Title 40, Professions and Occupations

Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Sections 40-67-110 or 40-1-110, the board, in addition to the actions provided for in Section 40-1-120, may impose a fine of not more than one thousand dollar…

The board may deny licensure to an applicant based on the grounds for which the board may take disciplinary action against a licensee.

A license may be denied based on a person's prior criminal record as provided for in Section 40-1-140.

A licensee who is under investigation for any of the grounds provided for in Section 40-67-110 or Section 40-1-110 voluntarily may surrender his license to the board in accordance with Section 40-1-150.

A person aggrieved by an action of the board may seek review of the decision in accordance with Section 40-1-160.

A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.

All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.

Communications made in connection with an investigation or hearing relevant to a complaint against a licensee are privileged as provided for in Section 40-1-190.

As used in this chapter: (1) "ASHA" means the American Speech-Language Hearing Association. (2) "Audiologist" means an individual who practices audiology. A person represents himself to be an audiologist when he holds himself out to the public by any title or description of servi…

(A) A person who practices or offers to practice speech-language pathology or audiology in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guil…

In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil and injunctive relief pursuant to Section 40-1-210.

(A) A license must be issued independently in either speech-language pathology or audiology. A license is valid for two years; however, an intern license only is valid for one year. A license application received after December thirty-first is valid for the next licensure period.…

An individual applying for a license as a speech-language pathologist or audiologist must file a notarized application with the board. Each application must be accompanied by the appropriate fee and documentation of eligibility as prescribed by the board.

(A) If an applicant satisfies all licensure requirements as provided for in this chapter, the board shall issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and …

The board may issue a license to a person who holds a current speech-language pathology or audiology license in another state if the standards for licensure in that state are at least the substantial equivalent to the licensing standards provided for in this chapter, and the pers…

(A) As a condition of license renewal, a speech-language pathologist or audiologist shall satisfactorily complete sixteen hours of approved continuing education or 1.6 continuing education units (CEUs) during each license period. (B) As a condition of an intern license renewal, a…

(A) A speech-language pathology or audiology license and a speech-language pathology assistant license must be renewed biennially and expire on March 31 of the second year. A speech-language pathology or audiology intern license may only be renewed for one twelve-month period for…

To activate an inactive license, an individual shall submit a form approved by the board and evidence attesting to his satisfactory completion of sixteen hours of approved continuing education or 1.6 CEUs for each two years of inactive licensure.

The Board of Examiners in Speech-Language Pathology and Audiology may promulgate regulations setting forth a code of ethics for persons licensed by the board.

No person may practice speech-language pathology or audiology without a license issued in accordance with this chapter. A speech-language pathology intern and a speech-language pathology assistant only may practice under the direct supervision of a speech-language pathologist, an…

This chapter does not apply to: (1) A speech-language pathologist or audiologist employed by a state or federal agency or a political subdivision of the State before September 1, 2020, while engaged in the discharge of official duties; however, federal and state or political subd…

If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end th…

Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to speech-language pathologists and audiologists. However, if there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.

This article may be cited as the "Audiology and Speech-Language Pathology Interstate Compact Act".

The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state wh…

As used in this article: (1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211. (2) "Adverse action" means…

(A) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state must be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privi…

(A) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist must: (1) hold an active license in the home state; (2) have no encumbrance on any state license; (3) be eligible for a compact privilege in any mem…

Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with Section 40-67-530 and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehe…

Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home…

(A) In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to: (1) take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state; (…

(A) The compact member states create and establish a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission. (1) The commission is an instrumentality of the compact states. (2) Venue is proper and judicial proceedings by or against the commiss…

(A) The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states. (B) Notwithstanding any other provis…

(A) The board annually shall elect from among its members a chairman, vicechairman, and other officers as the board determines necessary. (B) The board shall meet quarterly and at other times upon the call of the chairman or a majority of the board. (C) Three members of the board…

(A) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment. (B) If a majority of the legislatures of the …

(A) Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and non-member states. (B) The commission shall promulgate a rule providing for both mediation and binding dispute resolut…

(A) The compact takes effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. T…

This compact must be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or of the Unit…

(A) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact. (B) All laws in a member state in conflict with the compact are superseded to the extent of the conflict. (C) All lawful actions of the commission, including …

In addition to the powers and duties enumerated in Sections 40-1-70 through 40-1-100, the board shall: (1) regulate the issuance of speech-language pathology and audiology licenses; (2) promulgate regulations and establish policies and procedures necessary to carry out this chapt…

A speech-language pathology assistant may adhere to the responsibilities within the scope for speech-language pathology assistants set forth by the American Speech-Language-Hearing Association. A speech-language pathologist supervising a speech-language pathology assistant may ad…

For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.