CHAPTER 266

FORMERLY

SENATE BILL NO. 214

AN ACT TO AMEND CHAPTER 37, TITLE 24 OF THE DELAWARE CODE RELATING TO SPEECH PATHOLOGISTS, AUDIOLOGISTS AND HEARING AID DISPENSERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 37, Title 24 of the Delaware Code by striking said Chapter in its entirety and by substituting the following in lieu thereof:

“CHAPTER 37. SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS,

AND HEARING AID DISPENSERS

Subchapter I. Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.

§3701. Objectives.

The primary objective of the Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this Chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.

The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.

§3702. Definitions.

(a) The following words, terms and phrases, when used in this Chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) ‘Audiologist’ shall mean a person, who is licensed to practice audiology pursuant to this Act and who offers such services to the public under any title or description of services incorporating the words ‘audiologist,’ ‘hearing clinician,’ ‘hearing therapist,’ ‘aural rehabilitator,’ or any other similar title or description of service.

(2) ‘Audiology aide’ shall mean a person, who is certified by the Council of Accreditation of Occupational Hearing Conservationists, or its equivalent, and whose supervising licensed audiologist annually shall register such person with the Board. The audiology aide shall perform services only under the direct supervision of an audiologist licensed in this State.

(3) ‘Board’ shall mean the State Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers established in this Chapter.

(4) ‘Division’ shall mean the state Division of Professional Regulation.

(5) ‘Excessive use or abuse of drugs’ shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs his or her ability to perform the work of a speech/language pathologist, audiologist, or hearing aid dispenser.

(6) ‘Hearing aid’ shall mean any personal, wearable instrument or device designed for, offered for the purpose of, or represented as, aiding persons with, or compensating for, impaired hearing.

(7) ‘Hearing aid dispenser’ shall mean a person licensed to dispense hearing aids pursuant to this Act and who is engaged in the evaluation or measurement of the power or range of human hearing by means of an audiometer or any other means devised for the purpose of selecting, adapting and distributing or selling of hearing aids. Testing shall not include medical diagnosis or audiologic evaluation. Licensed hearing aid dispensers may provide instruction, orientation and counseling on the use and operation of a hearing aid; and they may use an otoscope or ‘ear light’ to evaluate the feasibility and use of ear molds and ear mold impressions.

(8) ‘Person’ shall mean a corporation, company, association and partnership, as well as an individual. Licenses shall be issued only to individuals under this chapter.

(9) ‘Practice of audiology’ shall mean the application of principles, methods and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation and rehabilitation related to hearing and disorders of hearing for the purpose of evaluating, identifying, preventing, ameliorating or modifying such disorders and conditions in individuals and/or groups. For the purpose of this subsection, the terms ‘habilitation’ and’ rehabilitation’ shall include, but are not limited to, hearing aid evaluation, recommendation, and fitting.

(10) ‘Practice of speech/language pathology’ shall mean the application of principles, methods and procedures for measurement, testing, evaluation, prediction, counseling, instruction, habilitation or rehabilitation related to the development and disorders of speech, language, voice, rate or rhythm for the purpose of evaluating, preventing, ameliorating or modifying such disorders in individuals and/or groups.

(11) ‘Speech/language pathologist’ shall mean a person, who is licensed to practice speech/language pathology pursuant to this Act and who offers such services to the public under any title or description of services incorporating the words ‘speech/language pathologist,’ ‘speech pathologist,’ ‘language pathologist,’ ‘speech and/or language therapist,’ ‘speech and/or language correctionist,’ ‘speech and/or language clinician,’ ‘voice therapist,’ ‘communicologist,’ ‘aphasiologist,’ or any other similar title or description of service.

(12) ‘Speech pathology aide’ shall mean a person, who meets minimum qualifications that the Board may establish, which permit such an aide to assist speech/language pathologists in their professional endeavors, but only while under the direct supervision of a licensed speech/language pathologist.’

(13) ‘State’ shall mean the state of Delaware.

§3703. Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.

(a) There is created a State Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers, which shall administer and enforce this Chapter.

(b) The Board shall consist of nine members, appointed by the Governor, who are residents of this state: Two shall be speech/language pathologists licensed under this Chapter; two shall be audiologists licensed under this Chapter; two shall be hearing aid dispensers licensed under this Chapter, and three public members. Each professional member of the Board shall be a primary practitioner of his or her specialty. The public members shall not be, nor ever have been, speech/language pathologists, audiologists, or hearing aid dispensers; nor members of the immediate family of a speech/language pathologist, audiologist, or hearing aid dispenser; shall not have been employed by a speech/language pathologist, audiologist, or hearing aid dispenser; or a company engaged in the practice of speech/language pathology, audiology, or dispensing hearing aids; shall not have a material interest in the providing of goods and services to speech/language pathologists, audiologists, or hearing aid dispensers; nor have been engaged in an activity directly related to speech/language pathology, audiology, or dispensing hearing aids. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(c) Except as provided in subsection (d) of this section, each member shall serve a term of three years, and may succeed himself or herself for one additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless or until replaced by the Governor. Persons who are members of the Board on the effective date of this Act shall complete their terms.

(d) A person, who has never served on the Board, may be appointed to the Board for two consecutive terms; but no such person shall thereafter be eligible for two consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.

(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of speech/language pathologists, audiologists, or hearing aid dispensers; this includes a prohibition against serving as head of a professional association’s Political Action Committee (PAC).

(h) The provisions set forth in Chapter 58 of Title 29 of the Delaware Code shall apply to all members of the Board.

(i) Any member, who is absent without adequate reason for three consecutive meetings, or fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel according to Division policy; and, in addition shall receive not more than $50 for each meeting attended, but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.

§3704. Organization; meetings; officers; quorum.

(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times, as the President deems necessary or at the request of a majority of the Board members.

(b) The Board annually shall elect a President and Secretary. Each officer shall serve for one year, and shall not succeed himself or herself for more than two consecutive terms.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business; and, no disciplinary action shall be taken without the affirmative vote of at least five members.

(d) Minutes of all meetings shall be recorded, and the Division of Professional Regulation shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The person requesting it shall incur the expense of preparing any transcript.

§3705. Records.

The Division shall keep a register of all approved applications for license as a speech/language pathologist, audiologist, and hearing aid dispenser, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

§3706. Powers and duties; immunity.

(a) The Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers shall have authority to:

(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall implement or clarify a specific section of this Chapter.

(2) Designate the application form to be used by all applicants and to process all applications.

(3) Designate the national, written, standardized examinations in speech/language pathology, audiology, and hearing aid dispensing, prepared by a national testing service(s), to be taken by all persons applying for licensure as speech/language pathologists, audiologists, and/or hearing aid dispensers; applicants who qualify for licensure by reciprocity shall have achieved a passing score on all parts of the designated written national examination in the applicant’s specialty.

(4) Evaluate the credentials of all persons, applying for a license to practice speech/language pathology, audiology, or to dispense hearing aids in this State, or to act as audiology aides or speech pathology aides, in order to determine whether such persons meet the qualifications set forth in this Chapter.

(5) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure, including those persons who apply for temporary licensure.

(6) Establish by rule and regulation continuing education standards required for license renewal.

(7) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction to practice speech/language pathology, audiology, and dispense hearing aids, has engaged in any act or offense that would be grounds for disciplinary action under this Chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.

(8) Refer all complaints from licensees and the public concerning persons licensed in this Chapter, or concerning practices of the Board or of the profession, to the Division for investigation pursuant to §8807 of Title 29 of the Delaware Code; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.

(9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29 of the Delaware Code.

(10) Where it has been determined after a hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.

(11) Adopt and publish a code of ethics for each professional specialty and promulgate within 60 days of adoption.

(12) Establish and publish standards for electronic equipment used for the purpose of measuring hearing, and require written proof of calibration for such equipment annually.

(b) No member shall participate in any action of the Board involving directly or indirectly any person related in any way by blood or marriage to said member.

Subchapter II. License.

§3707. License required.

(a) No person shall engage in the practice of speech/language pathology, audiology, or dispense hearing aids, or hold himself or herself out to the public in this State as being qualified to practice the same; or use in connection with his or her name, or otherwise assume or use, any title or description conveying or tending to convey the impression that he or she is qualified to practice speech/language pathology, audiology, or dispense hearing aids, unless such person has been duly licensed under this Chapter.

(b) Whenever a license to practice as a speech/language pathologist, audiologist, hearing aid dispenser in this State has expired or been suspended or revoked, it shall be unlawful for the person to practice speech/language pathology, audiology, or dispense hearing aids in this State.

(c) The Board may issue separate licenses in speech/language pathology, audiology and for hearing aid dispensers. A person may be licensed in more than one specialty if such person meets the requirements of each specialty for which he or she has applied for licensure.

§3708. Qualifications of applicant; report to Attorney General; judicial review.

(a) An applicant who is applying for licensure under this Chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) For licensure as a speech/language pathologist or audiologist, has met the national requirements for certification of clinical competence issued by the American Speech/Language and Hearing Association (ASHA), the requirements include:

a. Possession of a master’s degree, or its equivalent, from an accredited college or university, with major emphasis in speech/language pathology, audiology, communication disorders or speech/language and hearing science.

b. A supervised clinical practicum in accordance with the Board’s rules and regulations.

c. Completion of nine-months’ full-time or 18-months’ part time supervised clinical fellowship year, begun after fulfilling academic and clinical practicum requirements.

d. Successful completion of a national examination in the area of applicant’s specialty prepared by a national testing service and approved by the Division.

(2) For licensure as a hearing aid dispenser, shall submit evidence, verified by oath and satisfactory to the Board, that such person has met the current standards promulgated by the National Institute for Hearing Instrument Studies, or its successor; in addition, the applicant shall:

a. Provide verification of a high school diploma, or its equivalent.

b. Provide proof of successful completion of a national examination prepared by a national testing service and approved by the Division.

c. Provide notarized signature of Delaware-licensed hearing aid dispenser sponsor providing direct supervision and training of applicant.

(b) All applicants shall meet the following conditions:

(1) Shall not have been the recipient of any administrative penalties regarding their practice of speech/language pathology, audiology or dispensing of hearing aids, including but not limited to fines, formal reprimands, license suspensions or revocation, (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any ‘consent agreements’ which contain conditions placed by a Board on his or her professional conduct and practice, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure.

(2) Shall not have any impairment related to drugs, alcohol, or a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake his or her practice in a manner consistent with the safety of the public.

(3) Shall not have been convicted of a felony.

(4) Shall not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to their licensed practice. Applicants, who have criminal conviction records or pending criminal charges, shall request appropriate authorities to provide information about the conviction or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the conviction or charge is substantially related to the applicant’s area of practice.

(c) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(d) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for him or her than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

§3709. Examination.

(a) In the event an applicant for licensure has not successfully completed the examinations required by this Chapter, the Board shall administer or authorize the administration of such examinations described in §3708(a)(1) d. and/or §3708(a)(2) b. of this title. All examinations shall be graded by the testing service providing the examinations. The passing score for all examinations shall be established by the testing agency.

(b) The Board shall provide at least two dates annually for the administration of the examinations required by this section. The Board with the approval of the Division shall establish the time and place of the examinations.

(c) Persons, who fail an examination required by this section, may reapply for examination at the next possible date. Persons failing two examinations shall submit proof of additional education and/or training as may be required by the Board in the rules and regulations. Such persons may not be reexamined for a period of at least one year from the time of the second failure.

§3710. Reciprocity.

(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to:

(1) An applicant, who shall present proof of current licensure in ‘good standing’ in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State. A license in ‘good standing’ is defined in §3708(b)(1), (2), (3), and (4), of this Chapter.

(2) An applicant, who holds a current certificate of clinical competence from the American Speech/Language and Hearing Association in the area in which he or she is applying for licensure; and who, if licensed in another state(s), meets the requirements of §3708(b)(1,) (2), (3), and (4) of this Chapter.

(b) An applicant, who is licensed or registered in a state whose standards are not substantially similar to those of this state, shall have practiced for a minimum of five years after licensure, provided, however, that he or she meets all other qualifications for reciprocity in this section.

(c) An applicant for licensure as speech/language pathologist or audiologist, who has received a master’s degree or its equivalent from a foreign school, college or university shall submit a certified copy of his or her school, college or university record for evaluation.

(d) In the event that a disciplinary proceeding or unresolved complaint is pending, the applicant shall not be licensed in this State until the proceeding or complaint has been resolved. Applicants for licensure in this State shall be deemed to have given consent to the release of such information and to waive all objections to the admissibility of such information as evidence at any hearing or other proceeding to which the applicant may be subject.

(e) Each application for licensure shall be accompanied by payment of the application fee.

§3711. Fees.

The amount to be charged for each fee imposed under this Chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this Chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.

§3712. Issuance and renewal of licenses.

(a) The Board shall issue a license to each applicant, who meets the requirements of this Chapter for licensure as a speech/language pathologist, audiologist and/or hearing aid dispenser and who pays the fee established under §3711 of this Chapter.

(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board.

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensee may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date provided, however, that such period shall not exceed one year.

(d) A licensee, upon written request, may be placed in an inactive status for no more than five years. Such person, who desires to reactivate his or her license, shall complete a Board-approved application form, submit a renewal fee set by the Division, and submit proof of fulfillment of continuing education requirements in accordance with the rules and regulations of the Board.

§3713. Temporary license.

(a) The Board may issue a temporary license to practice speech/language pathology or audiology in this State to an applicant, who completes the application and pays the temporary license fee; and who, in addition, has completed all academic and clinical practicum requirements in his or her specialty but who has not completed a clinical fellowship year (CFY). The notarized application shall be accompanied by a copy of the CFY plan signed by a sponsor holding a valid state license as a speech/language pathologist and/or audiologist.

(b) The Board may issue a temporary license to dispense hearing aids to an applicant, waiting to take the examination for licensure, who completes the application and pays the application fee. The notarized application shall be accompanied by a statement from a Delaware licensed audiologist or hearing aid dispenser, who affirms that he or she shall provide direct supervision and training of the applicant during the period of temporary licensure.

(c) The temporary license shall expire at the end of one year from issuance. The temporary license may be renewed once in accordance with the Board’s rules and regulations.

§3714. Complaints.

(a) All complaints shall be received and investigated by the Division in accordance with §8807, Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

(b) When it is determined that an individual is engaging, or has engaged, in the practice of speech/language pathology, audiology, or dispensing of hearing aids, or is using the title ‘speech/language pathologist,’ ‘audiologist,’ or ‘hearing aid dispenser’ and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.

§3715. Grounds for discipline.

(a) A practitioner licensed under this Chapter shall be subject to disciplinary actions set forth in §3716 of this Chapter, if, after a hearing, the Board finds that the speech/language pathologist, audiologist, or hearing aid dispenser:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a speech/language pathologist, audiologist, or hearing aid dispenser; has impersonated another person holding a license, or has allowed another person to use his or her license, or has aided or abetted a person not licensed as a speech/language pathologist, audiologist, or hearing aid dispenser; to represent himself or herself as a speech/language pathologist, audiologist, or hearing aid dispenser.

(2) Has illegally, incompetently or negligently practiced speech/language pathology, audiology, or hearing aid dispensing.

(3) Has been convicted of a felony.

(4) Has been convicted of any offense, the circumstances of which substantially relate to the practice of speech/language pathology, audiology, or the dispensing of hearing aids. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor.

(5) Has excessively used or abused drugs either in the past two years or currently.

(6) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities.

(7) Has violated a lawful provision of this Chapter, or any lawful regulation established thereunder.

(8) Has had his or her license as a speech/language pathologist, audiologist, or hearing aid dispenser suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute one or more of the acts defined in this Chapter. Every person licensed as a speech/language pathologist, audiologist, or hearing aid dispenser in this State shall be deemed to have given consent to the release of this information by the Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers, or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses.

(9) Has failed to notify the Board that his or her license as a speech/language pathologist, audiologist, or hearing aid dispenser in another jurisdiction has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or,

(10) Has a physical condition such that the performance of speech/language pathology, audiology, or dispensing of hearing aids is or may be injurious or prejudicial to the public.

(b) Subject to the provisions of this Chapter and Subchapter IV of Chapter 101 of Title 29 of the Delaware Code, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice speech/language pathology, audiology, or dispense hearing aids shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act.

§3716. Disciplinary sanctions.

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in §3715 of this Chapter applies to a practitioner regulated by this Chapter:

(1) Issue a letter of reprimand.

(2) Censure a practitioner.

(3) Place a practitioner on probationary status, and require the practitioner to:

a. Report regularly to the Board upon the matters that are the basis of the probation.

b. Limit all practice and professional activities to those areas prescribed by the Board.

(4) Suspend any practitioner’s license.

(5) Revoke any practitioner’s license.

(6) Impose a monetary penalty not to exceed $500 for each violation.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies that required such action have been remedied.

(c) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

(d) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this Chapter.

§3717. Hearing procedures.

(a) If a complaint is filed with the Board pursuant to §8807 of Title 29 of the Delaware Code, alleging violation of §3715 of this Chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code.

(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that the complaint has merit, the Board shall take such action permitted under this Chapter, as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner.

(c) Where the practitioner is in disagreement with the action of the Board, he or she may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him or her. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with §10144 of Title 29 of the Delaware Code.

§3718. Reinstatement of a suspended license; removal from probationary status; replacement of license.

(a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.

(b) Where a license or registration has been suspended due to the licensee’s inability to practice pursuant to this Chapter, the Board may reinstate such license, if, after a hearing, the Board is satisfied that the licensee is again able to perform the essential functions of a speech pathologist, audiologist, or hearing aid dispenser, with or without reasonable accommodations; and, there is no longer a significant risk of substantial harm to the health and safety of the individual or others.

(c) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this Chapter may also be required, as appropriate.

(d) A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge set by the Division shall be made for such issuance.

Subchapter III. Other Provisions

§3719. Exemptions.

Nothing in this Chapter shall be construed to prevent:

(a) Any person from performing industrial hearing screenings under the supervision of a physician licensed in this State.

(b) Any person, who is not licensed under this Chapter, from engaging in the practice of speech/language pathology or audiology in this State, provided that such services are practiced in cooperation with a person licensed under this Chapter and shall be practiced for no more than 30 days in any calendar year. The speech/language pathologist or audiologist shall meet the qualifications and requirements for application for licensure described in this Chapter, or shall hold a valid license from another state which has requirements equivalent to this Chapter, or shall hold a certificate of clinical competence in speech/language pathology or audiology issued by the American Speech, Language and Audiology Association.

(c) Any person, who is licensed to practice speech/language pathology, audiology, or dispense hearing aids in any other state, district or foreign country who, as a practicing speech/language pathologist, audiologist, or hearing aid dispenser, from entering this State to consult with a licensed speech/language pathologist, audiologist, or hearing aid dispenser of this State. Such consultation shall be limited to examination, recommendation, and testimony in litigation.

(d) Any student of an accredited school or college of speech/language pathology or audiology from receiving practical training under the personal supervision of a licensed speech/language pathologist or audiologist in this State.

§3720. Penalty.

A person not currently licensed as a speech/language pathologist, audiologist, or dispenser of hearing aids under this Chapter, when engaging in the practice of speech/language pathology, audiology, and/or dispensing of hearing aids, or using in connection with his or her name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that he or she is qualified to practice speech/language pathology, audiology, or dispense hearing aids, shall be guilty of a misdemeanor. Upon the first offense, he or she shall be fined not less than $500.00 dollars nor more than $1,000 dollars for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000.00 nor more than $2,000.00 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this Chapter.

Section 2. Terms of office.

Persons who are members of the Board on the effective date of this Act shall complete their terms of office unless replaced by the Governor.

Section 3. Rules and Regulations.

Rules and regulations in effect on the date of enactment of this Act shall remain valid to the extent they are not inconsistent with this Act.

Approved February 04, 2000