SB 58 — AN ACT relating to professions assessing hearing and speech.

UNOFFICIALCHAPTER COPY53 231 RSCHAPTER 53 ( SB 58/EN58 ) AN ACT relating to professions assessing hearing and speech.

(7) "Practice of fitting hearing instruments" means the measurement of human hearing by means of an audiometer for the purpose of making selections, adaptions, and adjustments of hearing instruments, including both over-the-over-the-counter counter hearing aids and prescription hearing aids.

(8) "Practice of selling and fitting hearing instruments" means selling, ordering the use of, and fitting prescription hearing aids and over-the-counter hearing aids, Page 1 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN including the measurement of human hearing by means of an audiometer for the purpose of making selections, adaptions, and adjustments of hearing instruments.

321(h), that is not an over-over-the-counter the-counter hearing aid as defined in Over-the-CounterOver-the- Counter Hearing Aid Controls, 21 C.F.R.

(2) The servicing, marketing, sale, dispensing, customer support, or distribution of over-the-counter hearing aids, or an equivalent activity, whether through in-in-person Page 2 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN person transactions, by mail, or online, shall not cause, require, or otherwise obligate a person providing such services to obtain specialized licensing, certification, or any other state or local sanction unless the requirement is generally applicable to the sale of any product or to all places of business regardless of whether they sell over-the-counter hearing aids.

A person licensed Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY under KRS Chapters 334 and 334A may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids to any person.

(3) "Board" means the Kentucky Board of Speech-Language Pathology and Page 3 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN Audiology;

(8) "Practice of speech pathology" means the application of principles, methods, and procedures for the measurement, testing, audiometric screening, identification, Page 4 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN appraisal, determination of prognosis, evaluation, consultation, remediation, counseling, instruction, and research related to the development and disorders of speech, voice, verbal and written language, cognition/communication, or oral and pharyngeal sensorimotor competencies for the purpose of designing and implementing programs for the amelioration of these disorders and conditions.

A speech-language pathologist may describe himself or herself to the public by any title or description of services incorporating the words "speech-"speech-language language pathologist," "speech-language pathology," "speech-language therapy," "speech-language correction," "speech-language correctionist," "speech-language therapist," "speech CHAPTER 53 3 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 speech-language pathology services provided without appropriate supervision or outside the public school system shall be deemed to be Page 5 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN the unlicensed practice of speech-language pathology and shall subject the offending party to penalties established in KRS 334A.990;

(11) "Supervisor" means a person who holds a Kentucky license as a speech-speech-language language pathologist or who holds Education Professional Standards Board master's level certification as a teacher of exceptional children in the areas of speech and communication disorders as established by administrative regulation;

(g) Schedule activities, prepare charts, records, graphs, or otherwise display Page 6 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN data.

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

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (f) Signing any due process document without the cosignature of the supervisor;

Page 7 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN (h) Disclosing clinical or confidential information, either orally or in writing, to anyone not designated by the supervisor;

(a) A medical or osteopathic physician licensed to practice in the Commonwealth of Kentucky from treating or fitting hearing instruments to the human ear, which includes the making of ear molds;[,] or [to] (b) An audiologist holding a certificate of clinical competence in audiology from the American Speech-Language-HearingSpeech- Language-Hearing Association so long as they do not engage in the sale of hearing instruments.

(3) Nothing in this chapter shall be construed as restricting or preventing activities of a speech-language pathology or audiology nature or the use of the official title of the Page 8 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN position for which they were employed on the part of the following persons:

(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 Page 9 of 10 SB005820.100 - 941 - XXXX 3/15/2023 8:41 PM Engrossed UNOFFICIAL COPY 23 RS SB 58/EN course of study and if such persons are designated by such title as "audiology intern," "audiology 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 language pathology or audiology services in this state if the CHAPTER 53 5 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 10by ofGovernor 10March SB005820.10022, -2023. 941 - XXXX 3/15/2023 8:41 PM Engrossed

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