HB 95 — AN ACT relating to the selling and fitting of hearing instruments.

UNOFFICIALCHAPTER COPY46 221 RSCHAPTER 46 ( HB 95/GA95 ) AN ACT relating to the selling and fitting of hearing instruments.

or (3) A license to practice as an audiologist issued by the Kentucky Board of Speech-Speech-Language Language Pathology and Audiology pursuant to KRS Chapter 334A.

Page 1 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA KENTUCKY LICENSING BOARD FOR SPECIALISTS IN HEARING INSTRUMENTS AT ITS CURRENT MAILING ADDRESS FOUND ON THE BOARD WEB SITE[, COMMONWEALTH OF KENTUCKY, FRANKFORT, KENTUCKY 40601];

Page 2 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA Section 3.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY As used in this chapter, unless the context otherwise requires:

A speech-language pathologist may describe himself to the public by any title or description of services incorporating the words "speech-language pathologist," "speech-language pathology," "speech-language therapy," "speech-"speech-language language correction," "speech-language correctionist," "speech-language therapist," "speech clinic," "speech clinician," "speech pathologist," "language pathologist," "language pathology," "language therapist," "logopedics," "logopedist," "communicology," "communicologist," "aphasiologist," "voice therapy," "voice therapist," "voice pathology," "voice pathologist," "phoniatrist," "communication disorders," or "verbal therapist";

Any representation to the public by title or by description of services, methods, or procedures for the evaluation, counseling, remediation consultation, measurement, testing, audiometric screening, identification, appraisal, instruction, and research of persons diagnosed with conditions or disorders affecting speech, voice, verbal and written language, cognition/communication, or oral and pharyngeal sensori-motor Page 3 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA competencies shall be considered to be the practice of speech-language pathology;

Any speech pathology services provided without appropriate supervision or outside the public school system shall be deemed to be the Page 4 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA unlicensed practice of speech pathology and shall subject the offending party to penalties established pursuant to KRS 334A.990;

(9) "Assisting in the practice of speech pathology" means the provision of certain specific components of a speech or language service program provided by a speech-speech-language language pathology assistant under the supervision and direction of an appropriately qualified supervisor.

CHAPTER 46 3 5.

Assist in the development and maintenance of an appropriate schedule Page 5 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA for service delivery;

(b) The following activities shall be outside the scope of practice of the speech-speech-language language pathology assistant:

Representing himself or herself as something other than a speech-speech-language Page 6 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA language pathology assistant;

and Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY 3.

and (d) Immediately following the information required by paragraphs (a), (b), and Page 7 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA (c) of this subsection, the statement, in all capital letters in no smaller type than the largest used in the body copy portion, that:

The consent Page 8 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA required by this subsection shall clearly and conspicuously state that the potential buyer is aware that the licensed audiologist may attempt to sell a hearing instrument during his or her visit.

(4) The board may suspend, revoke, refuse to issue or renew any license for a fixed Page 9 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA period of time, place on probation, issue a written reprimand to a licensee, levy a fine not to exceed one thousand dollars ($1,000), or any combination thereof, based on a finding of the board that a person licensed under this chapter has committed any of the following acts:

CHAPTER 46 5 (a) Change of personal name, corporate name, charter, entity, or partnership name or composition to avoid the imposition of liens or court action;

(3) Notice of cancellation, if given by mail, is given when it is deposited in the mail Page 10 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA properly addressed and postage prepaid.

(7) Until the seller has complied with this section, the client may cancel the purchase Page 11 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA by notifying the seller in any manner and by any means of his or her intention to cancel.

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (10) This section shall not apply to a sale of a hearing instrument that replaces a damaged or unworkable hearing instrument when the replacement hearing instrument is identical to the damaged or unworkable hearing instrument.

(13) Any waiver by the client of rights provided in this section shall be void and shall not operate to relieve the seller of any obligation placed upon him or her by this Page 12 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA section.

(a) Speech-language pathologists or audiologists employed by the federal government, if they are performing such activities solely within the confines or under the jurisdiction of the organization in which they are employed and do not offer to render speech-language pathology or audiology services as defined in subsections (4) and (6) of KRS 334A.020 to the public outside of Page 13 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA the institutions or organizations in which they are employed.

(4) Nothing in this chapter shall be construed as restricting the activities and services of a student or speech-languagespeech- language pathology intern pursuing a course of study leading to a degree in speech-language pathology at an accredited or approved college or university or an approved clinical training facility, if these activities and services constitute a part of the planned course of study and if such persons are designated by such title as "speech-language pathology intern," "speech-language pathology trainee," or other such title clearly indicating the training status appropriate to his or her level of training under the supervision of a licensed speech-languagespeech- language pathologist.

(5) Nothing in this chapter shall be construed as restricting the activities and services of a student or audiology intern pursuing a course of study leading to a degree in audiology at an accredited or approved college or university or an approved clinical training facility, if these activities and services constitute a part of the planned course of study and if such persons are designated by such title as "audiology intern," "audiology CHAPTER 46 7 trainee," or other such title clearly indicating the training status appropriate to his or her level of training, under supervision of a licensed audiologist.

(6) Nothing in this chapter shall be construed as restricting a speech-language pathologist or audiologist from another state from offering his or her speech-speech-language Page 14 of 15 HB009510.100 - 143 - XXXX GA UNOFFICIAL COPY 22 RS HB 95/GA language pathology or audiology services in this state if the services are performed for no more than five (5) days in any calendar year and if that person meets the qualifications and requirements stated in the section on qualifications, except that such person need not apply for licensure under this chapter.

PageSigned 15by ofGovernor 15March HB009510.10029, -2022. 143 - XXXX GA

Legislative Research Commission PDF Version