CHAPTER 43-37
AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS
43-37-01. Policy. It is declared to be a policy of the state of North Dakota that, in order
to safeguard the public health, safety, and welfare, to protect the public from being misled by<br>incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the<br>part of persons providing services, and to obtain the highest possible quality audiology and<br>speech-language pathology services to the communicatively handicapped people of this state, it<br>is
necessary
to
provide
regulatory
authority
over
persons
offering
audiology
and
speech-language pathology services to the public.
43-37-02. Definitions. As used in this chapter, unless the context or subject matter
otherwise requires:
1.
"Audiologist" means a person who practices audiology and who holds out to the<br>public by any title or description of services incorporating the words audiologist,<br>hearing clinician, hearing therapist, or any similar title or description of service. A<br>person may not use the term "audiologist" in a personal reference unless all the<br>requirements of this chapter pertaining to audiology are met.
2.
"Audiology" means the application of principles, methods, and procedures of<br>measurement, testing, evaluation, prediction, consultation, counseling, instruction,<br>habilitation, or rehabilitation related to hearing and disorders of hearing including<br>vestibular testing, for the purpose of evaluating, identifying, preventing, ameliorating,<br>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<br>pathology.
4.
"Habilitation"
and
"rehabilitation"
include
hearing
aid
evaluation
and
recommendation, auditory training, and speech reading.
5.
"Person" means a human being.
6.
"Speech-language pathologist" means a person who practices speech-language<br>pathology and meets all requirements of this chapter pertaining to speech-language<br>pathology.
7.
"Speech-language pathology" means the application of principles, methods, and<br>procedures
for
measurement,
testing,
evaluation,
identification,
prediction,
counseling, or instruction related to the development and disorders of speech and<br>language, including voice, rhythm, and articulation for the purpose of identifying,<br>evaluating, preventing, managing, habilitating or rehabilitating, ameliorating, or<br>modifying such disorders and conditions in individuals or groups of individuals.
43-37-03. License required - Exceptions. A person may not practice or represent that
the person is an audiologist or speech-language pathologist in this state unless licensed annually<br>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<br>procedures used solely for the fitting and selling of hearing aids in this state as<br>provided in chapter 43-33.
3.
Any person licensed in this state by any other law from engaging in the profession or<br>occupation for which licensed.
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4.
A person who holds a valid credential as a speech-language pathologist or teacher<br>of the hearing-impaired, issued by the department of public instruction, or a person<br>employed as an audiologist or speech-language pathologist by the government of<br>the United States, if such person performs speech-language pathology or audiology<br>services solely within the confines or under the jurisdiction of the governmental or<br>state educational organization by which employed.
However, such person may,
without obtaining a license under this chapter, consult with or disseminate that<br>person's research findings and other scientific information to speech-language<br>pathologists or audiologists outside the jurisdiction of the organization by which that<br>person is employed.
5.
The activities and services of a person pursuing a course of study leading to a<br>degree in speech-language pathology or audiology at a college or university if such<br>activities and services constitute a part of a supervised course of study and such<br>person is designated audiology or speech-language pathology intern, audiology or<br>speech-language pathology trainee, or by any other such titles clearly indicating the<br>training status appropriate to the level of training.
6.
The activities and services of persons fulfilling the requirements of subsection 3 of<br>section 43-37-04.
7.
The performance of audiology or speech-language pathology services in this state<br>by any person not a resident of this state who is not licensed under this chapter if<br>such services are performed for no more than five days in any calendar year and in<br>cooperation with an audiologist or speech-language pathologist licensed under this<br>chapter.
8.
Any person holding a valid credential as a teacher of the hearing-impaired issued by<br>the council on education of the deaf from engaging in the practice of habilitation and<br>rehabilitation of hearing-impaired persons.
9.
No speech pathologist or audiologist licensed pursuant to this chapter may receive<br>any remuneration of any kind from the sale of any type of hearing aid unless the<br>speech pathologist or audiologist is licensed as provided in chapter 43-33.
10.
Any person possessing a valid certificate as a certified audiometric technician<br>recognized by the state board as meeting council for accreditation in occupational<br>hearing conservation standards appendix II or its equivalent from providing<br>audiometric testing if such service is performed in cooperation with either an<br>audiologist licensed under this chapter or a licensed physician.
11.
Any person providing hearing screening services as part of a public service project<br>solely intended for the purposes of identification of hearing impairment if such<br>services are performed in cooperation with an audiologist licensed under this<br>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; and
d.
Assuring appropriate referral and followup of the identified population.
43-37-04.
Eligibility for licensure.
To be eligible for licensure by the board as an
audiologist or speech-language pathologist, a person shall:
1.
Be of good moral character.
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2.
Possess at least a master's degree or its equivalent in the area of speech-language<br>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<br>may waive the examination requirement if the applicant presents proof of licensure<br>in another state which has professional standards equivalent to those required by<br>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<br>established.
2.
The board must be composed of seven members appointed by the governor.<br>Appointees must be residents of this state for at least one year immediately<br>preceding their appointment and, except for the consumer member, must be<br>engaged in rendering services to the public, in teaching, or in research in audiology<br>or speech-language pathology for at least three years preceding their appointment.<br>Two board members must be audiologists, two must be speech-language<br>pathologists, one must be an otolaryngologist, one must be a hearing aid specialist,<br>and one must be a consumer.
3.
Each board member shall hold office for three years and until a successor is<br>appointed and qualified. The terms must be arranged so that no more than three<br>terms expire on July first of each year. The governor shall fill vacancies for an<br>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<br>convened at the call of the chairman or at the written request of any three board<br>members.
5.
Four members of the board constitute a quorum. When an application for licensure<br>is received, one member of the quorum must be engaged in the profession for which<br>a license is sought.
43-37-06. Powers and duties of the board. The board, pursuant to chapter 28-32, may
adopt 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, § 11.
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43-37-08. Compensation of board members. Board members shall receive no salary
for their services, but shall receive mileage and travel expenses for attendance at board<br>meetings at the same rate as state employees.
43-37-09. License examination.
1.
A separate examination must be required for licensure in speech-language<br>pathology or audiology. Any person may be licensed in both areas if that person<br>meets the respective qualifications of each area.
2.
The speech-language pathology examination and the audiology examination are the<br>national examinations as established by the American speech-language hearing<br>association.
The board shall maintain proof that all licensees have passed the
required examination.
The examination is not required for renewal of licenses
except as required by board rules.
3.
The board may issue a temporary license to practice activities regulated by this<br>chapter to any person who furnishes satisfactory evidence of qualifications to the<br>board. A temporary license may be issued for no longer than one year.
43-37-10. Examination for license. Repealed by S.L. 1983, ch. 489, § 11.
43-37-11. Waiver of examination or parts thereon. Repealed by S.L. 1983, ch. 489,
§ 11.
43-37-12. Issuance of license. Repealed by S.L. 1983, ch. 489, § 11.
43-37-13. Suspension and revocation of license.
1.
The board may refuse to issue or renew a license, or may suspend or revoke a<br>license if the licensee or applicant for license has engaged in unprofessional<br>conduct. Such unprofessional conduct may include:
a.
Obtaining a license by means of fraud, misrepresentation, or concealment of<br>material facts;
b.
Engaging in unprofessional conduct, as defined by the rules established by the<br>board, or violating the code of ethics adopted and published by the board;
c.
Conviction of an offense if the acts for which that person is convicted are<br>determined by the board to have a direct bearing on such applicant's or<br>licensee's ability to serve the public in the capacity of a speech-language<br>pathologist or audiologist; or the board determines that such applicant or<br>licensee, following conviction of any other offense, is not sufficiently<br>rehabilitated under section 12.1-33-02.1;
d.
Violation of any order or rule adopted by the board; or
e.
Violation of this chapter.
2.
One year from the date of revocation of a license, the licensee may make<br>application to the board for reinstatement.
The board may accept or reject an
application for reinstatement or may require an examination for reinstatement.
43-37-14. Renewal of license. Repealed by S.L. 1983, ch. 489, § 11.
43-37-15. Fees. Repealed by S.L. 1983, ch. 489, § 11.
43-37-16. Notice. Repealed by S.L. 1983, ch. 489, § 11.
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43-37-17. Continuing professional education. Repealed by S.L. 1983, ch. 489, § 11.
43-37-18.
Penalty.
Any person who violates this chapter is guilty of a class A
misdemeanor.
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Document Outline
chapter 43-37 audiologists and speech-language pathologists
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