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.

24 Del. C. 1953, §  3601;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  2;  65 Del. Laws, c. 224, §  1;  72 Del. Laws, c. 266, §  1;  84 Del. Laws, c. 418, § 1; 

For purposes of this chapter:

(1) “Audiologist” means a person who is licensed to practice audiology pursuant to this chapter 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) “Board” means the State Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers established in this chapter.

(3) “Division” means the state Division of Professional Regulation.

(4) “Excessive use or abuse of drugs” means 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 an individual’s ability to perform the work of a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser.

(5) “Hearing aid dispenser” means a person licensed to dispense prescription hearing aids pursuant to this chapter.

(6) “Over-the-counter hearing aid” means an air-conduction hearing aid that does not require implantation or other surgical intervention, and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. The device, through tools, tests, or software, allows the user to control the hearing aid and customize it to the user’s hearing needs. The device may use wireless technology or may include tests for self-assessment of hearing loss. The device is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online, provided that the device satisfies the requirements in this section.

(7) “Person” means a corporation, company, association, or partnership, as well as an individual. Licenses shall be issued only to individuals under this chapter.

(8) “Practice of audiology” means the application of principles, methods and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, and rehabilitation related to hearing, disorders of hearing, and balance for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups. For the purpose of this paragraph, the terms “habilitation” and “rehabilitation” include hearing aid evaluation, recommendation, and fitting and selecting, adapting, and distributing or selling of hearing aids. The practice of audiology includes the practice of dispensing prescription hearing aids.

(9) “Practice of hearing aid dispensing” means the selection, fitting, dispensing, adapting, selling, or renting of prescription hearing aids to a prospective hearing aid user who is at least 18 years of age.

a. A hearing aid dispenser may:

1. Perform otoscopic observation of the ear canal solely for the purpose of fitting a prescription hearing aid or making necessary referrals.

2. Perform nondiagnostic testing of hearing solely for the purpose of fitting a prescription hearing aid or making necessary referrals.

3. Make ear impressions for manufacture or modification of ear molds and prescription hearing aids.

4. Make adjustments and repairs to prescription hearing aids for impaired hearing only.

5. Provide instruction, orientation, and counseling on the use and operation of a prescription hearing aid.

b. A hearing aid dispenser may not:

1. Provide cerumen management services.

2. Adapt or adjust prescription hearing aids to conduct sound therapy treatment for tinnitus management.

3. Verbally or in writing make a statement or reference to a prospective prescription hearing aid user regarding any audiologic or medical condition or diagnosis.

c. For the purpose of this paragraph, “audiologic diagnosis” means the diagnosis of a conductive and sensorineural hearing loss. Before dispensing a prescription hearing aid, a hearing aid dispenser shall advise a prospective hearing aid user to consult immediately with a licensed physician if the hearing aid dispenser determines the presence of any of the following:

1. Visible congenital or traumatic deformity of the ear.

2. History of active drainage from the ear within the previous 90 days.

3. History of sudden or rapidly progressive hearing loss within the previous 90 days.

4. Acute or chronic dizziness.

5. Unilateral hearing loss within the previous 90 days or since the last evaluation.

6. Audiometric air bone gap equal to or greater than 15 dB at 500 Hertz, 100 Hertz, and 2000 Hertz.

7. Visible evidence of significant cerumen accumulation or a foreign body in the ear canal.

8. Tinnitus as a primary symptom.

9. Pain or discomfort in the ear.

(10) “Practice of speech/language pathology” means 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, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, or modifying such disorders in individuals and groups.

(11) “Prescription hearing aid” means a hearing aid that is not an over-the-counter hearing aid as defined in this section.

(12) “Speech/language pathologist” means a person who is licensed to practice speech/language pathology pursuant to this chapter 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.

(13) “Speech/language pathology assistant” means a person licensed by the Board who performs tasks prescribed, directed, and supervised by a licensed speech/language pathologist.

a. A speech/language pathology assistant may do all of the following under the supervision of a licensed speech/language pathologist:

1. Conduct speech and language screenings without interpretation, using screening protocols specified by the supervising speech/language pathologist.

2. Provide direct treatment assistance identified by the supervising speech/language pathologist by following written treatment plans, individualized education programs, individual support plans, or protocol developed by the supervising speech/language pathologist.

3. Document patient, client, or student progress toward meeting established objectives as stated in the treatment plan, individual support plan, or individualized education program without interpreting the findings and report this information to the supervising speech/language pathologist.

4. Assist the supervising speech/language pathologist in collecting and tallying data for assessment purposes, without interpreting the data.

5. Assist with informal documentation during an intervention session by collecting and tallying data as directed by the supervising speech/language pathologist, preparing materials, and assisting with other clerical duties as specified by the supervising speech/language pathologist.

6. Schedule activities and prepare charts, records, graphs, or other displays of data.

7. Perform checks and maintenance of equipment.

8. Participate with the supervising speech/language pathologist in research projects, in-service training, and public relations programs.

9. Sign and initial treatment notes for review and co-signature by the supervising speech/language pathologist.

b. A speech/language pathology assistant may not do any of the following:

1. Conduct swallowing screening, assessment, and intervention protocols, including modified barium swallow studies.

2. Administer standardized or nonstandardized diagnostic tests or formal or informal evaluations or interpret test results.

3. Participate in parent conferences, case conferences, or any interdisciplinary team meeting without the presence of the supervising speech/language pathologist.

4. Write, develop, or modify a patient’s, client’s, or student’s treatment plan, individual support plan, or individualized education program, whether or not prepared by the supervising speech/language pathologist.

5. Provide intervention for patients, clients, or students without following the treatment plan, individual support plan, or individualized education program prepared by the supervising speech/language pathologist.

6. Sign any formal documents, including treatment plans, individualized education programs, reimbursement forms, or reports.

7. Select patients, clients, or students for services.

8. Discharge patients, clients, or students from services.

9. Unless required by law, disclose clinical or confidential information orally or in writing to anyone not designated by the supervising speech/language pathologist.

10. Make a referral for any additional service.

11. Communicate with the patient, client, or student or with the family or others regarding any aspect of the patient, client, or student status without the specific consent of the supervising speech/language pathologist.

12. Claim to be a speech/language pathologist.

13. Write a formal screening, diagnostic, progress, or discharge note.

14. Perform any task without the express knowledge and approval of the supervising speech/language pathologist.

(14) “State” means the State of Delaware.

(15) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of speech/language pathology, speech/language pathology assistant, audiology, and/or the dispensing of hearing aids.

(16) “Supervising speech/language pathologist” means a licensed speech/language pathologist who meets the requirements of the Board’s rules and regulations and who provides direction and evaluation of the tasks assigned to the speech/language pathology assistant, including direct and indirect supervision as set forth in the Board’s rules and regulations.

24 Del. C. 1953, §  3603;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  4;  65 Del. Laws, c. 224, §  1;  72 Del. Laws, c. 266, §  1;  74 Del. Laws, c. 262, §  80;  77 Del. Laws, c. 154, §  1;  84 Del. Laws, c. 234, § 1;  84 Del. Laws, c. 418, § 1; 

(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 consists of 9 members appointed by the Governor who must be residents of this State and are as follows:

(1) Three must be speech/language pathologists licensed under this chapter.

(2) Two must be audiologists licensed under this chapter.

(3) One must be a hearing aid dispenser licensed under this chapter.

(4) Three public members. The public members must be accessible to inquiries, comments, and suggestions from the general public and are subject to all of the following:

a. A public member may not be, nor ever have been, any of the following:

1. A speech/language pathologist.

2. A speech/language pathology assistant.

3. An audiologist.

4. A hearing aid dispenser.

5. A member of the immediate family of a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser.

6. 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.

b. The member may not have a material interest in the providing of goods and services to speech/language pathologists, speech/language pathology assistants, audiologists, or hearing aid dispensers.

c. The member may not have been engaged in an activity directly related to speech/language pathology, audiology, or dispensing hearing aids.

(c) Each member serves for a period of 3 years and may be reappointed to serve 1 additional 3-year term. Each term of office expires on the date specified in the appointment, except that a member may serve until a successor is duly appointed.

(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period may again be appointed to the Board until an interim period of at least 1 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 is 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, may hold elective office in any professional association of speech/language pathologists, speech/language pathology assistants, 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 apply to all members of the Board.

(i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least half of all regular business meetings during any calendar year is guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel; and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.

24 Del. C. 1953, §  3607;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  8;  65 Del. Laws, c. 224, §  1;  67 Del. Laws, c. 368, §  24;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  77 Del. Laws, c. 154, §  2;  81 Del. Laws, c. 85, § 20;  84 Del. Laws, c. 234, § 2;  84 Del. Laws, c. 418, § 1; 

(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 serves for 1 year, and may not succeed oneself for more than 2 consecutive terms.

(c) A majority of the members constitutes a quorum for the purpose of transacting business, and no disciplinary action may be taken without the affirmative vote of at least 5 members.

(d) The Division shall take and maintain minutes of all meetings.

24 Del. C. 1953, §  3607;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  8;  65 Del. Laws, c. 224, §  1;  67 Del. Laws, c. 368, §  24;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 234, § 3;  84 Del. Laws, c. 418, § 1; 

The Division shall keep a register of all approved applications for license as a speech/language pathologist, speech/language pathology assistant, 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 are prima facie evidence of the proceedings of the Board.

72 Del. Laws, c. 266, §  1;  84 Del. Laws, c. 418, § 1; 

(a) The Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers has 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 [Chapter 101 of Title 29] 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, to be taken by all persons applying for licensure as speech/language pathologists, audiologists, or hearing aid dispensers. Applicants who qualify for licensure by reciprocity must 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 prescription hearing aids in this State 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, or 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 § 8735 of Title 29 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.

(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.

(11) Establish by rule and regulation a code of ethics for each professional specialty.

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

(13) Establish requirements for licensed hearing aid dispenser and licensed audiologist to:

a. At the time of the initial examination for fitting and sale of a hearing aid, to notify the prospective purchaser or client of the operation and benefits of telecoil, also known as “t” coil, or “t” switch technology, in using a hearing aid with “hearing loop” technology.

b. Provide written information explaining telecoil and its uses, including increased access to telephones, and communication with businesses and in the community, and noninvasive access to assistive listening systems.

(14) Establish by rule and regulation standards for the sale of prescription hearing aids.

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

(c) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of speech/language pathology, audiology, or the dispensing of hearing aids.

24 Del. C. 1953, §  3608;  59 Del. Laws, c. 206, §  1;  65 Del. Laws, c. 224, §  1;  72 Del. Laws, c. 266, §  1;  74 Del. Laws, c. 262, §  81;  80 Del. Laws, c. 315, § 1;  84 Del. Laws, c. 234, § 4;  84 Del. Laws, c. 418, § 1;