CHAPTER 322

FORMERLY

SENATE BILL NO. 358

AS AMENDED BY HOUSE AMENDMENT NOS 1 AND 2

AN ACT TO AMEND CHAPTER 37, TITLE 24 OF THE DELAWARE CODE RELATING TO LICENSURE.

WHEREAS, the Department of Public Instruction until January 30, 1986, certified speech/language pathologists and audiologists who worked in the public or private schools of Delaware, said certificates being good for 10 years; and

WHEREAS, the General Assembly as of January 30, 1986, required

speech/language pathologists and audiologists certified by the Department of Public Instruction to become licensed by the State Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers; and

WHEREAS, the General Assembly allowed those actively engaged in

speech/language pathology or audiology at any time in the two (2) years prior to January 30, 1986, to be "grandfathered" into licensure provided that they applied within one (1) year of January 30, 1986; and

WHEREAS, the Department of Public Instruction notified the public schools of this "window of opportunity" but did not notify the private schools nor did they have the capabilities to attempt to notify directly those certified by the Department of Public Instruction; and

WHEREAS, it seems unfair that those working in private schools should have missed this "window of opportunity" when the State chose to attempt to notify some but not all

NOW, THEREFORE:

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

Section 1. Amend §3707, Title 24, Delaware Code by adding thereto a new subsection as follows:

"(e) Upon payment of a nonrefundable application fee, the Board shall waive the examination and educational requirements and grant a license to applicants who, at any time in the two (2) years prior to January 30, 1986, were actively engaged in the practice of speech/language pathology or audiology in a non—public school in Delaware and who worked continuously in the field of speech/language pathology in public or private schools of Delaware since 1986 upon proof of bona fide practice presented to the Board in the manner prescribed by the Board's rules and regulations providing that they submit an affidavit stating that they were not notified of subsection (a) of this section prior to January 30, 1987, and providing that they file an application within one (1) year of the effective date of this Act. Any individual who qualifies for licensure under the provisions of this subsection shall have two (2) years from the date of licensure to complete all courses of continuing education required of those individuals who maintained licenses from January 30, 1986 to the present."

Section 2. Licensure under the provisions of this Act shall be retroactive to January 30, 1986.

Approved July 7, 1992