BILL NUMBER: AB 124 CHAPTERED 09/21/99 CHAPTER 436 FILED WITH SECRETARY OF STATE SEPTEMBER 21, 1999 APPROVED BY GOVERNOR SEPTEMBER 21, 1999 PASSED THE ASSEMBLY AUGUST 26, 1999 PASSED THE SENATE AUGUST 23, 1999 AMENDED IN SENATE AUGUST 16, 1999 AMENDED IN SENATE JULY 7, 1999 AMENDED IN SENATE JUNE 14, 1999 AMENDED IN ASSEMBLY MARCH 17, 1999 INTRODUCED BY Assembly Member Ackerman (Principal coauthor: Assembly Member Machado) (Coauthors: Assembly Members Alquist, Aroner, Honda, Kuehl, and Scott) JANUARY 5, 1999 An act to amend Sections 2530.2, 2530.5, 2531, and 2532.6 of, and to add Sections 2532.7 and 2532.8 to, the Business and Professions Code, relating to the Speech-Language Pathology and Audiology Board, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 124, Ackerman. Speech-Language Pathology and Audiology Board. Existing law provides that a supervising speech-language pathologist employed or contracted for by a public school may hold either a valid and current license issued by the board, or a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing. The bill would additionally provide that a supervising speech-language pathologist employed or contracted for by a public school may instead hold a credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing if it is not issued on an emergency permit or waiver requirement basis. Existing law provides that the practice of an applicant who is obtaining his or her required professional experience be unrestricted, as specified, provided the applicant's required professional experience application has been approved by the board. The bill would require that an applicant who is obtaining his or her required professional experience must have been issued a temporary license, as specified. Existing law provides for the provisions enacting the Speech-Language Pathology and Audiology Board, under the jurisdiction of the Medical Board of California, to become inoperative on July 1, 1999, and for repeal of these provisions as of January 1, 2000. Existing law also provides for provisions of the Business and Professions Code to continuously appropriate the moneys in the Speech-Language Pathology and Audiology Board Fund. This bill would extend the inoperative date to July 1, 2002, and the repeal date to January 1, 2003, thus making an appropriation by extending the duration of the continuous appropriation. Existing law provides that the Speech-Language Pathology and Audiology Board shall not renew any license or registration on or after January 1, 2001, unless the applicant certifies to the board that he or she has completed in the preceding 2 years not less than the minimum number of professional development hours, as specified, and requires the professional development services to be obtained from institutions of higher learning, nonprofit educational or professional associations, or other entities approved by the board. The bill would provide that the above specified professional development requirements are applicable on and after January 1, 2002, and would additionally provide that on and after January 1, 2001 and until January 1, 2002, the board shall not renew any license or registration unless the applicant certifies to the board that he or she has completed after April 12, 1999, and prior to his or her renewal date in 2001, not less than the minimum number of professional development hours. The bill would provide that continuing professional development service may be obtained from accredited institutions of higher learning, organizations approved as providers by specified entities, or providers approved by the board. It would exempt institutions of higher learning and providers approved by the specified entities from fees that the board may otherwise charge continuing education providers. The bill would additionally authorize the board to issue a temporary license for a period to be determined by the board to an applicant who is obtaining his or her required professional experience, and would further require the board to deem a person who holds a valid certificate of clinical competence in speech-language pathology or audiology issued by the National Council on Professional Standards in speech-language pathology and audiology to have met the educational requirements set forth for speech-language pathologists or audiologists, as specified. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2530.2 of the Business and Professions Code is amended to read: 2530.2. As used in this chapter, unless the context otherwise requires: (a) "Board" means the Speech-Language Pathology and Audiology Board or any successor. (b) "Person" means any individual, partnership, corporation, limited liability company, or other organization or combination thereof, except that only individuals can be licensed under this chapter. (c) A "speech-language pathologist" is a person who practices speech-language pathology. (d) "The practice of speech-language pathology" means the application of principles, methods, and procedures for measurement, testing, identification, prediction, counseling, or instruction related to the development and disorders of speech, voice, or language for the purpose of identifying, preventing, managing, habilitating or rehabilitating, ameliorating, or modifying those disorders and conditions in individuals or groups of individuals; conducting hearing screenings; and the planning, directing, conducting and supervision of programs for identification, evaluation, habilitation, and rehabilitation of disorders of speech, voice, or language. (e) "Speech-language pathology aide" means any person meeting the minimum requirements established by the board, who works directly under the supervision of a speech-language pathologist. (f) (1) "Speech-language pathology assistant" means a person who meets the academic and supervised training requirements set forth by the board and who is approved by the board to assist in the provision of speech-language pathology under the direction and supervision of a speech-language pathologist who shall be responsible for the extent, kind, and quality of the services provided by the speech-language pathology assistant. (2) The supervising speech-language pathologist employed or contracted for by a public school may hold a valid and current license issued by the board, a valid, current, and professional clear clinical or rehabilitative services credential in language, speech, and hearing issued by the Commission on Teacher Credentialing, or other credential authorizing service in language, speech, and hearing issued by the Commission on Teacher Credentialing that is not issued on the basis of an emergency permit or waiver of requirements. For purposes of this paragraph, a "clear" credential is a credential that is not issued pursuant to a waiver or emergency permit and is as otherwise defined by the Commission on Teacher Credentialing. Nothing in this section referring to credentialed supervising speech-language pathologists expands existing exemptions from licensing pursuant to Section 2530.5. (g) An "audiologist" is one who practices audiology. (h) "The practice of audiology" means the application of principles, methods, and procedures of measurement, testing, appraisal, prediction, consultation, counseling, instruction related to auditory, vestibular, and related functions and the modification of communicative disorders involving speech, language, auditory behavior or other aberrant behavior resulting from auditory dysfunction; and the planning, directing, conducting, supervising, or participating in programs of identification of auditory disorders, hearing conservation, cerumen removal, aural habilitation, and rehabilitation, including, hearing aid recommendation and evaluation procedures including, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading. (i) "Audiology aide" means any person, meeting the minimum requirements established by the board, who works directly under the supervision of an audiologist. (j) "Medical board" means the Medical Board of California or a division of the board. (k) A "hearing screening" performed by a speech-language pathologist means a binary puretone screening at a preset intensity level for the purpose of determining if the screened individuals are in need of further medical or audiological evaluation. (l) "Cerumen removal" means the nonroutine removal of cerumen within the cartilaginous ear canal necessary for access in performance of audiological procedures that shall occur under physician and surgeon supervision. Cerumen removal, as provided by this section, shall only be performed by a licensed audiologist. Physician and surgeon supervision shall not be construed to require the physical presence of the physician, but shall include all of the following: (1) Collaboration on the development of written standardized protocols. The protocols shall include a requirement that the supervised audiologist immediately refer to an appropriate physician any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen removal as defined in this subdivision. (2) Approval by the supervising physician of the written standardized protocol. (3) The supervising physician shall be within the general vicinity, as provided by the physician-audiologist protocol, of the supervised audiologist and available by telephone contact at the time of cerumen removal. (4) A licensed physician and surgeon may not simultaneously supervise more than two audiologists for purposes of cerumen removal. SEC. 2. Section 2530.5 of the Business and Professions Code is amended to read: 2530.5. (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing tests under the direct supervision of a physician and surgeon. (b) Nothing in this chapter shall be construed to prevent a licensed hearing aid dispenser from engaging in testing of hearing and other practices and procedures used solely for the fitting and selling of hearing aids nor does this chapter restrict persons practicing their licensed profession and operating within the scope of their licensed profession or employed by someone operating within the scope of their licensed professions, including persons fitting and selling hearing aids who are properly licensed or registered under the laws of the State of California. (c) Nothing in this chapter shall be construed as restricting or preventing the practice of speech-language pathology or audiology by personnel holding the appropriate credential from the Commission on Teacher Credentialing as long as the practice is conducted within the confines of or under the jurisdiction of a public preschool, elementary or secondary school by which they are employed and those persons do not either offer to render or render speech-language pathology or audiology services to the public for compensation over and above the salary they receive from the public preschool elementary or secondary school by which they are employed for the performance of their official duties. (d) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-language pathology intern in speech-language pathology pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of his or her supervised course of study and that those persons are designated by the title as "speech-language pathology intern," "speech-language pathology trainee," or other title clearly indicating the training status appropriate to his or her level of training. (e) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern in audiology pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, provided that these activities and services constitute a part of his or her supervised course of study and that those persons are designated by the title as "audiology intern," "audiology trainee," or other title clearly indicating the training status appropriate to his or her level of training. (f) Nothing in this chapter shall be construed as restricting the practice of an applicant who is obtaining the required professional experience specified in subdivision (d) of Section 2532.2 and who has been issued a temporary license pursuant to Section 2532.7. The number of applicants who may be supervised by a licensed speech-language pathologist or a speech-language pathologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising speech-language pathologist shall register with the board the name of each applicant working under his or her supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under his or her supervision. The number of applicants who may be supervised by a licensed audiologist or an audiologist having qualifications deemed equivalent by the board shall be determined by the board. The supervising audiologist shall register with the board the name of each applicant working under his or her supervision, and shall submit to the board a description of the proposed professional responsibilities of the applicant working under his or her supervision. The board shall not give any credit for any required professional experience that is completed in violation of this section. (g) Nothing in this chapter shall be construed as restricting hearing screening services in public or private elementary or secondary schools so long as these screening services are provided by persons registered as qualified school audiometrists pursuant to Sections 1685 and 1686 of the Health and Safety Code or hearing screening services supported by the State Department of Health Services so long as these screening services are provided by appropriately trained or qualified personnel. (h) Persons employed as speech-language pathologists or audiologists by a federal agency shall be exempt from this chapter. (i) Nothing in this chapter shall be construed as restricting consultation or the instructional or supervisory activities of a faculty member of an approved or accredited college or university for the first 60 days following appointment after the effective date of this subdivision. SEC. 3. Section 2531 of the Business and Professions Code is amended to read: 2531. There is hereby created a Speech-Language Pathology and Audiology Board under the jurisdiction of the Medical Board of California. The Speech-Language Pathology and Audiology Board shall consist of nine members, three of whom shall be public members. The Speech-Language Pathology and Audiology Board shall enforce and administer this chapter. This section shall become inoperative on July 1, 2002, and, as of January 1, 2003, is repealed, unless a later enacted statute, that becomes effective on or before January 1, 2003, deletes or extends the inoperative and repeal dates. SEC. 4. Section 2532.6 of the Business and Professions Code is amended to read: 2532.6. (a) The Legislature recognizes that the education and experience requirements of this chapter constitute only minimal requirements to assure the public of professional competence. The Legislature encourages all professionals licensed and registered by the board under this chapter to regularly engage in continuing professional development and learning that is related and relevant to the professions of speech-language pathology and audiology. (b) On and after January 1, 2001, and until January 1, 2002, the board shall not renew any license or registration pursuant to this chapter unless the applicant certifies to the board that he or she has completed, after April 12, 1999, and prior to his or her renewal date in 2001, not less than the minimum number of continuing professional development hours established by the board pursuant to subdivision (c) for the professional practice authorized by his or her license. On and after January 1, 2002, the board shall not renew any license or registration pursuant to this chapter unless the applicant certifies to the board that he or she has completed in the preceding two years not less than the minimum number of continuing professional development hours established by the board pursuant to subdivision (c) for the professional practice authorized by his or her license or registration. (c) (1) The board shall prescribe the forms utilized for and the number of hours of required continuing professional development for persons licensed or registered under this chapter. (2) The board shall have the right to audit the records of any applicant to verify the completion of the continuing professional development requirements. (3) Applicants shall maintain records of completion of required continuing professional development coursework for a minimum of two years and shall make these records available to the board for auditing purposes upon request. (d) The board shall establish exceptions from the continuing professional development requirements of this section for good cause as defined by the board. (e) (1) The continuing professional development services shall be obtained from accredited institutions of higher learning, organizations approved as continuing education providers by either the American Speech-Language Hearing Association or the American Academy of Audiology, the California Medical Association's Institute for Medical Quality Continuing Medical Education Program, or other entities or organizations approved as continuing professional development providers by the board, in its discretion. (2) The continuing professional development services offered by these entities may, but are not required to, utilize pretesting and posttesting or other evaluation techniques to measure and demonstrate improved professional learning and competency. (3) An accredited institution of higher learning, an organization approved as continuing education providers by either the American Speech-Language Hearing Association or the American Academy of Audiology, and the California Medical Association's Institute for Medical Quality Continuing Education Program shall be exempt from any application or registration fees that the board may charge for continuing education providers. (f) The board, by regulation, shall fund the administration of this section through professional development services provider and licensing fees to be deposited in the Speech-Language Pathology and Audiology Board Fund. The fees related to the administration of this section shall be sufficient to meet, but shall not exceed, the costs of administering the corresponding provisions of this section. (g) The continuing professional development requirements adopted by the board shall comply with any guidelines for mandatory continuing education established by the Department of Consumer Affairs. SEC. 5. Section 2532.7 is added to the Business and Professions Code, to read: 2532.7. (a) Upon approval of an application filed pursuant to Section 2532.1, and upon payment of the fee prescribed by Section 2534.2, the board may issue a temporary license for a period to be determined by the board to an applicant who is obtaining the required professional experience specified in subdivision (d) of Section 2532.2. (b) A temporary license shall terminate upon notice thereof by certified mail, return receipt requested, if it is issued by mistake or if the application for permanent licensure is denied. (c) Upon written application, the board may reissue a temporary license for a period to be determined by the board to an applicant who is obtaining the required professional experience specified in subdivision (d) of Section 2532.2. SEC. 6. Section 2532.8 is added to the Business and Professions Code, to read: 2532.8. The board shall deem a person who holds a valid certificate of clinical competence in speech-language pathology or audiology issued by the National Council on Professional Standards in Speech Language Pathology and Audiology to have met the educational and experience requirements set forth for speech-language pathologists or audiologists in Section 2532.2.