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H0247aa....................................................by STATE AFFAIRS
SPEECH/HEARING SERVICE ACT - Repeals and adds to existing law to set forth
provisions of the Speech and Hearing Service Practice Act; to provide a
short title; to provide a declaration of policy; to define terms; to
require licensure; to provide exemptions; to set forth provisions
applicable to the dealing and fitting of hearing aids; to set forth
provisions applicable to audiology, speech-language pathology, and hearing
aid dealers and fitters support personnel; speech-language pathology aides
and speech-language pathology assistants; to provide for the Speech and
Hearing Services Licensure Board; to set forth officer, meeting and
compensation provisions; to set forth powers and duties of the board; to
provide for disposition of receipts and expenses; to set forth
qualification for licensure for audiologists, speech-language pathologists,
speech-language pathologist aides, speech-language pathologist assistants
and hearing aid dealers and fitters; to provide for dual licensure; to set
forth exceptions to licensure requirements; to provide for provisional
permits; to provide for the denial of applications; to provide for renewal
and reinstatement of licenses; to require public display of licenses; to
provide for inactive licenses; to require the reporting of name and address
changes; to set forth grounds for disciplinary action and denial of
licensure; to set forth provisions applicable to investigations and
disciplinary actions; to provide for penalties; to provide judicial review;
and to prohibit certain practices and penalties.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Health/Wel
03/09 Rpt out - to Gen Ord
Rpt out amen - to engros
03/10 Rpt engros - 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 55-11-4
AYES -- Anderson, Andrus, Barraclough, Bastian, Bedke, Bell, Bilbao,
Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow,
Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Garrett, Hart(Jacobson), Henbest, Jaquet, Jones, Kemp, Lake,
LeFavour, Martinez, McGeachin, Miller, Mitchell, Moyle, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Rusche, Rydalch, Sayler,
Shepherd(2), Shirley, Skippen, Smith(24), Smylie, Snodgrass,
Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Bayer, Harwood, Loertscher, Mathews, McKague,
Nielsen, Sali, Schaefer, Shepherd(8), Wood
Absent and excused -- Black, Henderson, Roberts, Smith(30)
Floor Sponsor - Henbest
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Health/Wel
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 27-5-2, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Coiner, Corder, Darrington, Gannon, Goedde, Hill,
Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai, Marley, McGee,
McKenzie, Richardson, Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- Cameron, Davis, Geddes, Pearce, Sweet
Absent and excused -- Compton, Little, (District 21 seat vacant)
Floor Sponsor - Kelly
Title apvd - to House
03/24 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
04/05 Governor signed
Session Law Chapter 277
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 247
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SPEECH AND HEARING SERVICES; REPEALING CHAPTER 29, TITLE 54, IDAHO
3 CODE, RELATING TO HEARING AID DEALERS AND FITTERS; AMENDING TITLE 54,
4 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 29, TITLE 54, IDAHO CODE, TO
5 SET FORTH THE SPEECH AND HEARING SERVICES PRACTICE ACT, TO PROVIDE A SHORT
6 TITLE, TO PROVIDE A DECLARATION OF POLICY, TO DEFINE TERMS, TO REQUIRE
7 LICENSURE, TO PROVIDE EXEMPTIONS, TO SET FORTH PROVISIONS APPLICABLE TO
8 DEALING AND FITTING OF HEARING AIDS, TO SET FORTH PROVISIONS APPLICABLE TO
9 AUDIOLOGY, SPEECH-LANGUAGE PATHOLOGY, AND HEARING AID DEALERS AND FITTERS
10 SUPPORT PERSONNEL, TO SET FORTH PROVISIONS APPLICABLE TO SPEECH-LANGUAGE
11 PATHOLOGY AIDES AND SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR
12 THE SPEECH AND HEARING SERVICES LICENSURE BOARD, TO SET FORTH OFFICER,
13 MEETING AND COMPENSATION PROVISIONS APPLICABLE TO THE BOARD, TO SET FORTH
14 POWERS AND DUTIES OF THE BOARD, TO PROVIDE FOR DISPOSITION OF RECEIPTS AND
15 EXPENSES, TO SET FORTH QUALIFICATIONS FOR LICENSURE FOR AUDIOLOGISTS,
16 SPEECH-LANGUAGE PATHOLOGISTS, SPEECH-LANGUAGE PATHOLOGIST AIDES, SPEECH-
17 LANGUAGE PATHOLOGIST ASSISTANTS AND HEARING AID DEALERS AND FITTERS, TO
18 PROVIDE FOR DUAL LICENSURE, TO SET FORTH EXCEPTIONS TO LICENSURE REQUIRE-
19 MENTS, TO PROVIDE FOR PROVISIONAL PERMITS, TO PROVIDE FOR THE DENIAL OF
20 APPLICATIONS, TO PROVIDE FOR RENEWAL AND REINSTATEMENT OF LICENSES, TO
21 REQUIRE PUBLIC DISPLAY OF LICENSES, TO PROVIDE FOR INACTIVE LICENSES, TO
22 REQUIRE THE REPORTING OF NAME AND ADDRESS CHANGES, TO SET FORTH GROUNDS
23 FOR DISCIPLINARY ACTION AND DENIAL OF LICENSURE, TO SET FORTH PROVISIONS
24 APPLICABLE TO INVESTIGATIONS AND DISCIPLINARY ACTIONS, TO PROVIDE FOR PEN-
25 ALTIES, TO PROVIDE JUDICIAL REVIEW, TO PROHIBIT CERTAIN PRACTICES AND TO
26 SET FORTH PENALTIES; AND AMENDING SECTIONS 67-2601 AND 67-2602, IDAHO
27 CODE, TO PROVIDE REFERENCES TO THE SPEECH AND HEARING SERVICES LICENSURE
28 BOARD.
29 Be It Enacted by the Legislature of the State of Idaho:
30 SECTION 1. That Chapter 29, Title 54, Idaho Code, be, and the same is
31 hereby repealed.
32 SECTION 2. That Title 54, Idaho Code, be, and the same is hereby amended
33 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
34 ter 29, Title 54, Idaho Code, and to read as follows:
35 CHAPTER 29
36 SPEECH AND HEARING SERVICES PRACTICE ACT
37 54-2901. SHORT TITLE. This chapter shall be known and may be cited as the
38 "Speech and Hearing Services Practice Act."
39 54-2902. DECLARATION OF POLICY. To protect the public health, safety and
40 welfare, and to provide for administrative supervision, licensure and regula-
2
1 tion, every person practicing or offering to practice audiology, speech-
2 language pathology, or hearing aid dealing and fitting services as defined in
3 this chapter, who meets and maintains prescribed standards of competence and
4 conduct, shall be licensed as provided in this chapter. This chapter shall be
5 liberally construed to promote the public interest and to accomplish the pur-
6 pose stated herein.
7 54-2903. DEFINITIONS. As used in this chapter:
8 (1) "Applicant" means a person applying for a license or permit under
9 this chapter.
10 (2) "Audiologist" means a natural person who meets the requirements of
11 this chapter, is duly licensed in accordance with this chapter and is engaged
12 in the practice of audiology.
13 (3) "Board" means the speech and hearing services licensure board.
14 (4) "Bureau" means the bureau of occupational licenses.
15 (5) "Department" means the department of self-governing agencies.
16 (6) "Hearing aid" means any wearable electronic instrument or other
17 device designed for the purpose of aiding or compensating for impaired human
18 hearing and any parts, attachments or accessories, including earmolds attached
19 to the hearing aid, but excluding batteries and cords. "Hearing aid" does not
20 include those devices classified by the federal drug administration as
21 assistive listening devices.
22 (7) "Hearing aid dealer and fitter" means a person licensed pursuant to
23 this chapter to provide hearing aid evaluations and to sell, dispense and fit
24 hearing aids in the state of Idaho.
25 (8) "Hearing aid evaluation" means the measurement of human hearing for
26 the purpose of selecting or adapting a hearing aid, and not for obtaining med-
27 ical diagnosis or legal documentation, and includes the following:
28 (a) Air conduction threshold testing;
29 (b) Bone conduction threshold testing;
30 (c) Speech reception threshold testing;
31 (d) Speech discrimination testing;
32 (e) Most comfortable loudness level testing; and
33 (f) Uncomfortable loudness level testing.
34 (9) "Improper fitting" means a pattern of hearing aid selections or
35 adaptations which cause physical damage to any portion of the ear, in which
36 the electroacoustic characteristics of the hearing aid are inadequate for the
37 consumer, or in which the hearing aid is physically or acoustically unsuited
38 to the consumer including, but not limited to:
39 (a) An all-in-the-ear hearing aid which continually falls out of the ear;
40 (b) Any hearing aid or earmold which causes inappropriate feedback, pain
41 or discomfort to the ear within thirty (30) days of the original delivery
42 of the hearing aid to the consumer;
43 (c) Fitting a consumer with impacted cerumen; or
44 (d) Fitting a consumer with either an apparent unilateral sensorineural
45 hearing loss or a significant air-bone gap without prior medical evalua-
46 tion and approval.
47 (10) "License" means a license issued by the board under this chapter
48 authorizing practice as a speech-language pathologist, audiologist, or hearing
49 aid dealer and fitter.
50 (11) "Practice of audiology" means to apply the principles, methods and
51 procedures of measurement, evaluation, testing, counseling, consultation and
52 instruction that relate to the development and disorders of hearing,
53 vestibular functions and related language and speech disorders to prevent,
54 modify or rehabilitate the disorders or to assist individuals in auditory and
3
1 related skills for communication, and may include intraoperative monitoring
2 and the fitting, adjustment, programming, selling and dispensing of hearing
3 aids and assistive devices.
4 (12) "Practice of fitting and dealing in hearing aids" means the selec-
5 tion, adaptation, dispensing, fitting or sale of hearing aids, and includes
6 the testing of hearing by means of an audiometer, or by any other device
7 designed specifically for these purposes. The practice also includes the mak-
8 ing of impressions for earmolds.
9 (13) "Practice of speech-language pathology" means the application of
10 principles, methods and procedures of measurement, evaluation, testing, coun-
11 seling, rehabilitation, screening, consultation and instruction that relate to
12 the development and disorders of human communication including, but not lim-
13 ited to, speech (articulation, fluency, voice, accent reduction) and language,
14 swallowing, cognitive communication disorders, augmentative and alternative
15 communication systems and related hearing disorders.
16 (14) "Provisional permit" means a permit issued to an applicant who is
17 registered to obtain required experience to become licensed.
18 (15) "Speech-language pathologist" means a natural person who meets the
19 requirements of this chapter, is duly licensed in accordance with this chap-
20 ter, and who engages in the practice of speech-language pathology.
21 (16) "Speech-language pathologist aide" means a natural person who meets
22 the requirements of this chapter, is duly licensed in accordance with this
23 chapter, and who works under the direction and supervision of a speech-
24 language pathologist. A speech-language pathologist aide shall not act or pro-
25 vide services independently of a supervising speech-language pathologist
26 licensed in Idaho.
27 (17) "Speech-language pathologist assistant" means a natural person who
28 meets the requirements of this chapter, is duly licensed in accordance with
29 this chapter, and works under the direction and supervision of a speech-
30 language pathologist. A speech-language pathologist assistant shall not act or
31 provide services independently of a supervising speech-language pathologist
32 licensed in Idaho.
33 54-2904. LICENSE REQUIRED. (1) Except as otherwise provided in this chap-
34 ter, it shall be unlawful for any person to engage in the practice or to per-
35 form or offer to practice audiology or speech-language pathology or to act as
36 a hearing aid dealer or fitter unless such person is duly licensed in accor-
37 dance with this chapter. A license issued pursuant to this chapter shall be
38 posted in the licensee's established place of business or carried upon the
39 person, and shall be presented as proof of licensure upon demand.
40 (2) It is unlawful for any person or business entity, or its employees,
41 agents or representatives, to use in connection with his or her name, or name
42 of activity of the business, the words "audiologist," "audiometrist," "hearing
43 clinician," "hearing therapist," or any other title, abbreviation or insignia
44 indicating or implying directly or indirectly that such person, business
45 entity, employee, agent or representative is engaged in the practice of
46 audiology, unless such services are provided by an audiologist licensed in
47 accordance with this chapter.
48 (3) It is unlawful for any person or business entity, or its employees,
49 agents or representatives, to use in connection with his or her name, or name
50 of activity of the business, the words "speech pathologist," "speech thera-
51 pist," "speech correctionist," "speech clinician," "language therapist,"
52 "language pathologist," "voice therapist," "voice pathologist," "logopedist,"
53 "communicologist," "aphasiologist," or any other title, abbreviation or insig-
54 nia indicating or implying directly or indirectly that such person, business
4
1 entity, employee, agent or representative is engaged in the practice of
2 speech-language pathology, unless such services are provided by a speech-
3 language pathologist licensed in accordance with this chapter.
4 (4) It is unlawful for any person or business entity, or its employees,
5 agents or representatives, to use in connection with his or her name, or name
6 of activity of the business, the words "hearing aid dealer and fitter" or any
7 other title, abbreviation or insignia indicating or implying directly or indi-
8 rectly that such person, business entity, employee, agent or representative is
9 engaged in the practice of audiology or hearing aid dealing and fitting,
10 unless such services are provided by an audiologist or hearing aid dealer and
11 fitter licensed in accordance with this chapter.
12 54-2905. EXEMPTIONS. (1) Nothing in this chapter shall be construed to
13 restrict:
14 (a) Any person licensed or regulated by the state of Idaho from engaging
15 in the profession or practice for which he or she is licensed or regulated
16 including, but not limited to, any certified or accredited teacher of the
17 deaf, nurse, physician, occupational therapist, physical therapist, sur-
18 geon, or any other licensed or regulated practitioner of the healing arts;
19 or
20 (b) Any employee working under the direct supervision of those persons
21 referred to in this section, so long as such employee does not hold him-
22 self or herself out as an audiologist, speech-language pathologist,
23 speech-language pathologist aide or assistant, hearing aid dealer or fit-
24 ter, or a person engaged in the practice of audiology, speech-language
25 pathology or hearing aid dealing and fitting.
26 (2) Licensure shall not be required for persons pursuing a course of
27 study leading to a degree in audiology, speech-language pathology, or hearing
28 aid dealing and fitting at a college or university with a curriculum accept-
29 able to the board provided that:
30 (a) Activities and services otherwise regulated by this chapter consti-
31 tute a part of a planned course of study at that institution;
32 (b) Such persons are designated by a title such as "intern," "trainee,"
33 "student," or by other such title clearly indicating the status appropri-
34 ate to their level of education; and
35 (c) Such persons work under the supervision of a person licensed by this
36 state to practice audiology, speech-language pathology or hearing aid
37 dealing and fitting in accordance with administrative rules governing
38 supervision as adopted by the board. The supervising audiologist, speech-
39 language pathologist or hearing aid dealer and fitter accepts full respon-
40 sibility for the activities and services provided by such persons super-
41 vised.
42 (3) Nothing in this chapter shall restrict a person residing in another
43 state or country and authorized to practice audiology, speech-language pathol-
44 ogy or hearing aid dealing or fitting there, who is called in consultation by
45 a person licensed in this state to practice audiology, speech-language pathol-
46 ogy, or hearing aid dealing and fitting, or who for the purpose of furthering
47 audiology, speech-language pathology or hearing aid dealing and fitting educa-
48 tion is invited into this state to conduct a lecture, clinic or demonstration,
49 while engaged in activities in connection with the consultation, lecture,
50 clinic or demonstration, so long as such person does not open an office or
51 appoint a place to meet clients or receive calls in this state.
52 54-2906. DEALING AND FITTING OF HEARING AIDS. (1) The board shall have
53 the authority to promulgate, by rule, written contract forms that are in com-
5
1 pliance with the provisions of this chapter.
2 (2) Any licensed audiologist or hearing aid dealer and fitter who fits
3 and dispenses hearing aids shall provide to each client:
4 (a) A written contract executed between the audiologist or hearing aid
5 dealer and fitter, and the client, in accordance with rules established by
6 the board for each hearing aid dispensed;
7 (b) A minimum thirty (30) day trial period that shall include a provision
8 for the refund of moneys paid for every hearing aid dispensed; and
9 (c) Written notice of the name, mailing address and telephone number of
10 the board.
11 (3) A person licensed as a hearing aid dealer and fitter shall, when
12 dealing with a person eighteen (18) years of age or younger, obtain written
13 confirmation that such person has been examined by a licensed otolaryngologist
14 or audiologist within thirty (30) days of the sale of any hearing aid.
15 54-2907. AUDIOLOGY, SPEECH-LANGUAGE PATHOLOGY AND HEARING AID DEALERS AND
16 FITTERS SUPPORT PERSONNEL -- SPEECH-LANGUAGE PATHOLOGY AIDES AND SPEECH-
17 LANGUAGE PATHOLOGY ASSISTANTS. (1) Audiology, speech-language pathology and
18 hearing aid dealer and fitter support personnel must be trained under the
19 direction of an audiologist, speech-language pathologist or hearing aid dealer
20 and fitter, respectively, and may only perform designated and supervised rou-
21 tine audiology, speech-language pathology or hearing aid dealer and fitter
22 tasks, respectively.
23 (2) Support personnel, speech-language pathology aides and speech-
24 language pathology assistants shall not act independently and shall only work
25 under the direction and supervision of an audiologist, speech-language pathol-
26 ogist or hearing aid dealer and fitter, respectively, licensed under this
27 chapter.
28 (3) The supervising audiologist, speech-language pathologist or hearing
29 aid dealer and fitter accepts full responsibility for the tasks and activities
30 of support personnel and speech-language pathology aides and assistants under
31 their direction and supervision.
32 (4) Support personnel, aides and assistants shall at all times be desig-
33 nated by the title "support personnel," "aide" or "assistant," respectively,
34 which clearly identifies such person's status as support personnel or as an
35 aide or assistant, and such person shall not use any prohibited title as set
36 forth in section 54-2904, Idaho Code.
37 (5) The board shall establish rules to define the role of audiology,
38 speech-language pathology and hearing aid dealer and fitter support personnel
39 and speech-language pathology aides and assistants including, but not limited
40 to:
41 (a) Supervisory responsibilities of the licensee;
42 (b) Ratio of support personnel, aides or assistants to licensees;
43 (c) Designation of support personnel's designated and supervised routine
44 audiology, speech-language pathology or hearing aid dealer and fitter
45 tasks, restrictions and responsibilities;
46 (d) Scope of practice for speech-language pathology aides and assistants,
47 restrictions, and responsibilities;
48 (e) Frequency, duration and documentation of direct, on-site supervision;
49 and
50 (f) The quantity and content of preservice and in-service instruction.
51 54-2908. SPEECH AND HEARING SERVICES LICENSURE BOARD. (1) There is hereby
52 established in the department of self-governing agencies a speech and hearing
53 services licensure board. The board shall consist of seven (7) members
6
1 appointed by the governor. The governor may consider recommendations for
2 appointment to the board from the Idaho speech-language hearing association,
3 any Idaho association of hearing aid dealers and fitters, and any individual
4 residing in this state. Three (3) members of the board shall be speech-
5 language pathologists, two (2) members shall be audiologists, one (1) member
6 shall be a hearing aid dealer and fitter, and one (1) member shall be
7 appointed from the public at-large. Each nonpublic member shall:
8 (a) Have been a resident of the state of Idaho for no less than one (1)
9 year immediately preceding his or her appointment;
10 (b) Have been engaged in rendering services to the public, teaching, or
11 performing research in the field of audiology, speech-language pathology,
12 or hearing aid dealing and fitting for a period of not less than five (5)
13 years preceding his or her appointment;
14 (c) Be a currently practicing audiologist, speech-language pathologist or
15 hearing aid dealer and fitter; and
16 (d) At all times during such appointment to the board, maintain a valid
17 license in audiology, speech-language pathology or hearing aid dealing and
18 fitting, except for the first appointees who shall meet the eligibility
19 requirements for licensure as specified in this chapter at all times after
20 initial appointment.
21 (2) The public member appointed as provided herein shall have been a res-
22 ident of the state of Idaho for not less than one (1) year immediately preced-
23 ing his appointment. Further, such public member shall not be associated with
24 or financially interested in the practice or business of audiology, speech-
25 language pathology or hearing aid dealing and fitting, nor shall such public
26 member be engaged in an allied or related profession or occupation.
27 (3) Each member shall serve a term of three (3) years, which shall be
28 staggered as follows: The initial licensure board shall have two (2) members
29 whose terms expire July 1, 2006; two (2) members whose terms expire on July 1,
30 2007; and three (3) members whose terms expire on July 1, 2008. Terms shall
31 begin on the first day of the calendar year and end on the last day of the
32 calendar year or until successors are appointed, except for the first
33 appointed members who shall serve through the last calendar day of the year in
34 which they are appointed, before commencing the terms prescribed in this sec-
35 tion. A member may be appointed to serve for one (1) additional three (3) year
36 term. In the event of a vacancy other than by expiration of a term, the board
37 shall appoint a qualified person to fill the vacancy for the unexpired term.
38 (4) Members shall disqualify themselves and, upon the motion of any
39 interested party may, upon proper showing, be disqualified in any proceeding
40 concerning which they have an actual conflict of interest or bias that inter-
41 feres with their fair and impartial service.
42 (5) The governor may remove any member of the board from the membership
43 of the board who is guilty of malfeasance, misfeasance or nonfeasance.
44 54-2909. OFFICERS -- QUORUM -- MEETINGS -- COMPENSATION. (1) The board,
45 within sixty (60) days after the effective date of this act and annually
46 thereafter, shall hold a meeting and elect one (1) of its members as chairper-
47 son, to serve a one (1) year term in such capacity, who shall preside at meet-
48 ings of the board. In the event the chairperson is not present at any board
49 meeting, the board may by majority vote of the members present appoint a tem-
50 porary chairperson.
51 (2) Four (4) members of the board shall constitute a quorum, provided at
52 least one (1) audiologist, one (1) speech-language pathologist, the hearing
53 aid dealer and fitter member and the public member are present. The board may
54 act by virtue of a majority vote of members present in which a quorum is pres-
7
1 ent.
2 (3) The board shall meet at least two (2) times per year at a place, day
3 and hour determined by the board. Other meetings may be convened at the call
4 of the chairperson or upon the written request of any two (2) board members.
5 (4) Members of the board shall be compensated as provided by section
6 59-509(n), Idaho Code.
7 54-2910. POWERS AND DUTIES OF THE BOARD. The board shall have the author-
8 ity to administer, coordinate and enforce the provisions of this chapter
9 including, but not limited to:
10 (1) Evaluate the qualifications of applicants for licensure, approve and
11 administer examinations to test the knowledge and proficiency of applicants
12 for licensure, and approve or deny the registration and issuance and renewal
13 of licenses and permits;
14 (2) Authorize all disbursements necessary to carry out the provisions of
15 this chapter;
16 (3) Promulgate rules not inconsistent with the laws of this state which
17 are necessary to carry out the provisions of this chapter including, but not
18 limited to, ethical standards of practice;
19 (4) Adopt rules allowing for continuing education;
20 (5) Obtain restraining orders and injunctions prohibiting conduct in
21 violation of the provisions of this chapter, conduct investigations, issue
22 subpoenas, examine witnesses and administer oaths, concerning practices which
23 are alleged to violate the provisions of this chapter;
24 (6) Suspend or revoke or otherwise sanction licenses in the manner pro-
25 vided in this chapter, or place a person holding a license under this chapter
26 on probation;
27 (7) Require as a condition of receiving or retaining a license issued
28 under this chapter that restitution be paid to a consumer;
29 (8) Require the inspection of testing equipment and facilities of persons
30 engaging in any practice pursuant to this chapter; and
31 (9) Authorize, by written agreement, the bureau of occupational licenses
32 to act as its agent in its interest.
33 54-2911. DISPOSITION OF RECEIPTS -- EXPENSES. All moneys received pursu-
34 ant to the provisions of this chapter shall be deposited to the occupational
35 license fund. All expenses incurred pursuant to the provisions of this chapter
36 shall be paid from the occupational fund.
37 54-2912. QUALIFICATIONS FOR LICENSURE -- AUDIOLOGIST. (1) To be eligible
38 for licensure by the board as an audiologist, the applicant shall:
39 (a) File a written application with the board on forms prescribed and
40 furnished by the board. A nonrefundable application fee shall accompany
41 the completed written application. Such fees shall be established by the
42 administrative rules of the board and shall be in such amounts as are rea-
43 sonable and necessary for the proper execution and enforcement of this
44 chapter;
45 (b) Provide documentation satisfactory to the board that the applicant
46 possesses a master's or doctoral degree with emphasis in audiology or not
47 less than seventy-five (75) semester credit hours of post-baccalaureate
48 study that culminates in a doctoral or other recognized degree from a
49 nationally accredited school for audiology with a curriculum acceptable to
50 the board;
51 (c) Pass an examination in audiology approved by the board;
52 (d) Meet the current supervised academic clinical practicum, and super-
8
1 vised postgraduate professional experience approved by the board;
2 (e) Have never had a license for audiology revoked as part of disciplin-
3 ary action from this or any other state, and shall not be found by the
4 board to have engaged in conduct prohibited by section 54-2923, Idaho
5 Code, provided however, the board may take into consideration the rehabil-
6 itation of the applicant and other mitigating circumstances.
7 (2) The applicant shall disclose on his written application:
8 (a) Any criminal conviction or charge, other than minor traffic infrac-
9 tions, against the applicant;
10 (b) Any disciplinary action taken against the applicant by any profes-
11 sional regulatory agency, including any agency within the state or any
12 other state; and
13 (c) Any denial of registration or licensure by any state or district reg-
14 ulatory body.
15 (3) The board may require an applicant to be personally interviewed by
16 the board or a designated committee of the board. The interview shall be lim-
17 ited to a review of the applicant's qualifications and professional creden-
18 tials.
19 54-2913. QUALIFICATIONS FOR LICENSURE -- SPEECH-LANGUAGE PATHOLOGIST. (1)
20 To be eligible for licensure as a speech-language pathologist the applicant
21 shall:
22 (a) File a written application with the board on forms prescribed and
23 furnished by the board. A nonrefundable application fee shall accompany
24 the completed written application. Such fees shall be established by the
25 administrative rules of the board and shall be in such amounts as are rea-
26 sonable and necessary for the proper execution and enforcement of this
27 chapter.
28 (b) Provide documentation satisfactory to the board that the applicant
29 possesses a master's or doctoral degree from a nationally accredited
30 school of speech-language pathology with a curriculum acceptable to the
31 board.
32 (c) Pass an examination in speech-language pathology approved by the
33 board.
34 (d) Meet the current supervised academic clinical practicum and super-
35 vised postgraduate professional experience approved by the board.
36 (e) Have never had a license for speech-language pathology revoked as
37 part of disciplinary action from this or any other state and shall not be
38 found by the board to have engaged in conduct prohibited by section
39 54-2923, Idaho Code, provided however, the board may take into consider-
40 ation the rehabilitation of the applicant and other mitigating circum-
41 stances.
42 (2) The applicant shall disclose on his written application:
43 (a) Any criminal conviction or charge, other than minor traffic infrac-
44 tions, against the applicant;
45 (b) Any disciplinary action taken against the applicant by any profes-
46 sional regulatory agency, including any agency within the state or any
47 other state; and
48 (c) Any denial of registration or licensure by any state or district reg-
49 ulatory body.
50 (3) The board may require an applicant to be personally interviewed by
51 the board or a designated committee of the board. The interview shall be lim-
52 ited to a review of the applicant's qualifications and professional creden-
53 tials.
9
1 54-2914. QUALIFICATIONS FOR LICENSURE -- SPEECH-LANGUAGE PATHOLOGIST
2 AIDE. (1) To be eligible for licensure as a speech-language pathologist aide
3 the applicant shall:
4 (a) File a written application with the board on forms prescribed and
5 furnished by the board. A nonrefundable application fee shall accompany
6 the completed written application. Such fees shall be established by the
7 administrative rules of the board and shall be in such amounts as are rea-
8 sonable and necessary for the proper execution and enforcement of this
9 chapter;
10 (b) Provide documentation satisfactory to the board that the applicant
11 possesses a baccalaureate degree from a nationally accredited school of
12 speech-language pathology assistant with a curriculum acceptable to the
13 board;
14 (c) Pass an examination in speech-language pathology aide approved by the
15 board;
16 (d) Have never had a license for speech-language pathology aide revoked
17 as part of disciplinary action from this or any other state and shall not
18 be found by the board to have engaged in conduct prohibited by section
19 54-2923, Idaho Code. Provided however, the board may take into consider-
20 ation the rehabilitation of the applicant and other mitigating circum-
21 stances.
22 (2) The applicant shall disclose on his written application:
23 (a) Any criminal conviction or charge, other than minor traffic infrac-
24 tions, against the applicant;
25 (b) Any disciplinary action taken against the applicant by any profes-
26 sional regulatory agency, including any agency within the state or any
27 other state; and
28 (c) Any denial of registration or licensure by any state or district reg-
29 ulatory body.
30 (3) The board may require an applicant to be personally interviewed by
31 the board or a designated committee of the board. The interview shall be lim-
32 ited to a review of the applicant's qualifications and professional creden-
33 tials.
34 54-2915. QUALIFICATIONS FOR LICENSURE -- SPEECH-LANGUAGE PATHOLOGIST
35 ASSISTANT. (1) To be eligible for licensure as a speech-language pathologist
36 assistant the applicant shall:
37 (a) File a written application with the board on forms prescribed and
38 furnished by the board. A nonrefundable application fee shall accompany
39 the completed written application. Such fees shall be established by the
40 administrative rules of the board and shall be in such amounts as are rea-
41 sonable and necessary for the proper execution and enforcement of this
42 chapter;
43 (b) Provide documentation satisfactory to the board that the applicant
44 possesses an associate's degree from a nationally accredited school of
45 speech-language pathology assistant with a curriculum acceptable to the
46 board;
47 (c) Pass an examination in speech-language pathology assistant approved
48 by the board; and
49 (d) Have never had a license for speech-language pathology assistant
50 revoked as part of disciplinary action from this or any other state and
51 shall not be found by the board to have engaged in conduct prohibited by
52 section 54-2923, Idaho Code, provided however, the board may take into
53 consideration the rehabilitation of the applicant and other mitigating
54 circumstances.
10
1 (2) The applicant shall disclose on his written application:
2 (a) Any criminal conviction or charge, other than minor traffic infrac-
3 tions, against the applicant;
4 (b) Any disciplinary action taken against the applicant by any profes-
5 sional regulatory agency, including any agency within the state or any
6 other state; and
7 (c) Any denial of registration or licensure by any state or district reg-
8 ulatory body.
9 (3) The board may require an applicant to be personally interviewed by
10 the board or a designated committee of the board. The interview shall be lim-
11 ited to a review of the applicant's qualifications and professional creden-
12 tials.
13 54-2916. QUALIFICATIONS FOR LICENSURE -- HEARING AID DEALER AND FITTER.
14 To be eligible for licensure as a hearing aid dealer and fitter, the applicant
15 shall:
16 (1) Provide verification acceptable to the board of:
17 (a) Being at least twenty-one (21) years of age;
18 (b) Good moral character and temperate habits;
19 (c) Never having had a license revoked or otherwise sanctioned as part of
20 disciplinary action from this or any other state;
21 (d) Never having been convicted, found guilty, or received a withheld
22 judgment for any felony; and
23 (e) Never having been found by the board to have engaged in conduct pro-
24 hibited by this chapter, provided however, the board may take into consid-
25 eration the rehabilitation of the applicant and other mitigating circum-
26 stances when considering applications for licensure;
27 (2) Provide educational documentation satisfactory to the board that the
28 applicant has successfully graduated from a four (4) year course at an accred-
29 ited high school or the equivalent; and
30 (3) Provide documentation that the applicant has successfully passed an
31 examination approved by the board.
32 54-2917. DUAL LICENSURE. A person may be licensed as both an audiologist
33 and a speech-language pathologist if such person duly meets the requirements
34 of licensure for both. A person obtaining licensure as both an audiologist and
35 a speech-language pathologist shall be charged fees as though the person had
36 obtained only one (1) license.
37 54-2918. EXCEPTION TO LICENSURE REQUIREMENTS. (1) Prior to July 1, 2006,
38 the board may deem other education or examination equivalent to licensure
39 requirements, provided that the board is satisfied, and the applicant provides
40 documentation acceptable to the board, that such applicant:
41 (a) Has engaged in the practice of audiology or speech-language pathology
42 in this state prior to July 1, 2005, as provided in administrative rules;
43 and
44 (b) Has practiced for not less than five (5) years in the field for which
45 such applicant is applying for licensure under this chapter; and
46 (c) Applies for licensure prior to July 1, 2006.
47 (2) For applicants who received their professional education outside of
48 the United States, the board may deem such education acceptable, provided that
49 the board is satisfied, and the applicant provides documentation acceptable to
50 the board, that equivalent education requirements have been met. The board, in
51 its discretion, may require by rule that applicants who received their profes-
52 sional education outside of the United States provide additional information
11
1 to the board concerning such professional education. The board may also, in
2 its discretion, require successful completion of additional coursework before
3 proceeding with the application process.
4 54-2919. PROVISIONAL PERMIT. The board shall adopt rules providing for a
5 provisional permit to allow a person to engage in the practice of audiology or
6 speech-language pathology while completing either the required postgraduate
7 experience or a comparable experience as part of a doctoral program in
8 audiology as required by this chapter. The board may further provide for a
9 provisional permit to allow a person to engage in fitting and dealing hearing
10 aids pursuant to rules adopted by the board. The holder of a provisional per-
11 mit may practice only while under the supervision of a person fully licensed
12 under this chapter.
13 54-2920. DENIAL OF APPLICATION. An application for licensure that has
14 been denied by the board shall be considered a contested case as provided for
15 in chapter 52, title 67, Idaho Code, and shall be subject to the provisions of
16 that chapter as well as the administrative rules adopted by the board govern-
17 ing contested cases.
18 54-2921. RENEWAL AND REINSTATEMENT OF LICENSES -- PUBLIC DISPLAY --
19 INACTIVE LICENSE. (1) All licenses issued under the provisions of this chapter
20 shall be subject to annual renewal and shall expire unless renewed in the man-
21 ner prescribed by the board regarding applications for renewal, continuing
22 education, and fees. License renewal and reinstatement shall be in accordance
23 with section 67-2614, Idaho Code.
24 (2) Each person licensed pursuant to this chapter shall, on or before the
25 expiration of his or her license, submit an application and pay to the board a
26 license fee for a renewal of the license and shall keep such license posted in
27 his or her office or established place of business at all times.
28 (3) The board may issue inactive licenses pursuant to rules adopted by
29 the board that may specify the terms and procedures necessary to maintain an
30 inactive license. The holder of an inactive license shall not engage in any
31 practice defined by this chapter.
32 54-2922. REPORTING OF NAME OR ADDRESS CHANGE. All licensed audiologists,
33 speech-language pathologists, speech-language pathology aides and assistants,
34 and hearing aid dealers and fitters shall report to the board any name change
35 or changes in business and home addresses prior to the expiration of thirty
36 (30) days after the change becomes final.
37 54-2923. GROUNDS FOR DISCIPLINARY ACTION AND DENIAL. The following con-
38 duct, acts or conditions shall constitute grounds for disciplinary action and
39 grounds for denial of an application for licensure or renewal:
40 (1) The conviction of any felony or being convicted of any crime which
41 has a bearing on any practice pursuant to this chapter. Conviction, as used in
42 this subsection (1), shall include a finding of verdict of guilt, an admission
43 of guilt, or a plea of nolo contendere or its equivalent. The record of con-
44 viction, or a certified copy thereof, certified by the clerk of the court or
45 by the judge in whose court the conviction occurred, shall be conclusive evi-
46 dence of such conviction;
47 (2) Obtaining or attempting to obtain a license or registration by fraud,
48 misrepresentation, omission or deceit, or making misleading, deceptive, untrue
49 or fraudulent representations in violation of this chapter or in the practice
50 of the profession;
12
1 (3) Engaging in incompetent or unethical conduct, or practicing or offer-
2 ing to practice beyond the scope of the practice as defined in this chapter,
3 or committing an intentional, negligent, or reckless act or failing to act, or
4 engaging in practice that fails to meet the standard of care provided by
5 licensees in the same or similar communities;
6 (4) Practicing when physical or mental abilities are impaired by includ-
7 ing, but not limited to, the use of controlled substances or other drugs,
8 chemicals or alcohol, or having been adjudged mentally incompetent by a court
9 of competent jurisdiction;
10 (5) Engaging in practice under a false name or alias or using or attempt-
11 ing to use an invalid license or a license that has been unlawfully purchased,
12 fraudulently obtained, counterfeited or materially altered;
13 (6) Failing to administer necessary tests utilizing appropriate, estab-
14 lished procedures and instrumentation;
15 (7) Engaging in improper practice or promoting unnecessary devices,
16 treatment, intervention or service for the financial gain of the practitioner
17 or of a third party;
18 (8) Failing to pay a valid judgment that arose out of any practice pursu-
19 ant to this chapter within two (2) months of the date that the judgment became
20 final;
21 (9) Having had a license revoked or suspended, other disciplinary action
22 taken or an application for licensure or license renewal refused, revoked or
23 suspended by the proper authorities of another state, territory or country, or
24 omitting such information from any application to the board, or failure to
25 divulge such information when requested by the board;
26 (10) Failing to notify the board of any change of address of a place of
27 business within thirty (30) days of the date of such change;
28 (11) Failing to meet continuing education requirements as established by
29 the board;
30 (12) Failing to provide refunds pursuant to the terms of a written con-
31 tract entered into by the consumer and the licensee;
32 (13) Failing to properly or adequately supervise any permit holder, sup-
33 port person, or assistant in accordance with this chapter and the administra-
34 tive rules adopted by the board, or aiding or abetting a person not licensed
35 in this state who directly or indirectly performs activities requiring a
36 license;
37 (14) Committing any act of sexual contact, misconduct, exploitation or
38 intercourse with a client or former client or related to the licensee's prac-
39 tice, provided:
40 (a) Consent of the client shall not be a defense;
41 (b) This subsection (14) shall not apply to sexual contact between a
42 licensee and such licensee's spouse or a person in a domestic relationship
43 with the licensee who is also a client;
44 (c) A former client includes a client for whom the licensee has provided
45 services within the last twelve (12) months; and
46 (d) Sexual or romantic relationships with former clients beyond the
47 period of time set forth herein may also be a violation if the licensee
48 uses or exploits the trust, knowledge, emotions or influence derived from
49 the prior professional relationship with the client;
50 (15) Failing to report to the board any act or omission of a licensee,
51 applicant, or any other person, which violates any provision of this chapter;
52 (16) Interfering with a board investigation or disciplinary proceeding by
53 willful misrepresentation of facts, failure to provide information upon
54 request from the board, or by use of threats or harassment against any client
55 or witness to prevent them from providing evidence in a disciplinary proceed-
13
1 ing, investigation or other legal action;
2 (17) Violating any provisions of this chapter, board rules, adopted codes
3 of ethics or other applicable federal or state statutes or rules including,
4 but not limited to, the Idaho consumer protection act, relating directly or
5 indirectly to any practice pursuant to this chapter.
6 54-2924. INVESTIGATIONS AND DISCIPLINARY ACTIONS -- PROCEDURES. (1) The
7 board is authorized to institute any investigation, hearing or other legal
8 proceeding necessary to effect compliance with this chapter.
9 (2) The board or its hearing officer, upon a finding that action is nec-
10 essary, shall have the power pursuant to this chapter to administer oaths,
11 take depositions of witnesses within or without the state in the manner pro-
12 vided by the administrative rules adopted by the board, and shall have power
13 throughout the state of Idaho to require the attendance of such witnesses and
14 the production of such books, records and papers as it may desire at any hear-
15 ing and for that purpose the board may issue a subpoena for any witness or a
16 subpoena duces tecum to compel the production of any books, records or papers,
17 directed to the sheriff of any county of the state of Idaho, where such wit-
18 ness resides or may be found, which shall be served and returned. The board
19 may require a licensee to be examined to determine his or her mental or physi-
20 cal competence when the board has probable cause to believe the licensee is
21 suffering from an impairment that might impede his or her ability to practice
22 competently. The board may accept a voluntary restriction offered by a licen-
23 see on a licensee's scope of practice due to impairment of the licensee's com-
24 petence.
25 (3) When it is brought to the attention of the board by the written
26 statement of any person that a person licensed under this chapter has done any
27 act or thing in violation of any provision of this chapter, the board shall
28 make an investigation of such person and, if it is determined there is proba-
29 ble cause to institute proceedings against such person, the board shall com-
30 mence a formal proceeding against the person in accordance with chapter 52,
31 title 67, Idaho Code, and with the administrative rules adopted by the board.
32 (4) The board may investigate any person to the extent necessary to
33 determine if the person is engaged in the unlawful practice of audiology or
34 speech-language pathology. If an investigation indicates that a person may be
35 practicing audiology or speech-language pathology unlawfully, the board shall
36 inform the person of the alleged violation. The board shall refer all viola-
37 tions of this section made known to it to appropriate prosecuting attorneys
38 whether or not the person ceases the unlawful practice. The board may render
39 assistance to a prosecuting attorney in the prosecution of a case pursuant to
40 this section.
41 (5) The board may, in the name of the people of the state of Idaho, apply
42 for injunctive relief in any court of competent jurisdiction to enjoin any
43 person from committing any act in violation of this chapter. Such injunction
44 proceedings shall be in addition to, and not in lieu of, all penalties and
45 other remedies provided for in this chapter.
46 54-2925. DISCIPLINARY ACTIONS -- PENALTIES. The board, upon receipt of a
47 recommendation received from the licensure board that a person has violated
48 any provision of this chapter, may take the following disciplinary actions
49 singly or in combination:
50 (1) Issue a formal reprimand;
51 (2) Require additional education as a requirement for continued practice;
52 (3) Impose restrictions and/or conditions as to scope of practice, place
53 of practice, supervision of practice, duration of license status, or type or
14
1 condition of client served. The board may require a licensee to report regu-
2 larly to the board on matters regarding the restricted license;
3 (4) Suspend a license, the duration of which shall be determined by the
4 board;
5 (5) Revoke a license;
6 (6) Refuse to issue or renew a license;
7 (7) Impose a fine not to exceed one thousand dollars ($1,000) for each
8 violation of this chapter; or
9 (8) Assess costs and attorney's fees against a licensee for any investi-
10 gation and/or administrative proceeding.
11 54-2926. JUDICIAL REVIEW. Any person who is aggrieved by any action of
12 the board in denying, refusing to renew, suspending or revoking a license,
13 issuing a censure, imposing any restriction upon a license, or imposing any
14 fine, may seek judicial review thereof in accordance with the provisions of
15 chapter 52, title 67, Idaho Code.
16 54-2927. UNLAWFUL PRACTICE -- PENALTIES. (1) It shall be unlawful for any
17 person to practice or offer to practice audiology or speech-language pathology
18 in this state, or to use in connection with his or her name or otherwise
19 assume, use or advertise any title or description tending to convey the
20 impression that he or she is an audiologist or speech-language pathologist,
21 unless such person has been licensed under the provisions of this chapter.
22 (2) It shall be unlawful for any person to aid, abet or require another
23 person, licensed or unlicensed, to directly or indirectly violate or evade any
24 provision of this chapter, or to combine or conspire with another person, or
25 permit one's license to be used by another person, or to act as an agent,
26 partner, associate or otherwise, of another person with the intent to violate
27 or evade the provisions of this chapter.
28 (3) A violation of the provisions of this chapter shall constitute a mis-
29 demeanor and any person convicted thereof shall be fined an amount not to
30 exceed one thousand dollars ($1,000), or imprisoned in a county jail for a
31 period not to exceed six (6) months, or shall be punished by both such fine
32 and imprisonment.
33 SECTION 3. That Section 67-2601, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
36 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
37 self-governing agencies. The department shall, for the purposes of section 20,
38 article IV of the constitution of the state of Idaho, be an executive depart-
39 ment of the state government.
40 (2) The department shall consist of the following:
41 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
42 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
43 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
44 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
45 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
46 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
47 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
48 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
49 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
50 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
51 aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
15
1 (b) Professional and occupational licensing boards: Idaho state board of
2 certified public accountancy, as provided by chapter 2, title 54, Idaho
3 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
4 Code; board of architectural examiners, as provided by chapter 3, title
5 54, Idaho Code; office of the state athletic director, as provided by
6 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
7 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
8 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
9 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
10 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
11 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
12 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
13 state board of denturitry, as provided by chapter 33, title 54, Idaho
14 Code; state board of engineering examiners, as provided by chapter 12,
15 title 54, Idaho Code; state board for registration of professional geolo-
16 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
17 services licensure board, of hearing aid dealers and fitters, as provided
18 by chapter 29, title 54, Idaho Code; Idaho state board of landscape archi-
19 tects, as provided by chapter 30, title 54, Idaho Code; state board of
20 medicine, as provided by chapter 18, title 54, Idaho Code, and its associ-
21 ated physical therapist advisory board, as provided by chapter 22, title
22 54, Idaho Code; state board of morticians, as provided by chapter 11,
23 title 54, Idaho Code; board of nurses, as provided by chapter 14, title
24 54, Idaho Code; board of examiners of nursing home administrators, as pro-
25 vided by chapter 16, title 54, Idaho Code; state board of optometry, as
26 provided by chapter 15, title 54, Idaho Code; Idaho outfitters and guides
27 board, as provided by chapter 21, title 36, Idaho Code; board of pharmacy,
28 as provided by chapter 17, title 54, Idaho Code; state board of podiatry,
29 as provided by chapter 6, title 54, Idaho Code; Idaho state board of psy-
30 chologist examiners, as provided by chapter 23, title 54, Idaho Code;
31 Idaho real estate commission, as provided by chapter 20, title 54, Idaho
32 Code; real estate appraiser board, as provided by chapter 41, title 54,
33 Idaho Code; board of social work examiners, as provided by chapter 32,
34 title 54, Idaho Code; the board of veterinary medicine, as provided by
35 chapter 21, title 54, Idaho Code; the board of examiners of residential
36 care facility administrators, as provided by chapter 42, title 54, Idaho
37 Code; and the board of drinking water and wastewater professionals, as
38 provided by chapter 24, title 54, Idaho Code.
39 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
40 (d) The division of building safety, to be headed by a division adminis-
41 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
42 public works contractor licensing, and logging and industrial safety. The
43 division administrator and bureau chiefs shall be nonclassified employees
44 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
45 istrator of the division shall administer the provisions of chapter 40,
46 title 39, Idaho Code, relating to manufactured homes and recreational
47 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
48 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
49 installer licensing; chapter 10, title 54, Idaho Code, relating to elec-
50 trical contractors and journeymen; chapter 19, title 54, Idaho Code,
51 relating to licensing of public works contractors; chapter 26, title 54,
52 Idaho Code, relating to plumbing and plumbers; and shall perform such
53 additional duties as are imposed upon him by law. The division administra-
54 tor shall cooperate with the industrial commission and aid and assist the
55 commission in its administration of sections 72-720, 72-721 and 72-723,
16
1 Idaho Code, and at the request of the commission shall make inspection of
2 appliances, tools, equipment, machinery, practices or conditions, and make
3 a written report to the commission. The administrator shall make recommen-
4 dations to the commission to aid the commission in its administration of
5 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that
6 nothing herein shall be construed as transferring to the administrator any
7 of the authority or powers now vested in the industrial commission.
8 (e) The division of veterans services to be headed by a division adminis-
9 trator who shall be a nonclassified employee exempt from the provisions of
10 chapter 53, title 67, Idaho Code. The administrator of the division shall
11 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
12 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
13 sion established under chapter 2, title 65, Idaho Code, and shall perform
14 such additional duties as are imposed upon him by law.
15 (3) The bureau of occupational licenses is hereby created within the
16 department of self-governing agencies.
17 SECTION 4. That Section 67-2602, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
20 licenses created in the department of self-governing agencies by section
21 67-2601, Idaho Code, shall be empowered, by written agreement between the
22 bureau and each agency for which it provides administrative or other services
23 as provided by law, to provide such services for the board of acupuncture,
24 board of architectural examiners, board of barber examiners, board of chiro-
25 practic physicians, board of cosmetology, counselor licensing board, state
26 board of denturitry, speech and hearing services licensure board, of hearing
27 aid dealers and fitters, board of landscape architects, board of morticians,
28 board of examiners of nursing home administrators, board of optometry, board
29 of podiatrists, board of psychologist examiners, real estate appraiser board,
30 board of examiners of residential care facility administrators, board of
31 social work examiners, and such other professional and occupational licensing
32 boards or commodity commissions as may request such services. The bureau may
33 charge a reasonable fee for such services provided any agency not otherwise
34 provided for by law and shall maintain proper accounting methods for all funds
35 under its jurisdiction.
36 (2) Notwithstanding the statutes governing specific boards, for any board
37 that contracts with the bureau of occupational licenses, each board member
38 shall hold office until a successor has been duly appointed and qualified.
39 (3) The department of self-governing agencies, by and through the bureau
40 of occupational licenses, shall be empowered to provide administrative or
41 other services for the administration of chapter 48, title 54, Idaho Code, to
42 issue, suspend, revoke or refuse to renew certificates of registration, to
43 issue subpoenas, to prescribe and impose fees and to assess administrative
44 penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Henbest
Seconded by McGeachin
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 247
1 AMENDMENTS TO SECTION 2
2 On page 3 of the printed bill, in line 47, following "chapter" insert: "or
3 lawfully exempt pursuant to section 54-2905(1)(c), Idaho Code"; on page 4, in
4 line 3, following "chapter" insert: "or lawfully exempt pursuant to section
5 54-2905(1)(c), Idaho Code"; in line 19, delete "or"; in line 25, delete
6 "fitting." and insert: "fitting; or"; following line 25 insert:
7 "(c) Any person working in an Idaho public school setting who has
8 received and holds, in good standing, a pupil personnel services certifi-
9 cate with a speech language pathologist endorsement or audiologist
10 endorsement, or any person working as a speech-language pathologist aide
11 or speech-language pathologist assistant, as those terms are defined in
12 section 54-2903, Idaho Code, in a public school setting under the direc-
13 tion and supervision of a person with such endorsement in good standing.
14 Such persons, while practicing in the public school setting, shall be
15 exempt from all provisions of this chapter; provided however, that any
16 such person working in an Idaho public school setting with a pupil person-
17 nel services certificate with a speech-language pathologist endorsement or
18 audiology endorsement, or a speech-language pathologist aide or speech-
19 language pathologist assistant, shall be prohibited from practicing inde-
20 pendently in a setting other than a public school unless such person is
21 duly licensed as set forth in this chapter.";
22 and on page 9, in line 12, delete "assistant" and insert: "aide".
2
Moved by Sali
Seconded by McGeachin
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 247
1 AMENDMENTS TO SECTION 2
2 On page 12 of the printed bill, in line 1, delete "Engaging" and insert:
3 "When related to the practice for which licensure is required by this chapter,
4 engaging"; in line 44, delete "includes" and insert: "means"; and also in line
5 44, following "licensee" insert: "is not at the relevant time providing ser-
6 vices but for whom the licensee".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 247, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO SPEECH AND HEARING SERVICES; REPEALING CHAPTER 29, TITLE 54, IDAHO
3 CODE, RELATING TO HEARING AID DEALERS AND FITTERS; AMENDING TITLE 54,
4 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 29, TITLE 54, IDAHO CODE, TO
5 SET FORTH THE SPEECH AND HEARING SERVICES PRACTICE ACT, TO PROVIDE A SHORT
6 TITLE, TO PROVIDE A DECLARATION OF POLICY, TO DEFINE TERMS, TO REQUIRE
7 LICENSURE, TO PROVIDE EXEMPTIONS, TO SET FORTH PROVISIONS APPLICABLE TO
8 DEALING AND FITTING OF HEARING AIDS, TO SET FORTH PROVISIONS APPLICABLE TO
9 AUDIOLOGY, SPEECH-LANGUAGE PATHOLOGY, AND HEARING AID DEALERS AND FITTERS
10 SUPPORT PERSONNEL, TO SET FORTH PROVISIONS APPLICABLE TO SPEECH-LANGUAGE
11 PATHOLOGY AIDES AND SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, TO PROVIDE FOR
12 THE SPEECH AND HEARING SERVICES LICENSURE BOARD, TO SET FORTH OFFICER,
13 MEETING AND COMPENSATION PROVISIONS APPLICABLE TO THE BOARD, TO SET FORTH
14 POWERS AND DUTIES OF THE BOARD, TO PROVIDE FOR DISPOSITION OF RECEIPTS AND
15 EXPENSES, TO SET FORTH QUALIFICATIONS FOR LICENSURE FOR AUDIOLOGISTS,
16 SPEECH-LANGUAGE PATHOLOGISTS, SPEECH-LANGUAGE PATHOLOGIST AIDES, SPEECH-
17 LANGUAGE PATHOLOGIST ASSISTANTS AND HEARING AID DEALERS AND FITTERS, TO
18 PROVIDE FOR DUAL LICENSURE, TO SET FORTH EXCEPTIONS TO LICENSURE REQUIRE-
19 MENTS, TO PROVIDE FOR PROVISIONAL PERMITS, TO PROVIDE FOR THE DENIAL OF
20 APPLICATIONS, TO PROVIDE FOR RENEWAL AND REINSTATEMENT OF LICENSES, TO
21 REQUIRE PUBLIC DISPLAY OF LICENSES, TO PROVIDE FOR INACTIVE LICENSES, TO
22 REQUIRE THE REPORTING OF NAME AND ADDRESS CHANGES, TO SET FORTH GROUNDS
23 FOR DISCIPLINARY ACTION AND DENIAL OF LICENSURE, TO SET FORTH PROVISIONS
24 APPLICABLE TO INVESTIGATIONS AND DISCIPLINARY ACTIONS, TO PROVIDE FOR PEN-
25 ALTIES, TO PROVIDE JUDICIAL REVIEW, TO PROHIBIT CERTAIN PRACTICES AND TO
26 SET FORTH PENALTIES; AND AMENDING SECTIONS 67-2601 AND 67-2602, IDAHO
27 CODE, TO PROVIDE REFERENCES TO THE SPEECH AND HEARING SERVICES LICENSURE
28 BOARD.
29 Be It Enacted by the Legislature of the State of Idaho:
30 SECTION 1. That Chapter 29, Title 54, Idaho Code, be, and the same is
31 hereby repealed.
32 SECTION 2. That Title 54, Idaho Code, be, and the same is hereby amended
33 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
34 ter 29, Title 54, Idaho Code, and to read as follows:
35 CHAPTER 29
36 SPEECH AND HEARING SERVICES PRACTICE ACT
37 54-2901. SHORT TITLE. This chapter shall be known and may be cited as the
38 "Speech and Hearing Services Practice Act."
39 54-2902. DECLARATION OF POLICY. To protect the public health, safety and
40 welfare, and to provide for administrative supervision, licensure and regula-
2
1 tion, every person practicing or offering to practice audiology, speech-
2 language pathology, or hearing aid dealing and fitting services as defined in
3 this chapter, who meets and maintains prescribed standards of competence and
4 conduct, shall be licensed as provided in this chapter. This chapter shall be
5 liberally construed to promote the public interest and to accomplish the pur-
6 pose stated herein.
7 54-2903. DEFINITIONS. As used in this chapter:
8 (1) "Applicant" means a person applying for a license or permit under
9 this chapter.
10 (2) "Audiologist" means a natural person who meets the requirements of
11 this chapter, is duly licensed in accordance with this chapter and is engaged
12 in the practice of audiology.
13 (3) "Board" means the speech and hearing services licensure board.
14 (4) "Bureau" means the bureau of occupational licenses.
15 (5) "Department" means the department of self-governing agencies.
16 (6) "Hearing aid" means any wearable electronic instrument or other
17 device designed for the purpose of aiding or compensating for impaired human
18 hearing and any parts, attachments or accessories, including earmolds attached
19 to the hearing aid, but excluding batteries and cords. "Hearing aid" does not
20 include those devices classified by the federal drug administration as
21 assistive listening devices.
22 (7) "Hearing aid dealer and fitter" means a person licensed pursuant to
23 this chapter to provide hearing aid evaluations and to sell, dispense and fit
24 hearing aids in the state of Idaho.
25 (8) "Hearing aid evaluation" means the measurement of human hearing for
26 the purpose of selecting or adapting a hearing aid, and not for obtaining med-
27 ical diagnosis or legal documentation, and includes the following:
28 (a) Air conduction threshold testing;
29 (b) Bone conduction threshold testing;
30 (c) Speech reception threshold testing;
31 (d) Speech discrimination testing;
32 (e) Most comfortable loudness level testing; and
33 (f) Uncomfortable loudness level testing.
34 (9) "Improper fitting" means a pattern of hearing aid selections or
35 adaptations which cause physical damage to any portion of the ear, in which
36 the electroacoustic characteristics of the hearing aid are inadequate for the
37 consumer, or in which the hearing aid is physically or acoustically unsuited
38 to the consumer including, but not limited to:
39 (a) An all-in-the-ear hearing aid which continually falls out of the ear;
40 (b) Any hearing aid or earmold which causes inappropriate feedback, pain
41 or discomfort to the ear within thirty (30) days of the original delivery
42 of the hearing aid to the consumer;
43 (c) Fitting a consumer with impacted cerumen; or
44 (d) Fitting a consumer with either an apparent unilateral sensorineural
45 hearing loss or a significant air-bone gap without prior medical evalua-
46 tion and approval.
47 (10) "License" means a license issued by the board under this chapter
48 authorizing practice as a speech-language pathologist, audiologist, or hearing
49 aid dealer and fitter.
50 (11) "Practice of audiology" means to apply the principles, methods and
51 procedures of measurement, evaluation, testing, counseling, consultation and
52 instruction that relate to the development and disorders of hearing,
53 vestibular functions and related language and speech disorders to prevent,
54 modify or rehabilitate the disorders or to assist individuals in auditory and
3
1 related skills for communication, and may include intraoperative monitoring
2 and the fitting, adjustment, programming, selling and dispensing of hearing
3 aids and assistive devices.
4 (12) "Practice of fitting and dealing in hearing aids" means the selec-
5 tion, adaptation, dispensing, fitting or sale of hearing aids, and includes
6 the testing of hearing by means of an audiometer, or by any other device
7 designed specifically for these purposes. The practice also includes the mak-
8 ing of impressions for earmolds.
9 (13) "Practice of speech-language pathology" means the application of
10 principles, methods and procedures of measurement, evaluation, testing, coun-
11 seling, rehabilitation, screening, consultation and instruction that relate to
12 the development and disorders of human communication including, but not lim-
13 ited to, speech (articulation, fluency, voice, accent reduction) and language,
14 swallowing, cognitive communication disorders, augmentative and alternative
15 communication systems and related hearing disorders.
16 (14) "Provisional permit" means a permit issued to an applicant who is
17 registered to obtain required experience to become licensed.
18 (15) "Speech-language pathologist" means a natural person who meets the
19 requirements of this chapter, is duly licensed in accordance with this chap-
20 ter, and who engages in the practice of speech-language pathology.
21 (16) "Speech-language pathologist aide" means a natural person who meets
22 the requirements of this chapter, is duly licensed in accordance with this
23 chapter, and who works under the direction and supervision of a speech-
24 language pathologist. A speech-language pathologist aide shall not act or pro-
25 vide services independently of a supervising speech-language pathologist
26 licensed in Idaho.
27 (17) "Speech-language pathologist assistant" means a natural person who
28 meets the requirements of this chapter, is duly licensed in accordance with
29 this chapter, and works under the direction and supervision of a speech-
30 language pathologist. A speech-language pathologist assistant shall not act or
31 provide services independently of a supervising speech-language pathologist
32 licensed in Idaho.
33 54-2904. LICENSE REQUIRED. (1) Except as otherwise provided in this chap-
34 ter, it shall be unlawful for any person to engage in the practice or to per-
35 form or offer to practice audiology or speech-language pathology or to act as
36 a hearing aid dealer or fitter unless such person is duly licensed in accor-
37 dance with this chapter. A license issued pursuant to this chapter shall be
38 posted in the licensee's established place of business or carried upon the
39 person, and shall be presented as proof of licensure upon demand.
40 (2) It is unlawful for any person or business entity, or its employees,
41 agents or representatives, to use in connection with his or her name, or name
42 of activity of the business, the words "audiologist," "audiometrist," "hearing
43 clinician," "hearing therapist," or any other title, abbreviation or insignia
44 indicating or implying directly or indirectly that such person, business
45 entity, employee, agent or representative is engaged in the practice of
46 audiology, unless such services are provided by an audiologist licensed in
47 accordance with this chapter or lawfully exempt pursuant to section
48 54-2905(1)(c), Idaho Code.
49 (3) It is unlawful for any person or business entity, or its employees,
50 agents or representatives, to use in connection with his or her name, or name
51 of activity of the business, the words "speech pathologist," "speech thera-
52 pist," "speech correctionist," "speech clinician," "language therapist,"
53 "language pathologist," "voice therapist," "voice pathologist," "logopedist,"
54 "communicologist," "aphasiologist," or any other title, abbreviation or insig-
4
1 nia indicating or implying directly or indirectly that such person, business
2 entity, employee, agent or representative is engaged in the practice of
3 speech-language pathology, unless such services are provided by a speech-
4 language pathologist licensed in accordance with this chapter or lawfully
5 exempt pursuant to section 54-2905(1)(c), Idaho Code.
6 (4) It is unlawful for any person or business entity, or its employees,
7 agents or representatives, to use in connection with his or her name, or name
8 of activity of the business, the words "hearing aid dealer and fitter" or any
9 other title, abbreviation or insignia indicating or implying directly or indi-
10 rectly that such person, business entity, employee, agent or representative is
11 engaged in the practice of audiology or hearing aid dealing and fitting,
12 unless such services are provided by an audiologist or hearing aid dealer and
13 fitter licensed in accordance with this chapter.
14 54-2905. EXEMPTIONS. (1) Nothing in this chapter shall be construed to
15 restrict:
16 (a) Any person licensed or regulated by the state of Idaho from engaging
17 in the profession or practice for which he or she is licensed or regulated
18 including, but not limited to, any certified or accredited teacher of the
19 deaf, nurse, physician, occupational therapist, physical therapist, sur-
20 geon, or any other licensed or regulated practitioner of the healing arts;
21 (b) Any employee working under the direct supervision of those persons
22 referred to in this section, so long as such employee does not hold him-
23 self or herself out as an audiologist, speech-language pathologist,
24 speech-language pathologist aide or assistant, hearing aid dealer or fit-
25 ter, or a person engaged in the practice of audiology, speech-language
26 pathology or hearing aid dealing and fitting; or
27 (c) Any person working in an Idaho public school setting who has received
28 and holds, in good standing, a pupil personnel services certificate with a
29 speech language pathologist endorsement or audiologist endorsement, or any
30 person working as a speech-language pathologist aide or speech-language
31 pathologist assistant, as those terms are defined in section 54-2903,
32 Idaho Code, in a public school setting under the direction and supervision
33 of a person with such endorsement in good standing. Such persons, while
34 practicing in the public school setting, shall be exempt from all provi-
35 sions of this chapter; provided however, that any such person working in
36 an Idaho public school setting with a pupil personnel services certificate
37 with a speech-language pathologist endorsement or audiology endorsement,
38 or a speech-language pathologist aide or speech-language pathologist
39 assistant, shall be prohibited from practicing independently in a setting
40 other than a public school unless such person is duly licensed as set
41 forth in this chapter.
42 (2) Licensure shall not be required for persons pursuing a course of
43 study leading to a degree in audiology, speech-language pathology, or hearing
44 aid dealing and fitting at a college or university with a curriculum accept-
45 able to the board provided that:
46 (a) Activities and services otherwise regulated by this chapter consti-
47 tute a part of a planned course of study at that institution;
48 (b) Such persons are designated by a title such as "intern," "trainee,"
49 "student," or by other such title clearly indicating the status appropri-
50 ate to their level of education; and
51 (c) Such persons work under the supervision of a person licensed by this
52 state to practice audiology, speech-language pathology or hearing aid
53 dealing and fitting in accordance with administrative rules governing
54 supervision as adopted by the board. The supervising audiologist, speech-
5
1 language pathologist or hearing aid dealer and fitter accepts full respon-
2 sibility for the activities and services provided by such persons super-
3 vised.
4 (3) Nothing in this chapter shall restrict a person residing in another
5 state or country and authorized to practice audiology, speech-language pathol-
6 ogy or hearing aid dealing or fitting there, who is called in consultation by
7 a person licensed in this state to practice audiology, speech-language pathol-
8 ogy, or hearing aid dealing and fitting, or who for the purpose of furthering
9 audiology, speech-language pathology or hearing aid dealing and fitting educa-
10 tion is invited into this state to conduct a lecture, clinic or demonstration,
11 while engaged in activities in connection with the consultation, lecture,
12 clinic or demonstration, so long as such person does not open an office or
13 appoint a place to meet clients or receive calls in this state.
14 54-2906. DEALING AND FITTING OF HEARING AIDS. (1) The board shall have
15 the authority to promulgate, by rule, written contract forms that are in com-
16 pliance with the provisions of this chapter.
17 (2) Any licensed audiologist or hearing aid dealer and fitter who fits
18 and dispenses hearing aids shall provide to each client:
19 (a) A written contract executed between the audiologist or hearing aid
20 dealer and fitter, and the client, in accordance with rules established by
21 the board for each hearing aid dispensed;
22 (b) A minimum thirty (30) day trial period that shall include a provision
23 for the refund of moneys paid for every hearing aid dispensed; and
24 (c) Written notice of the name, mailing address and telephone number of
25 the board.
26 (3) A person licensed as a hearing aid dealer and fitter shall, when
27 dealing with a person eighteen (18) years of age or younger, obtain written
28 confirmation that such person has been examined by a licensed otolaryngologist
29 or audiologist within thirty (30) days of the sale of any hearing aid.
30 54-2907. AUDIOLOGY, SPEECH-LANGUAGE PATHOLOGY AND HEARING AID DEALERS AND
31 FITTERS SUPPORT PERSONNEL -- SPEECH-LANGUAGE PATHOLOGY AIDES AND SPEECH-
32 LANGUAGE PATHOLOGY ASSISTANTS. (1) Audiology, speech-language pathology and
33 hearing aid dealer and fitter support personnel must be trained under the
34 direction of an audiologist, speech-language pathologist or hearing aid dealer
35 and fitter, respectively, and may only perform designated and supervised rou-
36 tine audiology, speech-language pathology or hearing aid dealer and fitter
37 tasks, respectively.
38 (2) Support personnel, speech-language pathology aides and speech-
39 language pathology assistants shall not act independently and shall only work
40 under the direction and supervision of an audiologist, speech-language pathol-
41 ogist or hearing aid dealer and fitter, respectively, licensed under this
42 chapter.
43 (3) The supervising audiologist, speech-language pathologist or hearing
44 aid dealer and fitter accepts full responsibility for the tasks and activities
45 of support personnel and speech-language pathology aides and assistants under
46 their direction and supervision.
47 (4) Support personnel, aides and assistants shall at all times be desig-
48 nated by the title "support personnel," "aide" or "assistant," respectively,
49 which clearly identifies such person's status as support personnel or as an
50 aide or assistant, and such person shall not use any prohibited title as set
51 forth in section 54-2904, Idaho Code.
52 (5) The board shall establish rules to define the role of audiology,
53 speech-language pathology and hearing aid dealer and fitter support personnel
6
1 and speech-language pathology aides and assistants including, but not limited
2 to:
3 (a) Supervisory responsibilities of the licensee;
4 (b) Ratio of support personnel, aides or assistants to licensees;
5 (c) Designation of support personnel's designated and supervised routine
6 audiology, speech-language pathology or hearing aid dealer and fitter
7 tasks, restrictions and responsibilities;
8 (d) Scope of practice for speech-language pathology aides and assistants,
9 restrictions, and responsibilities;
10 (e) Frequency, duration and documentation of direct, on-site supervision;
11 and
12 (f) The quantity and content of preservice and in-service instruction.
13 54-2908. SPEECH AND HEARING SERVICES LICENSURE BOARD. (1) There is hereby
14 established in the department of self-governing agencies a speech and hearing
15 services licensure board. The board shall consist of seven (7) members
16 appointed by the governor. The governor may consider recommendations for
17 appointment to the board from the Idaho speech-language hearing association,
18 any Idaho association of hearing aid dealers and fitters, and any individual
19 residing in this state. Three (3) members of the board shall be speech-
20 language pathologists, two (2) members shall be audiologists, one (1) member
21 shall be a hearing aid dealer and fitter, and one (1) member shall be
22 appointed from the public at-large. Each nonpublic member shall:
23 (a) Have been a resident of the state of Idaho for no less than one (1)
24 year immediately preceding his or her appointment;
25 (b) Have been engaged in rendering services to the public, teaching, or
26 performing research in the field of audiology, speech-language pathology,
27 or hearing aid dealing and fitting for a period of not less than five (5)
28 years preceding his or her appointment;
29 (c) Be a currently practicing audiologist, speech-language pathologist or
30 hearing aid dealer and fitter; and
31 (d) At all times during such appointment to the board, maintain a valid
32 license in audiology, speech-language pathology or hearing aid dealing and
33 fitting, except for the first appointees who shall meet the eligibility
34 requirements for licensure as specified in this chapter at all times after
35 initial appointment.
36 (2) The public member appointed as provided herein shall have been a res-
37 ident of the state of Idaho for not less than one (1) year immediately preced-
38 ing his appointment. Further, such public member shall not be associated with
39 or financially interested in the practice or business of audiology, speech-
40 language pathology or hearing aid dealing and fitting, nor shall such public
41 member be engaged in an allied or related profession or occupation.
42 (3) Each member shall serve a term of three (3) years, which shall be
43 staggered as follows: The initial licensure board shall have two (2) members
44 whose terms expire July 1, 2006; two (2) members whose terms expire on July 1,
45 2007; and three (3) members whose terms expire on July 1, 2008. Terms shall
46 begin on the first day of the calendar year and end on the last day of the
47 calendar year or until successors are appointed, except for the first
48 appointed members who shall serve through the last calendar day of the year in
49 which they are appointed, before commencing the terms prescribed in this sec-
50 tion. A member may be appointed to serve for one (1) additional three (3) year
51 term. In the event of a vacancy other than by expiration of a term, the board
52 shall appoint a qualified person to fill the vacancy for the unexpired term.
53 (4) Members shall disqualify themselves and, upon the motion of any
54 interested party may, upon proper showing, be disqualified in any proceeding
7
1 concerning which they have an actual conflict of interest or bias that inter-
2 feres with their fair and impartial service.
3 (5) The governor may remove any member of the board from the membership
4 of the board who is guilty of malfeasance, misfeasance or nonfeasance.
5 54-2909. OFFICERS -- QUORUM -- MEETINGS -- COMPENSATION. (1) The board,
6 within sixty (60) days after the effective date of this act and annually
7 thereafter, shall hold a meeting and elect one (1) of its members as chairper-
8 son, to serve a one (1) year term in such capacity, who shall preside at meet-
9 ings of the board. In the event the chairperson is not present at any board
10 meeting, the board may by majority vote of the members present appoint a tem-
11 porary chairperson.
12 (2) Four (4) members of the board shall constitute a quorum, provided at
13 least one (1) audiologist, one (1) speech-language pathologist, the hearing
14 aid dealer and fitter member and the public member are present. The board may
15 act by virtue of a majority vote of members present in which a quorum is pres-
16 ent.
17 (3) The board shall meet at least two (2) times per year at a place, day
18 and hour determined by the board. Other meetings may be convened at the call
19 of the chairperson or upon the written request of any two (2) board members.
20 (4) Members of the board shall be compensated as provided by section
21 59-509(n), Idaho Code.
22 54-2910. POWERS AND DUTIES OF THE BOARD. The board shall have the author-
23 ity to administer, coordinate and enforce the provisions of this chapter
24 including, but not limited to:
25 (1) Evaluate the qualifications of applicants for licensure, approve and
26 administer examinations to test the knowledge and proficiency of applicants
27 for licensure, and approve or deny the registration and issuance and renewal
28 of licenses and permits;
29 (2) Authorize all disbursements necessary to carry out the provisions of
30 this chapter;
31 (3) Promulgate rules not inconsistent with the laws of this state which
32 are necessary to carry out the provisions of this chapter including, but not
33 limited to, ethical standards of practice;
34 (4) Adopt rules allowing for continuing education;
35 (5) Obtain restraining orders and injunctions prohibiting conduct in
36 violation of the provisions of this chapter, conduct investigations, issue
37 subpoenas, examine witnesses and administer oaths, concerning practices which
38 are alleged to violate the provisions of this chapter;
39 (6) Suspend or revoke or otherwise sanction licenses in the manner pro-
40 vided in this chapter, or place a person holding a license under this chapter
41 on probation;
42 (7) Require as a condition of receiving or retaining a license issued
43 under this chapter that restitution be paid to a consumer;
44 (8) Require the inspection of testing equipment and facilities of persons
45 engaging in any practice pursuant to this chapter; and
46 (9) Authorize, by written agreement, the bureau of occupational licenses
47 to act as its agent in its interest.
48 54-2911. DISPOSITION OF RECEIPTS -- EXPENSES. All moneys received pursu-
49 ant to the provisions of this chapter shall be deposited to the occupational
50 license fund. All expenses incurred pursuant to the provisions of this chapter
51 shall be paid from the occupational fund.
8
1 54-2912. QUALIFICATIONS FOR LICENSURE -- AUDIOLOGIST. (1) To be eligible
2 for licensure by the board as an audiologist, the applicant shall:
3 (a) File a written application with the board on forms prescribed and
4 furnished by the board. A nonrefundable application fee shall accompany
5 the completed written application. Such fees shall be established by the
6 administrative rules of the board and shall be in such amounts as are rea-
7 sonable and necessary for the proper execution and enforcement of this
8 chapter;
9 (b) Provide documentation satisfactory to the board that the applicant
10 possesses a master's or doctoral degree with emphasis in audiology or not
11 less than seventy-five (75) semester credit hours of post-baccalaureate
12 study that culminates in a doctoral or other recognized degree from a
13 nationally accredited school for audiology with a curriculum acceptable to
14 the board;
15 (c) Pass an examination in audiology approved by the board;
16 (d) Meet the current supervised academic clinical practicum, and super-
17 vised postgraduate professional experience approved by the board;
18 (e) Have never had a license for audiology revoked as part of disciplin-
19 ary action from this or any other state, and shall not be found by the
20 board to have engaged in conduct prohibited by section 54-2923, Idaho
21 Code, provided however, the board may take into consideration the rehabil-
22 itation of the applicant and other mitigating circumstances.
23 (2) The applicant shall disclose on his written application:
24 (a) Any criminal conviction or charge, other than minor traffic infrac-
25 tions, against the applicant;
26 (b) Any disciplinary action taken against the applicant by any profes-
27 sional regulatory agency, including any agency within the state or any
28 other state; and
29 (c) Any denial of registration or licensure by any state or district reg-
30 ulatory body.
31 (3) The board may require an applicant to be personally interviewed by
32 the board or a designated committee of the board. The interview shall be lim-
33 ited to a review of the applicant's qualifications and professional creden-
34 tials.
35 54-2913. QUALIFICATIONS FOR LICENSURE -- SPEECH-LANGUAGE PATHOLOGIST. (1)
36 To be eligible for licensure as a speech-language pathologist the applicant
37 shall:
38 (a) File a written application with the board on forms prescribed and
39 furnished by the board. A nonrefundable application fee shall accompany
40 the completed written application. Such fees shall be established by the
41 administrative rules of the board and shall be in such amounts as are rea-
42 sonable and necessary for the proper execution and enforcement of this
43 chapter.
44 (b) Provide documentation satisfactory to the board that the applicant
45 possesses a master's or doctoral degree from a nationally accredited
46 school of speech-language pathology with a curriculum acceptable to the
47 board.
48 (c) Pass an examination in speech-language pathology approved by the
49 board.
50 (d) Meet the current supervised academic clinical practicum and super-
51 vised postgraduate professional experience approved by the board.
52 (e) Have never had a license for speech-language pathology revoked as
53 part of disciplinary action from this or any other state and shall not be
54 found by the board to have engaged in conduct prohibited by section
9
1 54-2923, Idaho Code, provided however, the board may take into consider-
2 ation the rehabilitation of the applicant and other mitigating circum-
3 stances.
4 (2) The applicant shall disclose on his written application:
5 (a) Any criminal conviction or charge, other than minor traffic infrac-
6 tions, against the applicant;
7 (b) Any disciplinary action taken against the applicant by any profes-
8 sional regulatory agency, including any agency within the state or any
9 other state; and
10 (c) Any denial of registration or licensure by any state or district reg-
11 ulatory body.
12 (3) The board may require an applicant to be personally interviewed by
13 the board or a designated committee of the board. The interview shall be lim-
14 ited to a review of the applicant's qualifications and professional creden-
15 tials.
16 54-2914. QUALIFICATIONS FOR LICENSURE -- SPEECH-LANGUAGE PATHOLOGIST
17 AIDE. (1) To be eligible for licensure as a speech-language pathologist aide
18 the applicant shall:
19 (a) File a written application with the board on forms prescribed and
20 furnished by the board. A nonrefundable application fee shall accompany
21 the completed written application. Such fees shall be established by the
22 administrative rules of the board and shall be in such amounts as are rea-
23 sonable and necessary for the proper execution and enforcement of this
24 chapter;
25 (b) Provide documentation satisfactory to the board that the applicant
26 possesses a baccalaureate degree from a nationally accredited school of
27 speech-language pathology aide with a curriculum acceptable to the board;
28 (c) Pass an examination in speech-language pathology aide approved by the
29 board;
30 (d) Have never had a license for speech-language pathology aide revoked
31 as part of disciplinary action from this or any other state and shall not
32 be found by the board to have engaged in conduct prohibited by section
33 54-2923, Idaho Code. Provided however, the board may take into consider-
34 ation the rehabilitation of the applicant and other mitigating circum-
35 stances.
36 (2) The applicant shall disclose on his written application:
37 (a) Any criminal conviction or charge, other than minor traffic infrac-
38 tions, against the applicant;
39 (b) Any disciplinary action taken against the applicant by any profes-
40 sional regulatory agency, including any agency within the state or any
41 other state; and
42 (c) Any denial of registration or licensure by any state or district reg-
43 ulatory body.
44 (3) The board may require an applicant to be personally interviewed by
45 the board or a designated committee of the board. The interview shall be lim-
46 ited to a review of the applicant's qualifications and professional creden-
47 tials.
48 54-2915. QUALIFICATIONS FOR LICENSURE -- SPEECH-LANGUAGE PATHOLOGIST
49 ASSISTANT. (1) To be eligible for licensure as a speech-language pathologist
50 assistant the applicant shall:
51 (a) File a written application with the board on forms prescribed and
52 furnished by the board. A nonrefundable application fee shall accompany
53 the completed written application. Such fees shall be established by the
10
1 administrative rules of the board and shall be in such amounts as are rea-
2 sonable and necessary for the proper execution and enforcement of this
3 chapter;
4 (b) Provide documentation satisfactory to the board that the applicant
5 possesses an associate's degree from a nationally accredited school of
6 speech-language pathology assistant with a curriculum acceptable to the
7 board;
8 (c) Pass an examination in speech-language pathology assistant approved
9 by the board; and
10 (d) Have never had a license for speech-language pathology assistant
11 revoked as part of disciplinary action from this or any other state and
12 shall not be found by the board to have engaged in conduct prohibited by
13 section 54-2923, Idaho Code, provided however, the board may take into
14 consideration the rehabilitation of the applicant and other mitigating
15 circumstances.
16 (2) The applicant shall disclose on his written application:
17 (a) Any criminal conviction or charge, other than minor traffic infrac-
18 tions, against the applicant;
19 (b) Any disciplinary action taken against the applicant by any profes-
20 sional regulatory agency, including any agency within the state or any
21 other state; and
22 (c) Any denial of registration or licensure by any state or district reg-
23 ulatory body.
24 (3) The board may require an applicant to be personally interviewed by
25 the board or a designated committee of the board. The interview shall be lim-
26 ited to a review of the applicant's qualifications and professional creden-
27 tials.
28 54-2916. QUALIFICATIONS FOR LICENSURE -- HEARING AID DEALER AND FITTER.
29 To be eligible for licensure as a hearing aid dealer and fitter, the applicant
30 shall:
31 (1) Provide verification acceptable to the board of:
32 (a) Being at least twenty-one (21) years of age;
33 (b) Good moral character and temperate habits;
34 (c) Never having had a license revoked or otherwise sanctioned as part of
35 disciplinary action from this or any other state;
36 (d) Never having been convicted, found guilty, or received a withheld
37 judgment for any felony; and
38 (e) Never having been found by the board to have engaged in conduct pro-
39 hibited by this chapter, provided however, the board may take into consid-
40 eration the rehabilitation of the applicant and other mitigating circum-
41 stances when considering applications for licensure;
42 (2) Provide educational documentation satisfactory to the board that the
43 applicant has successfully graduated from a four (4) year course at an accred-
44 ited high school or the equivalent; and
45 (3) Provide documentation that the applicant has successfully passed an
46 examination approved by the board.
47 54-2917. DUAL LICENSURE. A person may be licensed as both an audiologist
48 and a speech-language pathologist if such person duly meets the requirements
49 of licensure for both. A person obtaining licensure as both an audiologist and
50 a speech-language pathologist shall be charged fees as though the person had
51 obtained only one (1) license.
52 54-2918. EXCEPTION TO LICENSURE REQUIREMENTS. (1) Prior to July 1, 2006,
11
1 the board may deem other education or examination equivalent to licensure
2 requirements, provided that the board is satisfied, and the applicant provides
3 documentation acceptable to the board, that such applicant:
4 (a) Has engaged in the practice of audiology or speech-language pathology
5 in this state prior to July 1, 2005, as provided in administrative rules;
6 and
7 (b) Has practiced for not less than five (5) years in the field for which
8 such applicant is applying for licensure under this chapter; and
9 (c) Applies for licensure prior to July 1, 2006.
10 (2) For applicants who received their professional education outside of
11 the United States, the board may deem such education acceptable, provided that
12 the board is satisfied, and the applicant provides documentation acceptable to
13 the board, that equivalent education requirements have been met. The board, in
14 its discretion, may require by rule that applicants who received their profes-
15 sional education outside of the United States provide additional information
16 to the board concerning such professional education. The board may also, in
17 its discretion, require successful completion of additional coursework before
18 proceeding with the application process.
19 54-2919. PROVISIONAL PERMIT. The board shall adopt rules providing for a
20 provisional permit to allow a person to engage in the practice of audiology or
21 speech-language pathology while completing either the required postgraduate
22 experience or a comparable experience as part of a doctoral program in
23 audiology as required by this chapter. The board may further provide for a
24 provisional permit to allow a person to engage in fitting and dealing hearing
25 aids pursuant to rules adopted by the board. The holder of a provisional per-
26 mit may practice only while under the supervision of a person fully licensed
27 under this chapter.
28 54-2920. DENIAL OF APPLICATION. An application for licensure that has
29 been denied by the board shall be considered a contested case as provided for
30 in chapter 52, title 67, Idaho Code, and shall be subject to the provisions of
31 that chapter as well as the administrative rules adopted by the board govern-
32 ing contested cases.
33 54-2921. RENEWAL AND REINSTATEMENT OF LICENSES -- PUBLIC DISPLAY --
34 INACTIVE LICENSE. (1) All licenses issued under the provisions of this chapter
35 shall be subject to annual renewal and shall expire unless renewed in the man-
36 ner prescribed by the board regarding applications for renewal, continuing
37 education, and fees. License renewal and reinstatement shall be in accordance
38 with section 67-2614, Idaho Code.
39 (2) Each person licensed pursuant to this chapter shall, on or before the
40 expiration of his or her license, submit an application and pay to the board a
41 license fee for a renewal of the license and shall keep such license posted in
42 his or her office or established place of business at all times.
43 (3) The board may issue inactive licenses pursuant to rules adopted by
44 the board that may specify the terms and procedures necessary to maintain an
45 inactive license. The holder of an inactive license shall not engage in any
46 practice defined by this chapter.
47 54-2922. REPORTING OF NAME OR ADDRESS CHANGE. All licensed audiologists,
48 speech-language pathologists, speech-language pathology aides and assistants,
49 and hearing aid dealers and fitters shall report to the board any name change
50 or changes in business and home addresses prior to the expiration of thirty
51 (30) days after the change becomes final.
12
1 54-2923. GROUNDS FOR DISCIPLINARY ACTION AND DENIAL. The following con-
2 duct, acts or conditions shall constitute grounds for disciplinary action and
3 grounds for denial of an application for licensure or renewal:
4 (1) The conviction of any felony or being convicted of any crime which
5 has a bearing on any practice pursuant to this chapter. Conviction, as used in
6 this subsection (1), shall include a finding of verdict of guilt, an admission
7 of guilt, or a plea of nolo contendere or its equivalent. The record of con-
8 viction, or a certified copy thereof, certified by the clerk of the court or
9 by the judge in whose court the conviction occurred, shall be conclusive evi-
10 dence of such conviction;
11 (2) Obtaining or attempting to obtain a license or registration by fraud,
12 misrepresentation, omission or deceit, or making misleading, deceptive, untrue
13 or fraudulent representations in violation of this chapter or in the practice
14 of the profession;
15 (3) When related to the practice for which licensure is required by this
16 chapter, engaging in incompetent or unethical conduct, or practicing or offer-
17 ing to practice beyond the scope of the practice as defined in this chapter,
18 or committing an intentional, negligent, or reckless act or failing to act, or
19 engaging in practice that fails to meet the standard of care provided by
20 licensees in the same or similar communities;
21 (4) Practicing when physical or mental abilities are impaired by includ-
22 ing, but not limited to, the use of controlled substances or other drugs,
23 chemicals or alcohol, or having been adjudged mentally incompetent by a court
24 of competent jurisdiction;
25 (5) Engaging in practice under a false name or alias or using or attempt-
26 ing to use an invalid license or a license that has been unlawfully purchased,
27 fraudulently obtained, counterfeited or materially altered;
28 (6) Failing to administer necessary tests utilizing appropriate, estab-
29 lished procedures and instrumentation;
30 (7) Engaging in improper practice or promoting unnecessary devices,
31 treatment, intervention or service for the financial gain of the practitioner
32 or of a third party;
33 (8) Failing to pay a valid judgment that arose out of any practice pursu-
34 ant to this chapter within two (2) months of the date that the judgment became
35 final;
36 (9) Having had a license revoked or suspended, other disciplinary action
37 taken or an application for licensure or license renewal refused, revoked or
38 suspended by the proper authorities of another state, territory or country, or
39 omitting such information from any application to the board, or failure to
40 divulge such information when requested by the board;
41 (10) Failing to notify the board of any change of address of a place of
42 business within thirty (30) days of the date of such change;
43 (11) Failing to meet continuing education requirements as established by
44 the board;
45 (12) Failing to provide refunds pursuant to the terms of a written con-
46 tract entered into by the consumer and the licensee;
47 (13) Failing to properly or adequately supervise any permit holder, sup-
48 port person, or assistant in accordance with this chapter and the administra-
49 tive rules adopted by the board, or aiding or abetting a person not licensed
50 in this state who directly or indirectly performs activities requiring a
51 license;
52 (14) Committing any act of sexual contact, misconduct, exploitation or
53 intercourse with a client or former client or related to the licensee's prac-
54 tice, provided:
55 (a) Consent of the client shall not be a defense;
13
1 (b) This subsection (14) shall not apply to sexual contact between a
2 licensee and such licensee's spouse or a person in a domestic relationship
3 with the licensee who is also a client;
4 (c) A former client means a client for whom the licensee is not at the
5 relevant time providing services but for whom the licensee has provided
6 services within the last twelve (12) months; and
7 (d) Sexual or romantic relationships with former clients beyond the
8 period of time set forth herein may also be a violation if the licensee
9 uses or exploits the trust, knowledge, emotions or influence derived from
10 the prior professional relationship with the client;
11 (15) Failing to report to the board any act or omission of a licensee,
12 applicant, or any other person, which violates any provision of this chapter;
13 (16) Interfering with a board investigation or disciplinary proceeding by
14 willful misrepresentation of facts, failure to provide information upon
15 request from the board, or by use of threats or harassment against any client
16 or witness to prevent them from providing evidence in a disciplinary proceed-
17 ing, investigation or other legal action;
18 (17) Violating any provisions of this chapter, board rules, adopted codes
19 of ethics or other applicable federal or state statutes or rules including,
20 but not limited to, the Idaho consumer protection act, relating directly or
21 indirectly to any practice pursuant to this chapter.
22 54-2924. INVESTIGATIONS AND DISCIPLINARY ACTIONS -- PROCEDURES. (1) The
23 board is authorized to institute any investigation, hearing or other legal
24 proceeding necessary to effect compliance with this chapter.
25 (2) The board or its hearing officer, upon a finding that action is nec-
26 essary, shall have the power pursuant to this chapter to administer oaths,
27 take depositions of witnesses within or without the state in the manner pro-
28 vided by the administrative rules adopted by the board, and shall have power
29 throughout the state of Idaho to require the attendance of such witnesses and
30 the production of such books, records and papers as it may desire at any hear-
31 ing and for that purpose the board may issue a subpoena for any witness or a
32 subpoena duces tecum to compel the production of any books, records or papers,
33 directed to the sheriff of any county of the state of Idaho, where such wit-
34 ness resides or may be found, which shall be served and returned. The board
35 may require a licensee to be examined to determine his or her mental or physi-
36 cal competence when the board has probable cause to believe the licensee is
37 suffering from an impairment that might impede his or her ability to practice
38 competently. The board may accept a voluntary restriction offered by a licen-
39 see on a licensee's scope of practice due to impairment of the licensee's com-
40 petence.
41 (3) When it is brought to the attention of the board by the written
42 statement of any person that a person licensed under this chapter has done any
43 act or thing in violation of any provision of this chapter, the board shall
44 make an investigation of such person and, if it is determined there is proba-
45 ble cause to institute proceedings against such person, the board shall com-
46 mence a formal proceeding against the person in accordance with chapter 52,
47 title 67, Idaho Code, and with the administrative rules adopted by the board.
48 (4) The board may investigate any person to the extent necessary to
49 determine if the person is engaged in the unlawful practice of audiology or
50 speech-language pathology. If an investigation indicates that a person may be
51 practicing audiology or speech-language pathology unlawfully, the board shall
52 inform the person of the alleged violation. The board shall refer all viola-
53 tions of this section made known to it to appropriate prosecuting attorneys
54 whether or not the person ceases the unlawful practice. The board may render
14
1 assistance to a prosecuting attorney in the prosecution of a case pursuant to
2 this section.
3 (5) The board may, in the name of the people of the state of Idaho, apply
4 for injunctive relief in any court of competent jurisdiction to enjoin any
5 person from committing any act in violation of this chapter. Such injunction
6 proceedings shall be in addition to, and not in lieu of, all penalties and
7 other remedies provided for in this chapter.
8 54-2925. DISCIPLINARY ACTIONS -- PENALTIES. The board, upon receipt of a
9 recommendation received from the licensure board that a person has violated
10 any provision of this chapter, may take the following disciplinary actions
11 singly or in combination:
12 (1) Issue a formal reprimand;
13 (2) Require additional education as a requirement for continued practice;
14 (3) Impose restrictions and/or conditions as to scope of practice, place
15 of practice, supervision of practice, duration of license status, or type or
16 condition of client served. The board may require a licensee to report regu-
17 larly to the board on matters regarding the restricted license;
18 (4) Suspend a license, the duration of which shall be determined by the
19 board;
20 (5) Revoke a license;
21 (6) Refuse to issue or renew a license;
22 (7) Impose a fine not to exceed one thousand dollars ($1,000) for each
23 violation of this chapter; or
24 (8) Assess costs and attorney's fees against a licensee for any investi-
25 gation and/or administrative proceeding.
26 54-2926. JUDICIAL REVIEW. Any person who is aggrieved by any action of
27 the board in denying, refusing to renew, suspending or revoking a license,
28 issuing a censure, imposing any restriction upon a license, or imposing any
29 fine, may seek judicial review thereof in accordance with the provisions of
30 chapter 52, title 67, Idaho Code.
31 54-2927. UNLAWFUL PRACTICE -- PENALTIES. (1) It shall be unlawful for any
32 person to practice or offer to practice audiology or speech-language pathology
33 in this state, or to use in connection with his or her name or otherwise
34 assume, use or advertise any title or description tending to convey the
35 impression that he or she is an audiologist or speech-language pathologist,
36 unless such person has been licensed under the provisions of this chapter.
37 (2) It shall be unlawful for any person to aid, abet or require another
38 person, licensed or unlicensed, to directly or indirectly violate or evade any
39 provision of this chapter, or to combine or conspire with another person, or
40 permit one's license to be used by another person, or to act as an agent,
41 partner, associate or otherwise, of another person with the intent to violate
42 or evade the provisions of this chapter.
43 (3) A violation of the provisions of this chapter shall constitute a mis-
44 demeanor and any person convicted thereof shall be fined an amount not to
45 exceed one thousand dollars ($1,000), or imprisoned in a county jail for a
46 period not to exceed six (6) months, or shall be punished by both such fine
47 and imprisonment.
48 SECTION 3. That Section 67-2601, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
15
1 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
2 self-governing agencies. The department shall, for the purposes of section 20,
3 article IV of the constitution of the state of Idaho, be an executive depart-
4 ment of the state government.
5 (2) The department shall consist of the following:
6 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
7 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
8 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
9 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
10 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
11 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
12 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
13 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
14 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
15 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
16 aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
17 (b) Professional and occupational licensing boards: Idaho state board of
18 certified public accountancy, as provided by chapter 2, title 54, Idaho
19 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
20 Code; board of architectural examiners, as provided by chapter 3, title
21 54, Idaho Code; office of the state athletic director, as provided by
22 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
23 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
24 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
25 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
26 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
27 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
28 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
29 state board of denturitry, as provided by chapter 33, title 54, Idaho
30 Code; state board of engineering examiners, as provided by chapter 12,
31 title 54, Idaho Code; state board for registration of professional geolo-
32 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
33 services licensure board, of hearing aid dealers and fitters, as provided
34 by chapter 29, title 54, Idaho Code; Idaho state board of landscape archi-
35 tects, as provided by chapter 30, title 54, Idaho Code; state board of
36 medicine, as provided by chapter 18, title 54, Idaho Code, and its associ-
37 ated physical therapist advisory board, as provided by chapter 22, title
38 54, Idaho Code; state board of morticians, as provided by chapter 11,
39 title 54, Idaho Code; board of nurses, as provided by chapter 14, title
40 54, Idaho Code; board of examiners of nursing home administrators, as pro-
41 vided by chapter 16, title 54, Idaho Code; state board of optometry, as
42 provided by chapter 15, title 54, Idaho Code; Idaho outfitters and guides
43 board, as provided by chapter 21, title 36, Idaho Code; board of pharmacy,
44 as provided by chapter 17, title 54, Idaho Code; state board of podiatry,
45 as provided by chapter 6, title 54, Idaho Code; Idaho state board of psy-
46 chologist examiners, as provided by chapter 23, title 54, Idaho Code;
47 Idaho real estate commission, as provided by chapter 20, title 54, Idaho
48 Code; real estate appraiser board, as provided by chapter 41, title 54,
49 Idaho Code; board of social work examiners, as provided by chapter 32,
50 title 54, Idaho Code; the board of veterinary medicine, as provided by
51 chapter 21, title 54, Idaho Code; the board of examiners of residential
52 care facility administrators, as provided by chapter 42, title 54, Idaho
53 Code; and the board of drinking water and wastewater professionals, as
54 provided by chapter 24, title 54, Idaho Code.
55 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
16
1 (d) The division of building safety, to be headed by a division adminis-
2 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
3 public works contractor licensing, and logging and industrial safety. The
4 division administrator and bureau chiefs shall be nonclassified employees
5 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
6 istrator of the division shall administer the provisions of chapter 40,
7 title 39, Idaho Code, relating to manufactured homes and recreational
8 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
9 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
10 installer licensing; chapter 10, title 54, Idaho Code, relating to elec-
11 trical contractors and journeymen; chapter 19, title 54, Idaho Code,
12 relating to licensing of public works contractors; chapter 26, title 54,
13 Idaho Code, relating to plumbing and plumbers; and shall perform such
14 additional duties as are imposed upon him by law. The division administra-
15 tor shall cooperate with the industrial commission and aid and assist the
16 commission in its administration of sections 72-720, 72-721 and 72-723,
17 Idaho Code, and at the request of the commission shall make inspection of
18 appliances, tools, equipment, machinery, practices or conditions, and make
19 a written report to the commission. The administrator shall make recommen-
20 dations to the commission to aid the commission in its administration of
21 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that
22 nothing herein shall be construed as transferring to the administrator any
23 of the authority or powers now vested in the industrial commission.
24 (e) The division of veterans services to be headed by a division adminis-
25 trator who shall be a nonclassified employee exempt from the provisions of
26 chapter 53, title 67, Idaho Code. The administrator of the division shall
27 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
28 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
29 sion established under chapter 2, title 65, Idaho Code, and shall perform
30 such additional duties as are imposed upon him by law.
31 (3) The bureau of occupational licenses is hereby created within the
32 department of self-governing agencies.
33 SECTION 4. That Section 67-2602, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
36 licenses created in the department of self-governing agencies by section
37 67-2601, Idaho Code, shall be empowered, by written agreement between the
38 bureau and each agency for which it provides administrative or other services
39 as provided by law, to provide such services for the board of acupuncture,
40 board of architectural examiners, board of barber examiners, board of chiro-
41 practic physicians, board of cosmetology, counselor licensing board, state
42 board of denturitry, speech and hearing services licensure board, of hearing
43 aid dealers and fitters, board of landscape architects, board of morticians,
44 board of examiners of nursing home administrators, board of optometry, board
45 of podiatrists, board of psychologist examiners, real estate appraiser board,
46 board of examiners of residential care facility administrators, board of
47 social work examiners, and such other professional and occupational licensing
48 boards or commodity commissions as may request such services. The bureau may
49 charge a reasonable fee for such services provided any agency not otherwise
50 provided for by law and shall maintain proper accounting methods for all funds
51 under its jurisdiction.
52 (2) Notwithstanding the statutes governing specific boards, for any board
53 that contracts with the bureau of occupational licenses, each board member
17
1 shall hold office until a successor has been duly appointed and qualified.
2 (3) The department of self-governing agencies, by and through the bureau
3 of occupational licenses, shall be empowered to provide administrative or
4 other services for the administration of chapter 48, title 54, Idaho Code, to
5 issue, suspend, revoke or refuse to renew certificates of registration, to
6 issue subpoenas, to prescribe and impose fees and to assess administrative
7 penalties pursuant to the provisions of chapter 48, title 54, Idaho Code.
STATEMENT OF PURPOSE
RS 14996
Hearing Aid Dealers and Fitters are licensed under the Bureau of
Occupational Licenses to fit and dispense hearing aids.
Audiologists, if licensed under the same act, may also fit and
dispense hearing aids. This legislation repeals the Hearing Aid
Dealers and Fitters Act and replaces it with the "Speech and
Hearing Services Practice Act" and would include hearing aid
dealers, audiologists and speech-language pathologists. With the
exception of audiologists who fit and dispense hearing aids,
neither audiologists nor speech language pathologist are
currently required to be licensed by the state of Idaho.
This legislation sets forth the licensing requirements, defines
terms and practice, and establishes the Speech and Hearing
Services Licensure Board.
FISCAL IMPACT
The program is designed to be self-funded from licensure
fees and will not impact the general fund.
Contact:
Name: Rayola Jacobsen
Bureau of Occupational Licenses
Phone: 208-334-3233
Name: Jeremy Pisca
Idaho Speech-Language and Hearing Association
Phone: 208-384-1800
STATEMENT OF PURPOSE/FISCAL NOTE H 247