Chapter 33 - Speech Pathologists And Audiologists
CHAPTER 33 - SPEECH PATHOLOGISTS AND AUDIOLOGISTS
ARTICLE 1 - GENERAL PROVISIONS
33-33-101. Short title.
Thisact is cited as the "License Act for Speech Pathologists andAudiologists".
33-33-102. Definitions.
(a) As used in this act:
(i) "Board" means the state board of examiners ofspeech pathology and audiology;
(ii) "Person" means any individual, organization orcorporate body, but only an individual may be licensed under this act;
(iii) "Speech pathologist" means an individual whopractices speech pathology;
(iv) "Speech pathology" means the application ofprinciples, methods and procedures for the measurement, testing, evaluation,prediction, counseling, instruction, habilitation or rehabilitation related tothe development and disorders of speech, voice or language for the purpose ofevaluating, preventing, ameliorating or modifying such disorders and conditionsin individuals or groups of individuals;
(v) "Audiologist" means an individual who practicesaudiology;
(vi) "Audiology" means the application of principles,methods and procedures of measurement, testing, evaluation, prediction,consultation, counseling, instruction, habilitation or rehabilitation relatedto hearing and disorders of hearing for the purpose of evaluating, identifying,preventing, ameliorating or modifying such disorders and conditions inindividuals or groups of individuals. For the purposes of this subsection thewords "habilitation" and "rehabilitation" include, but arenot limited to hearing aid evaluation and recommendation;
(vii) "Speech pathology aide" means an individual whomeets minimum qualifications established by the board for speech pathologyaides, which qualifications shall be less than those established for license asa speech pathologist, and who works under the direct supervision of a licensedspeech pathologist;
(viii) "Audiology aide" means an individual who meetsminimum qualifications established by the board for audiology aides, whichqualifications shall be less than those established for license as anaudiologist, and who works under the direct supervision of a licensedaudiologist.
33-33-103. Persons and practices affected.
(a) License shall be granted either in speech pathology oraudiology independently, or both.
(b) No person shall practice or represent himself as a speechpathologist or audiologist unless licensed pursuant to this act.
(c) The provision of speech pathology or audiology services inthis state, through telephonic, electronic or other means, regardless of thelocation of the speech pathologist or audiologist, shall constitute thepractice of speech pathology or audiology and shall require licensure asprovided in this chapter, and a person located outside of this state providingspeech pathology or audiology consultation services to any person in this stateshall be appropriately licensed in the jurisdiction in which he is located.
33-33-104. Persons and practices not affected.
(a) Nothing in this chapter prevents or restricts:
(i) A physician or surgeon from engaging in the practice ofmedicine in this state, or a person under the supervision and control of aphysician or surgeon from conducting hearing testing, provided the person isnot called an audiologist;
(ii) A hearing aid dealer or certified hearing aid audiologistfrom engaging in the practice of fitting and selling hearing aids includingtesting of hearing for the purpose of such fitting;
(iii) A person who holds a valid and current certificate as aspeech or hearing specialist, issued by the department of education fromperforming speech pathology or audiology services solely in the public schoolsor in programs for the developmentally disabled funded by the department ofhealth. However, the person may, without obtaining a license under this act,consult with or disseminate his research findings and other scientificinformation to speech pathologists and audiologists outside the jurisdiction ofthe organization by which he is employed;
(iv) The activities and services of a person pursuing a courseof study leading to a degree in speech pathology at a college or university, ifsuch activities and services constitute a part of a supervised course of studyand the person is designated speech pathology intern, speech pathology traineeor other title appropriate to his level of training;
(v) The activities and services of a person pursuing a courseof study leading to a degree in audiology at a college or university, if suchactivities and services constitute a part of a supervised course of study andthe person is designated audiology intern, audiology trainee or other titleappropriate to his level of training; or
(vi) The activities and services of persons fulfilling the clinicalexperience requirement of W.S. 33-33-201(d), if such activities and servicesconstitute a part of the experience required for that section's fulfillment.
(vii) Repealed By Laws 2008, Ch. 65, 2.
33-33-105. Eligibility for licensing.
(a) To be eligible for licensing by the board as a speechpathologist or audiologist, a person shall:
(i) Possess at least a master's degree or its equivalent in thearea of speech pathology or audiology from an educational institutionrecognized by the board. Effective July 1, 2012, all new applicants foraudiology licensing shall possess at least a doctor of audiology degree ormaster's degree in audiology or equivalent granted before July 1, 2012 from aneducational institution recognized by the board;
(ii) Submit to the board evidence of the completion ofeducational, clinical experience and employment requirements prescribed by therules and regulations adopted by the board;
(iii) Pass an examination approved by the board. The board shalldetermine the subject and scope of the examinations. Written examinations maybe supplemented by such oral examinations as the board shall determine.
ARTICLE 2 - BOARD OF EXAMINERS OF SPEECH PATHOLOGY ANDAUDIOLOGY
33-33-201. Establishment.
(a) There is established the board of examiners of speechpathology and audiology.
(b) The board shall be comprised of five (5) members appointedby the governor. Board members shall have been residents of this state for atleast one (1) year immediately preceding their appointment, and shall have beenengaged in rendering services to the public, teaching or research in speechpathology or audiology for at least five (5) years immediately preceding theirappointment. At least one (1) board member shall be an audiologist, one (1)shall be a consumer, at least two (2) shall be speech pathologists, and thefifth member shall be a licensed physician, surgeon or dentist. All boardmembers except the consumer and physician, surgeon or dentist shall at alltimes be holders of active and valid licenses for the practice of speechpathology or audiology in this state. The governor may remove any board memberas provided in W.S. 9-1-202.
(c) The governor shall, within ninety (90) days followingenactment of this act, appoint two (2) board members for a term of one (1)year; two (2) for a term of two (2) years; and one (1) for a term of three (3)years. Appointments made thereafter shall be for three (3) year terms, with noperson being eligible to serve more than two (2) full consecutive terms. Termsshall begin on the first day of the calendar year and end on the last day ofthe calendar year, except for the first appointed members, who shall servethrough the last calendar day of the year in which they are appointed beforecommencing the terms prescribed by this subsection.
(d) The board shall meet during each calendar year to select achairman and for other business. At least one (1) additional meeting shall beheld before the end of each calendar year. Further meetings may be convened atthe call of the chairman or the written request of any three (3) board members.
(e) Three (3) members of the board shall constitute a quorumfor all purposes.
33-33-202. Functions of the board.
(a) The board shall administer, coordinate and enforce theprovisions of this act, evaluate the qualifications and supervise theexaminations of applicants for license under this act. It may issue subpoenas,examine witnesses, administer oaths, and shall investigate allegations ofpractices violating the provisions of this act.
(b) The board shall adopt rules and regulations relating toprofessional conduct, which establish ethical and professional standards ofpractice, and for other purposes. The board may amend or repeal the same inaccordance with the Wyoming Administrative Procedure Act.
33-33-203. Administrative provisions.
(a) The board may employ, and at its pleasure discharge, anexecutive secretary and such officers and employees as may be necessary, andshall outline their duties and fix their compensation. The amount of per diem,mileage and expense monies paid employees of the board shall be in accordancewith W.S. 9-3-102.
(b) The board may adopt a seal by which it shall authenticateits proceedings. Copies of the proceedings, records and acts of the board, andcertificates purporting to relate the facts concerning such proceedings,records and acts, signed by the chairman or the executive secretary andauthenticated by the seal, shall be prima facie evidence in all courts of this state.
(c) The board shall report to the state treasurer by the fifthday of each month the amount and source of all revenue received by it duringthe preceding month, and shall pay the entire amount thereof into a separateaccount. The treasurer is hereby directed to establish such an account.
(d) Under no circumstances shall the total amount ofexpenditures incurred by the board exceed the amount of the fees collected asprovided herein.
33-33-204. Compensation of board members.
Boardmembers shall receive no compensation for their services, but shall receive perdiem for travel expenses in accordance with W.S. 9-3-102.
ARTICLE 3 - LICENSE OF SPEECH PATHOLOGISTS AND AUDIOLOGISTS
33-33-301. Application for examination.
(a) A person eligible for license under W.S. 33-33-105 shallmake application for examination to the board at least thirty (30) days priorto the date of examination, upon a form and in such manner as the board shallprescribe.
(b) Any application shall be accompanied by the fee prescribedby W.S. 33-33-307.
(c) A person who fails an examination may make application forreexamination if he again meets the requirements of subsections (a) and (b) ofthis section.
33-33-302. Examination for license.
(a) Each applicant for license shall be examined by the boardin written or oral examination, or both. Standards for acceptable performanceshall be established by the board.
(b) Applicants for license shall be examined at a time andplace under such supervision as the board may determine. Examinations shall begiven at least twice each year at such places within this state as the boardmay determine. The board shall make public notice of such examinations at leastsixty (60) days prior to their administration, and shall notify all individualexamination applicants of the time and place of their administration.
(c) The board may examine in whatever theoretical or appliedfields of speech pathology and audiology it considers appropriate, and mayexamine a person's professional skills and judgment in the utilization ofspeech pathology or audiology techniques and methods.
(d) The board shall maintain a permanent record of allexamination scores.
33-33-303. Waiver of examination or parts thereof.
(a) Repealed By Laws 2008, Ch. 65, 2.
(b) The board may waive the examination and grant license toany applicant who shall present proof of current license in another state,including the District of Columbia, or territory of the United States whichmaintains professional standards considered by the board to be equivalent tothose in force in Wyoming.
(c) The board may waive the examination and grant a license toany person certified as clinically competent by a nationally recognizedassociation for speech and hearing in the area for which such person isapplying for license.
(d) The board may issue a provisional license to practice fortwelve (12) months and renewal for one (1) additional period of twelve (12)months, to an applicant who has obtained clinical fellowship year status,subject to the following:
(i) The applicant has completed all requirements for licensureexcept for the clinical experience requirement;
(ii) The applicant has a written agreement with an individuallicensed pursuant to this chapter to serve as the applicant's supervisor forthe clinical fellowship year;
(iii) The applicant is seeking or has accepted employment inWyoming as a speech pathologist or audiologist; and
(iv) During the clinical fellowship year, the applicantcontinues to meet all other requirements for continued licensure as provided inthis chapter and in rules and regulations promulgated by the board, includingapplicable continuing education requirements.
33-33-304. Issuance of license.
Theboard shall issue a license to any person who meets the requirements of thisact and who pays to the board the initial application and licensing feeprescribed in W.S. 33-402 [ 33-33-307].
33-33-305. Suspension and revocation of license.
(a) The board may refuse to issue or renew a license, or maysuspend or revoke a license where the licensee or applicant for license hasbeen guilty of unprofessional conduct which has endangered or is likely toendanger the health, welfare or safety of the public. Such unprofessionalconduct may result from:
(i) Obtaining a license by means of fraud, misrepresentation orconcealment of material facts;
(ii) Being guilty of unprofessional conduct as defined by therules established by the board, or violating the code of ethics adopted andpublished by the board;
(iii) Being convicted of a felony in any court of the UnitedStates, if the acts for which he is convicted are found by the board to have adirect bearing on whether he should be entrusted to serve the public in thatparticular capacity; or
(iv) Violating any provisions of this act.
(b) The board may, after hearing, deny an application, orsuspend, or revoke a license, or impose probationary conditions upon alicensee. One (1) year from the date of revocation of a license, applicationmay be made to the board for reinstatement. The board may accept or reject anapplication for reinstatement and may require an examination for suchreinstatement.
(c) A plea or verdict of guilty, or a conviction following aplea of nolo contendere, made to a charge of a felony or of any offenseinvolving moral turpitude, is a conviction within the meaning of this section.At the direction of the board and after due notice and administrative hearingin accordance with the provisions of the Wyoming Administrative Procedure Act,the license of the person so convicted shall be suspended or revoked or theboard shall decline to issue a license when:
(i) The time for appeal has elapsed;
(ii) The judgment of conviction has been affirmed on appeal.
(d) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the board, the board shall notify the party namedin the court order of the withholding, suspension or restriction of the licensein accordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.
33-33-306. Renewal of license.
(a) Licenses issued under this act expire at midnight December31 of each year if not renewed.
(b) Every person licensed under this act shall annually, on orbefore December 31, pay a license renewal fee to the board. The board may, inthe event payment of the renewal fee is rendered after December 31 of any givenyear, renew a license upon payment of the renewal of license fee plus a laterenewal fee prescribed by the board. No person who requests renewal of anexpired license shall be required to submit to examination as a condition torenewal if renewal application is made within two (2) years from the date ofsuch expiration. Renewal applications shall include proof that the applicanthas complied with any continuing education requirements, as prescribed by ruleand regulation of the board, accruing during the time the license was expired.
(c) Repealed By Laws 2008, Ch. 65, 2.
33-33-307. Fees.
(a) The board shall prescribe, and publish in a manner it deemsappropriate, fees in amounts determined by the board for the followingpurposes:
(i) Application for initial license;
(ii) Application for examination and examination fee;
(iii) Initial licensing;
(iv) Renewal of license;
(v) Late renewal payment monthly penalty.
(b) Every person to whom a license is issued, as a conditionprecedent to its issuance and in addition to any application, examination, orother fee, shall pay the prescribed initial license fee. The board may provideby regulation for the waiver of all or part of such fee where the license isissued less than one hundred twenty (120) days before the date of which it willexpire.
33-33-308. Penalties.
Anyperson who violates any provision of this act is guilty of a misdemeanor andupon conviction shall be punished by a fine of not more than seven hundredfifty dollars ($750.00) or imprisoned in the county jail for a period notexceeding six (6) months, or both.
33-33-309. Construction of provisions.
Nothingcontained in this act shall prevent or impair the administration or enforcementof any other provision of the laws of this state.