<section article="gho" article_name="Health Occupations" number="2-101" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="1" subtitle_name="Definitions and Policy"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Audiologist” means an individual who practices audiology.</text> </level> <level label="b–1"> <text>“Audiology assistant” means an individual who:</text> <level label="1"> <text>Meets the minimum qualifications established under this subtitle and in regulations adopted by the Board;</text> </level> <level label="2"> <text>Does not work independently; and</text> </level> <level label="3"> <text>Works under the general supervision of an audiologist licensed under this title.</text> </level> </level> <level label="c"> <text>“Board” means the State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists.</text> </level> <level label="d"> <text>“Direct supervision” means on–site and personal oversight by an individual licensed under this title who assumes responsibility for another individual’s conduct whether it is consistent or fails to be consistent with professional standards and the provisions of this title.</text> </level> <level label="d–1"> <text>“General supervision” means the supervision of a licensed audiology assistant by a licensed audiologist who may or may not be present when the licensed audiology assistant assists in the practice of audiology.</text> </level> <level label="e"> <text>“Hearing aid” means any FDA approved instrument or device that is designed for or represented as being capable of improving or correcting impaired human hearing.</text> </level> <level label="f"> <text>“Hearing aid dispenser” means an individual who practices hearing aid dispensing.</text> </level> <level label="g"> <text>“Hearing aid dispenser supervisor” means a licensed hearing aid dispenser or licensed audiologist who supervises a limited licensee who is studying hearing aid dispensing for the purpose of becoming eligible to sit for the licensure examination.</text> </level> <level label="h"> <level label="1"> <text>“Hearing aid dispensing” means performing, conducting, and interpreting hearing assessment procedures to determine the type and extent of hearing loss for the purpose of:</text> <level label="i"> <text>Fitting and ordering suitable hearing instruments, including prescription hearing aids;</text> </level> <level label="ii"> <text>Selecting suitable hearing instruments;</text> </level> <level label="iii"> <text>Programming a hearing aid by selecting and determining the frequency response, compression, output, gain, or other parameters of the hearing aid for initial wear by an individual or any required alterations throughout the use of the hearing aid;</text> </level> <level label="iv"> <text>Making ear molds or ear impressions; and</text> </level> <level label="v"> <text>Providing appropriate counseling.</text> </level> </level> <level label="2"> <text>“Hearing aid dispensing” includes:</text> <level label="i"> <text>An act pertaining to the ordering, selling, renting, leasing, or delivering of a hearing instrument, including a prescription hearing aid; and</text> </level> <level label="ii"> <text>Providing maintenance or repair services for a hearing aid.</text> </level> </level> </level> <level label="i"> <text>“Hearing aid establishment” means an establishment that offers, advertises, or performs hearing aid dispensing.</text> </level> <level label="j"> <level label="1"> <text>“License” means, unless the context requires otherwise, a license issued by the Board to practice audiology, hearing aid dispensing, or speech–language pathology, or to assist in the practice of speech–language pathology or audiology.</text> </level> <level label="2"> <text>“License” includes, unless the context requires otherwise, a limited license.</text> </level> </level> <level label="k"> <text>“Licensed audiologist” means, unless the context requires otherwise, an audiologist who is licensed by the Board to practice audiology.</text> </level> <level label="k–1"> <text>“Licensed audiology assistant” means, unless the context requires otherwise, an audiology assistant who is licensed by the Board to assist a licensed audiologist in the practice of audiology.</text> </level> <level label="l"> <text>“Licensed hearing aid dispenser” means, unless the context requires otherwise, a hearing aid dispenser who is licensed by the Board to practice hearing aid dispensing.</text> </level> <level label="m"> <text>“Licensed speech–language pathologist” means, unless the context requires otherwise, a speech–language pathologist who is licensed by the Board to practice speech–language pathology.</text> </level> <level label="n"> <text>“Licensed speech–language pathology assistant” means, unless the context requires otherwise, a speech–language pathology assistant who is licensed by the Board to assist a licensed speech–language pathologist in the practice of speech–language pathology.</text> </level> <level label="o"> <text>“Limited license” means a license issued by the Board to practice audiology, hearing aid dispensing, or speech–language pathology, or to assist in the practice of speech–language pathology as limited by §§ 2–310 through 2–310.3 of this title.</text> </level> <level label="p"> <text>“Oral competency” means the demonstration of general English–speaking proficiency by receiving a passing score on a standardized test that the Board has approved by regulation.</text> </level> <level label="q"> <level label="1"> <text>“Practice audiology” means to:</text> <level label="i"> <text>Evaluate, diagnose, manage, and treat auditory or vestibular conditions in the human ear;</text> </level> <level label="ii"> <text>Prescribe, order, sell, dispense, or fit hearing aids to an individual for the correction or relief of a condition for which hearing aids are worn;</text> </level> <level label="iii"> <text>Prescribe, order, sell, dispense, or externally fit a sound processor to an osseo–integrated device for the correction or relief of a condition for which osseo–integrated devices are worn; and</text> </level> <level label="iv"> <text>Prescribe, order, sell, dispense, or externally fit a sound processor to a cochlear implant for the correction or relief of a condition for which cochlear implants are worn.</text> </level> </level> <level label="2"> <text>“Practice audiology” includes:</text> <level label="i"> <text>The conducting of health screenings;</text> </level> <level label="ii"> <text>The removal of a foreign body from the external auditory canal that is not impacted to the point it requires anesthesia;</text> </level> <level label="iii"> <text>The removal of cerumen from the external auditory canal that is not impacted to the point it requires anesthesia;</text> </level> <level label="iv"> <text>The ordering of cultures and bloodwork testing as it relates to the auditory or vestibular conditions in the human ear;</text> </level> <level label="v"> <text>The ordering and performing of in–office, nonradiographic scanning or imaging of the external auditory canal; and</text> </level> <level label="vi"> <text>The ordering of radiographic imaging as it relates to the auditory or vestibular conditions in the human ear.</text> </level> </level> <level label="3"> <text>“Practice audiology” does not include:</text> <level label="i"> <text>Surgery using an instrument, including a laser, a scalpel, a needle, cautery, a cryoprobe, or a suture, in which human tissue is cut, burned, vaporized, removed, or otherwise permanently altered by mechanical means, laser, ionizing radiation, ultrasound, or other means;</text> </level> <level label="ii"> <text>Osseo–integrated device surgery;</text> </level> <level label="iii"> <text>Cochlear implant surgery; or</text> </level> <level label="iv"> <text>The preparation, operation, or performance of radiographic imaging.</text> </level> </level> </level> <level label="r"> <text>“Practice speech–language pathology” means to apply the principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction that relate to the development and disorders of speech, voice, swallowing, and related language and hearing disorders, to prevent or modify the disorders or to assist individuals in cognition–language and communication skills.</text> </level> <level label="r–1"> <text>“Sound processor” means a nonsurgical, external unit that attaches to an internal osseo–integrated device or cochlear implant.</text> </level> <level label="s"> <text>“Speech–language pathologist” means an individual who practices speech–language pathology.</text> </level> <level label="t"> <text>“Speech–language pathology assistant” means an individual who:</text> <level label="1"> <text>Meets the minimum qualifications established by the Board that shall be less stringent than those established by this title to license speech–language pathologists;</text> </level> <level label="2"> <text>Does not work independently; and</text> </level> <level label="3"> <text>Works under the direct supervision of a speech–language pathologist licensed under this title.</text> </level> </level> <level label="u"> <text>“Telehealth” means the use of telecommunications and information technologies for the exchange of information from one site to another for the provision of health care to an individual from a provider through hardwire or Internet connection.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-102" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="1" subtitle_name="Definitions and Policy"> <level label="a"> <text>This title applies to an individual who practices audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assists in the practice of speech–language pathology or audiology in the State.</text> </level> <level label="b"> <text>This title does not:</text> <level label="1"> <text>Limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article;</text> </level> <level label="2"> <text>Prohibit an individual from practicing any other profession that the individual is authorized to practice under the laws of this State;</text> </level> <level label="3"> <text>Limit the right of a physician who is authorized to practice medicine under the laws of the State to treat the human ear or fit hearing aids; or</text> </level> <level label="4"> <text>Apply to the servicing, marketing, sale, dispensing, use, customer support, or distribution of over–the–counter hearing aids through in–person transactions, by mail, or online as authorized by federal law and regulations.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-201" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <text>There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists in the Department.</text> </section> <section article="gho" article_name="Health Occupations" number="2-202" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <level label="a"> <level label="1"> <text>The Board consists of 15 members.</text> </level> <level label="2"> <text>Of the 15 Board members:</text> <level label="i"> <text>3 shall be licensed audiologists who have at least 5 years’ paid work experience in audiology and are currently practicing audiology in the State;</text> </level> <level label="ii"> <text>3 shall be licensed speech–language pathologists who have at least 5 years’ paid work experience in speech–language pathology and are currently practicing speech–language pathology in the State;</text> </level> <level label="iii"> <text>2 shall be physicians who shall be voting members of the Board, except on proposals that expand or restrict the practice of audiology as defined in § 2–101(q) of this title or that expand or restrict the practice of speech–language pathology as defined in § 2–101(r) of this title, and who:</text> <level label="1"> <text>Are licensed to practice medicine in the State;</text> </level> <level label="2"> <text>Hold a certificate of qualification from the American Board of Otolaryngology; and</text> </level> <level label="3"> <text>Are currently practicing in the State;</text> </level> </level> <level label="iv"> <text>2 shall be consumer members, 1 of whom shall be a consumer of services provided by an individual licensed by the Board;</text> </level> <level label="v"> <text>3 shall be licensed hearing aid dispensers who have at least 5 years’ paid work experience in dispensing hearing aids and are currently practicing hearing aid dispensing in the State; and</text> </level> <level label="vi"> <text>2 shall be licensed music therapists who have at least 5 years’ paid work experience in music therapy and are currently practicing music therapy in the State.</text> </level> </level> <level label="3"> <level label="i"> <text>The Governor shall appoint the physician members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Society of Otolaryngology.</text> </level> <level label="ii"> <text>There shall be at least 3 names on the list.</text> </level> </level> <level label="4"> <level label="i"> <text>The Governor shall appoint the speech–language pathologist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Board.</text> </level> <level label="ii"> <text>The number of names on the list shall be at least 3 times the number of vacancies.</text> </level> <level label="iii"> <text>For each licensed speech–language pathologist vacancy, the Board shall notify all licensed speech–language pathologists in the State of the vacancy to solicit nominations to fill the vacancy.</text> </level> </level> <level label="5"> <level label="i"> <text>Subject to subparagraph (iii) of this paragraph, the Governor shall appoint the audiologist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Academy of Audiology.</text> </level> <level label="ii"> <text>The number of names on the list shall be at least 3 times the number of vacancies.</text> </level> <level label="iii"> <text>For each audiologist vacancy, the Board shall notify all licensed audiologists in the State of the vacancy to solicit nominations to fill the vacancy.</text> </level> </level> <level label="6"> <level label="i"> <text>The Governor shall appoint the hearing aid dispenser members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Board.</text> </level> <level label="ii"> <text>The number of names on the list shall be at least 3 times the number of vacancies.</text> </level> <level label="iii"> <text>For each hearing aid dispenser vacancy, the Board shall notify all licensed hearing aid dispensers in the State of the vacancy to solicit nominations to fill the vacancy.</text> </level> </level> <level label="7"> <level label="i"> <text>The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.</text> </level> <level label="ii"> <text>The Board and the Secretary may solicit applications for consumer member vacancies from the general public.</text> </level> <level label="iii"> <level label="1"> <text>The Governor shall appoint the consumer member who is a consumer of services provided by an individual licensed by the Board from a list submitted by the Secretary.</text> </level> <level label="2"> <text>An organization representing patients or family members of patients served by individuals licensed by the Board may submit recommendations for the consumer Board member appointed under this subparagraph to the Secretary.</text> </level> <level label="3"> <text>The Board and the Secretary may notify organizations representing patients or family members of patients served by individuals licensed by the Board of a vacancy for the consumer member appointed under this subparagraph.</text> </level> </level> </level> <level label="8"> <level label="i"> <text>The Governor shall appoint the music therapist members, with the advice of the Secretary, from a list submitted to the Secretary and the Governor by the Maryland Association for Music Therapy.</text> </level> <level label="ii"> <text>The number of names on the list shall be at least 3 times the number of vacancies.</text> </level> <level label="iii"> <text>On or before December 31, 2021, the music therapist members shall be board certified music therapists, as defined in § 2–4A–01 of this title.</text> </level> <level label="iv"> <text>On or after January 1, 2022, the music therapist members shall be licensed professional music therapists, as defined in § 2–4A–01 of this title.</text> </level> </level> </level> <level label="b"> <text>Each member of the Board:</text> <level label="1"> <text>Shall be a resident of this State; but</text> </level> <level label="2"> <text>May not be an employee of the Department.</text> </level> </level> <level label="c"> <text>A consumer member of the Board:</text> <level label="1"> <text>Shall be a member of the general public;</text> </level> <level label="2"> <text>May not be or ever have been an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant, or in training to become an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant;</text> </level> <level label="3"> <text>May not have a household member who is an audiologist, hearing aid dispenser, or speech–language pathologist or in training to become an audiologist, hearing aid dispenser, or speech–language pathologist;</text> </level> <level label="4"> <text>May not participate or ever have participated in a commercial or professional field related to audiology, hearing aid dispensing, or speech–language pathology;</text> </level> <level label="5"> <text>May not have a household member who participates in a commercial or professional field related to audiology, hearing aid dispensing, or speech–language pathology; and</text> </level> <level label="6"> <text>May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.</text> </level> </level> <level label="d"> <text>While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.</text> </level> <level label="e"> <text>Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text> </level> <level label="f"> <level label="1"> <text>The term of a member is 4 years.</text> </level> <level label="2"> <text>The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1992.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> <level label="5"> <text>A member may not serve more than 2 consecutive full terms.</text> </level> <level label="6"> <text>To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days after the date of the vacancy.</text> </level> </level> <level label="g"> <level label="1"> <text>The Governor may remove a member for incompetence or misconduct.</text> </level> <level label="2"> <text>Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.</text> </level> </level> <level label="h"> <text>A member of the Board may not serve as an employee, an elected officer, or a director of a professional or trade association that has members who are under the authority of the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-203" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <level label="a"> <text>From among its members, the Board annually shall elect a chairman.</text> </level> <level label="b"> <text>The Board shall determine:</text> <level label="1"> <text>The manner of election of officers; and</text> </level> <level label="2"> <text>The duties of each officer.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-204" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <level label="a"> <text>A majority of the members currently serving on the Board, with at least 1 audiologist, hearing aid dispenser, speech–language pathologist, and music therapist regulated under the provisions of this title being present, is a quorum to do business.</text> </level> <level label="b"> <text>The Board shall meet at least once a year, at the times and places that it determines.</text> </level> <level label="c"> <text>In accordance with the budget of the Board, each member of the Board is entitled to:</text> <level label="1"> <text>Compensation, at a rate determined by the Board, for each day on which the member is engaged in the duties of the member’s office; and</text> </level> <level label="2"> <text>Reimbursement for expenses at a rate determined by the Board.</text> </level> </level> <level label="d"> <text>The Board may employ a staff in accordance with the budget of the Board.</text> </level> <level label="e"> <text>The Board shall appoint an executive director who:</text> <level label="1"> <text>Shall serve at the pleasure of the Board;</text> </level> <level label="2"> <text>Is the executive officer of the Board; and</text> </level> <level label="3"> <text>Has the powers and duties assigned by the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-205" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <text>In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:</text> <level label="1"> <text>To adopt rules and regulations to carry out the provisions of this title;</text> </level> <level label="2"> <text>To adopt and publish codes of ethics for the practices of audiology, hearing aid dispensing, and speech–language pathology, and the assistance in the practice of speech–language pathology and audiology;</text> </level> <level label="3"> <text>To adopt an official seal;</text> </level> <level label="4"> <text>To hold hearings and keep records and minutes necessary for the orderly conduct of business;</text> </level> <level label="5"> <text>To issue a list annually of the names of all individuals licensed by the Board;</text> </level> <level label="6"> <text>To send any notice that the Board is required to give to a licensee under this title to the last known address given to the Board by the licensee;</text> </level> <level label="7"> <text>To adopt regulations governing the use of telehealth communications by audiologists, hearing aid dispensers, and speech–language pathologists; and</text> </level> <level label="8"> <text>To adopt regulations governing the licensing of audiology assistants and assistance in the practice of audiology.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-205.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <level label="a"> <text>While investigating an allegation against a licensee under this title, the Board may require the licensee to submit to an appropriate examination by a health care provider designated by the Board if the Board has reason to believe that the licensee may cause harm to a person affected by the licensee’s practice of audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assistance in the practice of speech–language pathology or audiology.</text> </level> <level label="b"> <text>In return for the privilege given to a licensee to practice audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assist in the practice of speech–language pathology or audiology in the State, the licensee is deemed to have:</text> <level label="1"> <text>Consented to submit to an examination under this section, if requested by the Board in writing; and</text> </level> <level label="2"> <text>Waived any claim of privilege as to the testimony or reports of a health care provider who examines the licensee.</text> </level> </level> <level label="c"> <text>The failure or refusal of the licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the licensee’s inability to practice audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assist in the practice of speech–language pathology or audiology competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.</text> </level> <level label="d"> <text>The Board shall pay the cost of any examination made under this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-206" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <level label="a"> <text>There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists Fund.</text> </level> <level label="b"> <level label="1"> <text>The Board may set reasonable fees for the issuance and renewal of licenses and its other services.</text> </level> <level label="2"> <text>The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.</text> </level> <level label="3"> <text>Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.</text> </level> </level> <level label="c"> <text>In accordance with the budget of the Board, the Board may pay expenses incurred in carrying out the provisions of this title.</text> </level> <level label="d"> <level label="1"> <text>The Board shall pay all funds collected under this title to the Comptroller of the State.</text> </level> <level label="2"> <text>The Comptroller shall distribute the fees to the State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists Fund.</text> </level> </level> <level label="e"> <level label="1"> <text>The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.</text> </level> <level label="2"> <text>The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.</text> </level> <level label="3"> <text>Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.</text> </level> <level label="4"> <text>No other State money may be used to support the Fund.</text> </level> </level> <level label="f"> <level label="1"> <text>A designee of the Board shall administer the Fund.</text> </level> <level label="2"> <text>Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.</text> </level> </level> <level label="g"> <text>The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-207" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="2" subtitle_name="State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists"> <text>A person shall have immunity from the liability described under § 5–703 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.</text> </section> <section article="gho" article_name="Health Occupations" number="2-301" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assist in the practice of speech–language pathology or audiology in this State.</text> </level> <level label="2"> <text>On or after October 1, 2007, an individual hired by a Maryland local public school system, State–approved nonpublic school for handicapped children, or chartered educational institution of the State to practice speech–language pathology or assist in the practice of speech–language pathology, shall be licensed by the Board.</text> </level> </level> <level label="b"> <level label="1"> <text>This section does not apply:</text> <level label="i"> <text>To an individual employed by any agency of the federal government performing the duties of that employment;</text> </level> <level label="ii"> <text>To an individual continuously employed to practice audiology since June 30, 1988, by a county public school system, a State–approved nonpublic school for handicapped children, a chartered institution of the State, or the State Department of Education while performing the duties of that employment;</text> </level> <level label="iii"> <text>To an individual employed by a Maryland local public school system, State–approved nonpublic school for handicapped children, or chartered educational institution of the State or the State Department of Education to practice speech–language pathology continuously since on or before September 30, 2007, while performing the duties of that employment;</text> </level> <level label="iv"> <text>To a student or trainee in audiology or speech–language pathology while pursuing a supervised course of study at an accredited university or college or a recognized training center while the student is obtaining clinical practicum hours;</text> </level> <level label="v"> <text>To a volunteer while working in free speech and hearing screening programs;</text> </level> <level label="vi"> <text>To an individual licensed to practice audiology or speech–language pathology in another state or a foreign country while the individual:</text> <level label="1"> <text>Provides a clinical demonstration at a training or an educational event in the State; or</text> </level> <level label="2"> <text>Receives clinical training at a training or an educational event in the State; or</text> </level> </level> <level label="vii"> <text>To an individual authorized to practice audiology, hearing aid dispensing, speech–language pathology, or music therapy, or to assist in the practice of speech–language pathology or audiology in the State under § 10–14A–03 of the State Government Article.</text> </level> </level> <level label="2"> <text>The Board may allow an audiologist, hearing aid dispenser, speech–language pathologist, music therapist, speech–language pathology assistant, or audiology assistant licensed in another state to practice audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assist in the practice of speech–language pathology or audiology in this State without a license if the applicant has:</text> <level label="i"> <text>Been granted preliminary approval by the Board to practice; and</text> </level> <level label="ii"> <text>A completed application for a license pending before the Board.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-302" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>To qualify for a license to practice audiology, an applicant shall be an individual who meets the requirements of this section.</text> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>The applicant shall:</text> <level label="1"> <text>On or before September 30, 2007:</text> <level label="i"> <text>Hold a master’s or doctoral degree in audiology from an accredited educational institution which incorporates the academic course work and the minimum hours of supervised clinical training required by the regulations adopted by the Board; and</text> </level> <level label="ii"> <text>Have completed the period of supervised postgraduate professional practice in audiology as specified by the regulations adopted by the Board;</text> </level> </level> <level label="2"> <text>On or after October 1, 2007, hold a doctoral degree in audiology from an accredited educational institution which incorporates the academic course work and the minimum hours of supervised clinical training required by the regulations adopted by the Board; or</text> </level> <level label="3"> <text>Qualify for a license under § 2–305 of this subtitle.</text> </level> </level> <level label="d"> <text>Except as otherwise provided in this title, the applicant shall:</text> <level label="1"> <text>Pass an examination in audiology required by the regulations adopted by the Board; and</text> </level> <level label="2"> <text>Complete training consistent with the standards established by:</text> <level label="i"> <text>The Accreditation Commission for Audiology Education; or</text> </level> <level label="ii"> <text>The Counsel of Academic Accreditation.</text> </level> </level> </level> <level label="e"> <text>The applicant shall demonstrate oral competency.</text> </level> <level label="f"> <text>The applicant shall submit to a criminal history records check in accordance with § 2–303.1 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-302.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>To qualify for an initial license to practice hearing aid dispensing, an applicant shall be an individual who meets the requirements of this section.</text> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>The applicant shall:</text> <level label="1"> <text>Be a graduate of an accredited 2–year postsecondary program with a diploma or degree; and</text> </level> <level label="2"> <text>Prior to taking the State licensing examination, provide proof of successful completion of the International Hearing Society Curriculum entitled “Distance Learning For Professionals in Hearing Health Sciences” or an equivalent course approved by the Board.</text> </level> </level> <level label="d"> <level label="1"> <text>Except as otherwise provided in this subtitle, the applicant shall pass an examination given by the Board under this subtitle.</text> </level> <level label="2"> <text>Except for an applicant who holds a valid license to provide hearing aid dispenser services in another state, the applicant shall obtain 6 months’ training under the supervision of a licensed hearing aid dispenser or licensed audiologist prior to taking the examination given by the Board.</text> </level> </level> <level label="e"> <text>The applicant shall demonstrate oral competency.</text> </level> <level label="f"> <text>The applicant shall submit to a criminal history records check in accordance with § 2–303.1 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-302.2" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>To qualify for a license to practice speech–language pathology, an applicant shall be an individual who meets the requirements of this section.</text> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>The applicant shall:</text> <level label="1"> <text>Hold a master’s degree in the area of speech–language pathology from an educational institution which incorporates the academic course work and the minimum hours of supervised training required by the regulations adopted by the Board;</text> </level> <level label="2"> <text>Have completed the period of supervised postgraduate professional practice in speech–language pathology as specified by the regulations adopted by the Board;</text> </level> <level label="3"> <text>Except as otherwise provided in this title, pass an examination in speech–language pathology as required by regulations adopted by the Board;</text> </level> <level label="4"> <text>Demonstrate oral competency; and</text> </level> <level label="5"> <text>Submit to a criminal history records check in accordance with § 2–303.1 of this subtitle.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-302.3" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>To qualify for a license to assist in the practice of speech–language pathology, an applicant shall be an individual who meets the requirements of this section.</text> </level> <level label="b"> <text>The applicant shall:</text> <level label="1"> <text>Be of good moral character;</text> </level> <level label="2"> <text>Hold a baccalaureate degree in speech–language pathology or communication sciences and disorders from an accredited institution or other degree as provided for in regulations adopted by the Board;</text> </level> <level label="3"> <text>Have successfully completed the clinical observation hours and supervised clinical assisting experience hours required by the regulations adopted by the Board;</text> </level> <level label="4"> <text>After a period of supervised practice by a licensed speech–language pathologist, have successfully completed a competency skills checklist as provided for in regulations adopted by the Board;</text> </level> <level label="5"> <text>Demonstrate oral competency; and</text> </level> <level label="6"> <text>Submit to a criminal history records check in accordance with § 2–303.1 of this subtitle.</text> </level> </level> <level label="c"> <text>The Board may waive any of the qualifications required under this section as provided for in regulations adopted by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-303" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>To apply for a license, an applicant shall:</text> <level label="1"> <text>Submit an application to the Board on the form that the Board requires;</text> </level> <level label="2"> <text>Pay to the Board the application fee set by the Board; and</text> </level> <level label="3"> <text>Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 2–303.1 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-303.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.</text> </level> <level label="b"> <text>As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:</text> <level label="1"> <text>One complete set of legible fingerprints taken in a manner approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;</text> </level> <level label="2"> <text>The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and</text> </level> <level label="3"> <text>The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.</text> </level> </level> <level label="c"> <text>In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the applicant the criminal history record information of the applicant.</text> </level> <level label="d"> <text>If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.</text> </level> <level label="e"> <text>Information obtained from the Central Repository under this section:</text> <level label="1"> <text>Is confidential;</text> </level> <level label="2"> <text>May not be redisseminated; and</text> </level> <level label="3"> <text>May be used only for the licensing purpose authorized by this title.</text> </level> </level> <level label="f"> <text>The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-304" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.</text> </level> <level label="b"> <level label="1"> <text>For the examination of applicants for a license to practice audiology or speech–language pathology, the Board may adopt appropriate examinations given by a professional body in the field of audiology or the field of speech–language pathology.</text> </level> <level label="2"> <text>An examination shall be in writing and consist of tests that require an applicant to demonstrate the minimum knowledge of services and subject matter related to the practice of audiology or speech–language pathology that will enable the applicant to practice audiology or speech–language pathology effectively.</text> </level> <level label="3"> <text>The Board may supplement any written examination given under this section with an oral examination.</text> </level> </level> <level label="c"> <text>The Board shall notify each qualified applicant of the time and place of examination.</text> </level> <level label="d"> <text>The Board:</text> <level label="1"> <text>Shall determine the subjects, scope, form, and passing scores for examinations given under this subtitle; or</text> </level> <level label="2"> <text>May adopt an examination given by a national body.</text> </level> </level> <level label="e"> <text>The Board may not limit the number of times an applicant may take an examination required under this subtitle.</text> </level> <level label="f"> <level label="1"> <text>An applicant who otherwise qualifies for a license to practice hearing aid dispensing is entitled to be examined as provided in this subsection.</text> </level> <level label="2"> <text>The examination shall consist of a written part and a practical part as required by regulations by the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-305" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>The Board, in its discretion, may waive any of the qualifications required for a license to practice audiology under this title for an individual who:</text> <level label="1"> <text>Is of good moral character;</text> </level> <level label="2"> <text>Pays the application fee required by the Board under § 2–303 of this subtitle; and</text> </level> <level label="3"> <level label="i"> <text>Holds or has held a national certification in audiology from an organization if the organization is recognized by the Board and the qualifications for certification meet the practice requirements established by the regulations adopted by the Board;</text> </level> <level label="ii"> <text>Holds a current license to practice audiology in another state if the Board determines that the state has requirements for licensure that are at least equivalent to the requirements of this State and meet the practice requirements established under regulations adopted by the Board; or</text> </level> <level label="iii"> <text>Holds a current license to practice audiology in this or another state or practices audiology under the authority and supervision of an agency of the federal government or a board, agency, or department of this State or another state if:</text> <level label="1"> <text>The individual holds a master’s degree in audiology from an accredited educational program;</text> </level> <level label="2"> <text>The Board determines that the requirements for practice are at least equivalent to the requirements of this Board; and</text> </level> <level label="3"> <text>The individual meets other requirements established by regulations adopted by the Board that may not include a requirement for a doctoral degree in audiology.</text> </level> </level> </level> </level> <level label="b"> <text>The Board, in its discretion, may waive any of the qualifications required for a license to practice speech–language pathology or to assist in the practice of speech–language pathology under this title for an individual who:</text> <level label="1"> <text>Is of good moral character;</text> </level> <level label="2"> <text>Pays the application fee required by the Board under § 2–303 of this subtitle; and</text> </level> <level label="3"> <level label="i"> <text>Holds or has held a national certification in speech–language pathology or as an assistant of speech–language pathology from an organization if the organization is recognized by the Board and the qualifications for certification meet the practice requirements established by the regulations adopted by the Board; or</text> </level> <level label="ii"> <text>Holds a current license to practice speech–language pathology or to assist in the practice of speech–language pathology in another state that the Board determines has requirements for licensure and practice that are at least equivalent to the requirements established under regulations adopted by the Board.</text> </level> </level> </level> <level label="c"> <text>The Board may waive any examination requirement of this subtitle for an applicant for a license to practice audiology or speech–language pathology who:</text> <level label="1"> <text>Pays the application fee required by the Board under § 2–303 of this subtitle; and</text> </level> <level label="2"> <text>Provides adequate evidence that the applicant:</text> <level label="i"> <text>Meets the qualifications otherwise required by this title; and</text> </level> <level label="ii"> <text>Became licensed in the other state after meeting, in that or any other state, requirements that are at least equivalent to the licensing requirements of this State.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>The Board shall waive the examination requirements of this subtitle for an applicant for a license to practice hearing aid dispensing who is licensed to practice hearing aid dispensing in another state.</text> </level> <level label="2"> <text>The Board may grant a waiver under this subsection only if the applicant:</text> <level label="i"> <text>Pays the application fee required under § 2–303 of this subtitle; and</text> </level> <level label="ii"> <text>Provides adequate evidence that the applicant:</text> <level label="1"> <text>Meets the qualifications otherwise required by this title;</text> </level> <level label="2"> <text>Became licensed in the other state after meeting, in that or any other state, requirements that are at least equivalent to the licensing requirements of this State; and</text> </level> <level label="3"> <text>Meets the practice requirements established by the regulations adopted by the Board.</text> </level> </level> </level> <level label="3"> <text>The Board may grant a waiver under this subsection if an applicant holds current national board certification as a hearing instrument specialist and meets the practice requirements established by regulations adopted by the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-306" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Subject to subsection (b) of this section, the Board shall issue a license to any applicant who:</text> <level label="1"> <text>Meets the requirements of this title;</text> </level> <level label="2"> <text>Pays the license fee set by the Board; and</text> </level> <level label="3"> <text>Submits to the Board satisfactory evidence of having completed a State and national criminal history records check in accordance with § 2–303.1 of this subtitle.</text> </level> </level> <level label="b"> <level label="1"> <text>On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 2–303.1 of this subtitle, in determining whether to grant a license, the Board shall consider:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The nature of the crime;</text> </level> <level label="iii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iv"> <text>The length of time that has passed since the crime;</text> </level> <level label="v"> <text>Subsequent work history;</text> </level> <level label="vi"> <text>Employment and character references; and</text> </level> <level label="vii"> <text>Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>The Board may not issue a license if the criminal history record information required under § 2–303.1 of this subtitle has not been received.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-307" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>A license to practice audiology authorizes the licensee to practice audiology while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="2-307.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>A license to practice hearing aid dispensing authorizes the licensee to practice hearing aid dispensing while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="2-307.2" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>A license to practice speech-language pathology authorizes the licensee to practice speech-language pathology while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="2-307.3" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>A license to assist in the practice of speech–language pathology authorizes the licensee to assist a speech–language pathologist in the practice of speech–language pathology while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="2-307.4" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>A licensee shall identify and represent themselves to the public by:</text> <level label="1"> <text>The profession for which the licensee holds a license;</text> </level> <level label="2"> <text>The degree earned to obtain the license; and</text> </level> <level label="3"> <text>The name on the license.</text> </level> </level> <level label="b"> <text>A licensee shall include the licensee’s license number on work–related documentation, including:</text> <level label="1"> <text>Written client reports; and</text> </level> <level label="2"> <text>If applicable, audiograms.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-308" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Except as provided for a limited license in §§ 2–310 through 2–310.3 of this subtitle, a license expires on the date set by the Board, unless the license is renewed for an additional term as provided in this section.</text> </level> <level label="b"> <text>At least 2 months before the license expires, the Board shall contact the licensee by electronic means or first–class mail at the last known electronic or physical address provided by the licensee and advise the licensee of:</text> <level label="1"> <text>The date on which the current license expires;</text> </level> <level label="2"> <text>The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and</text> </level> <level label="3"> <text>The amount of the renewal fee.</text> </level> </level> <level label="c"> <text>Before the license expires, the licensee periodically may renew it for an additional term, if the licensee:</text> <level label="1"> <text>Otherwise is entitled to be licensed;</text> </level> <level label="2"> <text>Pays to the Board a renewal fee set by the Board; and</text> </level> <level label="3"> <text>Submits to the Board:</text> <level label="i"> <text>A renewal application on the form that the Board requires;</text> </level> <level label="ii"> <text>Evidence of compliance with any continuing education requirement set under this section for license renewal;</text> </level> <level label="iii"> <text>Evidence that each audiometer in use has been calibrated within 12 months before the date the license is renewed; and</text> </level> <level label="iv"> <text>Satisfactory evidence of having completed a State and national criminal history records check in accordance with § 2–303.1 of this subtitle.</text> </level> </level> </level> <level label="d"> <text>In addition to any other qualifications and requirements established by the Board, the Board, by rule or regulation, shall establish continuing education requirements as a condition to the renewal of licenses under this section.</text> </level> <level label="e"> <text>Subject to subsection (g) of this section, the Board shall renew the license of each licensee who meets the requirements of this section.</text> </level> <level label="f"> <text>A licensee has a grace period of 30 days after a license expires in which to renew it retroactively, if the licensee:</text> <level label="1"> <text>Otherwise is entitled to have the license renewed; and</text> </level> <level label="2"> <text>Pays to the Board the renewal fee and any late fee set by the Board.</text> </level> </level> <level label="g"> <level label="1"> <text>On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 2–303.1 of this subtitle, in determining whether to grant a license, the Board shall consider:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The nature of the crime;</text> </level> <level label="iii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iv"> <text>The length of time that has passed since the crime;</text> </level> <level label="v"> <text>Subsequent work history;</text> </level> <level label="vi"> <text>Employment and character references; and</text> </level> <level label="vii"> <text>Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>The Board may not renew a license if the criminal history record information required under § 2–303.1 of this subtitle has not been received.</text> </level> <level label="3"> <text>Unless otherwise required, a renewal applicant who previously has completed the criminal history records check as required for the Board’s application process does not have to submit to a subsequent criminal history records check for license renewal.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-308.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>The Board shall place a licensee on inactive status if the licensee submits to the Board:</text> <level label="i"> <text>An application for inactive status on the form required by the Board; and</text> </level> <level label="ii"> <text>The inactive status fee set by the Board.</text> </level> </level> <level label="2"> <text>The Board may not place a licensee on inactive status for more than 2 years, beginning on the date the Board grants the application for inactive status.</text> </level> </level> <level label="b"> <text>A licensee may renew the inactive status for not more than two consecutive additional terms.</text> </level> <level label="c"> <text>The Board shall provide a licensee who has complied with the requirements of subsection (a) of this section with written notification of:</text> <level label="1"> <text>The date that the licensee’s inactive status becomes effective;</text> </level> <level label="2"> <text>The date that the licensee’s inactive status period expires; and</text> </level> <level label="3"> <text>The consequences of not reactivating the license or, if the inactive status may be renewed, renewing the inactive status before the inactive status period expires.</text> </level> </level> <level label="d"> <text>A licensee on inactive status under subsection (a) of this section may not practice audiology, hearing aid dispensing, or speech–language pathology or assist in the practice of speech–language pathology while the license is on inactive status.</text> </level> <level label="e"> <text>A licensee on inactive status under subsection (a) of this section may reactivate the license at any time during the inactive status period if the licensee:</text> <level label="1"> <text>Pays to the Board the reactivation fee set by the Board; and</text> </level> <level label="2"> <text>Complies with any other requirements set by the Board.</text> </level> </level> <level label="f"> <text>If a licensee fails to renew the inactive status under subsection (b) of this section or reactivate the license under subsection (e) of this section, the license shall be placed on nonrenewed status.</text> </level> <level label="g"> <text>A licensee whose license has been placed on nonrenewed status under subsection (f) of this section may apply to the Board to reinstate the license if the licensee:</text> <level label="1"> <text>Meets the requirements of § 2–305 of this subtitle; or</text> </level> <level label="2"> <text>Meets:</text> <level label="i"> <text>The current requirements for obtaining a new license under this subtitle; and</text> </level> <level label="ii"> <text>The continuing education requirements established by the regulations of the Board.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-309" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>If a licensee fails for any reason to renew a license by the end of the 30–day grace period, the Board shall reinstate the license if the licensee:</text> <level label="1"> <text>Applies to the Board for reinstatement of the license within 5 years after the license expires;</text> </level> <level label="2"> <text>Meets the renewal requirements of § 2–308 of this subtitle; and</text> </level> <level label="3"> <text>Pays to the Board the renewal fee and the reinstatement fee set by the Board.</text> </level> </level> <level label="b"> <text>The Board may not reinstate the license of an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant who fails to apply for reinstatement of the license within 5 years after the license expires, unless the audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant:</text> <level label="1"> <text>Meets the requirements of § 2–305 of this subtitle; or</text> </level> <level label="2"> <text>Meets the current requirements for obtaining a new license under this title including continuing education requirements established by the rules and regulations of the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-310" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Subject to the provisions of this section, the Board shall issue a limited license to practice audiology to an applicant who:</text> <level label="1"> <text>Except for the examination or supervised clinical training, meets the license requirements under § 2–302 of this subtitle;</text> </level> <level label="2"> <text>Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice audiology only under the supervision of an individual described under subsection (b)(2) of this section;</text> </level> <level label="3"> <text>Submits an application to the Board on the form that the Board requires; and</text> </level> <level label="4"> <text>Pays to the Board the application fee set by the Board.</text> </level> </level> <level label="b"> <level label="1"> <text>The purpose of a limited license is to permit an individual to practice audiology while completing the licensing requirements of this title.</text> </level> <level label="2"> <text>While it is effective, a limited license authorizes the licensee to practice audiology under the supervision of:</text> <level label="i"> <text>A fully licensed audiologist; or</text> </level> <level label="ii"> <text>If the individual is employed in a setting in which licensure is not required as provided under § 2–301(b)(1)(i) of this subtitle, an individual who holds national certification in audiology from a professional organization acceptable to the Board as provided in the regulations adopted by the Board.</text> </level> </level> </level> <level label="c"> <text>A limited license expires on the first anniversary of its effective date.</text> </level> <level label="d"> <text>The Board may renew the limited license once for an additional 1–year term, if the holder:</text> <level label="1"> <text>Otherwise meets the requirements of this section;</text> </level> <level label="2"> <text>Submits a renewal application to the Board on the form that the Board requires; and</text> </level> <level label="3"> <text>Pays to the Board a limited license renewal fee set by the Board.</text> </level> </level> <level label="e"> <text>If a limited licensee fails to receive a full license within 2 years after the initial limited license was issued, the individual may not apply for another limited license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-310.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Subject to the provisions of this section, the Board shall issue a limited license to practice hearing aid dispensing to an individual who is waiting to take a licensing examination under this subtitle.</text> </level> <level label="b"> <text>The Board may issue a limited license to practice hearing aid dispensing only to an individual who:</text> <level label="1"> <text>Except for completing the requirements under § 2–302.1(c) of this subtitle, otherwise qualifies for a license;</text> </level> <level label="2"> <text>Submits to the Board an application on the form that the Board provides;</text> </level> <level label="3"> <text>Satisfies the Board that the individual will practice hearing aid dispensing only within the scope allowed under subsection (c) of this section; and</text> </level> <level label="4"> <text>Pays to the Board the application fee set by the Board.</text> </level> </level> <level label="c"> <text>While a limited license to practice hearing aid dispensing is in effect, it authorizes the holder to practice hearing aid dispensing only while being trained under the supervision of a licensed hearing aid dispenser or a licensed audiologist.</text> </level> <level label="d"> <text>A limited license to practice hearing aid dispensing expires on the first anniversary of its effective date.</text> </level> <level label="e"> <text>Subject to the provisions of this subsection, the Board may renew once for an additional 1–year term the limited license to practice hearing aid dispensing to an individual who:</text> <level label="1"> <level label="i"> <text>Takes but fails to pass the examination; or</text> </level> <level label="ii"> <text>Does not take the examination for a reason that the Board finds adequate to excuse the failure to take the examination;</text> </level> </level> <level label="2"> <text>Submits to the Board a renewal application on the form that the Board provides; and</text> </level> <level label="3"> <text>Pays to the Board the renewal fee set by the Board.</text> </level> </level> <level label="f"> <text>The total amount of time during which an individual may practice hearing aid dispensing under a limited license or licenses may not be more than 2 years.</text> </level> <level label="g"> <text>If a limited licensee fails to receive a full license within 2 years after the initial limited license was issued, the individual shall wait a minimum of 1 year before the individual may apply for another license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-310.2" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Subject to the provisions of this section, the Board shall issue a limited license to practice speech–language pathology to an applicant who:</text> <level label="1"> <text>Except for the examination and supervised postgraduate professional practice in speech–language pathology, meets the license requirements under § 2–302.2 of this subtitle;</text> </level> <level label="2"> <text>Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice only under the supervision of an individual described under subsection (b)(2) of this section;</text> </level> <level label="3"> <text>Submits an application to the Board on the form that the Board requires; and</text> </level> <level label="4"> <text>Pays to the Board the application fee set by the Board.</text> </level> </level> <level label="b"> <level label="1"> <text>The purpose of a limited license to practice speech–language pathology is to permit an individual to practice speech–language pathology while completing the licensing requirements of this title.</text> </level> <level label="2"> <text>While it is effective, a limited license to practice speech–language pathology authorizes the licensee to practice speech–language pathology under the supervision of:</text> <level label="i"> <text>A fully licensed speech–language pathologist; or</text> </level> <level label="ii"> <text>If the individual is employed in a setting in which licensure is not required as provided under § 2–301(b)(1)(i) of this subtitle, an individual who holds national certification in speech–language pathology from a professional organization acceptable to the Board as provided for in the regulations adopted by the Board.</text> </level> </level> </level> <level label="c"> <text>A limited license to practice speech–language pathology expires on the first anniversary of its effective date.</text> </level> <level label="d"> <text>The Board may renew the limited license to practice speech–language pathology once for an additional 1–year term, if the holder:</text> <level label="1"> <text>Otherwise meets the requirements of this section;</text> </level> <level label="2"> <text>Submits a renewal application to the Board on the form that the Board requires; and</text> </level> <level label="3"> <text>Pays to the Board a limited license renewal fee set by the Board.</text> </level> </level> <level label="e"> <text>If a limited licensee fails to receive a full license within 2 years after the date the initial limited license was issued, the individual shall wait a minimum of 1 year before the individual may apply for another license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-310.3" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Subject to the provisions of this section, the Board shall issue a limited license to assist in the practice of speech–language pathology to an applicant who:</text> <level label="1"> <text>Except for the clinical observation hours and supervised clinical assisting experience hours requirement, meets the license requirements under § 2–302.3 of this subtitle;</text> </level> <level label="2"> <text>Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice only under the supervision of an individual described under subsection (b)(2) of this section;</text> </level> <level label="3"> <text>Submits an application to the Board on the form that the Board requires; and</text> </level> <level label="4"> <text>Pays to the Board an application fee set by the Board.</text> </level> </level> <level label="b"> <level label="1"> <text>The purpose of a limited license to assist in the practice of speech–language pathology is to permit an individual to practice as a speech–language pathology assistant while completing the licensing requirements of this title.</text> </level> <level label="2"> <text>While it is effective, a limited license to assist in the practice of speech–language pathology authorizes the licensee to assist in the practice of speech–language pathology under the direct supervision of:</text> <level label="i"> <text>A fully licensed speech–language pathologist; or</text> </level> <level label="ii"> <text>If the individual is employed in a setting in which licensure is not required as provided under § 2–301(b)(1)(i) of this subtitle, an individual who holds national certification in speech–language pathology from a professional organization as provided for in the regulations adopted by the Board.</text> </level> </level> </level> <level label="c"> <text>A limited license to assist in the practice of speech–language pathology expires on the first anniversary of its effective date.</text> </level> <level label="d"> <text>The Board may renew a limited license to assist in the practice of speech–language pathology once for an additional 1–year term, if the holder:</text> <level label="1"> <text>Otherwise meets the requirements of this section;</text> </level> <level label="2"> <text>Submits a renewal application to the Board on the form that the Board requires; and</text> </level> <level label="3"> <text>Pays to the Board a limited license renewal fee set by the Board.</text> </level> </level> <level label="e"> <text>If a limited licensee fails to receive a full license within 2 years, the individual shall wait a minimum of 1 year before the individual may apply for another license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-311" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Each licensee shall display the license conspicuously in the office or place of employment of the licensee.</text> </level> <level label="b"> <level label="1"> <text>The Board shall maintain an electronic list of each individual licensed by the Board.</text> </level> <level label="2"> <text>An individual may contact the Board to verify an individual’s license.</text> </level> </level> <level label="c"> <text>If a licensee has more than one place of business, the licensee shall notify the Board of the address the Board may use to send notices and other correspondence.</text> </level> <level label="d"> <text>A licensee shall notify the Board in writing of a change of mailing address, e–mail address, or phone number within 30 days after the change.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-312" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>The Board shall investigate any alleged violation of this title.</text> </level> <level label="2"> <text>The Board may issue subpoenas, administer oaths, and examine witnesses.</text> </level> </level> <level label="b"> <text>The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 2–314 of this subtitle or §§ 2–401 through 2–402.3 of this title.</text> </level> <level label="c"> <level label="1"> <text>An action may be maintained in the name of the State or the Board to enjoin:</text> <level label="i"> <text>Conduct that is a ground for disciplinary action under § 2–314 of this subtitle;</text> </level> <level label="ii"> <text>The unauthorized practice of audiology, hearing aid dispensing, or speech–language pathology; or</text> </level> <level label="iii"> <text>Aiding and abetting in the unauthorized practice of audiology, hearing aid dispensing, or speech–language pathology.</text> </level> </level> <level label="2"> <text>An action under this subsection may be brought by:</text> <level label="i"> <text>The Board, in its own name;</text> </level> <level label="ii"> <text>The Attorney General, in the name of the State; or</text> </level> <level label="iii"> <text>A State’s Attorney, in the name of the State.</text> </level> </level> <level label="3"> <text>An action under this subsection shall be brought in the county where the defendant:</text> <level label="i"> <text>Resides; or</text> </level> <level label="ii"> <text>Engages in the act sought to be enjoined.</text> </level> </level> <level label="4"> <text>Proof of actual damages or that any person is likely to sustain any damage if an injunction is not granted is not required for an action under this subsection.</text> </level> <level label="5"> <text>An action under this subsection is in addition to and not instead of disciplinary action under § 2–314 of this subtitle or criminal prosecution for the unauthorized practice of audiology, hearing aid dispensing, or speech–language pathology under §§ 2–401 through 2–402.3 of this title.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-313" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Unless the Board agrees to accept the surrender of a license or a limited license, a licensee or limited licensee may not surrender the license or limited license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.</text> </level> <level label="b"> <text>The Board may set conditions on its agreement with a licensee or limited licensee under investigation or against whom charges are pending to accept surrender of the license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-314" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>Subject to the hearing provisions of § 2–315 of this subtitle, the Board may deny a license or limited license to any applicant, reprimand any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, or suspend or revoke a license or limited license if the applicant, licensee, or holder:</text> <level label="1"> <text>Fraudulently or deceptively obtains or attempts to obtain a license or limited license for the applicant, licensee, or holder or for another;</text> </level> <level label="2"> <text>Fraudulently or deceptively uses a license or limited license;</text> </level> <level label="3"> <text>Commits fraud or deceit in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology;</text> </level> <level label="4"> <text>Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;</text> </level> <level label="5"> <text>Obtains a fee through fraud or misrepresentation;</text> </level> <level label="6"> <text>Directly or indirectly employs any unlicensed person or any person whose license or limited license has been suspended;</text> </level> <level label="7"> <text>Uses or promotes or causes the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation;</text> </level> <level label="8"> <text>In the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology:</text> <level label="i"> <text>Falsely represents the use or availability of services or advice of a physician; or</text> </level> <level label="ii"> <text>Misrepresents the applicant, licensee, or holder by using the word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate;</text> </level> </level> <level label="9"> <text>Permits another person to use the license of the licensee or limited license of the holder;</text> </level> <level label="10"> <text>Commits any act of unprofessional conduct in the practice of audiology, hearing aid dispensing, or speech–language pathology, or the assistance of the practice of speech–language pathology or audiology;</text> </level> <level label="11"> <text>Violates any lawful order given or regulation adopted by the Board;</text> </level> <level label="12"> <text>Violates any provision of this title;</text> </level> <level label="13"> <text>Provides professional services while:</text> <level label="i"> <text>Under the influence of alcohol; or</text> </level> <level label="ii"> <text>Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;</text> </level> </level> <level label="14"> <text>Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;</text> </level> <level label="15"> <text>Practices audiology, hearing aid dispensing, or speech–language pathology, or assists in the practice of speech–language pathology or audiology with an unauthorized person or supervises or aids an unauthorized person in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology;</text> </level> <level label="16"> <text>Knowingly makes or files a false report or record in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance in the practice of speech–language pathology or audiology;</text> </level> <level label="17"> <text>Knowingly fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;</text> </level> <level label="18"> <text>Submits a false statement to collect a fee;</text> </level> <level label="19"> <text>Is professionally, physically, or mentally incompetent;</text> </level> <level label="20"> <text>Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;</text> </level> <level label="21"> <text>Behaves immorally in the practice of audiology, hearing aid dispensing, or speech–language pathology, or assistance of the practice of speech–language pathology or audiology;</text> </level> <level label="22"> <text>Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;</text> </level> <level label="23"> <text>Pays or agrees to pay any sum to any person for bringing or referring a patient;</text> </level> <level label="24"> <text>Fails to submit to a criminal history records check in accordance with § 2–303.1 of this subtitle; or</text> </level> <level label="25"> <text>Supervises or aids an unauthorized individual in the assistance of audiology.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-314.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>In this section, “medical examination” means a physical examination of the ear of an individual by an otolaryngologist, otologist, or other physician.</text> </level> <level label="b"> <level label="1"> <text>Before an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or hearing aid dispenser shall determine whether the individual has had a medical examination within the 6 months before the hearing aid service is to be provided.</text> </level> <level label="2"> <text>Unless an audiologist or a hearing aid dispenser determines that an individual has had a medical examination within the period set under paragraph (1) of this subsection, the audiologist or hearing aid dispenser:</text> <level label="i"> <text>Shall give the individual a written recommendation that the individual obtain a medical examination; and</text> </level> <level label="ii"> <text>Except as provided in subsection (c) of this section, may not sell a hearing aid to the individual until the individual provides to the audiologist or the hearing aid dispenser satisfactory written evidence that the individual has had a medical examination within the 6 months before the hearing aid is provided.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>An audiologist or a hearing aid dispenser may sell a hearing aid to an individual without complying with the requirements of subsection (b)(2)(ii) of this section only if the services are:</text> <level label="i"> <text>Limited to replacement of a hearing aid; or</text> </level> <level label="ii"> <text>Provided to an individual who:</text> <level label="1"> <text>Is at least 18 years old; and</text> </level> <level label="2"> <text>Before a hearing aid is provided, signs a written waiver of the medical examination that otherwise is required under subsection (b)(2)(ii) of this section.</text> </level> </level> </level> <level label="2"> <text>Each audiologist or hearing aid dispenser shall keep a copy of each signed waiver.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-314.2" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not:</text> <level label="1"> <text>Advertise a particular model, type, or kind of hearing aid for sale while intending:</text> <level label="i"> <level label="1"> <text>Not to allow an individual who responds to the advertisement to buy the hearing aid advertised; or</text> </level> <level label="2"> <text>To dissuade an individual who responds to the advertisement from buying the hearing aid advertised; and</text> </level> </level> <level label="ii"> <text>To obtain for a prospective buyer a model, type, or kind of hearing aid that differs from that advertised; or</text> </level> </level> <level label="2"> <text>Falsely represent the use or availability of services or advice of a physician for providing hearing aid services.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-314.3" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>While practicing hearing aid dispensing, a hearing aid dispenser may not misrepresent the place of business of the person by use of the word “clinic” or any similar word, abbreviation, or symbol to indicate falsely that a medical service is provided at that place.</text> </section> <section article="gho" article_name="Health Occupations" number="2-314.4" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>A person may not practice hearing aid dispensing under a false name.</text> </section> <section article="gho" article_name="Health Occupations" number="2-314.5" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not directly or indirectly give or offer to give anything of value to another person who provides professional services to clients, if the thing of value is given to induce the person receiving the thing of value to:</text> <level label="1"> <text>Buy a product or service from the person giving the thing of value;</text> </level> <level label="2"> <text>Refrain from buying a product or service of a competitor of the person giving the thing of value; or</text> </level> <level label="3"> <text>Influence another to:</text> <level label="i"> <text>Buy a product or service from the person giving the thing of value; or</text> </level> <level label="ii"> <text>Refrain from buying a product or service of a competitor of the person giving the thing of value.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-314.6" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Subject to subsection (b) of this section, a person may not sell or attempt to sell a hearing aid to any person by door–to–door solicitation.</text> </level> <level label="b"> <text>Subsection (a) of this section does not apply to a solicitation that is made:</text> <level label="1"> <text>At the request of the solicited individual; or</text> </level> <level label="2"> <text>In response to an inquiry from the solicited individual.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-314.7" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>While practicing audiology or hearing aid dispensing, a person may not engage in an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article.</text> </section> <section article="gho" article_name="Health Occupations" number="2-314.8" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <text>Each time an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or the hearing aid dispenser shall give the individual a receipt that includes:</text> <level label="1"> <text>The name and address of the regular place of business of the audiologist or the hearing aid dispenser;</text> </level> <level label="2"> <text>The license number of the audiologist or the hearing aid dispenser;</text> </level> <level label="3"> <text>The make, model, and serial number of the hearing aid provided;</text> </level> <level label="4"> <text>If the hearing aid is used or reconditioned, a statement that indicates that the hearing aid is used or reconditioned;</text> </level> <level label="5"> <text>The amount charged for the hearing aid;</text> </level> <level label="6"> <text>The total refundable amount of the hearing aid if it is returned within 30 days as provided in the Hearing Aid Sales Act, Title 14, Subtitle 25 of the Commercial Law Article; and</text> </level> <level label="7"> <text>The signature of the audiologist or the hearing aid dispenser.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-314.9" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>If after a hearing under § 2–315 of this subtitle, the Board finds that there are grounds under § 2–314 of this subtitle to suspend or revoke a license or to reprimand a licensee or place a licensee on probation, the Board may impose a penalty not exceeding $5,000 in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.</text> </level> <level label="b"> <text>The Board shall adopt regulations to set standards for the imposition of penalties under this section.</text> </level> <level label="c"> <text>The Board shall pay any penalty collected under this section into the General Fund of the State.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-315" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2–314 of this subtitle or denies a license or a limited license for any other reason, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.</text> </level> <level label="b"> <text>The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.</text> </level> <level label="c"> <text>Any notice given under this section shall be sent by first–class mail to the last known address given to the Board by the individual.</text> </level> <level label="d"> <text>If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.</text> </level> <level label="e"> <text>Over the signature of an officer or the administrator of the Board, the Board may issue a subpoena or administer an oath in connection with an investigation, hearing, or proceeding by the Board.</text> </level> <level label="f"> <text>If, after a hearing, a licensee is found in violation of this title, the licensee shall pay costs of the hearing as specified in regulations adopted by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-316" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>Except as provided in this section for an action under § 2–314 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.</text> </level> <level label="b"> <text>Any person aggrieved by a final decision of the Board under § 2–314 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.</text> </level> <level label="c"> <text>An order of the Board may not be stayed pending review.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-317" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>If the license of an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant is suspended or revoked under § 2–314 of this subtitle, and it is not reinstated by the Board within 5 years, the Board may not reinstate it.</text> </level> <level label="b"> <text>If a license may not be reinstated under subsection (a) of this section, an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant may apply for a new license by meeting the current licensing requirements for obtaining a new license under this title and any additional requirements determined by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-318" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <text>In this section, “rehabilitation committee” means a committee that:</text> <level label="1"> <text>Is defined in subsection (b) of this section; and</text> </level> <level label="2"> <text>Performs any of the functions listed in subsection (d) of this section.</text> </level> </level> <level label="b"> <text>For purposes of this section, a rehabilitation committee is a committee of the Board or a committee of a professional association approved by the Board that:</text> <level label="1"> <text>Is recognized by the Board; and</text> </level> <level label="2"> <text>Includes but is not limited to audiologists, hearing aid dispensers, speech–language pathologists, and speech–language pathology assistants.</text> </level> </level> <level label="c"> <text>A rehabilitation committee of the Board or recognized by the Board may function:</text> <level label="1"> <text>Solely for the Board; or</text> </level> <level label="2"> <text>Jointly with a rehabilitation committee representing another board or boards.</text> </level> </level> <level label="d"> <text>For purposes of this section, a rehabilitation committee evaluates and provides assistance to any audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.</text> </level> <level label="e"> <level label="1"> <text>Except as otherwise provided in this subsection, the proceedings, records, and files of the rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the rehabilitation committee.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection does not apply to any record or document that is considered by the rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.</text> </level> <level label="3"> <text>For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.</text> </level> </level> <level label="f"> <text>A person who acts in good faith and within the scope of jurisdiction of the rehabilitation committee is not civilly liable for any action as a member of the rehabilitation committee or for giving information to, participating in, or contributing to the function of the rehabilitation committee.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-319" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3"> <level label="a"> <level label="1"> <text>A licensed speech–language pathologist may delegate duties to an assistant within the scope of practice and supervision guidelines in the regulations adopted under paragraph (2) of this subsection.</text> </level> </level> <level label="2"> <text>The Board shall adopt regulations to establish qualifications and scope of practice for the position of a speech–language pathology assistant and the requirements for the supervision of a speech–language pathology assistant by a supervisor of a speech–language pathology assistant.</text> </level> <level label="b"> <level label="1"> <text>A licensed audiologist may delegate duties to an assistant within the scope of practice and supervision guidelines in the regulations adopted under paragraph (2) of this subsection.</text> </level> <level label="2"> <text>The Board shall adopt regulations to establish qualifications and scope of practice for the position of an audiology assistant and the requirements for the supervision of an audiology assistant by a supervisor of an audiology assistant.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-3A-01" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3A" subtitle_name="Licensing of Audiology Assistants"> <text>The Audiology and Speech–Language Pathology Interstate Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows: </text> <text>SECTION 1. PURPOSE </text> <text>The purpose of this Compact is to facilitate interstate practice of audiology and speech–language pathology with the goal of improving public access to audiology and speech–language pathology services. The practice of audiology and speech–language pathology occurs in the state where the patient is located at the time of the patient encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This Compact is designed to achieve the following objectives: </text> <level label="1"> <text>Increase public access to audiology and speech–language pathology services by providing for the mutual recognition of other member state licenses;</text> </level> <level label="2"> <text>Enhance the ability of states to protect the public’s health and safety;</text> </level> <level label="3"> <text>Encourage the cooperation of member states in regulating multistate audiology and speech–language pathology practice;</text> </level> <level label="4"> <text>Support spouses of relocating active duty military personnel;</text> </level> <level label="5"> <text>Enhance the exchange of licensure, investigative, and disciplinary information among member states;</text> </level> <level label="6"> <text>Allow a remote state to hold a provider of services with a Compact privilege in that state accountable to the practice standards of that state; and</text> </level> <level label="7"> <text>Allow for the use of telehealth technology to facilitate increased access to audiology and speech–language pathology services.</text> <text>SECTION 2. DEFINITIONS </text> <text>As used in this Compact, and except as otherwise provided, the following definitions shall apply: </text> </level> <level label="a"> <text>“Active duty military” means full–time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders in accordance with 10 U.S.C. §§ 1209 and 1211.</text> </level> <level label="b"> <text>“Adverse action” means any administrative, civil, equitable, or criminal action authorized by a state’s laws that is imposed by a licensing board or other authority against an audiologist or a speech–language pathologist, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s practice.</text> </level> <level label="c"> <text>“Alternative program” means a nondisciplinary monitoring process approved by an audiology or speech–language pathology licensing board to address impaired practitioners.</text> </level> <level label="d"> <text>“Audiologist” means an individual who is licensed by a state to practice audiology.</text> </level> <level label="e"> <text>“Audiology” means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules.</text> </level> <level label="f"> <text>“Audiology and Speech–Language Pathology Compact Commission” or “Commission” means the national administrative body established under Section 8 whose membership consists of all states that have enacted the Compact.</text> </level> <level label="g"> <text>“Audiology or speech–language pathology licensing board”, “audiology licensing board”, “speech–language pathology licensing board”, or “licensing board” means the agency of a state that is responsible for the licensing and regulation of audiologists or speech–language pathologists.</text> </level> <level label="h"> <text>“Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or a speech–language pathologist in the remote state under its laws and rules. The practice of audiology or speech–language pathology occurs in the member state where the patient is located at the time of the patient encounter.</text> </level> <level label="i"> <text>“Current significant investigative information” means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech–language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.</text> </level> <level label="j"> <text>“Data system” means a repository of information about licensees established under Section 9, including, but not limited to, continuing education, examination, licensure, investigative, Compact privilege, and adverse action.</text> </level> <level label="k"> <text>“Encumbered license” means a license in which an adverse action restricts the practice of audiology or speech–language pathology by the licensee and said adverse action has been reported to the National Practitioners Data Bank.</text> </level> <level label="l"> <text>“Executive Committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.</text> </level> <level label="m"> <text>“Home state” means the member state that is the licensee’s primary state of residence.</text> </level> <level label="n"> <text>“Impaired practitioner” means an individual whose professional practice is adversely affected by substance abuse, addiction, or other health–related conditions.</text> </level> <level label="o"> <text>“Licensee” means an individual who currently holds an authorization from a state licensing board to practice as an audiologist or a speech–language pathologist.</text> </level> <level label="p"> <text>“Member state” means a state that has enacted the Compact.</text> </level> <level label="q"> <text>“Privilege to practice” means a legal authorization authorizing the practice of audiology or speech–language pathology in a remote state.</text> </level> <level label="r"> <text>“Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the Compact privilege.</text> </level> <level label="s"> <text>“Rule” means a regulation, principle, or directive adopted by the Commission that has the force of law.</text> </level> <level label="t"> <text>“Single–state license” means an audiology or speech–language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.</text> </level> <level label="u"> <text>“Speech–language pathologist” means an individual who is licensed by a state to practice speech–language pathology.</text> </level> <level label="v"> <text>“Speech–language pathology” means the care and services provided by a licensed speech–language pathologist as set forth in the member state’s statutes and rules.</text> </level> <level label="w"> <text>“State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech–language pathology.</text> </level> <level label="x"> <text>“State practice laws” means the laws, rules, and regulations of a member state that govern the practice of audiology or speech–language pathology, define the scope of audiology or speech–language pathology practice, and create the methods and grounds for imposing discipline.</text> </level> <level label="y"> <text>“Telehealth” means the application of telecommunication, audio–visual, or other information technologies that meets the applicable standard of care to deliver audiology or speech–language pathology services or information at a distance for assessment, intervention, or consultation.</text> <text>SECTION 3. STATE PARTICIPATION IN THE COMPACT </text> </level> <level label="a"> <text>A license issued to an audiologist or a speech–language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or a speech–language pathologist to practice audiology or speech–language pathology, under a privilege to practice, in each member state where the licensee obtains such a privilege.</text> </level> <level label="b"> <level label="1"> <text>A state must implement or use procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records.</text> </level> <level label="2"> <text>A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions.</text> </level> <level label="3"> <text>Communication between a member state and the Commission, and among member states regarding the verification of eligibility for licensure through the Compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92–544.</text> </level> </level> <level label="c"> <text>On application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, and whether any adverse action has been taken against any license or privilege to practice held by the applicant.</text> </level> <level label="d"> <text>Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws.</text> </level> <level label="e"> <text>An audiologist must:</text> <level label="1"> <text>Meet one of the following educational requirements:</text> <level label="i"> <text>On or before December 31, 2007, have graduated with a master’s degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board;</text> </level> <level label="ii"> <text>On or after January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the Council for Higher Education Accreditation, or its successor, or by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a state licensing board; or</text> </level> <level label="iii"> <text>Have graduated from an audiology program that is housed in an institution of higher education outside the United States:</text> <level label="1"> <text>For which the program and institution have been approved by the authorized accrediting body in the applicable country; and</text> </level> <level label="2"> <text>Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board–approved program;</text> </level> </level> </level> <level label="2"> <text>Have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the Commission;</text> </level> <level label="3"> <text>Have successfully passed a national examination approved by the Commission;</text> </level> <level label="4"> <text>Hold an active, unencumbered license;</text> </level> <level label="5"> <text>Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of audiology, under applicable state or federal criminal law; and</text> </level> <level label="6"> <text>Have a valid United States Social Security or National Practitioner Identification number.</text> </level> </level> <level label="f"> <text>A speech–language pathologist must:</text> <level label="1"> <text>Meet one of the following educational requirements:</text> <level label="i"> <text>Have graduated with a master’s degree from a speech–language pathology program that is accredited by an organization recognized by the United States Department of Education and operated by a college or university accredited by a regional or national accrediting organization recognized by a licensing board; or</text> </level> <level label="ii"> <text>Have graduated from a speech–language pathology program that is housed in an institution of higher education outside the United States:</text> <level label="1"> <text>For which the program and institution have been approved by the authorized accrediting body in the applicable country; and</text> </level> <level label="2"> <text>Whose degree program has been verified by an independent credentials review agency to be comparable to a state licensing board–approved program;</text> </level> </level> </level> <level label="2"> <text>Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the Commission;</text> </level> <level label="3"> <text>Have completed a supervised postgraduate professional experience as required by the Commission;</text> </level> <level label="4"> <text>Have successfully passed a national examination approved by the Commission;</text> </level> <level label="5"> <text>Hold an active, unencumbered license;</text> </level> <level label="6"> <text>Have not been convicted or found guilty of, and have not entered into an agreed disposition regarding, a felony related to the practice of speech–language pathology, under applicable state or federal criminal law; and</text> </level> <level label="7"> <text>Have a valid United States Social Security or National Practitioner Identification number.</text> </level> </level> <level label="g"> <text>The privilege to practice is derived from the home state license.</text> </level> <level label="h"> <text>An audiologist or a speech–language pathologist practicing in a member state must comply with the state practice laws of the state in which the patient is located at the time service is provided. The practice of audiology and speech–language pathology shall include all audiology and speech–language pathology practice as defined by the state practice laws of the member state in which the patient is located. The practice of audiology and speech–language pathology in a member state under a privilege to practice shall subject an audiologist or a speech–language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the patient is located at the time service is provided.</text> </level> <level label="i"> <text>Individuals not residing in a member state shall continue to be able to apply for a member state’s single–state license as provided under the laws of each member state. However, the single–state license granted to these individuals may not be recognized as granting the privilege to practice audiology or speech–language pathology in any other member state. Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single–state license.</text> </level> <level label="j"> <text>Member states may charge a fee for granting a Compact privilege.</text> </level> <level label="k"> <text>Member states must comply with the bylaws and rules and regulations of the Commission.</text> <text>SECTION 4. COMPACT PRIVILEGE </text> </level> <level label="a"> <text>To exercise the Compact privilege under the terms and provisions of the Compact, the audiologist or speech–language pathologist shall:</text> <level label="1"> <text>Hold an active license in the home state;</text> </level> <level label="2"> <text>Have no encumbrance on any state license;</text> </level> <level label="3"> <text>Be eligible for a Compact privilege in any member state in accordance with Section 3;</text> </level> <level label="4"> <text>Have not had any adverse action against any license or Compact privilege within the previous 2 years from date of application;</text> </level> <level label="5"> <text>Notify the Commission that the licensee is seeking the Compact privilege within a remote state;</text> </level> <level label="6"> <text>Pay any applicable fees, including any state fee, for the Compact privilege; and</text> </level> <level label="7"> <text>Report to the Commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.</text> </level> </level> <level label="b"> <text>For the purposes of the Compact privilege, an audiologist or a speech–language pathologist may hold only one home state license at a time.</text> </level> <level label="c"> <text>Except as provided in Section 6, if an audiologist or a speech–language pathologist changes primary state of residence by moving between two member states, the audiologist or speech–language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the Commission.</text> </level> <level label="d"> <text>The audiologist or speech–language pathologist may apply for licensure in advance of a change in primary state of residence.</text> </level> <level label="e"> <text>A license may not be issued by the new home state until the audiologist or speech–language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.</text> </level> <level label="f"> <text>If an audiologist or a speech–language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single–state license, valid only in the former home state, and the Compact privilege in any member state is deactivated in accordance with rules adopted by the Commission.</text> </level> <level label="g"> <text>The Compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (a) of this section to maintain the Compact privilege in the remote state.</text> </level> <level label="h"> <text>A licensee providing audiology or speech–language pathology services in a remote state under the Compact privilege shall function within the laws and regulations of the remote state.</text> </level> <level label="i"> <text>A licensee providing audiology or speech–language pathology services in a remote state is subject to the regulatory authority of that state. A remote state may, in accordance with due process and the laws of that state, remove a licensee’s Compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens.</text> </level> <level label="j"> <text>If a home state license is encumbered, the licensee shall lose the Compact privilege in any remote state until the following occur:</text> <level label="1"> <text>The home state license is no longer encumbered; and</text> </level> <level label="2"> <text>2 years have elapsed from the date of the adverse action.</text> </level> </level> <level label="k"> <text>Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (a) of this section to obtain a Compact privilege in any remote state.</text> </level> <level label="l"> <text>Once the requirements of subsection (j) of this section have been met, the licensee must meet the requirements in subsection (a) of this section to obtain a Compact privilege in a remote state.</text> <text>SECTION 5. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH </text> </level> <level label="a"> <text>Member states shall recognize the right of an audiologist or a speech–language pathologist, licensed by a home state in accordance with Section 3 and under rules promulgated by the Commission, to practice audiology or speech–language pathology in any member state via telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.</text> </level> <level label="b"> <text>A licensee providing audiology or speech–language pathology services in a remote state under the Compact privilege shall function within the laws and regulations of the remote state.</text> <text>SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES </text> <text>Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall change the home state of the individual only through application for licensure in the new state. </text> <text>SECTION 7. ADVERSE ACTIONS </text> </level> <level label="a"> <level label="1"> <text>In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:</text> <level label="i"> <text>Take adverse action against an audiologist’s or a speech–language pathologist’s privilege to practice within that member state; and</text> </level> <level label="ii"> <text>Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence.</text> </level> </level> <level label="2"> <text>Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.</text> </level> <level label="3"> <text>Only the home state shall have the power to take adverse action against an audiologist’s or a speech–language pathologist’s license issued by the home state.</text> </level> </level> <level label="b"> <text>For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.</text> </level> <level label="c"> <text>The home state shall complete any pending investigations of an audiologist or a speech–language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.</text> </level> <level label="d"> <text>If otherwise authorized by state law, the member state may recover from the affected audiologist or speech–language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech–language pathologist.</text> </level> <level label="e"> <text>The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.</text> </level> <level label="f"> <level label="1"> <text>In addition to the authority granted to a member state by its respective audiology or speech–language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.</text> </level> <level label="2"> <text>Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.</text> </level> </level> <level label="g"> <text>If adverse action is taken by the home state against an audiologist’s or a speech–language pathologist’s license, the audiologist’s or speech–language pathologist’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist’s or a speech–language pathologist’s license shall include a statement that the audiologist’s or speech–language pathologist’s privilege to practice is deactivated in all member states during the pendency of the order.</text> </level> <level label="h"> <text>If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state, and any remote state in which the licensee has a privilege to practice, of any adverse actions by the home state or remote states.</text> </level> <level label="i"> <text>Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.</text> <text>SECTION 8. ESTABLISHMENT OF THE AUDIOLOGY AND SPEECH–LANGUAGE PATHOLOGY COMPACT COMMISSION </text> </level> <level label="a"> <level label="1"> <text>The Compact member states hereby create and establish a joint public agency known as the Audiology and Speech–Language Pathology Compact Commission.</text> </level> <level label="2"> <text>The Commission is an instrumentality of the Compact states.</text> </level> <level label="3"> <text>Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.</text> </level> <level label="4"> <text>Nothing in this Compact shall be construed to be a waiver of sovereign immunity.</text> </level> </level> <level label="b"> <level label="1"> <text>Each member state shall have two delegates selected by the licensing board of that member state. The delegates shall be current members of the licensing board. One shall be an audiologist and one shall be a speech–language pathologist.</text> </level> <level label="2"> <text>An additional five delegates, who are either public members or board administrators from state licensing boards, shall be chosen by the Executive Committee from a pool of nominees provided by the Commission at large.</text> </level> <level label="3"> <text>Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.</text> </level> <level label="4"> <text>The member state board shall fill any vacancy occurring on the Commission within 90 days.</text> </level> <level label="5"> <text>Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.</text> </level> <level label="6"> <text>A delegate shall vote in person or by other means as provided in the bylaws. The bylaws may provide for the participation of the delegates in meetings by telephone or other means of communication.</text> </level> <level label="7"> <text>The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.</text> </level> </level> <level label="c"> <text>The Commission shall have the following powers and duties:</text> <level label="1"> <text>Establish the fiscal year of the Commission;</text> </level> <level label="2"> <text>Establish bylaws;</text> </level> <level label="3"> <text>Establish a Code of Ethics;</text> </level> <level label="4"> <text>Maintain its financial records in accordance with the bylaws;</text> </level> <level label="5"> <text>Meet and take actions as are consistent with the provisions of this Compact and the bylaws;</text> </level> <level label="6"> <text>Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact that shall have the force and effect of law and shall be binding in all member states to the extent and manner provided for in this Compact;</text> </level> <level label="7"> <text>Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state audiology or speech–language pathology licensing board to sue or be sued under applicable law shall not be affected;</text> </level> <level label="8"> <text>Purchase and maintain insurance and bonds;</text> </level> <level label="9"> <text>Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;</text> </level> <level label="10"> <text>Hire employees, elect or appoint officers, fix compensation, define duties, grant individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;</text> </level> <level label="11"> <text>Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same, provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;</text> </level> <level label="12"> <text>Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use any property, real, personal, or mixed, provided that at all times the Commission shall avoid any appearance of impropriety;</text> </level> <level label="13"> <text>Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;</text> </level> <level label="14"> <text>Establish a budget and make expenditures;</text> </level> <level label="15"> <text>Borrow money;</text> </level> <level label="16"> <text>Appoint committees, including standing committees composed of members and other interested persons as may be designated in this Compact and the bylaws;</text> </level> <level label="17"> <text>Provide and receive information from, and cooperate with, law enforcement agencies;</text> </level> <level label="18"> <text>Establish and elect an Executive Committee; and</text> </level> <level label="19"> <text>Perform other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with state regulation of audiology and speech–language pathology licensure and practice.</text> </level> </level> <level label="d"> <text>The Commission has no authority to change or modify the laws of the member states which define the practice of audiology or speech–language pathology in the respective states.</text> </level> <level label="e"> <level label="1"> <text>The Executive Committee shall have the power to act on behalf of the Commission, within the powers of the Commission, according to the terms of this Compact.</text> </level> <level label="2"> <text>The Executive Committee shall be composed of the following members:</text> <level label="i"> <text>Seven voting members who are elected by the Commission from the current membership of the Commission;</text> </level> <level label="ii"> <text>Two ex officio members, consisting of one nonvoting member from a recognized national audiology professional association and one nonvoting member from a recognized national speech–language pathology association; and</text> </level> <level label="iii"> <text>One ex officio, nonvoting member from the recognized membership organization of the audiology or speech–language pathology licensing boards.</text> </level> </level> <level label="3"> <text>The ex officio members shall be selected by their respective organizations.</text> </level> </level> <level label="f"> <level label="1"> <text>The Commission may remove any member of the Executive Committee as provided in the bylaws.</text> </level> <level label="2"> <text>The Executive Committee shall meet at least annually.</text> </level> <level label="3"> <text>The Executive Committee shall have the following duties and responsibilities:</text> <level label="i"> <text>Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states, such as annual dues, and any Commission Compact fee charged to licensees for the Compact privilege;</text> </level> <level label="ii"> <text>Ensure Compact administration services are appropriately provided, contractual or otherwise;</text> </level> <level label="iii"> <text>Prepare and recommend the budget;</text> </level> <level label="iv"> <text>Maintain financial records on behalf of the Commission;</text> </level> <level label="v"> <text>Monitor Compact compliance of member states and provide compliance reports to the Commission;</text> </level> <level label="vi"> <text>Establish additional committees as necessary; and</text> </level> <level label="vii"> <text>Other duties as provided in rules or bylaws.</text> </level> </level> <level label="4"> <text>All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 10.</text> </level> <level label="5"> <text>The Commission, the Executive Committee, or other committees of the Commission may convene in a closed, nonpublic meeting if the Commission or Executive Committee or other committees of the Commission must discuss:</text> <level label="i"> <text>Noncompliance of a member state with its obligations under the Compact;</text> </level> <level label="ii"> <text>The employment, compensation, discipline or other matters, practices or procedures related to specific employees, or other matters related to the Commission’s internal personnel practices and procedures;</text> </level> <level label="iii"> <text>Current, threatened, or reasonably anticipated litigation;</text> </level> <level label="iv"> <text>Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;</text> </level> <level label="v"> <text>Accusing any person of a crime or formally censuring any person;</text> </level> <level label="vi"> <text>Disclosure of trade secrets or commercial or financial information that is privileged or confidential;</text> </level> <level label="vii"> <text>Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;</text> </level> <level label="viii"> <text>Disclosure of investigative records compiled for law enforcement purposes;</text> </level> <level label="ix"> <text>Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or</text> </level> <level label="x"> <text>Matters specifically exempted from disclosure by federal or member state statute.</text> </level> </level> <level label="6"> <text>If a meeting, or portion of a meeting, is closed in accordance with this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.</text> </level> <level label="7"> <text>The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction. All minutes and documents of meetings other than a closed meeting shall be made available to members of the public upon request at the requesting person’s expense.</text> </level> <level label="8"> <level label="i"> <text>The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.</text> </level> <level label="ii"> <text>The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.</text> </level> <level label="iii"> <text>The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based on a formula to be determined by the Commission, which shall promulgate a rule binding on all member states.</text> </level> </level> <level label="9"> <text>The Commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.</text> </level> <level label="10"> <text>The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.</text> </level> </level> <level label="g"> <level label="1"> <text>The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing in this paragraph shall be construed to protect any person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.</text> </level> <level label="2"> <text>The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.</text> </level> <level label="3"> <text>The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.</text> <text>SECTION 9. DATA SYSTEM </text> </level> </level> <level label="a"> <text>The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.</text> </level> <level label="b"> <text>Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:</text> <level label="1"> <text>Identifying information;</text> </level> <level label="2"> <text>Licensure data;</text> </level> <level label="3"> <text>Adverse actions against a license or Compact privilege;</text> </level> <level label="4"> <text>Nonconfidential information related to alternative program participation;</text> </level> <level label="5"> <text>Any denial of application for licensure, and the reason for the denial; and</text> </level> <level label="6"> <text>Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.</text> </level> </level> <level label="c"> <text>Investigative information pertaining to a licensee in any member state may be available only to other member states.</text> </level> <level label="d"> <text>The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state shall be available to any other member state.</text> </level> <level label="e"> <text>Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.</text> </level> <level label="f"> <text>Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.</text> <text>SECTION 10. RULEMAKING </text> </level> <level label="a"> <text>The Commission shall exercise its rulemaking powers in accordance with the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.</text> </level> <level label="b"> <text>If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years after the date of adoption of the rule, the rule shall have no further force and effect in any member state.</text> </level> <level label="c"> <text>Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.</text> </level> <level label="d"> <text>Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 30 days in advance of the meeting at which the rule shall be considered and voted on, the Commission shall file a Notice of Proposed Rulemaking:</text> <level label="1"> <text>On the website of the Commission or other publicly accessible platform; and</text> </level> <level label="2"> <text>On the website of each member state audiology or speech–language pathology licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.</text> </level> </level> <level label="e"> <text>The Notice of Proposed Rulemaking shall include:</text> <level label="1"> <text>The proposed time, date, and location of the meeting during which the rule shall be considered and voted on;</text> </level> <level label="2"> <text>The text of the proposed rule or amendment and the reason for the proposed rule;</text> </level> <level label="3"> <text>A request for comments on the proposed rule from any interested person; and</text> </level> <level label="4"> <text>The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.</text> </level> </level> <level label="f"> <text>Prior to the adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.</text> </level> <level label="g"> <text>The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:</text> <level label="1"> <text>At least 25 persons;</text> </level> <level label="2"> <text>A state or federal governmental subdivision or agency; or</text> </level> <level label="3"> <text>An association having at least 25 members.</text> </level> </level> <level label="h"> <level label="1"> <text>If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for accessing the electronic hearing.</text> </level> <level label="2"> <text>All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.</text> </level> <level label="3"> <text>Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.</text> </level> <level label="4"> <text>All hearings shall be recorded. A copy of the recording shall be made available to any person on request and at the requesting person’s expense.</text> </level> <level label="5"> <text>Nothing in this subsection shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this subsection.</text> </level> </level> <level label="i"> <text>Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.</text> </level> <level label="j"> <text>If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.</text> </level> <level label="k"> <text>The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.</text> </level> <level label="l"> <text>On determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:</text> <level label="1"> <text>Meet an imminent threat to public health, safety, or welfare;</text> </level> <level label="2"> <text>Prevent a loss of Commission or member state funds; or</text> </level> <level label="3"> <text>Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule.</text> </level> </level> <level label="m"> <text>The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision shall take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.</text> <text>SECTION 11. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT </text> </level> <level label="a"> <level label="1"> <text>On request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and nonmember states.</text> </level> <level label="2"> <text>The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.</text> </level> </level> <level label="b"> <level label="1"> <text>The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.</text> </level> <level label="2"> <text>By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of litigation, including reasonable attorney’s fees.</text> </level> <level label="3"> <text>The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.</text> <text>SECTION 12. DATE OF IMPLEMENTATION OF THE AUDIOLOGY AND SPEECH–LANGUAGE PATHOLOGY INTERSTATE COMPACT AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT </text> </level> </level> <level label="a"> <text>The Compact shall come into effect on the date on which the Compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.</text> </level> <level label="b"> <text>Any state that joins the Compact subsequent to the initial adoption of the rules by the Commission shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.</text> </level> <level label="c"> <level label="1"> <text>Any member state may withdraw from this Compact by enacting a statute repealing the same.</text> </level> <level label="2"> <text>A member state’s withdrawal shall not take effect until 6 months after enactment of the repealing statute.</text> </level> <level label="3"> <text>Withdrawal shall not affect the continuing requirement of the withdrawing state’s audiology or speech–language pathology licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.</text> </level> </level> <level label="d"> <text>Nothing contained in this Compact shall be construed to invalidate or prevent any audiology or speech–language pathology licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this Compact.</text> </level> <level label="e"> <text>This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding on any member state until it is enacted into the laws of all member states.</text> <text>SECTION 13. CONSTRUCTION AND SEVERABILITY </text> <text>This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. </text> <text>SECTION 14. BINDING EFFECT OF COMPACT AND OTHER LAWS </text> </level> <level label="a"> <text>Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.</text> </level> <level label="b"> <text>All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.</text> </level> <level label="c"> <text>All lawful actions of the Commission, including all rules and bylaws promulgated by the Commission, are binding on the member states.</text> </level> <level label="d"> <text>All agreements between the Commission and the member states are binding in accordance with their terms.</text> </level> <level label="e"> <text>In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-3B-01" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3B"> <level label="a"> <text>Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may assist a licensed audiologist in the practice of audiology in this State.</text> </level> <level label="b"> <text>The Board may allow an audiology assistant licensed in another state to assist in the practice of audiology in this State without a license if the audiology assistant has a completed application for a license pending before the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-3B-02" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3B"> <level label="a"> <text>To qualify for a license to assist in the practice of audiology, an applicant must be an individual who meets the requirements of this section.</text> </level> <level label="b"> <text>The applicant must:</text> <level label="1"> <text>Be of good moral character;</text> </level> <level label="2"> <text>Hold a high school diploma or equivalent degree;</text> </level> <level label="3"> <text>Demonstrate oral competency;</text> </level> <level label="4"> <text>Submit to a criminal history records check in accordance with § 2–303.1 of this title;</text> </level> <level label="5"> <text>Submit an application to the Board on the form that the Board requires; and</text> </level> <level label="6"> <text>Pay to the Board the application fee set by the Board.</text> </level> </level> <level label="c"> <text>The Board may waive any of the requirements under this section as provided for in regulations adopted by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-3B-03" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3B"> <level label="a"> <text>The Board shall issue a license to any applicant who meets the requirements of this subtitle and any regulations adopted by the Board to carry out this subtitle.</text> </level> <level label="b"> <text>The Board may not adopt regulations to establish qualifications of applicants that are more stringent than the qualifications established under this title for applicants for a license to practice audiology.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-3B-04" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3B"> <text>A license to assist in the practice of audiology authorizes the licensed individual to assist a licensed audiologist in the practice of audiology while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="2-3B-05" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3B"> <text>The Board shall determine through regulations the term of a license and any renewal or reinstatement requirements.</text> </section> <section article="gho" article_name="Health Occupations" number="2-3B-06" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3B"> <level label="a"> <text>A licensed audiology assistant shall assist the practice of audiology under the general supervision of a licensed audiologist.</text> </level> <level label="b"> <text>A licensed audiologist may provide general supervision for not more than two licensed audiology assistants at any time.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-3B-07" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="3B"> <text>A licensed audiology assistant or an applicant to be a licensed audiology assistant shall be subject to the provisions in §§ 2–314.1, 2–314.2, 2–314.5, 2–314.7, 2–314.8, and 2–317 of this title in the same manner as those provisions apply to applicants for a license to practice audiology and licensed audiologists. </text> </section> <section article="gho" article_name="Health Occupations" number="2-401" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <level label="a"> <text>Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice audiology, hearing aid dispensing, or speech–language pathology, or assist in the practice of speech–language pathology or audiology in this State unless licensed by the Board to practice audiology, hearing aid dispensing, or speech–language pathology, or assist in the practice of speech–language pathology or audiology.</text> </level> <level label="b"> <text>A person may not use or attempt to use a license or a limited license that has been purchased, fraudulently obtained, counterfeited, or materially altered.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-402" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <level label="a"> <text>Unless authorized to practice audiology under this title or unless otherwise provided for in this article, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise that the person:</text> <level label="1"> <text>Is authorized to practice audiology in this State; or</text> </level> <level label="2"> <text>Evaluates, examines, directs, instructs, or counsels individuals suffering from disorders or conditions that affect hearing and balance or assists those individuals in the perception of sound.</text> </level> </level> <level label="b"> <text>Unless authorized to practice audiology under this title or unless otherwise provided for in this article, a person may not use, with the intent to represent that the person practices audiology, words or terms, including:</text> <level label="1"> <text>“Audiological”;</text> </level> <level label="2"> <text>“Audiologist”;</text> </level> <level label="3"> <text>“Audiology”;</text> </level> <level label="4"> <text>“Aural rehabilitation”;</text> </level> <level label="5"> <text>“Hearing clinic”;</text> </level> <level label="6"> <text>“Hearing clinician”;</text> </level> <level label="7"> <text>“Hearing rehabilitation”; or</text> </level> <level label="8"> <text>“Hearing specialist”.</text> </level> </level> <level label="c"> <text>While performing the duties of that employment, an individual employed by any agency of the federal government may use any of the titles listed in subsection (b) of this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-402.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <text>Unless authorized under this title to practice hearing aid dispensing or unless otherwise provided for in this article, a person may not represent to the public, by use of a title, including “licensed hearing aid dispenser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice hearing aid dispensing in the State.</text> </section> <section article="gho" article_name="Health Occupations" number="2-402.2" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <level label="a"> <text>Subject to subsection (d) of this section, unless authorized to practice speech–language pathology under this title or unless otherwise provided for under this article, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise that the person:</text> <level label="1"> <text>Is authorized to practice speech–language pathology in this State; or</text> </level> <level label="2"> <text>Evaluates, examines, instructs, or counsels individuals suffering from disorders or conditions that affect speech, language, communication, and swallowing.</text> </level> </level> <level label="b"> <text>Subject to subsection (d) of this section, unless authorized to practice speech–language pathology under this title or unless otherwise provided for under this article, a person may not use any word or term connoting professional proficiency in speech–language pathology, including but not limited to:</text> <level label="1"> <text>“Communication disorders”;</text> </level> <level label="2"> <text>“Communicologist”;</text> </level> <level label="3"> <text>“Dysphagist”;</text> </level> <level label="4"> <text>“Language pathologist”;</text> </level> <level label="5"> <text>“Logopedist”;</text> </level> <level label="6"> <text>“Speech and language clinician”;</text> </level> <level label="7"> <text>“Speech and language therapist”;</text> </level> <level label="8"> <text>“Speech clinic”;</text> </level> <level label="9"> <text>“Speech clinician”;</text> </level> <level label="10"> <text>“Speech correction”;</text> </level> <level label="11"> <text>“Speech correctionist”;</text> </level> <level label="12"> <text>“Speech pathology”;</text> </level> <level label="13"> <text>“Speech–language pathology”;</text> </level> <level label="14"> <text>“Speech therapist”;</text> </level> <level label="15"> <text>“Speech therapy”; or</text> </level> <level label="16"> <text>“Swallowing therapist”.</text> </level> </level> <level label="c"> <text>While performing the duties of that employment, an individual employed by any agency of the federal government may use any of the titles listed in subsection (b) of this section.</text> </level> <level label="d"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an individual licensed under Subtitle 4A of this title to engage in the practice of music therapy may not represent to the public that the individual is authorized to treat a communication disorder.</text> </level> <level label="2"> <text>This section may not be construed to prohibit an individual licensed under Subtitle 4A of this title to engage in the practice of music therapy from representing to the public that the individual may work with a client who has a communication disorder and address communication skills.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-402.3" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <level label="a"> <text>Unless authorized to practice as a speech–language pathology assistant under this title or unless otherwise provided for under this article, a person may not represent to the public, by title, description of services, methods, or procedures, or otherwise, that the person:</text> <level label="1"> <text>Is authorized to practice as a speech–language pathology assistant in the State; or</text> </level> <level label="2"> <text>Assists in the practice of speech–language pathology.</text> </level> </level> <level label="b"> <text>Unless authorized to practice as a speech–language pathology assistant under this title or unless otherwise provided for under this article, a person may not use any word or term connoting professional proficiency in assisting the practice of speech–language pathology, including:</text> <level label="1"> <text>“Communication assistant”;</text> </level> <level label="2"> <text>“Speech assistant”;</text> </level> <level label="3"> <text>“Speech–language assistant”;</text> </level> <level label="4"> <text>“Speech–language teacher”; or</text> </level> <level label="5"> <text>“Speech teacher”.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-402.4" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <level label="a"> <text>Unless authorized to practice as an audiology assistant under this title or unless otherwise provided for under this article, a person may not represent to the public, by title, description of services, methods, or procedures, or otherwise, that the person:</text> <level label="1"> <text>Is authorized to practice as an audiology assistant in the State; or</text> </level> <level label="2"> <text>Assists in the practice of audiology.</text> </level> </level> <level label="b"> <text>Unless authorized to practice as an audiology assistant under this title or unless otherwise provided for under this article, a person may not use any word or term connoting professional proficiency in assisting the practice of audiology, including:</text> <level label="1"> <text>“Audiology assistant”;</text> </level> <level label="2"> <text>“Audiologist assistant”;</text> </level> <level label="3"> <text>“Audiometry assistant”;</text> </level> <level label="4"> <text>“Audiometrist assistant”;</text> </level> <level label="5"> <text>“Audiological assistant”;</text> </level> <level label="6"> <text>“Hearing aid technician”; or</text> </level> <level label="7"> <text>“Cochlear implant technician”.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-403" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <text>A person may not knowingly make a false, material statement in an application for a license or a limited license or for renewal of a license or a limited license.</text> </section> <section article="gho" article_name="Health Occupations" number="2-404" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <text>A person may not materially alter a license or a limited license with fraudulent intent.</text> </section> <section article="gho" article_name="Health Occupations" number="2-405" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <text>A person may not transfer or offer to transfer a license or a limited license for consideration.</text> </section> <section article="gho" article_name="Health Occupations" number="2-406" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <text>While providing hearing aid services as an audiologist, an audiology assistant, or a hearing aid dispenser, a person may not:</text> <level label="1"> <text>Engage in an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article; or</text> </level> <level label="2"> <text>Violate any provision of Title 14, Subtitle 25 of the Commercial Law Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-408" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4"> <text>A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 3 years or both.</text> </section> <section article="gho" article_name="Health Occupations" number="2-4A-01" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board certified music therapist” means an individual who:</text> <level label="1"> <text>Has completed the education and clinical training requirements established by the American Music Therapy Association; and</text> </level> <level label="2"> <text>Holds current board certification from the Certification Board for Music Therapists.</text> </level> </level> <level label="c"> <text>“Individualized music therapy treatment plan” means a music therapy treatment plan for a client that identifies the goals, objectives, and potential strategies for the music therapy services appropriate for the client using music therapy interventions, including:</text> <level label="1"> <text>Music improvisation;</text> </level> <level label="2"> <text>Receptive music listening;</text> </level> <level label="3"> <text>Songwriting;</text> </level> <level label="4"> <text>Lyric discussion;</text> </level> <level label="5"> <text>Music and imagery;</text> </level> <level label="6"> <text>Music performance;</text> </level> <level label="7"> <text>Learning through music; and</text> </level> <level label="8"> <text>Movement to music.</text> </level> </level> <level label="d"> <level label="1"> <text>“License” means a license issued by the Board to engage in the practice of music therapy.</text> </level> <level label="2"> <text>“License” includes, unless the context requires otherwise, a limited license.</text> </level> </level> <level label="e"> <text>“Licensed professional music therapist” or “licensee” means an individual who is licensed by the Board to engage in the practice of music therapy.</text> </level> <level label="f"> <text>“Limited license” means a license issued by the Board to practice music therapy as limited by § 2–4A–11.1 of this subtitle.</text> </level> <level label="g"> <level label="1"> <text>“Practice of music therapy” means the clinical and evidence–based use of music therapy interventions to accomplish individualized goals for individuals of all ages and ability levels within a therapeutic relationship.</text> </level> <level label="2"> <text>“Practice of music therapy” includes:</text> <level label="i"> <text>Accepting referrals for music therapy services from:</text> <level label="1"> <text>Medical, developmental, mental health, or education professionals;</text> </level> <level label="2"> <text>Family members;</text> </level> <level label="3"> <text>Clients;</text> </level> <level label="4"> <text>Caregivers; or</text> </level> <level label="5"> <text>Others involved with the provision of and authorized to provide client services;</text> </level> </level> <level label="ii"> <text>Collaborating with a client’s treatment team to review the client’s diagnosis, treatment needs, and treatment plan before providing music therapy services to a client for an identified clinical or developmental need;</text> </level> <level label="iii"> <text>Collaborating with a client’s treatment team during the provision of music therapy services to the client, including collaborating with and discussing the music therapy treatment plan with the audiologist or speech–language pathologist of a client with a communication disorder so that a music therapist may work with the client and address communication skills;</text> </level> <level label="iv"> <text>Conducting a music therapy assessment of a client to collect systematic, comprehensive, and accurate information necessary to determine the appropriate type of music therapy services to provide for the client;</text> </level> <level label="v"> <text>Developing an individualized music therapy treatment plan for a client that is based on the music therapy assessment;</text> </level> <level label="vi"> <text>Implementing an individualized music therapy treatment plan that:</text> <level label="1"> <text>Is consistent with any other developmental, rehabilitative, habilitative, medical, mental health, preventive, or wellness care or educational services being provided to a client; and</text> </level> <level label="2"> <text>Does not replace the services provided by an audiologist or a speech–language pathologist;</text> </level> </level> <level label="vii"> <text>Evaluating a client’s response to music therapy and the individualized music therapy treatment plan, documenting change and progress, and suggesting modifications, as appropriate;</text> </level> <level label="viii"> <text>Developing a plan for determining when the provision of music therapy services is no longer needed in collaboration with a client, the client’s physician or another provider of health care or education for the client, an appropriate member of the client’s family, and any other appropriate individual on whom the client relies for support;</text> </level> <level label="ix"> <text>Minimizing any barriers to ensure that a client receives music therapy services in the least restrictive environment;</text> </level> <level label="x"> <text>Collaborating with and educating a client, the family or caregiver of the client, or any other appropriate individual about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs; and</text> </level> <level label="xi"> <text>Using appropriate knowledge and skills, including research, reasoning, and problem–solving skills, to inform practice and determine appropriate actions in the context of each specific clinical setting.</text> </level> </level> <level label="3"> <text>“Practice of music therapy” does not include the screening, diagnosis, or assessment of any physical, mental, or communication disorder.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-02" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>This subtitle does not prohibit or restrict the practice, services, or activities of:</text> <level label="1"> <text>An individual licensed, certified, or regulated under the laws of the State in another profession or occupation or personnel supervised by a licensed professional in the State performing work including the use of music incidental to the practice of the individual’s licensed, certified, or regulated profession or occupation, if the individual does not represent that the individual is a licensed music therapist;</text> </level> <level label="2"> <text>Any individual whose training and national certification attest to the individual’s preparation and ability to practice the certified profession or occupation of the individual, if the individual does not represent that the individual is a licensed music therapist;</text> </level> <level label="3"> <text>Any practice of music therapy as an integral part of a program of study for students enrolled in an accredited music therapy program, if the student does not represent that the student is a licensed music therapist; or</text> </level> <level label="4"> <text>Any individual who engages in the practice of music therapy under the supervision of a licensed music therapist, if the individual does not represent that the individual is a licensed music therapist.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-03" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>The Board:</text> <level label="1"> <text>Shall adopt regulations for the licensure and practice of music therapy;</text> </level> <level label="2"> <text>Shall adopt a code of ethics for the practice of music therapy; and</text> </level> <level label="3"> <text>May facilitate the statewide dissemination of music therapy information to music therapists, the American Music Therapy Association or any successor organization, and the Certification Board for Music Therapists or any successor organization.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-04" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <level label="1"> <text>The Board shall set reasonable fees for the issuance and renewal of licenses and the other services the Board provides to music therapists.</text> </level> <level label="2"> <text>The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to music therapists.</text> </level> </level> <level label="b"> <level label="1"> <text>The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.</text> </level> <level label="2"> <text>The Comptroller shall distribute all fees to the Board.</text> </level> </level> <level label="c"> <text>The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board under this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-05" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>Except as otherwise provided in this subtitle, beginning January 1, 2022, an individual shall be licensed by the Board before the individual may engage in the practice of music therapy in the State.</text> </section> <section article="gho" article_name="Health Occupations" number="2-4A-06" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>To qualify for a license, an applicant shall be an individual who meets the requirements of this section.</text> </level> <level label="b"> <text>The applicant shall:</text> <level label="1"> <text>Be of good moral character; and</text> </level> <level label="2"> <text>Be at least 18 years old.</text> </level> </level> <level label="c"> <text>The applicant shall:</text> <level label="1"> <level label="i"> <text>Be a board certified music therapist; and</text> </level> <level label="ii"> <text>Provide proof:</text> <level label="1"> <level label="A"> <text>Of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization; or</text> </level> </level> <level label="B"> <text>Of being transitioned into board certification; and</text> </level> <level label="2"> <text>That the applicant is currently a board certified music therapist;</text> </level> </level> </level> <level label="2"> <text>Hold a bachelor’s degree or higher in music therapy, or its equivalent, including clinical training, from an educational program that is:</text> <level label="i"> <text>Approved by the American Music Therapy Association or any successor organization; and</text> </level> <level label="ii"> <text>Within an accredited college or university;</text> </level> </level> <level label="3"> <text>Be in good standing based on a review of the applicant’s music therapy licensure, certification, or registration history in other jurisdictions, including a review of any disciplinary actions in the practice of music therapy; and</text> </level> <level label="4"> <text>Meet any other requirements established by the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-07" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>To apply for a license, an applicant shall:</text> <level label="1"> <text>Submit an application to the Board on the form that the Board requires;</text> </level> <level label="2"> <text>Pay to the Board the application fee set by the Board; and</text> </level> <level label="3"> <text>Submit to a criminal history records check in accordance with § 2–303.1 of this title.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-08" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>The Board shall issue a license to any applicant who:</text> <level label="1"> <text>Meets the requirements of this subtitle; or</text> </level> <level label="2"> <level label="i"> <text>Meets the requirements of § 2–4A–07 of this subtitle; and</text> </level> <level label="ii"> <text>Provides evidence satisfactory to the Board that the applicant is licensed and in good standing as a music therapist in another jurisdiction where the qualifications required are equal to or greater than those required in this subtitle.</text> </level> </level> </level> <level label="b"> <text>The Board shall include on each license that the Board issues:</text> <level label="1"> <text>The full name of the licensed music therapist;</text> </level> <level label="2"> <text>The dates of issuance and expiration; and</text> </level> <level label="3"> <text>A license number.</text> </level> </level> <level label="c"> <level label="1"> <text>On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 2–303.1 of this title, in determining whether to grant a license, the Board shall consider:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iii"> <text>The length of time that has passed since the crime;</text> </level> <level label="iv"> <text>Subsequent work history;</text> </level> <level label="v"> <text>Employment and character references; and</text> </level> <level label="vi"> <text>Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>The Board may not issue a license if the criminal history record information required under § 2–303.1 of this title has not been received.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-09" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>A music therapist license authorizes the licensee to engage in the practice of music therapy while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="2-4A-10" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <level label="1"> <text>A license expires on a date set by the Board unless the license is renewed for an additional term as provided in this section.</text> </level> <level label="2"> <text>A license may not be renewed for a term longer than 2 years.</text> </level> </level> <level label="b"> <text>At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail or e–mail to the last known address of the licensee, a renewal notice that states:</text> <level label="1"> <text>The date on which the current license expires;</text> </level> <level label="2"> <text>The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and</text> </level> <level label="3"> <text>The amount of the renewal fee.</text> </level> </level> <level label="c"> <text>Before a license expires, the licensee periodically may renew the license for an additional term if the licensee:</text> <level label="1"> <text>Otherwise is entitled to be licensed;</text> </level> <level label="2"> <text>Pays to the Board a renewal fee set by the Board; and</text> </level> <level label="3"> <text>Submits to the Board:</text> <level label="i"> <text>A renewal application on the form that the Board requires; and</text> </level> <level label="ii"> <text>Satisfactory evidence of compliance with any continuing education requirements established by the Board under subsection (d) of this section.</text> </level> </level> </level> <level label="d"> <level label="1"> <text>The Board shall establish continuing education requirements as a condition of the renewal of licenses under this section.</text> </level> <level label="2"> <text>The continuing education requirements shall include proof of completion of at least 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization.</text> </level> </level> <level label="e"> <text>The Board shall renew the license of each licensee who meets the requirements of this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-11" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <level label="1"> <text>The Board shall place a licensee on inactive status if the licensee submits to the Board:</text> <level label="i"> <text>An application for inactive status on the form that the Board requires; and</text> </level> <level label="ii"> <text>The inactive status fee set by the Board.</text> </level> </level> <level label="2"> <level label="i"> <text>The Board shall license an individual on inactive status who applies for a license if the individual:</text> <level label="1"> <text>Meets the renewal requirements of § 2–4A–10 of this subtitle; and</text> </level> <level label="2"> <text>Meets any continuing education requirements established by the Board.</text> </level> </level> <level label="ii"> <text>The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph.</text> </level> </level> </level> <level label="b"> <text>The Board shall reinstate the license of an individual who has not been put on inactive status and who has failed to renew the license for any reason if the individual:</text> <level label="1"> <text>Meets the renewal requirements of § 2–4A–10 of this subtitle;</text> </level> <level label="2"> <text>Pays to the Board a reinstatement fee set by the Board; and</text> </level> <level label="3"> <text>Applies to the Board for reinstatement of the license within 5 years after the license expires.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board may not reinstate the license of an individual who fails to apply for reinstatement of the license within 5 years after the license expires.</text> </level> <level label="2"> <text>Notwithstanding paragraph (1) of this subsection, an individual may become licensed by meeting the requirements of § 2–4A–06 of this subtitle for obtaining a new license.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-11.1" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>Subject to the provisions of this section, the Board shall issue a limited license to practice music therapy to an applicant who:</text> <level label="1"> <text>Except for the examination, meets the license requirements under § 2–4A–06 of this subtitle;</text> </level> <level label="2"> <text>Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice music therapy only under the supervision of an individual described under subsection (b)(2) of this section;</text> </level> <level label="3"> <text>Submits an application to the Board on the form that the Board requires; and</text> </level> <level label="4"> <text>Pays the Board the application fee set by the Board.</text> </level> </level> <level label="b"> <level label="1"> <text>The purpose of a limited license is to permit an individual to practice music therapy while completing the licensing requirements of this subtitle.</text> </level> <level label="2"> <text>While it is effective, a limited license authorizes the licensee to practice music therapy under the supervision of a fully licensed music therapist.</text> </level> </level> <level label="c"> <text>A limited license expires on the first anniversary of its effective date.</text> </level> <level label="d"> <text>The Board may renew the limited license once for an additional 1–year term, if the holder:</text> <level label="1"> <text>Otherwise meets the requirements of this section;</text> </level> <level label="2"> <text>Submits a renewal application to the Board on the form that the Board requires; and</text> </level> <level label="3"> <text>Pays to the Board a limited license renewal fee set by the Board.</text> </level> </level> <level label="e"> <text>If the holder of a limited license fails to receive a full license within 2 years after the initial limited license was issued, the individual shall wait a minimum of 1 year before applying for another limited license.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-12" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>A licensee shall notify the Board in writing of a change in name or address within 60 days after the change occurs.</text> </level> <level label="b"> <text>A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.</text> </level> <level label="c"> <text>The Board shall pay any penalty collected under this section to the General Fund of the State.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-13" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>Unless the Board accepts the surrender of a license, the license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee. </text> </section> <section article="gho" article_name="Health Occupations" number="2-4A-14" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>Subject to the hearing provisions of § 2–4A–16 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to an applicant, reprimand a licensee, place a licensee on probation, or suspend or revoke the license of a licensee if the applicant or licensee:</text> <level label="1"> <text>Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;</text> </level> <level label="2"> <text>Fraudulently or deceptively uses a license;</text> </level> <level label="3"> <text>Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside;</text> </level> <level label="4"> <text>Aids or abets an unauthorized person in practicing music therapy or self–representing as a music therapist;</text> </level> <level label="5"> <text>Practices music therapy fraudulently or deceitfully;</text> </level> <level label="6"> <text>Violates the code of ethics adopted by the Board under § 2–4A–03(2) of this subtitle;</text> </level> <level label="7"> <text>Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report;</text> </level> <level label="8"> <text>Submits a false statement to collect a fee;</text> </level> <level label="9"> <text>Willfully makes or files a false report or record in the practice of music therapy;</text> </level> <level label="10"> <text>Is disciplined by a licensing or disciplinary authority of any state or country, convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the United States Department of Veterans Affairs for an act that would be grounds for disciplinary action under this section;</text> </level> <level label="11"> <text>Violates any provision of this subtitle or any regulation adopted by the Board;</text> </level> <level label="12"> <text>Uses or promotes or causes the use or promotion of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;</text> </level> <level label="13"> <text>Is professionally, physically, or mentally incompetent;</text> </level> <level label="14"> <text>Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;</text> </level> <level label="15"> <text>Behaves immorally in the practice of music therapy;</text> </level> <level label="16"> <text>Commits an act of unprofessional conduct in the practice of music therapy;</text> </level> <level label="17"> <text>Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;</text> </level> <level label="18"> <text>Fails to cooperate with a lawful investigation conducted by the Board;</text> </level> <level label="19"> <text>Commits an act that is inconsistent with generally accepted professional standards in the practice of music therapy;</text> </level> <level label="20"> <text>Fails to submit to a criminal history records check in accordance with § 2–303.1 of this title;</text> </level> <level label="21"> <text>Habitually is intoxicated;</text> </level> <level label="22"> <text>Provides professional services while under the influence of alcohol or while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;</text> </level> <level label="23"> <text>Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;</text> </level> <level label="24"> <text>In the practice of music therapy:</text> <level label="i"> <text>Falsely represents the use or availability of services or advice of a physician; or</text> </level> <level label="ii"> <text>Misrepresents the applicant, licensee, or holder by using the word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate; or</text> </level> </level> <level label="25"> <text>Practices music therapy with an unauthorized person or supervises or aids an unauthorized person in the practice of music therapy.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-15" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>If, after a hearing under § 2–4A–16 of this subtitle, the Board finds that there are grounds under § 2–4A–14 of this subtitle to suspend or revoke a license or to reprimand a licensee, the Board may impose a monetary penalty not exceeding $5,000:</text> <level label="1"> <text>Instead of suspending the license; or</text> </level> <level label="2"> <text>In addition to suspending or revoking the license.</text> </level> </level> <level label="b"> <text>The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section.</text> </level> <level label="c"> <text>The Board shall pay any penalty collected under this section into the General Fund of the State.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-16" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2–4A–14 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.</text> </level> <level label="b"> <text>The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.</text> </level> <level label="c"> <text>The individual may be represented at the hearing by counsel.</text> </level> <level label="d"> <level label="1"> <text>Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board.</text> </level> <level label="2"> <text>The Board shall issue subpoenas on behalf of the individual if the individual:</text> <level label="i"> <text>Requests that the Board do so; and</text> </level> <level label="ii"> <text>States under oath that the testimony or evidence sought is necessary to the individual’s defense.</text> </level> </level> <level label="3"> <text>If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, a court of competent jurisdiction may compel, on petition of the Board, compliance with the subpoena.</text> </level> </level> <level label="e"> <text>If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter.</text> </level> <level label="f"> <text>The hearing of charges may not be stayed or challenged by any procedural defect alleged to have occurred before the filing of charges.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-17" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>Except as provided in this section for an action under § 2–4A–14 of this subtitle, a person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.</text> </level> <level label="b"> <text>A person aggrieved by a final decision of the Board under § 2–4A–14 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act.</text> </level> <level label="c"> <text>A decision of the Board to deny a license, enforce a suspension of a license for more than 1 year, or revoke a license may not be stayed pending judicial review.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-18" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:</text> <level label="1"> <text>Reinstate a license that has been revoked;</text> </level> <level label="2"> <text>Reduce the period of a suspension; or</text> </level> <level label="3"> <text>Withdraw a reprimand.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-19" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>The Board may issue a cease and desist order for a violation of this subtitle.</text> </section> <section article="gho" article_name="Health Occupations" number="2-4A-20" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>An action may be maintained in the name of the State or the Board to enjoin:</text> <level label="1"> <text>The unauthorized practice of music therapy; or</text> </level> <level label="2"> <text>Conduct that is a ground for disciplinary action under § 2–4A–14 of this subtitle.</text> </level> </level> <level label="b"> <text>An action under this section may be brought by:</text> <level label="1"> <text>The Board, in its own name;</text> </level> <level label="2"> <text>The Attorney General, in the name of the State; or</text> </level> <level label="3"> <text>A State’s Attorney, in the name of the State.</text> </level> </level> <level label="c"> <text>An action under this section shall be brought in the county where the defendant:</text> <level label="1"> <text>Resides; or</text> </level> <level label="2"> <text>Engages in the acts sought to be enjoined.</text> </level> </level> <level label="d"> <text>Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.</text> </level> <level label="e"> <text>An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of music therapy under § 2–4A–22 of this subtitle or disciplinary action under § 2–4A–14 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-21" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>In this section, “music therapist rehabilitation committee” means a committee of the Board that:</text> <level label="1"> <text>Is recognized by the Board;</text> </level> <level label="2"> <text>Includes music therapists; and</text> </level> <level label="3"> <text>Evaluates and provides assistance to any music therapist in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.</text> </level> </level> <level label="b"> <text>The music therapist rehabilitation committee may function:</text> <level label="1"> <text>Solely for the Board; or</text> </level> <level label="2"> <text>Jointly with a rehabilitation committee representing another board or boards.</text> </level> </level> <level label="c"> <level label="1"> <text>Except as otherwise provided in this subsection, the proceedings, records, and files of the music therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the music therapist rehabilitation committee.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection does not apply to any record or document that is considered by the music therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.</text> </level> <level label="3"> <text>For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.</text> </level> </level> <level label="d"> <text>An individual who acts in good faith and within the scope of jurisdiction of the music therapist rehabilitation committee is not civilly liable for any action as a member of the music therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the music therapist rehabilitation committee.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-22" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <level label="a"> <text>Except as otherwise provided in this subtitle, an individual may not practice, attempt to practice, or offer to practice music therapy in the State unless licensed by the Board.</text> </level> <level label="b"> <text>Each violation of this section is a separate offense.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-23" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>Unless authorized to practice music therapy under this subtitle, an individual may not:</text> <level label="1"> <text>Represent to the public that the individual is a licensed music therapist; or</text> </level> <level label="2"> <text>Use any title, abbreviation, sign, card, or other representation that the individual is a licensed music therapist.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="2-4A-24" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>An individual who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.</text> </section> <section article="gho" article_name="Health Occupations" number="2-4A-25" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="4A" subtitle_name="Music Therapists"> <text>This subtitle may be cited as the Maryland Music Therapists Act.</text> </section> <section article="gho" article_name="Health Occupations" number="2-501" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="5"> <text>This title may be cited as the “Maryland Audiology, Hearing Aid Dispensing, Speech–Language Pathology, and Music Therapy Act”. </text> </section> <section article="gho" article_name="Health Occupations" number="2-502" title_number="2" title_name="Audiologists, Hearing Aid Dispensers, Speech–language Pathologists, and Music Therapists" subtitle_number="5"> <text>Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2031.</text> </section>