Pennsylvania Act 2000-71 — SPEECH-LANGUAGE AND HEARING LICENSURE ACT - AMEND

Act text

SPEECH-LANGUAGE AND HEARING LICENSURE ACT - AMEND
                  Act of Oct. 18, 2000, P.L. 536, No. 71              Cl. 63
                             Session of 2000
                               No. 2000-71

     HB 398

                                  AN ACT

     Amending the act of December 21, 1984 (P.L.1253, No.238),
        entitled "An act regulating the practice of speech-language
        pathologists, audiologists and teachers of the hearing
        impaired; creating the State Board of Examiners in Speech-
        Language and Hearing with certain powers and duties; and
        prescribing penalties," further providing for powers and
        duties of the board; and providing for impaired
        professionals.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 5 of the act of December 21, 1984
     (P.L.1253, No.238), known as the Speech-Language and Hearing
     Licensure Act, is amended to read:
      Section 5.  Powers and duties of board.
        The board shall have the power and its duties shall be:
            (1)  To approve the qualifications and fitness of
        applicants for licensure, and to adopt and revise rules and
        regulations requiring applicants to pass examinations
        relating to their qualifications as a prerequisite to the
        issuance of a license.
            (2)  To adopt and revise rules and regulations consistent
        with the law as may be necessary to implement the provisions
        of this act. These rules and regulations shall include, but
        not be limited to, codes of ethics for speech-language
        pathologists, audiologists and teachers of the hearing
        impaired. The codes of ethics shall provide further that,
        whereas speech-language pathologists, audiologists and
        teachers of the hearing impaired provide nonmedical and
        nonsurgical services, medical diagnosis and medical treatment
        by these persons are specifically to be considered unethical
        and illegal.
            (3)  To examine for, deny, approve, issue, revoke,
        suspend or renew the licenses of speech-language pathologist,
        audiologist and teacher of the hearing impaired applicants.
            (4)  To conduct hearings upon complaints of violations of
        this act and the rules and regulations adopted pursuant to
        this act, and to prosecute and enjoin all such violations.
            (5)  To spend funds necessary for the proper performance
        of its assigned duties in accordance with the fiscal and
        other laws of this Commonwealth and upon approval by the
        Commissioner of Professional and Occupational Affairs.
            (6)  To waive examination and educational requirements
        and grant a license as provided in sections 6 and 7.
            (7)  To establish standards of eligibility for license
        renewal. These standards shall include, but not be limited
        to, the demonstration of satisfactory completion of 20 clock
        hours of continuing education related to the practice of
        speech-language pathology, audiology or teaching the hearing
        impaired in accordance with board regulations. No credit may
        be given for courses in office management or practice
        building. The board may waive all or part of the continuing
        education requirement to a licensee who shows to the
        satisfaction of the board that the licensee was unable to
        complete the requirement due to illness, emergency or
        hardship. The request for a waiver must be made in writing,
        with appropriate documentation, and must include a
        description of the circumstances sufficient to show why a
        licensee is unable to comply with the continuing education
        requirement. Waiver requests shall be evaluated by the board
        on a case-by-case basis. The board shall send the licensee
        written notification of its approval or denial of a waiver
        request. The requirement to demonstrate the satisfactory
        completion of continuing education shall begin with the
        biennial renewal period to be designated by regulation of the
        board and following written notice to licensees.
            (8)  To promulgate rules and regulations regarding
        persons functioning under the direction of audiologists,
        speech-language pathologists and teachers of the hearing
        impaired.
        Section 2.  The act is amended by adding a section to read:
      Section 17.1.  Impaired professionals.
        (a)  Appointment of professional consultant.--The board, with
     the approval of the Commissioner of Professional and
     Occupational Affairs, shall appoint and fix the compensation of
     a professional consultant who is a licensee of the board or such
     other professional as the board may determine with education and
     experience in the identification, treatment and rehabilitation
     of persons with physical or mental impairments. This consultant
     shall be accountable to the board and shall act as a liaison
     between the board and treatment programs such as alcohol and
     drug treatment programs licensed by the Department of Health,
     psychological counseling and impaired professional support
     groups that are approved by the board and provide services to
     licensees under this act.
        (b)  Board action against impaired professionals.--
            (1)  The board may deter and ultimately dismiss any of
        the types of corrective action set forth in this act for an
        impaired professional so long as the professional is
        progressing satisfactorily in an approved treatment program.
            (2)  An approved program provider shall, upon request,
        disclose to the consultant any information in its possession
        regarding an impaired professional in treatment which the
        program provider is not prohibited from disclosing by an act
        of this Commonwealth, another state or the United States.
            (3)  The disclosure of information by an approved program
        provider under this section shall apply in the case of an
        impaired professional who:
                (i)  Enters an agreement in accordance with this
            section.
                (ii)  Is the subject of a board investigation or
            disciplinary proceeding.
                (iii)  Voluntarily enters a treatment program other
            than under the provisions of this section, but who fails
            to complete the program successfully or to adhere to an
            aftercare plan developed by the program provider.
            (4)  The provisions of this subsection shall not apply to
        a professional convicted of a felonious act prohibited by the
        act of April 14, 1972 (P.L.233, No.64), known as The
        Controlled Substance, Drug, Device and Cosmetic Act, or
        convicted of a felony relating to a controlled substance in a
        court of law of the United States or any other state,
        territory or country.
        (c)  Board agreement with impaired professional.--An impaired
     professional who enrolls in an approved treatment program shall
     enter into an agreement with the board under which the
     professional's license shall be suspended or revoked.
     Enforcement of that suspension or revocation may be stayed for
     the length of time the professional remains in the program and
     makes satisfactory progress, complies with the terms of the
     agreement and adheres to any limitations on this practice
     imposed by the board to protect the public. Failure to enter
     into an agreement shall disqualify the professional from the
     impaired professional program and shall activate an immediate
     investigation and disciplinary proceeding by the board.
        (d)  Consultant disclosure to board.--If, in the opinion of
     the consultant after consultation with the provider, an impaired
     professional who is enrolled in an approved treatment program
     has not progressed satisfactorily, the consultant shall disclose
     to the board all information in the consultant's possession
     regarding this professional, and the board shall institute
     proceedings to determine if the stay of the enforcement of the
     suspension or revocation of the impaired professional's license
     should be vacated.
        (e)  Immunity to approved program provider.--An approved
     program provider who makes a disclosure pursuant to this section
     shall not be subject to civil liability for the disclosure or
     its consequences.
        (f)  Mandatory reporting to board.--
            (1)  Any hospital or health care facility, peer or
        colleague who has substantial evidence that a professional
        has an active addictive disease for which the professional is
        not receiving treatment, is diverting a controlled substance
        or is mentally or physically incompetent to carry out the
        duties of that professional's license shall make or cause to
        be made a report to the board.
            (2)  Any person or facility who acts in a treatment
        capacity to an impaired speech-language pathologist,
        audiologist or as a teacher of the hearing impaired in an
        approved treatment program shall be exempt from the mandatory
        reporting requirements of this subsection. Any person or
        facility who reports under this subsection in good faith and
        without malice shall be immune from any civil or criminal
        liability arising from the report.
            (3)  Failure to provide the report within a reasonable
        time from receipt of knowledge of impairment shall subject
        the person or facility to a fine not to exceed $1,000. The
        board shall impose the penalty only after affording the
        accused party the opportunity for a hearing as provided in 2
        Pa.C.S. (relating to administrative law and procedure).
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 18th day of October, A. D. 2000.

     THOMAS J. RIDGE