act-2000-0-71•Pennsylvania Act 2000-71 — SPEECH-LANGUAGE AND HEARING LICENSURE ACT - AMEND
Pennsylvania Act 2000-71 — SPEECH-LANGUAGE AND HEARING LICENSURE ACT - AMEND
act-2000-0-712000 Pa. Act 71Law
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
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