CHAPTER 5.3. Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers [2530. - 2539.14.]
Heading of Chapter 5.3 amended by Stats. 2022, Ch. 415, Sec. 1.
§§ 2530–2539.14 · 112 sections
ARTICLE 1. General Provisions §§ 2530–2530.7 · 8 sections
- § 2530 This act may be cited as the “Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act.”
- § 2530.1 The Legislature finds and declares that the practice of speech-language pathology and audiology and hearing aid dispensing in California affects the public…
- § 2530.2 As used in this chapter, unless the context otherwise requires: (a) “Board” means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.…
- § 2530.3 (a) A person represents themselves to be a speech-language pathologist when they hold themselves out to the public by any title or description of services…
- § 2530.4 Nothing in this chapter shall be construed as authorizing a speech-language pathologist or audiologist to practice medicine, surgery, or any other form of…
- § 2530.5 (a) Nothing in this chapter shall be construed as restricting hearing testing conducted by licensed physicians and surgeons or by persons conducting hearing…
- § 2530.6 (a) Speech-language pathologists and audiologists supervising speech-language pathology or audiology aides shall register with the board the name of each aide…
- § 2530.7 (a) An applicant, registrant, or licensee who has an email address shall provide the board with that email address no later than July 1, 2023. The email…
ARTICLE 2. Administration §§ 2531–2531.95 · 14 sections
- § 2531 (a) There is in the Department of Consumer Affairs the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in which the enforcement,…
- § 2531.02 Protection of the public shall be the highest priority for the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board in exercising its…
- § 2531.06 (a) The board is vested with the duties, powers, purposes, responsibilities, and jurisdiction over the licensing and regulation of hearing aid dispensers as…
- § 2531.1 (a) Each member of the board shall hold office for a term of four years, and shall serve until the appointment and qualification of that member’s successor or…
- § 2531.2 The membership of the board shall include two licensed speech-language pathologists, two licensed audiologists, one of whom shall be an audiologist that…
- § 2531.3 The board shall examine every applicant for a speech-language pathology license or an audiology license at the time and place designated by the board in its…
- § 2531.4 The board shall have full authority to investigate and to evaluate each and every applicant applying for a license to practice speech-language pathology or a…
- § 2531.5 The board shall issue, suspend, and revoke licenses and approvals to practice speech-language pathology and audiology as authorized by this chapter.
- § 2531.6 The Governor has power to remove from office any member of the board for neglect of any duty required by this chapter, for incompetency, or for unprofessional…
- § 2531.7 The board shall elect annually a chairperson and vice chairperson from among its members. The board shall hold at least one regular meeting each year.…
- § 2531.75 (a) The board may appoint a person exempt from civil service who shall be designated as an executive officer. The executive officer shall exercise the powers…
- § 2531.8 Five members of the board shall at all times constitute a quorum.
- § 2531.9 Each member of the board shall receive a per diem and expenses as provided in Section 103.
- § 2531.95 The board shall from time to time adopt the regulations that may be necessary to effectuate this chapter. In adopting regulations the board shall comply with…
ARTICLE 3. Licenses §§ 2532–2532.8 · 10 sections
- § 2532 No person shall engage in the practice of speech-language pathology or audiology or represent themselves as a speech-language pathologist or audiologist unless…
- § 2532.1 (a) Each person desiring to obtain a license shall make application to the board, upon a form as prescribed by the board. (b) A separate license shall be…
- § 2532.2 Except as required by Section 2532.25, to be eligible for licensure by the board as a speech-language pathologist or audiologist, the applicant shall possess…
- § 2532.25 (a) An applicant seeking licensure as an audiologist shall possess a doctorate in audiology earned from an educational institution approved by the board. The…
- § 2532.3 (a) Upon approval of an application filed pursuant to Section 2532.1, and upon the payment of the fee prescribed by subdivision (i) of Section 2534.2, the…
- § 2532.4 (a) The board may direct applicants to be examined for knowledge in whatever theoretical or applied fields in speech-language pathology or audiology it deems…
- § 2532.5 Every person holding a license under this chapter shall display it conspicuously in their primary place of practice.
- § 2532.6 (a) The Legislature recognizes that the education and experience requirements of this chapter constitute only minimal requirements to assure the public of…
- § 2532.7 (a) Upon approval of an application filed pursuant to Section 2532.1, and upon payment of the fee prescribed by Section 2534.2, the board may issue a required…
- § 2532.8 (a) The board shall, until January 1, 2027, deem a person who holds a valid Certificate of Clinical Competence in Speech-Language Pathology issued by the…
ARTICLE 4. Denial, Suspension, Revocation, and Probation §§ 2533–2533.6 · 7 sections
- § 2533 The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose…
- § 2533.1 A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and…
- § 2533.2 Proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the…
- § 2533.3 Except as provided in Section 2538.42, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor punishable by…
- § 2533.4 Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes…
- § 2533.5 (a) The board may prosecute a person for a violation of this chapter. (b) The board shall hear and decide a matter, including, but not limited to, a contested…
- § 2533.6 (a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology and Audiology and…
ARTICLE 5. Revenue §§ 2534–2534.2 · 3 sections
- § 2534 There is in the State Treasury the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund. The board shall report to the Controller at the…
- § 2534.1 The board shall keep records that will reasonably ensure that funds expended in the administration of each licensing or registration category shall bear a…
- § 2534.2 The amount of the fees prescribed by this chapter is that established by the following schedule: (a) (1) The application fee and renewal fee for…
ARTICLE 6. Licensing and Registration §§ 2535–2535.4 · 3 sections
- § 2535 (a) All licenses issued as of January 1, 1992, shall expire at 12 a.m. of the last date of the birth month of the licensee during the second year of a two-year…
- § 2535.2 Except as provided in Section 2535.3, a license that has expired may be renewed at any time within five years after its expiration upon filing of an…
- § 2535.4 A person who fails to renew their license within the five years after its expiration may not renew it, and it may not be restored, reissued, or reinstated…
ARTICLE 7. Speech-Language Pathology Corporations and Audiology Corporations §§ 2536–2537.5 · 7 sections
- § 2536 A speech-language pathology corporation or an audiology corporation is a corporation which is authorized to render professional services, as defined in Section…
- § 2537 It shall constitute unprofessional conduct and a violation of this chapter for any person licensed under this chapter to violate, attempt to violate, directly…
- § 2537.1 A speech-language pathology corporation or an audiology corporation shall not do or fail to do any act that the doing or failing to do would constitute…
- § 2537.2 Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each shareholder, director and officer of a speech-language pathology corporation or…
- § 2537.3 The income of a speech-language pathology corporation or an audiology corporation attributable to professional services rendered while a shareholder is a…
- § 2537.4 (a) The name of a speech-language pathology corporation under which it may render professional services shall include one of the words specified in subdivision…
- § 2537.5 The board may adopt and enforce regulations to carry out the purposes and objectives of this article, and the Moscone-Knox Professional Corporation Act,…
ARTICLE 7.5. Speech-Language Pathology Assistant §§ 2538–2538.7 · 5 sections
- § 2538 A person seeking approval as a speech-language pathology assistant shall make application to the board for that approval.
- § 2538.1 (a) The board shall adopt regulations, in collaboration with the State Department of Education, the Commission on Teacher Credentialing, and the Advisory…
- § 2538.3 A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate degree…
- § 2538.5 This article shall not be construed to limit the utilization of a speech aide or other personnel employed by a public school working under the direct…
- § 2538.7 (a) No person who is not registered as a speech-language pathology assistant shall utilize the title speech-language pathology assistant or a similar title…
ARTICLE 8. Hearing Aid Dispensers §§ 2538.10–2538.57 · 47 sections
- § 2538.10 For the purposes of this article, the following definitions shall apply: (a) “Advertise” and its variants include the use of a newspaper, magazine, or other…
- § 2538.11 (a) “Practice of fitting or selling hearing aids,” as used in this article, means those practices used for the purpose of selection and adaptation of hearing…
- § 2538.12 A licensee may conduct hearing screenings at a health fair or similar event by the application of a binary puretone screening at a preset intensity level for…
- § 2538.13 In fitting hearing aids, a hearing aid dispenser shall not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, except that a hearing…
- § 2538.14 “Hearing aid dispenser,” as used in this article, means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired…
- § 2538.15 “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with…
- § 2538.16 The board shall keep a record of all prosecutions for violations of this article and of all examinations held for applicants for licenses together with the…
- § 2538.17 The board may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids. The board…
- § 2538.18 All holders of licenses to sell or fit hearing aids shall continue their education after receiving the license. The board shall provide by regulation, as a…
- § 2538.20 It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any other way to advertise or hold…
- § 2538.21 This article does not apply to a person engaged in the practice of fitting hearing aids if their practice is for a governmental agency, or private clinic, or…
- § 2538.22 This article does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does not directly…
- § 2538.23 (a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as a hearing aid dispenser in this state. (2) There is no…
- § 2538.24 Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board. The application…
- § 2538.25 (a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license. The board may provide that the…
- § 2538.26 The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its…
- § 2538.27 (a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to them upon…
- § 2538.28 (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that…
- § 2538.29 A trainee licensed under Section 2538.28 shall take the licensure examination within the first 12 months after the trainee license is issued. Failure to take…
- § 2538.30 (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business that engages in the fitting or sale of…
- § 2538.31 Practical examinations shall be held by the board at least twice a year. The time and place of any practical examination shall be fixed by the board at least…
- § 2538.32 Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed…
- § 2538.33 (a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses where they…
- § 2538.34 (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in…
- § 2538.35 (a) To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming…
- § 2538.36 (a) Whenever any of the following conditions are found to exist, either from observations by the licensee or based on information furnished by the prospective…
- § 2538.37 No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the preceding six months a…
- § 2538.38 A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensee’s office or place of business at all times and…
- § 2538.39 A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the…
- § 2538.40 (a) Upon denial of an application for license, the board shall notify the applicant in writing of the following: (1) The reason for the denial. (2) That the…
- § 2538.41 Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass the…
- § 2538.42 Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the…
- § 2538.43 It is unlawful to sell or barter, or offer to sell or barter, any license issued by the board.
- § 2538.44 It is unlawful to purchase or procure by barter any license issued by the board with intent to use the same as evidence of the holder’s qualification to…
- § 2538.45 It is unlawful to alter with fraudulent intent in any material regard a license issued by the board.
- § 2538.46 It is unlawful to use or attempt to use any license issued by the board that has been purchased, fraudulently issued, counterfeited, or materially altered as a…
- § 2538.47 It is unlawful to willfully make any false statement in a material regard in an application for an examination before the board for a license.
- § 2538.48 It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing a valid, unrevoked, and…
- § 2538.49 It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless they first do all of the following: (a) Comply with all provisions of…
- § 2538.50 It is unlawful to advertise by displaying a sign or otherwise or hold themselves out to be a person engaged in the practice of fitting or selling hearing aids…
- § 2538.51 It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address,…
- § 2538.52 When tests are conducted by persons licensed under this article in connection with the fitting and selling of hearing aids, the provisions of this article…
- § 2538.53 (a) A license issued under this article expires at midnight on its assigned renewal date. (b) To renew an unexpired license, the licensee shall, on or before…
- § 2538.54 Except as otherwise provided in this article, an expired license may be renewed at any time within three years after its expiration on filing of an application…
- § 2538.55 A license which has been suspended is subject to expiration and shall be renewed as provided in this article but such renewal does not entitle the holder of…
- § 2538.56 A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the…
- § 2538.57 The amount of fees and penalties prescribed by this article shall be those set forth in this section unless a lower fee is fixed by the board: (a) The fee for…
ARTICLE 9. Dispensing Audiologists §§ 2539.1–2539.14 · 8 sections
- § 2539.1 (a) (1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no…
- § 2539.2 (a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as an audiologist in this state and is authorized to sell…
- § 2539.4 (a) To the extent not inconsistent with federal law, a licensed dispensing audiologist shall, before the consummation of a sale of a hearing aid that uses…
- § 2539.6 (a) Whenever any of the following conditions are found to exist either from observations by the licensed audiologist or on the basis of information furnished…
- § 2539.8 No hearing aid shall be sold by an individual licensed as an audiologist under this chapter to a person 16 years of age or younger, unless within the preceding…
- § 2539.10 A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensed dispensing audiologist’s…
- § 2539.12 A licensed audiologist who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the…
- § 2539.14 The provisions of subdivisions (b) and (c) of Section 2538.11 and the provisions of Section 2538.12 do not apply to a licensed audiologist who satisfies the…