As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 96 5
1997-1998 6
SENATORS CUPP-HERINGTON 8
10
A B I L L
To amend sections 3709.161, 3721.21, 4753.01 to 12
4753.07, 4753.071, 4753.072, 4753.08 to 4753.10, 13
4753.12, and 4769.01; to amend, for the purpose 14
of adopting new section numbers as indicated in 15
parentheses, sections 4753.071 (4753.061) and
4753.072 (4753.063); and to enact sections 16
3319.223 and 4753.062 of the Revised Code to 17
require a study of the shortage of school
speech-language pathologists; to permit issuance 18
of temporary educator licenses in the specialty 19
of school speech-language pathology; to provide 20
for the licensure of speech-language pathologist 21
assistants; to add an educational service center
superintendent to the Board of Speech-Language 22
Pathology and Audiology; to maintain the 23
provisions of this act on and after January 1, 24
2002, by amending the versions of sections
4753.05, 4753.08, and 4753.12 of the Revised Code 25
that take effect on that date; to eliminate 26
issuance of temporary educator licenses in school 27
speech-language pathology on January 1, 2002, by
repealing section 3319.223 of the Revised Code on 28
that date; and to declare an emergency. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 3709.161, 3721.21, 4753.01, 33
4753.02, 4753.03, 4753.04, 4753.05, 4753.06, 4753.07, 4753.071, 34
2
4753.072, 4753.08, 4753.09, 4753.10, 4753.12, and 4769.01 be 35
amended; sections 4753.071 (4753.061) and 4753.072 (4753.063) be 36
amended for the purpose of adopting new section numbers as 37
indicated in parentheses; and sections 3319.223 and 4753.062 of 38
the Revised Code be enacted to read as follows: 39
Sec. 3319.223. (A) ON REQUEST OF A SCHOOL DISTRICT 41
SUPERINTENDENT, THE STATE BOARD OF EDUCATION MAY ISSUE A 42
TEMPORARY LICENSE TO AN INDIVIDUAL AS AN EDUCATOR IN THE 43
SPECIALTY OF SCHOOL SPEECH-LANGUAGE PATHOLOGY. 44
TO QUALIFY FOR A TEMPORARY LICENSE ISSUED UNDER THIS 46
SECTION, AN INDIVIDUAL MUST HAVE AT LEAST A BACHELOR'S DEGREE IN 47
SPEECH AND HEARING OR IN AN EQUIVALENT COURSE OF STUDY CONSIDERED 48
ACCEPTABLE BY THE BOARD. THE BOARD SHALL EVALUATE EACH 49
APPLICATION RECEIVED AND ISSUE A TEMPORARY LICENSE TO EACH
APPLICANT WHO MEETS THE QUALIFICATIONS FOR LICENSURE. 50
(B) A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID 53
ONLY FOR TEACHING IN THE DISTRICT REPRESENTED BY THE
SUPERINTENDENT WHO REQUESTED ISSUANCE OF THE LICENSE AND EXPIRES 54
ONE YEAR AFTER IT IS ISSUED. A TEMPORARY LICENSE MAY BE RENEWED, 56
BUT ONLY IF THE SUPERINTENDENT PRESENTS EVIDENCE SATISFACTORY TO 57
THE BOARD OF ONE OF THE FOLLOWING: 58
(1) THAT THE HOLDER IS ENROLLED IN A MASTER'S DEGREE 60
PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE 61
PATHOLOGY AND AUDIOLOGY UNDER CHAPTER 4753. OF THE REVISED CODE; 64
(2) THAT THE HOLDER IS QUALIFIED TO BE ENROLLED IN A 66
MASTER'S DEGREE PROGRAM LEADING TO LICENSURE BY THE BOARD OF 68
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY BUT WAS DENIED ENROLLMENT 69
IN A MASTER'S DEGREE PROGRAM IN THIS STATE BECAUSE OF A LACK OF 71
AVAILABLE POSITIONS IN A PROGRAM;
(3) THAT THE HOLDER IS QUALIFIED TO BE ENROLLED IN A 73
MASTER'S DEGREE PROGRAM LEADING TO LICENSURE BY THE BOARD OF 75
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY BUT WAS PREVENTED FROM 76
ENROLLING IN A MASTER'S DEGREE PROGRAM BECAUSE OF EXTENUATING 78
CIRCUMSTANCES ACCEPTED BY THE STATE BOARD OF EDUCATION.
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Sec. 3709.161. (A) The board of health of a city or 87
general health district may procure a policy or policies of 88
insurance insuring the members of the board, the health 89
commissioner, and the employees of the board against liability on 90
account of damage or injury to persons and property resulting 91
from any act or omission that occurs in the individual's official 93
capacity as a member or employee of the board or resulting solely 94
out of such membership or employment. 95
(B)(1) As used in this division, "health care 97
professional" means all of the following: 98
(a) A dentist or dental hygienist licensed under Chapter 101
4715. of the Revised Code; 102
(b) A registered nurse or licensed practical nurse 105
licensed under Chapter 4723. of the Revised Code; 106
(c) A person authorized under Chapter 4729. of the Revised 108
Code to practice as a pharmacist; 109
(d) A person authorized under Chapter 4730. of the Revised 113
Code to practice as a physician assistant; 115
(e) A person authorized under Chapter 4731. of the Revised 118
Code to practice medicine and surgery, osteopathic medicine and 119
surgery, or podiatry;
(f) A psychologist licensed under Chapter 4732. of the 123
Revised Code;
(g) A veterinarian licensed under Chapter 4741. of the 127
Revised Code;
(h) A speech-language pathologist, SPEECH-LANGUAGE 129
PATHOLOGY ASSISTANT, or audiologist licensed under Chapter 4753. 132
of the Revised Code;
(i) An occupational therapist, physical therapist, 135
physical therapist assistant, or athletic trainer licensed under 136
Chapter 4755. of the Revised Code; 137
(j) A professional clinical counselor, professional 139
counselor, independent social worker, or social worker licensed 141
under Chapter 4757. of the Revised Code; 142
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(k) A dietician DIETITIAN licensed under Chapter 4759. of 146
the Revised Code.
(2) The board of health of a city or general health 148
district may purchase liability insurance for a health care 149
professional with whom the board contracts for the provision of 150
health care services against liability on account of damage or 151
injury to persons and property arising from the health care 152
professional's performance of services under the contract. The 153
policy shall be purchased from an insurance company licensed to 154
do business in this state, if such a policy is available from 155
such a company. The board of health of a city or general health 156
district shall report the cost of the liability insurance policy 157
and subsequent increases in the cost to the director of health on 158
a form prescribed by the director. 159
Sec. 3721.21. As used in sections 3721.21 to 3721.34 of 168
the Revised Code: 169
(A) "Long-term care facility" means either of the 171
following: 172
(1) A nursing home as defined in section 3721.01 of the 174
Revised Code, other than a nursing home or part of a nursing home 175
certified as an intermediate care facility for the mentally 176
retarded under Title XIX of the "Social Security Act," 49 Stat. 177
620 (1935), 42 U.S.C.A. 301, as amended; 178
(2) A facility or part of a facility that is certified as 180
a skilled nursing facility or a nursing facility under Title 181
XVIII or XIX of the "Social Security Act." 182
(B) "Residential care facility" has the same meaning as in 184
section 3721.01 of the Revised Code. 185
(C) "Abuse" means knowingly causing physical harm or 187
recklessly causing serious physical harm to a resident by 188
physical contact with the resident or by use of physical or 189
chemical restraint, medication, or isolation as punishment, for 190
staff convenience, excessively, as a substitute for treatment, or 191
in amounts that preclude habilitation and treatment. 192
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(D) "Neglect" means recklessly failing to provide a 194
resident with any treatment, care, goods, or service necessary to 195
maintain the health or safety of the resident when the failure 196
results in serious physical harm to the resident. 197
(E) "Misappropriation" means depriving, defrauding, or 199
otherwise obtaining the real or personal property of a resident 200
by any means prohibited by the Revised Code, including violations 201
of Chapter 2911. or 2913. of the Revised Code. 202
(F) "Resident" includes a resident, patient, former 205
resident or patient, or deceased resident or patient of a
long-term care facility or a residential care facility. 206
(G) "Physical restraint" has the same meaning as in 208
section 3721.10 of the Revised Code. 209
(H) "Chemical restraint" has the same meaning as in 211
section 3721.10 of the Revised Code. 212
(I) "Nursing and nursing-related services" means the 215
personal care services and other services not constituting
skilled nursing care that are specified in rules the public 216
health council shall adopt in accordance with Chapter 119. of the 218
Revised Code.
(J) "Personal care services" has the same meaning as in 220
section 3721.01 of the Revised Code. 221
(K) "Nurse aide" means an individual, other than a 223
licensed health professional practicing within the scope of the 224
professional's license, who provides nursing and nursing-related 226
services to residents in a long-term care facility, either as a 227
member of the staff of the facility for monetary compensation or 228
as a volunteer without monetary compensation. 229
(L) "Licensed health professional" means all of the 231
following: 232
(1) An occupational therapist or occupational therapy 234
assistant licensed under Chapter 4755. of the Revised Code; 235
(2) A physical therapist or physical therapy assistant 237
licensed under Chapter 4755. of the Revised Code; 238
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(3) A physician authorized under Chapter 4731. of the 240
Revised Code to practice medicine and surgery, osteopathic 241
medicine and surgery, or podiatry; 242
(4) A physician assistant authorized under Chapter 4730. 245
of the Revised Code to practice as a physician assistant;
(5) A registered nurse or licensed practical nurse 247
licensed under Chapter 4723. of the Revised Code; 248
(6) A social worker or independent social worker licensed 251
under Chapter 4757. of the Revised Code or a social work
assistant registered under that chapter; 252
(7) A speech-language pathologist, SPEECH-LANGUAGE 254
PATHOLOGY ASSISTANT, or audiologist licensed under Chapter 4753. 256
of the Revised Code;
(8) A dentist or dental hygienist licensed under Chapter 258
4715. of the Revised Code; 259
(9) An optometrist licensed under Chapter 4725. of the 261
Revised Code; 262
(10) A pharmacist licensed under Chapter 4729. of the 264
Revised Code; 265
(11) A psychologist licensed under Chapter 4732. of the 267
Revised Code; 268
(12) A chiropractor licensed under Chapter 4734. of the 270
Revised Code; 271
(13) A nursing home administrator licensed or temporarily 273
licensed under Chapter 4751. of the Revised Code; 274
(14) A professional counselor or professional clinical 276
counselor licensed under Chapter 4757. of the Revised Code. 277
(M) "Competency evaluation program" means a program 279
through which the competency of a nurse aide to provide nursing 280
and nursing-related services is evaluated. 281
(N) "Training and competency evaluation program" means a 283
program of nurse aide training and evaluation of competency to 284
provide nursing and nursing-related services. 285
Sec. 4753.01. As used in sections 4753.01 to 4753.12 of 294
7
the Revised Code THIS CHAPTER: 295
(A) "Speech-language pathologist" means a person who 297
practices speech-language pathology and who represents himself 298
CLAIMS to be a speech-language pathologist when he holds out to 300
the public by any means, or by any service or function he 301
performs PERFORMED, directly or indirectly, or by using the term 303
"speech pathology," "speech pathologist," "speech correction," 304
"speech correctionist," "speech therapy," "speech therapist," 305
"speech clinic," "speech clinician," "language pathology," 306
"language pathologist," "voice therapy," "voice therapist," 307
"voice pathology," "voice pathologist," "logopedics," 308
"logopedist," "communicology," "communicologist," "aphasiology," 309
"aphasiologist," "phoniatrist," or any variation, synonym, 310
coinage, or whatever expresses, employs, or implies these terms, 311
names, or functions. "Person" means an individual, partnership, 312
organization, or corporation, except that only individuals may be 313
licensed under this law.
(B) "Speech-language pathology" means the application of 315
principles, methods, or procedures related to the development and 316
disorders of human communication. Disorders include any and all 317
conditions, whether of organic or nonorganic origin, that impede 318
the normal process of human communication including disorders and 319
related disorders of speech, articulation, fluency, voice, oral 320
and written language; auditory comprehension and processing; 321
oral, pharyngeal, or laryngeal sensorimotor competencies; 322
mastication or deglutition following a medical examination by a 323
physician licensed pursuant to AUTHORIZED UNDER Chapter 4731. of 324
the Revised Code TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 325
MEDICINE AND SURGERY; auditory or visual processing; auditory or 327
visual memory and cognition; communication; and assisted 328
augmentative communication treatment and devices. 329
(C) "Practice of speech-language pathology" means 331
planning, directing, supervising, and conducting habilitative or 332
rehabilitative counseling programs for individuals or groups of 333
8
individuals who have or are suspected of having disorders of 334
communication, any service in speech-language pathology including 335
prevention, identification, evaluation, consultation, 336
habilitation or rehabilitation, instruction, and research. 337
The practice of speech-language pathology may include 339
pure-tone air conduction hearing screening, screening 340
tympanometry, and acoustic reflex screening, limited to a 341
pass-or-fail determination for the identification of individuals 342
with other disorders of communication. The practice of 343
speech-language pathology also may include aural habilitation or 344
rehabilitation which means the provision of services and 345
procedures for facilitating adequate auditory, speech, and 346
language skills in individuals with hearing impairment. The 347
practice of speech-language pathology does not include the 348
practice of medicine and surgery or osteopathic medicine and 349
surgery, or the performance of a task in the normal practice of 350
medicine and surgery OR OSTEOPATHIC MEDICINE AND SURGERY by a 351
person to whom the task is delegated by a licensed physician. 354
(D) "SPEECH-LANGUAGE PATHOLOGY ASSISTANT" MEANS A PERSON 356
WHO, UNDER THE SUPERVISION OF A SPEECH-LANGUAGE PATHOLOGIST, 357
ASSISTS THE SPEECH-LANGUAGE PATHOLOGIST BY PERFORMING THE MORE 358
REPETITIVE, MECHANICAL, OR ROUTINE CLINICAL ACTIVITIES THAT ARE 359
PART OF THE PRACTICE OF SPEECH-LANGUAGE PATHOLOGY, INCLUDING SUCH 361
ACTIVITIES AS CONDUCTING SPEECH-LANGUAGE SCREENINGS, PROVIDING 362
ASSISTANCE IN THE DIRECT TREATMENT OF CLIENTS ACCORDING TO 363
DOCUMENTED TREATMENT PLANS OR PROTOCOLS DEVELOPED BY THE 364
SUPERVISING SPEECH-LANGUAGE PATHOLOGIST, DOCUMENTING CLIENT 365
PROGRESS TOWARD MEETING THE OBJECTIVES STATED IN THE CLIENT'S 366
TREATMENT PLAN, ASSISTING THE SPEECH-LANGUAGE PATHOLOGIST DURING 367
ASSESSMENT OF CLIENTS, ASSISTING THE SPEECH-LANGUAGE PATHOLOGIST 368
BY PREPARING MATERIALS AND NOTES FOR THE SPEECH-LANGUAGE 369
PATHOLOGIST'S USE AND BY PERFORMING SIMILAR CLERICAL DUTIES 370
DIRECTED BY THE SPEECH-LANGUAGE PATHOLOGIST, PERFORMING CHECKS 371
AND MAINTENANCE OF EQUIPMENT, AND PARTICIPATING WITH THE 372
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SPEECH-LANGUAGE PATHOLOGIST IN RESEARCH PROJECTS AND OTHER 373
PROGRAMS ASSOCIATED WITH SPEECH-LANGUAGE PATHOLOGY. 374
(E) "SPEECH-LANGUAGE PATHOLOGY AIDE" OR "AUDIOLOGY AIDE" 377
MEANS A PERSON WHO SUPPORTS A SUPERVISING SPEECH-LANGUAGE 378
PATHOLOGIST OR AUDIOLOGIST IN PERFORMING THE NONTECHNICAL 379
ACTIVITIES ASSOCIATED WITH THE PRACTICE OF SPEECH-LANGUAGE 380
PATHOLOGY OR AUDIOLOGY, SUCH AS PREPARING TREATMENT ROOMS AND 381
MATERIALS, ORDERING SUPPLIES, AND MAINTAINING RECORD KEEPING 382
SYSTEMS.
(F) "Audiologist" means a person who practices audiology 384
and who represents himself CLAIMS TO THE PUBLIC to be an 385
audiologist by using the term "audiology," "audiologist," 387
"audiometry," "audiometrist," "audiological," "hearing therapy," 388
"hearing therapist," "hearing clinic," "hearing clinician," or 389
"hearing aid audiologist," or any similar title. 390
(E)(G) "Audiology" means the application of principles, 392
methods, or procedures related to hearing and the disorders of 393
hearing. 394
(F)(H) "Disorders" includes any and all conditions, 396
whether of organic or nonorganic origin, peripheral or central, 397
that impede the normal process of human communication including 398
disorders of auditory sensitivity, acuity, function, or 399
processing. 400
(G)(I) "Practice of audiology" means the planning, 402
directing, supervising, and conducting of habilitative or 403
rehabilitative counseling programs for individuals or groups of 404
individuals who have or are suspected of having disorders of 405
hearing; any service in audiology, including prevention, 406
identification, evaluation, consultation, habilitation or 407
rehabilitation, instruction, and research; participating in 408
hearing conservation, hearing aid and assistive listening device 409
evaluation, selection, preparation, dispensing, and orientation; 410
fabricating ear molds; providing auditory training and speech 411
reading; and administering tests of vestibular function and tests 412
10
for tinnitus in accordance with section 4753.14 of the Revised 413
Code. The "practice of audiology" includes speech and language 414
screening limited to a pass-or-fail determination, for the 415
purpose of identification of individuals with disorders of 416
communication. The practice of audiology does not include the 417
practice of medicine and surgery or osteopathic medicine and 418
surgery, or the performance of a task in the normal practice of 419
medicine and surgery or osteopathic medicine and surgery by a 420
person to whom the task is delegated by a licensed physician. 421
Sec. 4753.02. No person shall practice, OR offer to 430
practice, or aid and abet the practice of the profession of 432
speech-language pathology or audiology, or use in connection with 434
his THE PERSON'S name, or otherwise assume, use, or advertise any 436
title or description tending to convey the impression that he THE 437
PERSON is a speech-language pathologist or audiologist, unless 440
the person is licensed under this chapter AS A SPEECH-LANGUAGE 441
PATHOLOGIST OR AUDIOLOGIST.
NO PERSON SHALL PRACTICE AS A SPEECH-LANGUAGE PATHOLOGY 443
ASSISTANT UNLESS THE PERSON IS LICENSED UNDER THIS CHAPTER AS A 444
SPEECH-LANGUAGE PATHOLOGY ASSISTANT. 445
NO PERSON SHALL BE EMPLOYED AS A SPEECH-LANGUAGE PATHOLOGY 447
AIDE OR AUDIOLOGY AIDE UNLESS THE PERSON IS LICENSED UNDER THIS 448
CHAPTER AS A SPEECH-LANGUAGE PATHOLOGY AIDE OR AUDIOLOGY AIDE. 449
Sec. 4753.03. There is hereby created the board of 458
speech-language pathology and audiology consisting of eight NINE 459
residents of this state to be appointed by the governor with the 460
advice and consent of the senate. Three members of the board 461
shall be licensed speech-language pathologists, and three members 462
shall be licensed audiologists, who have been licensed and 463
engaged in the practice, teaching, administration, or research in 464
the area of appointment for at least five years prior to the 465
dates of their appointment. Beginning with the first appointment 466
of an audiologist to the board after the effective date of this 467
amendment NOVEMBER 5, 1992, at all times one of the audiologists 469
11
serving on the board must be an audiologist engaged in the 470
practice of fitting and dispensing hearing aids. ONE MEMBER 471
SHALL BE THE SUPERINTENDENT OF AN EDUCATIONAL SERVICE CENTER. At 472
all times, two members shall be representatives of the general 473
public, and neither shall be a speech-language pathologist or 474
audiologist or a person licensed under this chapter. At least 475
one of the members representing the general public shall be at 476
least sixty years of age. Any speech-language pathologists and 477
audiologists among the initial appointees shall have at least a 478
bachelor's degree in speech-language pathology or audiology and 479
shall meet the standards for licensure, other than examination, 480
established by section 4753.06 or 4753.08 of the Revised Code. 481
Any speech-language pathologist or audiologist appointed to the 482
board after the effective date of this amendment NOVEMBER 5, 484
1992, must hold a master's or doctorate degree. 485
Terms of office shall be for three years, each term 487
commencing on the twenty-seventh day of September and ending on 488
the twenty-sixth day of September. Each A member shall hold 489
office from the date of his appointment until the end of the term 491
for which he THE MEMBER was appointed. Any A member appointed to 493
fill a vacancy occurring prior to the expiration of the term for 494
which his THE MEMBER'S predecessor was appointed shall hold 496
office for the remainder of such term. Any A member shall 497
continue in office subsequent to the expiration date of his THE 499
MEMBER'S term until his THE MEMBER'S successor takes office, or 500
until a period of sixty days has elapsed, whichever occurs first. 501
No person shall be appointed to serve consecutively more than two 502
full terms. The executive council of the Ohio speech and hearing 503
association may recommend, within forty-five days after any 504
vacancy or expiration of a member's term occurs, no more than 505
three persons to fill each position or vacancy on the board, and 506
the governor may make his appointment from APPOINT ONE OF the 507
persons so recommended. If the council fails to make 509
recommendations within the required time, the governor shall make 510
12
the appointment without its recommendations. 511
The terms of all speech-language pathology members shall 513
not end in the same year; the terms of all audiology members 514
shall not end in the same year. Upon the first appointment 515
following the effective date of this amendment NOVEMBER 5, 1992, 517
the governor shall appoint speech-language pathology members and 518
audiology members to one-, two-, or three-year terms to prevent 519
the terms of all speech-language pathology members or all 520
audiology members from ending in the same year. Thereafter, all 521
terms shall be for three years. 522
Sec. 4753.04. The board of speech-language pathology and 531
audiology shall hold at least one regular meeting a year, at 532
which it shall elect a chairman CHAIRPERSON and vice-chairman 534
VICE-CHAIRPERSON from among its members. Additional meetings may 535
be held upon call of the chairman CHAIRPERSON or at the written 536
request of two or more members of the board. Five members of the 537
board constitute a quorum to conduct business, if one member who 538
is a speech-language pathologist and, one member who is an 539
audiologist, AND THE MEMBER WHO IS A SUPERINTENDENT OF AN 540
EDUCATIONAL SERVICE CENTER are present.
The board may employ an executive director, who shall serve 542
at the board's pleasure, and shall designate his THE duties and 543
fix his THE compensation OF THE EXECUTIVE DIRECTOR. The board 545
may hire such other employees and consultants as it finds
necessary. Members of the board shall receive compensation 546
pursuant to division (J) of section 124.15 of the Revised Code 547
for each day employed in the discharge of their official duties. 548
The members shall be reimbursed for actual and necessary expenses 549
incurred in the performance of their official duties. All 550
vouchers of the board shall be signed by the chairman CHAIRPERSON 551
or the executive director of the board. 552
Sec. 4753.05. (A) The board of speech-language pathology 561
and audiology may make reasonable rules necessary for the 562
administration of this chapter. The board shall adopt rules to 563
13
ensure ethical standards of practice by speech-language 564
pathologists and audiologists licensed pursuant to this chapter. 565
All rules adopted under this chapter shall be adopted in 566
accordance with Chapter 119. of the Revised Code. 567
(B) The board shall determine ESTABLISH the nature and 569
scope of examinations to be administered to applicants for 570
licensure pursuant to this chapter in the practices of AS 571
speech-language pathology PATHOLOGISTS and audiology, and shall 572
evaluate the qualifications of all applicants AUDIOLOGISTS. 574
Written examinations may be supplemented by such practical and 576
oral examinations as the board shall determine by rule. The 577
board shall determine by rule the minimum examination score for 578
licensure. Licensure shall be granted independently in
speech-language pathology and audiology. The board shall 579
maintain a current public record of all persons licensed, to be 580
made available upon request. 581
(C) The board shall publish and make available, upon 583
request, the licensure standards prescribed by this chapter and 584
rules adopted pursuant thereto FOR SPEECH-LANGUAGE PATHOLOGISTS, 585
SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, SPEECH-LANGUAGE PATHOLOGY 586
AIDES, AUDIOLOGISTS, AND AUDIOLOGY AIDES. THE BOARD SHALL 587
MAINTAIN A CURRENT PUBLIC RECORD OF ALL PERSONS LICENSED, TO BE 588
MADE AVAILABLE ON REQUEST.
(D) The board shall submit to the governor each year a 590
report of all its official actions during the preceding year 591
together with any recommendations and findings with regard to the 592
improvement of the professions of audiology and speech-language 593
pathology. 594
(E) The board shall investigate all alleged irregularities 596
in the practices of speech-language pathology and audiology by 597
persons licensed pursuant to this chapter and any violations of 598
this chapter or rules adopted by the board. The board shall not 599
investigate the practice of any person specifically exempted from 600
licensure under this chapter by section 4753.12 of the Revised 601
14
Code, as long as the person is practicing within the scope of his 602
THE PERSON'S license or is carrying out responsibilities as 603
described in division (H) or (I) of section 4753.12 of the 604
Revised Code and does not hold himself out CLAIM to be a 605
speech-language pathologist or audiologist. 606
In conducting investigations under this division, the board 608
may administer oaths, order the taking of depositions, issue 609
subpoenas, and compel the attendance of witnesses and the 610
production of books, accounts, papers, records, documents, and 611
testimony. In any case of disobedience or neglect of any 612
subpoena served on any person or the refusal of any witness to
testify to any matter regarding which he THE WITNESS may lawfully 613
be interrogated, the court of common pleas of any county where 614
such disobedience, neglect, or refusal occurs or any judge 616
thereof, on application by the board, shall compel obedience by
attachment proceedings for contempt, as in the case of 617
disobedience of the requirements of a subpoena issued from such 618
court, or a refusal to testify therein. 619
(F) The board shall conduct such hearings and keep such 621
records and minutes as are necessary to carry out this chapter. 622
(G) The board shall adopt a seal by which it shall 624
authenticate its proceedings. Copies of the proceedings, 625
records, and acts signed by the chairman CHAIRPERSON or executive 627
director and authenticated by such seal shall be prima-facie
evidence thereof in all courts of this state. 628
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 630
Sec. 4753.06. No person is eligible for licensure as a 639
speech-language pathologist or audiologist unless: 640
(A) He THE PERSON has obtained a broad general education 642
to serve as a background for his THE PERSON'S specialized 644
academic training and preparatory professional experience. Such 646
background may include study from among the areas of human 647
psychology, sociology, psychological and physical development, 648
the physical sciences, especially those that pertain to acoustic 649
15
and biological phenomena, and human anatomy and physiology, 650
including neuroanatomy and neurophysiology. 651
(B) He THE PERSON submits to the board an official 653
transcript demonstrating that he THE PERSON has at least a 654
master's degree in the area in which licensure is sought or the 656
equivalent as determined by the board. His THE PERSON'S academic 657
credit must include course work accumulated in the completion of 659
a well-integrated course of study approved by the board and 660
delineated by rule dealing with the normal aspects of human 661
communication, development and disorders thereof, and clinical 662
techniques for the evaluation and the improvement or eradication 663
of such disorders. The course work must have been completed at 664
colleges or universities accredited by regional or national 665
accrediting organizations recognized by the board. 666
(C) He THE PERSON submits to the board evidence of the 668
completion of appropriate, supervised clinical experience in the 670
professional area, speech-language pathology or audiology, for 671
which licensure is requested, dealing with a variety of 672
communication disorders. The appropriateness of the experience 673
shall be determined under rules of the board. This experience 674
shall have been obtained in an accredited college or university, 675
in a cooperating program of an accredited college or university, 676
or in another program approved by the board. 677
(D) He THE PERSON presents to the board written evidence 679
that he has OF HAVING obtained professional experience. The 681
professional experience shall be appropriately supervised as 682
determined by board rule. The amount of professional experience 683
shall be determined by board rule and shall be bona fide clinical 684
work that has been accomplished in the major professional area, 685
speech-language pathology or audiology, in which licensure is 686
being sought. This experience shall not begin until the 687
requirements of divisions (B) and (C) of this section have been 688
completed unless approved by the board. Before beginning the 689
supervised professional experience pursuant to this section, any 690
16
applicant for licensure to practice speech-language pathology or 691
audiology shall meet the requirements for a conditional license 692
pursuant to section 4753.071 4753.061 of the Revised Code. 693
(E) He THE PERSON submits to the board evidence that he 695
has OF HAVING passed the examination for licensure to practice 697
speech-language pathology or audiology ESTABLISHED pursuant to 698
division (B) of section 4753.05 of the Revised Code. 699
Sec. 4753.071 4753.061. The board of speech-language 708
pathology and audiology shall issue a conditional license AS A 710
SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST to an applicant who, 711
except for the supervised professional experience: 712
(A) Meets the academic, practicum, and examination 714
requirements of divisions (B), (C), and (E) of section 4753.06 of 715
the Revised Code; 716
(B) Submits an application to the board, including a plan 718
for the content of the supervised professional experience on a 719
form prescribed by the board and pays to the board the 720
appropriate fee for a conditional license. An applicant may not 721
begin employment until the conditional license has been approved. 722
A conditional license authorizes an individual to practice 724
speech-language pathology or audiology while completing the 725
supervised professional experience as required by division (D) of 726
section 4753.06 of the Revised Code. A person holding a 727
conditional license may practice speech-language pathology or 728
audiology while working under the supervision of a person fully 729
licensed in accordance with this chapter. A conditional license 730
is valid for eighteen months unless suspended or revoked pursuant 731
to section 2301.373 or 4753.10 of the Revised Code. 732
A person holding a conditional license may perform services 734
for which reimbursement will be sought under the medicare program 735
established under Title XVIII of the "Social Security Act," 49 736
Stat. 620 (1935), 42 U.S.C. 301, as amended, or the medical 737
assistance program established under Chapter 5111. of the Revised 738
Code and Title XIX of the "Social Security Act" but all requests 740
17
for reimbursement for such services shall be made by the person 741
who supervises the person performing the services. 742
Sec. 4753.062. (A) THE BOARD OF SPEECH-LANGUAGE PATHOLOGY 745
AND AUDIOLOGY SHALL ADOPT RULES FOR THE LICENSURE OF 746
SPEECH-LANGUAGE PATHOLOGY ASSISTANTS. IN ADOPTING THE RULES, THE 747
BOARD MAY CONSIDER THE GUIDELINES ESTABLISHED BY THE AMERICAN 749
SPEECH-LANGUAGE-HEARING ASSOCIATION. THE BOARD'S RULES SHALL DO 750
ALL OF THE FOLLOWING: 751
(1) SPECIFY THE QUALIFICATIONS NECESSARY TO RECEIVE A 753
LICENSE AS A SPEECH-LANGUAGE PATHOLOGY ASSISTANT UNDER DIVISION 755
(B)(1) OF THIS SECTION, INCLUDING REQUIREMENTS REGARDING 756
SUPERVISED PROFESSIONAL EXPERIENCE AND DEMONSTRATION OF 757
COMPETENCY;
(2) ESTABLISH STANDARDS FOR THE PRACTICE OF 759
SPEECH-LANGUAGE PATHOLOGY ASSISTANTS; 760
(3) ESTABLISH STANDARDS FOR APPROPRIATE SUPERVISION OF A 763
SPEECH-LANGUAGE PATHOLOGY ASSISTANT BY A SPEECH-LANGUAGE
PATHOLOGIST, INCLUDING REQUIREMENTS THAT MUST BE MET TO BE THE 764
SUPERVISOR OF A SPEECH-LANGUAGE PATHOLOGY ASSISTANT AND 765
REQUIREMENTS THAT MUST BE MET WHEN SUPERVISING A SPEECH-LANGUAGE 766
PATHOLOGY ASSISTANT; 767
(4) PROVIDE FOR ISSUANCE OF CONDITIONAL LICENSES TO 769
APPLICANTS WHO HAVE FULFILLED ALL OF THE REQUIREMENTS FOR 770
LICENSURE EXCEPT FOR SUPERVISED PROFESSIONAL EXPERIENCE. 771
(B) THE BOARD SHALL LICENSE AN APPLICANT TO PRACTICE AS A 773
SPEECH-LANGUAGE PATHOLOGIST ASSISTANT IF ONE OF THE FOLLOWING 776
APPLIES:
(1) THE APPLICANT HAS OBTAINED AN ASSOCIATE DEGREE IN A 778
SPEECH-LANGUAGE PATHOLOGY ASSISTANT TRAINING PROGRAM APPROVED BY 779
THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION, OR COMPLETED A 780
COLLEGE-BASED SPEECH-LANGUAGE PATHOLOGY ASSISTANT CERTIFICATE 782
PROGRAM FROM AN INSTITUTION ACCEPTABLE TO THE BOARD OR AN
EQUIVALENT COURSE OF STUDY WITH A MAJOR EMPHASIS IN THE AREA OF 783
SPEECH-LANGUAGE PATHOLOGY, AND HAS THE QUALIFICATIONS FOR 785
18
LICENSURE SPECIFIED BY THE BOARD IN RULES ADOPTED UNDER DIVISION 786
(A)(1) OF THIS SECTION;
(2) THE APPLICANT HAS OBTAINED A BACHELOR'S DEGREE IN 788
SPEECH-LANGUAGE PATHOLOGY FROM AN INSTITUTION ACCEPTABLE TO THE 789
BOARD.
(C) A SPEECH-LANGUAGE PATHOLOGY ASSISTANT SHALL NOT ACT 792
INDEPENDENTLY AND SHALL WORK ONLY UNDER THE DIRECT AND INDIRECT 793
SUPERVISION OF A SPEECH-LANGUAGE PATHOLOGIST LICENSED UNDER THIS 794
CHAPTER. A SPEECH-LANGUAGE PATHOLOGY ASSISTANT SHALL NOT 795
DISPENSE HEARING AIDS. AN APPLICANT FOR A LICENSE AS A 796
SPEECH-LANGUAGE PATHOLOGY ASSISTANT SHALL NOT BEGIN EMPLOYMENT AS 797
A SPEECH-LANGUAGE PATHOLOGY ASSISTANT UNTIL THE APPLICANT'S 798
LICENSE HAS BEEN APPROVED. 799
Sec. 4753.072 4753.063. The board of speech-language 808
pathology and audiology shall establish by rule pursuant to 811
ADOPTED IN ACCORDANCE WITH Chapter 119. of the Revised Code the 813
qualifications for persons seeking licensure as a speech-language 814
pathology aide or an audiology aide. The qualifications shall be 816
less than the standards for licensure as a speech-language 818
pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist. 819
An aide shall not act independently and shall work under the 821
direction and supervision of a speech-language pathologist or 823
audiologist licensed by the board. An aide shall not dispense 825
hearing aids. An applicant shall not begin employment until the 827
license has been approved.
Sec. 4753.07. The board of speech-language pathology and 836
audiology shall EVALUATE THE QUALIFICATIONS OF ALL APPLICANTS FOR 837
LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST, SPEECH-LANGUAGE 838
PATHOLOGY ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, AUDIOLOGIST, 839
OR AUDIOLOGY AIDE. THE BOARD SHALL issue under its seal a THE 841
APPROPRIATE license or conditional license to every applicant who 843
has passed the appropriate examinations designated by the board 844
and who otherwise complies with the licensure requirements of 846
this chapter. The license or conditional license entitles the 848
19
holder to practice speech-language pathology or audiology OR BE 850
EMPLOYED IN THE CAPACITY DESIGNATED BY THE LICENSE. Each 851
licensee shall display the license or conditional license or an 853
official duplicate in a conspicuous place where the licensee 854
practices speech-language pathology or audiology or both. 855
Sec. 4753.08. The board of speech-language pathology and 864
audiology shall waive the examination and educational 865
requirements TO BE LICENSED AS A SPEECH-LANGUAGE PATHOLOGIST OR 866
AUDIOLOGIST for any applicant who: 867
(A) On September 26, 1975, has at least a bachelor's 869
degree with a major in speech-language pathology or audiology 870
from an accredited college or university, or who has been 871
employed as a speech-language pathologist or audiologist for at 872
least nine months at any time within the three years prior to 873
September 26, 1975, if an application providing bona fide proof 874
of such degree or employment is filed with the board within one 875
year after September 26, 1975, and is accompanied by the 876
application fee as prescribed in division (A) of section 4753.11 877
of the Revised Code; 878
(B) Presents proof of current certification or licensure 880
in good standing in the area in which licensure is sought in a 881
state which has standards at least equal to those for licensure 882
in this state; 883
(C) Presents proof of a current certificate of clinical 885
competence in speech-language pathology or audiology that is in 886
good standing and received from the American 887
speech-language-hearing association in the area in which 888
licensure is sought; 889
(D) On January 1, 2001, holds a current certificate 892
LICENSE, except a temporary certificate, if the certificate 893
LICENSE is in good standing in the area in which licensure is 894
sought and if an application providing bona fide proof of the 895
certificate LICENSE is filed with the board on or after January 897
1, 2001, but before January 1, 2002. Notwithstanding division 898
20
(A) of section 4753.11 of the Revised Code, the board shall not 899
charge a licensure fee for a license issued by waiver to the 900
holder of such a certificate LICENSE. As used in this division, 902
"certificate LICENSE" means a certificate LICENSE issued by the 903
Ohio department of education to an applicant to serve as a SCHOOL 904
speech and hearing therapist, a school speech-language 906
pathologist, a school audiologist, or any equivalent position for 907
which a certificate LICENSE is issued by the Ohio department of 909
education.
(E) On January 1, 2001, is employed as a speech-language 912
pathologist or audiologist by any agency of this state, if an
application providing bona fide proof of the employment in the 913
area in which licensure is sought is filed with the board on or 914
after January 1, 2001, but before January 1, 2002. 915
Notwithstanding division (A) of section 4753.11 of the Revised 916
Code, the board shall not charge a licensure fee for a license 917
issued by waiver to a person so employed.
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 919
Sec. 4753.09. (A) Except as provided in this section and 928
in section 4753.10 of the Revised Code, a license issued by the 929
board of speech-language pathology and audiology shall be renewed 930
biennially in accordance with the standard renewal procedure 931
contained in Chapter 4745. of the Revised Code. If the 932
application for renewal is made after one year, the person shall 933
apply for licensure as provided in UNDER section 4753.06, 934
4753.062, 4753.063, or division (B) or (C) of section 4753.08 of 936
the Revised Code. The board shall not renew a conditional 937
license; however, the board may grant an applicant a second 938
conditional license.
The board shall establish by rule adopted pursuant to 940
Chapter 119. of the Revised Code the qualifications for license 941
renewal. Applicants shall demonstrate continued competence, 942
which may include continuing education, examination, 943
self-evaluation, peer review, performance appraisal, or practical 944
21
simulation. The board may establish other requirements as a 945
condition for license renewal as considered appropriate by the 946
board. 947
The board may renew a license which expires while the 949
license is suspended, but the renewal shall not affect the 950
suspension. The board shall not renew a license which has been 951
revoked. If a revoked license is reinstated under section 952
4753.10 of the Revised Code after it has expired, the licensee, 953
as a condition of reinstatement, shall pay a reinstatement fee in 954
the amount equal to the renewal fee in effect on the last 955
preceding regular renewal date on which it is reinstated, plus 956
any delinquent fees accrued from the time of the revocation, if 957
such a fee is prescribed by the board by rule. A 958
(B) A license AS A SPEECH-LANGUAGE PATHOLOGIST OR 960
AUDIOLOGIST shall not be renewed six years after the initial date 962
on which the license was granted for a person initially licensed 963
by exemption UNDER SECTION 4753.08 OF THE REVISED CODE until that 965
person presents to the board proof of completion of the following 966
requirements:
(A)(1) Upon presentation of proof of a bachelor's degree 968
with a major in the area of licensure or successful completion of 969
at least eighteen semester hours of academic credit, or its 970
equivalent as determined by the board by rule for colleges and 971
universities not using semesters, accumulated from accredited 972
colleges and universities. These eighteen semester hours shall 973
be in a variety of courses that provide instruction related to 974
the nature of communication disorders and present information 975
pertaining to and training in the evaluation and management of 976
speech, language, and hearing disorders and shall be in the 977
professional area, speech-language pathology or audiology, for 978
which licensure is requested. 979
(B)(2) Successful completion of at least one hundred fifty 981
clock hours of appropriately supervised, as determined by board 982
rule, clinical experience in the professional area, 983
22
speech-language pathology or audiology, for which licensure is 984
requested, with individuals who present a variety of 985
communication disorders, and the experience shall have been 986
obtained under the supervision of a licensed speech-language 987
pathologist or audiologist, or within another program approved by 988
the board. 989
Sec. 4753.10. (A) In accordance with Chapter 119. of the 998
Revised Code, the board of speech-language pathology and 999
audiology may reprimand or place on probation a speech-language 1,000
pathologist or, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, 1,001
SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR AUDIOLOGY AIDE, 1,003
or suspend, revoke, or refuse to issue or renew the license of a 1,004
speech-language pathologist or, SPEECH-LANGUAGE PATHOLOGY 1,005
ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR 1,007
AUDIOLOGY AIDE. Disciplinary actions may be taken by the board 1,008
for conduct that may result from but not necessarily be limited 1,009
to:
(A)(1) Fraud, deception, or misrepresentation in obtaining 1,011
or attempting to obtain a license; 1,012
(B)(2) Fraud, deception, or misrepresentation in using a 1,014
license; 1,015
(C)(3) Altering a license; 1,017
(D)(4) Aiding or abetting unlicensed practice; 1,019
(E)(5) Committing fraud, deception, or misrepresentation 1,021
in the practice of speech-language pathology or audiology 1,022
including:
(1)(a) Making or filing a false report or record in the 1,024
practice of speech-language pathology or audiology; 1,025
(2)(b) Submitting a false statement to collect a fee; 1,027
(3)(c) Obtaining a fee through fraud, deception, or 1,029
misrepresentation, or accepting commissions or rebates or other 1,030
forms of remuneration for referring persons to others. 1,031
(F)(6) Using or promoting or causing the use of any 1,033
misleading, deceiving, improbable, or untruthful advertising 1,034
23
matter, promotional literature, testimonial, guarantee, warranty, 1,035
label, brand, insignia, or any other representation; 1,036
(G)(7) Falsely representing the use or availability of 1,038
services or advice of a physician; 1,039
(H)(8) Misrepresenting the applicant, licensee, or holder 1,041
by using the word "doctor" or any similar word, abbreviation, or 1,042
symbol if the use is not accurate or if the degree was not 1,043
obtained from an accredited institution; 1,044
(I)(9) Committing any act of dishonorable, immoral, or 1,046
unprofessional conduct while engaging in the practice of 1,047
speech-language pathology or audiology; 1,048
(J)(10) Engaging in illegal, incompetent, or habitually 1,050
negligent practice; 1,051
(K)(11) Providing professional services while: 1,053
(1)(a) Mentally incompetent; 1,055
(2)(b) Under the influence of alcohol; 1,057
(3)(c) Using any narcotic or controlled substance or other 1,059
drug that is in excess of therapeutic amounts or without valid 1,060
medical indication. 1,061
(L)(12) Providing services or promoting the sale of 1,063
devices, appliances, or products to a person who cannot 1,064
reasonably be expected to benefit from such services, devices, 1,065
appliances, or products in accordance with results obtained 1,066
utilizing appropriate assessment procedures and instruments; 1,067
(M)(13) Violating this chapter or any lawful order given 1,069
or rule adopted by the board; 1,070
(N)(14) Being convicted of or pleading guilty or nolo 1,072
contendere to a felony or to a crime involving moral turpitude, 1,073
whether or not any appeal or other proceeding is pending to have 1,074
the conviction or plea set aside; 1,075
(O)(15) Being disciplined by a licensing or disciplinary 1,077
authority of this or any other state or country or convicted or 1,078
disciplined by a court of this or any other state or country for 1,079
an act that would be grounds for disciplinary action under this 1,080
24
section. 1,081
(B) After revocation of a license under this section, 1,083
application may be made to the board for reinstatement. The 1,084
board, in accordance with an order of revocation as issued under 1,085
Chapter 119. of the Revised Code, may require an examination for 1,086
such reinstatement. 1,087
(C) If any person has engaged in any practice which 1,089
constitutes an offense under the provisions of this chapter or 1,090
rules promulgated thereunder by the board, the board may apply to 1,091
the court of common pleas of the county for an injunction or 1,092
other appropriate order restraining such conduct, and the court 1,093
may issue such order. 1,094
(D) Any person who wishes to make a complaint against any 1,096
person licensed pursuant to this chapter shall submit the 1,097
complaint in writing to the board within one year from the date 1,098
of the action or event upon which the complaint is based. The 1,099
board shall determine whether the allegations in the complaint 1,100
are of a sufficiently serious nature to warrant formal 1,101
disciplinary charges against the licensee pursuant to this 1,102
section. If the board determines that formal disciplinary 1,103
charges are warranted, it shall proceed in accordance with the 1,104
procedures established in Chapter 119. of the Revised Code. 1,105
Sec. 4753.12. Nothing in this chapter shall be construed 1,114
to:
(A) Prohibit a person other than an individual from 1,116
engaging in the business of speech-language pathology or 1,117
audiology without licensure if it employs a licensed individual 1,118
in the direct practice of speech-language pathology and 1,119
audiology. Such entity shall file a statement with the board, on 1,120
a form approved by the board for this purpose, swearing that it 1,121
submits itself to the rules of the board and the provisions of 1,122
this chapter which the board determines applicable. 1,123
(B) Prevent or restrict the practice of speech and hearing 1,125
therapy or the use of the official title of such practice by a 1,126
25
person who holds a valid and current license as a speech and 1,128
hearing therapist issued by the state board of education, to 1,129
prevent or restrict the establishment of standards and courses of 1,130
study pursuant to Chapter 3319. of the Revised Code, to prevent 1,131
or restrict the licensure of teachers pursuant to Chapter 3319. 1,132
of the Revised Code, or prevent any person assigned by or under 1,133
the control of the superintendent of or board of a city, local, 1,134
or exempted village school district or of an educational service
center from identification screening of speech or hearing 1,136
impairments of pupils enrolled in the district or educational 1,137
service center, provided such persons are performing activities 1,138
within the scope of their employment and do not offer to render 1,139
speech-language pathology or audiology services to the general 1,140
public outside of the institutions or organizations in which they 1,141
are employed. 1,142
(C) Prevent or restrict the practice of a person employed 1,144
as a speech-language pathologist or, SPEECH-LANGUAGE PATHOLOGY 1,146
ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR 1,147
AUDIOLOGY AIDE by any agency of the state or the federal 1,148
government, INCLUDING AN EDUCATOR HOLDING A TEMPORARY LICENSE 1,149
ISSUED BY THE STATE BOARD OF EDUCATION UNDER SECTION 3319.223 OF 1,150
THE REVISED CODE.
(D) Restrict the activities and services of a student or 1,152
intern in speech-language pathology or audiology from pursuing a 1,153
course of study leading to a degree in these areas 1,154
SPEECH-LANGUAGE PATHOLOGY, SPEECH-LANGUAGE PATHOLOGY ASSISTING, 1,155
OR AUDIOLOGY at a college or university accredited by a 1,156
recognized regional or national accrediting body or in one of its 1,157
cooperating clinical training facilities, if these activities and 1,158
services are supervised by EITHER a person SPEECH-LANGUAGE 1,159
PATHOLOGIST OR AUDIOLOGIST, AS APPROPRIATE TO THE AREA BEING 1,160
STUDIED, WHO IS licensed in the area of study or certified by the 1,161
American speech-language-hearing association in the area of study 1,162
and if the student is designated by a title such as 1,163
26
"speech-language pathology intern," "SPEECH-LANGUAGE PATHOLOGY 1,164
ASSISTANT IN TRAINING," "audiology intern," "trainee," or other 1,165
such title clearly indicating the training status. 1,166
(E) Prevent a person from performing speech-language 1,168
pathology or audiology services when performing these services in 1,169
pursuit of the required supervised professional experience as 1,170
prescribed in section 4753.06 OR 4753.062 of the Revised Code and 1,172
that person has been issued a conditional license pursuant to 1,173
section 4753.071 4753.061 OR 4753.062 of the Revised Code. 1,175
(F) Restrict a speech-language pathologist, 1,177
SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist who holds the 1,179
certification of the American speech-language-hearing 1,180
association, or who is licensed as a speech-language pathologist, 1,181
SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist in another 1,182
state and who has made application to the board for a license in 1,183
this state, from practicing AS A speech-language pathology or 1,184
audiology PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, OR 1,185
AUDIOLOGIST without a valid license pending the disposition of 1,187
the application.
(G) Restrict a person not a resident of this state from 1,189
offering speech-language pathology or audiology services in this 1,190
state AS A SPEECH-LANGUAGE PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY 1,191
ASSISTANT, OR AUDIOLOGIST if such services are performed for not 1,192
more than one period of thirty consecutive calendar days in any 1,194
year, if the person is licensed in the state of the person's 1,195
residence or certified by the American speech-language-hearing 1,196
association and files a statement as prescribed by the board in 1,197
advance of providing these services. Such person shall be 1,198
subject to the rules of the board and the provisions of this 1,199
chapter.
(H) Restrict a person licensed under Chapter 4747. of the 1,201
Revised Code from engaging in the duties as defined in that 1,202
chapter related to measuring, testing, and counseling for the 1,203
purpose of identifying or modifying hearing conditions in 1,204
27
connection with the fitting, dispensing, or servicing of a 1,205
hearing aid, or affect the authority of hearing aid dealers to 1,206
deal in hearing aids or advertise the practice of dealing in 1,207
hearing aids in accordance with Chapter 4747. of the Revised 1,208
Code. 1,209
(I) Restrict a physician from engaging in the practice of 1,211
medicine and surgery or osteopathic medicine and surgery or 1,212
prevent any individual from carrying out any properly delegated 1,213
responsibilities within the normal practice of medicine and 1,214
surgery or osteopathic medicine and surgery. 1,215
(J) Restrict a person registered or licensed under Chapter 1,217
4723. of the Revised Code from performing those acts and 1,218
utilizing those procedures that are within the scope of the 1,219
practice of professional or practical nursing as defined in 1,220
Chapter 4723. of the Revised Code and the ethics of the nursing 1,221
profession, provided such a person does not hold self out CLAIM 1,223
to the public as TO BE a speech-language pathologist, 1,224
SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist. 1,225
(K) Restrict an individual licensed as an audiologist 1,227
under this chapter from fitting, selling, or dispensing hearing 1,228
aids. 1,229
(L) Authorize the practice of medicine and surgery or 1,231
entitle a person licensed pursuant to this chapter to engage in 1,232
the practice of medicine or surgery or any of its branches. 1,233
(M) Restrict a person licensed pursuant to Chapter 4755. 1,235
of the Revised Code from performing those acts and utilizing 1,236
those procedures that are within the scope of the practice of 1,237
occupational therapy or occupational therapy assistant as defined 1,238
in Chapter 4755. of the Revised Code, provided the person does 1,239
not hold oneself out CLAIM to the public as TO BE a 1,241
speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, 1,242
or audiologist. 1,243
THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002. 1,245
Sec. 4769.01. As used in this chapter: 1,254
28
(A) "Medicare" means the program established by Title 1,256
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 1,257
U.S.C.A. 301, as amended. 1,258
(B) "Balance billing" means charging or collecting from a 1,260
medicare beneficiary an amount in excess of the medicare 1,261
reimbursement rate for medicare-covered services or supplies 1,262
provided to a medicare beneficiary, except when medicare is the 1,263
secondary insurer. When medicare is the secondary insurer, the 1,264
health care practitioner may pursue full reimbursement under the 1,265
terms and conditions of the primary coverage and, if applicable, 1,266
the charge allowed under the terms and conditions of the 1,267
appropriate provider contract, from the primary insurer, but the 1,268
medicare beneficiary cannot be balance billed above the medicare 1,269
reimbursement rate for a medicare-covered service or supply. 1,270
"Balance billing" does not include charging or collecting 1,271
deductibles or coinsurance required by the program.
(C) "Health care practitioner" means all of the following: 1,273
(1) A dentist or dental hygienist licensed under Chapter 1,275
4715. of the Revised Code; 1,276
(2) A registered or licensed practical nurse licensed 1,278
under Chapter 4723. of the Revised Code; 1,279
(3) An optometrist licensed under Chapter 4725. of the 1,281
Revised Code; 1,282
(4) A dispensing optician, spectacle dispensing optician, 1,284
contact lens dispensing optician, or spectacle-contact lens 1,285
dispensing optician licensed under Chapter 4725. of the Revised 1,286
Code; 1,287
(5) A pharmacist licensed under Chapter 4729. of the 1,289
Revised Code; 1,290
(6) A physician authorized under Chapter 4731. of the 1,293
Revised Code to practice medicine and surgery, osteopathic 1,294
medicine and surgery, or podiatry;
(7) A physician assistant authorized under Chapter 4730. 1,297
of the Revised Code to practice as a physician assistant; 1,298
29
(8) A practitioner of a limited branch of medicine issued 1,300
a certificate under Chapter 4731. of the Revised Code; 1,301
(9) A psychologist licensed under Chapter 4732. of the 1,303
Revised Code; 1,304
(10) A chiropractor licensed under Chapter 4734. of the 1,306
Revised Code; 1,307
(11) A hearing aid dealer or fitter licensed under Chapter 1,309
4747. of the Revised Code; 1,310
(12) A speech-language pathologist, SPEECH-LANGUAGE 1,312
PATHOLOGY ASSISTANT, or audiologist licensed under Chapter 4753. 1,314
of the Revised Code;
(13) An occupational therapist or occupational therapy 1,316
assistant licensed under Chapter 4755. of the Revised Code; 1,317
(14) A physical therapist or physical therapy assistant 1,319
licensed under Chapter 4755. of the Revised Code; 1,320
(15) A professional clinical counselor, professional 1,322
counselor, social worker, or independent social worker licensed, 1,324
or a social work assistant registered, under Chapter 4757. of the 1,325
Revised Code; 1,326
(16) A dietitian licensed under Chapter 4759. of the 1,328
Revised Code; 1,329
(17) A respiratory care professional licensed under 1,331
Chapter 4761. of the Revised Code; 1,332
(18) An emergency medical technician-basic, emergency 1,334
medical technician-intermediate, or emergency medical 1,335
technician-paramedic certified under Chapter 4765. of the Revised 1,336
Code. 1,337
Section 2. That existing sections 3709.161, 3721.21, 1,339
4753.01, 4753.02, 4753.03, 4753.04, 4753.05, 4753.06, 4753.07, 1,340
4753.071, 4753.072, 4753.08, 4753.09, 4753.10, 4753.12, and 1,342
4769.01 of the Revised Code are hereby repealed. 1,343
Section 3. Section 3319.223 of the Revised Code is hereby 1,345
repealed, effective January 1, 2002. 1,346
Section 4. That sections 4753.05, 4753.08, and 4753.12 of 1,348
30
the Revised Code, as amended by Am. Sub. S.B. 230 of the 121st 1,349
General Assembly, be amended to read as follows: 1,350
Sec. 4753.05. (A) The board of speech-language pathology 1,359
and audiology may make reasonable rules necessary for the 1,360
administration of this chapter. The board shall adopt rules to 1,361
ensure ethical standards of practice by speech-language 1,363
pathologists and audiologists licensed pursuant to this chapter. 1,364
All rules adopted under this chapter shall be adopted in 1,365
accordance with Chapter 119. of the Revised Code. 1,366
(B) The board shall determine ESTABLISH the nature and 1,368
scope of examinations to be administered to applicants for 1,369
licensure pursuant to this chapter in the practices of AS 1,370
speech-language pathology PATHOLOGISTS and audiology, and shall 1,371
evaluate the qualifications of all applicants AUDIOLOGISTS. 1,373
Written examinations may be supplemented by such practical and 1,375
oral examinations as the board shall determine by rule. The 1,376
board shall determine by rule the minimum examination score for 1,377
licensure. Licensure shall be granted independently in
speech-language pathology and audiology. The board shall 1,378
maintain a current public record of all persons licensed, to be 1,379
made available upon request. 1,380
(C) The board shall publish and make available, upon 1,382
request, the licensure standards prescribed by this chapter and 1,383
rules adopted pursuant thereto FOR SPEECH-LANGUAGE PATHOLOGISTS, 1,384
SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, SPEECH-LANGUAGE PATHOLOGY 1,385
AIDES, AUDIOLOGISTS, AND AUDIOLOGY AIDES. THE BOARD SHALL 1,386
MAINTAIN A CURRENT PUBLIC RECORD OF ALL PERSONS LICENSED, TO BE 1,387
MADE AVAILABLE ON REQUEST.
(D) The board shall submit to the governor each year a 1,389
report of all its official actions during the preceding year 1,390
together with any recommendations and findings with regard to the 1,391
improvement of the professions of audiology and speech-language 1,392
pathology. 1,393
(E) The board shall investigate all alleged irregularities 1,395
31
in the practices of speech-language pathology and audiology by 1,396
persons licensed pursuant to this chapter and any violations of 1,397
this chapter or rules adopted by the board. The board shall not 1,398
investigate the practice of any person specifically exempted from 1,399
licensure under this chapter by section 4753.12 of the Revised 1,400
Code, as long as the person is practicing within the scope of the 1,402
person's license or is carrying out responsibilities as described
in division (G) or (H) of section 4753.12 of the Revised Code and 1,404
does not claim to be a speech-language pathologist or 1,405
audiologist.
In conducting investigations under this division, the board 1,407
may administer oaths, order the taking of depositions, issue 1,408
subpoenas, and compel the attendance of witnesses and the 1,409
production of books, accounts, papers, records, documents, and 1,411
testimony. In any case of disobedience or neglect of any
subpoena served on any person or the refusal of any witness to 1,412
testify to any matter regarding which the witness may lawfully be 1,413
interrogated, the court of common pleas of any county where such 1,415
disobedience, neglect, or refusal occurs or any judge thereof, on 1,416
application by the board, shall compel obedience by attachment 1,417
proceedings for contempt, as in the case of disobedience of the
requirements of a subpoena issued from such court, or a refusal 1,418
to testify therein. 1,419
(F) The board shall conduct such hearings and keep such 1,421
records and minutes as are necessary to carry out this chapter. 1,422
(G) The board shall adopt a seal by which it shall 1,424
authenticate its proceedings. Copies of the proceedings, 1,425
records, and acts signed by the chairperson or executive director 1,427
and authenticated by such seal shall be prima-facie evidence 1,428
thereof in all courts of this state. 1,429
Sec. 4753.08. The board of speech-language pathology and 1,438
audiology shall waive the examination, educational, and 1,440
professional experience requirements TO BE LICENSED AS A
SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST for any applicant who: 1,441
32
(A) On September 26, 1975, has at least a bachelor's 1,443
degree with a major in speech-language pathology or audiology 1,444
from an accredited college or university, or who has been 1,445
employed as a speech-language pathologist or audiologist for at 1,446
least nine months at any time within the three years prior to 1,447
September 26, 1975, if an application providing bona fide proof 1,448
of such degree or employment is filed with the board within one 1,449
year after September 26, 1975, and is accompanied by the 1,450
application fee as prescribed in division (A) of section 4753.11 1,451
of the Revised Code; 1,452
(B) Presents proof of current certification or licensure 1,454
in good standing in the area in which licensure is sought in a 1,455
state which has standards at least equal to those for licensure 1,456
in this state; 1,457
(C) Presents proof of a current certificate of clinical 1,459
competence in speech-language pathology or audiology that is in 1,460
good standing and received from the American 1,461
speech-language-hearing association in the area in which 1,462
licensure is sought. 1,463
Sec. 4753.12. Nothing in this chapter shall be construed 1,472
to: 1,473
(A) Prohibit a person other than an individual from 1,475
engaging in the business of speech-language pathology or 1,476
audiology without licensure if it employs a licensed individual 1,477
in the direct practice of speech-language pathology and 1,478
audiology. Such entity shall file a statement with the board, on 1,479
a form approved by the board for this purpose, swearing that it 1,480
submits itself to the rules of the board and the provisions of 1,481
this chapter which the board determines applicable. 1,482
(B) Prevent or restrict the practice of a person employed 1,484
as a speech-language pathologist or, SPEECH-LANGUAGE PATHOLOGY 1,486
ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR 1,487
AUDIOLOGY AIDE by any agency of the federal government. 1,488
(C) Restrict the activities and services of a student or 1,490
33
intern in speech-language pathology or audiology from pursuing a 1,491
course of study leading to a degree in these areas 1,492
SPEECH-LANGUAGE PATHOLOGY, SPEECH-LANGUAGE PATHOLOGY ASSISTING, 1,493
OR AUDIOLOGY at a college or university accredited by a 1,494
recognized regional or national accrediting body or in one of its 1,495
cooperating clinical training facilities, if these activities and 1,496
services are supervised by EITHER a person SPEECH-LANGUAGE 1,497
PATHOLOGIST OR AUDIOLOGIST, AS APPROPRIATE TO THE AREA BEING 1,498
STUDIED, WHO IS licensed in the area of study or certified by the 1,499
American speech-language-hearing association in the area of study 1,500
and if the student is designated by a title such as 1,501
"speech-language pathology intern," "SPEECH-LANGUAGE PATHOLOGY 1,502
ASSISTANT IN TRAINING," "audiology intern," "trainee," or other 1,503
such title clearly indicating the training status. 1,504
(D) Prevent a person from performing speech-language 1,506
pathology or audiology services when performing these services in 1,507
pursuit of the required supervised professional experience as 1,508
prescribed in section 4753.06 OR 4753.062 of the Revised Code and 1,510
that person has been issued a conditional license pursuant to 1,511
section 4753.071 4753.061 OR 4753.062 of the Revised Code. 1,513
(E) Restrict a speech-language pathologist, 1,515
SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist who holds the 1,517
certification of the American speech-language-hearing 1,518
association, or who is licensed as a speech-language pathologist, 1,519
SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist in another 1,520
state and who has made application to the board for a license in 1,521
this state, from practicing AS A speech-language pathology or 1,522
audiology PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, OR 1,523
AUDIOLOGIST without a valid license pending the disposition of 1,525
the application.
(F) Restrict a person not a resident of this state from 1,527
offering speech-language pathology or audiology services in this 1,528
state AS A SPEECH-LANGUAGE PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY 1,529
ASSISTANT, OR AUDIOLOGIST if such services are performed for not 1,530
34
more than one period of thirty consecutive calendar days in any 1,532
year, if the person is licensed in the state of the person's 1,533
residence or certified by the American speech-language-hearing 1,534
association and files a statement as prescribed by the board in 1,535
advance of providing these services. Such person shall be 1,536
subject to the rules of the board and the provisions of this 1,537
chapter.
(G) Restrict a person licensed under Chapter 4747. of the 1,539
Revised Code from engaging in the duties as defined in that 1,540
chapter related to measuring, testing, and counseling for the 1,541
purpose of identifying or modifying hearing conditions in 1,542
connection with the fitting, dispensing, or servicing of a 1,543
hearing aid, or affect the authority of hearing aid dealers to 1,544
deal in hearing aids or advertise the practice of dealing in 1,545
hearing aids in accordance with Chapter 4747. of the Revised 1,546
Code. 1,547
(H) Restrict a physician from engaging in the practice of 1,549
medicine and surgery or osteopathic medicine and surgery or 1,550
prevent any individual from carrying out any properly delegated 1,551
responsibilities within the normal practice of medicine and 1,552
surgery or osteopathic medicine and surgery. 1,553
(I) Restrict a person registered or licensed under Chapter 1,555
4723. of the Revised Code from performing those acts and 1,556
utilizing those procedures that are within the scope of the 1,557
practice of professional or practical nursing as defined in 1,558
Chapter 4723. of the Revised Code and the ethics of the nursing 1,559
profession, provided such a person does not claim to the public 1,561
to be a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY 1,562
ASSISTANT, or audiologist. 1,563
(J) Restrict an individual licensed as an audiologist 1,565
under this chapter from fitting, selling, or dispensing hearing 1,566
aids. 1,567
(K) Authorize the practice of medicine and surgery or 1,569
entitle a person licensed pursuant to this chapter to engage in 1,570
35
the practice of medicine or surgery or any of its branches. 1,571
(L) Restrict a person licensed pursuant to Chapter 4755. 1,573
of the Revised Code from performing those acts and utilizing 1,574
those procedures that are within the scope of the practice of 1,575
occupational therapy or occupational therapy assistant as defined 1,576
in Chapter 4755. of the Revised Code, provided the person does 1,577
not claim to the public to be a speech-language pathologist, 1,578
SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist. 1,579
Section 5. That all existing versions of sections 4753.05, 1,581
4753.08, and 4753.12 of the Revised Code are hereby repealed. 1,582
Section 6. Sections 4 and 5 of this act shall take effect 1,584
on January 1, 2002. 1,585
Section 7. The Legislative Office of Education Oversight 1,587
shall conduct a study of the shortage of speech-language 1,588
pathologists available to treat students in schools. The 1,589
contents of the study and the methodology to be used in 1,590
conducting the study shall be determined by the Office. Not
later than December 31, 1998, the Office shall submit to the 1,591
Governor, Speaker of the House of Representatives, and President 1,592
of the Senate a report of its findings and recommendations. 1,593
Section 8. This act is hereby declared to be an emergency 1,595
measure necessary for the immediate preservation of the public 1,596
peace, health, and safety. The reason for such necessity is that 1,597
the current supply of licensed speech-language pathologists is 1,598
inadequate to meet the needs of the state's school children. 1,599
Therefore, this act shall go into immediate effect.