Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0607 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
1616 Introduced By: Senators DiMario, Urso, Murray, Ujifusa, Valverde, Appollonio,
1717 Thompson, and Lauria
1818 Date Introduced: March 06, 2025
1919 Referred To: Senate Health & Human Services
2020 (Dept. of Health)
2121
2222 It is enacted by the General Assembly as follows:
2323 SECTION 1. Section 5-34-31 of the General Laws in Chapter 5-34 entitled "Nurses" is 1
2424 hereby amended to read as follows: 2
2525 5-34-31. Practices and persons exempt. 3
2626 No provisions of this chapter shall be construed as prohibiting: 4
2727 (1) Gratuitous nursing by friends or members of the family or as prohibiting the care of the 5
2828 sick by domestic servants, housekeepers, nursemaids, companions, or household aides of any type, 6
2929 whether employed regularly or because of an emergency of illness, provided that person is 7
3030 employed primarily in a domestic capacity and does not hold themself out or accept employment 8
3131 as a person licensed to practice nursing for hire under the provisions of this chapter or as prohibiting 9
3232 nursing assistants in the case of any emergency; 10
3333 (2) The practice of nursing by students enrolled in approved educational programs of 11
3434 professional nursing or practical-nursing educational programs nor by graduates of those schools 12
3535 or courses before taking and receiving results of the National Council Licensure Examination 13
3636 (NCLEX), provided that they are licensed in this state within ninety (90) days from the date on the 14
3737 department’s licensing application fee receipt, in accordance with regulations prescribed by the 15
3838 board; 16
3939 (3) The supervised practice of nursing by graduates of approved educational programs of 17
4040 professional nursing or practical-nursing educational programs before taking and receiving results 18
4141 of the National Council Licensure Examination (NCLEX); provided that, they are licensed in this 19
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4545 state within ninety (90) days of graduation. This temporary privilege will not be renewed and will 1
4646 automatically cease upon notification that the graduate nurse has failed the NCLEX; 2
4747 (3)(4) The practice of nursing in this state by any legally qualified nurse of another state 3
4848 whose engagement requires him or her to accompany and care for a patient temporarily residing in 4
4949 this state during the period of this engagement not to exceed six (6) months in length, provided that 5
5050 person does not represent or hold themself out as a nurse licensed to practice in this state; 6
5151 (4)(5) The practice of any legally qualified nurse of another state who is employed by the 7
5252 United States government or any bureau, division, or agency of the government while in the 8
5353 discharge of their official duties; 9
5454 (5)(6) Persons employed in state and licensed healthcare facilities, licensed homes for the 10
5555 aged and/or convalescent persons, and recognized public-health agencies from assisting in the 11
5656 nursing care of patients if adequate medical or nursing supervision is provided; 12
5757 (6)(7) Nursing care of the sick with or without compensation or personal profit when done 13
5858 in connection with the practice of the religious tenets of any recognized or established church by 14
5959 adherents as long as they do not engage in the practice of nursing as defined in this chapter; 15
6060 (7)(8) Persons who provide acceptable evidence of being currently licensed by examination 16
6161 or endorsement under the laws of other states of the United States and the District of Columbia 17
6262 from practicing nursing in this state for a period of ninety (90) days from the date on the application 18
6363 fee receipt, provided that they are licensed in this state within ninety (90) days from the date on the 19
6464 application fee receipt. The original privilege to work ninety (90) days from the date on the 20
6565 application fee receipt shall not be extended or renewed. 21
6666 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
6767 and 5-48.2-13 of the General Laws in Chapter 5-48.2 entitled "Professional Licensing and 23
6868 Regulation of Speech-Language Pathologists and Audiologists" are hereby amended to read as 24
6969 follows: 25
7070 5-48.2-3. Definitions. 26
7171 As used in this chapter, the following words and terms shall have the following meanings, 27
7272 except where the context clearly indicates otherwise: 28
7373 (1) “Accredited/approved” means that an institution/program holds regional accreditation 29
7474 from one of six (6) regional accrediting bodies: Middle States Association of Colleges and Schools, 30
7575 New England Association of Schools and Colleges, North Central Association of Colleges and 31
7676 Schools, Northwest Association of Schools and Colleges, Southern Association of Colleges and 32
7777 Schools, and Western Association of Schools and Colleges. 33
7878 (2) “Act” means chapter 48 of this title entitled, “speech-language pathology and 34
7979
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8282 audiology,” as well as the provisions of this chapter, where the context so indicates. 1
8383 (3) “Audiologist” means an individual who is licensed by the board to practice audiology 2
8484 either in person or via telepractice. 3
8585 (4) “Audiology” means the audiologist applies the principles, methods, and procedures 4
8686 related to hearing and the disorders of the hearing and balance systems, to related language and 5
8787 speech disorders, and to aberrant behavior related to hearing loss. A hearing disorder is defined as 6
8888 altered sensitivity, acuity, function, processing, and/or damage to the integrity of the physiological 7
8989 auditory/vestibular systems, in individuals or groups of individuals who have or are suspected of 8
9090 having such disorders. 9
9191 (5) “Audiology support personnel” shall operate under the title “audiometric aide” or 10
9292 “audiology assistant” and means an individual who meets minimum qualifications established by 11
9393 the board, which are less than those established by the act this chapter as necessary for licensing as 12
9494 an audiologist; does not act independently; is limited to hearing screening with pass/fail criteria; 13
9595 and works under the direction and supervision of an audiologist licensed under the act this chapter 14
9696 who has been actively working in the field for twenty-four (24) months after completion of the 15
9797 postgraduate professional experience and who accepts the responsibility for the acts and 16
9898 performances of the audiometric aide or audiology assistant while working under the act. 17
9999 (6) “Board” means the state board of examiners of speech-language pathology and 18
100100 audiology established pursuant to § 5-48-2. 19
101101 (7) “Clinical fellow” means the person who is practicing speech-language pathology under 20
102102 the supervision of a licensed speech-language pathologist while completing the postgraduate 21
103103 professional experience as required by the act and who holds a current provisional license in 22
104104 accordance with the requirements described in this chapter. 23
105105 (8) “Clinical fellowship or traineeship” means the direct clinical work, consultation, or 24
106106 other duties relevant to clinical speech-language pathology work with individuals presenting 25
107107 disorders in communication, for a cumulative or equivalent total of nine (9) months of full-time 26
108108 employment following completion of professional speech-language pathology education under 27
109109 supervision pursuant to § 5-48-7 and the provisions of this chapter. 28
110110 (9) “Department” means the Rhode Island department of health. 29
111111 (10) “Director” means the director of the Rhode Island department of health. 30
112112 (11) “Graduate program” means a post-baccalaureate accredited program leading to a 31
113113 master’s or doctoral degree, including a professional doctoral degree, whether offered through an 32
114114 accredited graduate or professional school. 33
115115 (12) “Newborn hearing screener” means an audiometric aide or audiology assistant 34
116116
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119119 working in a hospital-based newborn hearing screening program under the direction of the 1
120120 department of health newborn hearing screening program, or its appointee. 2
121121 (13) “Person” means an individual, partnership organization, or corporation, except that 3
122122 only individuals can be licensed under this chapter. 4
123123 (14) “The practice of audiology” means an audiologist rendering or offering to render any 5
124124 service in audiology either in person or via telepractice as defined in § 5-48-1 and in this section 6
125125 rendering or offering to render any service in audiology, including prevention, screening, and 7
126126 identification, evaluation, habilitation, rehabilitation; participating in environmental and 8
127127 occupational hearing-conservation programs, and habilitation and rehabilitation programs 9
128128 including hearing aid and assistive-listening-device evaluation, prescription, preparation, 10
129129 dispensing, and/or selling and orientation; auditory training and speech reading; conducting and 11
130130 interpreting tests of vestibular function and nystagmus; conducting and interpreting 12
131131 electrophysiological measures of the auditory pathway; cerumen management; evaluating sound 13
132132 environment and equipment; calibrating instruments used in testing and supplementing auditory 14
133133 function; and planning, directing, conducting, or supervising programs that render or offer to render 15
134134 any service in audiology. 16
135135 (i) The practice of audiology may include speech and/or language screening to a pass or 17
136136 fail determination, for the purpose of initial identification of individuals with other disorders of 18
137137 communication. 19
138138 (ii) A practice is deemed to be the “practice of audiology” if services are offered under any 20
139139 title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 21
140140 “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 22
141141 clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 23
142142 audiologist,” or any similar title or description of services. 24
143143 (15) “The practice of speech-language pathology” means rendering or offering to render 25
144144 any service in speech-language pathology either in person or via telepractice as defined in this 26
145145 section including prevention, identification, evaluation, consultation, habilitation, rehabilitation; 27
146146 determining the need for augmentative communication systems, dispensing and selling these 28
147147 systems, and providing training in the use of these systems; and planning, directing, conducting, or 29
148148 supervising programs that render or offer to render any service in speech-language pathology. 30
149149 (i) The practice of speech-language pathology may include nondiagnostic pure-tone air 31
150150 conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 32
151151 fail determination, for the purpose of performing a speech and language evaluation or for the initial 33
152152 identification of individuals with other disorders of communication. 34
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156156 (ii) The practice of speech-language pathology also may include aural rehabilitation, which 1
157157 for purposes of this subsection, means services and procedures for facilitating adequate receptive 2
158158 and expressive communication in individuals with hearing impairment. 3
159159 (iii) A practice is deemed to be the “practice of speech-language pathology” if services are 4
160160 offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 5
161161 “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 6
162162 “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 7
163163 therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 8
164164 “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 9
165165 description of services. 10
166166 (16) “Regionally accredited” means the official guarantee that a college or university or 11
167167 other educational institution is in conformity with the standards of education prescribed by a 12
168168 regional accrediting commission recognized by the United States Secretary of Education. 13
169169 (17) “School hearing screener” means an audiometric aide or audiology assistant working 14
170170 in a school-based hearing screening program under the direction of the Rhode Island department 15
171171 of elementary and secondary education or its appointee. 16
172172 (18) “Speech-language pathologist” means an individual who is licensed by the board to 17
173173 practice speech-language pathology either in person or via telepractice. 18
174174 (19) “Speech-language pathology” means the activities defined in § 5-48-1 and in this 19
175175 section the application of principles, methods, and procedures for prevention, identification, 20
176176 evaluation, consultation, habilitation, rehabilitation, instruction, and research related to the 21
177177 development and disorders of human communication. Disorders are defined to include any and all 22
178178 conditions, whether of organic or non-organic origin, that impede the normal process of human 23
179179 communication in individuals or groups of individuals who have or are suspected of having these 24
180180 conditions, including, but not limited to, disorders and related disorders of: 25
181181 (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 26
182182 (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 27
183183 pragmatics; and including disorders of receptive and expressive communication in oral, written, 28
184184 graphic, and manual modalities); 29
185185 (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (such as 30
186186 dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 31
187187 myofunctional disorders); 32
188188 (iv) Cognitive aspects of communication (including communication disability and other 33
189189 functional disabilities associated with cognitive impairment); and 34
190190
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193193 (v) Social aspects of communication (including challenging behavior, ineffective social 1
194194 skills, and lack of communication opportunities). 2
195195 (20) “Speech-language pathology assistant (SLPA) support personnel” means an 3
196196 individual who meets minimum qualifications established by the board, which are less than those 4
197197 established by the act this chapter as necessary for licensing as a speech-language pathologist; does 5
198198 not act independently; and works under the direction and supervision of a speech-language 6
199199 pathologist licensed under the act this chapter who has been actively working in the field for twenty-7
200200 four (24) months after completion of the postgraduate professional experience and who accepts the 8
201201 responsibility for the acts and performances of the speech-language pathology assistant while 9
202202 working under this chapter. 10
203203 (21) “Telepractice” means the use of telecommunication technology to deliver speech-11
204204 language pathology and audiology services remotely. Other terms such as teleaudiology, 12
205205 telespeech, and speech teletherapy are also used in addition to telepractice. Use of telepractice 13
206206 should be of equal quality to services provided in person and consistent with adherence to the 14
207207 American Speech-Language-Hearing Association (ASHA)’s Code of Ethics (ASHA, 2016a), 15
208208 Scope of Practice in Audiology (ASHA, 2018), Scope of Practice in Speech-Language Pathology 16
209209 (ASHA, 2016b), and Assistants Code of Conduct (ASHA, 2020), and as further provided in 17
210210 regulation. 18
211211 5-48.2-4. License requirements. 19
212212 (a) No person shall practice as, advertise as, or use the title of speech-language pathologist 20
213213 or audiologist in this state unless licensed in accordance with the provisions of the act and this 21
214214 section chapter. The provisions of the act and this section chapter shall not apply to individuals 22
215215 specifically exempt from the provisions thereof by § 5-48-10.: 23
216216 (1) A qualified person licensed, registered, certified, or credentialed in this state under any 24
217217 other law who is practicing the profession or business for which they are licensed, registered, 25
218218 certified, or credentialed, in the setting for which the licensure, registration, certification, or 26
219219 credential pertains and performs services within their authorized scope of practice; 27
220220 (2) This chapter specifically excludes those persons who commercially fit and sell hearing 28
221221 aids; provided that, those persons do not receive a separate or additional fee for testing or 29
222222 interpreting tests of hearing; and provided that, those persons do not represent themselves as 30
223223 audiologists as defined in this chapter. This subsection does not preclude remuneration for any 31
224224 other service offered solely in conjunction with the fitting or maintaining of a hearing aid; and 32
225225 (3) No one shall be exempt under subsection (a)(1) of this section for that portion of their 33
226226 time spent as a private practitioner. If they perform any work as a speech-language pathologist or 34
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230230 audiologist for which a fee may be paid by the recipient of the service as part of a private practice 1
231231 apart from their position with the government, a license must be held. 2
232232 (b) A provisional license for the clinical fellow as defined in this chapter shall be required 3
233233 in speech-language pathology for that period of postgraduate professional experience as required 4
234234 in §§ 5-48-7 and 5-48.2-5. A provisional license shall authorize an individual to practice speech-5
235235 language pathology solely in connection with the completion of the supervised postgraduate 6
236236 professional experience. 7
237237 (c) Any person residing in and/or licensed in another state who provides telepractice 8
238238 services in the area of speech-language pathology and audiology within the State of Rhode Island 9
239239 regardless of their legal residence must be licensed in the state in accordance with the provisions 10
240240 of the act and this chapter. The provisions of the act and this chapter shall not apply to individuals 11
241241 specifically exempt from the provisions thereof by § 5-48-10 § 5-48.2-6(a)(2). 12
242242 5-48.2-5. Qualifications for licensure Qualifications for licensure as a speech-language 13
243243 pathologist. 14
244244 (a) Audiologists. In addition to the requirements set forth in § 5-48-7.2, persons seeking 15
245245 initial licensure as an audiologist providing in-person or telepractice services shall meet the 16
246246 following requirements: 17
247247 (1) Submit an official transcript indicating possession of an earned doctorate degree in 18
248248 audiology from a regionally accredited educational institution or other national accrediting 19
249249 organization as may be approved by the board; 20
250250 (2) Pass a national examination in audiology approved by the board; 21
251251 (3) Present evidence of practicum experience that is equivalent to a minimum of twelve 22
252252 (12) months of full-time, supervised experience, that may be completed as part of the graduate 23
253253 degree, as delineated in this chapter; 24
254254 (4) Applicants with a master’s degree holding licensure from another state must present 25
255255 verification of a Certificate of Clinical Competence from the American Speech-Language-Hearing 26
256256 Association (ASHA) or other national accrediting association as may be approved by the board. 27
257257 (b) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed 28
258258 as an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 29
259259 of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 30
260260 (c) Speech-language pathologists. In addition to the requirements set forth in § 5-48-7, an 31
261261 applicant seeking licensure to practice as a speech-language pathologist who provides in-person or 32
262262 telepractice services in Rhode Island must have attained To be eligible for licensure by the board 33
263263 as a speech-language pathologist the applicant must: 34
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267267 (1) Be of good moral character; 1
268268 (2) Apply to the department, upon a form prescribed by the department; 2
269269 (3) Submit the appropriate application fee; 3
270270 (4) Complete supervised clinical-practicum experiences from an educational institution or 4
271271 its cooperating programs. The content of the practicum shall be in accordance with the current, 5
272272 minimum requirements for the certificate of clinical competence issued by the American Speech-6
273273 Language-Hearing Association (ASHA) or other national accrediting association as may be 7
274274 approved by the board and delineated in the rules and regulations; 8
275275 (5) Pass a national examination in speech-language pathology as required by the American 9
276276 Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 10
277277 be approved by the board and delineated in the rules and regulations; 11
278278 (6) Present verification of a certificate of clinical competence from the American Speech-12
279279 Language-Hearing Association (ASHA) or other national accrediting association as may be 13
280280 approved by the board; and 14
281281 (7) If applicable, present evidence from the board of speech-language pathology in each 15
282282 state in which the applicant has held or holds licensure to be submitted to the board of this state, 16
283283 attesting to the licensure status of the applicant during the time period the applicant held licensure 17
284284 in the state. 18
285285 (8) Attained a master’s degree or a doctoral degree or equivalent in speech-language 19
286286 pathology from an accredited educational institution accredited by the Council on Academic 20
287287 Accreditation (CAA) of the American Speech-Language-Hearing Association (ASHA) or other 21
288288 national accrediting association as may be approved by the board. The degree shall consist of course 22
289289 work in accordance with the current minimum requirements for the Certificate of Clinical 23
290290 Competence issued by the American Speech-Language-Hearing Association (ASHA) or other 24
291291 national accrediting association as may be approved by the board. 25
292292 (d) Qualifications for a provisional license for speech-language pathologists. To be 26
293293 eligible for provisional licensure by the department, the speech-language pathologist must submit 27
294294 an application with the required application fee and be in compliance with the requirements of this 28
295295 chapter and § 5-48-7.1. 29
296296 5-48.2-6. Issuance and renewal of license and fee. 30
297297 (a) The department shall issue a license as an audiologist or speech-language pathologist, 31
298298 or renewal thereof, for a period of two (2) years. The license, unless sooner suspended or revoked, 32
299299 shall expire on the first day of July, two (2) years following its issuance, and may be renewed 33
300300 biennially (in even years); provided the applicant meets the requirements of this chapter and the 34
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304304 statutory provisions of the act. The licensee must maintain their certificate of clinical competence 1
305305 in their practicing area (speech-language pathology or audiology) in order to renew their license. 2
306306 (b) A license may be renewed by submission of the renewal application and renewal fee as 3
307307 set forth in the fee structure for licensing, laboratory, and administrative services provided by the 4
308308 department of health in their regulations payable before July 1 of even years (biennially). 5
309309 (c) A provisional license may be renewed annually from the date of issue, if the 6
310310 postgraduate professional experience has exceeded one year, by submission of the renewal 7
311311 application and renewal fee as set forth in the fee structure for licensing, laboratory, and 8
312312 administrative services provided by the department of health. A provisional license shall not exceed 9
313313 thirty-six (36) months past the initiation of the professional experience and will expire ninety (90) 10
314314 days after the end of the postgraduate professional experience. 11
315315 (d)(1) Any licensee who allows their license to lapse by failing to renew it on or before the 12
316316 thirtieth day of June of even years (biennially), may have the license renewed reinstated by 13
317317 submitting to the department an application, and renewal fee plus an additional late fee as set forth 14
318318 in the fee structure for licensing, laboratory, and administrative services provided by the department 15
319319 of health § 23-1-54, and documentation of completion of continuing education units (CEUs) as 16
320320 required in this chapter taken during the previous two (2) years. 17
321321 (2) Any person who allows their license to lapse longer than two (2) consecutive licensing 18
322322 periods may be reinstated by the department, upon the filing of: 19
323323 (i) A reinstatement application for licensure; 20
324324 (ii) Payment of the current licensure renewal fee plus an additional late fee as set forth in 21
325325 the fee structure for licensing, laboratory, and administrative services provided by the department 22
326326 of health; and 23
327327 (iii) Documentation of completion of continuing education units (CEUs) as required in this 24
328328 chapter taken during the previous two (2) years. 25
329329 (e) Inactive status. 26
330330 (1) An individual licensed as a speech-language pathologist and/or audiologist in Rhode 27
331331 Island, not in the active practice of speech-language pathology or audiology within Rhode Island 28
332332 during any year, may upon request to the department have their name transferred to an inactive 29
333333 status and shall not be required to register biennially or pay any fee as long as the individual remains 30
334334 inactive. 31
335335 (2) Inactive status may be maintained for no longer than two (2) consecutive licensing 32
336336 periods, after which period licensure will be terminated and a reinstatement application submitted 33
337337 to the department will be required to resume practice. 34
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341341 (3) Any individual whose name has been transferred to an inactive status may be restored 1
342342 to active status within two (2) licensing periods to practice speech-language pathology or audiology 2
343343 without a penalty fee, upon the filing of: 3
344344 (i) An application for licensure renewal with a licensure renewal fee as set forth in the fee 4
345345 structure for licensing, laboratory, and administrative services provided by the department of health 5
346346 § 23-1-54; and 6
347347 (ii) Such other information as may be requested by the board. 7
348348 (f) Any non-provisional, active license may be renewed biennially by submission of the 8
349349 renewal application and renewal fee as set forth in regulations payable before July 1 of even years. 9
350350 5-48.2-7. Denial, suspension, and revocation of license. 10
351351 (a) The board is authorized to deny, suspend or revoke any license to practice speech-11
352352 language pathology and/or audiology or discipline any licensee upon a finding by the board that 12
353353 the person is guilty of conduct as set forth in § 5-48-11, and in addition: 13
354354 (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 14
355355 licensee, holder, or for another; 15
356356 (2) Fraudulently or deceptively used a license; 16
357357 (3) Altered a license; 17
358358 (4) Aided or abetted unlicensed practice; 18
359359 (5) Committed fraud and deceit in the practice of speech-language pathology or of 19
360360 audiology including, but not limited to: 20
361361 (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 21
362362 advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 22
363363 or any other representation; 23
364364 (ii) Falsely representing the use or availability of services or advice of a physician; 24
365365 (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 25
366366 similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 26
367367 from an accredited institution; 27
368368 (iv) Making or filing a false report or record in the practice of speech-language pathology 28
369369 or audiology; 29
370370 (v) Submitting a false statement to collect a fee; and 30
371371 (vi) Obtaining a fee through fraud or misrepresentation; 31
372372 (6) Providing services while mentally incompetent; 32
373373 (7) Engaging in illegal, incompetent, or habitually negligent practice; 33
374374 (8) Providing professional services while: 34
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378378 (i) Under the influence of alcohol; or 1
379379 (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 2
380380 therapeutic amounts or without valid medical indication; 3
381381 (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 4
382382 from these devices, appliances, or products; 5
383383 (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 6
384384 adopted by the board or departure from or failure to conform to the current standards of acceptable 7
385385 prevailing practice and code of ethics of speech-language pathology or audiology; 8
386386 (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 9
387387 any appeal or another proceeding is pending to have the conviction or plea set aside; 10
388388 (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 11
389389 audiology; 12
390390 (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 13
391391 (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 14
392392 or convicted or disciplined by a court of any state or country, for an act that would be grounds for 15
393393 disciplinary action under this section; or 16
394394 (15) Failing to maintain continuing education requirements. 17
395395 (1)(16) Violating any provision of the act this chapter, any lawful order given, or rule or 18
396396 regulation adopted by the board or departure from or failure to conform to the current standards of 19
397397 acceptable prevailing practice and code of ethics of speech-language pathology or audiology as 20
398398 adopted by the board and as contained in the “American Speech-Language-Hearing Association 21
399399 Code of Ethics” as incorporated in this chapter. The board need not establish actual injury to clients 22
400400 in order to adjudge a speech-language pathologist or audiologist of the above-named conduct. 23
401401 (2)(b) The procedure for denial, revocation, or suspension of a license or discipline of a 24
402402 licensee shall be as that set forth in § 5-48-13. § 5-48.2-11(b)(1) through (8): 25
403403 (1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 26
404404 particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 27
405405 licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 28
406406 (2) The individual against whom a charge is filed has the right to appear before the board 29
407407 in person or by counsel, or both; may produce witnesses and evidence on their behalf; and may 30
408408 question witnesses. 31
409409 (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 32
410410 the licensee, after notice, shall not prevent a hearing. 33
411411 (4) All matters upon which the decision is based shall be introduced in evidence at the 34
412412
413413
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415415 proceeding. 1
416416 (5) The licensee shall be notified, in writing, of the board’s decision. 2
417417 (6) The board may make any rules and regulations that it deems proper for the filing of 3
418418 charges and the conduct of hearings. 4
419419 (7) After issuing an order of revocation or suspension, the board may also file a petition in 5
420420 equity in the superior court in a county in which the respondent resides or transacts business, to 6
421421 ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 7
422422 final determination. 8
423423 (8) An application for reinstatement may be made to the board, which may, upon the 9
424424 affirmative vote of at least the majority of its members, grant a reinstatement. 10
425425 5-48.2-8. Support personnel. 11
426426 (a) A speech-language pathology assistant (SLPA) for speech-language pathologists shall 12
427427 meet the following requirements: 13
428428 (1) Hold a bachelor’s degree from an accredited college or university and have successfully 14
429429 completed no less than eighteen (18) hours of graduate credit in the areas of speech-language 15
430430 pathology to include the following: 16
431431 (i) Normal processes in speech, language, and hearing three (3) hours; 17
432432 (ii) Disorders of speech, language, and hearing nine (9) hours; 18
433433 (iii) Equipment, materials, procedures, and data collection used in assessment and/or 19
434434 management of speech, language, and hearing disorders six (6) hours; and 20
435435 (iv) Completion of twenty-five percent (25%) of those practicum hours required for 21
436436 professional personnel by the American Speech-Language-Hearing Association. 22
437437 (2) A speech-language pathology assistant (SLPA) shall be registered licensed at the 23
438438 department and be required to re-register renew the license every two (2) years. 24
439439 (b) Support personnel for audiologists (audiometric aide) or audiology assistants must meet 25
440440 the following requirements: 26
441441 (1) Hold a high school diploma; 27
442442 (2) Receive intensive on-the-job training in accordance with the American Speech-28
443443 Language-Hearing Association (ASHA) or American Academy of Audiology (AAA) guidelines 29
444444 for support personnel by the supervising licensed audiologist prior to providing services. Any 30
445445 subsequent supervising licensed audiologist may require retraining of an audiometric aide or 31
446446 audiology assistant under the supervising licensed audiologist’s supervision. 32
447447 (3) Audiometric aides or audiology assistants shall be registered licensed at the department 33
448448 and be required to re-register renew the license every two (2) years. 34
449449
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452452 5-48.2-9. Supervision and responsibility. 1
453453 (a)(1) A supervising professional must be a speech-language pathologist or audiologist who 2
454454 is licensed under the act and this chapter; has attained and maintained their certificate of clinical 3
455455 competency and who has been actively working in the field for twenty-four (24) months after 4
456456 completion of the postgraduate professional experience; and must be responsible for the acts and 5
457457 performances, patient screening, and specific tasks assigned by the licensee to the speech-language 6
458458 pathology assistant (SLPA)/audiometric aide or audiology assistant. 7
459459 (2) A licensee who supervises support personnel must: 8
460460 (i) Utilize the services of only those who meet the minimum requirements enumerated 9
461461 under this chapter; 10
462462 (ii) Ensure that the support personnel are assigned only those duties and responsibilities for 11
463463 which the person has been specifically trained and which the assistant is qualified to perform; 12
464464 (iii) Ensure that persons who will be receiving services from support personnel, or the 13
465465 person’s legal representative, are informed that services are being rendered by support personnel; 14
466466 (iv) Provide supervision of the support personnel (other than newborn hearing screeners 15
467467 and school hearing screeners); and 16
468468 (v) Complete a minimum of two (2) hours of professional development in clinical 17
469469 instruction/supervision. 18
470470 (b) A speech-language pathologist supervisor may only supervise one full-time equivalent 19
471471 speech-language pathology assistant (SLPA) support personnel and an audiologist supervisor may 20
472472 only supervise three (3) full-time equivalent audiometric aides or audiology assistants unless 21
473473 otherwise approved by the board. 22
474474 (c) Observations of support audiometric aides must be completed and documented as to 23
475475 date, amount of time, and accuracy and efficacy of service according to the following: Direct on-24
476476 site observations of the first ten (10) hours of direct client contact; and five percent (5%) of all 25
477477 clinical sessions after the first ten (10) hours for every forty (40) consecutive hours worked; and 26
478478 indirect supervision (e.g., home, interactive television, audio/video review, or patient record 27
479479 review) of five percent (5%) of each forty (40) consecutive hours worked. 28
480480 5-48.2-13. Rules governing practices and procedures. 29
481481 All hearings and reviews required under the provisions of the act this chapter shall be held 30
482482 in accordance with the provisions of the rules and regulations regarding practices and procedures 31
483483 before the department of health. 32
484484 SECTION 3. Chapter 5-48.2 of the General Laws entitled "Professional Licensing and 33
485485 Regulation of Speech-Language Pathologists and Audiologists" is hereby amended by adding 34
486486
487487
488488 LC001414 - Page 14 of 31
489489 thereto the following sections: 1
490490 5-48.2-14. Board of examiners -- Composition -- Appointments, terms, and 2
491491 qualifications of members. 3
492492 (a) There exists within the department of health a board of examiners of speech-language 4
493493 pathology and audiology. The board shall consist of five (5) persons who are residents of the state 5
494494 and who have worked within the state for at least one year prior to their appointments. 6
495495 (1) Two (2) members shall be speech-language pathologists who have practiced speech-7
496496 language pathology for at least five (5) years preceding appointment, are currently practicing 8
497497 speech-language pathology, and hold active and valid licensure for the practice of speech-language 9
498498 pathology in this state. 10
499499 (2) One member shall be an audiologist who has practiced audiology for at least five (5) 11
500500 years immediately preceding appointment, is currently practicing audiology, and holds active and 12
501501 valid licensure for the practice of audiology in this state. 13
502502 (3) One member shall be an otolaryngologist who holds certification by the American 14
503503 Academy of Otolaryngology -- head and neck surgery, who is currently practicing otolaryngology, 15
504504 and holds active and valid licensure as a physician within this state. 16
505505 (4) One member shall be a representative of the consumer public who is not associated 17
506506 with or financially interested in the practice or business of speech-language pathology or audiology. 18
507507 (b) All appointments to the board shall be for the term of three (3) years. Members shall 19
508508 serve until the expiration of the term for which they have been appointed or until their appointed 20
509509 successors are qualified. 21
510510 (c) When a vacancy upon the board occurs, the director of the department of health shall, 22
511511 with the approval of the governor, appoint persons who are working within the state to fill the 23
512512 remainder of the vacant term. 24
513513 (d) The board shall reorganize annually during the month of January and shall select a 25
514514 chairperson. 26
515515 (e) A majority of currently filled positions shall constitute a quorum to do business. 27
516516 (f) No person shall be appointed to serve more than two (2) consecutive terms. 28
517517 (g) The first board and all future members shall be appointed by the director of the 29
518518 department of health, with the approval of the governor. 30
519519 (h) The director of the department of health, with the approval of the governor, may remove 31
520520 any member of the board for dishonorable conduct, incompetency, or neglect of duty. 32
521521 5-48.2-15. Board of examiners -- Duties and powers -- Meetings -- Compensation of 33
522522 members. 34
523523
524524
525525 LC001414 - Page 15 of 31
526526 (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 1
527527 evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 2
528528 administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 3
529529 chapter and impose penalties if any violations of the chapter have occurred. 4
530530 (b) The board shall conduct hearings and keep records and minutes as necessary to an 5
531531 orderly dispatch of business. 6
532532 (c) The board shall, with the approval of the director of the department of health, adopt, 7
533533 amend, or repeal rules and regulations including, but not limited to, regulations that delineate 8
534534 qualifications for licensure and establish standards of professional conduct. Following their 9
535535 adoption, the rules and regulations shall govern and control the professional conduct of every 10
536536 person who holds a license to practice speech-language pathology or audiology in this state. 11
537537 (d) The board shall make available complete lists of the names and addresses of all licensed 12
538538 speech-language pathologists and audiologists. 13
539539 (e) The board may request legal advice and assistance from the appropriate state legal 14
540540 officer. 15
541541 (f) Regular meetings of the board shall be held at the times and places that it prescribes, 16
542542 and special meetings may be held upon the call of the chairperson; provided that, at least one regular 17
543543 meeting shall be held each year. 18
544544 (g) The conferral or enumeration of specific powers in this chapter shall not be construed 19
545545 as a limitation of the general powers conferred by this section. No member of the board shall be 20
546546 liable to civil action for any act performed in good faith in the performance of their duties as 21
547547 prescribed by this chapter. 22
548548 (h) Board members shall serve without compensation. 23
549549 (i) The board may deny, revoke, or suspend licenses or discipline licensees in accordance 24
550550 with the provisions of this chapter subject to the approval of the director. 25
551551 5-48.2-16. Receipts. 26
552552 The proceeds of any fees collected pursuant to the provisions of this chapter shall be 27
553553 deposited as general revenues. 28
554554 5-48.2-17. Qualifications for provisional licensure. 29
555555 (a) To be eligible for provisional licensure by the board, the speech-language pathologist 30
556556 applicant must submit an application with the required application fee and be in compliance with 31
557557 the requirements of § 5-48.2-7(a)(1), (4), (5), and (8). 32
558558 (b) In addition to the requirements of subsection (a) of this section, content of the 33
559559 supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 34
560560
561561
562562 LC001414 - Page 16 of 31
563563 speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 1
564564 other national accrediting association as may be approved by the board. 2
565565 (c) If the postgraduate professional experience extends beyond one-year, provisional 3
566566 licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 4
567567 professional experience. 5
568568 (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 6
569569 professional experience. 7
570570 5-48.2-18. Qualifications for licensure as an audiologist. 8
571571 Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 9
572572 the following requirements: 10
573573 (1) Be of good moral character; 11
574574 (2) Apply to the board, upon a form prescribed by the board; 12
575575 (3) Submit the appropriate application fee; 13
576576 (4) Submit an official transcript indicating possession of an earned doctorate degree in 14
577577 audiology from a regionally accredited educational institution as delineated in the rules and 15
578578 regulations; 16
579579 (5) Pass a national examination in audiology approved by the board and delineated in the 17
580580 rules and regulations; 18
581581 (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 19
582582 (12) months of full-time, supervised experience, that may be completed as part of the graduate 20
583583 degree, as delineated in the rules and regulations; 21
584584 (7) If applicable, present evidence from the board of audiology in each state in which the 22
585585 applicant has held or holds licensure to be submitted to the board of this state, attesting to the 23
586586 licensure status of the applicant during the time period the applicant held licensure in the state; 24
587587 (8) Any other requirements as set forth in the rules and regulations. 25
588588 (9) Applicants with a master’s degree holding licensure from another state must present 26
589589 verification of a Certificate of Clinical Competence from the American Academy of Audiology 27
590590 (AAA) or other national accrediting association as may be approved by the board. 28
591591 (10) Qualifications for audiologists licensed in alternate jurisdictions. Persons licensed as 29
592592 an audiologist in alternate jurisdictions on or before January 1, 2008, shall meet the requirements 30
593593 of Rhode Island that were in effect at the time of initial licensure in the alternate jurisdiction. 31
594594 SECTION 4. Section 5-48.2-2 of the General Laws in Chapter 5-48.2 entitled "Professional 32
595595 Licensing and Regulation of Speech-Language Pathologists and Audiologists" is hereby repealed. 33
596596 5-48.2-2. Incorporated materials. 34
597597
598598
599599 LC001414 - Page 17 of 31
600600 This chapter hereby adopts and incorporates the American Speech-Language-Hearing 1
601601 Association’s “American Speech-Language-Hearing Association Code of Ethics” (2016) by 2
602602 reference, not including any further editions or amendments thereof and only to the extent that the 3
603603 provisions therein are not inconsistent with these regulations. 4
604604 SECTION 5. Section 5-95-9 of the General Laws in Chapter 5-95 entitled "Licensing of 5
605605 Massage Therapists" is hereby amended to read as follows: 6
606606 5-95-9. Licensing — Qualifications for licensure (initial and endorsement); Issuance 7
607607 or denial of license. 8
608608 (a) Every person desiring to begin the practice of massage therapy, except persons with 9
609609 special provisions as provided in this chapter, shall present satisfactory evidence to the division of 10
610610 professional regulation of the department that the person: 11
611611 (1) Is over eighteen (18) years of age; 12
612612 (2) Has submitted to a national criminal background check in accordance with this chapter; 13
613613 (3) Effective January 1, 2025: 14
614614 (i) For an applicant for licensure pursuing a first massage therapist license: 15
615615 Has successfully completed an approved massage therapy education program, meeting the 16
616616 minimum requirements established by the board, including at least eight hundred (800) hours of 17
617617 supervised in-class, hands-on coursework and clinical work, and has successfully completed an 18
618618 approved massage therapy education program, meeting the minimum requirements established by 19
619619 the board including at least six hundred fifty (650) hours of supervised in-class, hands-on 20
620620 coursework and clinical work prior to December 31, 2024 2025; 21
621621 (ii) For an applicant for licensure by endorsement, holding a massage therapist license in 22
622622 another state: 23
623623 Has successfully completed a massage therapy education program that meets the approved 24
624624 massage therapy education program definition in § 5-95-3, including eight hundred (800) hours of 25
625625 supervised in-class, hands-on coursework and clinical work or its equivalent. 26
626626 (iii) Hour equivalents may be granted in the following manner: 27
627627 (A) Each fifty (50) to sixty (60) minutes obtained from a course of study in massage therapy 28
628628 equals one hour; 29
629629 (B) Each one semester credit hour of massage therapy-related college/university study 30
630630 equals fifteen (15) hours; 31
631631 (C) Each year of full-time practice as a massage therapist equals one hundred (100) hours; 32
632632 (D) Up to one hundred (100) hours may be granted for completion of continuing education 33
633633 programs related to the massage therapy scope of practice described in § 5-95-4; and 34
634634
635635
636636 LC001414 - Page 18 of 31
637637 (4) Has successfully completed an examination approved by the board. Any examination 1
638638 approved by the board must meet generally recognized standards including development through 2
639639 the use of a job-task analysis and must meet appropriate psychometric standards. 3
640640 (b) The department may grant a license to any applicant who has satisfied the requirements 4
641641 of subsection (a) of this section, has completed all appropriate forms, paid all appropriate fees, and 5
642642 has met substantially equivalent standards in obtaining a valid license, permit, certificate, or 6
643643 registration issued by any other state or territory of the United States or by a foreign country. 7
644644 (c) The department shall, within sixty (60) days from the time any application for a license 8
645645 is received, grant the application and issue a license to practice massage therapy for the remaining 9
646646 two-year (2) cycle from that date if the department is satisfied that the applicant complies with the 10
647647 rules and regulations promulgated in accordance with this chapter. An applicant, whose national 11
648648 criminal background check reveals a conviction for any sexual offense, including, but not limited 12
649649 to, those offenses defined in chapters 34 and 37 of title 11, shall be denied a license under this 13
650650 chapter. 14
651651 (d) The fee for original application for licensure as a massage therapist and the fee for 15
652652 annual license renewal every two (2) years shall be determined by the department. 16
653653 (e) Any person applying for a license under this chapter shall undergo a national criminal 17
654654 background check. Such persons shall apply to the bureau of criminal identification of the state 18
655655 police or local police department for a national criminal background check. Fingerprinting shall be 19
656656 required. Upon the discovery of any disqualifying information as defined in subsection (f) of this 20
657657 section, the bureau of criminal identification of the state police or the local police department shall 21
658658 inform the applicant, in writing, of the nature of the disqualifying information and, without 22
659659 disclosing the nature of the disqualifying information, shall notify the board, in writing, that 23
660660 disqualifying information has been found. In those situations in which no disqualifying information 24
661661 has been found, the bureau of criminal identification shall inform the applicant and the board in 25
662662 writing of this fact. An applicant against whom disqualifying information has been found may 26
663663 request that a copy of the national criminal background report be sent to the board, which shall 27
664664 make a judgment regarding the licensure of the applicant. The applicant shall be responsible for 28
665665 payment of the costs of the national criminal background check. 29
666666 (f) “Disqualifying information” means those offenses, including, but not limited to, those 30
667667 defined in chapters 34, 34.1, and 37 of title 11, and § 23-17-37. 31
668668 (g) Notwithstanding the provisions of this section, any city or town may, by ordinance, 32
669669 regulate the opening, the presence, the location, and the operation of any bodyworks business or 33
670670 any business providing bodyworks services. Provided, however, no ordinance may impose 34
671671
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673673 LC001414 - Page 19 of 31
674674 additional qualifications beyond those adopted by the department pursuant to this chapter 1
675675 respecting national criminal background checks for persons applying for a license. 2
676676 SECTION 6. Chapter 5-48 of the General Laws entitled "Speech-Language Pathology and 3
677677 Audiology" is hereby repealed in its entirety. 4
678678 CHAPTER 5-48 5
679679 Speech-Language Pathology and Audiology 6
680680 5-48-1. Purpose and legislative intent — Definitions. 7
681681 (a) It is declared to be a policy of this state that the practice of speech-language pathology 8
682682 and audiology is a privilege granted to qualified persons and that, in order to safeguard the public 9
683683 health, safety, and welfare; protect the public from being misled by incompetent, unscrupulous, and 10
684684 unauthorized persons; and protect the public from unprofessional conduct by qualified speech-11
685685 language pathologists and audiologists, it is necessary to provide regulatory authority over persons 12
686686 offering speech-language pathology and audiology services to the public. 13
687687 (b) The following words and terms when used in this chapter have the following meaning 14
688688 unless otherwise indicated within the context: 15
689689 (1) “Audiologist” means an individual licensed by the board to practice audiology. 16
690690 (2) “Audiology” means the application of principles, methods, and procedures related to 17
691691 hearing and the disorders of the hearing and balance systems, to related language and speech 18
692692 disorders, and to aberrant behavior related to hearing loss. A hearing disorder in an individual is 19
693693 defined as altered sensitivity, acuity, function, processing, or damage to the integrity of the 20
694694 physiological auditory/vestibular systems. 21
695695 (3) “Board” means the state board of examiners of speech-language pathology and 22
696696 audiology. 23
697697 (4) “Clinical fellow” means the person who is practicing speech-language pathology under 24
698698 the supervision of a licensed speech-language pathologist while completing the postgraduate 25
699699 professional experience as required by this chapter. 26
700700 (5) “Department” means the Rhode Island department of health. 27
701701 (6) “Director” means the director of the Rhode Island department of health. 28
702702 (7) “Person” means an individual, partnership, organization, or corporation, except that 29
703703 only individuals can be licensed under this chapter. 30
704704 (8)(i) “Practice of audiology” means rendering or offering to render any service in 31
705705 audiology, including prevention, screening, and identification, evaluation, habilitation, 32
706706 rehabilitation; participating in environmental and occupational hearing-conservation programs, and 33
707707 habilitation and rehabilitation programs including hearing aid and assistive-listening-device 34
708708
709709
710710 LC001414 - Page 20 of 31
711711 evaluation, prescription, preparation, dispensing, and/or selling and orientation; auditory training 1
712712 and speech reading; conducting and interpreting tests of vestibular function and nystagmus; 2
713713 conducting and interpreting electrophysiological measures of the auditory pathway; cerumen 3
714714 management; evaluating sound environment and equipment; calibrating instruments used in testing 4
715715 and supplementing auditory function; and planning, directing, conducting, or supervising programs 5
716716 that render or offer to render any service in audiology. 6
717717 (ii) The practice of audiology may include speech and/or language screening to a pass or 7
718718 fail determination, for the purpose of initial identification of individuals with other disorders of 8
719719 communication. 9
720720 (iii) A practice is deemed to be the “practice of audiology” if services are offered under 10
721721 any title incorporating such word as “audiology,” “audiologist,” “audiometry,” “audiometrist,” 11
722722 “audiological,” “audiometrics,” “hearing therapy,” “hearing therapist,” “hearing clinic,” “hearing 12
723723 clinician,” “hearing conservation,” “hearing conservationist,” “hearing center,” “hearing aid 13
724724 audiologist,” or any similar title or description of services. 14
725725 (9)(i) “Practice of speech-language pathology” means rendering or offering to render any 15
726726 service in speech-language pathology including prevention, identification, evaluation, consultation, 16
727727 habilitation, rehabilitation; determining the need for augmentative communication systems, 17
728728 dispensing and selling these systems, and providing training in the use of these systems; and 18
729729 planning, directing, conducting, or supervising programs that render or offer to render any service 19
730730 in speech-language pathology. 20
731731 (ii) The practice of speech-language pathology may include nondiagnostic pure-tone air 21
732732 conduction screening, screening tympanometry, and acoustic reflex screening, limited to a pass or 22
733733 fail determination, for the purpose of performing a speech and language evaluation or for the initial 23
734734 identification of individuals with other disorders of communication. 24
735735 (iii) The practice of speech-language pathology also may include aural rehabilitation, 25
736736 which is defined as services and procedures for facilitating adequate receptive and expressive 26
737737 communication in individuals with hearing impairment. 27
738738 (iv) A practice is deemed to be the “practice of speech-language pathology” if services are 28
739739 offered under any title incorporating such words as “speech pathology,” “speech pathologist,” 29
740740 “speech therapy,” “speech therapist,” “speech correction,” “speech correctionist,” “speech clinic,” 30
741741 “speech clinician,” “language pathology,” “language pathologist,” “voice therapy,” “voice 31
742742 therapist,” “voice pathology,” “voice pathologist,” “logopedics,” “logopedist,” “communicology,” 32
743743 “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any similar title or 33
744744 description of services. 34
745745
746746
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748748 (10) “Regionally accredited” means the official guarantee that a college or university or 1
749749 other educational institution is in conformity with the standards of education prescribed by a 2
750750 regional accrediting commission recognized by the United States Secretary of Education. 3
751751 (11) “Speech-language pathologist” means an individual who is licensed by the board to 4
752752 practice speech-language pathology. 5
753753 (12) “Speech-language pathology” means the application of principles, methods, and 6
754754 procedures for prevention, identification, evaluation, consultation, habilitation, rehabilitation, 7
755755 instruction, and research related to the development and disorders of human communication. 8
756756 Disorders are defined to include any and all conditions, whether of organic or non-organic origin, 9
757757 that impede the normal process of human communication in individuals or groups of individuals 10
758758 who have or are suspected of having these conditions, including, but not limited to, disorders and 11
759759 related disorders of: 12
760760 (i) Speech: articulation, fluency, voice (including respiration, phonation and resonance); 13
761761 (ii) Language (involving the parameters of phonology, morphology, syntax, semantics, and 14
762762 pragmatics; and including disorders of receptive and expressive communication in oral, written, 15
763763 graphic, and manual modalities); 16
764764 (iii) Oral, pharyngeal, laryngeal, cervical esophageal, and related functions (e.g., 17
765765 dysphasia, including disorders of swallowing and oral function for feeding; oro-facial 18
766766 myofunctional disorders); 19
767767 (iv) Cognitive aspects of communication (including communication disability and other 20
768768 functional disabilities associated with cognitive impairment); and 21
769769 (v) Social aspects of communication (including challenging behavior, ineffective social 22
770770 skills, lack of communication opportunities). 23
771771 5-48-2. Board of examiners — Composition — Appointments, terms, and 24
772772 qualifications of members. 25
773773 (a) There exists within the department of health a board of examiners of speech-language 26
774774 pathology and audiology. The board shall consist of five (5) persons who are residents of the state 27
775775 and who have worked within the state for at least one year prior to their appointments. 28
776776 (1) Two (2) members shall be speech-language pathologists who have practiced speech-29
777777 language pathology for at least five (5) years preceding appointment, are currently practicing 30
778778 speech-language pathology, and hold active and valid licensure for the practice of speech-language 31
779779 pathology in this state. 32
780780 (2) One member shall be an audiologist who has practiced audiology for at least five (5) 33
781781 years immediately preceding appointment, is currently practicing audiology, and holds active and 34
782782
783783
784784 LC001414 - Page 22 of 31
785785 valid licensure for the practice of audiology in this state. 1
786786 (3) One member shall be an otolaryngologist who holds certification by the American 2
787787 Academy of Otolaryngology — head and neck surgery, who is currently practicing otolaryngology, 3
788788 and holds active and valid licensure as a physician within this state. 4
789789 (4) One member shall be a representative of the consumer public who is not associated 5
790790 with or financially interested in the practice or business of speech-language pathology or audiology. 6
791791 (b) All appointments to the board shall be for the term of three (3) years. Members shall 7
792792 serve until the expiration of the term for which they have been appointed or until their appointed 8
793793 successors are qualified. 9
794794 (c) When a vacancy upon the board occurs, the director of the department of health shall, 10
795795 with the approval of the governor, appoint persons who are working within the state to fill the 11
796796 remainder of the vacant term. 12
797797 (d) The board shall reorganize annually during the month of January and shall select a 13
798798 chairperson. 14
799799 (e) A majority of currently filled positions shall constitute a quorum to do business. 15
800800 (f) No person shall be appointed to serve more than two (2) consecutive terms. 16
801801 (g) The first board and all future members shall be appointed by the director of the 17
802802 department of health, with the approval of the governor. 18
803803 (h) The director of the department of health, with the approval of the governor, may remove 19
804804 any member of the board for dishonorable conduct, incompetency, or neglect of duty. 20
805805 5-48-3. Board of examiners — Duties and powers — Meetings — Compensation of 21
806806 members. 22
807807 (a) The board shall administer, coordinate, and enforce the provisions of this chapter; 23
808808 evaluate the qualifications of applicants; and may issue subpoenas, examine witnesses, and 24
809809 administer oaths, conduct hearings, and at its discretion investigate allegations of violations of this 25
810810 chapter and impose penalties if any violations of the chapter have occurred. 26
811811 (b) The board shall conduct hearings and keep records and minutes as necessary to an 27
812812 orderly dispatch of business. 28
813813 (c) The board shall, with the approval of the director of the department of health, adopt, 29
814814 amend, or repeal rules and regulations, including, but not limited to, regulations that delineate 30
815815 qualifications for licensure and establish standards of professional conduct. Following their 31
816816 adoption, the rules and regulations shall govern and control the professional conduct of every 32
817817 person who holds a license to practice speech-language pathology or audiology in this state. 33
818818 (d) The board shall make available complete lists of the names and addresses of all licensed 34
819819
820820
821821 LC001414 - Page 23 of 31
822822 speech-language pathologists and audiologists. 1
823823 (e) The board may request legal advice and assistance from the appropriate state legal 2
824824 officer. 3
825825 (f) Regular meetings of the board shall be held at the times and places that it prescribes, 4
826826 and special meetings may be held upon the call of the chairperson; provided, that at least one regular 5
827827 meeting shall be held each year. 6
828828 (g) The conferral or enumeration of specific powers in this chapter shall not be construed 7
829829 as a limitation of the general powers conferred by this section. No member of the board shall be 8
830830 liable to civil action for any act performed in good faith in the performance of his or her duties as 9
831831 prescribed by this chapter. 10
832832 (h) Board members shall serve without compensation. 11
833833 (i) The board may suspend the authority of any registered speech-language pathologist or 12
834834 audiologist to practice speech-language pathology or audiology for failure to comply with any of 13
835835 the requirements of this chapter. 14
836836 5-48-4. Board examiners — Seal — Authentication of records. 15
837837 The board shall adopt the state seal by which it authenticates its proceedings. Copies of the 16
838838 proceedings, records, and acts of the board, and certificates purporting to relate the facts concerning 17
839839 those proceedings, records, and acts, signed by the secretary and authenticated by that seal, shall 18
840840 be evidence in all courts of this state. 19
841841 5-48-5. Receipts. 20
842842 The proceeds of any fees collected pursuant to the provisions of this chapter shall be 21
843843 deposited as general revenues. 22
844844 5-48-6. Licensure and regulation of speech-language pathologists and audiologists. 23
845845 (a) Licensure shall be granted in either speech-language pathology or audiology 24
846846 independently. A person may be licensed in both areas if he or she meets the respective 25
847847 qualifications. 26
848848 (b) No person shall practice as, advertise as, or use the title of speech pathologist or 27
849849 audiologist as defined in § 5-48-1 in this state unless he or she is licensed in accordance with the 28
850850 provisions of the laws of the state. 29
851851 (c) Registered speech-language pathologists or audiologists may render services under the 30
852852 terms and provisions of the workers’ compensation and rehabilitation laws. 31
853853 (d) A provisional license for the clinical fellow (defined in § 5-48-1(b)(4)) shall be required 32
854854 in speech-language pathology for that period of postgraduate professional experience as required 33
855855 in § 5-48-7.1. A provisional license shall authorize an individual to practice speech-language 34
856856
857857
858858 LC001414 - Page 24 of 31
859859 pathology solely in connection with the completion of the supervised postgraduate professional 1
860860 experience. 2
861861 5-48-7. Qualifications of applicants for a license as a speech-language pathologist. 3
862862 To be eligible for licensure by the board as a speech-language pathologist the applicant 4
863863 must: 5
864864 (1) Be of good moral character; 6
865865 (2) Apply to the department, upon a form prescribed by the department; 7
866866 (3) Submit the appropriate application fee; 8
867867 (4) Submit an official transcript indicating possession of a master’s degree or a doctorate 9
868868 degree or equivalent in speech-language pathology from an educational institution accredited by 10
869869 the Council on Academic Accreditation (CAA) of the American Speech-Language-Hearing 11
870870 Association (ASHA) or other national accrediting association as may be approved by the board. 12
871871 The degree shall consist of course work in accordance with the current, minimum requirements for 13
872872 the certificate of clinical competence issued by the American Speech-Language-Hearing 14
873873 Association (ASHA) or other national accrediting association as may be approved by the board and 15
874874 delineated in the rules and regulations; 16
875875 (5) Complete supervised clinical-practicum experiences from an educational institution or 17
876876 its cooperating programs. The content of the practicum shall be in accordance with the current, 18
877877 minimum requirements for the certificate of clinical competence issued by the American Speech-19
878878 Language-Hearing Association (ASHA) or other national accrediting association as may be 20
879879 approved by the board and delineated in the rules and regulations; 21
880880 (6) Pass a national examination in speech-language pathology as required by the American 22
881881 Speech-Language-Hearing Association (ASHA) or other national accrediting association as may 23
882882 be approved by the board and delineated in the rules and regulations; 24
883883 (7) Present verification of a certificate of clinical competence from the American Speech-25
884884 Language-Hearing Association (ASHA) or other national accrediting association as may be 26
885885 approved by the board; and 27
886886 (8) If applicable, present evidence from the board of speech-language pathology in each 28
887887 state in which the applicant has held or holds licensure to be submitted to the board of this state, 29
888888 attesting to the licensure status of the applicant during the time period the applicant held licensure 30
889889 in the state. 31
890890 5-48-7.1. Qualifications for a provisional license for a speech-language pathologist. 32
891891 (a) To be eligible for provisional licensure by the board, the speech-language pathologist 33
892892 applicant must submit an application with the required application fee and be in compliance with 34
893893
894894
895895 LC001414 - Page 25 of 31
896896 the requirements of § 5-48-7(1), (4), (5), and (6). 1
897897 (b) In addition to the requirements of subsection (a) of this section, content of the 2
898898 supervised postgraduate professional experience shall meet the standards of a trainee or fellow of 3
899899 speech pathology as required by the American Speech-Language-Hearing Association (ASHA) or 4
900900 other national accrediting association as may be approved by the board. 5
901901 (c) If the postgraduate professional experience extends beyond one year, provisional 6
902902 licensure must be renewed annually and not exceed thirty-six (36) months past the initiation of the 7
903903 professional experience. 8
904904 (d) The provisional licensure shall expire ninety (90) days after the end of the postgraduate 9
905905 professional experience. 10
906906 5-48-7.2. Qualifications for license as an audiologist. 11
907907 Persons seeking initial licensure as an audiologist on or after January 1, 2008, shall meet 12
908908 the following requirements: 13
909909 (1) Be of good moral character; 14
910910 (2) Apply to the board, upon a form prescribed by the board; 15
911911 (3) Submit the appropriate application fee; 16
912912 (4) Submit an official transcript indicating possession of an earned doctorate degree in 17
913913 audiology from a regionally accredited educational institution as delineated in the rules and 18
914914 regulations; 19
915915 (5) Pass a national examination in audiology approved by the board and delineated in the 20
916916 rules and regulations; 21
917917 (6) Present evidence of practicum experience that is equivalent to a minimum of twelve 22
918918 (12) months of full-time, supervised experience, that may be completed as part of the graduate 23
919919 degree, as delineated in the rules and regulations; 24
920920 (7) If applicable, present evidence from the board of audiology in each state in which the 25
921921 applicant has held or holds licensure to be submitted to the board of this state, attesting to the 26
922922 licensure status of the applicant during the time period the applicant held licensure in the state; 27
923923 (8) Any other requirements as set forth in the rules and regulations. 28
924924 5-48-7.3. Qualifications for audiologists licensed in alternate jurisdictions. 29
925925 Persons licensed as an audiologist in alternate jurisdictions on or before January 1, 2008, 30
926926 shall meet the requirements of this state that were in effect at the time of initial licensure in the 31
927927 alternate jurisdiction. 32
928928 5-48-8. [Repealed.] 33
929929 5-48-9. Fees — Late filing — Inactive status. 34
930930
931931
932932 LC001414 - Page 26 of 31
933933 (a) The board may charge an application fee; a biennial license renewal fee payable before 1
934934 July 1 of even years (biennially); or a provisional license renewal fee as set forth in § 23-1-54 2
935935 payable annually from the date of issue. 3
936936 (b) Any person who allows his or her license to lapse by failing to renew it on or before 4
937937 the thirtieth (30th) day of June of even years (biennially), may be reinstated by the board on 5
938938 payment of the current renewal fee plus an additional late filing fee as set forth in § 23-1-54. 6
939939 (c) An individual licensed as a speech-language pathologist or audiologist in this state, not 7
940940 in the active practice of speech-language pathology or audiology within this state during any year, 8
941941 may upon request to the board, have his or her name transferred to an inactive status and shall not 9
942942 be required to register biennially or pay any fee as long as he or she remains inactive. Inactive status 10
943943 may be maintained for no longer than two (2) consecutive licensing periods, after which period 11
944944 licensure shall be terminated and reapplication to the board shall be required to resume practice. 12
945945 (d) Any individual whose name has been transferred to an inactive status may be restored 13
946946 to active status within two (2) licensing periods without a penalty fee upon the filing of: 14
947947 (1) An application for licensure renewal, with a licensure renewal fee as set forth in § 23-15
948948 1-54 made payable by check to the general treasurer of the state of Rhode Island; and 16
949949 (2) Any other information that the board may request. 17
950950 (e) [Deleted by P.L. 2015, ch. 141, art. 20, § 9]. 18
951951 5-48-9.1. Continuing education. 19
952952 (a)(1) On or before the thirtieth (30th) day of June of even years, every person licensed to 20
953953 practice speech-language pathology or audiology within this state shall complete not less than 21
954954 twenty (20) clock hours of continuing education within the preceding two (2) years and be able to 22
955955 present satisfactory evidence of completion to the board. 23
956956 (2) Those persons holding licensure in both speech-language pathology and audiology must 24
957957 have completed and have evidence of completion of not less than thirty (30) clock hours of 25
958958 continuing education within the preceding two (2) years. 26
959959 (b) Continuing education hours may not be carried over from one renewal period to the 27
960960 next. 28
961961 (c) The board at its discretion may extend, reduce, or waive the requirement for continuing 29
962962 education for hardship or other extenuating circumstances as the board deems appropriate. 30
963963 5-48-10. Persons and practices exempted. 31
964964 The provisions of this chapter do not apply to: 32
965965 (1) A qualified person licensed, registered, certified, or credentialed in this state under any 33
966966 other law who is practicing the profession or business for which he or she is licensed, registered, 34
967967
968968
969969 LC001414 - Page 27 of 31
970970 certified, or credentialed, in the setting for which the licensure, registration, certification, or 1
971971 credential pertains and performs services within their authorized scope of practice. 2
972972 (2) This chapter specifically excludes those persons who commercially fit and sell hearing 3
973973 aids; provided, that those persons do not receive a separate or additional fee for testing or 4
974974 interpreting tests of hearing; and provided, that those persons do not represent themselves as 5
975975 audiologists as defined in this chapter. This subsection does not preclude remuneration for any 6
976976 other service offered solely in conjunction with the fitting or maintaining of a hearing aid. 7
977977 (3) No one shall be exempt under subsection (1) for that portion of his or her time spent as 8
978978 a private practitioner. If he or she performs any work as a speech-language pathologist or 9
979979 audiologist for which a fee may be paid by the recipient of the service as part of a private practice 10
980980 apart from his or her position with the government, a license must be held. 11
981981 5-48-11. Grounds for suspension or revocation of licenses. 12
982982 The license of any speech-language pathologist or audiologist may be suspended or 13
983983 revoked by the board upon proof that he or she: 14
984984 (1) Fraudulently or deceptively obtained or attempted to obtain a license for the applicant, 15
985985 licensee, holder, or for another; 16
986986 (2) Fraudulently or deceptively used a license; 17
987987 (3) Altered a license; 18
988988 (4) Aided or abetted unlicensed practice; 19
989989 (5) Committed fraud and deceit in the practice of speech-language pathology or of 20
990990 audiology, including, but not limited to: 21
991991 (i) Using or promoting, or causing the use of, any misleading, deceiving, or untruthful 22
992992 advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, 23
993993 or any other representation; 24
994994 (ii) Falsely representing the use or availability of services or advice of a physician; 25
995995 (iii) Misrepresenting the applicant, licensee, or holder by using the word “doctor” or any 26
996996 similar word, abbreviation, or symbol, if the use is not accurate or if the degree was not obtained 27
997997 from an accredited institution; 28
998998 (iv) Making or filing a false report or record in the practice of speech-language pathology 29
999999 or audiology; 30
10001000 (v) Submitting a false statement to collect a fee; and 31
10011001 (vi) Obtaining a fee through fraud or misrepresentation; 32
10021002 (6) Providing services while mentally incompetent; 33
10031003 (7) Engaging in illegal, incompetent, or habitually negligent practice; 34
10041004
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10071007 (8) Providing professional services while: 1
10081008 (i) Under the influence of alcohol; or 2
10091009 (ii) Using any narcotic or controlled dangerous substance or other drug that is in excess of 3
10101010 therapeutic amounts or without valid medical indication; 4
10111011 (9) Promoting the sale of devices, appliances, or products to a patient who cannot benefit 5
10121012 from these devices, appliances, or products; 6
10131013 (10) Violating any provision of this chapter, any lawful order given, or rule or regulation 7
10141014 adopted by the board or departure from or failure to conform to the current standards of acceptable 8
10151015 prevailing practice and code of ethics of speech-language pathology or audiology; 9
10161016 (11) Being convicted of, or pleading guilty or nolo contendere to, a felony, whether or not 10
10171017 any appeal or another proceeding is pending to have the conviction or plea set aside; 11
10181018 (12) Incompetent or negligent misconduct in the practice of speech-language pathology or 12
10191019 audiology; 13
10201020 (13) Is habitually intemperate or is addicted to the use of habit-forming drugs; 14
10211021 (14) Being disciplined by a licensing or disciplinary authority of any other state or country, 15
10221022 or convicted or disciplined by a court of any state or country, for an act that would be grounds for 16
10231023 disciplinary action under this section; or 17
10241024 (15) Failing to maintain continuing education requirements. 18
10251025 5-48-12. Penalty for violations. 19
10261026 (a) The board is granted the authority to impose the following disciplinary actions in those 20
10271027 instances in which an applicant for a license or a licensee has been guilty of conduct that has 21
10281028 endangered, or is likely to endanger, the health, welfare, or safety of the public: 22
10291029 (1) Refuse to issue or renew a license. 23
10301030 (2) Issue a letter of reprimand or concern. 24
10311031 (3) Require restitution of fees. 25
10321032 (4) Impose probationary conditions. 26
10331033 (5) Suspend or revoke a license. 27
10341034 (b) Any person found to be in violation of any provision of this chapter, upon conviction, 28
10351035 shall be guilty of a misdemeanor and punished by a fine of not more than one thousand dollars 29
10361036 ($1,000). 30
10371037 5-48-13. Revocation and suspension procedure — Reinstatement. 31
10381038 (a)(1) Notice, in writing, of a contemplated revocation or suspension of a license, of this 32
10391039 particular cause, and of the date of a hearing, shall be sent by registered or certified mail to the 33
10401040 licensee at his or her last known address at least fifteen (15) days before the date of the hearing. 34
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10441044 (2) The individual against whom a charge is filed has the right to appear before the board 1
10451045 in person or by counsel, or both; may produce witnesses and evidence on his or her behalf; and 2
10461046 may question witnesses. 3
10471047 (3) No license shall be revoked or suspended without a hearing, but the nonappearance of 4
10481048 the licensee, after notice, shall not prevent a hearing. 5
10491049 (4) All matters upon which the decision is based shall be introduced in evidence at the 6
10501050 proceeding. 7
10511051 (5) The licensee shall be notified, in writing, of the board’s decision. 8
10521052 (6) The board may make any rules and regulations that it deems proper for the filing of 9
10531053 charges and the conduct of hearings. 10
10541054 (b) After issuing an order of revocation or suspension, the board may also file a petition in 11
10551055 equity in the superior court in a county in which the respondent resides or transacts business, to 12
10561056 ensure appropriate injunctive relief to expedite and secure the enforcement of its order, pending the 13
10571057 final determination. 14
10581058 (c) An application for reinstatement may be made to the board, which may, upon the 15
10591059 affirmative vote of at least the majority of its members, grant a reinstatement. 16
10601060 5-48-14. [Obsolete.] 17
10611061 5-48-15. Severability. 18
10621062 If any provision of this chapter or of any rule or regulation made under this chapter, or their 19
10631063 application to any person or circumstances, is held invalid by a court of competent jurisdiction, the 20
10641064 remainder of the chapter, rule, or regulation, and the application of that provision to other persons 21
10651065 or circumstances, shall not be affected. 22
10661066 SECTION 7. Section 46-13-18 of the General Laws in Chapter 46-13 entitled "Public 23
10671067 Drinking Water Supply" is hereby amended to read as follows: 24
10681068 46-13-18. Adoption of regulations. 25
10691069 (a) The director is hereby authorized to adopt regulations consistent with the provisions of 26
10701070 this chapter, the federal Safe Drinking Water Act, 42 U.S.C. § 300f et seq., and the federal 27
10711071 regulations adopted under that act. All new and existing public water supply systems subject to the 28
10721072 provisions of this chapter must comply with the provisions of this chapter and with all the 29
10731073 regulations adopted under this chapter in order to obtain and/or maintain approval by the director 30
10741074 as a public water supply system. The director is further authorized to establish by regulation a 31
10751075 schedule of fees for applications, approvals, and renewals required by this chapter. 32
10761076 (b)(1) Any community water system serving a population of ten thousand (10,000) or more 33
10771077 shall directly deliver a full copy of the consumer confidence report, which is required by the U.S. 34
10781078
10791079
10801080 LC001414 - Page 30 of 31
10811081 Environmental Protection Agency under the federal Safe Drinking Water Act, 42 U.S.C. § 300f et 1
10821082 seq., to each household within the water system’s service area that receives water from that system. 2
10831083 The method of delivery shall be determined by the water system, but can include delivery via either: 3
10841084 (i) Postal patron mailing; 4
10851085 (ii) A community newsletter that is directly delivered to each household; 5
10861086 (iii) A community calendar that is directly delivered to each household; or 6
10871087 (iv) Any other method that will directly reach each household within the water system’s 7
10881088 service area that receives water from that system. 8
10891089 (2) In the event that within the service area there are buildings with five (5) or more 9
10901090 residential units, the system will not be required to deliver directly to each of these units. Instead, 10
10911091 the water system shall mail multiple copies of the report to the building manager or other 11
10921092 appropriate individual, noting that the reports should be distributed to residents and/or posted in a 12
10931093 common area. Additionally, colleges and universities will be exempted from this requirement but 13
10941094 are still responsible for meeting all federal requirements. 14
10951095 (3) The department of health shall serve as the repository for all consumer confidence 15
10961096 reports and shall direct inquiries for copies of the report to the appropriate water system in order to 16
10971097 obtain a copy of the report. 17
10981098 SECTION 8. This act shall take effect upon passage. 18
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11051105 EXPLANATION
11061106 BY THE LEGISLATIVE COUNCIL
11071107 OF
11081108 A N A C T
11091109 RELATING TO BUSINESSES AND PROFESSIONS -- NURSES
11101110 ***
11111111 This act would make a series of amendments to several statutes regarding businesses and 1
11121112 professions to provide clarity or align with new federal requirements. 2
11131113 This act would take effect upon passage. 3
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