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To amend sections 4753.02, 4753.05, and 4753.11 and | 1 |
to enact sections 4753.073 and 4753.101 of the | 2 |
Revised Code to establish a limited student permit | 3 |
category for speech language pathology interns, | 4 |
and to declare an emergency. | 5 |
Section 1. That sections 4753.02, 4753.05, and 4753.11 be | 6 |
amended and sections 4753.073 and 4753.101 of the Revised Code be | 7 |
enacted to read as follows: | 8 |
Sec. 4753.02. No person shall practice, offer to practice, | 9 |
or aid and abet the practice of the profession of speech-language | 10 |
pathology or
audiology, or use in connection with | 11 |
name, or otherwise assume, use, or advertise any title or | 12 |
description tending to convey the impression that | 13 |
a speech-language pathologist or audiologist unless the person is | 14 |
licensed or permitted under this chapter. | 15 |
Sec. 4753.05. (A) The board of speech-language pathology and | 16 |
audiology may make reasonable rules necessary for the | 17 |
administration of this chapter. The board shall adopt rules to | 18 |
ensure ethical standards of practice by speech-language | 19 |
pathologists and audiologists licensed or permitted pursuant to | 20 |
this chapter. All rules adopted under this chapter shall be | 21 |
adopted in accordance with Chapter 119. of the Revised Code. | 22 |
(B) The board shall determine the nature and scope of | 23 |
examinations to be administered to applicants for licensure | 24 |
pursuant to this chapter in the practices of speech-language | 25 |
pathology and audiology, and shall evaluate the qualifications of | 26 |
all applicants. Written examinations may be supplemented by such | 27 |
practical and oral examinations as the board shall determine by | 28 |
rule. The board shall determine by rule the minimum examination | 29 |
score for licensure. Licensure shall be granted independently in | 30 |
speech-language pathology and audiology. The board shall maintain | 31 |
a current public record of all persons licensed, to be made | 32 |
available upon request. | 33 |
(C) The board shall publish and make available, upon request, | 34 |
the licensure and permit standards prescribed by this chapter and | 35 |
rules adopted pursuant thereto. | 36 |
(D) The board shall submit to the governor each year a report | 37 |
of all its official actions during the preceding year together | 38 |
with any recommendations and findings with regard to the | 39 |
improvement of the professions of audiology and speech-language | 40 |
pathology. | 41 |
(E) The board shall investigate all alleged irregularities in | 42 |
the practices of speech-language pathology and audiology by | 43 |
persons licensed or permitted pursuant to this chapter and any | 44 |
violations of this chapter or rules adopted by the board. The | 45 |
board shall not investigate the practice of any person | 46 |
specifically exempted from licensure under this chapter by section | 47 |
4753.12 of the Revised Code, as long as the person is practicing | 48 |
within the scope of the person's license or is carrying out | 49 |
responsibilities as described in division (G) or (H) of section | 50 |
4753.12 of the Revised Code and does not claim to be a | 51 |
speech-language pathologist or audiologist. | 52 |
In conducting investigations under this division, the board | 53 |
may administer oaths, order the taking of depositions, issue | 54 |
subpoenas, and compel the attendance of witnesses and the | 55 |
production of books, accounts, papers, records, documents, and | 56 |
testimony. In any case of disobedience or neglect of any subpoena | 57 |
served on any person or the refusal of any witness to testify to | 58 |
any matter regarding which the witness may lawfully be | 59 |
interrogated, the court of common pleas of any county where such | 60 |
disobedience, neglect, or refusal occurs or any judge thereof, on | 61 |
application by the board, shall compel obedience by attachment | 62 |
proceedings for contempt, as in the case of disobedience of the | 63 |
requirements of a subpoena issued from such court, or a refusal to | 64 |
testify therein. | 65 |
(F) The board shall conduct such hearings and keep such | 66 |
records and minutes as are necessary to carry out this chapter. | 67 |
(G) The board shall adopt a seal by which it shall | 68 |
authenticate its proceedings. Copies of the proceedings, records, | 69 |
and acts signed by the chairperson or executive director and | 70 |
authenticated by such seal shall be prima-facie evidence thereof | 71 |
in all courts of this state. | 72 |
Sec. 4753.073. (A)(1) The board of speech-language pathology | 73 |
and audiology shall issue under its seal a speech-language | 74 |
pathology student permit to any applicant who submits a plan that | 75 |
has been approved by the applicant's university graduate program | 76 |
in speech-language pathology and that conforms to requirements | 77 |
determined by the board by rule and who meets all of the following | 78 |
requirements: | 79 |
(a) Is enrolled in a graduate program at an educational | 80 |
institution located in this state that is accredited by the | 81 |
council on academic accreditation in audiology and speech-language | 82 |
pathology of the American speech-language-hearing association; | 83 |
(b) Has completed at least one year of postgraduate training | 84 |
in speech-language pathology, or equivalent coursework as | 85 |
determined by the board, and any student clinical experience the | 86 |
board may require by rule; | 87 |
(2) The speech-language pathology student permit authorizes | 88 |
the holder to practice speech-language pathology within limits | 89 |
determined by the board by rule, which shall include the | 90 |
following: | 91 |
(a) The permit holder's caseload shall be limited in a manner | 92 |
to be determined by the board by rule. | 93 |
(b) The permit holder's authorized scope of practice shall be | 94 |
limited in a manner to be determined by the board by rule. The | 95 |
rule shall consider the coursework and clinical experience that | 96 |
has been completed by the permit holder and the recommendation of | 97 |
the applicant's university graduate program in speech-language | 98 |
pathology. | 99 |
(c) The permit holder shall practice only when under the | 100 |
supervision of a speech-language pathologist who is licensed by | 101 |
the board and acting under the approval and direction of the | 102 |
applicant's university graduate program in speech-language | 103 |
pathology. The board shall determine by rule the manner of | 104 |
supervision. | 105 |
(3) A permit issued under this section shall expire two years | 106 |
after the date of issuance. Student permits may be renewed in a | 107 |
manner to be determined by the board by rule. | 108 |
(4) Each permit holder shall display the permit or an | 109 |
official duplicate in a conspicuous place where the permit holder | 110 |
practices speech-language pathology. | 111 |
Sec. 4753.101. The board of speech-language pathology and | 112 |
audiology, in accordance with Chapter 119. of the Revised Code, | 113 |
may establish rules to govern any disciplinary action to be taken | 114 |
against a student issued a permit under section 4753.073 of the | 115 |
Revised Code. The rules established by the board are not subject | 116 |
to the adjudication procedure requirements of sections 119.06 to | 117 |
119.13 of the Revised Code. | 118 |
Sec. 4753.11. (A) For all types of licenses and permits, the | 119 |
board of speech-language pathology and audiology shall charge a | 120 |
nonrefundable licensure or permit fee, to be determined by board | 121 |
rule, which shall be paid at the time the application is filed | 122 |
with the board. | 123 |
(B) On or before the thirty-first day of January of every | 124 |
other year, the board shall charge a biennial licensure renewal | 125 |
fee which shall be determined by board rule and used to defray | 126 |
costs of the board. | 127 |
(C) The board may, by rule, provide for the waiver of all or | 128 |
part of such fees when the license is issued less than one hundred | 129 |
days before the date on which it will expire. | 130 |
(D) After the last day of the month designated by the board | 131 |
for renewal, the board shall charge a late fee to be determined by | 132 |
board rule in addition to the biennial licensure renewal fee. | 133 |
(E) No municipal corporation shall levy an occupational or | 134 |
similar excise tax on any person licensed under this chapter. | 135 |
(F) All fees collected under this section and section 4753.09 | 136 |
of the Revised Code shall be paid into the state treasury to the | 137 |
credit of the occupational licensing and regulatory fund. | 138 |
Section 2. That existing sections 4753.02, 4753.05, and | 139 |
4753.11 of the Revised Code are hereby repealed. | 140 |
Section 3. This act is hereby declared to be an emergency | 141 |
measure necessary for the immediate preservation of the public | 142 |
peace, health, and safety. The reason for the necessity lies in | 143 |
the fact that the state of Ohio is experiencing a serious shortage | 144 |
of licensed speech-language pathologists. Therefore, this act | 145 |
shall go into immediate effect. | 146 |