T54CH29

Title 54 > T54CH29

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54-2901

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2901. Short title. This chapter shall be known and may be cited as the Speech and Hearing Services Practice Act. History: [54-2901, added 2005, ch. 277, sec. 2, p. 852.]

54-2902

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2902. Declaration of policy. To protect the public health, safety and welfare, and to provide for administrative supervision, licensure and regulation, every person practicing or offering to practice audiology, speech-language pathology, sign language interpreting or hearing aid dealing and fitting services as defined in this chapter, who meets and maintains prescribed standards of competence and conduct, shall be licensed as provided in this chapter. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein. History: [54-2902, added 2005, ch. 277, sec. 2, p. 852; am. 2017, ch. 67, sec. 1, p. 157.]

54-2903

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2903. Definitions. As used in this chapter: (1) Applicant means a person applying for a license or permit under this chapter. (2) Audiologist means a natural person who meets the requirements of this chapter, is duly licensed in accordance with this chapter and is engaged in the practice of audiology. (3) Board means the speech, hearing and communication services licensure board. (4) Department means the department of self-governing agencies. (5) Division means the division of occupational and professional licenses. (6) Hearing aid means any wearable electronic instrument or other device designed for the purpose of aiding or compensating for a loss of human hearing and any parts, attachments or accessories, including earmolds attached to the hearing aid, but excluding batteries and cords. Hearing aid does not include those devices classified by the federal food and drug administration as assistive listening devices. (7) Hearing aid dealer and fitter means a person licensed pursuant to this chapter to provide hearing aid evaluations and to sell, dispense and fit hearing aids in the state of Idaho. (8) Hearing aid evaluation means the measurement of human hearing for the purpose of selecting or adapting a hearing aid, and not for obtaining medical diagnosis or legal documentation, and includes the following: (a) Air conduction threshold testing; (b) Bone conduction threshold testing; (c) Speech reception threshold testing; (d) Speech discrimination testing; (e) Most comfortable loudness level testing; and (f) Uncomfortable loudness level testing. (9) Improper fitting means a pattern of hearing aid selections or adaptations that cause physical damage to any portion of the ear in which the electroacoustic characteristics of the hearing aid are inadequate for the consumer, or in which the hearing aid is physically or acoustically unsuited to the consumer including, but not limited to: (a) An all-in-the-ear hearing aid that continually falls out of the ear; (b) Any hearing aid or earmold that causes inappropriate feedback, pain or discomfort to the ear within thirty (30) days of the original delivery of the hearing aid to the consumer; (c) Fitting a consumer with impacted cerumen; or (d) Fitting a consumer with either an apparent unilateral sensorineural hearing loss or a significant air-bone gap without prior medical evaluation and approval. (10) License means a license issued by the board under this chapter. (11) Practice of audiology means to apply the principles, methods and procedures of measurement, evaluation, testing, counseling, consultation and instruction that relate to the development and disorders of hearing, vestibular functions and related language and speech disorders to prevent, modify or rehabilitate the disorders or to assist individuals in auditory and related skills for communication, and may include intraoperative monitoring and

54-2904

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2904. License required. (1) Except as otherwise provided in this chapter, it shall be unlawful for any person to engage in the practice or to perform or offer to practice audiology or speech-language pathology or sign language interpreting or to act as a hearing aid dealer and fitter unless such person is duly licensed in accordance with this chapter. A license issued pursuant to this chapter shall be posted in the licensee’s established place of business, or proof of licensure carried upon the person shall be presented upon demand. The proof of licensure required by this section may be produced in either paper or electronic format. Acceptable electronic formats include display of electronic images on a cellular phone or any other type of portable electronic device. (2) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words audiologist, audiometrist, hearing clinician, hearing therapist, or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of audiology, unless such services are provided by an audiologist licensed in accordance with this chapter or lawfully exempt pursuant to section 54-2905 (1)(c), Idaho Code. (3) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words speech pathologist, speech therapist, speech correctionist, speech clinician, language therapist, language pathologist, voice therapist, voice pathologist, logopedist, communicologist, aphasiologist, or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of speech-language pathology, unless such services are provided by a speech-language pathologist licensed in accordance with this chapter or lawfully exempt pursuant to section 54-2905 (1)(c), Idaho Code. (4) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name, or name of activity of the business, the words hearing aid dealer and fitter or any other title, abbreviation or insignia indicating or implying directly or indirectly that such person, business entity, employee, agent or representative is engaged in the practice of audiology or hearing aid dealing and fitting, unless such services are provided by an audiologist or hearing aid dealer and fitter licensed in accordance with this chapter. (5) It is unlawful for any person or business entity, or its employees, agents or representatives, to use in connection with his or her name,

54-2905

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2905. Exemptions. (1) Nothing in this chapter shall be construed to restrict: (a) Any person licensed or regulated by the state of Idaho from engaging in the profession or practice for which he or she is licensed or regulated, including but not limited to any certified or accredited teacher of the deaf, nurse, physician, occupational therapist, physical therapist, surgeon, or any other licensed or regulated practitioner of the healing arts; (b) Any employee working under the direct supervision of those persons referred to in this section, as long as such employee does not hold himself or herself out as an audiologist, speech-language pathologist, speech-language pathologist aide or assistant, sign language interpreter, hearing aid dealer or fitter, or a person engaged in the practice of audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting; or (c) Any person working in an Idaho public school setting who has received and holds, in good standing, a pupil personnel services certificate with a speech-language pathologist endorsement or audiologist endorsement, or any person working as a speech-language pathologist aide or speech-language pathologist assistant, as those terms are defined in section 54-2903 , Idaho Code, in a public school setting under the direction and supervision of a person with such endorsement in good standing. Such persons, while practicing in the public school setting, shall be exempt from all provisions of this chapter; provided however, that any such person working in an Idaho public school setting with a pupil personnel services certificate with a speech-language pathologist endorsement or audiology endorsement, or a speech-language pathologist aide or speech-language pathologist assistant, shall be prohibited from practicing independently in a setting other than a public school unless such person is duly licensed as set forth in this chapter. (2) Licensure shall not be required for persons pursuing a course of study leading to a degree in audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting at a college or university with a curriculum acceptable to the board provided that: (a) Activities and services otherwise regulated by this chapter constitute a part of a planned course of study at that institution; (b) Such persons are designated by a title such as intern, trainee, student, or by other such title clearly indicating the status appropriate to their level of education; and (c) Such persons work under the supervision of a person licensed by this state to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting in accordance with administrative rules governing supervision as adopted by the board. The supervising audiologist, speech-language pathologist, sign language interpreter

54-2906

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2906. Dealing and fitting of hearing aids. (1) The board shall have the authority to promulgate, by rule, written contract forms that are in compliance with the provisions of this chapter. (2) Any licensed audiologist or hearing aid dealer and fitter who fits and dispenses hearing aids shall provide to each client: (a) A written contract executed between the audiologist or hearing aid dealer and fitter, and the client, in accordance with rules established by the board for each hearing aid dispensed; (b) A minimum thirty (30) day trial period that shall include a provision for the refund of moneys paid for every hearing aid dispensed; and (c) Written notice of the name, mailing address and telephone number of the board. (3) A person licensed as a hearing aid dealer and fitter shall, when dealing with a person eighteen (18) years of age or younger, obtain written confirmation that such person has been examined by a licensed otolaryngologist or audiologist within thirty (30) days of the sale of any hearing aid. History: [54-2906, added 2005, ch. 277, sec. 2, p. 856.]

54-2907

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2907. Audiology, speech-language pathology and hearing aid dealers and fitters support personnel — Speech-language pathology aides and speech-language pathology assistants. (1) Audiology, speech-language pathology and hearing aid dealer and fitter support personnel must be trained under the direction of an audiologist, speech-language pathologist or hearing aid dealer and fitter, respectively, and may only perform designated and supervised routine audiology, speech-language pathology or hearing aid dealer and fitter tasks, respectively. (2) Support personnel, speech-language pathology aides and speech-language pathology assistants shall not act independently and shall only work under the direction and supervision of an audiologist, speech-language pathologist or hearing aid dealer and fitter, respectively, licensed under this chapter. (3) The supervising audiologist, speech-language pathologist or hearing aid dealer and fitter accepts full responsibility for the tasks and activities of support personnel and speech-language pathology aides and assistants under their direction and supervision. (4) Support personnel, aides and assistants shall at all times be designated by the title support personnel, aide or assistant, respectively, which clearly identifies such person’s status as support personnel or as an aide or assistant, and such person shall not use any prohibited title as set forth in section 54-2904 , Idaho Code. (5) The board shall establish rules to define the role of audiology, speech-language pathology and hearing aid dealer and fitter support personnel and speech-language pathology aides and assistants including, but not limited to: (a) Supervisory responsibilities of the licensee; (b) Ratio of support personnel, aides or assistants to licensees; (c) Designation of support personnel’s designated and supervised routine audiology, speech-language pathology or hearing aid dealer and fitter tasks, restrictions and responsibilities; (d) Scope of practice for speech-language pathology aides and assistants, restrictions, and responsibilities; (e) Frequency, duration and documentation of direct, on-site supervision; and (f) The quantity and content of preservice and in-service instruction. History: [54-2907, added 2005, ch. 277, sec. 2, p. 856.]

54-2908

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2908. Speech, hearing and communication services licensure board. (1) There is hereby established in the division of occupational and professional licenses a speech, hearing and communication services licensure board. The board shall consist of seven (7) members appointed by the governor. The governor may consider recommendations for appointment to the board from the Idaho speech, language, hearing association, inc. (ISHA), any Idaho association of hearing aid dealers and fitters, any Idaho association of sign language interpreters and any individual residing in this state. Two (2) members of the board shall be speech-language pathologists, one (1) member shall be licensed as a sign language interpreter, two (2) members shall be audiologists, one (1) member shall be a hearing aid dealer and fitter, and one (1) member shall be appointed from the public at large. Each nonpublic member shall: (a) Have been a resident of the state of Idaho for no less than one (1) year immediately preceding his or her appointment; (b) Have been engaged in rendering services to the public, teaching, or performing research in the field of audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting for a period of not less than five (5) years preceding his or her appointment; (c) Be a currently practicing audiologist, speech-language pathologist, sign language interpreter, or hearing aid dealer and fitter; and (d) At all times during such appointment to the board, maintain a valid license in audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting, except for the first appointees who shall meet the eligibility requirements for licensure as specified in this chapter at all times after initial appointment. (2) The public member appointed as provided herein shall have been a resident of the state of Idaho for not less than one (1) year immediately preceding his appointment. Further, such public member shall not be associated with or financially interested in the practice or business of audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting, nor shall such public member be engaged in an allied or related profession or occupation. (3) Members shall serve a term of three (3) years at the pleasure of the governor. In the event of a vacancy other than expiration of a term, the governor shall appoint a replacement to fill the vacancy for the remainder of the unexpired term. (4) Members shall disqualify themselves and, upon the motion of any interested party may, upon proper showing, be disqualified in any proceeding concerning which they have an actual conflict of interest or bias that interferes with their fair and impartial service. History: [54-2908, added 2005, ch. 277, sec. 2, p. 857; am. 2008, ch. 64, sec. 1, p. 167; am. 2017, ch. 67, sec. 5,

54-2909

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2909. Officers — Quorum — Meetings — Compensation. (1) The board, within sixty (60) days after the effective date of this act and annually thereafter, shall hold a meeting and elect one (1) of its members as chairperson, to serve a one (1) year term in such capacity, who shall preside at meetings of the board. In the event the chairperson is not present at any board meeting, the board may by majority vote of the members present appoint a temporary chairperson. (2) Four (4) members of the board shall constitute a quorum, provided at least one (1) board member of the relevant profession is present when any board action is taken that affects the profession, its licensees or applicants. The board may act by virtue of a majority vote of members present in which a quorum is present. (3) The board shall meet at least two (2) times per year at a place, day and hour determined by the board. Other meetings may be convened at the call of the chairperson or upon the written request of any two (2) board members. (4) Members of the board shall be compensated as provided by section 59-509 (n), Idaho Code. History: [54-2909, added 2005, ch. 277, sec. 2, p. 858; am. 2014, ch. 105, sec. 1, p. 312.]

54-2910

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2910. Powers and duties of the board. The board shall have the authority to administer, coordinate and enforce the provisions of this chapter including, but not limited to: (1) Evaluate the qualifications of applicants for licensure, approve and administer examinations to test the knowledge and proficiency of applicants for licensure, and approve or deny the registration and issuance and renewal of licenses and permits; (2) Authorize all disbursements necessary to carry out the provisions of this chapter; (3) Promulgate rules not inconsistent with the laws of this state which are necessary to carry out the provisions of this chapter including, but not limited to, ethical standards of practice; (4) Adopt rules allowing for continuing education; (5) Obtain restraining orders and injunctions prohibiting conduct in violation of the provisions of this chapter, conduct investigations, issue subpoenas, examine witnesses and administer oaths, concerning practices which are alleged to violate the provisions of this chapter; (6) Suspend or revoke or otherwise sanction licenses in the manner provided in this chapter, or place a person holding a license under this chapter on probation; (7) Require as a condition of receiving or retaining a license issued under this chapter that restitution be paid to a consumer; (8) Require the inspection of testing equipment and facilities of persons engaging in any practice pursuant to this chapter; and (9) Authorize, by written agreement, the division of occupational and professional licenses to act as its agent in its interest. History: [54-2910, added 2005, ch. 277, sec. 2, p. 858; am. 2022, ch. 94, sec. 42, p. 311.]

54-2911

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2911. Disposition of receipts — Expenses. All moneys received pursuant to the provisions of this chapter shall be deposited to the occupational licenses fund. All expenses incurred pursuant to the provisions of this chapter shall be paid from the occupational licenses fund. History: [54-2911, added 2005, ch. 277, sec. 2, p. 859; am. 2021, ch. 224, sec. 60, p. 682.]

54-2912

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2912. Qualifications for licensure — Audiologist. (1) To be eligible for licensure by the board as an audiologist, the applicant shall: (a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter; (b) Provide documentation satisfactory to the board that the applicant possesses a master’s or doctoral degree with emphasis in audiology or not less than seventy-five (75) semester credit hours of post-baccalaureate study that culminates in a doctoral or other recognized degree from a nationally accredited school for audiology with a curriculum acceptable to the board; (c) Pass an examination in audiology approved by the board; (d) Meet the current supervised academic clinical practicum and supervised postgraduate professional experience approved by the board; (e) Submit to a fingerprint-based criminal history background check in accordance with section 67-9411A , Idaho Code; and (f) Have never had a license for audiology revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923 , Idaho Code, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances. (2) The applicant shall disclose on his written application: (a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant; (b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within this state or any other state; and (c) Any denial of registration or licensure by any state or district regulatory body. (3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials. History: [54-2912, added 2005, ch. 277, sec. 2, p. 859; am. 2022, ch. 183, sec. 2, p. 608; am. 2024, ch. 101, sec. 10, p. 456.]

54-2913

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2913. Qualifications for licensure — Speech-language pathologist. (1) To be eligible for licensure as a speech-language pathologist, the applicant shall: (a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter; (b) Provide documentation satisfactory to the board that the applicant possesses a master’s or doctoral degree from a nationally accredited school of speech-language pathology with a curriculum acceptable to the board; (c) Pass an examination in speech-language pathology approved by the board; (d) Meet the current supervised academic clinical practicum and supervised postgraduate professional experience approved by the board; (e) Submit to a fingerprint-based criminal history background check in accordance with section 67-9411A , Idaho Code; and (f) Have never had a license for speech-language pathology revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923 , Idaho Code, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances. (2) The applicant shall disclose on his written application: (a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant; (b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within this state or any other state; and (c) Any denial of registration or licensure by any state or district regulatory body. (3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials. History: [54-2913, added 2005, ch. 277, sec. 2, p. 860; am. 2022, ch. 183, sec. 3, p. 609; am. 2024, ch. 101, sec. 11, p. 456.]

54-2914

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2914. Qualifications for licensure — Speech-language pathologist aide. (1) To be eligible for licensure as a speech-language pathologist aide the applicant shall: (a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter; (b) Provide documentation satisfactory to the board that the applicant possesses a baccalaureate degree from a nationally accredited school of speech-language pathology aide with a curriculum acceptable to the board; (c) Pass an examination in speech-language pathology aide approved by the board; (d) Have never had a license for speech-language pathology aide revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923 , Idaho Code. Provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances. (2) The applicant shall disclose on his written application: (a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant; (b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within the state or any other state; and (c) Any denial of registration or licensure by any state or district regulatory body. (3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials. History: [54-2914, added 2005, ch. 277, sec. 2, p. 860.]

54-2915

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2915. Qualifications for licensure — Speech-language pathologist assistant. (1) To be eligible for licensure as a speech-language pathologist assistant the applicant shall: (a) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter; (b) Provide documentation satisfactory to the board that the applicant possesses an associate’s degree from a nationally accredited school of speech-language pathology assistant with a curriculum acceptable to the board; (c) Pass an examination in speech-language pathology assistant approved by the board; and (d) Have never had a license for speech-language pathology assistant revoked as part of disciplinary action from this or any other state and shall not be found by the board to have engaged in conduct prohibited by section 54-2923 , Idaho Code, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances. (2) The applicant shall disclose on his written application: (a) Any criminal conviction or charge, other than minor traffic infractions, against the applicant; (b) Any disciplinary action taken against the applicant by any professional regulatory agency, including any agency within the state or any other state; and (c) Any denial of registration or licensure by any state or district regulatory body. (3) The board may require an applicant to be personally interviewed by the board or a designated committee of the board. The interview shall be limited to a review of the applicant’s qualifications and professional credentials. History: [54-2915, added 2005, ch. 277, sec. 2, p. 861.]

54-2916

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2916. Qualifications for licensure — Hearing aid dealer and fitter. To be eligible for licensure as a hearing aid dealer and fitter, the applicant shall: (1) Provide verification acceptable to the board of: (a) Being at least twenty-one (21) years of age; (b) Never having had a license revoked or otherwise sanctioned as part of disciplinary action from this or any other state; (c) Never having been convicted, found guilty, or received a withheld judgment or suspended sentence in this state or in any other state of a crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code; and (d) Never having been found by the board to have engaged in conduct prohibited by this chapter, provided however, the board may take into consideration the rehabilitation of the applicant and other mitigating circumstances when considering applications for licensure; (2) Provide educational documentation satisfactory to the board that the applicant has successfully graduated from a four (4) year course at an accredited high school or the equivalent; and (3) Provide documentation that the applicant has successfully passed an examination approved by the board. History: [54-2916, added 2005, ch. 277, sec. 2, p. 862; am. 2022, ch. 246, sec. 23, p. 804.]

54-2916A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2916A. Qualifications for licensure — sign language interpreter. To be eligible for licensure as a sign language interpreter, the applicant shall: (1) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter; (2) Provide verification acceptable to the board of the following: (a) Never having had a license or certification revoked or otherwise sanctioned as part of disciplinary action from this or any other state; (b) Never having been convicted of, found guilty of, or received a withheld judgment or a suspended sentence in this state or in any other state for any crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code; and (c) Never having been found by the board to have engaged in conduct prohibited by this chapter. The board may take into consideration the rehabilitation of the applicant and other mitigating circumstances when considering applications for licensure. (3) Provide evidence satisfactory to the board of having successfully passed a nationally recognized competency examination approved by the board or achieved certification defined by board rule; (4) Provide educational documentation satisfactory to the board that the applicant has successfully graduated from a four (4) year course at an accredited high school or the equivalent; and (5) Provide documentation that the applicant has successfully passed an examination approved by the board. History: [54-2916A, added 2017, ch. 67, sec. 6, p. 162; am. 2018, ch. 72, sec. 2, p. 168; am. 2019, ch. 44, sec. 2, p. 123; am. 2020, ch. 175, sec. 28, p. 536; am. 2022, ch. 246, sec. 24, p. 805.]

54-2916B

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2916B. QUALIFICATIONS FOR LICENSURE — VIDEO REMOTE INTERPRETING PROVIDER. To be eligible for licensure as a video remote interpreting provider, the applicant shall: (1) File a written application with the board on forms prescribed and furnished by the board. A nonrefundable application fee shall accompany the completed written application. Such fees shall be established by the administrative rules of the board, subject to legislative approval, and shall be in such amounts as are reasonable and necessary for the proper execution and enforcement of this chapter; (2) Provide a roster of all employed sign language interpreters; and (3) Provide verification acceptable to the board that all employed sign language interpreters meet the qualifications of a sign language interpreter in this state and have: (a) Successfully passed a nationally recognized competency examination approved by the board or achieved certification as defined by board rule; (b) Successfully graduated from a four (4) year course at an accredited high school or the equivalent; (c) Successfully passed an examination approved by the board; (d) Never had a license or certification revoked or otherwise sanctioned as part of disciplinary action from this or any other state; (e) Never been convicted of, found guilty of, or received a withheld judgment or a suspended sentence in this state or in any other state for any crime that is deemed relevant in accordance with section 67-9411 (1), Idaho Code; (f) Never been found by the board to have engaged in conduct prohibited by this chapter; (g) Maintained required continuing education units under nationally recognized certification or other certification recognized by the board; and (h) Knowledge of and compliance with the provisions of this chapter. History: [54-2916B, added 2025, ch. 176, sec. 3, p. 831.]

54-2917

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2917. Dual licensure. A person may be licensed as both an audiologist and a speech-language pathologist or sign language interpreter, if such person duly meets the requirements of licensure for each such license. A person obtaining licensure as an audiologist and a speech-language pathologist or sign language interpreter shall be charged fees as though the person had obtained only one (1) license. History: [54-2917, added 2005, ch. 277, sec. 2, p. 862; am. 2017, ch. 67, sec. 7, p. 163.]

54-2918

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2918. license by endorsement and educational equivalency. (1) The board may issue a license by endorsement. An applicant for licensure by endorsement shall substantiate to the board that the applicant holds a current, active and unrestricted equivalent license in another state or United States territory. The applicant shall apply for a license by endorsement on such forms, pay such fees and satisfy such other requirements as may be provided by board rule. (2) For applicants who received their professional education outside of the United States, the board may deem such education acceptable, provided that the board is satisfied, and the applicant provides documentation acceptable to the board, that equivalent education requirements have been met. The board, in its discretion, may require by rule that applicants who received their professional education outside of the United States provide additional information to the board concerning such professional education. The board may also, in its discretion, require successful completion of additional coursework before proceeding with the application process. History: [54-2918, added 2005, ch. 277, sec. 2, p. 862; am. 2011, ch. 76, sec. 1, p. 161.]

54-2918A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2918A. AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT. The terms and conditions of the audiology and speech-language pathology interstate compact are hereby enacted as follows: AUDIOLOGY AND SPEECH-LANGUAGE PATHOLOGY INTERSTATE COMPACT (ASLP-IC) SECTION 1 PURPOSE 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/client/student is located at the time of the patient/client/student 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: 1. Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses; 2. Enhance the member states’ ability to protect the public’s health and safety; 3. Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice; 4. Support spouses of relocating active duty military personnel; 5. Enhance the exchange of licensure, investigative, and disciplinary information between member states; 6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards; and 7. Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services. SECTION 2 DEFINITIONS As used in this compact, and except as otherwise provided, the following definitions shall apply: A. 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 pursuant to 10 U.S.C. 1209 and 1211. B. Adverse action means any administrative, civil, equitable, or criminal action permitted by a state’s laws imposed by a licensing board or other authority against an audiologist or 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. C. Alternative program means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. D. Audiologist means an individual who is licensed by a state to practice audiology. E. Audiology means the care and services provided by a licensed audiologist as set forth in the member state’s statutes and rules. F. Audiology and speech-language pathology compact commission or commission means the national administrative body whose

54-2919

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2919. Provisional permit. The board shall adopt rules providing for a provisional permit to allow a person to engage in the practice of audiology or speech-language pathology while completing either the required postgraduate experience or a comparable experience as part of a doctoral program in audiology as required by this chapter. The board may further provide for a provisional permit to allow a person to engage in fitting and dealing hearing aids or sign language interpreting pursuant to rules adopted by the board. The holder of a provisional permit may practice only while under the supervision of a person fully licensed under this chapter. History: [54-2919, added 2005, ch. 277, sec. 2, p. 863; am. 2017, ch. 67, sec. 8, p. 163.]

54-2920

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2920. Denial of application. An application for licensure that has been denied by the board shall be considered a contested case as provided for in chapter 52, title 67 , Idaho Code, and shall be subject to the provisions of that chapter as well as the administrative rules adopted by the board governing contested cases. History: [54-2920, added 2005, ch. 277, sec. 2, p. 863.]

54-2921

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2921. Renewal and reinstatement of licenses — Public display — Inactive license. (1) All licenses issued under the provisions of this chapter shall be subject to biennial renewal and shall expire unless renewed in the manner prescribed by the board regarding applications for renewal, continuing education, and fees. License renewal and reinstatement shall be in accordance with section 67-2614 , Idaho Code. (2) Each person licensed pursuant to this chapter shall, on or before the expiration of his or her license, submit an application and pay to the board a license fee for a renewal of the license and shall keep such license posted in his or her office or established place of business at all times. (3) The board may issue inactive licenses pursuant to rules adopted by the board that may specify the terms and procedures necessary to maintain an inactive license. The holder of an inactive license shall not engage in any practice defined by this chapter. History: [54-2921, added 2005, ch. 277, sec. 2, p. 863; am. 2024, ch. 86, sec. 25, p. 406.]

54-2922

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2922. Reporting of name or address change. All licensed audiologists, speech-language pathologists, speech-language pathology aides and assistants, and hearing aid dealers and fitters shall immediately report to the board any name change or changes in business and home addresses. History: [54-2922, added 2005, ch. 277, sec. 2, p. 863; am. 2024, ch. 86, sec. 26, p. 406.]

54-2923

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2923. Grounds for disciplinary action and denial. The following conduct, acts or conditions shall constitute grounds for disciplinary action and grounds for denial of an application for licensure or renewal: (1) The conviction of any felony or being convicted of any crime which has a bearing on any practice pursuant to this chapter. Conviction, as used in this subsection (1), shall include a finding of verdict of guilt, an admission of guilt, or a plea of nolo contendere or its equivalent. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction occurred, shall be conclusive evidence of such conviction; (2) Obtaining or attempting to obtain a license or registration by fraud, misrepresentation, omission or deceit, or making misleading, deceptive, untrue or fraudulent representations in violation of this chapter or in the practice of the profession; (3) When related to the practice for which licensure is required by this chapter, engaging in incompetent or unethical conduct, or practicing or offering to practice beyond the scope of the practice as defined in this chapter, or committing an intentional, negligent, or reckless act or failing to act, or engaging in practice that fails to meet the standard of care provided by licensees in the same or similar communities; (4) Practicing when physical or mental abilities are impaired by including, but not limited to, the use of controlled substances or other drugs, chemicals or alcohol, or having been adjudged mentally incompetent by a court of competent jurisdiction; (5) Engaging in practice under a false name or alias or using or attempting to use an invalid license or a license that has been unlawfully purchased, fraudulently obtained, counterfeited or materially altered; (6) Failing to administer necessary tests utilizing appropriate, established procedures and instrumentation; (7) Engaging in improper practice or promoting unnecessary devices, treatment, intervention or service for the financial gain of the practitioner or of a third party; (8) Failing to pay a valid judgment that arose out of any practice pursuant to this chapter within two (2) months of the date that the judgment became final; (9) Having had a license revoked or suspended, other disciplinary action taken or an application for licensure or license renewal refused, revoked or suspended by the proper authorities of another state, territory or country, or omitting such information from any application to the board, or failure to divulge such information when requested by the board; (10) Failing to notify the board of any change of address of a place of business within thirty (30) days of the date of such change; (11) Failing to meet continuing education requirements as established by the board; (12) Failing to provide refunds pursuant to the terms of a wr

54-2924

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2924. Investigations and disciplinary actions — Procedures. (1) The board is authorized to institute any investigation, hearing or other legal proceeding necessary to effect compliance with this chapter. (2) The board or its hearing officer, upon a finding that action is necessary, shall have the power pursuant to this chapter to administer oaths, take depositions of witnesses within or without the state in the manner provided by the administrative rules adopted by the board, and shall have power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records and papers as it may desire at any hearing and for that purpose the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho, where such witness resides or may be found, which shall be served and returned. The board may require a licensee to be examined to determine his or her mental or physical competence when the board has probable cause to believe the licensee is suffering from an impairment that might impede his or her ability to practice competently. The board may accept a voluntary restriction offered by a licensee on a licensee’s scope of practice due to impairment of the licensee’s competence. (3) When it is brought to the attention of the board by the written statement of any person that a person licensed under this chapter has done any act or thing in violation of any provision of this chapter, the board shall make an investigation of such person and, if it is determined there is probable cause to institute proceedings against such person, the board shall commence a formal proceeding against the person in accordance with chapter 52, title 67 , Idaho Code, and with the administrative rules adopted by the board. (4) The board may investigate any person to the extent necessary to determine if the person is engaged in the unlawful practice of audiology, speech-language pathology, sign language interpreting or hearing aid dealing or fitting. If an investigation indicates that a person may be practicing audiology, sign language interpreting, hearing aid dealing or fitting, or speech-language pathology unlawfully, the board shall inform the person of the alleged violation. The board shall refer all violations of this section made known to it to appropriate prosecuting attorneys whether or not the person ceases the unlawful practice. The board may render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section. (5) The board may, in the name of the people of the state of Idaho, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Such injunction proceedings shall be in addition to, and not

54-2925

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2925. Disciplinary actions — Penalties. (1) The board, upon receipt of a recommendation received from the licensure board that a person has violated any provision of this chapter, may take the following disciplinary actions singly or in combination: (a) Issue a formal reprimand; (b) Require additional education as a requirement for continued practice; (c) Impose restrictions and/or conditions as to scope of practice, place of practice, supervision of practice, duration of license status, or type or condition of client served. The board may require a licensee to report regularly to the board on matters regarding the restricted license; (d) Suspend a license, the duration of which shall be determined by the board; (e) Revoke a license; (f) Refuse to issue or renew a license; or (g) Impose a fine not to exceed one thousand dollars ($1,000) for each violation of this chapter. (2) The assessment of costs and attorney’s fees for any investigation and prosecution or defense in an administrative proceeding against a licensee shall be governed by the provisions of section 12-117 (5), Idaho Code. History: [54-2925, added 2005, ch. 277, sec. 2, p. 866; am. 2018, ch. 348, sec. 16, p. 813.]

54-2926

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2926. Judicial review. Any person who is aggrieved by any action of the board in denying, refusing to renew, suspending or revoking a license, issuing a censure, imposing any restriction upon a license, or imposing any fine, may seek judicial review thereof in accordance with the provisions of chapter 52, title 67 , Idaho Code. History: [54-2926, added 2005, ch. 277, sec. 2, p. 866.]

54-2927

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 29 SPEECH AND HEARING SERVICES PRACTICE ACT 54-2927. Unlawful practice — Penalties. (1) It shall be unlawful for any person to practice or offer to practice audiology, speech-language pathology, sign language interpreting, or hearing aid dealing and fitting in this state, or to use in connection with his or her name or otherwise assume, use or advertise any title or description tending to convey the impression that he or she is an audiologist, speech-language pathologist, sign language interpreter, or hearing aid dealer and fitter, unless such person has been appropriately licensed under the provisions of this chapter. (2) It shall be unlawful for any person to aid, abet or require another person, licensed or unlicensed, to directly or indirectly violate or evade any provision of this chapter, or to combine or conspire with another person, or permit one’s license to be used by another person, or to act as an agent, partner, associate or otherwise, of another person with the intent to violate or evade the provisions of this chapter. (3) A violation of the provisions of this chapter shall constitute a misdemeanor and any person convicted thereof shall be fined an amount not to exceed one thousand dollars ($1,000), or imprisoned in a county jail for a period not to exceed six (6) months, or shall be punished by both such fine and imprisonment. History: [54-2927, added 2005, ch. 277, sec. 2, p. 866; am. 2011, ch. 76, sec. 2, p. 161; am. 2017, ch. 67, sec. 10, p. 164.]