2025 -- S 0607 ======== LC001414 ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2025 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- NURSES Introduced By: Senators DiMario, Urso, Murray, Ujifusa, Valverde, Appollonio, Thompson, and Lauria Date Introduced: March 06, 2025 Referred To: Senate Health & Human Services (Dept. of Health) It is enacted by the General Assembly as follows: SECTION 1. Section 5-34-31 of the General Laws in Chapter 5-34 entitled "Nurses" is 1 hereby amended to read as follows: 2 5-34-31. Practices and persons exempt. 3 No provisions of this chapter shall be construed as prohibiting: 4 (1) Gratuitous nursing by friends or members of the family or as prohibiting the care of the 5 sick by domestic servants, housekeepers, nursemaids, companions, or household aides of any type, 6 whether employed regularly or because of an emergency of illness, provided that person is 7 employed primarily in a domestic capacity and does not hold themself out or accept employment 8 as a person licensed to practice nursing for hire under the provisions of this chapter or as prohibiting 9 nursing assistants in the case of any emergency; 10 (2) The practice of nursing by students enrolled in approved educational programs of 11 professional nursing or practical-nursing educational programs nor by graduates of those schools 12 or courses before taking and receiving results of the National Council Licensure Examination 13 (NCLEX), provided that they are licensed in this state within ninety (90) days from the date on the 14 department’s licensing application fee receipt, in accordance with regulations prescribed by the 15 board; 16 (3) The supervised practice of nursing by graduates of approved educational programs of 17 professional nursing or practical-nursing educational programs before taking and receiving results 18 of the National Council Licensure Examination (NCLEX); provided that, they are licensed in this 19 LC001414 - Page 2 of 31 state within ninety (90) days of graduation. This temporary privilege will not be renewed and will 1 automatically cease upon notification that the graduate nurse has failed the NCLEX; 2 (3)(4) The practice of nursing in this state by any legally qualified nurse of another state 3 whose engagement requires him or her to accompany and care for a patient temporarily residing in 4 this state during the period of this engagement not to exceed six (6) months in length, provided that 5 person does not represent or hold themself out as a nurse licensed to practice in this state; 6 (4)(5) The practice of any legally qualified nurse of another state who is employed by the 7 United States government or any bureau, division, or agency of the government while in the 8 discharge of their official duties; 9 (5)(6) Persons employed in state and licensed healthcare facilities, licensed homes for the 10 aged and/or convalescent persons, and recognized public-health agencies from assisting in the 11 nursing care of patients if adequate medical or nursing supervision is provided; 12 (6)(7) Nursing care of the sick with or without compensation or personal profit when done 13 in connection with the practice of the religious tenets of any recognized or established church by 14 adherents as long as they do not engage in the practice of nursing as defined in this chapter; 15 (7)(8) Persons who provide acceptable evidence of being currently licensed by examination 16 or endorsement under the laws of other states of the United States and the District of Columbia 17 from practicing nursing in this state for a period of ninety (90) days from the date on the application 18 fee receipt, provided that they are licensed in this state within ninety (90) days from the date on the 19 application fee receipt. The original privilege to work ninety (90) days from the date on the 20 application fee receipt shall not be extended or renewed. 21 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 and 5-48.2-13 of the General Laws in Chapter 5-48.2 entitled "Professional Licensing and 23 Regulation of Speech-Language Pathologists and Audiologists" are hereby amended to read as 24 follows: 25 5-48.2-3. Definitions. 26 As used in this chapter, the following words and terms shall have the following meanings, 27 except where the context clearly indicates otherwise: 28 (1) “Accredited/approved” means that an institution/program holds regional accreditation 29 from one of six (6) regional accrediting bodies: Middle States Association of Colleges and Schools, 30 New England Association of Schools and Colleges, North Central Association of Colleges and 31 Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and 32 Schools, and Western Association of Schools and Colleges. 33 (2) “Act” means chapter 48 of this title entitled, “speech-language pathology and 34 LC001414 - Page 3 of 31 audiology,” as well as the provisions of this chapter, where the context so indicates. 1 (3) “Audiologist” means an individual who is licensed by the board to practice audiology 2 either in person or via telepractice. 3 (4) “Audiology” means the audiologist applies the principles, methods, and procedures 4 related to hearing and the disorders of the hearing and balance systems, to related language and 5 speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as 6 altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological 7 auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of 8 having such disorders. 9 (5) “Audiology support personnel” shall operate under the title “audiometric aide” or 10 “audiology assistant” and means an individual who meets minimum qualifications established by 11 the board, which are less than those established by the act this chapter as necessary for licensing as 12 an audiologist; does not act independently; is limited to hearing screening with pass/fail criteria; 13 and works under the direction and supervision of an audiologist licensed under the act this chapter 14 who has been actively working in the field for twenty-four (24) months after completion of the 15 postgraduate professional experience and who accepts the responsibility for the acts and 16 performances of the audiometric aide or audiology assistant while working under the act. 17 (6) “Board” means the state board of examiners of speech-language pathology and 18 audiology established pursuant to § 5-48-2. 19 (7) “Clinical fellow” means the person who is practicing speech-language pathology under 20 the supervision of a licensed speech-language pathologist while completing the postgraduate 21 professional experience as required by the act and who holds a current provisional license in 22 accordance with the requirements described in this chapter. 23 (8) “Clinical fellowship or traineeship” means the direct clinical work, consultation, or 24 other duties relevant to clinical speech-language pathology work with individuals presenting 25 disorders in communication, for a cumulative or equivalent total of nine (9) months of full-time 26 employment following completion of professional speech-language pathology education under 27 supervision pursuant to § 5-48-7 and the provisions of this chapter. 28 (9) “Department” means the Rhode Island department of health. 29 (10) “Director” means the director of the Rhode Island department of health. 30 (11) “Graduate program” means a post-baccalaureate accredited program leading to a 31 master’s or doctoral degree, including a professional doctoral degree, whether offered through an 32 accredited graduate or professional school. 33 (12) “Newborn hearing screener” means an audiometric aide or audiology assistant 34 LC001414 - Page 4 of 31 working in a hospital-based newborn hearing screening program under the direction of the 1 department of health newborn hearing screening program, or its appointee. 2 (13) “Person” means an individual, partnership organization, or corporation, except that 3 only individuals can be licensed under this chapter. 4 (14) “The practice of audiology” means an audiologist rendering or offering to render any 5 service in audiology either in person or via telepractice as defined in § 5-48-1 and in this section 6 rendering or offering to render any service in audiology, including prevention, screening, and 7 identification, evaluation, habilitation, rehabilitation; participating in environmental and 8 occupational hearing-conservation programs, and habilitation and rehabilitation programs 9 including hearing aid and assistive-listening-device evaluation, prescription, preparation, 10 dispensing, and/or selling and orientation; auditory training and speech reading; conducting and 11 interpreting tests of vestibular function and nystagmus; conducting and interpreting 12 electrophysiological measures of the auditory pathway; cerumen management; evaluating sound 13 environment and equipment; calibrating instruments used in testing and supplementing auditory 14 function; and planning, directing, conducting, or supervising programs that render or offer to render 15 any service in audiology. 16 (i) The practice of audiology may include speech and/or language screening to a pass or 17 fail determination, for the purpose of initial identification of individuals with other disorders of 18 communication. 19 (ii) A practice is deemed to be the “practice of audiology” if services are offered under any 20 title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 21 “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 22 clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 23 audiologist,” or any similar title or description of services. 24 (15) “The practice of speech-language pathology” means rendering or offering to render 25 any service in speech-language pathology either in person or via telepractice as defined in this 26 section including prevention, identification, evaluation, consultation, habilitation, rehabilitation; 27 determining the need for augmentative communication systems, dispensing and selling these 28 systems, and providing training in the use of these systems; and planning, directing, conducting, or 29 supervising programs that render or offer to render any service in speech-language pathology. 30 (i) The practice of speech-language pathology may include nondiagnostic pure-tone air 31 conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 32 fail determination, for the purpose of performing a speech and language evaluation or for the initial 33 identification of individuals with other disorders of communication. 34 LC001414 - Page 5 of 31 (ii) The practice of speech-language pathology also may include aural rehabilitation, which 1 for purposes of this subsection, means services and procedures for facilitating adequate receptive 2 and expressive communication in individuals with hearing impairment. 3 (iii) A practice is deemed to be the “practice of speech-language pathology” if services are 4 offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 5 “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 6 “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 7 therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 8 “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 9 description of services. 10 (16) “Regionally accredited” means the official guarantee that a college or university or 11 other educational institution is in conformity with the standards of education prescribed by a 12 regional accrediting commission recognized by the United States Secretary of Education. 13 (17) “School hearing screener” means an audiometric aide or audiology assistant working 14 in a school-based hearing screening program under the direction of the Rhode Island department 15 of elementary and secondary education or its appointee. 16 (18) “Speech-language pathologist” means an individual who is licensed by the board to 17 practice speech-language pathology either in person or via telepractice. 18 (19) “Speech-language pathology” means the activities defined in § 5-48-1 and in this 19 section the application of principles, methods, and procedures for prevention, identification, 20 evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the 21 development and disorders of human communication. Disorders are defined to include any and all 22 conditions, whether of organic or non-organic origin, that impede the normal process of human 23 communication in individuals or groups of individuals who have or are suspected of having these 24 conditions, including, but not limited to, disorders and related disorders of: 25 (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 26 (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 27 pragmatics; and including disorders of receptive and expressive communication in oral, written, 28 graphic, and manual modalities); 29 (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (such as 30 dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 31 myofunctional disorders); 32 (iv) Cognitive aspects of communication (including communication disability and other 33 functional disabilities associated with cognitive impairment); and 34 LC001414 - Page 6 of 31 (v) Social aspects of communication (including challenging behavior, ineffective social 1 skills, and lack of communication opportunities). 2 (20) “Speech-language pathology assistant (SLPA) support personnel” means an 3 individual who meets minimum qualifications established by the board, which are less than those 4 established by the act this chapter as necessary for licensing as a speech-language pathologist; does 5 not act independently; and works under the direction and supervision of a speech-language 6 pathologist licensed under the act this chapter who has been actively working in the field for twenty-7 four (24) months after completion of the postgraduate professional experience and who accepts the 8 responsibility for the acts and performances of the speech-language pathology assistant while 9 working under this chapter. 10 (21) “Telepractice” means the use of telecommunication technology to deliver speech-11 language pathology and audiology services remotely. Other terms such as teleaudiology, 12 telespeech, and speech teletherapy are also used in addition to telepractice. Use of telepractice 13 should be of equal quality to services provided in person and consistent with adherence to the 14 American Speech-Language-Hearing Association (ASHA)’s Code of Ethics (ASHA, 2016a), 15 Scope of Practice in Audiology (ASHA, 2018), Scope of Practice in Speech-Language Pathology 16 (ASHA, 2016b), and Assistants Code of Conduct (ASHA, 2020), and as further provided in 17 regulation. 18 5-48.2-4. License requirements. 19 (a) No person shall practice as, advertise as, or use the title of speech-language pathologist 20 or audiologist in this state unless licensed in accordance with the provisions of the act and this 21 section chapter. The provisions of the act and this section chapter shall not apply to individuals 22 specifically exempt from the provisions thereof by § 5-48-10.: 23 (1) A qualified person licensed, registered, certified, or credentialed in this state under any 24 other law who is practicing the profession or business for which they are licensed, registered, 25 certified, or credentialed, in the setting for which the licensure, registration, certification, or 26 credential pertains and performs services within their authorized scope of practice; 27 (2) This chapter specifically excludes those persons who commercially fit and sell hearing 28 aids; provided that, those persons do not receive a separate or additional fee for testing or 29 interpreting tests of hearing; and provided that, those persons do not represent themselves as 30 audiologists as defined in this chapter. This subsection does not preclude remuneration for any 31 other service offered solely in conjunction with the fitting or maintaining of a hearing aid; and 32 (3) No one shall be exempt under subsection (a)(1) of this section for that portion of their 33 time spent as a private practitioner. If they perform any work as a speech-language pathologist or 34 LC001414 - Page 7 of 31 audiologist for which a fee may be paid by the recipient of the service as part of a private practice 1 apart from their position with the government, a license must be held. 2 (b) A provisional license for the clinical fellow as defined in this chapter shall be required 3 in speech-language pathology for that period of postgraduate professional experience as required 4 in §§ 5-48-7 and 5-48.2-5. A provisional license shall authorize an individual to practice speech-5 language pathology solely in connection with the completion of the supervised postgraduate 6 professional experience. 7 (c) Any person residing in and/or licensed in another state who provides telepractice 8 services in the area of speech-language pathology and audiology within the State of Rhode Island 9 regardless of their legal residence must be licensed in the state in accordance with the provisions 10 of the act and this chapter. The provisions of the act and this chapter shall not apply to individuals 11 specifically exempt from the provisions thereof by § 5-48-10 § 5-48.2-6(a)(2). 12 5-48.2-5. Qualifications for licensure Qualifications for licensure as a speech-language 13 pathologist. 14 (a) Audiologists. In addition to the requirements set forth in § 5-48-7.2, persons seeking 15 initial licensure as an audiologist providing in-person or telepractice services shall meet the 16 following requirements: 17 (1) Submit an official transcript indicating possession of an earned doctorate degree in 18 audiology from a regionally accredited educational institution or other national accrediting 19 organization as may be approved by the board; 20 (2) Pass a national examination in audiology approved by the board; 21 (3) Present evidence of practicum experience that is equivalent to a minimum of twelve 22 (12) months of full-time, supervised experience, that may be completed as part of the graduate 23 degree, as delineated in this chapter; 24 (4) Applicants with a master’s degree holding licensure from another state must present 25 verification of a Certificate of Clinical Competence from the American Speech-Language-Hearing 26 Association (ASHA) or other national accrediting association as may be approved by the board. 27 (b) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed 28 as an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 29 of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 30 (c) Speech-language pathologists. In addition to the requirements set forth in § 5-48-7, an 31 applicant seeking licensure to practice as a speech-language pathologist who provides in-person or 32 telepractice services in Rhode Island must have attained To be eligible for licensure by the board 33 as a speech-language pathologist the applicant must: 34 LC001414 - Page 8 of 31 (1) Be of good moral character; 1 (2) Apply to the department, upon a form prescribed by the department; 2 (3) Submit the appropriate application fee; 3 (4) Complete supervised clinical-practicum experiences from an educational institution or 4 its cooperating programs. The content of the practicum shall be in accordance with the current, 5 minimum requirements for the certificate of clinical competence issued by the American Speech-6 Language-Hearing Association (ASHA) or other national accrediting association as may be 7 approved by the board and delineated in the rules and regulations; 8 (5) Pass a national examination in speech-language pathology as required by the American 9 Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 10 be approved by the board and delineated in the rules and regulations; 11 (6) Present verification of a certificate of clinical competence from the American Speech-12 Language-Hearing Association (ASHA) or other national accrediting association as may be 13 approved by the board; and 14 (7) If applicable, present evidence from the board of speech-language pathology in each 15 state in which the applicant has held or holds licensure to be submitted to the board of this state, 16 attesting to the licensure status of the applicant during the time period the applicant held licensure 17 in the state. 18 (8) Attained a master’s degree or a doctoral degree or equivalent in speech-language 19 pathology from an accredited educational institution accredited by the Council on Academic 20 Accreditation (CAA) of the American Speech-Language-Hearing Association (ASHA) or other 21 national accrediting association as may be approved by the board. The degree shall consist of course 22 work in accordance with the current minimum requirements for the Certificate of Clinical 23 Competence issued by the American Speech-Language-Hearing Association (ASHA) or other 24 national accrediting association as may be approved by the board. 25 (d) Qualifications for a provisional license for speech-language pathologists. To be 26 eligible for provisional licensure by the department, the speech-language pathologist must submit 27 an application with the required application fee and be in compliance with the requirements of this 28 chapter and § 5-48-7.1. 29 5-48.2-6. Issuance and renewal of license and fee. 30 (a) The department shall issue a license as an audiologist or speech-language pathologist, 31 or renewal thereof, for a period of two (2) years. The license, unless sooner suspended or revoked, 32 shall expire on the first day of July, two (2) years following its issuance, and may be renewed 33 biennially (in even years); provided the applicant meets the requirements of this chapter and the 34 LC001414 - Page 9 of 31 statutory provisions of the act. The licensee must maintain their certificate of clinical competence 1 in their practicing area (speech-language pathology or audiology) in order to renew their license. 2 (b) A license may be renewed by submission of the renewal application and renewal fee as 3 set forth in the fee structure for licensing, laboratory, and administrative services provided by the 4 department of health in their regulations payable before July 1 of even years (biennially). 5 (c) A provisional license may be renewed annually from the date of issue, if the 6 postgraduate professional experience has exceeded one year, by submission of the renewal 7 application and renewal fee as set forth in the fee structure for licensing, laboratory, and 8 administrative services provided by the department of health. A provisional license shall not exceed 9 thirty-six (36) months past the initiation of the professional experience and will expire ninety (90) 10 days after the end of the postgraduate professional experience. 11 (d)(1) Any licensee who allows their license to lapse by failing to renew it on or before the 12 thirtieth day of June of even years (biennially), may have the license renewed reinstated by 13 submitting to the department an application, and renewal fee plus an additional late fee as set forth 14 in the fee structure for licensing, laboratory, and administrative services provided by the department 15 of health § 23-1-54, and documentation of completion of continuing education units (CEUs) as 16 required in this chapter taken during the previous two (2) years. 17 (2) Any person who allows their license to lapse longer than two (2) consecutive licensing 18 periods may be reinstated by the department, upon the filing of: 19 (i) A reinstatement application for licensure; 20 (ii) Payment of the current licensure renewal fee plus an additional late fee as set forth in 21 the fee structure for licensing, laboratory, and administrative services provided by the department 22 of health; and 23 (iii) Documentation of completion of continuing education units (CEUs) as required in this 24 chapter taken during the previous two (2) years. 25 (e) Inactive status. 26 (1) An individual licensed as a speech-language pathologist and/or audiologist in Rhode 27 Island, not in the active practice of speech-language pathology or audiology within Rhode Island 28 during any year, may upon request to the department have their name transferred to an inactive 29 status and shall not be required to register biennially or pay any fee as long as the individual remains 30 inactive. 31 (2) Inactive status may be maintained for no longer than two (2) consecutive licensing 32 periods, after which period licensure will be terminated and a reinstatement application submitted 33 to the department will be required to resume practice. 34 LC001414 - Page 10 of 31 (3) Any individual whose name has been transferred to an inactive status may be restored 1 to active status within two (2) licensing periods to practice speech-language pathology or audiology 2 without a penalty fee, upon the filing of: 3 (i) An application for licensure renewal with a licensure renewal fee as set forth in the fee 4 structure for licensing, laboratory, and administrative services provided by the department of health 5 § 23-1-54; and 6 (ii) Such other information as may be requested by the board. 7 (f) Any non-provisional, active license may be renewed biennially by submission of the 8 renewal application and renewal fee as set forth in regulations payable before July 1 of even years. 9 5-48.2-7. Denial, suspension, and revocation of license. 10 (a) The board is authorized to deny, suspend or revoke any license to practice speech-11 language pathology and/or audiology or discipline any licensee upon a finding by the board that 12 the person is guilty of conduct as set forth in § 5-48-11, and in addition: 13 (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 14 licensee, holder, or for another; 15 (2) Fraudulently or deceptively used a license; 16 (3) Altered a license; 17 (4) Aided or abetted unlicensed practice; 18 (5) Committed fraud and deceit in the practice of speech-language pathology or of 19 audiology including, but not limited to: 20 (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 21 advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 22 or any other representation; 23 (ii) Falsely representing the use or availability of services or advice of a physician; 24 (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 25 similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 26 from an accredited institution; 27 (iv) Making or filing a false report or record in the practice of speech-language pathology 28 or audiology; 29 (v) Submitting a false statement to collect a fee; and 30 (vi) Obtaining a fee through fraud or misrepresentation; 31 (6) Providing services while mentally incompetent; 32 (7) Engaging in illegal, incompetent, or habitually negligent practice; 33 (8) Providing professional services while: 34 LC001414 - Page 11 of 31 (i) Under the influence of alcohol; or 1 (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 2 therapeutic amounts or without valid medical indication; 3 (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 4 from these devices, appliances, or products; 5 (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 6 adopted by the board or departure from or failure to conform to the current standards of acceptable 7 prevailing practice and code of ethics of speech-language pathology or audiology; 8 (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 9 any appeal or another proceeding is pending to have the conviction or plea set aside; 10 (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 11 audiology; 12 (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 13 (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 14 or convicted or disciplined by a court of any state or country, for an act that would be grounds for 15 disciplinary action under this section; or 16 (15) Failing to maintain continuing education requirements. 17 (1)(16) Violating any provision of the act this chapter, any lawful order given, or rule or 18 regulation adopted by the board or departure from or failure to conform to the current standards of 19 acceptable prevailing practice and code of ethics of speech-language pathology or audiology as 20 adopted by the board and as contained in the “American Speech-Language-Hearing Association 21 Code of Ethics” as incorporated in this chapter. The board need not establish actual injury to clients 22 in order to adjudge a speech-language pathologist or audiologist of the above-named conduct. 23 (2)(b) The procedure for denial, revocation, or suspension of a license or discipline of a 24 licensee shall be as that set forth in § 5-48-13. § 5-48.2-11(b)(1) through (8): 25 (1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 26 particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 27 licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 28 (2) The individual against whom a charge is filed has the right to appear before the board 29 in person or by counsel, or both; may produce witnesses and evidence on their behalf; and may 30 question witnesses. 31 (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 32 the licensee, after notice, shall not prevent a hearing. 33 (4) All matters upon which the decision is based shall be introduced in evidence at the 34 LC001414 - Page 12 of 31 proceeding. 1 (5) The licensee shall be notified, in writing, of the board’s decision. 2 (6) The board may make any rules and regulations that it deems proper for the filing of 3 charges and the conduct of hearings. 4 (7) After issuing an order of revocation or suspension, the board may also file a petition in 5 equity in the superior court in a county in which the respondent resides or transacts business, to 6 ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 7 final determination. 8 (8) An application for reinstatement may be made to the board, which may, upon the 9 affirmative vote of at least the majority of its members, grant a reinstatement. 10 5-48.2-8. Support personnel. 11 (a) A speech-language pathology assistant (SLPA) for speech-language pathologists shall 12 meet the following requirements: 13 (1) Hold a bachelor’s degree from an accredited college or university and have successfully 14 completed no less than eighteen (18) hours of graduate credit in the areas of speech-language 15 pathology to include the following: 16 (i) Normal processes in speech, language, and hearing three (3) hours; 17 (ii) Disorders of speech, language, and hearing nine (9) hours; 18 (iii) Equipment, materials, procedures, and data collection used in assessment and/or 19 management of speech, language, and hearing disorders six (6) hours; and 20 (iv) Completion of twenty-five percent (25%) of those practicum hours required for 21 professional personnel by the American Speech-Language-Hearing Association. 22 (2) A speech-language pathology assistant (SLPA) shall be registered licensed at the 23 department and be required to re-register renew the license every two (2) years. 24 (b) Support personnel for audiologists (audiometric aide) or audiology assistants must meet 25 the following requirements: 26 (1) Hold a high school diploma; 27 (2) Receive intensive on-the-job training in accordance with the American Speech-28 Language-Hearing Association (ASHA) or American Academy of Audiology (AAA) guidelines 29 for support personnel by the supervising licensed audiologist prior to providing services. Any 30 subsequent supervising licensed audiologist may require retraining of an audiometric aide or 31 audiology assistant under the supervising licensed audiologist’s supervision. 32 (3) Audiometric aides or audiology assistants shall be registered licensed at the department 33 and be required to re-register renew the license every two (2) years. 34 LC001414 - Page 13 of 31 5-48.2-9. Supervision and responsibility. 1 (a)(1) A supervising professional must be a speech-language pathologist or audiologist who 2 is licensed under the act and this chapter; has attained and maintained their certificate of clinical 3 competency and who has been actively working in the field for twenty-four (24) months after 4 completion of the postgraduate professional experience; and must be responsible for the acts and 5 performances, patient screening, and specific tasks assigned by the licensee to the speech-language 6 pathology assistant (SLPA)/audiometric aide or audiology assistant. 7 (2) A licensee who supervises support personnel must: 8 (i) Utilize the services of only those who meet the minimum requirements enumerated 9 under this chapter; 10 (ii) Ensure that the support personnel are assigned only those duties and responsibilities for 11 which the person has been specifically trained and which the assistant is qualified to perform; 12 (iii) Ensure that persons who will be receiving services from support personnel, or the 13 person’s legal representative, are informed that services are being rendered by support personnel; 14 (iv) Provide supervision of the support personnel (other than newborn hearing screeners 15 and school hearing screeners); and 16 (v) Complete a minimum of two (2) hours of professional development in clinical 17 instruction/supervision. 18 (b) A speech-language pathologist supervisor may only supervise one full-time equivalent 19 speech-language pathology assistant (SLPA) support personnel and an audiologist supervisor may 20 only supervise three (3) full-time equivalent audiometric aides or audiology assistants unless 21 otherwise approved by the board. 22 (c) Observations of support audiometric aides must be completed and documented as to 23 date, amount of time, and accuracy and efficacy of service according to the following: Direct on-24 site observations of the first ten (10) hours of direct client contact; and five percent (5%) of all 25 clinical sessions after the first ten (10) hours for every forty (40) consecutive hours worked; and 26 indirect supervision (e.g., home, interactive television, audio/video review, or patient record 27 review) of five percent (5%) of each forty (40) consecutive hours worked. 28 5-48.2-13. Rules governing practices and procedures. 29 All hearings and reviews required under the provisions of the act this chapter shall be held 30 in accordance with the provisions of the rules and regulations regarding practices and procedures 31 before the department of health. 32 SECTION 3. Chapter 5-48.2 of the General Laws entitled "Professional Licensing and 33 Regulation of Speech-Language Pathologists and Audiologists" is hereby amended by adding 34 LC001414 - Page 14 of 31 thereto the following sections: 1 5-48.2-14. Board of examiners -- Composition -- Appointments, terms, and 2 qualifications of members. 3 (a) There exists within the department of health a board of examiners of speech-language 4 pathology and audiology. The board shall consist of five (5) persons who are residents of the state 5 and who have worked within the state for at least one year prior to their appointments. 6 (1) Two (2) members shall be speech-language pathologists who have practiced speech-7 language pathology for at least five (5) years preceding appointment, are currently practicing 8 speech-language pathology, and hold active and valid licensure for the practice of speech-language 9 pathology in this state. 10 (2) One member shall be an audiologist who has practiced audiology for at least five (5) 11 years immediately preceding appointment, is currently practicing audiology, and holds active and 12 valid licensure for the practice of audiology in this state. 13 (3) One member shall be an otolaryngologist who holds certification by the American 14 Academy of Otolaryngology -- head and neck surgery, who is currently practicing otolaryngology, 15 and holds active and valid licensure as a physician within this state. 16 (4) One member shall be a representative of the consumer public who is not associated 17 with or financially interested in the practice or business of speech-language pathology or audiology. 18 (b) All appointments to the board shall be for the term of three (3) years. Members shall 19 serve until the expiration of the term for which they have been appointed or until their appointed 20 successors are qualified. 21 (c) When a vacancy upon the board occurs, the director of the department of health shall, 22 with the approval of the governor, appoint persons who are working within the state to fill the 23 remainder of the vacant term. 24 (d) The board shall reorganize annually during the month of January and shall select a 25 chairperson. 26 (e) A majority of currently filled positions shall constitute a quorum to do business. 27 (f) No person shall be appointed to serve more than two (2) consecutive terms. 28 (g) The first board and all future members shall be appointed by the director of the 29 department of health, with the approval of the governor. 30 (h) The director of the department of health, with the approval of the governor, may remove 31 any member of the board for dishonorable conduct, incompetency, or neglect of duty. 32 5-48.2-15. Board of examiners -- Duties and powers -- Meetings -- Compensation of 33 members. 34 LC001414 - Page 15 of 31 (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 1 evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 2 administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 3 chapter and impose penalties if any violations of the chapter have occurred. 4 (b) The board shall conduct hearings and keep records and minutes as necessary to an 5 orderly dispatch of business. 6 (c) The board shall, with the approval of the director of the department of health, adopt, 7 amend, or repeal rules and regulations including, but not limited to, regulations that delineate 8 qualifications for licensure and establish standards of professional conduct. Following their 9 adoption, the rules and regulations shall govern and control the professional conduct of every 10 person who holds a license to practice speech-language pathology or audiology in this state. 11 (d) The board shall make available complete lists of the names and addresses of all licensed 12 speech-language pathologists and audiologists. 13 (e) The board may request legal advice and assistance from the appropriate state legal 14 officer. 15 (f) Regular meetings of the board shall be held at the times and places that it prescribes, 16 and special meetings may be held upon the call of the chairperson; provided that, at least one regular 17 meeting shall be held each year. 18 (g) The conferral or enumeration of specific powers in this chapter shall not be construed 19 as a limitation of the general powers conferred by this section. No member of the board shall be 20 liable to civil action for any act performed in good faith in the performance of their duties as 21 prescribed by this chapter. 22 (h) Board members shall serve without compensation. 23 (i) The board may deny, revoke, or suspend licenses or discipline licensees in accordance 24 with the provisions of this chapter subject to the approval of the director. 25 5-48.2-16. Receipts. 26 The proceeds of any fees collected pursuant to the provisions of this chapter shall be 27 deposited as general revenues. 28 5-48.2-17. Qualifications for provisional licensure. 29 (a) To be eligible for provisional licensure by the board, the speech-language pathologist 30 applicant must submit an application with the required application fee and be in compliance with 31 the requirements of § 5-48.2-7(a)(1), (4), (5), and (8). 32 (b) In addition to the requirements of subsection (a) of this section, content of the 33 supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 34 LC001414 - Page 16 of 31 speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 1 other national accrediting association as may be approved by the board. 2 (c) If the postgraduate professional experience extends beyond one-year, provisional 3 licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 4 professional experience. 5 (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 6 professional experience. 7 5-48.2-18. Qualifications for licensure as an audiologist. 8 Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 9 the following requirements: 10 (1) Be of good moral character; 11 (2) Apply to the board, upon a form prescribed by the board; 12 (3) Submit the appropriate application fee; 13 (4) Submit an official transcript indicating possession of an earned doctorate degree in 14 audiology from a regionally accredited educational institution as delineated in the rules and 15 regulations; 16 (5) Pass a national examination in audiology approved by the board and delineated in the 17 rules and regulations; 18 (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 19 (12) months of full-time, supervised experience, that may be completed as part of the graduate 20 degree, as delineated in the rules and regulations; 21 (7) If applicable, present evidence from the board of audiology in each state in which the 22 applicant has held or holds licensure to be submitted to the board of this state, attesting to the 23 licensure status of the applicant during the time period the applicant held licensure in the state; 24 (8) Any other requirements as set forth in the rules and regulations. 25 (9) Applicants with a master’s degree holding licensure from another state must present 26 verification of a Certificate of Clinical Competence from the American Academy of Audiology 27 (AAA) or other national accrediting association as may be approved by the board. 28 (10) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed as 29 an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 30 of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 31 SECTION 4. Section 5-48.2-2 of the General Laws in Chapter 5-48.2 entitled "Professional 32 Licensing and Regulation of Speech-Language Pathologists and Audiologists" is hereby repealed. 33 5-48.2-2. Incorporated materials. 34 LC001414 - Page 17 of 31 This chapter hereby adopts and incorporates the American Speech-Language-Hearing 1 Association’s “American Speech-Language-Hearing Association Code of Ethics” (2016) by 2 reference, not including any further editions or amendments thereof and only to the extent that the 3 provisions therein are not inconsistent with these regulations. 4 SECTION 5. Section 5-95-9 of the General Laws in Chapter 5-95 entitled "Licensing of 5 Massage Therapists" is hereby amended to read as follows: 6 5-95-9. Licensing — Qualifications for licensure (initial and endorsement); Issuance 7 or denial of license. 8 (a) Every person desiring to begin the practice of massage therapy, except persons with 9 special provisions as provided in this chapter, shall present satisfactory evidence to the division of 10 professional regulation of the department that the person: 11 (1) Is over eighteen (18) years of age; 12 (2) Has submitted to a national criminal background check in accordance with this chapter; 13 (3) Effective January 1, 2025: 14 (i) For an applicant for licensure pursuing a first massage therapist license: 15 Has successfully completed an approved massage therapy education program, meeting the 16 minimum requirements established by the board, including at least eight hundred (800) hours of 17 supervised in-class, hands-on coursework and clinical work, and has successfully completed an 18 approved massage therapy education program, meeting the minimum requirements established by 19 the board including at least six hundred fifty (650) hours of supervised in-class, hands-on 20 coursework and clinical work prior to December 31, 2024 2025; 21 (ii) For an applicant for licensure by endorsement, holding a massage therapist license in 22 another state: 23 Has successfully completed a massage therapy education program that meets the approved 24 massage therapy education program definition in § 5-95-3, including eight hundred (800) hours of 25 supervised in-class, hands-on coursework and clinical work or its equivalent. 26 (iii) Hour equivalents may be granted in the following manner: 27 (A) Each fifty (50) to sixty (60) minutes obtained from a course of study in massage therapy 28 equals one hour; 29 (B) Each one semester credit hour of massage therapy-related college/university study 30 equals fifteen (15) hours; 31 (C) Each year of full-time practice as a massage therapist equals one hundred (100) hours; 32 (D) Up to one hundred (100) hours may be granted for completion of continuing education 33 programs related to the massage therapy scope of practice described in § 5-95-4; and 34 LC001414 - Page 18 of 31 (4) Has successfully completed an examination approved by the board. Any examination 1 approved by the board must meet generally recognized standards including development through 2 the use of a job-task analysis and must meet appropriate psychometric standards. 3 (b) The department may grant a license to any applicant who has satisfied the requirements 4 of subsection (a) of this section, has completed all appropriate forms, paid all appropriate fees, and 5 has met substantially equivalent standards in obtaining a valid license, permit, certificate, or 6 registration issued by any other state or territory of the United States or by a foreign country. 7 (c) The department shall, within sixty (60) days from the time any application for a license 8 is received, grant the application and issue a license to practice massage therapy for the remaining 9 two-year (2) cycle from that date if the department is satisfied that the applicant complies with the 10 rules and regulations promulgated in accordance with this chapter. An applicant, whose national 11 criminal background check reveals a conviction for any sexual offense, including, but not limited 12 to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this 13 chapter. 14 (d) The fee for original application for licensure as a massage therapist and the fee for 15 annual license renewal every two (2) years shall be determined by the department. 16 (e) Any person applying for a license under this chapter shall undergo a national criminal 17 background check. Such persons shall apply to the bureau of criminal identification of the state 18 police or local police department for a national criminal background check. Fingerprinting shall be 19 required. Upon the discovery of any disqualifying information as defined in subsection (f) of this 20 section, the bureau of criminal identification of the state police or the local police department shall 21 inform the applicant, in writing, of the nature of the disqualifying information and, without 22 disclosing the nature of the disqualifying information, shall notify the board, in writing, that 23 disqualifying information has been found. In those situations in which no disqualifying information 24 has been found, the bureau of criminal identification shall inform the applicant and the board in 25 writing of this fact. An applicant against whom disqualifying information has been found may 26 request that a copy of the national criminal background report be sent to the board, which shall 27 make a judgment regarding the licensure of the applicant. The applicant shall be responsible for 28 payment of the costs of the national criminal background check. 29 (f) “Disqualifying information” means those offenses, including, but not limited to, those 30 defined in chapters 34, 34.1, and 37 of title 11, and § 23-17-37. 31 (g) Notwithstanding the provisions of this section, any city or town may, by ordinance, 32 regulate the opening, the presence, the location, and the operation of any bodyworks business or 33 any business providing bodyworks services. Provided, however, no ordinance may impose 34 LC001414 - Page 19 of 31 additional qualifications beyond those adopted by the department pursuant to this chapter 1 respecting national criminal background checks for persons applying for a license. 2 SECTION 6. Chapter 5-48 of the General Laws entitled "Speech-Language Pathology and 3 Audiology" is hereby repealed in its entirety. 4 CHAPTER 5-48 5 Speech-Language Pathology and Audiology 6 5-48-1. Purpose and legislative intent — Definitions. 7 (a) It is declared to be a policy of this state that the practice of speech-language pathology 8 and audiology is a privilege granted to qualified persons and that, in order to safeguard the public 9 health, safety, and welfare; protect the public from being misled by incompetent, unscrupulous, and 10 unauthorized persons; and protect the public from unprofessional conduct by qualified speech-11 language pathologists and audiologists, it is necessary to provide regulatory authority over persons 12 offering speech-language pathology and audiology services to the public. 13 (b) The following words and terms when used in this chapter have the following meaning 14 unless otherwise indicated within the context: 15 (1) “Audiologist” means an individual licensed by the board to practice audiology. 16 (2) “Audiology” means the application of principles, methods, and procedures related to 17 hearing and the disorders of the hearing and balance systems, to related language and speech 18 disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is 19 defined as altered sensitivity, acuity, function, processing, or damage to the integrity of the 20 physiological auditory/vestibular systems. 21 (3) “Board” means the state board of examiners of speech-language pathology and 22 audiology. 23 (4) “Clinical fellow” means the person who is practicing speech-language pathology under 24 the supervision of a licensed speech-language pathologist while completing the postgraduate 25 professional experience as required by this chapter. 26 (5) “Department” means the Rhode Island department of health. 27 (6) “Director” means the director of the Rhode Island department of health. 28 (7) “Person” means an individual, partnership, organization, or corporation, except that 29 only individuals can be licensed under this chapter. 30 (8)(i) “Practice of audiology” means rendering or offering to render any service in 31 audiology, including prevention, screening, and identification, evaluation, habilitation, 32 rehabilitation; participating in environmental and occupational hearing-conservation programs, and 33 habilitation and rehabilitation programs including hearing aid and assistive-listening-device 34 LC001414 - Page 20 of 31 evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training 1 and speech reading; conducting and interpreting tests of vestibular function and nystagmus; 2 conducting and interpreting electrophysiological measures of the auditory pathway; cerumen 3 management; evaluating sound environment and equipment; calibrating instruments used in testing 4 and supplementing auditory function; and planning, directing, conducting, or supervising programs 5 that render or offer to render any service in audiology. 6 (ii) The practice of audiology may include speech and/or language screening to a pass or 7 fail determination, for the purpose of initial identification of individuals with other disorders of 8 communication. 9 (iii) A practice is deemed to be the “practice of audiology” if services are offered under 10 any title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 11 “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 12 clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 13 audiologist,” or any similar title or description of services. 14 (9)(i) “Practice of speech-language pathology” means rendering or offering to render any 15 service in speech-language pathology including prevention, identification, evaluation, consultation, 16 habilitation, rehabilitation; determining the need for augmentative communication systems, 17 dispensing and selling these systems, and providing training in the use of these systems; and 18 planning, directing, conducting, or supervising programs that render or offer to render any service 19 in speech-language pathology. 20 (ii) The practice of speech-language pathology may include nondiagnostic pure-tone air 21 conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 22 fail determination, for the purpose of performing a speech and language evaluation or for the initial 23 identification of individuals with other disorders of communication. 24 (iii) The practice of speech-language pathology also may include aural rehabilitation, 25 which is defined as services and procedures for facilitating adequate receptive and expressive 26 communication in individuals with hearing impairment. 27 (iv) A practice is deemed to be the “practice of speech-language pathology” if services are 28 offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 29 “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 30 “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 31 therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 32 “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 33 description of services. 34 LC001414 - Page 21 of 31 (10) “Regionally accredited” means the official guarantee that a college or university or 1 other educational institution is in conformity with the standards of education prescribed by a 2 regional accrediting commission recognized by the United States Secretary of Education. 3 (11) “Speech-language pathologist” means an individual who is licensed by the board to 4 practice speech-language pathology. 5 (12) “Speech-language pathology” means the application of principles, methods, and 6 procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, 7 instruction, and research related to the development and disorders of human communication. 8 Disorders are defined to include any and all conditions, whether of organic or non-organic origin, 9 that impede the normal process of human communication in individuals or groups of individuals 10 who have or are suspected of having these conditions, including, but not limited to, disorders and 11 related disorders of: 12 (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 13 (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 14 pragmatics; and including disorders of receptive and expressive communication in oral, written, 15 graphic, and manual modalities); 16 (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., 17 dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 18 myofunctional disorders); 19 (iv) Cognitive aspects of communication (including communication disability and other 20 functional disabilities associated with cognitive impairment); and 21 (v) Social aspects of communication (including challenging behavior, ineffective social 22 skills, lack of communication opportunities). 23 5-48-2. Board of examiners — Composition — Appointments, terms, and 24 qualifications of members. 25 (a) There exists within the department of health a board of examiners of speech-language 26 pathology and audiology. The board shall consist of five (5) persons who are residents of the state 27 and who have worked within the state for at least one year prior to their appointments. 28 (1) Two (2) members shall be speech-language pathologists who have practiced speech-29 language pathology for at least five (5) years preceding appointment, are currently practicing 30 speech-language pathology, and hold active and valid licensure for the practice of speech-language 31 pathology in this state. 32 (2) One member shall be an audiologist who has practiced audiology for at least five (5) 33 years immediately preceding appointment, is currently practicing audiology, and holds active and 34 LC001414 - Page 22 of 31 valid licensure for the practice of audiology in this state. 1 (3) One member shall be an otolaryngologist who holds certification by the American 2 Academy of Otolaryngology — head and neck surgery, who is currently practicing otolaryngology, 3 and holds active and valid licensure as a physician within this state. 4 (4) One member shall be a representative of the consumer public who is not associated 5 with or financially interested in the practice or business of speech-language pathology or audiology. 6 (b) All appointments to the board shall be for the term of three (3) years. Members shall 7 serve until the expiration of the term for which they have been appointed or until their appointed 8 successors are qualified. 9 (c) When a vacancy upon the board occurs, the director of the department of health shall, 10 with the approval of the governor, appoint persons who are working within the state to fill the 11 remainder of the vacant term. 12 (d) The board shall reorganize annually during the month of January and shall select a 13 chairperson. 14 (e) A majority of currently filled positions shall constitute a quorum to do business. 15 (f) No person shall be appointed to serve more than two (2) consecutive terms. 16 (g) The first board and all future members shall be appointed by the director of the 17 department of health, with the approval of the governor. 18 (h) The director of the department of health, with the approval of the governor, may remove 19 any member of the board for dishonorable conduct, incompetency, or neglect of duty. 20 5-48-3. Board of examiners — Duties and powers — Meetings — Compensation of 21 members. 22 (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 23 evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 24 administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 25 chapter and impose penalties if any violations of the chapter have occurred. 26 (b) The board shall conduct hearings and keep records and minutes as necessary to an 27 orderly dispatch of business. 28 (c) The board shall, with the approval of the director of the department of health, adopt, 29 amend, or repeal rules and regulations, including, but not limited to, regulations that delineate 30 qualifications for licensure and establish standards of professional conduct. Following their 31 adoption, the rules and regulations shall govern and control the professional conduct of every 32 person who holds a license to practice speech-language pathology or audiology in this state. 33 (d) The board shall make available complete lists of the names and addresses of all licensed 34 LC001414 - Page 23 of 31 speech-language pathologists and audiologists. 1 (e) The board may request legal advice and assistance from the appropriate state legal 2 officer. 3 (f) Regular meetings of the board shall be held at the times and places that it prescribes, 4 and special meetings may be held upon the call of the chairperson; provided, that at least one regular 5 meeting shall be held each year. 6 (g) The conferral or enumeration of specific powers in this chapter shall not be construed 7 as a limitation of the general powers conferred by this section. No member of the board shall be 8 liable to civil action for any act performed in good faith in the performance of his or her duties as 9 prescribed by this chapter. 10 (h) Board members shall serve without compensation. 11 (i) The board may suspend the authority of any registered speech-language pathologist or 12 audiologist to practice speech-language pathology or audiology for failure to comply with any of 13 the requirements of this chapter. 14 5-48-4. Board examiners — Seal — Authentication of records. 15 The board shall adopt the state seal by which it authenticates its proceedings. Copies of the 16 proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning 17 those proceedings, records, and acts, signed by the secretary and authenticated by that seal, shall 18 be evidence in all courts of this state. 19 5-48-5. Receipts. 20 The proceeds of any fees collected pursuant to the provisions of this chapter shall be 21 deposited as general revenues. 22 5-48-6. Licensure and regulation of speech-language pathologists and audiologists. 23 (a) Licensure shall be granted in either speech-language pathology or audiology 24 independently. A person may be licensed in both areas if he or she meets the respective 25 qualifications. 26 (b) No person shall practice as, advertise as, or use the title of speech pathologist or 27 audiologist as defined in § 5-48-1 in this state unless he or she is licensed in accordance with the 28 provisions of the laws of the state. 29 (c) Registered speech-language pathologists or audiologists may render services under the 30 terms and provisions of the workers’ compensation and rehabilitation laws. 31 (d) A provisional license for the clinical fellow (defined in § 5-48-1(b)(4)) shall be required 32 in speech-language pathology for that period of postgraduate professional experience as required 33 in § 5-48-7.1. A provisional license shall authorize an individual to practice speech-language 34 LC001414 - Page 24 of 31 pathology solely in connection with the completion of the supervised postgraduate professional 1 experience. 2 5-48-7. Qualifications of applicants for a license as a speech-language pathologist. 3 To be eligible for licensure by the board as a speech-language pathologist the applicant 4 must: 5 (1) Be of good moral character; 6 (2) Apply to the department, upon a form prescribed by the department; 7 (3) Submit the appropriate application fee; 8 (4) Submit an official transcript indicating possession of a master’s degree or a doctorate 9 degree or equivalent in speech-language pathology from an educational institution accredited by 10 the Council on Academic Accreditation (CAA) of the American Speech-Language-Hearing 11 Association (ASHA) or other national accrediting association as may be approved by the board. 12 The degree shall consist of course work in accordance with the current, minimum requirements for 13 the certificate of clinical competence issued by the American Speech-Language-Hearing 14 Association (ASHA) or other national accrediting association as may be approved by the board and 15 delineated in the rules and regulations; 16 (5) Complete supervised clinical-practicum experiences from an educational institution or 17 its cooperating programs. The content of the practicum shall be in accordance with the current, 18 minimum requirements for the certificate of clinical competence issued by the American Speech-19 Language-Hearing Association (ASHA) or other national accrediting association as may be 20 approved by the board and delineated in the rules and regulations; 21 (6) Pass a national examination in speech-language pathology as required by the American 22 Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 23 be approved by the board and delineated in the rules and regulations; 24 (7) Present verification of a certificate of clinical competence from the American Speech-25 Language-Hearing Association (ASHA) or other national accrediting association as may be 26 approved by the board; and 27 (8) If applicable, present evidence from the board of speech-language pathology in each 28 state in which the applicant has held or holds licensure to be submitted to the board of this state, 29 attesting to the licensure status of the applicant during the time period the applicant held licensure 30 in the state. 31 5-48-7.1. Qualifications for a provisional license for a speech-language pathologist. 32 (a) To be eligible for provisional licensure by the board, the speech-language pathologist 33 applicant must submit an application with the required application fee and be in compliance with 34 LC001414 - Page 25 of 31 the requirements of § 5-48-7(1), (4), (5), and (6). 1 (b) In addition to the requirements of subsection (a) of this section, content of the 2 supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 3 speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 4 other national accrediting association as may be approved by the board. 5 (c) If the postgraduate professional experience extends beyond one year, provisional 6 licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 7 professional experience. 8 (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 9 professional experience. 10 5-48-7.2. Qualifications for license as an audiologist. 11 Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 12 the following requirements: 13 (1) Be of good moral character; 14 (2) Apply to the board, upon a form prescribed by the board; 15 (3) Submit the appropriate application fee; 16 (4) Submit an official transcript indicating possession of an earned doctorate degree in 17 audiology from a regionally accredited educational institution as delineated in the rules and 18 regulations; 19 (5) Pass a national examination in audiology approved by the board and delineated in the 20 rules and regulations; 21 (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 22 (12) months of full-time, supervised experience, that may be completed as part of the graduate 23 degree, as delineated in the rules and regulations; 24 (7) If applicable, present evidence from the board of audiology in each state in which the 25 applicant has held or holds licensure to be submitted to the board of this state, attesting to the 26 licensure status of the applicant during the time period the applicant held licensure in the state; 27 (8) Any other requirements as set forth in the rules and regulations. 28 5-48-7.3. Qualifications for audiologists licensed in alternate jurisdictions. 29 Persons licensed as an audiologist in alternate jurisdictions on or before January 1, 2008, 30 shall meet the requirements of this state that were in effect at the time of initial licensure in the 31 alternate jurisdiction. 32 5-48-8. [Repealed.] 33 5-48-9. Fees — Late filing — Inactive status. 34 LC001414 - Page 26 of 31 (a) The board may charge an application fee; a biennial license renewal fee payable before 1 July 1 of even years (biennially); or a provisional license renewal fee as set forth in § 23-1-54 2 payable annually from the date of issue. 3 (b) Any person who allows his or her license to lapse by failing to renew it on or before 4 the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on 5 payment of the current renewal fee plus an additional late filing fee as set forth in § 23-1-54. 6 (c) An individual licensed as a speech-language pathologist or audiologist in this state, not 7 in the active practice of speech-language pathology or audiology within this state during any year, 8 may upon request to the board, have his or her name transferred to an inactive status and shall not 9 be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status 10 may be maintained for no longer than two (2) consecutive licensing periods, after which period 11 licensure shall be terminated and reapplication to the board shall be required to resume practice. 12 (d) Any individual whose name has been transferred to an inactive status may be restored 13 to active status within two (2) licensing periods without a penalty fee upon the filing of: 14 (1) An application for licensure renewal, with a licensure renewal fee as set forth in § 23-15 1-54 made payable by check to the general treasurer of the state of Rhode Island; and 16 (2) Any other information that the board may request. 17 (e) [Deleted by P.L. 2015, ch. 141, art. 20, § 9]. 18 5-48-9.1. Continuing education. 19 (a)(1) On or before the thirtieth (30th) day of June of even years, every person licensed to 20 practice speech-language pathology or audiology within this state shall complete not less than 21 twenty (20) clock hours of continuing education within the preceding two (2) years and be able to 22 present satisfactory evidence of completion to the board. 23 (2) Those persons holding licensure in both speech-language pathology and audiology must 24 have completed and have evidence of completion of not less than thirty (30) clock hours of 25 continuing education within the preceding two (2) years. 26 (b) Continuing education hours may not be carried over from one renewal period to the 27 next. 28 (c) The board at its discretion may extend, reduce, or waive the requirement for continuing 29 education for hardship or other extenuating circumstances as the board deems appropriate. 30 5-48-10. Persons and practices exempted. 31 The provisions of this chapter do not apply to: 32 (1) A qualified person licensed, registered, certified, or credentialed in this state under any 33 other law who is practicing the profession or business for which he or she is licensed, registered, 34 LC001414 - Page 27 of 31 certified, or credentialed, in the setting for which the licensure, registration, certification, or 1 credential pertains and performs services within their authorized scope of practice. 2 (2) This chapter specifically excludes those persons who commercially fit and sell hearing 3 aids; provided, that those persons do not receive a separate or additional fee for testing or 4 interpreting tests of hearing; and provided, that those persons do not represent themselves as 5 audiologists as defined in this chapter. This subsection does not preclude remuneration for any 6 other service offered solely in conjunction with the fitting or maintaining of a hearing aid. 7 (3) No one shall be exempt under subsection (1) for that portion of his or her time spent as 8 a private practitioner. If he or she performs any work as a speech-language pathologist or 9 audiologist for which a fee may be paid by the recipient of the service as part of a private practice 10 apart from his or her position with the government, a license must be held. 11 5-48-11. Grounds for suspension or revocation of licenses. 12 The license of any speech-language pathologist or audiologist may be suspended or 13 revoked by the board upon proof that he or she: 14 (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 15 licensee, holder, or for another; 16 (2) Fraudulently or deceptively used a license; 17 (3) Altered a license; 18 (4) Aided or abetted unlicensed practice; 19 (5) Committed fraud and deceit in the practice of speech-language pathology or of 20 audiology, including, but not limited to: 21 (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 22 advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 23 or any other representation; 24 (ii) Falsely representing the use or availability of services or advice of a physician; 25 (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 26 similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 27 from an accredited institution; 28 (iv) Making or filing a false report or record in the practice of speech-language pathology 29 or audiology; 30 (v) Submitting a false statement to collect a fee; and 31 (vi) Obtaining a fee through fraud or misrepresentation; 32 (6) Providing services while mentally incompetent; 33 (7) Engaging in illegal, incompetent, or habitually negligent practice; 34 LC001414 - Page 28 of 31 (8) Providing professional services while: 1 (i) Under the influence of alcohol; or 2 (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 3 therapeutic amounts or without valid medical indication; 4 (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 5 from these devices, appliances, or products; 6 (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 7 adopted by the board or departure from or failure to conform to the current standards of acceptable 8 prevailing practice and code of ethics of speech-language pathology or audiology; 9 (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 10 any appeal or another proceeding is pending to have the conviction or plea set aside; 11 (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 12 audiology; 13 (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 14 (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 15 or convicted or disciplined by a court of any state or country, for an act that would be grounds for 16 disciplinary action under this section; or 17 (15) Failing to maintain continuing education requirements. 18 5-48-12. Penalty for violations. 19 (a) The board is granted the authority to impose the following disciplinary actions in those 20 instances in which an applicant for a license or a licensee has been guilty of conduct that has 21 endangered, or is likely to endanger, the health, welfare, or safety of the public: 22 (1) Refuse to issue or renew a license. 23 (2) Issue a letter of reprimand or concern. 24 (3) Require restitution of fees. 25 (4) Impose probationary conditions. 26 (5) Suspend or revoke a license. 27 (b) Any person found to be in violation of any provision of this chapter, upon conviction, 28 shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars 29 ($1,000). 30 5-48-13. Revocation and suspension procedure — Reinstatement. 31 (a)(1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 32 particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 33 licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 34 LC001414 - Page 29 of 31 (2) The individual against whom a charge is filed has the right to appear before the board 1 in person or by counsel, or both; may produce witnesses and evidence on his or her behalf; and 2 may question witnesses. 3 (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 4 the licensee, after notice, shall not prevent a hearing. 5 (4) All matters upon which the decision is based shall be introduced in evidence at the 6 proceeding. 7 (5) The licensee shall be notified, in writing, of the board’s decision. 8 (6) The board may make any rules and regulations that it deems proper for the filing of 9 charges and the conduct of hearings. 10 (b) After issuing an order of revocation or suspension, the board may also file a petition in 11 equity in the superior court in a county in which the respondent resides or transacts business, to 12 ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 13 final determination. 14 (c) An application for reinstatement may be made to the board, which may, upon the 15 affirmative vote of at least the majority of its members, grant a reinstatement. 16 5-48-14. [Obsolete.] 17 5-48-15. Severability. 18 If any provision of this chapter or of any rule or regulation made under this chapter, or their 19 application to any person or circumstances, is held invalid by a court of competent jurisdiction, the 20 remainder of the chapter, rule, or regulation, and the application of that provision to other persons 21 or circumstances, shall not be affected. 22 SECTION 7. Section 46-13-18 of the General Laws in Chapter 46-13 entitled "Public 23 Drinking Water Supply" is hereby amended to read as follows: 24 46-13-18. Adoption of regulations. 25 (a) The director is hereby authorized to adopt regulations consistent with the provisions of 26 this chapter, the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and the federal 27 regulations adopted under that act. All new and existing public water supply systems subject to the 28 provisions of this chapter must comply with the provisions of this chapter and with all the 29 regulations adopted under this chapter in order to obtain and/or maintain approval by the director 30 as a public water supply system. The director is further authorized to establish by regulation a 31 schedule of fees for applications, approvals, and renewals required by this chapter. 32 (b)(1) Any community water system serving a population of ten thousand (10,000) or more 33 shall directly deliver a full copy of the consumer confidence report, which is required by the U.S. 34 LC001414 - Page 30 of 31 Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. § 300f et 1 seq., to each household within the water system’s service area that receives water from that system. 2 The method of delivery shall be determined by the water system, but can include delivery via either: 3 (i) Postal patron mailing; 4 (ii) A community newsletter that is directly delivered to each household; 5 (iii) A community calendar that is directly delivered to each household; or 6 (iv) Any other method that will directly reach each household within the water system’s 7 service area that receives water from that system. 8 (2) In the event that within the service area there are buildings with five (5) or more 9 residential units, the system will not be required to deliver directly to each of these units. Instead, 10 the water system shall mail multiple copies of the report to the building manager or other 11 appropriate individual, noting that the reports should be distributed to residents and/or posted in a 12 common area. Additionally, colleges and universities will be exempted from this requirement but 13 are still responsible for meeting all federal requirements. 14 (3) The department of health shall serve as the repository for all consumer confidence 15 reports and shall direct inquiries for copies of the report to the appropriate water system in order to 16 obtain a copy of the report. 17 SECTION 8. This act shall take effect upon passage. 18 ======== LC001414 ======== LC001414 - Page 31 of 31 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- NURSES *** This act would make a series of amendments to several statutes regarding businesses and 1 professions to provide clarity or align with new federal requirements. 2 This act would take effect upon passage. 3 ======== LC001414 ========