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House Bill 2531 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2531
(By Delegates Morgan, Stephens, Paxton, Hartman, Ferns,
Howell, Folk, Smith, R., Faircloth, Arvon and Nelson, J.)
[Introduced February 19, 2013; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to repeal §30-32-23 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §30-32-1, §30-32-2, §30-32-
3, §30-32-4, §30-32-5, §30-32-6, §30-32-7, §30-32-8, §30-32-9,
§30-32-10, §30-32-11, §30-32-12, §30-32-13, §30-32-14, §30-32-
15, §30-32-16, §30-32-17, §30-32-18, §30-32-19, §30-32-20 and
§30-32-21 of said code, all relating to the practice of
speech-language pathology and audiology; prohibiting practice
without a license; providing exemptions; specifying
applicability of other law; providing definitions; continuing
the board of Examiners for Speech-Language Pathology and
Audiology; specifying qualifications of board members;
providing terms and conditions of board members' service;
providing for election of board officers; providing for
compensation and expense reimbursement of board members;
setting forth powers and duties of the board; providing rule-
making authority; continuing the board of Examiners for Speech-Language Pathology and Audiology Fund; providing
qualifications for practicing speech-language pathology or
audiology; providing for provisional licenses to practice
while attaining required postgraduate professional experience;
providing for waiver of requirements for persons who hold a
license from another state with substantially equivalent
standards; providing for practice pending disposition of
application; requiring a license to practice in public
schools; providing requirements for attaining a license to
practice in public schools; providing scopes of practice for
speech-language pathology and audiology; requiring speech-
language pathology assistants and audiology assistants to
register with the board; providing registration and
supervision requirements for speech-language pathology
assistants and audiology assistants; requiring a license to
telepractice; providing conditions and requirements for
telepractice; providing for renewal of licenses and
registrations; providing for renewal of lapsed licenses and
registrations; providing for the suspension, revocation and
refusal to renew licenses and registrations; providing for the
reinstatement of revoked licenses and registrations;
authorizing actions to enjoin violations; providing for the
investigation of complaints; setting forth complaint
procedures and hearing procedures; establishing grounds for disciplinary actions; providing for rights of appeal and
judicial review; providing that a single act is sufficient to
justify disciplinary action; providing for criminal
proceedings; and providing for criminal penalties.
Be it enacted by the Legislature of West Virginia:
That §30-32-23 of the Code of West Virginia, 1931, as amended,
be repealed; and that §30-32-1, §30-32-2, §30-32-3, §30-32-4, §30-
32-5, §30-32-6, §30-32-7, §30-32-8, §30-32-9, §30-32-10, §30-32-11,
§30-32-12, §30-32-13, §30-32-14, §30-32-15, §30-32-16, §30-32-17,
§30-32-18, §30-32-19, §30-32-20 and §30-32-21 of said code be
amended and reenacted, all to read as follows:
ARTICLE 32. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS.
§30-32-1. Unlawful acts; persons and practices not affected.
_____(a) It is unlawful for any person to practice or offer to
practice speech-language pathology or audiology in this state
without a license issued under the provisions of this article, or
advertise or use any title or description tending to convey the
impression that the person is a speech-language pathologist or
audiologist unless the person has been licensed under the
provisions of this article, and the license has not expired, been
suspended or revoked.
_____(b) No business entity, except through a licensee, may render
any service or engage in any activity which if rendered or engaged
in by an individual, would constitute the practices licensed under the provisions of this article.
_____(c) As of July 1, 2014, speech-language pathologists and
audiologists employed or contracted by the West Virginia Board of
Education, a county board of education or a regional education
service agency are required to be licensed under the provisions of
this article.
_____(d) As of July 1, 2014, speech-language pathology assistants
and audiology assistants employed or contracted by the West
Virginia Board of Education, a county board of education or a
regional education service agency are required to be registered
with the board under the provisions of this article.
_____(e) Nothing in this article prevents or restricts:
_____(1) Any person licensed or registered under any other law of
this state from practicing the profession and performing services
for which he or she is licensed or registered;
_____(2) A physician or surgeon licensed by this state while
engaging in the profession for which he or she is licensed;
_____(3) A trained individual providing hearing testing or balance
system assessment under the direct supervision of a licensed
physician or surgeon;
_____(4) A person credentialed by this state as a teacher of the
deaf;
_____(5) The activities and services of persons pursuing a course
of study leading to a degree in speech-language pathology or audiology at a college or university, if:
_____(A) These activities and services constitute a part of a
planned course of study at that institution;
_____(B) They are designated by a title such as intern, trainee,
student or by other title clearly indicating the status appropriate
to their level of education; and
_____(C) They work under the supervision of a person licensed by
this state to practice speech-language pathology or audiology;
_____(6) The activities of persons who are nonresidents of this
state from engaging in the practice of speech-language pathology or
audiology if the activities of the persons do not exceed five days
in any calendar year and they:
_____(A) Meet the qualifications of this article;
_____(B) Register with the board in accordance with procedures
specified in its rules; and
_____(C) Abide by the standards of professional conduct contained
in this article and rules promulgated by the board;
_____(7) The practices and procedures of qualified licensed hearing
aid dealers engaged solely in the practice of dealing in or fitting
of hearing aids under article twenty-six of this chapter; or
_____(8) The activity of occupational hearing conservationists
engaged in hearing testing as part of a hearing conservation
program in compliance with regulations of the Occupational Safety
and Health Administration.
_____(f) A person licensed under this article as an audiologist is
not required to obtain a license under the provisions of article
twenty-six of this chapter.
§30-32-2. General provisions.
_____The practices licensed under the provisions of this article
and the West Virginia Board of Examiners for Speech-Language
Pathology and Audiology are subject to the provisions of article
one of this chapter, the provisions of this article and any rules
promulgated hereunder.
§30-32-3. Definitions.
_____The following terms have the following meanings:
_____(1) "Applicant" means a person applying for a license required
by this article.
_____(2) "Assistant" means a speech-language pathology assistant or
an audiology assistant as further defined in this section and who
is registered with the board in accordance with the provisions of
this article and legislative rule.
_____(3) "Audiologist" means a person who engages in the practice
of audiology and who is licensed pursuant to the provisions of this
article.
_____(4) "Audiology" means the application of principles, methods,
and procedures related to hearing and the disorders of hearing and
to related language and speech disorders.
_____(5) "Audiology disorders" means any and all conditions, whether of organic or nonorganic origin, peripheral or central,
that impede the normal process of human communication including,
but not limited to, disorders of auditory sensitivity, acuity,
function or processing.
_____(6) "Audiology assistant" means a person who practices under
the direction and supervision of an audiologist licensed under this
article and who is registered with the board in accordance with
this article and legislative rule.
_____(7) "Board" means the West Virginia Board of Speech-Language
Pathology and Audiology.
_____(8) "Business entity" means any firm, partnership,
association, company, corporation, limited partnership, limited
liability company or other entity doing business in the State of
West Virginia.
_____(9) "Direct supervision" means the actual physical presence of
a supervising licensed speech-language pathologist or supervising
licensed audiologist in the room where treatment is provided by an
assistant.
_____(10) "General supervision" means initial direction and
periodic inspection of the activities of an assistant by the
supervising licensed speech-language pathologist or supervising
licensed audiologist, who is physically present in the building
where treatment is provided and is quickly and easily available.
_____(11) "Initial supervision training" means training required of supervising licensed speech-language pathologists and supervising
licensed audiologists before providing supervision of assistants,
as further defined by legislative rule.
_____(12) "Instruction" means:
_____(A) Providing speech-language pathology or audiology services
in infant/toddler, preschool, elementary or secondary school
programs; or
_____(B) Teaching students in institutions of higher education.
_____(13) "Level I license" means a license to practice exclusively
in public schools issued pursuant to the provisions of section
eleven of this article.
_____(14) "License" means a license issued pursuant to the
provisions of this article.
_____(15) "Licensee" means a person who is licensed pursuant to the
provisions of this article.
_____(16) "Provisional license" means a license issued pursuant to
the provisions of section nine of this article.
_____(17) "Registrant" means an assistant who is registered
pursuant to the provisions of this article.
_____(18) "Registration" means a registration issued pursuant to
the provisions of this article.
_____(19) "Speech-language pathologist" means any person who
engages in the practice of speech-language pathology and who is
licensed pursuant to the provisions of this article.
_____(20) "Speech-language pathology" means the application of
principles, methods and procedures related to the development,
disorders and effectiveness of human communication and related
functions.
_____(21) "Speech-language pathology assistant" means a person who
practices under the direction and supervision of a speech-language
pathologist licensed under this article and who is registered with
the board in accordance with this article and legislative rule.
_____(22) "Speech-language pathology disorders" means conditions,
whether of organic or nonorganic origin, that impede the normal
process of human communication including, but not limited to,
disorders and related disorders of speech, articulation, fluency,
voice, verbal and written language, Auditory comprehension,
cognition/communication, and oral, pharyngeal and/or laryngeal
sensorimotor competencies.
_____(23) "Telepractice" means the application of telecommunication
technology to deliver speech-language pathology or audiology
services through real time interaction from one site to another for
assessment, intervention or consultation in a manner sufficient to
ensure patient confidentiality.
§30-32-4. Board of Examiners for Speech-language Pathology and
Audiology.
_____(a) The West Virginia Board of Examiners for Speech-Language
Pathology and Audiology is continued. The members of the board in office on July 1, 2013 may, unless sooner removed, continue to
serve until their respective terms expire or until their successors
have been appointed and qualified.
_____(b) The Governor shall appoint, by and with the advice and
consent of the Senate:
_____(1) Two persons who are speech-language pathologists;
_____(2) Two persons who are audiologists; and
_____(3) One citizen member who is not licensed under this article.
_____(c) The terms are for three years. No member may serve for
more than two consecutive terms.
_____(d) Each licensed member of the board, at the time of his or
her appointment, must have held a license in this state for at
least three years;
_____(e) Each member of the board must be a resident of this state
during the appointment term.
_____(f) No board member may serve as an officer of the West
Virginia Speech Language and Hearing Association concurrently with
his or her service on the board.
_____(g) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant.
_____(h) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.
_____(i) A licensed member of the board immediately and automatically forfeits membership to the board if his or her
license or registration to practice is suspended or revoked.
_____(j) A member of the board immediately and automatically
forfeits membership to the board if he or she is convicted of a
felony under the laws of any jurisdiction or becomes a nonresident
of this state.
_____(k) The board shall elect annually one of its members as
chairperson and one of its members as secretary-treasurer who shall
serve at the will and pleasure of the board.
_____(l) Each member of the board is entitled to receive
compensation and expense reimbursement in accordance with article
one of this chapter.
_____(m) A majority of the members of the board constitutes a
quorum.
_____(n) The board shall hold at least one annual meeting. Other
meetings shall be held at the call of the chairperson or upon the
written request of four members, at the time and place as
designated in the call or request.
_____(o) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.
_____(p) Board members are immune from civil liability for the
performance of their official duties so long as they act in good
faith.
§30-32-5. Powers and duties of the board.
_____(a) The board has all the powers and duties set forth in this
article, by legislative rule, in article one of this chapter and
elsewhere in law.
_____(b) The board shall:
_____(1) Hold meetings and conduct hearings;
_____(2) Establish requirements for licenses and registrations;
_____(3) Establish procedures for submitting, approving and
rejecting applications for licenses and registrations;
_____(4) Determine the qualifications of any applicant for a
license or registration;
_____(5) Propose rules for legislative approval relating to
professional conduct and ethical standards of practice;
_____(6) Communicate disciplinary actions to relevant state and
federal authorities, the American Speech-Language-Hearing
Association, the West Virginia Speech-Language and Hearing
Association and other applicable authorities when public safety is
at risk;
_____(7) Maintain an office and hire, discharge, establish the job
requirements and fix the compensation of employees and contracted
employees necessary to enforce the provisions of this article;
_____(8) Investigate alleged violations of the provisions of this
article, legislative rules, orders and final decisions of the
board;
_____(9) Conduct disciplinary hearings of persons regulated by the
board;
_____(10) Determine disciplinary action and issue orders;
_____(11) Institute appropriate legal action for the enforcement of
the provisions of this article;
_____(12) Maintain an accurate registry of names and addresses of
all persons regulated by the board;
_____(13) Keep accurate and complete records of its proceedings,
and certify the same as may be necessary and appropriate;
_____(14) Establish by legislative rule the continuing education
and competency requirements for licensees and registrants;
_____(15) Issue, renew, combine, deny, suspend, revoke or reinstate
licenses and registrations pursuant to the provisions of this
article;
_____(16) Establish a fee schedule;
_____(17) Take all other actions necessary and proper to effectuate
the purposes of this article; and
_____(18) Propose rules in accordance with the provisions of
article three, chapter twenty-nine-a of this code to implement the
provisions of this article.
_____(c) The board may:
_____(1) Approve and contract with third parties to administer the
examinations required under the provisions of this article;
_____(2) Sue and be sued in its official name as an agency of this state;
_____(3) Confer with the Attorney General or his or her assistants
in connection with legal matters and questions; and
_____(4) Perform random audits of continuing education and
supervision records and documentation of licensure and registration
requirements to determine compliance with this article and
legislative rule.
§30-32-6. Rulemaking.
_____(a) The board shall propose rules for legislative approval, in
accordance with the provisions of article three, chapter twenty-
nine-a of this code, to implement the provisions of this article,
including:
_____(1) Standards and requirements for licenses and registrations;
_____(2) Requirements, qualifications and designation of third
parties to establish educational requirements and to prepare and/or
administer examinations and reexaminations;
_____(3) Procedures for the issuance and renewal of a license,
registration and limited license to practice in public schools;
_____(4) A fee schedule;
_____(5) Continuing education and competency requirements for
licensees and registrants;
_____(6) Establishment of competency standards;
_____(7) The procedures for denying, suspending, revoking,
reinstating or limiting the practice of a licensee or registrant;
_____(8) Requirements for reinstatement of revoked licenses and
registrations;
_____(9) Guidelines for telepractice;
_____(10) Rules to define the role of the speech-language pathology
assistant or audiology assistant, including, but not limited to:
_____(A) The supervisory responsibilities of licensees;
_____(B) The ratio of assistants to licensees;
_____(C) The scope of duties and restrictions of responsibilities
of assistants;
_____(D) The frequency, duration and documentation of supervision
required under the provisions of this article;
_____(E) The quantity and content of preservice and in-service
instruction; and
_____(F) The procedures for renewing, suspending or revoking the
registration of assistants; and
_____(11) Any other rules necessary to effectuate the provisions of
this article.
_____(b) The board may promulgate emergency rules in accordance
with section fifteen, article three, chapter twenty-nine-a of this
code to establish:
_____(1) Requirements and procedures for the issuance of a Level I
license to practice exclusively in public schools in accordance
with section eleven of this article; and
_____(2) Requirements and procedures for telepractice in accordance with the provisions of section fourteen of this article, including
the scope of duties and restrictions of responsibilities of
assistants in telepractice.
_____(c) All rules in effect on the effective date of the 2013
revision of this article remain in effect until they are amended or
repealed, and references to provisions of former enactments of this
article are interpreted to mean provisions of this article.
§30-32-7. Funds.
_____(a) All fees and other moneys, except administrative fines,
received by the board shall be deposited in a separate special
revenue fund in the State Treasury designated the "Board of
Examiners for Speech-Language Pathology and Audiology Fund", which
is continued. The fund is used by the board for the administration
of this article. Except as may be provided in article one of this
chapter, the board retains the amount in the special revenue
account from year to year. No compensation or expense incurred
under this article is a charge against the General Revenue Fund.
_____(b) Any amount received as fines, imposed pursuant to this
article, shall be deposited into the General Revenue Fund of the
State Treasury.
§30-32-8. Qualifications for licensure as a speech-language
pathologist or audiologist.
_____(a) To be eligible for licensure by the board as a speech-
language pathologist, the applicant shall:
_____(1) Make application to the board, upon a form prescribed by
the board;
_____(2) Pay to the board an application fee as established by the
board;
_____(3) Possess at least a master's degree or equivalent in
speech-language pathology from an educational institution approved
by the board which consists of coursework approved by the board and
delineated in legislative rule;
_____(4) Complete supervised clinical practicum experiences from an
educational institution or its cooperating programs, the content of
which shall be approved by the board and delineated in the rules;
_____(5) Complete a postgraduate professional experience as
approved by the board and described in legislative rule;
_____(6) Pass the national examination in speech-language
pathology; and
_____(7) Pass a jurisprudence examination developed by the board.
_____(b) To be eligible for licensure by the board as an
audiologist, the applicant shall:
_____(1) Make application to the board, upon a form prescribed by
the board;
_____(2) Pay to the board an application fee as established by the
board;
_____(3) As of July 1, 2014, possess at least a doctorate degree or
equivalent in audiology from an educational institution approved by the board which consists of coursework approved by the board and
delineated in legislative rule;
_____(4) Complete supervised clinical practicum experiences from an
educational institution or its cooperating programs, the content of
which shall be approved by the board and delineated in the rules;
_____(5) Complete a postgraduate professional experience as
approved by the board and described in legislative rule;
_____(6) Pass the national examination in audiology; and
_____(7) Pass a jurisprudence examination developed by the board.
_____(c) Subject to the renewal requirements set forth in section
fifteen of this article, a license issued by the board under prior
enactments of this article shall for all purposes be considered a
license issued under this article.
§30-32-9. Provisional licenses.
__________(a) The board shall issue a provisional license to an
applicant who, except for the postgraduate professional experience
set forth in subdivision (5), subsection (a) of section eight of
this article, or subdivision (5), subsection (b) of section eight
of this article:
__________(1) Meets the academic, practicum, and examination
requirements of this article;
__________(2) Submits an application to the board, upon a form
prescribed by the board, including a plan for the content of the
postgraduate professional experience; and
__________(3) Pays to the board the appropriate application fee for a
provisional license.
__________(b) A person holding a provisional license may practice
speech-language pathology or audiology only under the general
supervision of a person licensed to practice in the professional
field for which the provisional license was issued.
__________(c) The term for provisional licenses and the conditions for
their renewal are to be determined by the board and delineated in
legislative rule.
§30-32-10. Waiver of requirements; practice pending disposition
of application.
_____(a) The board shall waive the national examination
requirements in speech-language pathology and/or audiology for an
applicant who either:
_____(1) Presents proof of current licensure in a state that has
standards that are substantially equivalent to those of this state;
or
_____(2) Holds a certificate of clinical competence in speech-
language pathology or audiology from the American Speech-Language-
Hearing Association in the professional field for which they seek
licensure.
_____(b) An applicant who holds current licensure from another
state with substantially equivalent standards or who holds the
certificate of clinical competence from the American Speech-Language-Hearing Association may practice speech-language pathology
or audiology in this state, pending the board's disposition of the
application, if the applicant:
_____(1) Is practicing in the professional field in which the
licensure or certificate of clinical competence was granted; and
_____(2) Has filed an application with the board and paid the
appropriate application fee.
§30-32-11. Level I license to practice exclusively in public
schools.
_____(a) As of July 1, 2014, the board shall issue a Level I
license to practice speech-language pathology exclusively in public
schools to applicants who:
_____(1) Apply for a Level I license to practice speech-language
pathology exclusively in public schools on or before July 1, 2014;
_____(2) Provide proof of being employed or contracted by the West
Virginia Board of Education, a county board of education or a
regional education service agency on or before July 1, 2013, in the
field of speech-language pathology; and
_____(3) Possess at least a bachelor's degree or equivalent in
speech-language pathology from an educational institution approved
by the board which consists of coursework approved by the board and
delineated in legislative rule.
_____(b) As of July 1, 2014, the board shall issue a Level I
license to practice audiology exclusively in public schools to applicants who:
_____(1) Apply for a Level I license to practice audiology
exclusively in public schools on or before July 1, 2014;
_____(2) Provide proof of being employed or contracted by the West
Virginia Board of Education, a county board of education or a
regional education service agency on or before July 1, 2013, in the
field of audiology; and
_____(3) Possess at least a master's degree or equivalent in
audiology from an educational institution approved by the board
which consists of coursework approved by the board and delineated
in legislative rule.
§30-32-12. Scope of practice for speech-language pathology and
audiology.
_____(a) The practice of speech-language pathology includes:
_____(1) Prevention, screening, consultation, assessment and
diagnosis, treatment, intervention, management, counseling and
follow-up services for disorders of speech (i.e., articulation,
fluency, resonance and voice), language (i.e., phonology,
morphology, syntax, preliteracy and language-based skills),
swallowing or other upper aerodigestive functions;
_____(2) Cognitive aspects of communication (i.e., attention,
memory, problem solving);
_____(3) Establishing augmentative and alternative communication
techniques and strategies, including developing, selecting and prescribing of systems and devices (e.g., speech generating
devices) and providing training in their use;
_____(4) Providing services to individuals with hearing loss and
their families (e.g., Auditory training, speech reading, speech and
language intervention secondary to hearing loss;
_____(5) Screening hearing of individuals who can participate in
conventional puretone air conduction methods and screening middle
ear pathology through screening tympanometry for the purpose of
referral for further evaluation: Provided, That judgments and
descriptive statements about the results of the screenings are
limited to pass/fail determinations;
_____(6) Using instrumentation (e.g., videofluroscopy) to observe,
collect data and measure parameters of communication and swallowing
as directed by a licensed physician; and
_____(7) Selecting, fitting and establishing effective use of
prosthetic/adaptive devices for communication, swallowing or other
upper aerodigestive functions.
_____(b) The practice of audiology includes:
_____(1) Facilitating the conservation of Auditory system function,
developing and implementing environmental and occupational hearing
conservation programs;
_____(2) Screening, identifying, assessing and interpreting,
preventing and rehabilitating peripheral and central Auditory
system disorders;
_____(3) Providing and interpreting behavioral and electro-
physiological measurements of Auditory and vestibular functions;
_____(4) Selecting, fitting, programming and dispensing of
amplification, assistive listening and alerting devices and
programming and other systems (e.g., implantative devices) and
providing training in their use;
_____(5) Providing audiologic and aural rehabilitation and related
counseling services to individuals with hearing impairments and
their families;
_____(6) Providing vestibular rehabilitation;
_____(7) Cerumen removal; and
_____(8) Screening of speech-language and other factors affecting
communication disorders: Provided, That judgments and descriptive
statements about the results of the screenings are limited to
pass/fail determinations.
§30-32-13. Speech-language pathology and audiology assistants;
supervision requirements.
_____(a) On or before July 1, 2014, speech-language pathology
assistants and audiology assistants shall register with the board
in accordance with the provisions of this article and legislative
rule, and shall:
_____(1) Possess a minimum of an associate's degree from an
institution or technical training program with a program of study
designed to prepare the student to be a speech language pathology or audiology assistant;
_____(2) Meet all requirements set forth in legislative rule; and
_____(3) Work only under the supervision of a licensee licensed in
the professional field in which the assistant is working.
_____(b) Licensees who supervise assistants shall:
_____(1) Report to the board the name of each assistant working
under the licensee's supervision;
_____(2) Complete initial supervision training prior to accepting
an assistant for supervision and upgrade supervision training on a
regular basis;
_____(3) Document preservice training and credentials of the
assistant;
_____(4) Provide direct supervision of the first three hours of
treatment by the assistant for each patient or client, followed by
a minimum of one direct observation for each subsequent two week
period and document the direct observation;
_____(5) Provide general supervision and be responsible for the
extent, kind and quality of service provided by the assistant and
for all services provided by the assistant, consistent with this
article and the board's legislative rule;
_____(6) Ensure that persons receiving services from an assistant
receive prior written notification that services are to be
provided, in whole or in part, by an assistant; and
_____(7) Meet all requirements set forth in legislative rule.
§30-32-14. Telepractice.
_____(a) Speech-language pathologists and audiologists may provide
services in this state by telepractice only if licensed under the
provisions of this article.
_____(b) Speech-language pathologists and audiologists providing
services by telepractice shall deliver services consistent with the
quality of services delivered in person, and shall:
_____(1) Secure informed consent of the student, patient or client
before the services are provided;
_____(2) Maintain the confidentiality of the student, patient or
client as required by law;
_____(3) Provide documentation of the delivery of services;
_____(4) Train assistants before allowing them to assist in the
delivery of service by telepractice, and document the training and
delivery of service by the assistants; and
_____(5) Meet any other requirements which may be set forth in
legislative rule.
§30-32-15. Renewal of license or registration; renewal of lapsed
license or registration; suspension, revocation and
refusal to renew; reinstatement of revoked license
or registration.
_____(a) Licenses and registrations may be renewed biennially, upon
documentation of required continuing education and payment of a renewal fee.
_____(b) A license or registration which has lapsed may be renewed
within one year of its expiration date in the manner set by the
board.
_____(c) A license or registration which has lapsed for more than
one year but fewer than five years may be reinstated, upon
documentation of continuing education credits earned during the
lapsed period equal to the credits required for renewal and payment
of a reinstatement fee.
_____(d) A license or registration which has lapsed for more than
five years may not be reinstated. A new license or registration
may be issued to an applicant who complies with the requirements
relating to the issuance of an original license or registration in
effect at the time of the application.
_____(e) The board may suspend, revoke or refuse to renew a license
or registration for any reason which would justify the denial of an
original application for licensure or registration.
_____(f) The board may consider the reinstatement of a license or
registration which has been revoked upon a showing that the
applicant can resume practicing with reasonable skill and safety.
§30-32-16. Actions to enjoin violations.
_____(a) If the board obtains information that any person has
engaged in, is engaging in or is about to engage in any act which
constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a
final order or decision of the board, it may issue a notice to the
person to cease and desist in engaging in the act and/or apply to
the circuit court in the county of the alleged violation for an
order enjoining the act.
_____(b) The circuit courts of this state may issue a temporary
injunction pending a decision on the merits, and may issue a
permanent injunction based on its findings in the case.
_____(c) The judgment of the circuit court on an application
permitted by the provisions of this section is final unless
reversed, vacated or modified on appeal to the West Virginia
Supreme Court of Appeals.
§30-32-17. Complaints; investigations; due process procedure;
grounds for disciplinary action.
__(a) The board may upon its own motion based on credible
information, and shall, upon the written complaint of any person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative
rules of the board.
__(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee or
registrant.
__(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists that the licensee or registrant has violated any provision of
subsection (g) of this section or rules promulgated pursuant to
this article.
__(d) Upon a finding that probable cause exists that the
licensee or registrant has violated any provision of this
subsection (g) of this section or rules promulgated pursuant to
this article, the board may enter into a consent decree or hold a
hearing for the suspension or revocation of the license or
registration or the imposition of sanctions against the licensee or
registrant.
__(e) Any member of the board may issue subpoenas and subpoenas
duces tecum to obtain testimony and documents to aid in the
investigation of allegations against any person regulated by the
article.
__(f) Any member of the board may sign a consent decree or other
legal document on behalf of the board.
__(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend or revoke the license or
registration of, impose probationary conditions upon or take
disciplinary action against, any licensee or registrant for any of
the following reasons once a violation has been proven by a
preponderance of the evidence:
__(1) Obtaining a license or registration by fraud,
misrepresentation or concealment of material facts;
__(2) Being convicted of a felony or other crime related to the
practice of the professions regulated by this article;
__(3) Being guilty of unprofessional conduct as defined by
legislative rule of the board;
__(4) Violating provisions of this article or a lawful order or
legislative rule of the board;
__(5) Providing substandard care as a speech-language
pathologist, audiologist or assistant due to a deliberate or
negligent act or failure to act regardless of whether actual injury
to a patient or client is established;
__(6) Providing substandard care as a speech-language pathology
or audiology assistant, including exceeding the authority to
perform components of service selected and delegated by the
supervising speech-language pathologist or audiologist regardless
of whether actual injury to a patient is established;
__(7) Knowingly delegating responsibilities to an individual who
does not have the knowledge, skills or abilities to perform those
responsibilities;
__(8) Failing to provide appropriate supervision to a speech-
language pathology assistant or audiology assistant in accordance
with this article and legislative rules of the board;
__(9) Practicing as a speech-language pathologist, audiologist
or assistant when competent services to recipients may not be
provided due to the speech-language pathologist's, audiologist's or assistant's own physical or mental impairment;
__(10) Having had a speech-language pathologist, audiologist or
assistant license or registration revoked or suspended, other
disciplinary action taken, or an application for licensure or
registration refused, revoked or suspended by the proper
authorities of another jurisdiction;
__(11) Engaging in sexual misconduct. For the purposes of this
subdivision, sexual misconduct includes:
__(A) Engaging in or soliciting sexual relationships, whether
consensual or nonconsensual, while a relationship exists between
that person as a patient or client and the speech-language
pathologist, audiologist or assistant; or
__(B) Making sexual advances, requesting sexual favors or
engaging in physical contact of a sexual nature with patients or
clients;
__(12) Aiding or abetting a person who is not licensed as a
speech-language pathologist, audiologist or assistant in this state
and who directly or indirectly performs activities requiring a
license or registration;
__(13) Abandoning or neglecting a patient or client under and in
need of immediate professional care without making reasonable
arrangements for the continuation of care; or
__(14) Engaging in any act which has endangered or is likely to
endanger the health, welfare or safety of the public.
__(h) For the purposes of subsection (g) of this section,
effective July 1, 2013, disciplinary action may include:
__(1) Reprimand;
__(2) Probation;
__(3) Administrative fine, not to exceed $1,000 per day per
violation;
__(4) Mandatory attendance at continuing education seminars or
other training;
__(5) Practicing under supervision or other restriction;
__(6) Requiring the licensee or registrant to report to the
board for periodic interviews for a specified period of time;
__(7) Denial, suspension, revocation or nonrenewal of license or
registration; or
__(8) Other disciplinary action considered by the board to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk.
§30-32-18. Procedures for hearing; right of appeal.
__(a) Hearings are governed by the provisions of section eight,
article one of this chapter.
__(b) The board may conduct the hearing or elect to have an
administrative law judge conduct the hearing.
__(c) If the hearing is conducted by an administrative law
judge, the administrative law judge shall prepare a proposed
written order at the conclusion of a hearing containing findings of fact and conclusions of law. The proposed order may contain
proposed disciplinary actions if the board so directs. The board
may accept, reject or modify the decision of the administrative law
judge.
__(d) Any member of the board has the authority to administer
oaths, examine any person under oath and issue subpoenas and
subpoenas duces tecum.
__(e) If, after a hearing, the board determines the licensee or
registrant has violated any provision of this article or the
board's rules, a formal written decision shall be prepared which
contains findings of fact, conclusions of law and a specific
description of the disciplinary actions imposed.
§30-32-19. Judicial review.
__Any licensee or registrant adversely affected by a decision of
the board entered after a hearing may obtain judicial review of the
decision in accordance with section four, article five, chapter
twenty-nine-a of this code, and may appeal any ruling resulting
from judicial review in accordance with article six, chapter
twenty-nine-a of this code.
§30-32-20. Single act evidence of practice.
__In any action brought or in any proceeding initiated under
this article, evidence of the commission of a single act prohibited
by this article is sufficient to justify a penalty, injunction,
restraining order or conviction without evidence of a general course of conduct.
§30-32-21. Criminal proceedings; penalties.
__(a) When, as a result of an investigation under this article
or otherwise, the board has reason to believe that a licensee or
registrant has committed a criminal offense, the board may bring
the information to the attention of an appropriate law-enforcement
official.
__(b) Effective July 1, 2013, a person violating a provision of
this article is guilty of a misdemeanor and, upon conviction, shall
be fined not less than $500 nor more than $1,000 or confined in
jail not more than six months, or both fined and confined.
NOTE: The purpose of this bill is to rewrite the article
governing the practice of speech-language pathology and audiology
to update standards and conform to current drafting conventions;
and to require, after July 1, 2014, speech-language pathologists
and audiologists who work in public schools to be licensed, and
speech-language pathology assistants and audiology assistants who
work in public schools to register, with the board of Speech-
Language Pathology and Audiology.
This article has been completely rewritten; therefore, it has
been completely underscored.