0001| HOUSE BILL 363 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| EDWARD C. SANDOVAL | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO LICENSURE; ENACTING THE SPEECH LANGUAGE PATHOLOGY, | 0013| AUDIOLOGY AND HEARING AID DISPENSING PRACTICES ACT; PROVIDING | 0014| FOR PENALTIES; REPEALING THE SPEECH-LANGUAGE PATHOLOGY AND | 0015| AUDIOLOGY ACT; REPEALING THE HEARING AID ACT; MAKING AN | 0016| APPROPRIATION. | 0017| | 0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0019| Section 1. SHORT TITLE.--This act may be cited as the | 0020| "Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0021| Practices Act". | 0022| Section 2. DEFINITIONS.--As used in the Speech Language | 0023| Pathology, Audiology and Hearing Aid Dispensing Practices Act: | 0024| A. "auditory trainer" means a custom-fitted FM | 0025| amplifying instrument other than a hearing aid designed to | 0001| enhance signal-to-noise ratios; | 0002| B. "audiologist" means a person who engages in the | 0003| practice of audiology, who may or may not dispense hearing aids | 0004| and who meets the qualifications set forth in the Speech | 0005| Language Pathology, Audiology and Hearing Aid Dispensing | 0006| Practices Act; | 0007| C. "board" means the speech language pathology, | 0008| audiology and hearing aid dispensing practices board; | 0009| D. "clinical fellow" means a person who has | 0010| completed all academic course work and practicum requirements | 0011| for a master's degree or the equivalent in speech language | 0012| pathology or audiology or both and engages in the practice of | 0013| speech language pathology or audiology as set forth in the | 0014| provisions of the Speech Language Pathology, Audiology and | 0015| Hearing Aid Dispensing Practices Act; | 0016| E. "clinical fellowship year" or "CFY" means the | 0017| time following the completion of all academic course work and | 0018| practicum requirements for a master's degree in speech language | 0019| pathology or audiology or both, and during which the clinical | 0020| fellow is working towards a certificate of clinical competence | 0021| from a nationally recognized speech language or hearing | 0022| association or the equivalent; | 0023| F. "CFY supervisor" means a person licensed | 0024| pursuant to the provisions of the Speech Language Pathology, | 0025| Audiology and Hearing Aid Dispensing Practices Act who oversees | 0001| the work of a clinical fellow and is so designated in the CFY | 0002| plan that is approved by the board; | 0003| G. "department" means the regulation and licensing | 0004| department; | 0005| H. "dispensing audiologist" means an audiologist who | 0006| practices the dispensing or fitting of hearing aids and | 0007| maintains or occupies a permanent physical business location in | 0008| New Mexico where records can be examined and process can be | 0009| served; | 0010| I. "hearing aid" means any wearable instrument or | 0011| device designed or offered for the purpose of aiding or | 0012| compensating for impaired human hearing and any parts, | 0013| attachments or accessories, including earmolds but excluding | 0014| batteries and cords; | 0015| J. "hearing aid dispenser" means any person other | 0016| than a dispensing audiologist or an otolaryngologist who is | 0017| licensed to sell, fit and service hearing aids under the Speech | 0018| Language Pathology, Audiology and Hearing Aid Dispensing | 0019| Practices Act and maintains or occupies a permanent physical | 0020| business location in New Mexico where records can be examined | 0021| and process can be served; | 0022| K. "nondispensing audiologist" means a person who | 0023| engages in the practice of audiology and who meets the | 0024| qualifications set forth in the Speech Language Pathology, | 0025| Audiology and Hearing Aid Dispensing Practices Act; | 0001| L. "otolaryngologist" means a licensed physician who | 0002| has completed a recognized residency in otolaryngology and is | 0003| certified by the American board of otolaryngology; | 0004| M. "paraprofessional" means a person who provides | 0005| adjunct speech pathology or audiology services under the direct | 0006| supervision of a licensed speech language pathologist or | 0007| audiologist; | 0008| N. "practice of audiology" means the application of | 0009| principles, methods and procedures of measurement, testing, | 0010| appraisal, prognostication, aural rehabilitation, aural | 0011| habilitation, consultation, hearing aid selection and fitting, | 0012| counseling, instruction and research related to hearing and | 0013| disorders of hearing for the purpose of nonmedical diagnosis, | 0014| prevention, identification, amelioration or the modification of | 0015| communicative disorders involving speech, language auditory | 0016| function or other aberrant behavior related to hearing | 0017| disorders; | 0018| O. "practice of speech language pathology" means the | 0019| rendering or offering to render to individuals, groups, | 0020| organizations or the public any service in speech or language | 0021| pathology involving the nonmedical application of principles, | 0022| methods and procedures for the measurement, testing, diagnosis, | 0023| prognostication, counseling and instruction related to the | 0024| development and disorders of speech, fluency, voice, verbal and | 0025| written language, auditory comprehension, cognition, dysphagia, | 0001| oral pharyngeal or laryngeal sensorimotor competencies and | 0002| treatment of persons requiring use of an augmentative | 0003| communication device for the purpose of nonmedical diagnosing, | 0004| preventing, treating and ameliorating such disorders and | 0005| conditions in individuals and groups of individuals; | 0006| P. "speech language pathologist" means a person who | 0007| engages in the practice of speech language pathology and who | 0008| meets the qualifications set forth in the Speech Language | 0009| Pathology, Audiology and Hearing Aid Dispensing Practices Act; | 0010| Q. "sponsor" means an individual who is employed | 0011| full time in the same physical location in New Mexico where the | 0012| trainee is being trained and is: | 0013| (1) a dispensing audiologist licensed under the | 0014| provisions of the Speech Language Pathology, Audiology and | 0015| Hearing Aid Dispensing Practices Act; or | 0016| (2) a hearing aid dispenser licensed under the | 0017| provisions of the Speech Language Pathology, Audiology and | 0018| Hearing Aid Dispensing Practices Act and who has been actively | 0019| engaged in dispensing or fitting hearing aids during three of | 0020| the past five years; and | 0021| R. "trainee" means a person working toward full | 0022| licensure as a hearing aid dealer or fitter under the direct | 0023| supervision of a sponsor. | 0024| Section 3. SCOPE OF PRACTICE--SPEECH LANGUAGE PATHOLOGY.-- | 0025| A. The scope of practice for speech language | 0001| pathologists shall include: | 0002| (1) rendering or offering to render | 0003| professional services, including diagnosis, prevention, | 0004| identification, evaluation, consultation, habilitation, | 0005| rehabilitation, instruction, counseling, prognostication, | 0006| training and research to individuals or groups of individuals | 0007| who have or are suspected of having disorders of communication, | 0008| including speech comprehension, voice, fluency, language in all | 0009| its expressive and receptive forms, including oral expression, | 0010| reading, writing and comprehension, oral pharyngeal function, | 0011| oral motor function, dysphagia, functional maintenance therapy | 0012| or cognitive-communicative processes; and | 0013| (2) determining the need for personal | 0014| augmentative and alternative communication systems, computer | 0015| access or assistive technology, recommending such systems, and | 0016| providing set-up, modification, training, trouble-shooting and | 0017| follow-up in the utilization of such systems. | 0018| B. The scope of practice for speech language | 0019| pathologists may include: | 0020| (1) conducting pure-tone air conduction hearing | 0021| screening, tympanometry screening, limited to a pass or fail | 0022| determination, for the purpose of performing a speech and | 0023| language evaluation or for the initial identification of | 0024| individuals with other disorders of communications; | 0025| (2) aural rehabilitation that is defined as | 0001| services and procedures for facilitation of adequate receptive | 0002| and expressive communication in individuals with hearing | 0003| impairment; or | 0004| (3) supervision of graduate students, clinical | 0005| fellows or paraprofessionals. | 0006| Section 4. SCOPE OF PRACTICE--NONDISPENSING | 0007| AUDIOLOGISTS.-- | 0008| A. The scope of practice for nondispensing | 0009| audiologists shall include: | 0010| (1) rendering or offering to render | 0011| professional services, including prevention, identification, | 0012| evaluation, consultation, habilitation, rehabilitation, | 0013| instruction and research to individuals who have or are | 0014| suspected of having disorders of hearing or balance; | 0015| (2) making ear impressions or fabrication of | 0016| ear molds for non-amplification purposes; | 0017| (3) cerumen management; | 0018| (4) performance and interpretation of | 0019| behavioral or electrophysiological tests of auditory or | 0020| vestibular function; and | 0021| (5) evaluation and management of tinnitus. | 0022| B. The scope of practice for nondispensing | 0023| audiologists may include: | 0024| (1) consultation regarding noise control and | 0025| hearing conservation, evaluations of environment or equipment, | 0001| including calibration of equipment used in testing auditory | 0002| function and hearing conservation; | 0003| (2) speech or language screening limited to a | 0004| pass or fail determination for the purpose of initial | 0005| identification of individuals with other disorders of | 0006| communication; and | 0007| (3) supervision of graduate students, clinical | 0008| fellows and paraprofessionals. | 0009| Section 5. SCOPE OF PRACTICE--DISPENSING AUDIOLOGISTS.--The scope of practice for dispensing audiologists shall include: | 0010| A. the scope of practice for a nondispensing | 0011| audiologist as specified in Section 4 of the Speech Language | 0012| Pathology, Audiology and Hearing Aid Dispensing Practices Act; B. dispensing of hearing aids and auditory trainers, | 0013| including evaluation, prescription, preparation and | 0014| orientation training for these devices; and | 0015| C. making ear impressions or fabrication of ear | 0016| molds for the purpose of amplification. | 0017| Section 6. SCOPE OF PRACTICE--HEARING AID DISPENSER.--The | 0018| scope of practice of the hearing aid dispenser shall include: | 0019| A. the measurement and evaluation of the sensitivity | 0020| of human hearing by means of appropriate behavioral testing | 0021| equipment for the purpose of amplification; | 0022| B. the otoscopic observation of the outer ear in | 0023| connection with the evaluation of hearing and the fitting of | 0024| hearing aids and for the purpose of referral to other | 0025| professionals; | 0001| C. the fabrication of ear impressions or ear molds | 0002| for the purpose of selecting and fitting hearing aids; | 0003| D. the analysis of hearing aid function by means of | 0004| the appropriate testing equipment; | 0005| E. the selection and fitting of hearing aids with | 0006| appropriate instruction, orientation, counseling and management | 0007| regarding the use and maintenance of these devices; and | 0008| F. the modification and general servicing of hearing | 0009| aids. | 0010| Section 7. LICENSE REQUIRED.-- | 0011| A. Unless licensed to practice speech language | 0012| pathology, audiology or hearing aid dispensing under the Speech | 0013| Language Pathology, Audiology and Hearing Aid Dispensing | 0014| Practices Act, no person shall: | 0015| (1) practice as a speech language pathologist, | 0016| audiologist or hearing aid dispenser; | 0017| (2) use the title or represent himself as a | 0018| licensed speech language pathologist, audiologist or hearing aid | 0019| dispenser or use any other title, abbreviation, letters, | 0020| figures, signs or devices that indicate the person is licensed | 0021| to practice as a speech language pathologist, audiologist or | 0022| hearing aid dispenser; or | 0023| (3) advertise, hold out to the public or | 0024| represent in any manner that one is authorized to practice | 0025| speech language pathology, audiology or hearing aid dispensing. | 0001| B. No person shall represent himself to be a speech | 0002| language pathologist or hold out to the public by any means or | 0003| by any service or function perform, directly or indirectly, or | 0004| by using the terms "speech pathology", "speech pathologist", | 0005| "speech therapy", "speech therapist", "speech correction", | 0006| "speech correctionist", "speech clinic", "speech clinician", | 0007| "language pathology", "language pathologist", "voice therapy", | 0008| "voice therapist", "voice pathology", "voice pathologist", | 0009| "logopedics", "logopedist", "communicology", "communicologist", | 0010| "aphasiology", "aphasiologist", "phoniatrist" or "swallowing | 0011| therapist" unless licensed as such under the provisions of the | 0012| Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0013| Practices Act. | 0014| C. No person shall represent himself to be an | 0015| audiologist or hold out to the public by any means, or by any | 0016| service or function perform directly or indirectly, or by using | 0017| the terms "audiology", "audiologist", "audiometry", | 0018| "audiometrist", "audiological", "audiometrics", "hearing | 0019| therapy", "hearing therapist", "hearing clinic", "hearing | 0020| clinician", "hearing center", "hearing aid audiologist" or | 0021| "audioprosthologist" unless licensed as such under the | 0022| provisions of the Speech Language Pathology, Audiology and | 0023| Hearing Aid Dispensing Practices Act. | 0024| D. No person shall represent himself to be a hearing | 0025| aid dispenser or use the terms "hearing aid dealer", "hearing | 0001| aid fitter", "hearing aid sales", "hearing aid center" or | 0002| "hearing aid service center" unless licensed as such under the | 0003| provisions of the Speech Language Pathology, Audiology and | 0004| Hearing Aid Dispensing Practices Act. | 0005| Section 8. EXEMPTIONS.-- | 0006| A. Nothing in the Speech Language Pathology, | 0007| Audiology and Hearing Aid Dispensing Practices Act shall be | 0008| construed to prevent qualified members of other recognized | 0009| professions that are licensed, certified or registered under New | 0010| Mexico law or regulation from rendering services within the | 0011| scope of their license, certificate or registration, provided | 0012| they do not represent themselves as holding a license in speech | 0013| language pathology, audiology or hearing aid dispensing. | 0014| B. Any person not meeting the requirements for | 0015| licensure as a speech language pathologist or audiologist under | 0016| the provisions of the Speech Language Pathology, Audiology and | 0017| Hearing Aid Dispensing Practices Act, may practice as a speech | 0018| pathologist or audiologist until July 1, 1997 if: | 0019| (1) he is employed as a speech pathologist or | 0020| audiologist on a waiver license issued by the state department | 0021| of public education prior to the effective date of that act; and | 0022| (2) he is actively seeking the educational | 0023| requirements for licensure under that act. | 0024| C. Nothing in the Speech Language Pathology, | 0025| Audiology and Hearing Aid Dispensing Practices Act prevents | 0001| qualified members of other recognized professional groups, such | 0002| as licensed physicians, dentists or teachers of the deaf, from | 0003| doing appropriate work in the area of communication disorders | 0004| consistent with the standards and ethics of their respective | 0005| professions. | 0006| D. Nothing in the Speech Language Pathology, | 0007| Audiology and Hearing Aid Dispensing Practices Act restricts the | 0008| activities and services of a speech language pathology or | 0009| audiology graduate student at an accredited or approved college | 0010| or university or an approved clinical training facility; | 0011| provided that these activities and services constitute part of | 0012| his supervised course of study and that he is designated as a | 0013| speech language pathology or audiology graduate student or other | 0014| title clearly indicating the training status appropriate to his | 0015| level of training. | 0016| Section 9. BOARD CREATED.-- | 0017| A. There is created the "speech language pathology, | 0018| audiology and hearing aid dispensing practices board" that shall | 0019| be administratively attached to the department. | 0020| B. The board shall consist of ten members who have | 0021| been New Mexico residents for at least five years prior to their | 0022| appointment. Among the membership, two members shall be | 0023| licensed speech language pathologists, two members shall be | 0024| licensed audiologists, two members shall be licensed hearing aid | 0025| dispensers, one member shall be a licensed otolaryngologist and | 0001| three members shall represent the public and have no interest, | 0002| direct or indirect, in the profession regulated. | 0003| C. The licensed members of the board shall not hold | 0004| any elected or appointed office in any related professional | 0005| organization. | 0006| Section 10. TERMS--REIMBURSEMENT--MEETINGS.-- | 0007| A. Members of the board shall be appointed by the | 0008| governor for staggered terms of three years. Each member shall | 0009| hold office until successors are appointed. Vacancies shall be | 0010| filled for the unexpired term in the same manner as original | 0011| appointments. | 0012| B. A majority of the board members serving | 0013| constitutes a quorum of the board. The board shall meet at | 0014| least once a year and at such other times as it deems necessary. | 0015| C. The board shall elect a chairman and other | 0016| officers as deemed necessary to administer its duties. | 0017| D. No board member shall serve more than two full | 0018| consecutive terms, and any member failing to attend three | 0019| meetings after proper notice shall automatically be recommended | 0020| for removal as a board member, unless excused for reasons set | 0021| forth in board regulations. | 0022| E. Members of the board shall be reimbursed as | 0023| provided in the Per Diem and Mileage Act and shall receive no | 0024| other compensation, perquisite or allowance. | 0025| F. No member of the board shall be liable in a civil | 0001| action for any act performed in good faith in the performance of | 0002| his duties. | 0003| Section 11. BOARD POWERS AND DUTIES.--The board shall: | 0004| A. adopt rules and regulations and establish policy | 0005| necessary to carry out the provisions of the Speech Language | 0006| Pathology, Audiology and Hearing Aid Dispensing Practices Act in | 0007| accordance with the Uniform Licensing Act; | 0008| B. adopt rules implementing continuing education | 0009| requirements; | 0010| C. adopt a code of ethics; | 0011| D. conduct hearings upon charges relating to the | 0012| discipline of licensees, including the denial, suspension or | 0013| revocation of a license in accordance with the Uniform Licensing | 0014| Act; | 0015| E. investigate complaints against licensees by | 0016| issuing investigative subpoenas prior to the issuance of a | 0017| notice of contemplated action; | 0018| F. hire staff as may be necessary to carry out the | 0019| provisions of the Speech Language Pathology, Audiology and | 0020| Hearing Aid Dispensing Practices Act; | 0021| G. establish fees for licensure; | 0022| H. provide for the licensing and renewal of licenses | 0023| of applicants; and | 0024| I. adopt rules that provide for licensure by | 0025| reciprocity, including temporary permits for speech language | 0001| pathologists, audiologists or hearing aid dispensers. | 0002| Section 12. REQUIREMENTS FOR LICENSURE--SPEECH LANGUAGE | 0003| PATHOLOGIST--NONDISPENSING AUDIOLOGIST.--A license to practice | 0004| as a speech language pathologist or a nondispensing audiologist | 0005| shall be issued to any person who files a completed application, | 0006| accompanied by the required fees and documentation, and who | 0007| submits satisfactory evidence that the applicant: | 0008| A. holds at least a master's degree in speech | 0009| pathology, speech language pathology, communication disorders or | 0010| audiology or equivalent degree regardless of degree name, and | 0011| meets the academic requirements for certification by a | 0012| nationally recognized speech language or hearing association; | 0013| B. certifies that he is not guilty of any of the | 0014| activities listed in Section 21 of the Speech Language | 0015| Pathology, Audiology and Hearing Aid Dispensing Practices Act; | 0016| and | 0017| C. currently holds a certificate of clinical | 0018| competence from a nationally recognized speech language or | 0019| hearing association in the area for which he is seeking | 0020| licensure; or | 0021| D. has submitted evidence of having completed the | 0022| current academic, practicum and employment experience | 0023| requirements for a certificate of clinical competence from a | 0024| nationally recognized speech language or hearing association in | 0025| the area for which he is applying for license and has passed a | 0001| recognized standard national examination in either speech | 0002| language pathology or audiology or both and has complied with | 0003| the provisions of Subsection B of this section. | 0004| Section 13. REQUIREMENTS FOR LICENSURE WITHOUT | 0005| EXAMINATION--DISPENSING AUDIOLOGIST--DISPENSING | 0006| OTOLARYNGOLOGIST.--A license to practice as a dispensing | 0007| audiologist or as a dispensing otolaryngologist shall be issued | 0008| without an examination to any person who files a completed | 0009| application, accompanied by the required fees and documentation, | 0010| and who submits satisfactory evidence that the applicant: | 0011| A. is currently certified in audiology by a | 0012| nationally recognized speech language or hearing association or | 0013| meets all the requirements for certification and provides | 0014| evidence satisfactory to the board of experience in the | 0015| dispensing or fitting of hearing aids either in a graduate | 0016| training program or in a work or training experience; | 0017| B. is currently a clinical fellow in audiology and | 0018| provides evidence satisfactory to the board of experience in | 0019| dispensing or fitting hearing aids either in a graduate training | 0020| program or in a work or training experience; or | 0021| C. is an otolaryngologist and provides evidence | 0022| satisfactory to the board of experience in the dispensing or | 0023| fitting of hearing aids; and | 0024| D. certifies that he is not guilty of any of the | 0025| activities listed in Section 21 of the Speech Language | 0001| Pathology, Audiology and Hearing Aid Dispensing Practices Act. Section 14. REQUIREMENTS FOR LICENSURE BY EXAMINATION--HEARING AID DISPENSER.-- | 0002| A. A license to practice as a hearing aid dispenser | 0003| shall be issued to any person who files a completed application, | 0004| passes the examination approved by the board, pays the required | 0005| fees and documentation and submits satisfactory evidence that | 0006| the person: | 0007| (1) is a dispensing audiologist, a clinical | 0008| fellow in audiology or an otolaryngologist who does not meet the | 0009| qualifications regarding a dispensing otolaryngologist set forth | 0010| in Section 13 of the Speech Language Pathology, Audiology and | 0011| Hearing Aid Dispensing Practices Act; or | 0012| (2) is a person other than a dispensing | 0013| audiologist, a nondispensing audiologist, a clinical fellow in | 0014| audiology or an otolaryngologist applying for a license under | 0015| the Speech Language Pathology, Audiology and Hearing Aid | 0016| Dispensing Practices Act and who: | 0017| (a) has at least a high school education | 0018| or the equivalent; | 0019| (b) has worked for no less than seven | 0020| months under a training permit; and | 0021| (c) certifies that he is not guilty of | 0022| any of the activities listed in Section 21 of the Speech | 0023| Language Pathology, Audiology and Hearing Aid Dispensing | 0024| Practices Act. | 0025| B. The examination for hearing aid dispenser shall | 0001| be conducted by the board quarterly unless there are no | 0002| applicants for examination. | 0003| C. The board: | 0004| (1) shall provide procedures to assure that | 0005| examinations for licensure are offered as needed; | 0006| (2) shall establish rules regarding the | 0007| examination application deadline and other rules relating to the | 0008| taking and retaking of licensure examinations; | 0009| (3) shall determine a passing grade for the | 0010| examination; and | 0011| (4) may accept an applicant's examination | 0012| scores used for national certification or other examination | 0013| approved by the board. | 0014| Section 15. REQUIREMENTS FOR LICENSURE--CLINICAL FELLOW OF | 0015| SPEECH LANGUAGE PATHOLOGY--CLINICAL FELLOW OF AUDIOLOGY.--A | 0016| license to practice as a clinical fellow of speech language | 0017| pathology or audiology shall be issued to any person who files a | 0018| completed application, passes the examination approved by the | 0019| board prior to or within one year of applying for the | 0020| examination, pays the required fees, provides documentation and | 0021| submits satisfactory evidence that the person: | 0022| A. has met all academic course work and practicum | 0023| requirements for a master's degree in speech language pathology, | 0024| speech pathology, communication disorders or audiology or both | 0025| for certification by a nationally recognized speech language or | 0001| hearing association; | 0002| B. has filed a CFY plan that meets with board | 0003| approval; | 0004| C. certifies that he has received no reprimands of | 0005| unprofessional conduct or incompetency; | 0006| D. applies for licensure under Section 12 of the | 0007| Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0008| Practices Act after completing the clinical fellowship year; and | 0009| E. has a CFY supervisor who: | 0010| (1) is a speech language pathologist or | 0011| audiologist licensed under the provisions of the Speech Language | 0012| Pathology, Audiology and Hearing Aid Dispensing Practices Act; | 0013| and | 0014| (2) has registered with the board as a CFY | 0015| supervisor for the clinical fellowship year. | 0016| Section 16. LICENSURE UNDER PRIOR LAWS.--Any license | 0017| issued in accordance with the Speech-Language Pathology and | 0018| Audiology Act or the Hearing Aid Act prior to the effective date | 0019| of the Speech Language Pathology, Audiology and Hearing Aid | 0020| Dispensing Practices Act shall be valid until the expiration | 0021| date of the license. | 0022| Section 17. HEARING AID DISPENSING TEMPORARY PERMITS--ISSUANCE.-- | 0023| A. Any person who does not meet the requirements | 0024| for licensure without examination as a dispensing audiologist or | 0025| a dispensing otolaryngologist as set forth in Section 13 of the | 0001| Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0002| Practices Act or as a hearing aid dispenser as set forth in | 0003| Section 14 of that act, may apply for a temporary trainee | 0004| permit. A temporary trainee permit shall be issued to a person | 0005| who: | 0006| (1) has a high school education or the | 0007| equivalent; | 0008| (2) has identified a sponsor as defined in the | 0009| Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0010| Practices Act; | 0011| (3) pays an application fee as determined by | 0012| the board; | 0013| (4) has not failed the licensing examination | 0014| twice within a five-year period; and | 0015| (5) certifies that he is not guilty of any of | 0016| the activities listed in Section 21 of the Speech Language | 0017| Pathology, Audiology and Hearing Aid Dispensing Practices Act. | 0018| B. A temporary trainee permit shall: | 0019| (1) be valid for one year from the date of its | 0020| issuance and is nonrenewable for a period of one year following | 0021| its expiration; and | 0022| (2) allow the person to complete a training | 0023| period. | 0024| C. A person issued a temporary trainee permit may be | 0025| eligible for licensure as a hearing aid dispenser upon: | 0001| (1) the completion of a minimum of three | 0002| hundred twenty hours of training, to be completed within a | 0003| three-month period under the direct supervision of the sponsor; | 0004| (2) the completion of five continuous months of | 0005| full-time dispensing work during which time all sales are | 0006| approved by the sponsor prior to delivery; and | 0007| (3) the sponsor approving all fittings, | 0008| adjustments, modifications or repairs to hearing aids and | 0009| earmolds. | 0010| D. A dispensing audiologist, nondispensing | 0011| audiologist, clinical fellow in audiology or otolaryngologist | 0012| issued a temporary trainee permit may be eligible for licensure | 0013| without examination as a hearing aid dispenser upon the sponsor | 0014| providing direct supervision for a minimum of three months of | 0015| all fittings, adjustments, modifications or repairs to hearing | 0016| aids and earmolds. | 0017| Section 18. SCOPE OF HEARING AID DISPENSING EXAMINATION.--In preparing the hearing aid dispensing examination, the board | 0018| shall use tests that demonstrate: | 0019| A. knowledge in the fitting and sale of hearing | 0020| aids, including basic physics of sound, anatomy and physiology | 0021| of the ear and the function of hearing aids; and | 0022| B. proficient use of techniques for the fitting of | 0023| hearing aids, including: | 0024| (1) pure-tone audiometry, including air | 0025| conduction and bone conduction testing; | 0001| (2) live voice or recorded voice speech | 0002| audiometry, including speech reception threshold and speech | 0003| recognition score tests; | 0004| (3) masking when indicated; | 0005| (4) recording and evaluation of audiograms and | 0006| speech audiometry for determining proper selection and | 0007| adjustment of hearing aids; | 0008| (5) taking earmold impressions; and | 0009| (6) analyzing hearing aid function, | 0010| modification and general service. | 0011| Section 19. LICENSE RENEWAL.-- | 0012| A. Each licensee shall renew his license every year | 0013| by submitting a renewal application, as provided for in the | 0014| board's regulations. The board may require proof of continuing | 0015| education as a requirement for renewal. | 0016| B. A sixty-day grace period shall be allowed to each | 0017| licensee after each licensing period. A license may be renewed | 0018| during the grace period upon payment of a renewal fee and a late | 0019| fee as prescribed by the board. | 0020| C. Any license not renewed by the end of the grace | 0021| period will be considered expired and the licensee shall not be | 0022| eligible to practice within the state until the license is | 0023| renewed. The board shall develop rules regarding requirements | 0024| for renewal of an expired license and may require the licensee | 0025| to reapply as a new applicant. | 0001| D. Clinical fellow licenses may be renewed for no | 0002| more than three years; provided the clinical fellow has | 0003| submitted evidence of passing a recognized standard national | 0004| examination in either speech language pathology or audiology or | 0005| both, prior to or within his first year of the CFY. The CFY | 0006| license will not be renewed without evidence of passing a | 0007| recognized standard national examination in either speech | 0008| language pathology or audiology or both. | 0009| E. The board may issue rules providing for inactive | 0010| status of licenses. | 0011| Section 20. FEES.--The board shall establish a schedule of | 0012| reasonable fees for applications, licenses, renewal of licenses, | 0013| exams, penalties and administrative fees. The license and | 0014| license renewal fees shall not exceed: | 0015| A. fifty dollars ($50.00) for hearing aid dispenser | 0016| trainees and clinical fellows; | 0017| B. one hundred dollars ($100) for nondispensing | 0018| audiologists or speech language pathologists; | 0019| C. three hundred dollars ($300) for hearing aid | 0020| dispensers or dispensing audiologists; | 0021| D. two hundred dollars ($200) for examinations; | 0022| E. one hundred dollars ($100) for late renewal fees; | 0023| and | 0024| F. reasonable administrative fees. | 0025| Section 21. DISCIPLINARY PROCEEDINGS--JUDICIAL REVIEW.-- A. The board may deny, revoke, suspend or impose | 0001| conditions upon any license held or applied for under the Speech | 0002| Language Pathology, Audiology and Hearing Aid Dispensing | 0003| Practices Act in accordance with the procedures set forth in the | 0004| Uniform Licensing Act upon findings by the board that the | 0005| licensee or applicant: | 0006| (1) is guilty of fraud or deceit in procuring or | 0007| attempting to procure a license; | 0008| (2) has been convicted of a felony. A certified | 0009| copy of the record of conviction shall be conclusive evidence of | 0010| the conviction; | 0011| (3) is guilty of incompetence; | 0012| (4) is guilty of unprofessional conduct; | 0013| (5) is selling or fitting the first hearing aid | 0014| of any child under sixteen years of age who has not been | 0015| examined and cleared for the hearing aid by an otolaryngologist | 0016| and a dispensing audiologist who is certified competent by a | 0017| nationally recognized speech language or hearing association or | 0018| holds equivalent certification; | 0019| (6) is selling or fitting a hearing aid on any | 0020| person who has not been tested, except for replacement aids; | 0021| (7) uses untruthful or misleading advertising; | 0022| (8) is representing himself as a medical doctor | 0023| when he is not a licensed medical doctor; | 0024| (9) is addicted to the use of habit-forming | 0025| drugs or is addicted to any substance to such a degree as to | 0001| render him unfit to practice as a speech language pathologist, | 0002| dispensing or nondispensing audiologist or hearing aid | 0003| dispenser; | 0004| (10) is guilty of unprofessional conduct, as | 0005| defined by regulation of the board; | 0006| (11) is guilty of any violation of the | 0007| Controlled Substances Act; | 0008| (12) has violated any provision of the Speech | 0009| Language Pathology, Audiology and Hearing Aid Dispensing | 0010| Practices Act; | 0011| (13) is guilty of willfully or negligently | 0012| practicing beyond the scope of the Speech Language Pathology, | 0013| Audiology and Hearing Aid Dispensing Practices Act; | 0014| (14) is guilty of aiding or abetting the | 0015| practice of speech language pathology, audiology or hearing aid | 0016| dispensing by a person not licensed by the board; | 0017| (15) is guilty of practicing without a license | 0018| in violation of the Speech Language Pathology, Audiology and | 0019| Hearing Aid Dispensing Practices Act and its regulations; or | 0020| (16) has had a license, certificate or | 0021| registration to practice speech language pathology, audiology or | 0022| hearing aid dispensing revoked, suspended or denied in any | 0023| jurisdiction, territory or possession of the United States or | 0024| another country for actions of the licensee similar to acts | 0025| described in this section. A certified copy of the record of | 0001| the jurisdiction taking such disciplinary action will be | 0002| conclusive evidence thereof. | 0003| B. Disciplinary proceedings may be initiated by any | 0004| person filing a sworn complaint. Any person filing a sworn | 0005| complaint shall be immune from liability arising out of civil | 0006| action if the complaint is filed in good faith and without | 0007| actual malice. | 0008| Section 22. PENALTIES.-- | 0009| A. Any person who fails to furnish the board, its | 0010| investigators or representatives with information requested by | 0011| the board is guilty of a misdemeanor and upon conviction shall | 0012| be punished by a fine not to exceed one thousand dollars | 0013| ($1,000) or by imprisonment for a period of one year or both. | 0014| B. Any person who violates any provision of the | 0015| Speech Language Pathology, Audiology and Hearing Aid Dispensing | 0016| Practices Act is guilty of a misdemeanor and upon conviction | 0017| thereof shall be punished by a fine not to exceed one thousand | 0018| dollars ($1,000) or imprisonment for a period of one year or | 0019| both. | 0020| Section 23. CRIMINAL OFFENDER EMPLOYMENT ACT.--The | 0021| provisions of the Criminal Offender Employment Act shall govern | 0022| any consideration of criminal records required or permitted by | 0023| the Speech Language Pathology, Audiology and Hearing Aid | 0024| Dispensing Practices Act. | 0025| Section 24. FUND ESTABLISHED.-- | 0001| A. There is created in the state treasury the | 0002| "speech language pathology, audiology and hearing aid dispensing | 0003| practices board fund". | 0004| B. All money received by the board under the Speech | 0005| Language Pathology, Audiology and Hearing Aid Dispensing | 0006| Practices Act shall be deposited with the state treasurer for | 0007| credit to the speech language pathology, audiology and hearing | 0008| aid dispensing practices board fund. The state treasurer shall | 0009| invest the fund as other state funds are invested. All balances | 0010| in the fund shall remain in the fund and shall not revert to the | 0011| general fund. | 0012| C. Money in the speech language pathology, audiology | 0013| and hearing aid dispensing practices board fund is appropriated | 0014| to the board and shall be used only for the purpose of carrying | 0015| out the provisions of the Speech Language Pathology, Audiology | 0016| and Hearing Aid Dispensing Practices Act. | 0017| Section 25. TERMINATION OF AGENCY LIFE--DELAYED | 0018| REPEAL.--The speech language pathology, audiology and hearing | 0019| aid dispensing practices board is terminated on July 1, 1997, | 0020| pursuant to the Sunset Act. The board shall continue to operate | 0021| according to the provisions of the Speech Language Pathology, | 0022| Audiology and Hearing Aid Dispensing Practices Act until July 1, | 0023| 1998. Effective July 1, 1998, the Speech Language Pathology, | 0024| Audiology and Hearing Aid Dispensing Practices Act is repealed. | 0025| Section 26. TEMPORARY PROVISION--TRANSFER.--On the | 0001| effective date of this act, all fees, money, appropriations, | 0002| balances and funds collected or deposited pursuant to the | 0003| Speech-Language Pathology and Audiology Act and the Hearing Aid | 0004| Act shall be transferred to the speech language pathology, | 0005| audiology and hearing aid dispensing practices board fund. | 0006| Section 27. REPEAL.--Sections 61-14B-1 through 61-14B-17 | 0007| and 61-24A-1 through 61-24A-21 NMSA 1978 (being Laws 1981, | 0008| Chapter 249, Sections 1 through 16, Laws 1990, Chapter 16, | 0009| Section 4, Laws 1979, Chapter 349, Sections 1 through 15, Laws | 0010| 1991, Chapter 46, Section 9, Laws 1979, Chapter 349, Sections 17 | 0011| and 18 and Laws 1991, Chapter 46, Sections 10 through 12, as | 0012| amended) are repealed. | 0013| Section 28. EFFECTIVE DATE.--The effective date of the | 0014| provisions of this act is July 1, 1996. | 0015| - - | 0016| State of New Mexico | 0017| House of Representatives | 0018| | 0019| FORTY-SECOND LEGISLATURE | 0020| SECOND SESSION, 1996 | 0021| | 0022| | 0023| February 6, 1996 | 0024| | 0025| | 0001| Mr. Speaker: | 0002| | 0003| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has | 0004| been referred | 0005| | 0006| HOUSE BILL 363 | 0007| | 0008| has had it under consideration and reports same with | 0009| recommendation that it DO PASS, and thence referred to the | 0010| APPROPRIATIONS AND FINANCE COMMITTEE. | 0011| | 0012| Respectfully submitted, | 0013| | 0014| | 0015| | 0016| | 0017| Fred Luna, Chairman | 0018| | 0019| | 0020| Adopted Not Adopted | 0021| | 0022| (Chief Clerk) (Chief Clerk) | 0023| | 0024| Date | 0025| | 0001| The roll call vote was 7 For 0 Against | 0002| Yes: 7 | 0003| Excused: Gurule, Hobbs, Olguin, Varela, Rodella | 0004| Absent: None | 0005| | 0006| | 0007| | 0008| HO363BI1 State of New Mexico | 0009| House of Representatives | 0010| | 0011| FORTY-SECOND LEGISLATURE | 0012| SECOND SESSION, 1996 | 0013| | 0014| | 0015| February 8, 1996 | 0016| | 0017| | 0018| Mr. Speaker: | 0019| | 0020| Your APPROPRIATIONS AND FINANCE COMMITTEE, to | 0021| whom has been referred | 0022| | 0023| HOUSE BILL 363 | 0024| | 0025| has had it under consideration and reports same with | 0001| recommendation that it DO PASS. | 0002| | 0003| Respectfully submitted, | 0004| | 0005| | 0006| | 0007| | 0008| Max Coll, Chairman | 0009| | 0010| | 0011| Adopted Not Adopted | 0012| | 0013| (Chief Clerk) (Chief Clerk) | 0014| | 0015| Date | 0016| | 0017| The roll call vote was 10 For 0 Against | 0018| Yes: 10 | 0019| Excused: Bird, Buffett, Coll, Gentry, Martinez, Salazar, Varela, | 0020| Watchman | 0021| Absent: none | 0022| | 0023| | 0024| | 0025| H0363AF1 | 0001| | 0002| FORTY-SECOND LEGISLATURE | 0003| SECOND SESSION, 1996 | 0004| | 0005| | 0006| February 12, 1996 | 0007| | 0008| Mr. President: | 0009| | 0010| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0011| referred | 0012| | 0013| HOUSE BILL 363 | 0014| | 0015| has had it under consideration and reports same with | 0016| recommendation that it DO PASS. | 0017| | 0018| Respectfully submitted, | 0019| | 0020| | 0021| | 0022| __________________________________ | 0023| Shannon Robinson, Chairman | 0024| | 0025| | 0001| | 0002| Adopted_______________________ Not Adopted_______________________ | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| | 0006| | 0007| Date ________________________ | 0008| | 0009| | 0010| The roll call vote was 5 For 0 Against | 0011| Yes: 5 | 0012| No: 0 | 0013| Excused: E. Jennings, Smith, Garcia | 0014| Absent: None | 0015| | 0016| | 0017| H0363PA1 | 0018| |