To amend sections 3709.161, 3721.21, 4753.01 to 4753.07, 4753.071, 4753.072, 4753.08 to 4753.10, 4753.12, and 4769.01; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 4753.071 (4753.061) and 4753.072 (4753.063); and to enact sections 3319.223 and 4753.062 of the Revised Code to require a study of the shortage of school speech-language pathologists; to permit issuance of temporary educator licenses in the specialty of school speech-language pathology; to provide for the licensure of speech-language pathologist assistants; to add an educational service center superintendent to the Board of Speech-Language Pathology and Audiology; to maintain the provisions of this act on and after January 1, 2002, by amending the versions of sections 4753.05, 4753.08, and 4753.12 of the Revised Code that take effect on that date; to eliminate issuance of temporary educator licenses in school speech-language pathology on January 1, 2002, by repealing section 3319.223 of the Revised Code on that date; and to declare an emergency.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 3319.223. (A) ON REQUEST OF A SCHOOL DISTRICT SUPERINTENDENT, THE STATE BOARD OF EDUCATION MAY ISSUE A TEMPORARY LICENSE TO AN INDIVIDUAL AS AN EDUCATOR IN THE SPECIALTY OF SCHOOL SPEECH-LANGUAGE PATHOLOGY.

TO QUALIFY FOR A TEMPORARY LICENSE ISSUED UNDER THIS SECTION, AN INDIVIDUAL MUST HAVE AT LEAST A BACHELOR'S DEGREE IN SPEECH AND HEARING OR IN AN EQUIVALENT COURSE OF STUDY CONSIDERED ACCEPTABLE BY THE BOARD. THE BOARD SHALL EVALUATE EACH APPLICATION RECEIVED AND ISSUE A TEMPORARY LICENSE TO EACH APPLICANT WHO MEETS THE QUALIFICATIONS FOR LICENSURE.

(B) A TEMPORARY LICENSE ISSUED UNDER THIS SECTION IS VALID ONLY FOR TEACHING IN THE DISTRICT REPRESENTED BY THE SUPERINTENDENT WHO REQUESTED ISSUANCE OF THE LICENSE AND EXPIRES ONE YEAR AFTER IT IS ISSUED. A TEMPORARY LICENSE MAY BE RENEWED, BUT ONLY IF THE SUPERINTENDENT PRESENTS EVIDENCE SATISFACTORY TO THE BOARD OF ONE OF THE FOLLOWING:

(1) THAT THE HOLDER IS ENROLLED IN A MASTER'S DEGREE PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY UNDER CHAPTER 4753. OF THE REVISED CODE;

(2) THAT THE HOLDER IS QUALIFIED TO BE ENROLLED IN A MASTER'S DEGREE PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY BUT WAS DENIED ENROLLMENT IN A MASTER'S DEGREE PROGRAM IN THIS STATE BECAUSE OF A LACK OF AVAILABLE POSITIONS IN A PROGRAM;

(3) THAT THE HOLDER IS QUALIFIED TO BE ENROLLED IN A MASTER'S DEGREE PROGRAM LEADING TO LICENSURE BY THE BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY BUT WAS PREVENTED FROM ENROLLING IN A MASTER'S DEGREE PROGRAM BECAUSE OF EXTENUATING CIRCUMSTANCES ACCEPTED BY THE STATE BOARD OF EDUCATION.

Sec. 3709.161. (A) The board of health of a city or general health district may procure a policy or policies of insurance insuring the members of the board, the health commissioner, and the employees of the board against liability on account of damage or injury to persons and property resulting from any act or omission that occurs in the individual's official capacity as a member or employee of the board or resulting solely out of such membership or employment.

(B)(1) As used in this division, "health care professional" means all of the following:

(a) A dentist or dental hygienist licensed under Chapter 4715. of the Revised Code;

(b) A registered nurse or licensed practical nurse licensed under Chapter 4723. of the Revised Code;

(c) A person authorized under Chapter 4729. of the Revised Code to practice as a pharmacist;

(d) A person authorized under Chapter 4730. of the Revised Code to practice as a physician assistant;

(e) A person authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;

(f) A psychologist licensed under Chapter 4732. of the Revised Code;

(g) A veterinarian licensed under Chapter 4741. of the Revised Code;

(h) A speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist licensed under Chapter 4753. of the Revised Code;

(i) An occupational therapist, physical therapist, physical therapist assistant, or athletic trainer licensed under Chapter 4755. of the Revised Code;

(j) A professional clinical counselor, professional counselor, independent social worker, or social worker licensed under Chapter 4757. of the Revised Code;

(k) A dietician DIETITIAN licensed under Chapter 4759. of the Revised Code.

(2) The board of health of a city or general health district may purchase liability insurance for a health care professional with whom the board contracts for the provision of health care services against liability on account of damage or injury to persons and property arising from the health care professional's performance of services under the contract. The policy shall be purchased from an insurance company licensed to do business in this state, if such a policy is available from such a company. The board of health of a city or general health district shall report the cost of the liability insurance policy and subsequent increases in the cost to the director of health on a form prescribed by the director.

Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the Revised Code:

(A) "Long-term care facility" means either of the following:

(1) A nursing home as defined in section 3721.01 of the Revised Code, other than a nursing home or part of a nursing home certified as an intermediate care facility for the mentally retarded under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended;

(2) A facility or part of a facility that is certified as a skilled nursing facility or a nursing facility under Title XVIII or XIX of the "Social Security Act."

(B) "Residential care facility" has the same meaning as in section 3721.01 of the Revised Code.

(C) "Abuse" means knowingly causing physical harm or recklessly causing serious physical harm to a resident by physical contact with the resident or by use of physical or chemical restraint, medication, or isolation as punishment, for staff convenience, excessively, as a substitute for treatment, or in amounts that preclude habilitation and treatment.

(D) "Neglect" means recklessly failing to provide a resident with any treatment, care, goods, or service necessary to maintain the health or safety of the resident when the failure results in serious physical harm to the resident.

(E) "Misappropriation" means depriving, defrauding, or otherwise obtaining the real or personal property of a resident by any means prohibited by the Revised Code, including violations of Chapter 2911. or 2913. of the Revised Code.

(F) "Resident" includes a resident, patient, former resident or patient, or deceased resident or patient of a long-term care facility or a residential care facility.

(G) "Physical restraint" has the same meaning as in section 3721.10 of the Revised Code.

(H) "Chemical restraint" has the same meaning as in section 3721.10 of the Revised Code.

(I) "Nursing and nursing-related services" means the personal care services and other services not constituting skilled nursing care that are specified in rules the public health council shall adopt in accordance with Chapter 119. of the Revised Code.

(J) "Personal care services" has the same meaning as in section 3721.01 of the Revised Code.

(K) "Nurse aide" means an individual, other than a licensed health professional practicing within the scope of the professional's license, who provides nursing and nursing-related services to residents in a long-term care facility, either as a member of the staff of the facility for monetary compensation or as a volunteer without monetary compensation.

(L) "Licensed health professional" means all of the following:

(1) An occupational therapist or occupational therapy assistant licensed under Chapter 4755. of the Revised Code;

(2) A physical therapist or physical therapy assistant licensed under Chapter 4755. of the Revised Code;

(3) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;

(4) A physician assistant authorized under Chapter 4730. of the Revised Code to practice as a physician assistant;

(5) A registered nurse or licensed practical nurse licensed under Chapter 4723. of the Revised Code;

(6) A social worker or independent social worker licensed under Chapter 4757. of the Revised Code or a social work assistant registered under that chapter;

(7) A speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist licensed under Chapter 4753. of the Revised Code;

(8) A dentist or dental hygienist licensed under Chapter 4715. of the Revised Code;

(9) An optometrist licensed under Chapter 4725. of the Revised Code;

(10) A pharmacist licensed under Chapter 4729. of the Revised Code;

(11) A psychologist licensed under Chapter 4732. of the Revised Code;

(12) A chiropractor licensed under Chapter 4734. of the Revised Code;

(13) A nursing home administrator licensed or temporarily licensed under Chapter 4751. of the Revised Code;

(14) A professional counselor or professional clinical counselor licensed under Chapter 4757. of the Revised Code.

(M) "Competency evaluation program" means a program through which the competency of a nurse aide to provide nursing and nursing-related services is evaluated.

(N) "Training and competency evaluation program" means a program of nurse aide training and evaluation of competency to provide nursing and nursing-related services.

Sec. 4753.01. As used in sections 4753.01 to 4753.12 of the Revised Code THIS CHAPTER:

(A) "Speech-language pathologist" means a person who practices speech-language pathology and who represents himself CLAIMS to be a speech-language pathologist when he holds out to the public by any means, or by any service or function he performs PERFORMED, directly or indirectly, or by using the term "speech pathology," "speech pathologist," "speech correction," "speech correctionist," "speech therapy," "speech therapist," "speech clinic," "speech clinician," "language pathology," "language pathologist," "voice therapy," "voice therapist," "voice pathology," "voice pathologist," "logopedics," "logopedist," "communicology," "communicologist," "aphasiology," "aphasiologist," "phoniatrist," or any variation, synonym, coinage, or whatever expresses, employs, or implies these terms, names, or functions. "Person" means an individual, partnership, organization, or corporation, except that only individuals may be licensed under this law.

(B) "Speech-language pathology" means the application of principles, methods, or procedures related to the development and disorders of human communication. Disorders include any and all conditions, whether of organic or nonorganic origin, that impede the normal process of human communication including disorders and related disorders of speech, articulation, fluency, voice, oral and written language; auditory comprehension and processing; oral, pharyngeal, or laryngeal sensorimotor competencies; mastication or deglutition following a medical examination by a physician licensed pursuant to AUTHORIZED UNDER Chapter 4731. of the Revised Code TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY; auditory or visual processing; auditory or visual memory and cognition; communication; and assisted augmentative communication treatment and devices.

(C) "Practice of speech-language pathology" means planning, directing, supervising, and conducting habilitative or rehabilitative counseling programs for individuals or groups of individuals who have or are suspected of having disorders of communication, any service in speech-language pathology including prevention, identification, evaluation, consultation, habilitation or rehabilitation, instruction, and research.

The practice of speech-language pathology may include pure-tone air conduction hearing screening, screening tympanometry, and acoustic reflex screening, limited to a pass-or-fail determination for the identification of individuals with other disorders of communication. The practice of speech-language pathology also may include aural habilitation or rehabilitation which means the provision of services and procedures for facilitating adequate auditory, speech, and language skills in individuals with hearing impairment. The practice of speech-language pathology does not include the practice of medicine and surgery or osteopathic medicine and surgery, or the performance of a task in the normal practice of medicine and surgery OR OSTEOPATHIC MEDICINE AND SURGERY by a person to whom the task is delegated by a licensed physician.

(D) "SPEECH-LANGUAGE PATHOLOGY ASSISTANT" MEANS A PERSON WHO, UNDER THE SUPERVISION OF A SPEECH-LANGUAGE PATHOLOGIST, ASSISTS THE SPEECH-LANGUAGE PATHOLOGIST BY PERFORMING THE MORE REPETITIVE, MECHANICAL, OR ROUTINE CLINICAL ACTIVITIES THAT ARE PART OF THE PRACTICE OF SPEECH-LANGUAGE PATHOLOGY, INCLUDING SUCH ACTIVITIES AS CONDUCTING SPEECH-LANGUAGE SCREENINGS, PROVIDING ASSISTANCE IN THE DIRECT TREATMENT OF CLIENTS ACCORDING TO DOCUMENTED TREATMENT PLANS OR PROTOCOLS DEVELOPED BY THE SUPERVISING SPEECH-LANGUAGE PATHOLOGIST, DOCUMENTING CLIENT PROGRESS TOWARD MEETING THE OBJECTIVES STATED IN THE CLIENT'S TREATMENT PLAN, ASSISTING THE SPEECH-LANGUAGE PATHOLOGIST DURING ASSESSMENT OF CLIENTS, ASSISTING THE SPEECH-LANGUAGE PATHOLOGIST BY PREPARING MATERIALS AND NOTES FOR THE SPEECH-LANGUAGE PATHOLOGIST'S USE AND BY PERFORMING SIMILAR CLERICAL DUTIES DIRECTED BY THE SPEECH-LANGUAGE PATHOLOGIST, PERFORMING CHECKS AND MAINTENANCE OF EQUIPMENT, AND PARTICIPATING WITH THE SPEECH-LANGUAGE PATHOLOGIST IN RESEARCH PROJECTS AND OTHER PROGRAMS ASSOCIATED WITH SPEECH-LANGUAGE PATHOLOGY.

(E) "SPEECH-LANGUAGE PATHOLOGY AIDE" OR "AUDIOLOGY AIDE" MEANS A PERSON WHO SUPPORTS A SUPERVISING SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST IN PERFORMING THE NONTECHNICAL ACTIVITIES ASSOCIATED WITH THE PRACTICE OF SPEECH-LANGUAGE PATHOLOGY OR AUDIOLOGY, SUCH AS PREPARING TREATMENT ROOMS AND MATERIALS, ORDERING SUPPLIES, AND MAINTAINING RECORD KEEPING SYSTEMS.

(F) "Audiologist" means a person who practices audiology and who represents himself CLAIMS TO THE PUBLIC to be an audiologist by using the term "audiology," "audiologist," "audiometry," "audiometrist," "audiological," "hearing therapy," "hearing therapist," "hearing clinic," "hearing clinician," or "hearing aid audiologist," or any similar title.

(E)(G) "Audiology" means the application of principles, methods, or procedures related to hearing and the disorders of hearing.

(F)(H) "Disorders" includes any and all conditions, whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including disorders of auditory sensitivity, acuity, function, or processing.

(G)(I) "Practice of audiology" means the planning, directing, supervising, and conducting of habilitative or rehabilitative counseling programs for individuals or groups of individuals who have or are suspected of having disorders of hearing; any service in audiology, including prevention, identification, evaluation, consultation, habilitation or rehabilitation, instruction, and research; participating in hearing conservation, hearing aid and assistive listening device evaluation, selection, preparation, dispensing, and orientation; fabricating ear molds; providing auditory training and speech reading; and administering tests of vestibular function and tests for tinnitus in accordance with section 4753.14 of the Revised Code. The "practice of audiology" includes speech and language screening limited to a pass-or-fail determination, for the purpose of identification of individuals with disorders of communication. The practice of audiology does not include the practice of medicine and surgery or osteopathic medicine and surgery, or the performance of a task in the normal practice of medicine and surgery or osteopathic medicine and surgery by a person to whom the task is delegated by a licensed physician.

Sec. 4753.02. No person shall practice, OR offer to practice, or aid and abet the practice of the profession of speech-language pathology or audiology, or use in connection with his THE PERSON'S name, or otherwise assume, use, or advertise any title or description tending to convey the impression that he THE PERSON is a speech-language pathologist or audiologist, unless the person is licensed under this chapter AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST.

NO PERSON SHALL PRACTICE AS A SPEECH-LANGUAGE PATHOLOGY ASSISTANT UNLESS THE PERSON IS LICENSED UNDER THIS CHAPTER AS A SPEECH-LANGUAGE PATHOLOGY ASSISTANT.

NO PERSON SHALL BE EMPLOYED AS A SPEECH-LANGUAGE PATHOLOGY AIDE OR AUDIOLOGY AIDE UNLESS THE PERSON IS LICENSED UNDER THIS CHAPTER AS A SPEECH-LANGUAGE PATHOLOGY AIDE OR AUDIOLOGY AIDE.

Sec. 4753.03. There is hereby created the board of speech-language pathology and audiology consisting of eight NINE residents of this state to be appointed by the governor with the advice and consent of the senate. Three members of the board shall be licensed speech-language pathologists, and three members shall be licensed audiologists, who have been licensed and engaged in the practice, teaching, administration, or research in the area of appointment for at least five years prior to the dates of their appointment. Beginning with the first appointment of an audiologist to the board after the effective date of this amendment NOVEMBER 5, 1992, at all times one of the audiologists serving on the board must be an audiologist engaged in the practice of fitting and dispensing hearing aids. ONE MEMBER SHALL BE THE SUPERINTENDENT OF AN EDUCATIONAL SERVICE CENTER. At all times, two members shall be representatives of the general public, and neither shall be a speech-language pathologist or audiologist or a person licensed under this chapter. At least one of the members representing the general public shall be at least sixty years of age. Any speech-language pathologists and audiologists among the initial appointees shall have at least a bachelor's degree in speech-language pathology or audiology and shall meet the standards for licensure, other than examination, established by section 4753.06 or 4753.08 of the Revised Code. Any speech-language pathologist or audiologist appointed to the board after the effective date of this amendment NOVEMBER 5, 1992, must hold a master's or doctorate degree.

Terms of office shall be for three years, each term commencing on the twenty-seventh day of September and ending on the twenty-sixth day of September. Each A member shall hold office from the date of his appointment until the end of the term for which he THE MEMBER was appointed. Any A member appointed to fill a vacancy occurring prior to the expiration of the term for which his THE MEMBER'S predecessor was appointed shall hold office for the remainder of such term. Any A member shall continue in office subsequent to the expiration date of his THE MEMBER'S term until his THE MEMBER'S successor takes office, or until a period of sixty days has elapsed, whichever occurs first. No person shall be appointed to serve consecutively more than two full terms. The executive council of the Ohio speech and hearing association may recommend, within forty-five days after any vacancy or expiration of a member's term occurs, no more than three persons to fill each position or vacancy on the board, and the governor may make his appointment from APPOINT ONE OF the persons so recommended. If the council fails to make recommendations within the required time, the governor shall make the appointment without its recommendations.

The terms of all speech-language pathology members shall not end in the same year; the terms of all audiology members shall not end in the same year. Upon the first appointment following the effective date of this amendment NOVEMBER 5, 1992, the governor shall appoint speech-language pathology members and audiology members to one-, two-, or three-year terms to prevent the terms of all speech-language pathology members or all audiology members from ending in the same year. Thereafter, all terms shall be for three years.

Sec. 4753.04. The board of speech-language pathology and audiology shall hold at least one regular meeting a year, at which it shall elect a chairman CHAIRPERSON and vice-chairman VICE-CHAIRPERSON from among its members. Additional meetings may be held upon call of the chairman CHAIRPERSON or at the written request of two or more members of the board. Five members of the board constitute a quorum to conduct business, if one member who is a speech-language pathologist and, one member who is an audiologist, AND THE MEMBER WHO IS A SUPERINTENDENT OF AN EDUCATIONAL SERVICE CENTER are present.

The board may employ an executive director, who shall serve at the board's pleasure, and shall designate his THE duties and fix his THE compensation OF THE EXECUTIVE DIRECTOR. The board may hire such other employees and consultants as it finds necessary. Members of the board shall receive compensation pursuant to division (J) of section 124.15 of the Revised Code for each day employed in the discharge of their official duties. The members shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties. All vouchers of the board shall be signed by the chairman CHAIRPERSON or the executive director of the board.

Sec. 4753.05. (A) The board of speech-language pathology and audiology may make reasonable rules necessary for the administration of this chapter. The board shall adopt rules to ensure ethical standards of practice by speech-language pathologists and audiologists licensed pursuant to this chapter. All rules adopted under this chapter shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) The board shall determine ESTABLISH the nature and scope of examinations to be administered to applicants for licensure pursuant to this chapter in the practices of AS speech-language pathology PATHOLOGISTS and audiology, and shall evaluate the qualifications of all applicants AUDIOLOGISTS. Written examinations may be supplemented by such practical and oral examinations as the board shall determine by rule. The board shall determine by rule the minimum examination score for licensure. Licensure shall be granted independently in speech-language pathology and audiology. The board shall maintain a current public record of all persons licensed, to be made available upon request.

(C) The board shall publish and make available, upon request, the licensure standards prescribed by this chapter and rules adopted pursuant thereto FOR SPEECH-LANGUAGE PATHOLOGISTS, SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, SPEECH-LANGUAGE PATHOLOGY AIDES, AUDIOLOGISTS, AND AUDIOLOGY AIDES. THE BOARD SHALL MAINTAIN A CURRENT PUBLIC RECORD OF ALL PERSONS LICENSED, TO BE MADE AVAILABLE ON REQUEST.

(D) The board shall submit to the governor each year a report of all its official actions during the preceding year together with any recommendations and findings with regard to the improvement of the professions of audiology and speech-language pathology.

(E) The board shall investigate all alleged irregularities in the practices of speech-language pathology and audiology by persons licensed pursuant to this chapter and any violations of this chapter or rules adopted by the board. The board shall not investigate the practice of any person specifically exempted from licensure under this chapter by section 4753.12 of the Revised Code, as long as the person is practicing within the scope of his THE PERSON'S license or is carrying out responsibilities as described in division (H) or (I) of section 4753.12 of the Revised Code and does not hold himself out CLAIM to be a speech-language pathologist or audiologist.

In conducting investigations under this division, the board may administer oaths, order the taking of depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. In any case of disobedience or neglect of any subpoena served on any person or the refusal of any witness to testify to any matter regarding which he THE WITNESS may lawfully be interrogated, the court of common pleas of any county where such disobedience, neglect, or refusal occurs or any judge thereof, on application by the board, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court, or a refusal to testify therein.

(F) The board shall conduct such hearings and keep such records and minutes as are necessary to carry out this chapter.

(G) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts signed by the chairman CHAIRPERSON or executive director and authenticated by such seal shall be prima-facie evidence thereof in all courts of this state.

THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002.

Sec. 4753.06. No person is eligible for licensure as a speech-language pathologist or audiologist unless:

(A) He THE PERSON has obtained a broad general education to serve as a background for his THE PERSON'S specialized academic training and preparatory professional experience. Such background may include study from among the areas of human psychology, sociology, psychological and physical development, the physical sciences, especially those that pertain to acoustic and biological phenomena, and human anatomy and physiology, including neuroanatomy and neurophysiology.

(B) He THE PERSON submits to the board an official transcript demonstrating that he THE PERSON has at least a master's degree in the area in which licensure is sought or the equivalent as determined by the board. His THE PERSON'S academic credit must include course work accumulated in the completion of a well-integrated course of study approved by the board and delineated by rule dealing with the normal aspects of human communication, development and disorders thereof, and clinical techniques for the evaluation and the improvement or eradication of such disorders. The course work must have been completed at colleges or universities accredited by regional or national accrediting organizations recognized by the board.

(C) He THE PERSON submits to the board evidence of the completion of appropriate, supervised clinical experience in the professional area, speech-language pathology or audiology, for which licensure is requested, dealing with a variety of communication disorders. The appropriateness of the experience shall be determined under rules of the board. This experience shall have been obtained in an accredited college or university, in a cooperating program of an accredited college or university, or in another program approved by the board.

(D) He THE PERSON presents to the board written evidence that he has OF HAVING obtained professional experience. The professional experience shall be appropriately supervised as determined by board rule. The amount of professional experience shall be determined by board rule and shall be bona fide clinical work that has been accomplished in the major professional area, speech-language pathology or audiology, in which licensure is being sought. This experience shall not begin until the requirements of divisions (B) and (C) of this section have been completed unless approved by the board. Before beginning the supervised professional experience pursuant to this section, any applicant for licensure to practice speech-language pathology or audiology shall meet the requirements for a conditional license pursuant to section 4753.071 4753.061 of the Revised Code.

(E) He THE PERSON submits to the board evidence that he has OF HAVING passed the examination for licensure to practice speech-language pathology or audiology ESTABLISHED pursuant to division (B) of section 4753.05 of the Revised Code.

Sec. 4753.071 4753.061. The board of speech-language pathology and audiology shall issue a conditional license AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST to an applicant who, except for the supervised professional experience:

(A) Meets the academic, practicum, and examination requirements of divisions (B), (C), and (E) of section 4753.06 of the Revised Code;

(B) Submits an application to the board, including a plan for the content of the supervised professional experience on a form prescribed by the board and pays to the board the appropriate fee for a conditional license. An applicant may not begin employment until the conditional license has been approved.

A conditional license authorizes an individual to practice speech-language pathology or audiology while completing the supervised professional experience as required by division (D) of section 4753.06 of the Revised Code. A person holding a conditional license may practice speech-language pathology or audiology while working under the supervision of a person fully licensed in accordance with this chapter. A conditional license is valid for eighteen months unless suspended or revoked pursuant to section 2301.373 or 4753.10 of the Revised Code.

A person holding a conditional license may perform services for which reimbursement will be sought under the medicare program established under Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, or the medical assistance program established under Chapter 5111. of the Revised Code and Title XIX of the "Social Security Act" but all requests for reimbursement for such services shall be made by the person who supervises the person performing the services.

Sec. 4753.062. (A) THE BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY SHALL ADOPT RULES FOR THE LICENSURE OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS. IN ADOPTING THE RULES, THE BOARD MAY CONSIDER THE GUIDELINES ESTABLISHED BY THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION. THE BOARD'S RULES SHALL DO ALL OF THE FOLLOWING:

(1) SPECIFY THE QUALIFICATIONS NECESSARY TO RECEIVE A LICENSE AS A SPEECH-LANGUAGE PATHOLOGY ASSISTANT UNDER DIVISION (B)(1) OF THIS SECTION, INCLUDING REQUIREMENTS REGARDING SUPERVISED PROFESSIONAL EXPERIENCE AND DEMONSTRATION OF COMPETENCY;

(2) ESTABLISH STANDARDS FOR THE PRACTICE OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS;

(3) ESTABLISH STANDARDS FOR APPROPRIATE SUPERVISION OF A SPEECH-LANGUAGE PATHOLOGY ASSISTANT BY A SPEECH-LANGUAGE PATHOLOGIST, INCLUDING REQUIREMENTS THAT MUST BE MET TO BE THE SUPERVISOR OF A SPEECH-LANGUAGE PATHOLOGY ASSISTANT AND REQUIREMENTS THAT MUST BE MET WHEN SUPERVISING A SPEECH-LANGUAGE PATHOLOGY ASSISTANT;

(4) PROVIDE FOR ISSUANCE OF CONDITIONAL LICENSES TO APPLICANTS WHO HAVE FULFILLED ALL OF THE REQUIREMENTS FOR LICENSURE EXCEPT FOR SUPERVISED PROFESSIONAL EXPERIENCE.

(B) THE BOARD SHALL LICENSE AN APPLICANT TO PRACTICE AS A SPEECH-LANGUAGE PATHOLOGIST ASSISTANT IF ONE OF THE FOLLOWING APPLIES:

(1) THE APPLICANT HAS OBTAINED AN ASSOCIATE DEGREE IN A SPEECH-LANGUAGE PATHOLOGY ASSISTANT TRAINING PROGRAM APPROVED BY THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION, OR COMPLETED A COLLEGE-BASED SPEECH-LANGUAGE PATHOLOGY ASSISTANT CERTIFICATE PROGRAM FROM AN INSTITUTION ACCEPTABLE TO THE BOARD OR AN EQUIVALENT COURSE OF STUDY WITH A MAJOR EMPHASIS IN THE AREA OF SPEECH-LANGUAGE PATHOLOGY, AND HAS THE QUALIFICATIONS FOR LICENSURE SPECIFIED BY THE BOARD IN RULES ADOPTED UNDER DIVISION (A)(1) OF THIS SECTION;

(2) THE APPLICANT HAS OBTAINED A BACHELOR'S DEGREE IN SPEECH-LANGUAGE PATHOLOGY FROM AN INSTITUTION ACCEPTABLE TO THE BOARD.

(C) A SPEECH-LANGUAGE PATHOLOGY ASSISTANT SHALL NOT ACT INDEPENDENTLY AND SHALL WORK ONLY UNDER THE DIRECT AND INDIRECT SUPERVISION OF A SPEECH-LANGUAGE PATHOLOGIST LICENSED UNDER THIS CHAPTER. A SPEECH-LANGUAGE PATHOLOGY ASSISTANT SHALL NOT DISPENSE HEARING AIDS. AN APPLICANT FOR A LICENSE AS A SPEECH-LANGUAGE PATHOLOGY ASSISTANT SHALL NOT BEGIN EMPLOYMENT AS A SPEECH-LANGUAGE PATHOLOGY ASSISTANT UNTIL THE APPLICANT'S LICENSE HAS BEEN APPROVED.

Sec. 4753.072 4753.063. The board of speech-language pathology and audiology shall establish by rule pursuant to ADOPTED IN ACCORDANCE WITH Chapter 119. of the Revised Code the qualifications for persons seeking licensure as a speech-language pathology aide or an audiology aide. The qualifications shall be less than the standards for licensure as a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist. An aide shall not act independently and shall work under the direction and supervision of a speech-language pathologist or audiologist licensed by the board. An aide shall not dispense hearing aids. An applicant shall not begin employment until the license has been approved.

Sec. 4753.07. The board of speech-language pathology and audiology shall EVALUATE THE QUALIFICATIONS OF ALL APPLICANTS FOR LICENSURE AS A SPEECH-LANGUAGE PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, AUDIOLOGIST, OR AUDIOLOGY AIDE. THE BOARD SHALL issue under its seal a THE APPROPRIATE license or conditional license to every applicant who has passed the appropriate examinations designated by the board and who otherwise complies with the licensure requirements of this chapter. The license or conditional license entitles the holder to practice speech-language pathology or audiology OR BE EMPLOYED IN THE CAPACITY DESIGNATED BY THE LICENSE. Each licensee shall display the license or conditional license or an official duplicate in a conspicuous place where the licensee practices speech-language pathology or audiology or both.

Sec. 4753.08. The board of speech-language pathology and audiology shall waive the examination and educational requirements TO BE LICENSED AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST for any applicant who:

(A) On September 26, 1975, has at least a bachelor's degree with a major in speech-language pathology or audiology from an accredited college or university, or who has been employed as a speech-language pathologist or audiologist for at least nine months at any time within the three years prior to September 26, 1975, if an application providing bona fide proof of such degree or employment is filed with the board within one year after September 26, 1975, and is accompanied by the application fee as prescribed in division (A) of section 4753.11 of the Revised Code;

(B) Presents proof of current certification or licensure in good standing in the area in which licensure is sought in a state which has standards at least equal to those for licensure in this state;

(C) Presents proof of a current certificate of clinical competence in speech-language pathology or audiology that is in good standing and received from the American speech-language-hearing association in the area in which licensure is sought;

(D) On January 1, 2001, holds a current certificate LICENSE, except a temporary certificate, if the certificate LICENSE is in good standing in the area in which licensure is sought and if an application providing bona fide proof of the certificate LICENSE is filed with the board on or after January 1, 2001, but before January 1, 2002. Notwithstanding division (A) of section 4753.11 of the Revised Code, the board shall not charge a licensure fee for a license issued by waiver to the holder of such a certificate LICENSE. As used in this division, "certificate LICENSE" means a certificate LICENSE issued by the Ohio department of education to an applicant to serve as a SCHOOL speech and hearing therapist, a school speech-language pathologist, a school audiologist, or any equivalent position for which a certificate LICENSE is issued by the Ohio department of education.

(E) On January 1, 2001, is employed as a speech-language pathologist or audiologist by any agency of this state, if an application providing bona fide proof of the employment in the area in which licensure is sought is filed with the board on or after January 1, 2001, but before January 1, 2002. Notwithstanding division (A) of section 4753.11 of the Revised Code, the board shall not charge a licensure fee for a license issued by waiver to a person so employed.

THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002.

Sec. 4753.09. (A) Except as provided in this section and in section 4753.10 of the Revised Code, a license issued by the board of speech-language pathology and audiology shall be renewed biennially in accordance with the standard renewal procedure contained in Chapter 4745. of the Revised Code. If the application for renewal is made after one year, the person shall apply for licensure as provided in UNDER section 4753.06, 4753.062, 4753.063, or division (B) or (C) of section 4753.08 of the Revised Code. The board shall not renew a conditional license; however, the board may grant an applicant a second conditional license.

The board shall establish by rule adopted pursuant to Chapter 119. of the Revised Code the qualifications for license renewal. Applicants shall demonstrate continued competence, which may include continuing education, examination, self-evaluation, peer review, performance appraisal, or practical simulation. The board may establish other requirements as a condition for license renewal as considered appropriate by the board.

The board may renew a license which expires while the license is suspended, but the renewal shall not affect the suspension. The board shall not renew a license which has been revoked. If a revoked license is reinstated under section 4753.10 of the Revised Code after it has expired, the licensee, as a condition of reinstatement, shall pay a reinstatement fee in the amount equal to the renewal fee in effect on the last preceding regular renewal date on which it is reinstated, plus any delinquent fees accrued from the time of the revocation, if such a fee is prescribed by the board by rule. A

(B) A license AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST shall not be renewed six years after the initial date on which the license was granted for a person initially licensed by exemption UNDER SECTION 4753.08 of the Revised Code until that person presents to the board proof of completion of the following requirements:

(A)(1) Upon presentation of proof of a bachelor's degree with a major in the area of licensure or successful completion of at least eighteen semester hours of academic credit, or its equivalent as determined by the board by rule for colleges and universities not using semesters, accumulated from accredited colleges and universities. These eighteen semester hours shall be in a variety of courses that provide instruction related to the nature of communication disorders and present information pertaining to and training in the evaluation and management of speech, language, and hearing disorders and shall be in the professional area, speech-language pathology or audiology, for which licensure is requested.

(B)(2) Successful completion of at least one hundred fifty clock hours of appropriately supervised, as determined by board rule, clinical experience in the professional area, speech-language pathology or audiology, for which licensure is requested, with individuals who present a variety of communication disorders, and the experience shall have been obtained under the supervision of a licensed speech-language pathologist or audiologist, or within another program approved by the board.

Sec. 4753.10. (A) In accordance with Chapter 119. of the Revised Code, the board of speech-language pathology and audiology may reprimand or place on probation a speech-language pathologist or, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR AUDIOLOGY AIDE, or suspend, revoke, or refuse to issue or renew the license of a speech-language pathologist or, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR AUDIOLOGY AIDE. Disciplinary actions may be taken by the board for conduct that may result from but not necessarily be limited to:

(A)(1) Fraud, deception, or misrepresentation in obtaining or attempting to obtain a license;

(B)(2) Fraud, deception, or misrepresentation in using a license;

(C)(3) Altering a license;

(D)(4) Aiding or abetting unlicensed practice;

(E)(5) Committing fraud, deception, or misrepresentation in the practice of speech-language pathology or audiology including:

(1)(a) Making or filing a false report or record in the practice of speech-language pathology or audiology;

(2)(b) Submitting a false statement to collect a fee;

(3)(c) Obtaining a fee through fraud, deception, or misrepresentation, or accepting commissions or rebates or other forms of remuneration for referring persons to others.

(F)(6) Using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation;

(G)(7) Falsely representing the use or availability of services or advice of a physician;

(H)(8) Misrepresenting the applicant, licensee, or holder by using the word "doctor" or any similar word, abbreviation, or symbol if the use is not accurate or if the degree was not obtained from an accredited institution;

(I)(9) Committing any act of dishonorable, immoral, or unprofessional conduct while engaging in the practice of speech-language pathology or audiology;

(J)(10) Engaging in illegal, incompetent, or habitually negligent practice;

(K)(11) Providing professional services while:

(1)(a) Mentally incompetent;

(2)(b) Under the influence of alcohol;

(3)(c) Using any narcotic or controlled substance or other drug that is in excess of therapeutic amounts or without valid medical indication.

(L)(12) Providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances, or products in accordance with results obtained utilizing appropriate assessment procedures and instruments;

(M)(13) Violating this chapter or any lawful order given or rule adopted by the board;

(N)(14) Being convicted of or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(O)(15) Being disciplined by a licensing or disciplinary authority of this or any other state or country or convicted or disciplined by a court of this or any other state or country for an act that would be grounds for disciplinary action under this section.

(B) After revocation of a license under this section, application may be made to the board for reinstatement. The board, in accordance with an order of revocation as issued under Chapter 119. of the Revised Code, may require an examination for such reinstatement.

(C) If any person has engaged in any practice which constitutes an offense under the provisions of this chapter or rules promulgated thereunder by the board, the board may apply to the court of common pleas of the county for an injunction or other appropriate order restraining such conduct, and the court may issue such order.

(D) Any person who wishes to make a complaint against any person licensed pursuant to this chapter shall submit the complaint in writing to the board within one year from the date of the action or event upon which the complaint is based. The board shall determine whether the allegations in the complaint are of a sufficiently serious nature to warrant formal disciplinary charges against the licensee pursuant to this section. If the board determines that formal disciplinary charges are warranted, it shall proceed in accordance with the procedures established in Chapter 119. of the Revised Code.

Sec. 4753.12. Nothing in this chapter shall be construed to:

(A) Prohibit a person other than an individual from engaging in the business of speech-language pathology or audiology without licensure if it employs a licensed individual in the direct practice of speech-language pathology and audiology. Such entity shall file a statement with the board, on a form approved by the board for this purpose, swearing that it submits itself to the rules of the board and the provisions of this chapter which the board determines applicable.

(B) Prevent or restrict the practice of speech and hearing therapy or the use of the official title of such practice by a person who holds a valid and current license as a speech and hearing therapist issued by the state board of education, to prevent or restrict the establishment of standards and courses of study pursuant to Chapter 3319. of the Revised Code, to prevent or restrict the licensure of teachers pursuant to Chapter 3319. of the Revised Code, or prevent any person assigned by or under the control of the superintendent of or board of a city, local, or exempted village school district or of an educational service center from identification screening of speech or hearing impairments of pupils enrolled in the district or educational service center, provided such persons are performing activities within the scope of their employment and do not offer to render speech-language pathology or audiology services to the general public outside of the institutions or organizations in which they are employed.

(C) Prevent or restrict the practice of a person employed as a speech-language pathologist or, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR AUDIOLOGY AIDE by any agency of the state or the federal government, INCLUDING AN EDUCATOR HOLDING A TEMPORARY LICENSE ISSUED BY THE STATE BOARD OF EDUCATION UNDER SECTION 3319.223 of the Revised Code.

(D) Restrict the activities and services of a student or intern in speech-language pathology or audiology from pursuing a course of study leading to a degree in these areas SPEECH-LANGUAGE PATHOLOGY, SPEECH-LANGUAGE PATHOLOGY ASSISTING, OR AUDIOLOGY at a college or university accredited by a recognized regional or national accrediting body or in one of its cooperating clinical training facilities, if these activities and services are supervised by EITHER a person SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST, AS APPROPRIATE TO THE AREA BEING STUDIED, WHO IS licensed in the area of study or certified by the American speech-language-hearing association in the area of study and if the student is designated by a title such as "speech-language pathology intern," "SPEECH-LANGUAGE PATHOLOGY ASSISTANT IN TRAINING," "audiology intern," "trainee," or other such title clearly indicating the training status.

(E) Prevent a person from performing speech-language pathology or audiology services when performing these services in pursuit of the required supervised professional experience as prescribed in section 4753.06 OR 4753.062 of the Revised Code and that person has been issued a conditional license pursuant to section 4753.071 4753.061 OR 4753.062 of the Revised Code.

(F) Restrict a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist who holds the certification of the American speech-language-hearing association, or who is licensed as a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist in another state and who has made application to the board for a license in this state, from practicing AS A speech-language pathology or audiology PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, OR AUDIOLOGIST without a valid license pending the disposition of the application.

(G) Restrict a person not a resident of this state from offering speech-language pathology or audiology services in this state AS A SPEECH-LANGUAGE PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, OR AUDIOLOGIST if such services are performed for not more than one period of thirty consecutive calendar days in any year, if the person is licensed in the state of the person's residence or certified by the American speech-language-hearing association and files a statement as prescribed by the board in advance of providing these services. Such person shall be subject to the rules of the board and the provisions of this chapter.

(H) Restrict a person licensed under Chapter 4747. of the Revised Code from engaging in the duties as defined in that chapter related to measuring, testing, and counseling for the purpose of identifying or modifying hearing conditions in connection with the fitting, dispensing, or servicing of a hearing aid, or affect the authority of hearing aid dealers to deal in hearing aids or advertise the practice of dealing in hearing aids in accordance with Chapter 4747. of the Revised Code.

(I) Restrict a physician from engaging in the practice of medicine and surgery or osteopathic medicine and surgery or prevent any individual from carrying out any properly delegated responsibilities within the normal practice of medicine and surgery or osteopathic medicine and surgery.

(J) Restrict a person registered or licensed under Chapter 4723. of the Revised Code from performing those acts and utilizing those procedures that are within the scope of the practice of professional or practical nursing as defined in Chapter 4723. of the Revised Code and the ethics of the nursing profession, provided such a person does not hold self out CLAIM to the public as TO BE a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist.

(K) Restrict an individual licensed as an audiologist under this chapter from fitting, selling, or dispensing hearing aids.

(L) Authorize the practice of medicine and surgery or entitle a person licensed pursuant to this chapter to engage in the practice of medicine or surgery or any of its branches.

(M) Restrict a person licensed pursuant to Chapter 4755. of the Revised Code from performing those acts and utilizing those procedures that are within the scope of the practice of occupational therapy or occupational therapy assistant as defined in Chapter 4755. of the Revised Code, provided the person does not hold oneself out CLAIM to the public as TO BE a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist.

THIS IS AN INTERIM SECTION EFFECTIVE UNTIL JANUARY 1, 2002.

Sec. 4769.01. As used in this chapter:

(A) "Medicare" means the program established by Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.

(B) "Balance billing" means charging or collecting from a medicare beneficiary an amount in excess of the medicare reimbursement rate for medicare-covered services or supplies provided to a medicare beneficiary, except when medicare is the secondary insurer. When medicare is the secondary insurer, the health care practitioner may pursue full reimbursement under the terms and conditions of the primary coverage and, if applicable, the charge allowed under the terms and conditions of the appropriate provider contract, from the primary insurer, but the medicare beneficiary cannot be balance billed above the medicare reimbursement rate for a medicare-covered service or supply. "Balance billing" does not include charging or collecting deductibles or coinsurance required by the program.

(C) "Health care practitioner" means all of the following:

(1) A dentist or dental hygienist licensed under Chapter 4715. of the Revised Code;

(2) A registered or licensed practical nurse licensed under Chapter 4723. of the Revised Code;

(3) An optometrist licensed under Chapter 4725. of the Revised Code;

(4) A dispensing optician, spectacle dispensing optician, contact lens dispensing optician, or spectacle-contact lens dispensing optician licensed under Chapter 4725. of the Revised Code;

(5) A pharmacist licensed under Chapter 4729. of the Revised Code;

(6) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry;

(7) A physician assistant authorized under Chapter 4730. of the Revised Code to practice as a physician assistant;

(8) A practitioner of a limited branch of medicine issued a certificate under Chapter 4731. of the Revised Code;

(9) A psychologist licensed under Chapter 4732. of the Revised Code;

(10) A chiropractor licensed under Chapter 4734. of the Revised Code;

(11) A hearing aid dealer or fitter licensed under Chapter 4747. of the Revised Code;

(12) A speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist licensed under Chapter 4753. of the Revised Code;

(13) An occupational therapist or occupational therapy assistant licensed under Chapter 4755. of the Revised Code;

(14) A physical therapist or physical therapy assistant licensed under Chapter 4755. of the Revised Code;

(15) A professional clinical counselor, professional counselor, social worker, or independent social worker licensed, or a social work assistant registered, under Chapter 4757. of the Revised Code;

(16) A dietitian licensed under Chapter 4759. of the Revised Code;

(17) A respiratory care professional licensed under Chapter 4761. of the Revised Code;

(18) An emergency medical technician-basic, emergency medical technician-intermediate, or emergency medical technician-paramedic certified under Chapter 4765. of the Revised Code.

Sec. 4753.05. (A) The board of speech-language pathology and audiology may make reasonable rules necessary for the administration of this chapter. The board shall adopt rules to ensure ethical standards of practice by speech-language pathologists and audiologists licensed pursuant to this chapter. All rules adopted under this chapter shall be adopted in accordance with Chapter 119. of the Revised Code.

(B) The board shall determine ESTABLISH the nature and scope of examinations to be administered to applicants for licensure pursuant to this chapter in the practices of AS speech-language pathology PATHOLOGISTS and audiology, and shall evaluate the qualifications of all applicants AUDIOLOGISTS. Written examinations may be supplemented by such practical and oral examinations as the board shall determine by rule. The board shall determine by rule the minimum examination score for licensure. Licensure shall be granted independently in speech-language pathology and audiology. The board shall maintain a current public record of all persons licensed, to be made available upon request.

(C) The board shall publish and make available, upon request, the licensure standards prescribed by this chapter and rules adopted pursuant thereto FOR SPEECH-LANGUAGE PATHOLOGISTS, SPEECH-LANGUAGE PATHOLOGY ASSISTANTS, SPEECH-LANGUAGE PATHOLOGY AIDES, AUDIOLOGISTS, AND AUDIOLOGY AIDES. THE BOARD SHALL MAINTAIN A CURRENT PUBLIC RECORD OF ALL PERSONS LICENSED, TO BE MADE AVAILABLE ON REQUEST.

(D) The board shall submit to the governor each year a report of all its official actions during the preceding year together with any recommendations and findings with regard to the improvement of the professions of audiology and speech-language pathology.

(E) The board shall investigate all alleged irregularities in the practices of speech-language pathology and audiology by persons licensed pursuant to this chapter and any violations of this chapter or rules adopted by the board. The board shall not investigate the practice of any person specifically exempted from licensure under this chapter by section 4753.12 of the Revised Code, as long as the person is practicing within the scope of the person's license or is carrying out responsibilities as described in division (G) or (H) of section 4753.12 of the Revised Code and does not claim to be a speech-language pathologist or audiologist.

In conducting investigations under this division, the board may administer oaths, order the taking of depositions, issue subpoenas, and compel the attendance of witnesses and the production of books, accounts, papers, records, documents, and testimony. In any case of disobedience or neglect of any subpoena served on any person or the refusal of any witness to testify to any matter regarding which the witness may lawfully be interrogated, the court of common pleas of any county where such disobedience, neglect, or refusal occurs or any judge thereof, on application by the board, shall compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court, or a refusal to testify therein.

(F) The board shall conduct such hearings and keep such records and minutes as are necessary to carry out this chapter.

(G) The board shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts signed by the chairperson or executive director and authenticated by such seal shall be prima-facie evidence thereof in all courts of this state.

Sec. 4753.08. The board of speech-language pathology and audiology shall waive the examination, educational, and professional experience requirements TO BE LICENSED AS A SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST for any applicant who:

(A) On September 26, 1975, has at least a bachelor's degree with a major in speech-language pathology or audiology from an accredited college or university, or who has been employed as a speech-language pathologist or audiologist for at least nine months at any time within the three years prior to September 26, 1975, if an application providing bona fide proof of such degree or employment is filed with the board within one year after September 26, 1975, and is accompanied by the application fee as prescribed in division (A) of section 4753.11 of the Revised Code;

(B) Presents proof of current certification or licensure in good standing in the area in which licensure is sought in a state which has standards at least equal to those for licensure in this state;

(C) Presents proof of a current certificate of clinical competence in speech-language pathology or audiology that is in good standing and received from the American speech-language-hearing association in the area in which licensure is sought.

Sec. 4753.12. Nothing in this chapter shall be construed to:

(A) Prohibit a person other than an individual from engaging in the business of speech-language pathology or audiology without licensure if it employs a licensed individual in the direct practice of speech-language pathology and audiology. Such entity shall file a statement with the board, on a form approved by the board for this purpose, swearing that it submits itself to the rules of the board and the provisions of this chapter which the board determines applicable.

(B) Prevent or restrict the practice of a person employed as a speech-language pathologist or, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, SPEECH-LANGUAGE PATHOLOGY AIDE, audiologist, OR AUDIOLOGY AIDE by any agency of the federal government.

(C) Restrict the activities and services of a student or intern in speech-language pathology or audiology from pursuing a course of study leading to a degree in these areas SPEECH-LANGUAGE PATHOLOGY, SPEECH-LANGUAGE PATHOLOGY ASSISTING, OR AUDIOLOGY at a college or university accredited by a recognized regional or national accrediting body or in one of its cooperating clinical training facilities, if these activities and services are supervised by EITHER a person SPEECH-LANGUAGE PATHOLOGIST OR AUDIOLOGIST, AS APPROPRIATE TO THE AREA BEING STUDIED, WHO IS licensed in the area of study or certified by the American speech-language-hearing association in the area of study and if the student is designated by a title such as "speech-language pathology intern," "SPEECH-LANGUAGE PATHOLOGY ASSISTANT IN TRAINING," "audiology intern," "trainee," or other such title clearly indicating the training status.

(D) Prevent a person from performing speech-language pathology or audiology services when performing these services in pursuit of the required supervised professional experience as prescribed in section 4753.06 OR 4753.062 of the Revised Code and that person has been issued a conditional license pursuant to section 4753.071 4753.061 OR 4753.062 of the Revised Code.

(E) Restrict a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist who holds the certification of the American speech-language-hearing association, or who is licensed as a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist in another state and who has made application to the board for a license in this state, from practicing AS A speech-language pathology or audiology PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, OR AUDIOLOGIST without a valid license pending the disposition of the application.

(F) Restrict a person not a resident of this state from offering speech-language pathology or audiology services in this state AS A SPEECH-LANGUAGE PATHOLOGIST, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, OR AUDIOLOGIST if such services are performed for not more than one period of thirty consecutive calendar days in any year, if the person is licensed in the state of the person's residence or certified by the American speech-language-hearing association and files a statement as prescribed by the board in advance of providing these services. Such person shall be subject to the rules of the board and the provisions of this chapter.

(G) Restrict a person licensed under Chapter 4747. of the Revised Code from engaging in the duties as defined in that chapter related to measuring, testing, and counseling for the purpose of identifying or modifying hearing conditions in connection with the fitting, dispensing, or servicing of a hearing aid, or affect the authority of hearing aid dealers to deal in hearing aids or advertise the practice of dealing in hearing aids in accordance with Chapter 4747. of the Revised Code.

(H) Restrict a physician from engaging in the practice of medicine and surgery or osteopathic medicine and surgery or prevent any individual from carrying out any properly delegated responsibilities within the normal practice of medicine and surgery or osteopathic medicine and surgery.

(I) Restrict a person registered or licensed under Chapter 4723. of the Revised Code from performing those acts and utilizing those procedures that are within the scope of the practice of professional or practical nursing as defined in Chapter 4723. of the Revised Code and the ethics of the nursing profession, provided such a person does not claim to the public to be a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist.

(J) Restrict an individual licensed as an audiologist under this chapter from fitting, selling, or dispensing hearing aids.

(K) Authorize the practice of medicine and surgery or entitle a person licensed pursuant to this chapter to engage in the practice of medicine or surgery or any of its branches.

(L) Restrict a person licensed pursuant to Chapter 4755. of the Revised Code from performing those acts and utilizing those procedures that are within the scope of the practice of occupational therapy or occupational therapy assistant as defined in Chapter 4755. of the Revised Code, provided the person does not claim to the public to be a speech-language pathologist, SPEECH-LANGUAGE PATHOLOGY ASSISTANT, or audiologist.