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5 | 5 | | 2025 -- H 5614 |
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6 | 6 | | ======== |
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7 | 7 | | LC001413 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- NURSES |
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16 | 16 | | Introduced By: Representative Susan R. Donovan |
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17 | 17 | | Date Introduced: February 26, 2025 |
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18 | 18 | | Referred To: House Health & Human Services |
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19 | 19 | | (Dept. of Health) |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Section 5-34-31 of the General Laws in Chapter 5-34 entitled "Nurses" is 1 |
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23 | 23 | | hereby amended to read as follows: 2 |
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24 | 24 | | 5-34-31. Practices and persons exempt. 3 |
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25 | 25 | | No provisions of this chapter shall be construed as prohibiting: 4 |
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26 | 26 | | (1) Gratuitous nursing by friends or members of the family or as prohibiting the care of the 5 |
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27 | 27 | | sick by domestic servants, housekeepers, nursemaids, companions, or household aides of any type, 6 |
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28 | 28 | | whether employed regularly or because of an emergency of illness, provided that person is 7 |
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29 | 29 | | employed primarily in a domestic capacity and does not hold themself out or accept employment 8 |
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30 | 30 | | as a person licensed to practice nursing for hire under the provisions of this chapter or as prohibiting 9 |
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31 | 31 | | nursing assistants in the case of any emergency; 10 |
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32 | 32 | | (2) The practice of nursing by students enrolled in approved educational programs of 11 |
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33 | 33 | | professional nursing or practical-nursing educational programs nor by graduates of those schools 12 |
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34 | 34 | | or courses before taking and receiving results of the National Council Licensure Examination 13 |
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35 | 35 | | (NCLEX), provided that they are licensed in this state within ninety (90) days from the date on the 14 |
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36 | 36 | | department’s licensing application fee receipt, in accordance with regulations prescribed by the 15 |
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37 | 37 | | board; 16 |
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38 | 38 | | (3) The supervised practice of nursing by graduates of approved educational programs of 17 |
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39 | 39 | | professional nursing or practical-nursing educational programs before taking and receiving results 18 |
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40 | 40 | | of the National Council Licensure Examination (NCLEX); provided that, they are licensed in this 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001413 - Page 2 of 31 |
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44 | 44 | | state within ninety (90) days of graduation. This temporary privilege will not be renewed and will 1 |
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45 | 45 | | automatically cease upon notification that the graduate nurse has failed the NCLEX; 2 |
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46 | 46 | | (3)(4) The practice of nursing in this state by any legally qualified nurse of another state 3 |
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47 | 47 | | whose engagement requires him or her to accompany and care for a patient temporarily residing in 4 |
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48 | 48 | | this state during the period of this engagement not to exceed six (6) months in length, provided that 5 |
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49 | 49 | | person does not represent or hold themself out as a nurse licensed to practice in this state; 6 |
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50 | 50 | | (4)(5) The practice of any legally qualified nurse of another state who is employed by the 7 |
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51 | 51 | | United States government or any bureau, division, or agency of the government while in the 8 |
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52 | 52 | | discharge of their official duties; 9 |
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53 | 53 | | (5)(6) Persons employed in state and licensed healthcare facilities, licensed homes for the 10 |
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54 | 54 | | aged and/or convalescent persons, and recognized public-health agencies from assisting in the 11 |
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55 | 55 | | nursing care of patients if adequate medical or nursing supervision is provided; 12 |
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56 | 56 | | (6)(7) Nursing care of the sick with or without compensation or personal profit when done 13 |
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57 | 57 | | in connection with the practice of the religious tenets of any recognized or established church by 14 |
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58 | 58 | | adherents as long as they do not engage in the practice of nursing as defined in this chapter; 15 |
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59 | 59 | | (7)(8) Persons who provide acceptable evidence of being currently licensed by examination 16 |
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60 | 60 | | or endorsement under the laws of other states of the United States and the District of Columbia 17 |
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61 | 61 | | from practicing nursing in this state for a period of ninety (90) days from the date on the application 18 |
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62 | 62 | | fee receipt, provided that they are licensed in this state within ninety (90) days from the date on the 19 |
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63 | 63 | | application fee receipt. The original privilege to work ninety (90) days from the date on the 20 |
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64 | 64 | | application fee receipt shall not be extended or renewed. 21 |
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65 | 65 | | 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 |
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66 | 66 | | and 5-48.2-13 of the General Laws in Chapter 5-48.2 entitled "Professional Licensing and 23 |
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67 | 67 | | Regulation of Speech-Language Pathologists and Audiologists" are hereby amended to read as 24 |
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68 | 68 | | follows: 25 |
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69 | 69 | | 5-48.2-3. Definitions. 26 |
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70 | 70 | | As used in this chapter, the following words and terms shall have the following meanings, 27 |
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71 | 71 | | except where the context clearly indicates otherwise: 28 |
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72 | 72 | | (1) “Accredited/approved” means that an institution/program holds regional accreditation 29 |
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73 | 73 | | from one of six (6) regional accrediting bodies: Middle States Association of Colleges and Schools, 30 |
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74 | 74 | | New England Association of Schools and Colleges, North Central Association of Colleges and 31 |
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75 | 75 | | Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and 32 |
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76 | 76 | | Schools, and Western Association of Schools and Colleges. 33 |
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77 | 77 | | (2) “Act” means chapter 48 of this title entitled, “speech-language pathology and 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001413 - Page 3 of 31 |
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81 | 81 | | audiology,” as well as the provisions of this chapter, where the context so indicates. 1 |
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82 | 82 | | (3) “Audiologist” means an individual who is licensed by the board to practice audiology 2 |
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83 | 83 | | either in person or via telepractice. 3 |
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84 | 84 | | (4) “Audiology” means the audiologist applies the principles, methods, and procedures 4 |
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85 | 85 | | related to hearing and the disorders of the hearing and balance systems, to related language and 5 |
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86 | 86 | | speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as 6 |
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87 | 87 | | altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological 7 |
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88 | 88 | | auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of 8 |
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89 | 89 | | having such disorders. 9 |
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90 | 90 | | (5) “Audiology support personnel” shall operate under the title “audiometric aide” or 10 |
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91 | 91 | | “audiology assistant” and means an individual who meets minimum qualifications established by 11 |
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92 | 92 | | the board, which are less than those established by the act this chapter as necessary for licensing as 12 |
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93 | 93 | | an audiologist; does not act independently; is limited to hearing screening with pass/fail criteria; 13 |
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94 | 94 | | and works under the direction and supervision of an audiologist licensed under the act this chapter 14 |
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95 | 95 | | who has been actively working in the field for twenty-four (24) months after completion of the 15 |
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96 | 96 | | postgraduate professional experience and who accepts the responsibility for the acts and 16 |
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97 | 97 | | performances of the audiometric aide or audiology assistant while working under the act. 17 |
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98 | 98 | | (6) “Board” means the state board of examiners of speech-language pathology and 18 |
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99 | 99 | | audiology established pursuant to § 5-48-2. 19 |
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100 | 100 | | (7) “Clinical fellow” means the person who is practicing speech-language pathology under 20 |
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101 | 101 | | the supervision of a licensed speech-language pathologist while completing the postgraduate 21 |
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102 | 102 | | professional experience as required by the act and who holds a current provisional license in 22 |
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103 | 103 | | accordance with the requirements described in this chapter. 23 |
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104 | 104 | | (8) “Clinical fellowship or traineeship” means the direct clinical work, consultation, or 24 |
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105 | 105 | | other duties relevant to clinical speech-language pathology work with individuals presenting 25 |
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106 | 106 | | disorders in communication, for a cumulative or equivalent total of nine (9) months of full-time 26 |
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107 | 107 | | employment following completion of professional speech-language pathology education under 27 |
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108 | 108 | | supervision pursuant to § 5-48-7 and the provisions of this chapter. 28 |
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109 | 109 | | (9) “Department” means the Rhode Island department of health. 29 |
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110 | 110 | | (10) “Director” means the director of the Rhode Island department of health. 30 |
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111 | 111 | | (11) “Graduate program” means a post-baccalaureate accredited program leading to a 31 |
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112 | 112 | | master’s or doctoral degree, including a professional doctoral degree, whether offered through an 32 |
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113 | 113 | | accredited graduate or professional school. 33 |
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114 | 114 | | (12) “Newborn hearing screener” means an audiometric aide or audiology assistant 34 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LC001413 - Page 4 of 31 |
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118 | 118 | | working in a hospital-based newborn hearing screening program under the direction of the 1 |
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119 | 119 | | department of health newborn hearing screening program, or its appointee. 2 |
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120 | 120 | | (13) “Person” means an individual, partnership organization, or corporation, except that 3 |
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121 | 121 | | only individuals can be licensed under this chapter. 4 |
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122 | 122 | | (14) “The practice of audiology” means an audiologist rendering or offering to render any 5 |
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123 | 123 | | service in audiology either in person or via telepractice as defined in § 5-48-1 and in this section 6 |
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124 | 124 | | rendering or offering to render any service in audiology, including prevention, screening, and 7 |
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125 | 125 | | identification, evaluation, habilitation, rehabilitation; participating in environmental and 8 |
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126 | 126 | | occupational hearing-conservation programs, and habilitation and rehabilitation programs 9 |
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127 | 127 | | including hearing aid and assistive-listening-device evaluation, prescription, preparation, 10 |
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128 | 128 | | dispensing, and/or selling and orientation; auditory training and speech reading; conducting and 11 |
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129 | 129 | | interpreting tests of vestibular function and nystagmus; conducting and interpreting 12 |
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130 | 130 | | electrophysiological measures of the auditory pathway; cerumen management; evaluating sound 13 |
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131 | 131 | | environment and equipment; calibrating instruments used in testing and supplementing auditory 14 |
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132 | 132 | | function; and planning, directing, conducting, or supervising programs that render or offer to render 15 |
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133 | 133 | | any service in audiology. 16 |
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134 | 134 | | (i) The practice of audiology may include speech and/or language screening to a pass or 17 |
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135 | 135 | | fail determination, for the purpose of initial identification of individuals with other disorders of 18 |
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136 | 136 | | communication. 19 |
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137 | 137 | | (ii) A practice is deemed to be the “practice of audiology” if services are offered under any 20 |
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138 | 138 | | title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 21 |
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139 | 139 | | “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 22 |
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140 | 140 | | clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 23 |
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141 | 141 | | audiologist,” or any similar title or description of services. 24 |
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142 | 142 | | (15) “The practice of speech-language pathology” means rendering or offering to render 25 |
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143 | 143 | | any service in speech-language pathology either in person or via telepractice as defined in this 26 |
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144 | 144 | | section including prevention, identification, evaluation, consultation, habilitation, rehabilitation; 27 |
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145 | 145 | | determining the need for augmentative communication systems, dispensing and selling these 28 |
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146 | 146 | | systems, and providing training in the use of these systems; and planning, directing, conducting, or 29 |
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147 | 147 | | supervising programs that render or offer to render any service in speech-language pathology. 30 |
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148 | 148 | | (i) The practice of speech-language pathology may include nondiagnostic pure-tone air 31 |
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149 | 149 | | conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 32 |
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150 | 150 | | fail determination, for the purpose of performing a speech and language evaluation or for the initial 33 |
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151 | 151 | | identification of individuals with other disorders of communication. 34 |
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152 | 152 | | |
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153 | 153 | | |
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154 | 154 | | LC001413 - Page 5 of 31 |
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155 | 155 | | (ii) The practice of speech-language pathology also may include aural rehabilitation, which 1 |
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156 | 156 | | for purposes of this subsection, means services and procedures for facilitating adequate receptive 2 |
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157 | 157 | | and expressive communication in individuals with hearing impairment. 3 |
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158 | 158 | | (iii) A practice is deemed to be the “practice of speech-language pathology” if services are 4 |
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159 | 159 | | offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 5 |
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160 | 160 | | “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 6 |
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161 | 161 | | “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 7 |
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162 | 162 | | therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 8 |
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163 | 163 | | “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 9 |
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164 | 164 | | description of services. 10 |
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165 | 165 | | (16) “Regionally accredited” means the official guarantee that a college or university or 11 |
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166 | 166 | | other educational institution is in conformity with the standards of education prescribed by a 12 |
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167 | 167 | | regional accrediting commission recognized by the United States Secretary of Education. 13 |
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168 | 168 | | (17) “School hearing screener” means an audiometric aide or audiology assistant working 14 |
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169 | 169 | | in a school-based hearing screening program under the direction of the Rhode Island department 15 |
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170 | 170 | | of elementary and secondary education or its appointee. 16 |
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171 | 171 | | (18) “Speech-language pathologist” means an individual who is licensed by the board to 17 |
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172 | 172 | | practice speech-language pathology either in person or via telepractice. 18 |
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173 | 173 | | (19) “Speech-language pathology” means the activities defined in § 5-48-1 and in this 19 |
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174 | 174 | | section the application of principles, methods, and procedures for prevention, identification, 20 |
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175 | 175 | | evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the 21 |
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176 | 176 | | development and disorders of human communication. Disorders are defined to include any and all 22 |
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177 | 177 | | conditions, whether of organic or non-organic origin, that impede the normal process of human 23 |
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178 | 178 | | communication in individuals or groups of individuals who have or are suspected of having these 24 |
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179 | 179 | | conditions, including, but not limited to, disorders and related disorders of: 25 |
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180 | 180 | | (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 26 |
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181 | 181 | | (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 27 |
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182 | 182 | | pragmatics; and including disorders of receptive and expressive communication in oral, written, 28 |
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183 | 183 | | graphic, and manual modalities); 29 |
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184 | 184 | | (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (such as 30 |
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185 | 185 | | dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 31 |
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186 | 186 | | myofunctional disorders); 32 |
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187 | 187 | | (iv) Cognitive aspects of communication (including communication disability and other 33 |
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188 | 188 | | functional disabilities associated with cognitive impairment); and 34 |
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189 | 189 | | |
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190 | 190 | | |
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191 | 191 | | LC001413 - Page 6 of 31 |
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192 | 192 | | (v) Social aspects of communication (including challenging behavior, ineffective social 1 |
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193 | 193 | | skills, and lack of communication opportunities). 2 |
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194 | 194 | | (20) “Speech-language pathology assistant (SLPA) support personnel” means an 3 |
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195 | 195 | | individual who meets minimum qualifications established by the board, which are less than those 4 |
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196 | 196 | | established by the act this chapter as necessary for licensing as a speech-language pathologist; does 5 |
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197 | 197 | | not act independently; and works under the direction and supervision of a speech-language 6 |
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198 | 198 | | pathologist licensed under the act this chapter who has been actively working in the field for twenty-7 |
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199 | 199 | | four (24) months after completion of the postgraduate professional experience and who accepts the 8 |
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200 | 200 | | responsibility for the acts and performances of the speech-language pathology assistant while 9 |
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201 | 201 | | working under this chapter. 10 |
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202 | 202 | | (21) “Telepractice” means the use of telecommunication technology to deliver speech-11 |
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203 | 203 | | language pathology and audiology services remotely. Other terms such as teleaudiology, 12 |
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204 | 204 | | telespeech, and speech teletherapy are also used in addition to telepractice. Use of telepractice 13 |
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205 | 205 | | should be of equal quality to services provided in person and consistent with adherence to the 14 |
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206 | 206 | | American Speech-Language-Hearing Association (ASHA)’s Code of Ethics (ASHA, 2016a), 15 |
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207 | 207 | | Scope of Practice in Audiology (ASHA, 2018), Scope of Practice in Speech-Language Pathology 16 |
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208 | 208 | | (ASHA, 2016b), and Assistants Code of Conduct (ASHA, 2020), and as further provided in 17 |
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209 | 209 | | regulation. 18 |
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210 | 210 | | 5-48.2-4. License requirements. 19 |
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211 | 211 | | (a) No person shall practice as, advertise as, or use the title of speech-language pathologist 20 |
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212 | 212 | | or audiologist in this state unless licensed in accordance with the provisions of the act and this 21 |
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213 | 213 | | section chapter. The provisions of the act and this section chapter shall not apply to individuals 22 |
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214 | 214 | | specifically exempt from the provisions thereof by § 5-48-10.: 23 |
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215 | 215 | | (1) A qualified person licensed, registered, certified, or credentialed in this state under any 24 |
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216 | 216 | | other law who is practicing the profession or business for which they are licensed, registered, 25 |
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217 | 217 | | certified, or credentialed, in the setting for which the licensure, registration, certification, or 26 |
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218 | 218 | | credential pertains and performs services within their authorized scope of practice; 27 |
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219 | 219 | | (2) This chapter specifically excludes those persons who commercially fit and sell hearing 28 |
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220 | 220 | | aids; provided that, those persons do not receive a separate or additional fee for testing or 29 |
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221 | 221 | | interpreting tests of hearing; and provided that, those persons do not represent themselves as 30 |
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222 | 222 | | audiologists as defined in this chapter. This subsection does not preclude remuneration for any 31 |
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223 | 223 | | other service offered solely in conjunction with the fitting or maintaining of a hearing aid; and 32 |
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224 | 224 | | (3) No one shall be exempt under subsection (a)(1) of this section for that portion of their 33 |
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225 | 225 | | time spent as a private practitioner. If they perform any work as a speech-language pathologist or 34 |
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226 | 226 | | |
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227 | 227 | | |
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228 | 228 | | LC001413 - Page 7 of 31 |
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229 | 229 | | audiologist for which a fee may be paid by the recipient of the service as part of a private practice 1 |
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230 | 230 | | apart from their position with the government, a license must be held. 2 |
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231 | 231 | | (b) A provisional license for the clinical fellow as defined in this chapter shall be required 3 |
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232 | 232 | | in speech-language pathology for that period of postgraduate professional experience as required 4 |
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233 | 233 | | in §§ 5-48-7 and 5-48.2-5. A provisional license shall authorize an individual to practice speech-5 |
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234 | 234 | | language pathology solely in connection with the completion of the supervised postgraduate 6 |
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235 | 235 | | professional experience. 7 |
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236 | 236 | | (c) Any person residing in and/or licensed in another state who provides telepractice 8 |
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237 | 237 | | services in the area of speech-language pathology and audiology within the State of Rhode Island 9 |
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238 | 238 | | regardless of their legal residence must be licensed in the state in accordance with the provisions 10 |
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239 | 239 | | of the act and this chapter. The provisions of the act and this chapter shall not apply to individuals 11 |
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240 | 240 | | specifically exempt from the provisions thereof by § 5-48-10 § 5-48.2-6(a)(2). 12 |
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241 | 241 | | 5-48.2-5. Qualifications for licensure Qualifications for licensure as a speech-language 13 |
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242 | 242 | | pathologist. 14 |
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243 | 243 | | (a) Audiologists. In addition to the requirements set forth in § 5-48-7.2, persons seeking 15 |
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244 | 244 | | initial licensure as an audiologist providing in-person or telepractice services shall meet the 16 |
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245 | 245 | | following requirements: 17 |
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246 | 246 | | (1) Submit an official transcript indicating possession of an earned doctorate degree in 18 |
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247 | 247 | | audiology from a regionally accredited educational institution or other national accrediting 19 |
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248 | 248 | | organization as may be approved by the board; 20 |
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249 | 249 | | (2) Pass a national examination in audiology approved by the board; 21 |
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250 | 250 | | (3) Present evidence of practicum experience that is equivalent to a minimum of twelve 22 |
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251 | 251 | | (12) months of full-time, supervised experience, that may be completed as part of the graduate 23 |
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252 | 252 | | degree, as delineated in this chapter; 24 |
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253 | 253 | | (4) Applicants with a master’s degree holding licensure from another state must present 25 |
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254 | 254 | | verification of a Certificate of Clinical Competence from the American Speech-Language-Hearing 26 |
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255 | 255 | | Association (ASHA) or other national accrediting association as may be approved by the board. 27 |
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256 | 256 | | (b) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed 28 |
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257 | 257 | | as an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 29 |
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258 | 258 | | of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 30 |
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259 | 259 | | (c) Speech-language pathologists. In addition to the requirements set forth in § 5-48-7, an 31 |
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260 | 260 | | applicant seeking licensure to practice as a speech-language pathologist who provides in-person or 32 |
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261 | 261 | | telepractice services in Rhode Island must have attained To be eligible for licensure by the board 33 |
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262 | 262 | | as a speech-language pathologist the applicant must: 34 |
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263 | 263 | | |
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264 | 264 | | |
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265 | 265 | | LC001413 - Page 8 of 31 |
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266 | 266 | | (1) Be of good moral character; 1 |
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267 | 267 | | (2) Apply to the department, upon a form prescribed by the department; 2 |
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268 | 268 | | (3) Submit the appropriate application fee; 3 |
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269 | 269 | | (4) Complete supervised clinical-practicum experiences from an educational institution or 4 |
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270 | 270 | | its cooperating programs. The content of the practicum shall be in accordance with the current, 5 |
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271 | 271 | | minimum requirements for the certificate of clinical competence issued by the American Speech-6 |
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272 | 272 | | Language-Hearing Association (ASHA) or other national accrediting association as may be 7 |
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273 | 273 | | approved by the board and delineated in the rules and regulations; 8 |
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274 | 274 | | (5) Pass a national examination in speech-language pathology as required by the American 9 |
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275 | 275 | | Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 10 |
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276 | 276 | | be approved by the board and delineated in the rules and regulations; 11 |
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277 | 277 | | (6) Present verification of a certificate of clinical competence from the American Speech-12 |
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278 | 278 | | Language-Hearing Association (ASHA) or other national accrediting association as may be 13 |
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279 | 279 | | approved by the board; and 14 |
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280 | 280 | | (7) If applicable, present evidence from the board of speech-language pathology in each 15 |
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281 | 281 | | state in which the applicant has held or holds licensure to be submitted to the board of this state, 16 |
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282 | 282 | | attesting to the licensure status of the applicant during the time period the applicant held licensure 17 |
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283 | 283 | | in the state. 18 |
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284 | 284 | | (8) Attained a master’s degree or a doctoral degree or equivalent in speech-language 19 |
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285 | 285 | | pathology from an accredited educational institution accredited by the Council on Academic 20 |
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286 | 286 | | Accreditation (CAA) of the American Speech-Language-Hearing Association (ASHA) or other 21 |
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287 | 287 | | national accrediting association as may be approved by the board. The degree shall consist of course 22 |
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288 | 288 | | work in accordance with the current minimum requirements for the Certificate of Clinical 23 |
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289 | 289 | | Competence issued by the American Speech-Language-Hearing Association (ASHA) or other 24 |
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290 | 290 | | national accrediting association as may be approved by the board. 25 |
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291 | 291 | | (d) Qualifications for a provisional license for speech-language pathologists. To be 26 |
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292 | 292 | | eligible for provisional licensure by the department, the speech-language pathologist must submit 27 |
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293 | 293 | | an application with the required application fee and be in compliance with the requirements of this 28 |
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294 | 294 | | chapter and § 5-48-7.1. 29 |
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295 | 295 | | 5-48.2-6. Issuance and renewal of license and fee. 30 |
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296 | 296 | | (a) The department shall issue a license as an audiologist or speech-language pathologist, 31 |
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297 | 297 | | or renewal thereof, for a period of two (2) years. The license, unless sooner suspended or revoked, 32 |
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298 | 298 | | shall expire on the first day of July, two (2) years following its issuance, and may be renewed 33 |
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299 | 299 | | biennially (in even years); provided the applicant meets the requirements of this chapter and the 34 |
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300 | 300 | | |
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301 | 301 | | |
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302 | 302 | | LC001413 - Page 9 of 31 |
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303 | 303 | | statutory provisions of the act. The licensee must maintain their certificate of clinical competence 1 |
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304 | 304 | | in their practicing area (speech-language pathology or audiology) in order to renew their license. 2 |
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305 | 305 | | (b) A license may be renewed by submission of the renewal application and renewal fee as 3 |
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306 | 306 | | set forth in the fee structure for licensing, laboratory, and administrative services provided by the 4 |
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307 | 307 | | department of health in their regulations payable before July 1 of even years (biennially). 5 |
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308 | 308 | | (c) A provisional license may be renewed annually from the date of issue, if the 6 |
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309 | 309 | | postgraduate professional experience has exceeded one year, by submission of the renewal 7 |
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310 | 310 | | application and renewal fee as set forth in the fee structure for licensing, laboratory, and 8 |
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311 | 311 | | administrative services provided by the department of health. A provisional license shall not exceed 9 |
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312 | 312 | | thirty-six (36) months past the initiation of the professional experience and will expire ninety (90) 10 |
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313 | 313 | | days after the end of the postgraduate professional experience. 11 |
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314 | 314 | | (d)(1) Any licensee who allows their license to lapse by failing to renew it on or before the 12 |
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315 | 315 | | thirtieth day of June of even years (biennially), may have the license renewed reinstated by 13 |
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316 | 316 | | submitting to the department an application, and renewal fee plus an additional late fee as set forth 14 |
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317 | 317 | | in the fee structure for licensing, laboratory, and administrative services provided by the department 15 |
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318 | 318 | | of health § 23-1-54, and documentation of completion of continuing education units (CEUs) as 16 |
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319 | 319 | | required in this chapter taken during the previous two (2) years. 17 |
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320 | 320 | | (2) Any person who allows their license to lapse longer than two (2) consecutive licensing 18 |
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321 | 321 | | periods may be reinstated by the department, upon the filing of: 19 |
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322 | 322 | | (i) A reinstatement application for licensure; 20 |
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323 | 323 | | (ii) Payment of the current licensure renewal fee plus an additional late fee as set forth in 21 |
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324 | 324 | | the fee structure for licensing, laboratory, and administrative services provided by the department 22 |
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325 | 325 | | of health; and 23 |
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326 | 326 | | (iii) Documentation of completion of continuing education units (CEUs) as required in this 24 |
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327 | 327 | | chapter taken during the previous two (2) years. 25 |
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328 | 328 | | (e) Inactive status. 26 |
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329 | 329 | | (1) An individual licensed as a speech-language pathologist and/or audiologist in Rhode 27 |
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330 | 330 | | Island, not in the active practice of speech-language pathology or audiology within Rhode Island 28 |
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331 | 331 | | during any year, may upon request to the department have their name transferred to an inactive 29 |
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332 | 332 | | status and shall not be required to register biennially or pay any fee as long as the individual remains 30 |
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333 | 333 | | inactive. 31 |
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334 | 334 | | (2) Inactive status may be maintained for no longer than two (2) consecutive licensing 32 |
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335 | 335 | | periods, after which period licensure will be terminated and a reinstatement application submitted 33 |
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336 | 336 | | to the department will be required to resume practice. 34 |
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337 | 337 | | |
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338 | 338 | | |
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339 | 339 | | LC001413 - Page 10 of 31 |
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340 | 340 | | (3) Any individual whose name has been transferred to an inactive status may be restored 1 |
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341 | 341 | | to active status within two (2) licensing periods to practice speech-language pathology or audiology 2 |
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342 | 342 | | without a penalty fee, upon the filing of: 3 |
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343 | 343 | | (i) An application for licensure renewal with a licensure renewal fee as set forth in the fee 4 |
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344 | 344 | | structure for licensing, laboratory, and administrative services provided by the department of health 5 |
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345 | 345 | | § 23-1-54; and 6 |
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346 | 346 | | (ii) Such other information as may be requested by the board. 7 |
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347 | 347 | | (f) Any non-provisional, active license may be renewed biennially by submission of the 8 |
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348 | 348 | | renewal application and renewal fee as set forth in regulations payable before July 1 of even years. 9 |
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349 | 349 | | 5-48.2-7. Denial, suspension, and revocation of license. 10 |
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350 | 350 | | (a) The board is authorized to deny, suspend or revoke any license to practice speech-11 |
---|
351 | 351 | | language pathology and/or audiology or discipline any licensee upon a finding by the board that 12 |
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352 | 352 | | the person is guilty of conduct as set forth in § 5-48-11, and in addition: 13 |
---|
353 | 353 | | (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 14 |
---|
354 | 354 | | licensee, holder, or for another; 15 |
---|
355 | 355 | | (2) Fraudulently or deceptively used a license; 16 |
---|
356 | 356 | | (3) Altered a license; 17 |
---|
357 | 357 | | (4) Aided or abetted unlicensed practice; 18 |
---|
358 | 358 | | (5) Committed fraud and deceit in the practice of speech-language pathology or of 19 |
---|
359 | 359 | | audiology including, but not limited to: 20 |
---|
360 | 360 | | (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 21 |
---|
361 | 361 | | advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 22 |
---|
362 | 362 | | or any other representation; 23 |
---|
363 | 363 | | (ii) Falsely representing the use or availability of services or advice of a physician; 24 |
---|
364 | 364 | | (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 25 |
---|
365 | 365 | | similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 26 |
---|
366 | 366 | | from an accredited institution; 27 |
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367 | 367 | | (iv) Making or filing a false report or record in the practice of speech-language pathology 28 |
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368 | 368 | | or audiology; 29 |
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369 | 369 | | (v) Submitting a false statement to collect a fee; and 30 |
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370 | 370 | | (vi) Obtaining a fee through fraud or misrepresentation; 31 |
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371 | 371 | | (6) Providing services while mentally incompetent; 32 |
---|
372 | 372 | | (7) Engaging in illegal, incompetent, or habitually negligent practice; 33 |
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373 | 373 | | (8) Providing professional services while: 34 |
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374 | 374 | | |
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375 | 375 | | |
---|
376 | 376 | | LC001413 - Page 11 of 31 |
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377 | 377 | | (i) Under the influence of alcohol; or 1 |
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378 | 378 | | (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 2 |
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379 | 379 | | therapeutic amounts or without valid medical indication; 3 |
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380 | 380 | | (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 4 |
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381 | 381 | | from these devices, appliances, or products; 5 |
---|
382 | 382 | | (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 6 |
---|
383 | 383 | | adopted by the board or departure from or failure to conform to the current standards of acceptable 7 |
---|
384 | 384 | | prevailing practice and code of ethics of speech-language pathology or audiology; 8 |
---|
385 | 385 | | (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 9 |
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386 | 386 | | any appeal or another proceeding is pending to have the conviction or plea set aside; 10 |
---|
387 | 387 | | (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 11 |
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388 | 388 | | audiology; 12 |
---|
389 | 389 | | (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 13 |
---|
390 | 390 | | (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 14 |
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391 | 391 | | or convicted or disciplined by a court of any state or country, for an act that would be grounds for 15 |
---|
392 | 392 | | disciplinary action under this section; or 16 |
---|
393 | 393 | | (15) Failing to maintain continuing education requirements. 17 |
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394 | 394 | | (1)(16) Violating any provision of the act this chapter, any lawful order given, or rule or 18 |
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395 | 395 | | regulation adopted by the board or departure from or failure to conform to the current standards of 19 |
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396 | 396 | | acceptable prevailing practice and code of ethics of speech-language pathology or audiology as 20 |
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397 | 397 | | adopted by the board and as contained in the “American Speech-Language-Hearing Association 21 |
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398 | 398 | | Code of Ethics” as incorporated in this chapter. The board need not establish actual injury to clients 22 |
---|
399 | 399 | | in order to adjudge a speech-language pathologist or audiologist of the above-named conduct. 23 |
---|
400 | 400 | | (2)(b) The procedure for denial, revocation, or suspension of a license or discipline of a 24 |
---|
401 | 401 | | licensee shall be as that set forth in § 5-48-13. § 5-48.2-11(b)(1) through (8): 25 |
---|
402 | 402 | | (1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 26 |
---|
403 | 403 | | particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 27 |
---|
404 | 404 | | licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 28 |
---|
405 | 405 | | (2) The individual against whom a charge is filed has the right to appear before the board 29 |
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406 | 406 | | in person or by counsel, or both; may produce witnesses and evidence on their behalf; and may 30 |
---|
407 | 407 | | question witnesses. 31 |
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408 | 408 | | (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 32 |
---|
409 | 409 | | the licensee, after notice, shall not prevent a hearing. 33 |
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410 | 410 | | (4) All matters upon which the decision is based shall be introduced in evidence at the 34 |
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411 | 411 | | |
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412 | 412 | | |
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413 | 413 | | LC001413 - Page 12 of 31 |
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414 | 414 | | proceeding. 1 |
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415 | 415 | | (5) The licensee shall be notified, in writing, of the board’s decision. 2 |
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416 | 416 | | (6) The board may make any rules and regulations that it deems proper for the filing of 3 |
---|
417 | 417 | | charges and the conduct of hearings. 4 |
---|
418 | 418 | | (7) After issuing an order of revocation or suspension, the board may also file a petition in 5 |
---|
419 | 419 | | equity in the superior court in a county in which the respondent resides or transacts business, to 6 |
---|
420 | 420 | | ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 7 |
---|
421 | 421 | | final determination. 8 |
---|
422 | 422 | | (8) An application for reinstatement may be made to the board, which may, upon the 9 |
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423 | 423 | | affirmative vote of at least the majority of its members, grant a reinstatement. 10 |
---|
424 | 424 | | 5-48.2-8. Support personnel. 11 |
---|
425 | 425 | | (a) A speech-language pathology assistant (SLPA) for speech-language pathologists shall 12 |
---|
426 | 426 | | meet the following requirements: 13 |
---|
427 | 427 | | (1) Hold a bachelor’s degree from an accredited college or university and have successfully 14 |
---|
428 | 428 | | completed no less than eighteen (18) hours of graduate credit in the areas of speech-language 15 |
---|
429 | 429 | | pathology to include the following: 16 |
---|
430 | 430 | | (i) Normal processes in speech, language, and hearing three (3) hours; 17 |
---|
431 | 431 | | (ii) Disorders of speech, language, and hearing nine (9) hours; 18 |
---|
432 | 432 | | (iii) Equipment, materials, procedures, and data collection used in assessment and/or 19 |
---|
433 | 433 | | management of speech, language, and hearing disorders six (6) hours; and 20 |
---|
434 | 434 | | (iv) Completion of twenty-five percent (25%) of those practicum hours required for 21 |
---|
435 | 435 | | professional personnel by the American Speech-Language-Hearing Association. 22 |
---|
436 | 436 | | (2) A speech-language pathology assistant (SLPA) shall be registered licensed at the 23 |
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437 | 437 | | department and be required to re-register renew the license every two (2) years. 24 |
---|
438 | 438 | | (b) Support personnel for audiologists (audiometric aide) or audiology assistants must meet 25 |
---|
439 | 439 | | the following requirements: 26 |
---|
440 | 440 | | (1) Hold a high school diploma; 27 |
---|
441 | 441 | | (2) Receive intensive on-the-job training in accordance with the American Speech-28 |
---|
442 | 442 | | Language-Hearing Association (ASHA) or American Academy of Audiology (AAA) guidelines 29 |
---|
443 | 443 | | for support personnel by the supervising licensed audiologist prior to providing services. Any 30 |
---|
444 | 444 | | subsequent supervising licensed audiologist may require retraining of an audiometric aide or 31 |
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445 | 445 | | audiology assistant under the supervising licensed audiologist’s supervision. 32 |
---|
446 | 446 | | (3) Audiometric aides or audiology assistants shall be registered licensed at the department 33 |
---|
447 | 447 | | and be required to re-register renew the license every two (2) years. 34 |
---|
448 | 448 | | |
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449 | 449 | | |
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450 | 450 | | LC001413 - Page 13 of 31 |
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451 | 451 | | 5-48.2-9. Supervision and responsibility. 1 |
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452 | 452 | | (a)(1) A supervising professional must be a speech-language pathologist or audiologist who 2 |
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453 | 453 | | is licensed under the act and this chapter; has attained and maintained their certificate of clinical 3 |
---|
454 | 454 | | competency and who has been actively working in the field for twenty-four (24) months after 4 |
---|
455 | 455 | | completion of the postgraduate professional experience; and must be responsible for the acts and 5 |
---|
456 | 456 | | performances, patient screening, and specific tasks assigned by the licensee to the speech-language 6 |
---|
457 | 457 | | pathology assistant (SLPA)/audiometric aide or audiology assistant. 7 |
---|
458 | 458 | | (2) A licensee who supervises support personnel must: 8 |
---|
459 | 459 | | (i) Utilize the services of only those who meet the minimum requirements enumerated 9 |
---|
460 | 460 | | under this chapter; 10 |
---|
461 | 461 | | (ii) Ensure that the support personnel are assigned only those duties and responsibilities for 11 |
---|
462 | 462 | | which the person has been specifically trained and which the assistant is qualified to perform; 12 |
---|
463 | 463 | | (iii) Ensure that persons who will be receiving services from support personnel, or the 13 |
---|
464 | 464 | | person’s legal representative, are informed that services are being rendered by support personnel; 14 |
---|
465 | 465 | | (iv) Provide supervision of the support personnel (other than newborn hearing screeners 15 |
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466 | 466 | | and school hearing screeners); and 16 |
---|
467 | 467 | | (v) Complete a minimum of two (2) hours of professional development in clinical 17 |
---|
468 | 468 | | instruction/supervision. 18 |
---|
469 | 469 | | (b) A speech-language pathologist supervisor may only supervise one full-time equivalent 19 |
---|
470 | 470 | | speech-language pathology assistant (SLPA) support personnel and an audiologist supervisor may 20 |
---|
471 | 471 | | only supervise three (3) full-time equivalent audiometric aides or audiology assistants unless 21 |
---|
472 | 472 | | otherwise approved by the board. 22 |
---|
473 | 473 | | (c) Observations of support audiometric aides must be completed and documented as to 23 |
---|
474 | 474 | | date, amount of time, and accuracy and efficacy of service according to the following: Direct on-24 |
---|
475 | 475 | | site observations of the first ten (10) hours of direct client contact; and five percent (5%) of all 25 |
---|
476 | 476 | | clinical sessions after the first ten (10) hours for every forty (40) consecutive hours worked; and 26 |
---|
477 | 477 | | indirect supervision (e.g., home, interactive television, audio/video review, or patient record 27 |
---|
478 | 478 | | review) of five percent (5%) of each forty (40) consecutive hours worked. 28 |
---|
479 | 479 | | 5-48.2-13. Rules governing practices and procedures. 29 |
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480 | 480 | | All hearings and reviews required under the provisions of the act this chapter shall be held 30 |
---|
481 | 481 | | in accordance with the provisions of the rules and regulations regarding practices and procedures 31 |
---|
482 | 482 | | before the department of health. 32 |
---|
483 | 483 | | SECTION 3. Chapter 5-48.2 of the General Laws entitled "Professional Licensing and 33 |
---|
484 | 484 | | Regulation of Speech-Language Pathologists and Audiologists" is hereby amended by adding 34 |
---|
485 | 485 | | |
---|
486 | 486 | | |
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487 | 487 | | LC001413 - Page 14 of 31 |
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488 | 488 | | thereto the following sections: 1 |
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489 | 489 | | 5-48.2-14. Board of examiners -- Composition -- Appointments, terms, and 2 |
---|
490 | 490 | | qualifications of members. 3 |
---|
491 | 491 | | (a) There exists within the department of health a board of examiners of speech-language 4 |
---|
492 | 492 | | pathology and audiology. The board shall consist of five (5) persons who are residents of the state 5 |
---|
493 | 493 | | and who have worked within the state for at least one year prior to their appointments. 6 |
---|
494 | 494 | | (1) Two (2) members shall be speech-language pathologists who have practiced speech-7 |
---|
495 | 495 | | language pathology for at least five (5) years preceding appointment, are currently practicing 8 |
---|
496 | 496 | | speech-language pathology, and hold active and valid licensure for the practice of speech-language 9 |
---|
497 | 497 | | pathology in this state. 10 |
---|
498 | 498 | | (2) One member shall be an audiologist who has practiced audiology for at least five (5) 11 |
---|
499 | 499 | | years immediately preceding appointment, is currently practicing audiology, and holds active and 12 |
---|
500 | 500 | | valid licensure for the practice of audiology in this state. 13 |
---|
501 | 501 | | (3) One member shall be an otolaryngologist who holds certification by the American 14 |
---|
502 | 502 | | Academy of Otolaryngology -- head and neck surgery, who is currently practicing otolaryngology, 15 |
---|
503 | 503 | | and holds active and valid licensure as a physician within this state. 16 |
---|
504 | 504 | | (4) One member shall be a representative of the consumer public who is not associated 17 |
---|
505 | 505 | | with or financially interested in the practice or business of speech-language pathology or audiology. 18 |
---|
506 | 506 | | (b) All appointments to the board shall be for the term of three (3) years. Members shall 19 |
---|
507 | 507 | | serve until the expiration of the term for which they have been appointed or until their appointed 20 |
---|
508 | 508 | | successors are qualified. 21 |
---|
509 | 509 | | (c) When a vacancy upon the board occurs, the director of the department of health shall, 22 |
---|
510 | 510 | | with the approval of the governor, appoint persons who are working within the state to fill the 23 |
---|
511 | 511 | | remainder of the vacant term. 24 |
---|
512 | 512 | | (d) The board shall reorganize annually during the month of January and shall select a 25 |
---|
513 | 513 | | chairperson. 26 |
---|
514 | 514 | | (e) A majority of currently filled positions shall constitute a quorum to do business. 27 |
---|
515 | 515 | | (f) No person shall be appointed to serve more than two (2) consecutive terms. 28 |
---|
516 | 516 | | (g) The first board and all future members shall be appointed by the director of the 29 |
---|
517 | 517 | | department of health, with the approval of the governor. 30 |
---|
518 | 518 | | (h) The director of the department of health, with the approval of the governor, may remove 31 |
---|
519 | 519 | | any member of the board for dishonorable conduct, incompetency, or neglect of duty. 32 |
---|
520 | 520 | | 5-48.2-15. Board of examiners -- Duties and powers -- Meetings -- Compensation of 33 |
---|
521 | 521 | | members. 34 |
---|
522 | 522 | | |
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523 | 523 | | |
---|
524 | 524 | | LC001413 - Page 15 of 31 |
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525 | 525 | | (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 1 |
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526 | 526 | | evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 2 |
---|
527 | 527 | | administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 3 |
---|
528 | 528 | | chapter and impose penalties if any violations of the chapter have occurred. 4 |
---|
529 | 529 | | (b) The board shall conduct hearings and keep records and minutes as necessary to an 5 |
---|
530 | 530 | | orderly dispatch of business. 6 |
---|
531 | 531 | | (c) The board shall, with the approval of the director of the department of health, adopt, 7 |
---|
532 | 532 | | amend, or repeal rules and regulations including, but not limited to, regulations that delineate 8 |
---|
533 | 533 | | qualifications for licensure and establish standards of professional conduct. Following their 9 |
---|
534 | 534 | | adoption, the rules and regulations shall govern and control the professional conduct of every 10 |
---|
535 | 535 | | person who holds a license to practice speech-language pathology or audiology in this state. 11 |
---|
536 | 536 | | (d) The board shall make available complete lists of the names and addresses of all licensed 12 |
---|
537 | 537 | | speech-language pathologists and audiologists. 13 |
---|
538 | 538 | | (e) The board may request legal advice and assistance from the appropriate state legal 14 |
---|
539 | 539 | | officer. 15 |
---|
540 | 540 | | (f) Regular meetings of the board shall be held at the times and places that it prescribes, 16 |
---|
541 | 541 | | and special meetings may be held upon the call of the chairperson; provided that, at least one regular 17 |
---|
542 | 542 | | meeting shall be held each year. 18 |
---|
543 | 543 | | (g) The conferral or enumeration of specific powers in this chapter shall not be construed 19 |
---|
544 | 544 | | as a limitation of the general powers conferred by this section. No member of the board shall be 20 |
---|
545 | 545 | | liable to civil action for any act performed in good faith in the performance of their duties as 21 |
---|
546 | 546 | | prescribed by this chapter. 22 |
---|
547 | 547 | | (h) Board members shall serve without compensation. 23 |
---|
548 | 548 | | (i) The board may deny, revoke, or suspend licenses or discipline licensees in accordance 24 |
---|
549 | 549 | | with the provisions of this chapter subject to the approval of the director. 25 |
---|
550 | 550 | | 5-48.2-16. Receipts. 26 |
---|
551 | 551 | | The proceeds of any fees collected pursuant to the provisions of this chapter shall be 27 |
---|
552 | 552 | | deposited as general revenues. 28 |
---|
553 | 553 | | 5-48.2-17. Qualifications for provisional licensure. 29 |
---|
554 | 554 | | (a) To be eligible for provisional licensure by the board, the speech-language pathologist 30 |
---|
555 | 555 | | applicant must submit an application with the required application fee and be in compliance with 31 |
---|
556 | 556 | | the requirements of § 5-48.2-7(a)(1), (4), (5), and (8). 32 |
---|
557 | 557 | | (b) In addition to the requirements of subsection (a) of this section, content of the 33 |
---|
558 | 558 | | supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 34 |
---|
559 | 559 | | |
---|
560 | 560 | | |
---|
561 | 561 | | LC001413 - Page 16 of 31 |
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562 | 562 | | speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 1 |
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563 | 563 | | other national accrediting association as may be approved by the board. 2 |
---|
564 | 564 | | (c) If the postgraduate professional experience extends beyond one-year, provisional 3 |
---|
565 | 565 | | licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 4 |
---|
566 | 566 | | professional experience. 5 |
---|
567 | 567 | | (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 6 |
---|
568 | 568 | | professional experience. 7 |
---|
569 | 569 | | 5-48.2-18. Qualifications for licensure as an audiologist. 8 |
---|
570 | 570 | | Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 9 |
---|
571 | 571 | | the following requirements: 10 |
---|
572 | 572 | | (1) Be of good moral character; 11 |
---|
573 | 573 | | (2) Apply to the board, upon a form prescribed by the board; 12 |
---|
574 | 574 | | (3) Submit the appropriate application fee; 13 |
---|
575 | 575 | | (4) Submit an official transcript indicating possession of an earned doctorate degree in 14 |
---|
576 | 576 | | audiology from a regionally accredited educational institution as delineated in the rules and 15 |
---|
577 | 577 | | regulations; 16 |
---|
578 | 578 | | (5) Pass a national examination in audiology approved by the board and delineated in the 17 |
---|
579 | 579 | | rules and regulations; 18 |
---|
580 | 580 | | (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 19 |
---|
581 | 581 | | (12) months of full-time, supervised experience, that may be completed as part of the graduate 20 |
---|
582 | 582 | | degree, as delineated in the rules and regulations; 21 |
---|
583 | 583 | | (7) If applicable, present evidence from the board of audiology in each state in which the 22 |
---|
584 | 584 | | applicant has held or holds licensure to be submitted to the board of this state, attesting to the 23 |
---|
585 | 585 | | licensure status of the applicant during the time period the applicant held licensure in the state; 24 |
---|
586 | 586 | | (8) Any other requirements as set forth in the rules and regulations. 25 |
---|
587 | 587 | | (9) Applicants with a master’s degree holding licensure from another state must present 26 |
---|
588 | 588 | | verification of a Certificate of Clinical Competence from the American Academy of Audiology 27 |
---|
589 | 589 | | (AAA) or other national accrediting association as may be approved by the board. 28 |
---|
590 | 590 | | (10) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed as 29 |
---|
591 | 591 | | an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 30 |
---|
592 | 592 | | of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 31 |
---|
593 | 593 | | SECTION 4. Section 5-48.2-2 of the General Laws in Chapter 5-48.2 entitled "Professional 32 |
---|
594 | 594 | | Licensing and Regulation of Speech-Language Pathologists and Audiologists" is hereby repealed. 33 |
---|
595 | 595 | | 5-48.2-2. Incorporated materials. 34 |
---|
596 | 596 | | |
---|
597 | 597 | | |
---|
598 | 598 | | LC001413 - Page 17 of 31 |
---|
599 | 599 | | This chapter hereby adopts and incorporates the American Speech-Language-Hearing 1 |
---|
600 | 600 | | Association’s “American Speech-Language-Hearing Association Code of Ethics” (2016) by 2 |
---|
601 | 601 | | reference, not including any further editions or amendments thereof and only to the extent that the 3 |
---|
602 | 602 | | provisions therein are not inconsistent with these regulations. 4 |
---|
603 | 603 | | SECTION 5. Section 5-95-9 of the General Laws in Chapter 5-95 entitled "Licensing of 5 |
---|
604 | 604 | | Massage Therapists" is hereby amended to read as follows: 6 |
---|
605 | 605 | | 5-95-9. Licensing — Qualifications for licensure (initial and endorsement); Issuance 7 |
---|
606 | 606 | | or denial of license. 8 |
---|
607 | 607 | | (a) Every person desiring to begin the practice of massage therapy, except persons with 9 |
---|
608 | 608 | | special provisions as provided in this chapter, shall present satisfactory evidence to the division of 10 |
---|
609 | 609 | | professional regulation of the department that the person: 11 |
---|
610 | 610 | | (1) Is over eighteen (18) years of age; 12 |
---|
611 | 611 | | (2) Has submitted to a national criminal background check in accordance with this chapter; 13 |
---|
612 | 612 | | (3) Effective January 1, 2025: 14 |
---|
613 | 613 | | (i) For an applicant for licensure pursuing a first massage therapist license: 15 |
---|
614 | 614 | | Has successfully completed an approved massage therapy education program, meeting the 16 |
---|
615 | 615 | | minimum requirements established by the board, including at least eight hundred (800) hours of 17 |
---|
616 | 616 | | supervised in-class, hands-on coursework and clinical work, and has successfully completed an 18 |
---|
617 | 617 | | approved massage therapy education program, meeting the minimum requirements established by 19 |
---|
618 | 618 | | the board including at least six hundred fifty (650) hours of supervised in-class, hands-on 20 |
---|
619 | 619 | | coursework and clinical work prior to December 31, 2024 2025; 21 |
---|
620 | 620 | | (ii) For an applicant for licensure by endorsement, holding a massage therapist license in 22 |
---|
621 | 621 | | another state: 23 |
---|
622 | 622 | | Has successfully completed a massage therapy education program that meets the approved 24 |
---|
623 | 623 | | massage therapy education program definition in § 5-95-3, including eight hundred (800) hours of 25 |
---|
624 | 624 | | supervised in-class, hands-on coursework and clinical work or its equivalent. 26 |
---|
625 | 625 | | (iii) Hour equivalents may be granted in the following manner: 27 |
---|
626 | 626 | | (A) Each fifty (50) to sixty (60) minutes obtained from a course of study in massage therapy 28 |
---|
627 | 627 | | equals one hour; 29 |
---|
628 | 628 | | (B) Each one semester credit hour of massage therapy-related college/university study 30 |
---|
629 | 629 | | equals fifteen (15) hours; 31 |
---|
630 | 630 | | (C) Each year of full-time practice as a massage therapist equals one hundred (100) hours; 32 |
---|
631 | 631 | | (D) Up to one hundred (100) hours may be granted for completion of continuing education 33 |
---|
632 | 632 | | programs related to the massage therapy scope of practice described in § 5-95-4; and 34 |
---|
633 | 633 | | |
---|
634 | 634 | | |
---|
635 | 635 | | LC001413 - Page 18 of 31 |
---|
636 | 636 | | (4) Has successfully completed an examination approved by the board. Any examination 1 |
---|
637 | 637 | | approved by the board must meet generally recognized standards including development through 2 |
---|
638 | 638 | | the use of a job-task analysis and must meet appropriate psychometric standards. 3 |
---|
639 | 639 | | (b) The department may grant a license to any applicant who has satisfied the requirements 4 |
---|
640 | 640 | | of subsection (a) of this section, has completed all appropriate forms, paid all appropriate fees, and 5 |
---|
641 | 641 | | has met substantially equivalent standards in obtaining a valid license, permit, certificate, or 6 |
---|
642 | 642 | | registration issued by any other state or territory of the United States or by a foreign country. 7 |
---|
643 | 643 | | (c) The department shall, within sixty (60) days from the time any application for a license 8 |
---|
644 | 644 | | is received, grant the application and issue a license to practice massage therapy for the remaining 9 |
---|
645 | 645 | | two-year (2) cycle from that date if the department is satisfied that the applicant complies with the 10 |
---|
646 | 646 | | rules and regulations promulgated in accordance with this chapter. An applicant, whose national 11 |
---|
647 | 647 | | criminal background check reveals a conviction for any sexual offense, including, but not limited 12 |
---|
648 | 648 | | to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this 13 |
---|
649 | 649 | | chapter. 14 |
---|
650 | 650 | | (d) The fee for original application for licensure as a massage therapist and the fee for 15 |
---|
651 | 651 | | annual license renewal every two (2) years shall be determined by the department. 16 |
---|
652 | 652 | | (e) Any person applying for a license under this chapter shall undergo a national criminal 17 |
---|
653 | 653 | | background check. Such persons shall apply to the bureau of criminal identification of the state 18 |
---|
654 | 654 | | police or local police department for a national criminal background check. Fingerprinting shall be 19 |
---|
655 | 655 | | required. Upon the discovery of any disqualifying information as defined in subsection (f) of this 20 |
---|
656 | 656 | | section, the bureau of criminal identification of the state police or the local police department shall 21 |
---|
657 | 657 | | inform the applicant, in writing, of the nature of the disqualifying information and, without 22 |
---|
658 | 658 | | disclosing the nature of the disqualifying information, shall notify the board, in writing, that 23 |
---|
659 | 659 | | disqualifying information has been found. In those situations in which no disqualifying information 24 |
---|
660 | 660 | | has been found, the bureau of criminal identification shall inform the applicant and the board in 25 |
---|
661 | 661 | | writing of this fact. An applicant against whom disqualifying information has been found may 26 |
---|
662 | 662 | | request that a copy of the national criminal background report be sent to the board, which shall 27 |
---|
663 | 663 | | make a judgment regarding the licensure of the applicant. The applicant shall be responsible for 28 |
---|
664 | 664 | | payment of the costs of the national criminal background check. 29 |
---|
665 | 665 | | (f) “Disqualifying information” means those offenses, including, but not limited to, those 30 |
---|
666 | 666 | | defined in chapters 34, 34.1, and 37 of title 11, and § 23-17-37. 31 |
---|
667 | 667 | | (g) Notwithstanding the provisions of this section, any city or town may, by ordinance, 32 |
---|
668 | 668 | | regulate the opening, the presence, the location, and the operation of any bodyworks business or 33 |
---|
669 | 669 | | any business providing bodyworks services. Provided, however, no ordinance may impose 34 |
---|
670 | 670 | | |
---|
671 | 671 | | |
---|
672 | 672 | | LC001413 - Page 19 of 31 |
---|
673 | 673 | | additional qualifications beyond those adopted by the department pursuant to this chapter 1 |
---|
674 | 674 | | respecting national criminal background checks for persons applying for a license. 2 |
---|
675 | 675 | | SECTION 6. Chapter 5-48 of the General Laws entitled "Speech-Language Pathology and 3 |
---|
676 | 676 | | Audiology" is hereby repealed in its entirety. 4 |
---|
677 | 677 | | CHAPTER 5-48 5 |
---|
678 | 678 | | Speech-Language Pathology and Audiology 6 |
---|
679 | 679 | | 5-48-1. Purpose and legislative intent — Definitions. 7 |
---|
680 | 680 | | (a) It is declared to be a policy of this state that the practice of speech-language pathology 8 |
---|
681 | 681 | | and audiology is a privilege granted to qualified persons and that, in order to safeguard the public 9 |
---|
682 | 682 | | health, safety, and welfare; protect the public from being misled by incompetent, unscrupulous, and 10 |
---|
683 | 683 | | unauthorized persons; and protect the public from unprofessional conduct by qualified speech-11 |
---|
684 | 684 | | language pathologists and audiologists, it is necessary to provide regulatory authority over persons 12 |
---|
685 | 685 | | offering speech-language pathology and audiology services to the public. 13 |
---|
686 | 686 | | (b) The following words and terms when used in this chapter have the following meaning 14 |
---|
687 | 687 | | unless otherwise indicated within the context: 15 |
---|
688 | 688 | | (1) “Audiologist” means an individual licensed by the board to practice audiology. 16 |
---|
689 | 689 | | (2) “Audiology” means the application of principles, methods, and procedures related to 17 |
---|
690 | 690 | | hearing and the disorders of the hearing and balance systems, to related language and speech 18 |
---|
691 | 691 | | disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is 19 |
---|
692 | 692 | | defined as altered sensitivity, acuity, function, processing, or damage to the integrity of the 20 |
---|
693 | 693 | | physiological auditory/vestibular systems. 21 |
---|
694 | 694 | | (3) “Board” means the state board of examiners of speech-language pathology and 22 |
---|
695 | 695 | | audiology. 23 |
---|
696 | 696 | | (4) “Clinical fellow” means the person who is practicing speech-language pathology under 24 |
---|
697 | 697 | | the supervision of a licensed speech-language pathologist while completing the postgraduate 25 |
---|
698 | 698 | | professional experience as required by this chapter. 26 |
---|
699 | 699 | | (5) “Department” means the Rhode Island department of health. 27 |
---|
700 | 700 | | (6) “Director” means the director of the Rhode Island department of health. 28 |
---|
701 | 701 | | (7) “Person” means an individual, partnership, organization, or corporation, except that 29 |
---|
702 | 702 | | only individuals can be licensed under this chapter. 30 |
---|
703 | 703 | | (8)(i) “Practice of audiology” means rendering or offering to render any service in 31 |
---|
704 | 704 | | audiology, including prevention, screening, and identification, evaluation, habilitation, 32 |
---|
705 | 705 | | rehabilitation; participating in environmental and occupational hearing-conservation programs, and 33 |
---|
706 | 706 | | habilitation and rehabilitation programs including hearing aid and assistive-listening-device 34 |
---|
707 | 707 | | |
---|
708 | 708 | | |
---|
709 | 709 | | LC001413 - Page 20 of 31 |
---|
710 | 710 | | evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training 1 |
---|
711 | 711 | | and speech reading; conducting and interpreting tests of vestibular function and nystagmus; 2 |
---|
712 | 712 | | conducting and interpreting electrophysiological measures of the auditory pathway; cerumen 3 |
---|
713 | 713 | | management; evaluating sound environment and equipment; calibrating instruments used in testing 4 |
---|
714 | 714 | | and supplementing auditory function; and planning, directing, conducting, or supervising programs 5 |
---|
715 | 715 | | that render or offer to render any service in audiology. 6 |
---|
716 | 716 | | (ii) The practice of audiology may include speech and/or language screening to a pass or 7 |
---|
717 | 717 | | fail determination, for the purpose of initial identification of individuals with other disorders of 8 |
---|
718 | 718 | | communication. 9 |
---|
719 | 719 | | (iii) A practice is deemed to be the “practice of audiology” if services are offered under 10 |
---|
720 | 720 | | any title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 11 |
---|
721 | 721 | | “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 12 |
---|
722 | 722 | | clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 13 |
---|
723 | 723 | | audiologist,” or any similar title or description of services. 14 |
---|
724 | 724 | | (9)(i) “Practice of speech-language pathology” means rendering or offering to render any 15 |
---|
725 | 725 | | service in speech-language pathology including prevention, identification, evaluation, consultation, 16 |
---|
726 | 726 | | habilitation, rehabilitation; determining the need for augmentative communication systems, 17 |
---|
727 | 727 | | dispensing and selling these systems, and providing training in the use of these systems; and 18 |
---|
728 | 728 | | planning, directing, conducting, or supervising programs that render or offer to render any service 19 |
---|
729 | 729 | | in speech-language pathology. 20 |
---|
730 | 730 | | (ii) The practice of speech-language pathology may include nondiagnostic pure-tone air 21 |
---|
731 | 731 | | conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 22 |
---|
732 | 732 | | fail determination, for the purpose of performing a speech and language evaluation or for the initial 23 |
---|
733 | 733 | | identification of individuals with other disorders of communication. 24 |
---|
734 | 734 | | (iii) The practice of speech-language pathology also may include aural rehabilitation, 25 |
---|
735 | 735 | | which is defined as services and procedures for facilitating adequate receptive and expressive 26 |
---|
736 | 736 | | communication in individuals with hearing impairment. 27 |
---|
737 | 737 | | (iv) A practice is deemed to be the “practice of speech-language pathology” if services are 28 |
---|
738 | 738 | | offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 29 |
---|
739 | 739 | | “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 30 |
---|
740 | 740 | | “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 31 |
---|
741 | 741 | | therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 32 |
---|
742 | 742 | | “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 33 |
---|
743 | 743 | | description of services. 34 |
---|
744 | 744 | | |
---|
745 | 745 | | |
---|
746 | 746 | | LC001413 - Page 21 of 31 |
---|
747 | 747 | | (10) “Regionally accredited” means the official guarantee that a college or university or 1 |
---|
748 | 748 | | other educational institution is in conformity with the standards of education prescribed by a 2 |
---|
749 | 749 | | regional accrediting commission recognized by the United States Secretary of Education. 3 |
---|
750 | 750 | | (11) “Speech-language pathologist” means an individual who is licensed by the board to 4 |
---|
751 | 751 | | practice speech-language pathology. 5 |
---|
752 | 752 | | (12) “Speech-language pathology” means the application of principles, methods, and 6 |
---|
753 | 753 | | procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, 7 |
---|
754 | 754 | | instruction, and research related to the development and disorders of human communication. 8 |
---|
755 | 755 | | Disorders are defined to include any and all conditions, whether of organic or non-organic origin, 9 |
---|
756 | 756 | | that impede the normal process of human communication in individuals or groups of individuals 10 |
---|
757 | 757 | | who have or are suspected of having these conditions, including, but not limited to, disorders and 11 |
---|
758 | 758 | | related disorders of: 12 |
---|
759 | 759 | | (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 13 |
---|
760 | 760 | | (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 14 |
---|
761 | 761 | | pragmatics; and including disorders of receptive and expressive communication in oral, written, 15 |
---|
762 | 762 | | graphic, and manual modalities); 16 |
---|
763 | 763 | | (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., 17 |
---|
764 | 764 | | dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 18 |
---|
765 | 765 | | myofunctional disorders); 19 |
---|
766 | 766 | | (iv) Cognitive aspects of communication (including communication disability and other 20 |
---|
767 | 767 | | functional disabilities associated with cognitive impairment); and 21 |
---|
768 | 768 | | (v) Social aspects of communication (including challenging behavior, ineffective social 22 |
---|
769 | 769 | | skills, lack of communication opportunities). 23 |
---|
770 | 770 | | 5-48-2. Board of examiners — Composition — Appointments, terms, and 24 |
---|
771 | 771 | | qualifications of members. 25 |
---|
772 | 772 | | (a) There exists within the department of health a board of examiners of speech-language 26 |
---|
773 | 773 | | pathology and audiology. The board shall consist of five (5) persons who are residents of the state 27 |
---|
774 | 774 | | and who have worked within the state for at least one year prior to their appointments. 28 |
---|
775 | 775 | | (1) Two (2) members shall be speech-language pathologists who have practiced speech-29 |
---|
776 | 776 | | language pathology for at least five (5) years preceding appointment, are currently practicing 30 |
---|
777 | 777 | | speech-language pathology, and hold active and valid licensure for the practice of speech-language 31 |
---|
778 | 778 | | pathology in this state. 32 |
---|
779 | 779 | | (2) One member shall be an audiologist who has practiced audiology for at least five (5) 33 |
---|
780 | 780 | | years immediately preceding appointment, is currently practicing audiology, and holds active and 34 |
---|
781 | 781 | | |
---|
782 | 782 | | |
---|
783 | 783 | | LC001413 - Page 22 of 31 |
---|
784 | 784 | | valid licensure for the practice of audiology in this state. 1 |
---|
785 | 785 | | (3) One member shall be an otolaryngologist who holds certification by the American 2 |
---|
786 | 786 | | Academy of Otolaryngology — head and neck surgery, who is currently practicing otolaryngology, 3 |
---|
787 | 787 | | and holds active and valid licensure as a physician within this state. 4 |
---|
788 | 788 | | (4) One member shall be a representative of the consumer public who is not associated 5 |
---|
789 | 789 | | with or financially interested in the practice or business of speech-language pathology or audiology. 6 |
---|
790 | 790 | | (b) All appointments to the board shall be for the term of three (3) years. Members shall 7 |
---|
791 | 791 | | serve until the expiration of the term for which they have been appointed or until their appointed 8 |
---|
792 | 792 | | successors are qualified. 9 |
---|
793 | 793 | | (c) When a vacancy upon the board occurs, the director of the department of health shall, 10 |
---|
794 | 794 | | with the approval of the governor, appoint persons who are working within the state to fill the 11 |
---|
795 | 795 | | remainder of the vacant term. 12 |
---|
796 | 796 | | (d) The board shall reorganize annually during the month of January and shall select a 13 |
---|
797 | 797 | | chairperson. 14 |
---|
798 | 798 | | (e) A majority of currently filled positions shall constitute a quorum to do business. 15 |
---|
799 | 799 | | (f) No person shall be appointed to serve more than two (2) consecutive terms. 16 |
---|
800 | 800 | | (g) The first board and all future members shall be appointed by the director of the 17 |
---|
801 | 801 | | department of health, with the approval of the governor. 18 |
---|
802 | 802 | | (h) The director of the department of health, with the approval of the governor, may remove 19 |
---|
803 | 803 | | any member of the board for dishonorable conduct, incompetency, or neglect of duty. 20 |
---|
804 | 804 | | 5-48-3. Board of examiners — Duties and powers — Meetings — Compensation of 21 |
---|
805 | 805 | | members. 22 |
---|
806 | 806 | | (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 23 |
---|
807 | 807 | | evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 24 |
---|
808 | 808 | | administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 25 |
---|
809 | 809 | | chapter and impose penalties if any violations of the chapter have occurred. 26 |
---|
810 | 810 | | (b) The board shall conduct hearings and keep records and minutes as necessary to an 27 |
---|
811 | 811 | | orderly dispatch of business. 28 |
---|
812 | 812 | | (c) The board shall, with the approval of the director of the department of health, adopt, 29 |
---|
813 | 813 | | amend, or repeal rules and regulations, including, but not limited to, regulations that delineate 30 |
---|
814 | 814 | | qualifications for licensure and establish standards of professional conduct. Following their 31 |
---|
815 | 815 | | adoption, the rules and regulations shall govern and control the professional conduct of every 32 |
---|
816 | 816 | | person who holds a license to practice speech-language pathology or audiology in this state. 33 |
---|
817 | 817 | | (d) The board shall make available complete lists of the names and addresses of all licensed 34 |
---|
818 | 818 | | |
---|
819 | 819 | | |
---|
820 | 820 | | LC001413 - Page 23 of 31 |
---|
821 | 821 | | speech-language pathologists and audiologists. 1 |
---|
822 | 822 | | (e) The board may request legal advice and assistance from the appropriate state legal 2 |
---|
823 | 823 | | officer. 3 |
---|
824 | 824 | | (f) Regular meetings of the board shall be held at the times and places that it prescribes, 4 |
---|
825 | 825 | | and special meetings may be held upon the call of the chairperson; provided, that at least one regular 5 |
---|
826 | 826 | | meeting shall be held each year. 6 |
---|
827 | 827 | | (g) The conferral or enumeration of specific powers in this chapter shall not be construed 7 |
---|
828 | 828 | | as a limitation of the general powers conferred by this section. No member of the board shall be 8 |
---|
829 | 829 | | liable to civil action for any act performed in good faith in the performance of his or her duties as 9 |
---|
830 | 830 | | prescribed by this chapter. 10 |
---|
831 | 831 | | (h) Board members shall serve without compensation. 11 |
---|
832 | 832 | | (i) The board may suspend the authority of any registered speech-language pathologist or 12 |
---|
833 | 833 | | audiologist to practice speech-language pathology or audiology for failure to comply with any of 13 |
---|
834 | 834 | | the requirements of this chapter. 14 |
---|
835 | 835 | | 5-48-4. Board examiners — Seal — Authentication of records. 15 |
---|
836 | 836 | | The board shall adopt the state seal by which it authenticates its proceedings. Copies of the 16 |
---|
837 | 837 | | proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning 17 |
---|
838 | 838 | | those proceedings, records, and acts, signed by the secretary and authenticated by that seal, shall 18 |
---|
839 | 839 | | be evidence in all courts of this state. 19 |
---|
840 | 840 | | 5-48-5. Receipts. 20 |
---|
841 | 841 | | The proceeds of any fees collected pursuant to the provisions of this chapter shall be 21 |
---|
842 | 842 | | deposited as general revenues. 22 |
---|
843 | 843 | | 5-48-6. Licensure and regulation of speech-language pathologists and audiologists. 23 |
---|
844 | 844 | | (a) Licensure shall be granted in either speech-language pathology or audiology 24 |
---|
845 | 845 | | independently. A person may be licensed in both areas if he or she meets the respective 25 |
---|
846 | 846 | | qualifications. 26 |
---|
847 | 847 | | (b) No person shall practice as, advertise as, or use the title of speech pathologist or 27 |
---|
848 | 848 | | audiologist as defined in § 5-48-1 in this state unless he or she is licensed in accordance with the 28 |
---|
849 | 849 | | provisions of the laws of the state. 29 |
---|
850 | 850 | | (c) Registered speech-language pathologists or audiologists may render services under the 30 |
---|
851 | 851 | | terms and provisions of the workers’ compensation and rehabilitation laws. 31 |
---|
852 | 852 | | (d) A provisional license for the clinical fellow (defined in § 5-48-1(b)(4)) shall be required 32 |
---|
853 | 853 | | in speech-language pathology for that period of postgraduate professional experience as required 33 |
---|
854 | 854 | | in § 5-48-7.1. A provisional license shall authorize an individual to practice speech-language 34 |
---|
855 | 855 | | |
---|
856 | 856 | | |
---|
857 | 857 | | LC001413 - Page 24 of 31 |
---|
858 | 858 | | pathology solely in connection with the completion of the supervised postgraduate professional 1 |
---|
859 | 859 | | experience. 2 |
---|
860 | 860 | | 5-48-7. Qualifications of applicants for a license as a speech-language pathologist. 3 |
---|
861 | 861 | | To be eligible for licensure by the board as a speech-language pathologist the applicant 4 |
---|
862 | 862 | | must: 5 |
---|
863 | 863 | | (1) Be of good moral character; 6 |
---|
864 | 864 | | (2) Apply to the department, upon a form prescribed by the department; 7 |
---|
865 | 865 | | (3) Submit the appropriate application fee; 8 |
---|
866 | 866 | | (4) Submit an official transcript indicating possession of a master’s degree or a doctorate 9 |
---|
867 | 867 | | degree or equivalent in speech-language pathology from an educational institution accredited by 10 |
---|
868 | 868 | | the Council on Academic Accreditation (CAA) of the American Speech-Language-Hearing 11 |
---|
869 | 869 | | Association (ASHA) or other national accrediting association as may be approved by the board. 12 |
---|
870 | 870 | | The degree shall consist of course work in accordance with the current, minimum requirements for 13 |
---|
871 | 871 | | the certificate of clinical competence issued by the American Speech-Language-Hearing 14 |
---|
872 | 872 | | Association (ASHA) or other national accrediting association as may be approved by the board and 15 |
---|
873 | 873 | | delineated in the rules and regulations; 16 |
---|
874 | 874 | | (5) Complete supervised clinical-practicum experiences from an educational institution or 17 |
---|
875 | 875 | | its cooperating programs. The content of the practicum shall be in accordance with the current, 18 |
---|
876 | 876 | | minimum requirements for the certificate of clinical competence issued by the American Speech-19 |
---|
877 | 877 | | Language-Hearing Association (ASHA) or other national accrediting association as may be 20 |
---|
878 | 878 | | approved by the board and delineated in the rules and regulations; 21 |
---|
879 | 879 | | (6) Pass a national examination in speech-language pathology as required by the American 22 |
---|
880 | 880 | | Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 23 |
---|
881 | 881 | | be approved by the board and delineated in the rules and regulations; 24 |
---|
882 | 882 | | (7) Present verification of a certificate of clinical competence from the American Speech-25 |
---|
883 | 883 | | Language-Hearing Association (ASHA) or other national accrediting association as may be 26 |
---|
884 | 884 | | approved by the board; and 27 |
---|
885 | 885 | | (8) If applicable, present evidence from the board of speech-language pathology in each 28 |
---|
886 | 886 | | state in which the applicant has held or holds licensure to be submitted to the board of this state, 29 |
---|
887 | 887 | | attesting to the licensure status of the applicant during the time period the applicant held licensure 30 |
---|
888 | 888 | | in the state. 31 |
---|
889 | 889 | | 5-48-7.1. Qualifications for a provisional license for a speech-language pathologist. 32 |
---|
890 | 890 | | (a) To be eligible for provisional licensure by the board, the speech-language pathologist 33 |
---|
891 | 891 | | applicant must submit an application with the required application fee and be in compliance with 34 |
---|
892 | 892 | | |
---|
893 | 893 | | |
---|
894 | 894 | | LC001413 - Page 25 of 31 |
---|
895 | 895 | | the requirements of § 5-48-7(1), (4), (5), and (6). 1 |
---|
896 | 896 | | (b) In addition to the requirements of subsection (a) of this section, content of the 2 |
---|
897 | 897 | | supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 3 |
---|
898 | 898 | | speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 4 |
---|
899 | 899 | | other national accrediting association as may be approved by the board. 5 |
---|
900 | 900 | | (c) If the postgraduate professional experience extends beyond one year, provisional 6 |
---|
901 | 901 | | licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 7 |
---|
902 | 902 | | professional experience. 8 |
---|
903 | 903 | | (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 9 |
---|
904 | 904 | | professional experience. 10 |
---|
905 | 905 | | 5-48-7.2. Qualifications for license as an audiologist. 11 |
---|
906 | 906 | | Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 12 |
---|
907 | 907 | | the following requirements: 13 |
---|
908 | 908 | | (1) Be of good moral character; 14 |
---|
909 | 909 | | (2) Apply to the board, upon a form prescribed by the board; 15 |
---|
910 | 910 | | (3) Submit the appropriate application fee; 16 |
---|
911 | 911 | | (4) Submit an official transcript indicating possession of an earned doctorate degree in 17 |
---|
912 | 912 | | audiology from a regionally accredited educational institution as delineated in the rules and 18 |
---|
913 | 913 | | regulations; 19 |
---|
914 | 914 | | (5) Pass a national examination in audiology approved by the board and delineated in the 20 |
---|
915 | 915 | | rules and regulations; 21 |
---|
916 | 916 | | (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 22 |
---|
917 | 917 | | (12) months of full-time, supervised experience, that may be completed as part of the graduate 23 |
---|
918 | 918 | | degree, as delineated in the rules and regulations; 24 |
---|
919 | 919 | | (7) If applicable, present evidence from the board of audiology in each state in which the 25 |
---|
920 | 920 | | applicant has held or holds licensure to be submitted to the board of this state, attesting to the 26 |
---|
921 | 921 | | licensure status of the applicant during the time period the applicant held licensure in the state; 27 |
---|
922 | 922 | | (8) Any other requirements as set forth in the rules and regulations. 28 |
---|
923 | 923 | | 5-48-7.3. Qualifications for audiologists licensed in alternate jurisdictions. 29 |
---|
924 | 924 | | Persons licensed as an audiologist in alternate jurisdictions on or before January 1, 2008, 30 |
---|
925 | 925 | | shall meet the requirements of this state that were in effect at the time of initial licensure in the 31 |
---|
926 | 926 | | alternate jurisdiction. 32 |
---|
927 | 927 | | 5-48-8. [Repealed.] 33 |
---|
928 | 928 | | 5-48-9. Fees — Late filing — Inactive status. 34 |
---|
929 | 929 | | |
---|
930 | 930 | | |
---|
931 | 931 | | LC001413 - Page 26 of 31 |
---|
932 | 932 | | (a) The board may charge an application fee; a biennial license renewal fee payable before 1 |
---|
933 | 933 | | July 1 of even years (biennially); or a provisional license renewal fee as set forth in § 23-1-54 2 |
---|
934 | 934 | | payable annually from the date of issue. 3 |
---|
935 | 935 | | (b) Any person who allows his or her license to lapse by failing to renew it on or before 4 |
---|
936 | 936 | | the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on 5 |
---|
937 | 937 | | payment of the current renewal fee plus an additional late filing fee as set forth in § 23-1-54. 6 |
---|
938 | 938 | | (c) An individual licensed as a speech-language pathologist or audiologist in this state, not 7 |
---|
939 | 939 | | in the active practice of speech-language pathology or audiology within this state during any year, 8 |
---|
940 | 940 | | may upon request to the board, have his or her name transferred to an inactive status and shall not 9 |
---|
941 | 941 | | be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status 10 |
---|
942 | 942 | | may be maintained for no longer than two (2) consecutive licensing periods, after which period 11 |
---|
943 | 943 | | licensure shall be terminated and reapplication to the board shall be required to resume practice. 12 |
---|
944 | 944 | | (d) Any individual whose name has been transferred to an inactive status may be restored 13 |
---|
945 | 945 | | to active status within two (2) licensing periods without a penalty fee upon the filing of: 14 |
---|
946 | 946 | | (1) An application for licensure renewal, with a licensure renewal fee as set forth in § 23-15 |
---|
947 | 947 | | 1-54 made payable by check to the general treasurer of the state of Rhode Island; and 16 |
---|
948 | 948 | | (2) Any other information that the board may request. 17 |
---|
949 | 949 | | (e) [Deleted by P.L. 2015, ch. 141, art. 20, § 9]. 18 |
---|
950 | 950 | | 5-48-9.1. Continuing education. 19 |
---|
951 | 951 | | (a)(1) On or before the thirtieth (30th) day of June of even years, every person licensed to 20 |
---|
952 | 952 | | practice speech-language pathology or audiology within this state shall complete not less than 21 |
---|
953 | 953 | | twenty (20) clock hours of continuing education within the preceding two (2) years and be able to 22 |
---|
954 | 954 | | present satisfactory evidence of completion to the board. 23 |
---|
955 | 955 | | (2) Those persons holding licensure in both speech-language pathology and audiology must 24 |
---|
956 | 956 | | have completed and have evidence of completion of not less than thirty (30) clock hours of 25 |
---|
957 | 957 | | continuing education within the preceding two (2) years. 26 |
---|
958 | 958 | | (b) Continuing education hours may not be carried over from one renewal period to the 27 |
---|
959 | 959 | | next. 28 |
---|
960 | 960 | | (c) The board at its discretion may extend, reduce, or waive the requirement for continuing 29 |
---|
961 | 961 | | education for hardship or other extenuating circumstances as the board deems appropriate. 30 |
---|
962 | 962 | | 5-48-10. Persons and practices exempted. 31 |
---|
963 | 963 | | The provisions of this chapter do not apply to: 32 |
---|
964 | 964 | | (1) A qualified person licensed, registered, certified, or credentialed in this state under any 33 |
---|
965 | 965 | | other law who is practicing the profession or business for which he or she is licensed, registered, 34 |
---|
966 | 966 | | |
---|
967 | 967 | | |
---|
968 | 968 | | LC001413 - Page 27 of 31 |
---|
969 | 969 | | certified, or credentialed, in the setting for which the licensure, registration, certification, or 1 |
---|
970 | 970 | | credential pertains and performs services within their authorized scope of practice. 2 |
---|
971 | 971 | | (2) This chapter specifically excludes those persons who commercially fit and sell hearing 3 |
---|
972 | 972 | | aids; provided, that those persons do not receive a separate or additional fee for testing or 4 |
---|
973 | 973 | | interpreting tests of hearing; and provided, that those persons do not represent themselves as 5 |
---|
974 | 974 | | audiologists as defined in this chapter. This subsection does not preclude remuneration for any 6 |
---|
975 | 975 | | other service offered solely in conjunction with the fitting or maintaining of a hearing aid. 7 |
---|
976 | 976 | | (3) No one shall be exempt under subsection (1) for that portion of his or her time spent as 8 |
---|
977 | 977 | | a private practitioner. If he or she performs any work as a speech-language pathologist or 9 |
---|
978 | 978 | | audiologist for which a fee may be paid by the recipient of the service as part of a private practice 10 |
---|
979 | 979 | | apart from his or her position with the government, a license must be held. 11 |
---|
980 | 980 | | 5-48-11. Grounds for suspension or revocation of licenses. 12 |
---|
981 | 981 | | The license of any speech-language pathologist or audiologist may be suspended or 13 |
---|
982 | 982 | | revoked by the board upon proof that he or she: 14 |
---|
983 | 983 | | (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 15 |
---|
984 | 984 | | licensee, holder, or for another; 16 |
---|
985 | 985 | | (2) Fraudulently or deceptively used a license; 17 |
---|
986 | 986 | | (3) Altered a license; 18 |
---|
987 | 987 | | (4) Aided or abetted unlicensed practice; 19 |
---|
988 | 988 | | (5) Committed fraud and deceit in the practice of speech-language pathology or of 20 |
---|
989 | 989 | | audiology, including, but not limited to: 21 |
---|
990 | 990 | | (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 22 |
---|
991 | 991 | | advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 23 |
---|
992 | 992 | | or any other representation; 24 |
---|
993 | 993 | | (ii) Falsely representing the use or availability of services or advice of a physician; 25 |
---|
994 | 994 | | (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 26 |
---|
995 | 995 | | similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 27 |
---|
996 | 996 | | from an accredited institution; 28 |
---|
997 | 997 | | (iv) Making or filing a false report or record in the practice of speech-language pathology 29 |
---|
998 | 998 | | or audiology; 30 |
---|
999 | 999 | | (v) Submitting a false statement to collect a fee; and 31 |
---|
1000 | 1000 | | (vi) Obtaining a fee through fraud or misrepresentation; 32 |
---|
1001 | 1001 | | (6) Providing services while mentally incompetent; 33 |
---|
1002 | 1002 | | (7) Engaging in illegal, incompetent, or habitually negligent practice; 34 |
---|
1003 | 1003 | | |
---|
1004 | 1004 | | |
---|
1005 | 1005 | | LC001413 - Page 28 of 31 |
---|
1006 | 1006 | | (8) Providing professional services while: 1 |
---|
1007 | 1007 | | (i) Under the influence of alcohol; or 2 |
---|
1008 | 1008 | | (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 3 |
---|
1009 | 1009 | | therapeutic amounts or without valid medical indication; 4 |
---|
1010 | 1010 | | (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 5 |
---|
1011 | 1011 | | from these devices, appliances, or products; 6 |
---|
1012 | 1012 | | (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 7 |
---|
1013 | 1013 | | adopted by the board or departure from or failure to conform to the current standards of acceptable 8 |
---|
1014 | 1014 | | prevailing practice and code of ethics of speech-language pathology or audiology; 9 |
---|
1015 | 1015 | | (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 10 |
---|
1016 | 1016 | | any appeal or another proceeding is pending to have the conviction or plea set aside; 11 |
---|
1017 | 1017 | | (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 12 |
---|
1018 | 1018 | | audiology; 13 |
---|
1019 | 1019 | | (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 14 |
---|
1020 | 1020 | | (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 15 |
---|
1021 | 1021 | | or convicted or disciplined by a court of any state or country, for an act that would be grounds for 16 |
---|
1022 | 1022 | | disciplinary action under this section; or 17 |
---|
1023 | 1023 | | (15) Failing to maintain continuing education requirements. 18 |
---|
1024 | 1024 | | 5-48-12. Penalty for violations. 19 |
---|
1025 | 1025 | | (a) The board is granted the authority to impose the following disciplinary actions in those 20 |
---|
1026 | 1026 | | instances in which an applicant for a license or a licensee has been guilty of conduct that has 21 |
---|
1027 | 1027 | | endangered, or is likely to endanger, the health, welfare, or safety of the public: 22 |
---|
1028 | 1028 | | (1) Refuse to issue or renew a license. 23 |
---|
1029 | 1029 | | (2) Issue a letter of reprimand or concern. 24 |
---|
1030 | 1030 | | (3) Require restitution of fees. 25 |
---|
1031 | 1031 | | (4) Impose probationary conditions. 26 |
---|
1032 | 1032 | | (5) Suspend or revoke a license. 27 |
---|
1033 | 1033 | | (b) Any person found to be in violation of any provision of this chapter, upon conviction, 28 |
---|
1034 | 1034 | | shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars 29 |
---|
1035 | 1035 | | ($1,000). 30 |
---|
1036 | 1036 | | 5-48-13. Revocation and suspension procedure — Reinstatement. 31 |
---|
1037 | 1037 | | (a)(1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 32 |
---|
1038 | 1038 | | particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 33 |
---|
1039 | 1039 | | licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 34 |
---|
1040 | 1040 | | |
---|
1041 | 1041 | | |
---|
1042 | 1042 | | LC001413 - Page 29 of 31 |
---|
1043 | 1043 | | (2) The individual against whom a charge is filed has the right to appear before the board 1 |
---|
1044 | 1044 | | in person or by counsel, or both; may produce witnesses and evidence on his or her behalf; and 2 |
---|
1045 | 1045 | | may question witnesses. 3 |
---|
1046 | 1046 | | (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 4 |
---|
1047 | 1047 | | the licensee, after notice, shall not prevent a hearing. 5 |
---|
1048 | 1048 | | (4) All matters upon which the decision is based shall be introduced in evidence at the 6 |
---|
1049 | 1049 | | proceeding. 7 |
---|
1050 | 1050 | | (5) The licensee shall be notified, in writing, of the board’s decision. 8 |
---|
1051 | 1051 | | (6) The board may make any rules and regulations that it deems proper for the filing of 9 |
---|
1052 | 1052 | | charges and the conduct of hearings. 10 |
---|
1053 | 1053 | | (b) After issuing an order of revocation or suspension, the board may also file a petition in 11 |
---|
1054 | 1054 | | equity in the superior court in a county in which the respondent resides or transacts business, to 12 |
---|
1055 | 1055 | | ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 13 |
---|
1056 | 1056 | | final determination. 14 |
---|
1057 | 1057 | | (c) An application for reinstatement may be made to the board, which may, upon the 15 |
---|
1058 | 1058 | | affirmative vote of at least the majority of its members, grant a reinstatement. 16 |
---|
1059 | 1059 | | 5-48-14. [Obsolete.] 17 |
---|
1060 | 1060 | | 5-48-15. Severability. 18 |
---|
1061 | 1061 | | If any provision of this chapter or of any rule or regulation made under this chapter, or their 19 |
---|
1062 | 1062 | | application to any person or circumstances, is held invalid by a court of competent jurisdiction, the 20 |
---|
1063 | 1063 | | remainder of the chapter, rule, or regulation, and the application of that provision to other persons 21 |
---|
1064 | 1064 | | or circumstances, shall not be affected. 22 |
---|
1065 | 1065 | | SECTION 7. Section 46-13-18 of the General Laws in Chapter 46-13 entitled "Public 23 |
---|
1066 | 1066 | | Drinking Water Supply" is hereby amended to read as follows: 24 |
---|
1067 | 1067 | | 46-13-18. Adoption of regulations. 25 |
---|
1068 | 1068 | | (a) The director is hereby authorized to adopt regulations consistent with the provisions of 26 |
---|
1069 | 1069 | | this chapter, the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and the federal 27 |
---|
1070 | 1070 | | regulations adopted under that act. All new and existing public water supply systems subject to the 28 |
---|
1071 | 1071 | | provisions of this chapter must comply with the provisions of this chapter and with all the 29 |
---|
1072 | 1072 | | regulations adopted under this chapter in order to obtain and/or maintain approval by the director 30 |
---|
1073 | 1073 | | as a public water supply system. The director is further authorized to establish by regulation a 31 |
---|
1074 | 1074 | | schedule of fees for applications, approvals, and renewals required by this chapter. 32 |
---|
1075 | 1075 | | (b)(1) Any community water system serving a population of ten thousand (10,000) or more 33 |
---|
1076 | 1076 | | shall directly deliver a full copy of the consumer confidence report, which is required by the U.S. 34 |
---|
1077 | 1077 | | |
---|
1078 | 1078 | | |
---|
1079 | 1079 | | LC001413 - Page 30 of 31 |
---|
1080 | 1080 | | Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. § 300f et 1 |
---|
1081 | 1081 | | seq., to each household within the water system’s service area that receives water from that system. 2 |
---|
1082 | 1082 | | The method of delivery shall be determined by the water system, but can include delivery via either: 3 |
---|
1083 | 1083 | | (i) Postal patron mailing; 4 |
---|
1084 | 1084 | | (ii) A community newsletter that is directly delivered to each household; 5 |
---|
1085 | 1085 | | (iii) A community calendar that is directly delivered to each household; or 6 |
---|
1086 | 1086 | | (iv) Any other method that will directly reach each household within the water system’s 7 |
---|
1087 | 1087 | | service area that receives water from that system. 8 |
---|
1088 | 1088 | | (2) In the event that within the service area there are buildings with five (5) or more 9 |
---|
1089 | 1089 | | residential units, the system will not be required to deliver directly to each of these units. Instead, 10 |
---|
1090 | 1090 | | the water system shall mail multiple copies of the report to the building manager or other 11 |
---|
1091 | 1091 | | appropriate individual, noting that the reports should be distributed to residents and/or posted in a 12 |
---|
1092 | 1092 | | common area. Additionally, colleges and universities will be exempted from this requirement but 13 |
---|
1093 | 1093 | | are still responsible for meeting all federal requirements. 14 |
---|
1094 | 1094 | | (3) The department of health shall serve as the repository for all consumer confidence 15 |
---|
1095 | 1095 | | reports and shall direct inquiries for copies of the report to the appropriate water system in order to 16 |
---|
1096 | 1096 | | obtain a copy of the report. 17 |
---|
1097 | 1097 | | SECTION 8. This act shall take effect upon passage. 18 |
---|
1098 | 1098 | | ======== |
---|
1099 | 1099 | | LC001413 |
---|
1100 | 1100 | | ======== |
---|
1101 | 1101 | | |
---|
1102 | 1102 | | |
---|
1103 | 1103 | | LC001413 - Page 31 of 31 |
---|
1104 | 1104 | | EXPLANATION |
---|
1105 | 1105 | | BY THE LEGISLATIVE COUNCIL |
---|
1106 | 1106 | | OF |
---|
1107 | 1107 | | A N A C T |
---|
1108 | 1108 | | RELATING TO BUSINESSES AND PROFESSIONS -- NURSES |
---|
1109 | 1109 | | *** |
---|
1110 | 1110 | | This act would make a series of amendments to several statutes regarding businesses and 1 |
---|
1111 | 1111 | | professions to provide clarity or align with new federal requirements. 2 |
---|
1112 | 1112 | | This act would take effect upon passage. 3 |
---|
1113 | 1113 | | ======== |
---|
1114 | 1114 | | LC001413 |
---|
1115 | 1115 | | ======== |
---|