certificate of Clinical 23
289289 Competence issued by the American Speech-Language-Hearing Association (ASHA) or other 24
290290 national accrediting association as may be approved by the board. 25
291291 (d) Qualifications for a provisional license for speech-language pathologists. To be 26
292292 eligible for provisional licensure by the department, the speech-language pathologist must submit 27
293293 an application with the required application fee and be in compliance with the requirements of this 28
294294 chapter and § 5-48-7.1. 29
295295 5-48.2-6. Issuance and renewal of license and fee. 30
296296 (a) The department shall issue a license as an audiologist or speech-language pathologist, 31
297297 or renewal thereof, for a period of two (2) years. The license, unless sooner suspended or revoked, 32
298298 shall expire on the first day of July, two (2) years following its issuance, and may be renewed 33
299299 biennially (in even years); provided the applicant meets the requirements of this chapter and the 34
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303303 statutory provisions of the act. The licensee must maintain their certificate of clinical competence 1
304304 in their practicing area (speech-language pathology or audiology) in order to renew their license. 2
305305 (b) A license may be renewed by submission of the renewal application and renewal fee as 3
306306 set forth in the fee structure for licensing, laboratory, and administrative services provided by the 4
307307 department of health in their regulations payable before July 1 of even years (biennially). 5
308308 (c) A provisional license may be renewed annually from the date of issue, if the 6
309309 postgraduate professional experience has exceeded one year, by submission of the renewal 7
310310 application and renewal fee as set forth in the fee structure for licensing, laboratory, and 8
311311 administrative services provided by the department of health. A provisional license shall not exceed 9
312312 thirty-six (36) months past the initiation of the professional experience and will expire ninety (90) 10
313313 days after the end of the postgraduate professional experience. 11
314314 (d)(1) Any licensee who allows their license to lapse by failing to renew it on or before the 12
315315 thirtieth day of June of even years (biennially), may have the license renewed reinstated by 13
316316 submitting to the department an application, and renewal fee plus an additional late fee as set forth 14
317317 in the fee structure for licensing, laboratory, and administrative services provided by the department 15
318318 of health § 23-1-54, and documentation of completion of continuing education units (CEUs) as 16
319319 required in this chapter taken during the previous two (2) years. 17
320320 (2) Any person who allows their license to lapse longer than two (2) consecutive licensing 18
321321 periods may be reinstated by the department, upon the filing of: 19
322322 (i) A reinstatement application for licensure; 20
323323 (ii) Payment of the current licensure renewal fee plus an additional late fee as set forth in 21
324324 the fee structure for licensing, laboratory, and administrative services provided by the department 22
325325 of health; and 23
326326 (iii) Documentation of completion of continuing education units (CEUs) as required in this 24
327327 chapter taken during the previous two (2) years. 25
328328 (e) Inactive status. 26
329329 (1) An individual licensed as a speech-language pathologist and/or audiologist in Rhode 27
330330 Island, not in the active practice of speech-language pathology or audiology within Rhode Island 28
331331 during any year, may upon request to the department have their name transferred to an inactive 29
332332 status and shall not be required to register biennially or pay any fee as long as the individual remains 30
333333 inactive. 31
334334 (2) Inactive status may be maintained for no longer than two (2) consecutive licensing 32
335335 periods, after which period licensure will be terminated and a reinstatement application submitted 33
336336 to the department will be required to resume practice. 34
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340340 (3) Any individual whose name has been transferred to an inactive status may be restored 1
341341 to active status within two (2) licensing periods to practice speech-language pathology or audiology 2
342342 without a penalty fee, upon the filing of: 3
343343 (i) An application for licensure renewal with a licensure renewal fee as set forth in the fee 4
344344 structure for licensing, laboratory, and administrative services provided by the department of health 5
345345 § 23-1-54; and 6
346346 (ii) Such other information as may be requested by the board. 7
347347 (f) Any non-provisional, active license may be renewed biennially by submission of the 8
348348 renewal application and renewal fee as set forth in regulations payable before July 1 of even years. 9
349349 5-48.2-7. Denial, suspension, and revocation of license. 10
350350 (a) The board is authorized to deny, suspend or revoke any license to practice speech-11
351351 language pathology and/or audiology or discipline any licensee upon a finding by the board that 12
352352 the person is guilty of conduct as set forth in § 5-48-11, and in addition: 13
353353 (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 14
354354 licensee, holder, or for another; 15
355355 (2) Fraudulently or deceptively used a license; 16
356356 (3) Altered a license; 17
357357 (4) Aided or abetted unlicensed practice; 18
358358 (5) Committed fraud and deceit in the practice of speech-language pathology or of 19
359359 audiology including, but not limited to: 20
360360 (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 21
361361 advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 22
362362 or any other representation; 23
363363 (ii) Falsely representing the use or availability of services or advice of a physician; 24
364364 (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 25
365365 similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 26
366366 from an accredited institution; 27
367367 (iv) Making or filing a false report or record in the practice of speech-language pathology 28
368368 or audiology; 29
369369 (v) Submitting a false statement to collect a fee; and 30
370370 (vi) Obtaining a fee through fraud or misrepresentation; 31
371371 (6) Providing services while mentally incompetent; 32
372372 (7) Engaging in illegal, incompetent, or habitually negligent practice; 33
373373 (8) Providing professional services while: 34
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377377 (i) Under the influence of alcohol; or 1
378378 (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 2
379379 therapeutic amounts or without valid medical indication; 3
380380 (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 4
381381 from these devices, appliances, or products; 5
382382 (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 6
383383 adopted by the board or departure from or failure to conform to the current standards of acceptable 7
384384 prevailing practice and code of ethics of speech-language pathology or audiology; 8
385385 (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 9
386386 any appeal or another proceeding is pending to have the conviction or plea set aside; 10
387387 (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 11
388388 audiology; 12
389389 (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 13
390390 (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 14
391391 or convicted or disciplined by a court of any state or country, for an act that would be grounds for 15
392392 disciplinary action under this section; or 16
393393 (15) Failing to maintain continuing education requirements. 17
394394 (1)(16) Violating any provision of the act this chapter, any lawful order given, or rule or 18
395395 regulation adopted by the board or departure from or failure to conform to the current standards of 19
396396 acceptable prevailing practice and code of ethics of speech-language pathology or audiology as 20
397397 adopted by the board and as contained in the “American Speech-Language-Hearing Association 21
398398 Code of Ethics” as incorporated in this chapter. The board need not establish actual injury to clients 22
399399 in order to adjudge a speech-language pathologist or audiologist of the above-named conduct. 23
400400 (2)(b) The procedure for denial, revocation, or suspension of a license or discipline of a 24
401401 licensee shall be as that set forth in § 5-48-13. § 5-48.2-11(b)(1) through (8): 25
402402 (1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 26
403403 particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 27
404404 licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 28
405405 (2) The individual against whom a charge is filed has the right to appear before the board 29
406406 in person or by counsel, or both; may produce witnesses and evidence on their behalf; and may 30
407407 question witnesses. 31
408408 (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 32
409409 the licensee, after notice, shall not prevent a hearing. 33
410410 (4) All matters upon which the decision is based shall be introduced in evidence at the 34
411411
412412
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414414 proceeding. 1
415415 (5) The licensee shall be notified, in writing, of the board’s decision. 2
416416 (6) The board may make any rules and regulations that it deems proper for the filing of 3
417417 charges and the conduct of hearings. 4
418418 (7) After issuing an order of revocation or suspension, the board may also file a petition in 5
419419 equity in the superior court in a county in which the respondent resides or transacts business, to 6
420420 ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 7
421421 final determination. 8
422422 (8) An application for reinstatement may be made to the board, which may, upon the 9
423423 affirmative vote of at least the majority of its members, grant a reinstatement. 10
424424 5-48.2-8. Support personnel. 11
425425 (a) A speech-language pathology assistant (SLPA) for speech-language pathologists shall 12
426426 meet the following requirements: 13
427427 (1) Hold a bachelor’s degree from an accredited college or university and have successfully 14
428428 completed no less than eighteen (18) hours of graduate credit in the areas of speech-language 15
429429 pathology to include the following: 16
430430 (i) Normal processes in speech, language, and hearing three (3) hours; 17
431431 (ii) Disorders of speech, language, and hearing nine (9) hours; 18
432432 (iii) Equipment, materials, procedures, and data collection used in assessment and/or 19
433433 management of speech, language, and hearing disorders six (6) hours; and 20
434434 (iv) Completion of twenty-five percent (25%) of those practicum hours required for 21
435435 professional personnel by the American Speech-Language-Hearing Association. 22
436436 (2) A speech-language pathology assistant (SLPA) shall be registered licensed at the 23
437437 department and be required to re-register renew the license every two (2) years. 24
438438 (b) Support personnel for audiologists (audiometric aide) or audiology assistants must meet 25
439439 the following requirements: 26
440440 (1) Hold a high school diploma; 27
441441 (2) Receive intensive on-the-job training in accordance with the American Speech-28
442442 Language-Hearing Association (ASHA) or American Academy of Audiology (AAA) guidelines 29
443443 for support personnel by the supervising licensed audiologist prior to providing services. Any 30
444444 subsequent supervising licensed audiologist may require retraining of an audiometric aide or 31
445445 audiology assistant under the supervising licensed audiologist’s supervision. 32
446446 (3) Audiometric aides or audiology assistants shall be registered licensed at the department 33
447447 and be required to re-register renew the license every two (2) years. 34
448448
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451451 5-48.2-9. Supervision and responsibility. 1
452452 (a)(1) A supervising professional must be a speech-language pathologist or audiologist who 2
453453 is licensed under the act and this chapter; has attained and maintained their certificate of clinical 3
454454 competency and who has been actively working in the field for twenty-four (24) months after 4
455455 completion of the postgraduate professional experience; and must be responsible for the acts and 5
456456 performances, patient screening, and specific tasks assigned by the licensee to the speech-language 6
457457 pathology assistant (SLPA)/audiometric aide or audiology assistant. 7
458458 (2) A licensee who supervises support personnel must: 8
459459 (i) Utilize the services of only those who meet the minimum requirements enumerated 9
460460 under this chapter; 10
461461 (ii) Ensure that the support personnel are assigned only those duties and responsibilities for 11
462462 which the person has been specifically trained and which the assistant is qualified to perform; 12
463463 (iii) Ensure that persons who will be receiving services from support personnel, or the 13
464464 person’s legal representative, are informed that services are being rendered by support personnel; 14
465465 (iv) Provide supervision of the support personnel (other than newborn hearing screeners 15
466466 and school hearing screeners); and 16
467467 (v) Complete a minimum of two (2) hours of professional development in clinical 17
468468 instruction/supervision. 18
469469 (b) A speech-language pathologist supervisor may only supervise one full-time equivalent 19
470470 speech-language pathology assistant (SLPA) support personnel and an audiologist supervisor may 20
471471 only supervise three (3) full-time equivalent audiometric aides or audiology assistants unless 21
472472 otherwise approved by the board. 22
473473 (c) Observations of support audiometric aides must be completed and documented as to 23
474474 date, amount of time, and accuracy and efficacy of service according to the following: Direct on-24
475475 site observations of the first ten (10) hours of direct client contact; and five percent (5%) of all 25
476476 clinical sessions after the first ten (10) hours for every forty (40) consecutive hours worked; and 26
477477 indirect supervision (e.g., home, interactive television, audio/video review, or patient record 27
478478 review) of five percent (5%) of each forty (40) consecutive hours worked. 28
479479 5-48.2-13. Rules governing practices and procedures. 29
480480 All hearings and reviews required under the provisions of the act this chapter shall be held 30
481481 in accordance with the provisions of the rules and regulations regarding practices and procedures 31
482482 before the department of health. 32
483483 SECTION 3. Chapter 5-48.2 of the General Laws entitled "Professional Licensing and 33
484484 Regulation of Speech-Language Pathologists and Audiologists" is hereby amended by adding 34
485485
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488488 thereto the following sections: 1
489489 5-48.2-14. Board of examiners -- Composition -- Appointments, terms, and 2
490490 qualifications of members. 3
491491 (a) There exists within the department of health a board of examiners of speech-language 4
492492 pathology and audiology. The board shall consist of five (5) persons who are residents of the state 5
493493 and who have worked within the state for at least one year prior to their appointments. 6
494494 (1) Two (2) members shall be speech-language pathologists who have practiced speech-7
495495 language pathology for at least five (5) years preceding appointment, are currently practicing 8
496496 speech-language pathology, and hold active and valid licensure for the practice of speech-language 9
497497 pathology in this state. 10
498498 (2) One member shall be an audiologist who has practiced audiology for at least five (5) 11
499499 years immediately preceding appointment, is currently practicing audiology, and holds active and 12
500500 valid licensure for the practice of audiology in this state. 13
501501 (3) One member shall be an otolaryngologist who holds certification by the American 14
502502 Academy of Otolaryngology -- head and neck surgery, who is currently practicing otolaryngology, 15
503503 and holds active and valid licensure as a physician within this state. 16
504504 (4) One member shall be a representative of the consumer public who is not associated 17
505505 with or financially interested in the practice or business of speech-language pathology or audiology. 18
506506 (b) All appointments to the board shall be for the term of three (3) years. Members shall 19
507507 serve until the expiration of the term for which they have been appointed or until their appointed 20
508508 successors are qualified. 21
509509 (c) When a vacancy upon the board occurs, the director of the department of health shall, 22
510510 with the approval of the governor, appoint persons who are working within the state to fill the 23
511511 remainder of the vacant term. 24
512512 (d) The board shall reorganize annually during the month of January and shall select a 25
513513 chairperson. 26
514514 (e) A majority of currently filled positions shall constitute a quorum to do business. 27
515515 (f) No person shall be appointed to serve more than two (2) consecutive terms. 28
516516 (g) The first board and all future members shall be appointed by the director of the 29
517517 department of health, with the approval of the governor. 30
518518 (h) The director of the department of health, with the approval of the governor, may remove 31
519519 any member of the board for dishonorable conduct, incompetency, or neglect of duty. 32
520520 5-48.2-15. Board of examiners -- Duties and powers -- Meetings -- Compensation of 33
521521 members. 34
522522
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525525 (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 1
526526 evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 2
527527 administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 3
528528 chapter and impose penalties if any violations of the chapter have occurred. 4
529529 (b) The board shall conduct hearings and keep records and minutes as necessary to an 5
530530 orderly dispatch of business. 6
531531 (c) The board shall, with the approval of the director of the department of health, adopt, 7
532532 amend, or repeal rules and regulations including, but not limited to, regulations that delineate 8
533533 qualifications for licensure and establish standards of professional conduct. Following their 9
534534 adoption, the rules and regulations shall govern and control the professional conduct of every 10
535535 person who holds a license to practice speech-language pathology or audiology in this state. 11
536536 (d) The board shall make available complete lists of the names and addresses of all licensed 12
537537 speech-language pathologists and audiologists. 13
538538 (e) The board may request legal advice and assistance from the appropriate state legal 14
539539 officer. 15
540540 (f) Regular meetings of the board shall be held at the times and places that it prescribes, 16
541541 and special meetings may be held upon the call of the chairperson; provided that, at least one regular 17
542542 meeting shall be held each year. 18
543543 (g) The conferral or enumeration of specific powers in this chapter shall not be construed 19
544544 as a limitation of the general powers conferred by this section. No member of the board shall be 20
545545 liable to civil action for any act performed in good faith in the performance of their duties as 21
546546 prescribed by this chapter. 22
547547 (h) Board members shall serve without compensation. 23
548548 (i) The board may deny, revoke, or suspend licenses or discipline licensees in accordance 24
549549 with the provisions of this chapter subject to the approval of the director. 25
550550 5-48.2-16. Receipts. 26
551551 The proceeds of any fees collected pursuant to the provisions of this chapter shall be 27
552552 deposited as general revenues. 28
553553 5-48.2-17. Qualifications for provisional licensure. 29
554554 (a) To be eligible for provisional licensure by the board, the speech-language pathologist 30
555555 applicant must submit an application with the required application fee and be in compliance with 31
556556 the requirements of § 5-48.2-7(a)(1), (4), (5), and (8). 32
557557 (b) In addition to the requirements of subsection (a) of this section, content of the 33
558558 supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 34
559559
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561561 LC001413 - Page 16 of 31
562562 speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 1
563563 other national accrediting association as may be approved by the board. 2
564564 (c) If the postgraduate professional experience extends beyond one-year, provisional 3
565565 licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 4
566566 professional experience. 5
567567 (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 6
568568 professional experience. 7
569569 5-48.2-18. Qualifications for licensure as an audiologist. 8
570570 Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 9
571571 the following requirements: 10
572572 (1) Be of good moral character; 11
573573 (2) Apply to the board, upon a form prescribed by the board; 12
574574 (3) Submit the appropriate application fee; 13
575575 (4) Submit an official transcript indicating possession of an earned doctorate degree in 14
576576 audiology from a regionally accredited educational institution as delineated in the rules and 15
577577 regulations; 16
578578 (5) Pass a national examination in audiology approved by the board and delineated in the 17
579579 rules and regulations; 18
580580 (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 19
581581 (12) months of full-time, supervised experience, that may be completed as part of the graduate 20
582582 degree, as delineated in the rules and regulations; 21
583583 (7) If applicable, present evidence from the board of audiology in each state in which the 22
584584 applicant has held or holds licensure to be submitted to the board of this state, attesting to the 23
585585 licensure status of the applicant during the time period the applicant held licensure in the state; 24
586586 (8) Any other requirements as set forth in the rules and regulations. 25
587587 (9) Applicants with a master’s degree holding licensure from another state must present 26
588588 verification of a Certificate of Clinical Competence from the American Academy of Audiology 27
589589 (AAA) or other national accrediting association as may be approved by the board. 28
590590 (10) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed as 29
591591 an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 30
592592 of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 31
593593 SECTION 4. Section 5-48.2-2 of the General Laws in Chapter 5-48.2 entitled "Professional 32
594594 Licensing and Regulation of Speech-Language Pathologists and Audiologists" is hereby repealed. 33
595595 5-48.2-2. Incorporated materials. 34
596596
597597
598598 LC001413 - Page 17 of 31
599599 This chapter hereby adopts and incorporates the American Speech-Language-Hearing 1
600600 Association’s “American Speech-Language-Hearing Association Code of Ethics” (2016) by 2
601601 reference, not including any further editions or amendments thereof and only to the extent that the 3
602602 provisions therein are not inconsistent with these regulations. 4
603603 SECTION 5. Section 5-95-9 of the General Laws in Chapter 5-95 entitled "Licensing of 5
604604 Massage Therapists" is hereby amended to read as follows: 6
605605 5-95-9. Licensing — Qualifications for licensure (initial and endorsement); Issuance 7
606606 or denial of license. 8
607607 (a) Every person desiring to begin the practice of massage therapy, except persons with 9
608608 special provisions as provided in this chapter, shall present satisfactory evidence to the division of 10
609609 professional regulation of the department that the person: 11
610610 (1) Is over eighteen (18) years of age; 12
611611 (2) Has submitted to a national criminal background check in accordance with this chapter; 13
612612 (3) Effective January 1, 2025: 14
613613 (i) For an applicant for licensure pursuing a first massage therapist license: 15
614614 Has successfully completed an approved massage therapy education program, meeting the 16
615615 minimum requirements established by the board, including at least eight hundred (800) hours of 17
616616 supervised in-class, hands-on coursework and clinical work, and has successfully completed an 18
617617 approved massage therapy education program, meeting the minimum requirements established by 19
618618 the board including at least six hundred fifty (650) hours of supervised in-class, hands-on 20
619619 coursework and clinical work prior to December 31, 2024 2025; 21
620620 (ii) For an applicant for licensure by endorsement, holding a massage therapist license in 22
621621 another state: 23
622622 Has successfully completed a massage therapy education program that meets the approved 24
623623 massage therapy education program definition in § 5-95-3, including eight hundred (800) hours of 25
624624 supervised in-class, hands-on coursework and clinical work or its equivalent. 26
625625 (iii) Hour equivalents may be granted in the following manner: 27
626626 (A) Each fifty (50) to sixty (60) minutes obtained from a course of study in massage therapy 28
627627 equals one hour; 29
628628 (B) Each one semester credit hour of massage therapy-related college/university study 30
629629 equals fifteen (15) hours; 31
630630 (C) Each year of full-time practice as a massage therapist equals one hundred (100) hours; 32
631631 (D) Up to one hundred (100) hours may be granted for completion of continuing education 33
632632 programs related to the massage therapy scope of practice described in § 5-95-4; and 34
633633
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635635 LC001413 - Page 18 of 31
636636 (4) Has successfully completed an examination approved by the board. Any examination 1
637637 approved by the board must meet generally recognized standards including development through 2
638638 the use of a job-task analysis and must meet appropriate psychometric standards. 3
639639 (b) The department may grant a license to any applicant who has satisfied the requirements 4
640640 of subsection (a) of this section, has completed all appropriate forms, paid all appropriate fees, and 5
641641 has met substantially equivalent standards in obtaining a valid license, permit, certificate, or 6
642642 registration issued by any other state or territory of the United States or by a foreign country. 7
643643 (c) The department shall, within sixty (60) days from the time any application for a license 8
644644 is received, grant the application and issue a license to practice massage therapy for the remaining 9
645645 two-year (2) cycle from that date if the department is satisfied that the applicant complies with the 10
646646 rules and regulations promulgated in accordance with this chapter. An applicant, whose national 11
647647 criminal background check reveals a conviction for any sexual offense, including, but not limited 12
648648 to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this 13
649649 chapter. 14
650650 (d) The fee for original application for licensure as a massage therapist and the fee for 15
651651 annual license renewal every two (2) years shall be determined by the department. 16
652652 (e) Any person applying for a license under this chapter shall undergo a national criminal 17
653653 background check. Such persons shall apply to the bureau of criminal identification of the state 18
654654 police or local police department for a national criminal background check. Fingerprinting shall be 19
655655 required. Upon the discovery of any disqualifying information as defined in subsection (f) of this 20
656656 section, the bureau of criminal identification of the state police or the local police department shall 21
657657 inform the applicant, in writing, of the nature of the disqualifying information and, without 22
658658 disclosing the nature of the disqualifying information, shall notify the board, in writing, that 23
659659 disqualifying information has been found. In those situations in which no disqualifying information 24
660660 has been found, the bureau of criminal identification shall inform the applicant and the board in 25
661661 writing of this fact. An applicant against whom disqualifying information has been found may 26
662662 request that a copy of the national criminal background report be sent to the board, which shall 27
663663 make a judgment regarding the licensure of the applicant. The applicant shall be responsible for 28
664664 payment of the costs of the national criminal background check. 29
665665 (f) “Disqualifying information” means those offenses, including, but not limited to, those 30
666666 defined in chapters 34, 34.1, and 37 of title 11, and § 23-17-37. 31
667667 (g) Notwithstanding the provisions of this section, any city or town may, by ordinance, 32
668668 regulate the opening, the presence, the location, and the operation of any bodyworks business or 33
669669 any business providing bodyworks services. Provided, however, no ordinance may impose 34
670670
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672672 LC001413 - Page 19 of 31
673673 additional qualifications beyond those adopted by the department pursuant to this chapter 1
674674 respecting national criminal background checks for persons applying for a license. 2
675675 SECTION 6. Chapter 5-48 of the General Laws entitled "Speech-Language Pathology and 3
676676 Audiology" is hereby repealed in its entirety. 4
677677 CHAPTER 5-48 5
678678 Speech-Language Pathology and Audiology 6
679679 5-48-1. Purpose and legislative intent — Definitions. 7
680680 (a) It is declared to be a policy of this state that the practice of speech-language pathology 8
681681 and audiology is a privilege granted to qualified persons and that, in order to safeguard the public 9
682682 health, safety, and welfare; protect the public from being misled by incompetent, unscrupulous, and 10
683683 unauthorized persons; and protect the public from unprofessional conduct by qualified speech-11
684684 language pathologists and audiologists, it is necessary to provide regulatory authority over persons 12
685685 offering speech-language pathology and audiology services to the public. 13
686686 (b) The following words and terms when used in this chapter have the following meaning 14
687687 unless otherwise indicated within the context: 15
688688 (1) “Audiologist” means an individual licensed by the board to practice audiology. 16
689689 (2) “Audiology” means the application of principles, methods, and procedures related to 17
690690 hearing and the disorders of the hearing and balance systems, to related language and speech 18
691691 disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is 19
692692 defined as altered sensitivity, acuity, function, processing, or damage to the integrity of the 20
693693 physiological auditory/vestibular systems. 21
694694 (3) “Board” means the state board of examiners of speech-language pathology and 22
695695 audiology. 23
696696 (4) “Clinical fellow” means the person who is practicing speech-language pathology under 24
697697 the supervision of a licensed speech-language pathologist while completing the postgraduate 25
698698 professional experience as required by this chapter. 26
699699 (5) “Department” means the Rhode Island department of health. 27
700700 (6) “Director” means the director of the Rhode Island department of health. 28
701701 (7) “Person” means an individual, partnership, organization, or corporation, except that 29
702702 only individuals can be licensed under this chapter. 30
703703 (8)(i) “Practice of audiology” means rendering or offering to render any service in 31
704704 audiology, including prevention, screening, and identification, evaluation, habilitation, 32
705705 rehabilitation; participating in environmental and occupational hearing-conservation programs, and 33
706706 habilitation and rehabilitation programs including hearing aid and assistive-listening-device 34
707707
708708
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710710 evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training 1
711711 and speech reading; conducting and interpreting tests of vestibular function and nystagmus; 2
712712 conducting and interpreting electrophysiological measures of the auditory pathway; cerumen 3
713713 management; evaluating sound environment and equipment; calibrating instruments used in testing 4
714714 and supplementing auditory function; and planning, directing, conducting, or supervising programs 5
715715 that render or offer to render any service in audiology. 6
716716 (ii) The practice of audiology may include speech and/or language screening to a pass or 7
717717 fail determination, for the purpose of initial identification of individuals with other disorders of 8
718718 communication. 9
719719 (iii) A practice is deemed to be the “practice of audiology” if services are offered under 10
720720 any title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 11
721721 “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 12
722722 clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 13
723723 audiologist,” or any similar title or description of services. 14
724724 (9)(i) “Practice of speech-language pathology” means rendering or offering to render any 15
725725 service in speech-language pathology including prevention, identification, evaluation, consultation, 16
726726 habilitation, rehabilitation; determining the need for augmentative communication systems, 17
727727 dispensing and selling these systems, and providing training in the use of these systems; and 18
728728 planning, directing, conducting, or supervising programs that render or offer to render any service 19
729729 in speech-language pathology. 20
730730 (ii) The practice of speech-language pathology may include nondiagnostic pure-tone air 21
731731 conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 22
732732 fail determination, for the purpose of performing a speech and language evaluation or for the initial 23
733733 identification of individuals with other disorders of communication. 24
734734 (iii) The practice of speech-language pathology also may include aural rehabilitation, 25
735735 which is defined as services and procedures for facilitating adequate receptive and expressive 26
736736 communication in individuals with hearing impairment. 27
737737 (iv) A practice is deemed to be the “practice of speech-language pathology” if services are 28
738738 offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 29
739739 “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 30
740740 “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 31
741741 therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 32
742742 “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 33
743743 description of services. 34
744744
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747747 (10) “Regionally accredited” means the official guarantee that a college or university or 1
748748 other educational institution is in conformity with the standards of education prescribed by a 2
749749 regional accrediting commission recognized by the United States Secretary of Education. 3
750750 (11) “Speech-language pathologist” means an individual who is licensed by the board to 4
751751 practice speech-language pathology. 5
752752 (12) “Speech-language pathology” means the application of principles, methods, and 6
753753 procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, 7
754754 instruction, and research related to the development and disorders of human communication. 8
755755 Disorders are defined to include any and all conditions, whether of organic or non-organic origin, 9
756756 that impede the normal process of human communication in individuals or groups of individuals 10
757757 who have or are suspected of having these conditions, including, but not limited to, disorders and 11
758758 related disorders of: 12
759759 (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 13
760760 (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 14
761761 pragmatics; and including disorders of receptive and expressive communication in oral, written, 15
762762 graphic, and manual modalities); 16
763763 (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., 17
764764 dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 18
765765 myofunctional disorders); 19
766766 (iv) Cognitive aspects of communication (including communication disability and other 20
767767 functional disabilities associated with cognitive impairment); and 21
768768 (v) Social aspects of communication (including challenging behavior, ineffective social 22
769769 skills, lack of communication opportunities). 23
770770 5-48-2. Board of examiners — Composition — Appointments, terms, and 24
771771 qualifications of members. 25
772772 (a) There exists within the department of health a board of examiners of speech-language 26
773773 pathology and audiology. The board shall consist of five (5) persons who are residents of the state 27
774774 and who have worked within the state for at least one year prior to their appointments. 28
775775 (1) Two (2) members shall be speech-language pathologists who have practiced speech-29
776776 language pathology for at least five (5) years preceding appointment, are currently practicing 30
777777 speech-language pathology, and hold active and valid licensure for the practice of speech-language 31
778778 pathology in this state. 32
779779 (2) One member shall be an audiologist who has practiced audiology for at least five (5) 33
780780 years immediately preceding appointment, is currently practicing audiology, and holds active and 34
781781
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783783 LC001413 - Page 22 of 31
784784 valid licensure for the practice of audiology in this state. 1
785785 (3) One member shall be an otolaryngologist who holds certification by the American 2
786786 Academy of Otolaryngology — head and neck surgery, who is currently practicing otolaryngology, 3
787787 and holds active and valid licensure as a physician within this state. 4
788788 (4) One member shall be a representative of the consumer public who is not associated 5
789789 with or financially interested in the practice or business of speech-language pathology or audiology. 6
790790 (b) All appointments to the board shall be for the term of three (3) years. Members shall 7
791791 serve until the expiration of the term for which they have been appointed or until their appointed 8
792792 successors are qualified. 9
793793 (c) When a vacancy upon the board occurs, the director of the department of health shall, 10
794794 with the approval of the governor, appoint persons who are working within the state to fill the 11
795795 remainder of the vacant term. 12
796796 (d) The board shall reorganize annually during the month of January and shall select a 13
797797 chairperson. 14
798798 (e) A majority of currently filled positions shall constitute a quorum to do business. 15
799799 (f) No person shall be appointed to serve more than two (2) consecutive terms. 16
800800 (g) The first board and all future members shall be appointed by the director of the 17
801801 department of health, with the approval of the governor. 18
802802 (h) The director of the department of health, with the approval of the governor, may remove 19
803803 any member of the board for dishonorable conduct, incompetency, or neglect of duty. 20
804804 5-48-3. Board of examiners — Duties and powers — Meetings — Compensation of 21
805805 members. 22
806806 (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 23
807807 evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 24
808808 administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 25
809809 chapter and impose penalties if any violations of the chapter have occurred. 26
810810 (b) The board shall conduct hearings and keep records and minutes as necessary to an 27
811811 orderly dispatch of business. 28
812812 (c) The board shall, with the approval of the director of the department of health, adopt, 29
813813 amend, or repeal rules and regulations, including, but not limited to, regulations that delineate 30
814814 qualifications for licensure and establish standards of professional conduct. Following their 31
815815 adoption, the rules and regulations shall govern and control the professional conduct of every 32
816816 person who holds a license to practice speech-language pathology or audiology in this state. 33
817817 (d) The board shall make available complete lists of the names and addresses of all licensed 34
818818
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820820 LC001413 - Page 23 of 31
821821 speech-language pathologists and audiologists. 1
822822 (e) The board may request legal advice and assistance from the appropriate state legal 2
823823 officer. 3
824824 (f) Regular meetings of the board shall be held at the times and places that it prescribes, 4
825825 and special meetings may be held upon the call of the chairperson; provided, that at least one regular 5
826826 meeting shall be held each year. 6
827827 (g) The conferral or enumeration of specific powers in this chapter shall not be construed 7
828828 as a limitation of the general powers conferred by this section. No member of the board shall be 8
829829 liable to civil action for any act performed in good faith in the performance of his or her duties as 9
830830 prescribed by this chapter. 10
831831 (h) Board members shall serve without compensation. 11
832832 (i) The board may suspend the authority of any registered speech-language pathologist or 12
833833 audiologist to practice speech-language pathology or audiology for failure to comply with any of 13
834834 the requirements of this chapter. 14
835835 5-48-4. Board examiners — Seal — Authentication of records. 15
836836 The board shall adopt the state seal by which it authenticates its proceedings. Copies of the 16
837837 proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning 17
838838 those proceedings, records, and acts, signed by the secretary and authenticated by that seal, shall 18
839839 be evidence in all courts of this state. 19
840840 5-48-5. Receipts. 20
841841 The proceeds of any fees collected pursuant to the provisions of this chapter shall be 21
842842 deposited as general revenues. 22
843843 5-48-6. Licensure and regulation of speech-language pathologists and audiologists. 23
844844 (a) Licensure shall be granted in either speech-language pathology or audiology 24
845845 independently. A person may be licensed in both areas if he or she meets the respective 25
846846 qualifications. 26
847847 (b) No person shall practice as, advertise as, or use the title of speech pathologist or 27
848848 audiologist as defined in § 5-48-1 in this state unless he or she is licensed in accordance with the 28
849849 provisions of the laws of the state. 29
850850 (c) Registered speech-language pathologists or audiologists may render services under the 30
851851 terms and provisions of the workers’ compensation and rehabilitation laws. 31
852852 (d) A provisional license for the clinical fellow (defined in § 5-48-1(b)(4)) shall be required 32
853853 in speech-language pathology for that period of postgraduate professional experience as required 33
854854 in § 5-48-7.1. A provisional license shall authorize an individual to practice speech-language 34
855855
856856
857857 LC001413 - Page 24 of 31
858858 pathology solely in connection with the completion of the supervised postgraduate professional 1
859859 experience. 2
860860 5-48-7. Qualifications of applicants for a license as a speech-language pathologist. 3
861861 To be eligible for licensure by the board as a speech-language pathologist the applicant 4
862862 must: 5
863863 (1) Be of good moral character; 6
864864 (2) Apply to the department, upon a form prescribed by the department; 7
865865 (3) Submit the appropriate application fee; 8
866866 (4) Submit an official transcript indicating possession of a master’s degree or a doctorate 9
867867 degree or equivalent in speech-language pathology from an educational institution accredited by 10
868868 the Council on Academic Accreditation (CAA) of the American Speech-Language-Hearing 11
869869 Association (ASHA) or other national accrediting association as may be approved by the board. 12
870870 The degree shall consist of course work in accordance with the current, minimum requirements for 13
871871 the certificate of clinical competence issued by the American Speech-Language-Hearing 14
872872 Association (ASHA) or other national accrediting association as may be approved by the board and 15
873873 delineated in the rules and regulations; 16
874874 (5) Complete supervised clinical-practicum experiences from an educational institution or 17
875875 its cooperating programs. The content of the practicum shall be in accordance with the current, 18
876876 minimum requirements for the certificate of clinical competence issued by the American Speech-19
877877 Language-Hearing Association (ASHA) or other national accrediting association as may be 20
878878 approved by the board and delineated in the rules and regulations; 21
879879 (6) Pass a national examination in speech-language pathology as required by the American 22
880880 Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 23
881881 be approved by the board and delineated in the rules and regulations; 24
882882 (7) Present verification of a certificate of clinical competence from the American Speech-25
883883 Language-Hearing Association (ASHA) or other national accrediting association as may be 26
884884 approved by the board; and 27
885885 (8) If applicable, present evidence from the board of speech-language pathology in each 28
886886 state in which the applicant has held or holds licensure to be submitted to the board of this state, 29
887887 attesting to the licensure status of the applicant during the time period the applicant held licensure 30
888888 in the state. 31
889889 5-48-7.1. Qualifications for a provisional license for a speech-language pathologist. 32
890890 (a) To be eligible for provisional licensure by the board, the speech-language pathologist 33
891891 applicant must submit an application with the required application fee and be in compliance with 34
892892
893893
894894 LC001413 - Page 25 of 31
895895 the requirements of § 5-48-7(1), (4), (5), and (6). 1
896896 (b) In addition to the requirements of subsection (a) of this section, content of the 2
897897 supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 3
898898 speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 4
899899 other national accrediting association as may be approved by the board. 5
900900 (c) If the postgraduate professional experience extends beyond one year, provisional 6
901901 licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 7
902902 professional experience. 8
903903 (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 9
904904 professional experience. 10
905905 5-48-7.2. Qualifications for license as an audiologist. 11
906906 Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 12
907907 the following requirements: 13
908908 (1) Be of good moral character; 14
909909 (2) Apply to the board, upon a form prescribed by the board; 15
910910 (3) Submit the appropriate application fee; 16
911911 (4) Submit an official transcript indicating possession of an earned doctorate degree in 17
912912 audiology from a regionally accredited educational institution as delineated in the rules and 18
913913 regulations; 19
914914 (5) Pass a national examination in audiology approved by the board and delineated in the 20
915915 rules and regulations; 21
916916 (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 22
917917 (12) months of full-time, supervised experience, that may be completed as part of the graduate 23
918918 degree, as delineated in the rules and regulations; 24
919919 (7) If applicable, present evidence from the board of audiology in each state in which the 25
920920 applicant has held or holds licensure to be submitted to the board of this state, attesting to the 26
921921 licensure status of the applicant during the time period the applicant held licensure in the state; 27
922922 (8) Any other requirements as set forth in the rules and regulations. 28
923923 5-48-7.3. Qualifications for audiologists licensed in alternate jurisdictions. 29
924924 Persons licensed as an audiologist in alternate jurisdictions on or before January 1, 2008, 30
925925 shall meet the requirements of this state that were in effect at the time of initial licensure in the 31
926926 alternate jurisdiction. 32
927927 5-48-8. [Repealed.] 33
928928 5-48-9. Fees — Late filing — Inactive status. 34
929929
930930
931931 LC001413 - Page 26 of 31
932932 (a) The board may charge an application fee; a biennial license renewal fee payable before 1
933933 July 1 of even years (biennially); or a provisional license renewal fee as set forth in § 23-1-54 2
934934 payable annually from the date of issue. 3
935935 (b) Any person who allows his or her license to lapse by failing to renew it on or before 4
936936 the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on 5
937937 payment of the current renewal fee plus an additional late filing fee as set forth in § 23-1-54. 6
938938 (c) An individual licensed as a speech-language pathologist or audiologist in this state, not 7
939939 in the active practice of speech-language pathology or audiology within this state during any year, 8
940940 may upon request to the board, have his or her name transferred to an inactive status and shall not 9
941941 be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status 10
942942 may be maintained for no longer than two (2) consecutive licensing periods, after which period 11
943943 licensure shall be terminated and reapplication to the board shall be required to resume practice. 12
944944 (d) Any individual whose name has been transferred to an inactive status may be restored 13
945945 to active status within two (2) licensing periods without a penalty fee upon the filing of: 14
946946 (1) An application for licensure renewal, with a licensure renewal fee as set forth in § 23-15
947947 1-54 made payable by check to the general treasurer of the state of Rhode Island; and 16
948948 (2) Any other information that the board may request. 17
949949 (e) [Deleted by P.L. 2015, ch. 141, art. 20, § 9]. 18
950950 5-48-9.1. Continuing education. 19
951951 (a)(1) On or before the thirtieth (30th) day of June of even years, every person licensed to 20
952952 practice speech-language pathology or audiology within this state shall complete not less than 21
953953 twenty (20) clock hours of continuing education within the preceding two (2) years and be able to 22
954954 present satisfactory evidence of completion to the board. 23
955955 (2) Those persons holding licensure in both speech-language pathology and audiology must 24
956956 have completed and have evidence of completion of not less than thirty (30) clock hours of 25
957957 continuing education within the preceding two (2) years. 26
958958 (b) Continuing education hours may not be carried over from one renewal period to the 27
959959 next. 28
960960 (c) The board at its discretion may extend, reduce, or waive the requirement for continuing 29
961961 education for hardship or other extenuating circumstances as the board deems appropriate. 30
962962 5-48-10. Persons and practices exempted. 31
963963 The provisions of this chapter do not apply to: 32
964964 (1) A qualified person licensed, registered, certified, or credentialed in this state under any 33
965965 other law who is practicing the profession or business for which he or she is licensed, registered, 34
966966
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968968 LC001413 - Page 27 of 31
969969 certified, or credentialed, in the setting for which the licensure, registration, certification, or 1
970970 credential pertains and performs services within their authorized scope of practice. 2
971971 (2) This chapter specifically excludes those persons who commercially fit and sell hearing 3
972972 aids; provided, that those persons do not receive a separate or additional fee for testing or 4
973973 interpreting tests of hearing; and provided, that those persons do not represent themselves as 5
974974 audiologists as defined in this chapter. This subsection does not preclude remuneration for any 6
975975 other service offered solely in conjunction with the fitting or maintaining of a hearing aid. 7
976976 (3) No one shall be exempt under subsection (1) for that portion of his or her time spent as 8
977977 a private practitioner. If he or she performs any work as a speech-language pathologist or 9
978978 audiologist for which a fee may be paid by the recipient of the service as part of a private practice 10
979979 apart from his or her position with the government, a license must be held. 11
980980 5-48-11. Grounds for suspension or revocation of licenses. 12
981981 The license of any speech-language pathologist or audiologist may be suspended or 13
982982 revoked by the board upon proof that he or she: 14
983983 (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 15
984984 licensee, holder, or for another; 16
985985 (2) Fraudulently or deceptively used a license; 17
986986 (3) Altered a license; 18
987987 (4) Aided or abetted unlicensed practice; 19
988988 (5) Committed fraud and deceit in the practice of speech-language pathology or of 20
989989 audiology, including, but not limited to: 21
990990 (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 22
991991 advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 23
992992 or any other representation; 24
993993 (ii) Falsely representing the use or availability of services or advice of a physician; 25
994994 (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 26
995995 similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 27
996996 from an accredited institution; 28
997997 (iv) Making or filing a false report or record in the practice of speech-language pathology 29
998998 or audiology; 30
999999 (v) Submitting a false statement to collect a fee; and 31
10001000 (vi) Obtaining a fee through fraud or misrepresentation; 32
10011001 (6) Providing services while mentally incompetent; 33
10021002 (7) Engaging in illegal, incompetent, or habitually negligent practice; 34
10031003
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10061006 (8) Providing professional services while: 1
10071007 (i) Under the influence of alcohol; or 2
10081008 (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 3
10091009 therapeutic amounts or without valid medical indication; 4
10101010 (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 5
10111011 from these devices, appliances, or products; 6
10121012 (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 7
10131013 adopted by the board or departure from or failure to conform to the current standards of acceptable 8
10141014 prevailing practice and code of ethics of speech-language pathology or audiology; 9
10151015 (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 10
10161016 any appeal or another proceeding is pending to have the conviction or plea set aside; 11
10171017 (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 12
10181018 audiology; 13
10191019 (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 14
10201020 (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 15
10211021 or convicted or disciplined by a court of any state or country, for an act that would be grounds for 16
10221022 disciplinary action under this section; or 17
10231023 (15) Failing to maintain continuing education requirements. 18
10241024 5-48-12. Penalty for violations. 19
10251025 (a) The board is granted the authority to impose the following disciplinary actions in those 20
10261026 instances in which an applicant for a license or a licensee has been guilty of conduct that has 21
10271027 endangered, or is likely to endanger, the health, welfare, or safety of the public: 22
10281028 (1) Refuse to issue or renew a license. 23
10291029 (2) Issue a letter of reprimand or concern. 24
10301030 (3) Require restitution of fees. 25
10311031 (4) Impose probationary conditions. 26
10321032 (5) Suspend or revoke a license. 27
10331033 (b) Any person found to be in violation of any provision of this chapter, upon conviction, 28
10341034 shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars 29
10351035 ($1,000). 30
10361036 5-48-13. Revocation and suspension procedure — Reinstatement. 31
10371037 (a)(1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 32
10381038 particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 33
10391039 licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 34
10401040
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10431043 (2) The individual against whom a charge is filed has the right to appear before the board 1
10441044 in person or by counsel, or both; may produce witnesses and evidence on his or her behalf; and 2
10451045 may question witnesses. 3
10461046 (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 4
10471047 the licensee, after notice, shall not prevent a hearing. 5
10481048 (4) All matters upon which the decision is based shall be introduced in evidence at the 6
10491049 proceeding. 7
10501050 (5) The licensee shall be notified, in writing, of the board’s decision. 8
10511051 (6) The board may make any rules and regulations that it deems proper for the filing of 9
10521052 charges and the conduct of hearings. 10
10531053 (b) After issuing an order of revocation or suspension, the board may also file a petition in 11
10541054 equity in the superior court in a county in which the respondent resides or transacts business, to 12
10551055 ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 13
10561056 final determination. 14
10571057 (c) An application for reinstatement may be made to the board, which may, upon the 15
10581058 affirmative vote of at least the majority of its members, grant a reinstatement. 16
10591059 5-48-14. [Obsolete.] 17
10601060 5-48-15. Severability. 18
10611061 If any provision of this chapter or of any rule or regulation made under this chapter, or their 19
10621062 application to any person or circumstances, is held invalid by a court of competent jurisdiction, the 20
10631063 remainder of the chapter, rule, or regulation, and the application of that provision to other persons 21
10641064 or circumstances, shall not be affected. 22
10651065 SECTION 7. Section 46-13-18 of the General Laws in Chapter 46-13 entitled "Public 23
10661066 Drinking Water Supply" is hereby amended to read as follows: 24
10671067 46-13-18. Adoption of regulations. 25
10681068 (a) The director is hereby authorized to adopt regulations consistent with the provisions of 26
10691069 this chapter, the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and the federal 27
10701070 regulations adopted under that act. All new and existing public water supply systems subject to the 28
10711071 provisions of this chapter must comply with the provisions of this chapter and with all the 29
10721072 regulations adopted under this chapter in order to obtain and/or maintain approval by the director 30
10731073 as a public water supply system. The director is further authorized to establish by regulation a 31
10741074 schedule of fees for applications, approvals, and renewals required by this chapter. 32
10751075 (b)(1) Any community water system serving a population of ten thousand (10,000) or more 33
10761076 shall directly deliver a full copy of the consumer confidence report, which is required by the U.S. 34
10771077
10781078
10791079 LC001413 - Page 30 of 31
10801080 Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. § 300f et 1
10811081 seq., to each household within the water system’s service area that receives water from that system. 2
10821082 The method of delivery shall be determined by the water system, but can include delivery via either: 3
10831083 (i) Postal patron mailing; 4
10841084 (ii) A community newsletter that is directly delivered to each household; 5
10851085 (iii) A community calendar that is directly delivered to each household; or 6
10861086 (iv) Any other method that will directly reach each household within the water system’s 7
10871087 service area that receives water from that system. 8
10881088 (2) In the event that within the service area there are buildings with five (5) or more 9
10891089 residential units, the system will not be required to deliver directly to each of these units. Instead, 10
10901090 the water system shall mail multiple copies of the report to the building manager or other 11
10911091 appropriate individual, noting that the reports should be distributed to residents and/or posted in a 12
10921092 common area. Additionally, colleges and universities will be exempted from this requirement but 13
10931093 are still responsible for meeting all federal requirements. 14
10941094 (3) The department of health shall serve as the repository for all consumer confidence 15
10951095 reports and shall direct inquiries for copies of the report to the appropriate water system in order to 16
10961096 obtain a copy of the report. 17
10971097 SECTION 8. This act shall take effect upon passage. 18
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11031103 LC001413 - Page 31 of 31
11041104 EXPLANATION
11051105 BY THE LEGISLATIVE COUNCIL
11061106 OF
11071107 A N A C T
11081108 RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
11091109 ***
11101110 This act would make a series of amendments to several statutes regarding businesses and 1
11111111 professions to provide clarity or align with new federal requirements. 2
11121112 This act would take effect upon passage. 3
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