43-37 Audiologists and Speech-Language Pathologists - North Dakota Statutes

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CHAPTER 43-37AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS43-37-01. Policy. It is declared to be a policy of the state of North Dakota that, in orderto safeguard the public health, safety, and welfare, to protect the public from being misled by
incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the
part of persons providing services, and to obtain the highest possible quality audiology and
speech-language pathology services to the communicatively handicapped people of this state, it
isnecessarytoprovideregulatoryauthorityoverpersonsofferingaudiologyandspeech-language pathology services to the public.43-37-02. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Audiologist" means a person who practices audiology and who holds out to the
public by any title or description of services incorporating the words audiologist,
hearing clinician, hearing therapist, or any similar title or description of service. A
person may not use the term "audiologist" in a personal reference unless all the
requirements of this chapter pertaining to audiology are met.2."Audiology" means the application of principles, methods, and procedures of
measurement, testing, evaluation, prediction, consultation, counseling, instruction,
habilitation, or rehabilitation related to hearing and disorders of hearing including
vestibular testing, for the purpose of evaluating, identifying, preventing, ameliorating,
or modifying such disorders and conditions in individuals or groups of individuals.3."Board" means the state board of examiners on audiology and speech-language
pathology.4."Habilitation"and"rehabilitation"includehearingaidevaluationandrecommendation, auditory training, and speech reading.5."Person" means a human being.6."Speech-language pathologist" means a person who practices speech-language
pathology and meets all requirements of this chapter pertaining to speech-language
pathology.7."Speech-language pathology" means the application of principles, methods, and
proceduresformeasurement,testing,evaluation,identification,prediction,counseling, or instruction related to the development and disorders of speech and
language, including voice, rhythm, and articulation for the purpose of identifying,
evaluating, preventing, managing, habilitating or rehabilitating, ameliorating, or
modifying such disorders and conditions in individuals or groups of individuals.43-37-03. License required - Exceptions. A person may not practice or represent thatthe person is an audiologist or speech-language pathologist in this state unless licensed annually
in accordance with this chapter. However, this chapter does not prevent or restrict:1.A physician or surgeon from engaging in the practice of medicine in this state.2.A hearing aid specialist from engaging in testing of hearing and other practices and
procedures used solely for the fitting and selling of hearing aids in this state as
provided in chapter 43-33.3.Any person licensed in this state by any other law from engaging in the profession or
occupation for which licensed.Page No. 14.A person who holds a valid credential as a speech-language pathologist or teacher
of the hearing-impaired, issued by the department of public instruction, or a person
employed as an audiologist or speech-language pathologist by the government of
the United States, if such person performs speech-language pathology or audiology
services solely within the confines or under the jurisdiction of the governmental or
state educational organization by which employed.However, such person may,without obtaining a license under this chapter, consult with or disseminate that
person's research findings and other scientific information to speech-language
pathologists or audiologists outside the jurisdiction of the organization by which that
person is employed.5.The activities and services of a person pursuing a course of study leading to a
degree in speech-language pathology or audiology at a college or university if such
activities and services constitute a part of a supervised course of study and such
person is designated audiology or speech-language pathology intern, audiology or
speech-language pathology trainee, or by any other such titles clearly indicating the
training status appropriate to the level of training.6.The activities and services of persons fulfilling the requirements of subsection 3 of
section 43-37-04.7.The performance of audiology or speech-language pathology services in this state
by any person not a resident of this state who is not licensed under this chapter if
such services are performed for no more than five days in any calendar year and in
cooperation with an audiologist or speech-language pathologist licensed under this
chapter.8.Any person holding a valid credential as a teacher of the hearing-impaired issued by
the council on education of the deaf from engaging in the practice of habilitation and
rehabilitation of hearing-impaired persons.9.No speech pathologist or audiologist licensed pursuant to this chapter may receive
any remuneration of any kind from the sale of any type of hearing aid unless the
speech pathologist or audiologist is licensed as provided in chapter 43-33.10.Any person possessing a valid certificate as a certified audiometric technician
recognized by the state board as meeting council for accreditation in occupational
hearing conservation standards appendix II or its equivalent from providing
audiometric testing if such service is performed in cooperation with either an
audiologist licensed under this chapter or a licensed physician.11.Any person providing hearing screening services as part of a public service project
solely intended for the purposes of identification of hearing impairment if such
services are performed in cooperation with an audiologist licensed under this
chapter who is directly responsible for:a.The training of said person;b.The administration of hearing screening procedures;c.The interpretation of testing results; andd.Assuring appropriate referral and followup of the identified population.43-37-04.Eligibility for licensure.To be eligible for licensure by the board as anaudiologist or speech-language pathologist, a person shall:1.Be of good moral character.Page No. 22.Possess at least a master's degree or its equivalent in the area of speech-language
pathology or audiology from an educational institution recognized by the board.3.Submit evidence showing qualifications prescribed by rules of the board.4.Pass an examination approved by the board and pay the prescribed fee. The board
may waive the examination requirement if the applicant presents proof of licensure
in another state which has professional standards equivalent to those required by
the board.43-37-05. Board of examiners on audiology and speech-language pathology.1.The board of examiners on audiology and speech-language pathology is hereby
established.2.The board must be composed of seven members appointed by the governor.
Appointees must be residents of this state for at least one year immediately
preceding their appointment and, except for the consumer member, must be
engaged in rendering services to the public, in teaching, or in research in audiology
or speech-language pathology for at least three years preceding their appointment.
Two board members must be audiologists, two must be speech-language
pathologists, one must be an otolaryngologist, one must be a hearing aid specialist,
and one must be a consumer.3.Each board member shall hold office for three years and until a successor is
appointed and qualified. The terms must be arranged so that no more than three
terms expire on July first of each year. The governor shall fill vacancies for an
unexpired term. No person may serve more than two successive terms.4.The board shall meet at least twice each calendar year. Special meetings may be
convened at the call of the chairman or at the written request of any three board
members.5.Four members of the board constitute a quorum. When an application for licensure
is received, one member of the quorum must be engaged in the profession for which
a license is sought.43-37-06. Powers and duties of the board. The board, pursuant to chapter 28-32, mayadopt rules for:1.Licensing.2.Licensing fees not to exceed one hundred dollars per year.3.Ethical standards of conduct.4.Continuing competency and education.5.Grievances.6.License suspension or revocation.7.Employee duties and conduct.8.Recordkeeping and fiscal control.9.Carrying out the purposes of this chapter.43-37-07. Administrative provisions. Repealed by S.L. 1983, ch. 489,