(a) No person may engage in the practice of speech/language pathology, audiology, or dispense hearing aids or hold oneself out to the public in this State as being qualified to act as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser, or otherwise assume or use any title or description conveying or tending to convey the impression that the person 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, speech/language pathology assistant, audiologist, or hearing aid dispenser in this State has expired or been suspended or revoked, it is unlawful for the person to practice speech/language pathology, speech/language pathology assistant, audiology, or dispense hearing aids in this State.

(c) The Board may issue separate licenses in speech/language pathology, speech/language pathology assistant, audiology, and for hearing aid dispensers. A person may be licensed in more than 1 specialty if such person meets the requirements of each specialty for which the person has applied for licensure.

24 Del. C. 1953, §  3603;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  4;  65 Del. Laws, c. 224, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  84 Del. Laws, c. 418, § 1; 

(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, has current certification of clinical competence issued by the American Speech-Language-Hearing Association (ASHA) or its successors.

a-d. [Repealed.]

(2) For licensure as an audiologist, has current certification of clinical competence issued by ASHA, or its successors, has been issued board certification from the American Board of Audiology, or its successors, or has met the following requirements:

a. Possession of a doctoral degree in audiology from an accredited college or university, except that audiologists licensed in Delaware prior to July 10, 2009, who have maintained Delaware licensure, are exempted from this requirement.

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

c. [Repealed.]

(3) For licensure as a hearing aid dispenser, has met the current standards promulgated by the International Hearing Society 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. Complete 6 months of training prior to taking the examination. The Board in its rules and regulations shall establish the content of the training and the frequency of direct supervision during the training period.

d. Paragraphs (a)(3)a. and c. of this section herein do not apply to applicants who are licensed audiologists.

(4) For licensure as a speech/language pathology assistant, has received a speech/language pathology assistant’s certification (C-SLPA) through ASHA, or its successor, or another organization acceptable to the Board.

(b) All applicants must meet the following conditions:

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

(2) May not have excessively used or abused drugs or have a finding of mental incompetence by a physician that would limit the applicant’s ability to undertake that applicant’s practice in a manner consistent with the safety of the public.

(3) Does not have a criminal conviction record, nor pending criminal charge relating to an offense that is substantially related 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. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board, by an affirmative vote of a majority of the quorum, shall waive this paragraph (b)(3). A waiver may not be granted for conviction of a felony sexual offense.

a-d. [Repealed.]

(4) Notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29, has not been convicted of a felony sexual offense.

(5) Shall submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following:

a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.

b. A report of the applicant’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification is the intermediary for purposes of this section and the Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers is the screening point for the receipt of said federal criminal history records.

c. An applicant may not be licensed as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction that is substantially related to the applicant’s professional practice area may not be licensed by the Board unless a waiver is granted pursuant to paragraph (b)(3) of this section.

(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 that person 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.

(e) All individuals licensed to practice speech/language pathology, audiology, or hearing aid dispensing in this State are required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks.

24 Del. C. 1953, §  3605;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  6;  65 Del. Laws, c. 224, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  74 Del. Laws, c. 262, §  82;  75 Del. Laws, c. 359, §§  1, 2;  75 Del. Laws, c. 436, §  42;  77 Del. Laws, c. 154, §§  3-11;  77 Del. Laws, c. 199, §  31;  78 Del. Laws, c. 44, §§  60, 61;  79 Del. Laws, c. 277, §  12;  82 Del. Laws, c. 9, § 2;  83 Del. Laws, c. 37, § 26;  83 Del. Laws, c. 433, § 25;  84 Del. Laws, c. 234, § 5;  84 Del. Laws, c. 418, § 1; 

(a) The examination described in § 3708(a)(2) and (a)(3)b. of this title shall be graded by the testing service providing the examinations. The passing score for all examinations shall be established by the testing agency.

(b), (c) [Repealed.]

24 Del. C. 1953, §  3614;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  9;  65 Del. Laws, c. 224, §  1;  72 Del. Laws, c. 266, §  1;  77 Del. Laws, c. 154, §  12;  84 Del. Laws, c. 234, § 6;  84 Del. Laws, c. 418, § 1; 

(a) Upon payment of the appropriate fee and submission and acceptance of an application, the Board shall grant a license to an applicant who presents proof of current licensure in good standing, as defined in § 3708(b) of this title, 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. An individual with a license from a state with less stringent requirements than those of this State may obtain a license through reciprocity if the individual can prove to the satisfaction of the Board that the individual has worked in another jurisdiction or jurisdictions in the field for which the individual is seeking a license in Delaware for a minimum of 5 years after licensure. All applicants shall submit evidence verified by oath that, in all states in which the applicant is or was licensed, the applicant’s license is in good standing.

(b) Audiologists licensed prior to July 10, 2009, and who have maintained licensure, are exempted from the educational requirement set forth in § 3708(a)(2) of this title.

(c) An applicant for licensure as a speech/language pathologist who has received a degree from a foreign school, college, or university, shall have received a master’s degree, or its equivalent, or a doctoral degree, or its equivalent, and shall submit an evaluation of professional education and training, prepared by a Board approved credentialing agency, and paid for by the applicant. The evaluation must provide evidence and documentation that the applicant’s education is substantially equivalent to the education of a speech/language pathologist who graduated from a program approved for the educational preparation of speech/language pathologists by the appropriate accrediting agency recognized by the Board. An applicant for licensure as an audiologist, who has received a degree from a foreign school, college, or university, shall have received a doctoral degree or its equivalent, and shall submit an evaluation of professional education and training, prepared by a Board-approved credentialing agency, and paid for by the applicant. The evaluation must provide evidence and documentation that the applicant’s education is substantially equivalent to the education of an audiologist who graduated from a program approved for the educational preparation of audiologists by the appropriate accrediting agency recognized by the Board.

(d) In the event that a disciplinary proceeding or unresolved complaint is pending at the time of application, the applicant shall report the final disposition of the matter to the Board within 20 days.

72 Del. Laws, c. 266, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 154, §§  13-15;  84 Del. Laws, c. 234, § 7;  84 Del. Laws, c. 418, § 1; 

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 may be charged for a purpose not specified in this chapter. The application fee may 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.

24 Del. C. 1953, §  3612;  59 Del. Laws, c. 206, §  1;  65 Del. Laws, c. 224, §  1;  65 Del. Laws, c. 380, §  6;  72 Del. Laws, c. 266, §  1;  84 Del. Laws, c. 418, § 1; 

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

(b) Each license shall be renewed biennially, in such manner as is determined by the Division, and upon payment of the appropriate fee and attestation, as set forth in the Board’s rules and regulations, that the licensee has met the continuing education requirements established by the Board. In addition, audiologists and hearing aid dispensers shall attest to calibration of electronic equipment used to assess hearing, as set forth in the Board’s rules and regulations.

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensee may still renew the licensee’s license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided, however, that such period may not exceed 1 year.

(d) A licensee may be placed in an inactive status for no more than 5 years. Such person, who desires to reactivate that person’s license, shall submit a request for reactivation and afee set by the Division, and submit proof of fulfillment of continuing education requirements in accordance with the rules and regulations of the Board.

(e) Audiologists licensed in Delaware prior to July 10, 2009, and who meet the renewal requirements set forth in this section and maintain Delaware licensure, are exempted from the educational requirement set forth in § 3708(a)(2)a.

(f) An applicant or licensee must notify the Division of a change in address or in any other information on the application, registration, or renewal within 30 days of the change.

24 Del. C. 1953, §  3617;  59 Del. Laws, c. 206, §  1;  65 Del. Laws, c. 224, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  77 Del. Laws, c. 154, §  16;  84 Del. Laws, c. 234, § 8;  84 Del. Laws, c. 418, § 1; 

(a) The Board may issue a temporary license to practice speech/language pathology 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 that applicant’s specialty but who has not completed a clinical fellowship (cf). The application shall be accompanied by a copy of the Cf plan signed by a sponsor holding a valid state license as a speech/language pathologist.

(b) The temporary license issued to a speech/language pathologist shall expire at the end of 1 year from issuance. The temporary license may be renewed 3 times for a maximum of 48 months. The licensee must apply on a yearly basis for renewal of the temporary license. The request for renewal must be received prior to expiration of the temporary license.

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

65 Del. Laws, c. 224, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  77 Del. Laws, c. 154, §§  17, 18;  82 Del. Laws, c. 9, § 2;  84 Del. Laws, c. 234, § 9;  84 Del. Laws, c. 418, § 1; 

(a) All complaints shall be received and investigated by the Division in accordance with § 8735, Title 29, 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.

65 Del. Laws, c. 224, §  1;  65 Del. Laws, c. 355, §  1;  72 Del. Laws, c. 266, §  1;  84 Del. Laws, c. 418, § 1; 

(a) A practitioner licensed under this chapter is subject to disciplinary actions set forth in § 3716 of this title if after a hearing, the Board finds that the speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser has done any of the following:

(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser; has impersonated another person holding a license, or has allowed another person to use that practitioner’s license, or has aided or abetted a person not licensed as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser to be represented as a speech/language pathologist, speech/language pathology assistant, 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 crime that is substantially related 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 is conclusive evidence therefor.

(4) Has excessively used or abused drugs.

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

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

(7) Has had the practitioner’s license as a speech/language pathologist, speech/language pathology assistant, 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 1 or more of the acts defined in this chapter. Every person licensed as a speech/language pathologist, speech/language pathology assistant, 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.

(8) Has failed to notify the Board that the practitioner’s license as a speech/language pathologist, speech/language pathology assistant, 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 is conclusive evidence thereof.

(9) 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, no license may be restricted, suspended, or revoked by the Board, and no practitioner’s right to practice speech/language pathology, audiology, or dispense hearing aids may 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 [Chapter 101 of Title 29].

24 Del. C. 1953, §  3618;  59 Del. Laws, c. 206, §  1;  65 Del. Laws, c. 224, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  74 Del. Laws, c. 262, §  84;  75 Del. Laws, c. 436, §  43;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 234, § 10;  84 Del. Laws, c. 418, § 1; 

(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 title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

(2) [Repealed.]

(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 $1,000 for each violation.

(7) The Board shall permanently revoke the license to practice speech/language pathology, audiology, or hearing aid dispensing of a person who is convicted of a felony sexual offense.

(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.

(e) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.

72 Del. Laws, c. 266, §  1;  79 Del. Laws, c. 213, §  2;  79 Del. Laws, c. 277, §  12;  84 Del. Laws, c. 234, § 11;  84 Del. Laws, c. 418, § 1; 

(a) If a complaint is filed with the Board pursuant to § 8735 of Title 29 alleging violation of § 3715 of this title, 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.

(b) [Repealed.]

(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court within 30 days of the day that notice of the decision was mailed. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with § 10144 of Title 29.

24 Del. C. 1953, §  3619;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §§  10, 11;  65 Del. Laws, c. 224, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 266, §  1;  84 Del. Laws, c. 234, § 12;  84 Del. Laws, c. 418, § 1; 

(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 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/language pathologist, speech/language pathology assistant, 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 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) [Repealed.]

72 Del. Laws, c. 266, §  1;  82 Del. Laws, c. 8, § 17;  84 Del. Laws, c. 418, § 1;