By the Division of Professional Licensure

1.01: Definitions

For purposes of 260 CMR 1.00 through 10.00 the following terms shall have the following meanings.

Audiologist. Any person who is duly licensed as an audiologist by the Board and who engages in the practice of Audiology.

Audiology.

(a) The application of principles, methods, procedures of measurement, testing, appraisal, prediction, consultation, counseling, instruction, and research related to hearing and disorders of hearing for the purpose of modifying communication disorders involving speech, language, auditory function or other aberrant behavior related to hearing loss. In addition, this person determines range, type, and degree of hearing function related to the patient's auditory efficiency and communication needs. This person may plan, direct, conduct, or participate in identification and hearing conservation programs, and habilitative and rehabilitative programs for the hearing impaired. These may include, but are not limited to hearing aid evaluations, hearing aid recommendations, fitting and dispensing, counseling, guidance, auditory training, speech reading, language development, and speech conservation.

(b) The performance of nondiagnostic speech and language screening, either for purposes of performing an audiological evaluation or for the initial identification of individuals with other communication disorders.

(c) The ability to provide aural habilitation/rehabilitation services, for which the Audiologist has been properly trained, to the hearing impaired.

Audiology Assistant. A person duly certified by the Board who assists in the practice of Audiology and who works under the supervision and direction of a duly licensed Audiologist.

Aide. A person who performs non-treatment activities for a Speech-Language pathologist, audiologist, or an assistant.

ASHA. The American Speech-Language-Hearing Association

ASHA Code of Ethics. The Code of Ethics, January 1, 2003; ASHA Desk Reference 2002, Vol. A, Cardinal Documents of the Association, adopted by the Board for practice as a Speech-Language Pathologist or Audiologist.

Board. Board shall refer to the Board of Registration for Speech-Language Pathology and Audiology of the Commonwealth of Massachusetts.

Board Recognized Entity. ASHA, Massachusetts Speech-Language-Hearing Association, American Academy of Audiology or such other entities as the Board may designate.

Client. Anyone to whom a licensee is providing services including but not limited to a patient or student.

Continuing Education Activities. Continuing education activities consist of:

(a) Continuing Education Program. A formal learning program with specific learning objectives relevant to the science or practice of Speech-Language Pathology or Audiology and where such program is sponsored by a Board Recognized Entity;

(b) Continuing Education Academic Course. A graduate level course relevant to the science or practice of Speech-Language Pathology or Audiology offered by an accredited university or institution of higher education, where the course is based on an organized effort directed toward accomplishing major objectives.

(c) Continuing Education Publication. A published book, a chapter of a published book, and/or an article in a refereed journal or published by a Board Recognized Entity, where the book, chapter or article is relevant to the science or practice of Speech-Language Pathology or Audiology;

Continuing Education Hour: The unit of measurement for a Continuing Education Activity lasting 60 consecutive minutes.

Continuing Education Unit (CEU). A CEU is the ASHA standard for continuing education as established by the International Association for Continuing Education and Training. 0.1 CEU is equivalent to one Continuing Education Hour.

Division. The Division of Professional Licensure.

License. For the purposes of 260 CMR 1.00 through 10.00 the term "license" or "licensed" shall mean the authority to practice as a Speech-Language Pathologist or Audiologist through licensure by the Board, or the authority to practice as a Speech-Language Pathology Assistant or Audiology Assistant through certification by the Board.

Licensee. For the purposes of 260 CMR 1.00 through 10.00 the term "licensee" shall include Speech-Language Pathologists and Audiologists licensed by the Board and Speech-Language Pathology Assistants and Audiology Assistants certified by the Board except where specified.

Speech-Language Pathologist. Any person who is duly licensed as a speech-Language pathologist by the Board and who engages in the practice of Speech-Language Pathology.

Speech-Language Pathology.

(a) The application of principles, methods, and procedures for the measurement, testing, identification, appraisal, prediction, consultation, counseling, instruction and research related to the development and disorders of speech, voice, or language for the purpose of diagnosing, designing and implementing programs for the amelioration of such disorders and conditions.

(b) The performance of nondiagnostic audiological screening, either for purposes of performing a speech and language evaluation or for the initial identification of individuals with other communication disorders.

(c) The ability to provide aural habilitation/rehabilitation services, for which the Speech-Language Pathologist has been properly trained, to the hearing impaired.

Speech-Language Pathology Assistant. A person duly certified by the Board who assists in the practice of speech-Language pathology and who works under the supervision and direction of a duly licensed Speech-Language Pathologist.

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1.02: Misrepresentation/Unlicensed Practice

(1) No person may represent oneself, or one's services by using the words audiologist, Audiology assistant, audiometric technician, or Audiology or any similar titles or descriptions unless one has been duly licensed as an Audiologist or an Audiology Assistant. Use of such terms must properly reflect the Licensee's scope of practice as set out in regulatory definitions in 260 CMR 1.01 or scope of practice as defined 260 CMR 10.03.

(2) No person may represent oneself, or one's services by using the words Speech-Language Pathologist, speech-language pathology assistant, speech pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, aphasiologist, voice pathologist, voice therapist, language therapist, logopedist, communication disorders, or any similar titles or descriptions unless one has been duly licensed as a Speech-Language Pathologist or as a Speech-Language Pathology Assistant. Use of such terms must properly reflect the Licensee's scope of practice as set out in regulatory definitions in 260 CMR 1.01 or scope of practice as defined 260 CMR 10.03.

(3) No person shall engage in the practice of Audiology unless he or she is duly licensed by the Board.

(4) No person shall engage in the practice of Speech-Language Pathology unless he or she is duly licensed by the Board.

(5) The student who has not completed his or her professional preparation must not provide Speech-Language Patholgoy or Audiology services except in a supervised clinical practicum situation as part of his or her training. The student must not accept remuneration for services. The receipt of stipends for undergraduate or graduate study shall not be construed to violate 260 CMR 1.02(5).

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1.03: Grounds for Imposition of Disciplinary Sanctions

The Board may, pursuant to 260 CMR 1.06, take disciplinary action against a Speech-Language Pathologist or Audiologist or a Speech-Language Patholgoy Assistant or Audiology Assistant. Grounds for such disciplinary action shall include but not be limited to:

(1) engaging in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of material facts, the provision of false or forged evidence, or bribery in connection with any application for any License or certification which may be issued by the Board or in connection with any application for reinstatement of a License or certification issued by the Board;

(2) violating any provision of the laws of the Commonwealth relating to the practice of Speech-Language Patholgoy and Audiology or any rule or regulation adopted thereunder;

(3) commiting professional misconduct or negligence in the practice of Speech-Language Patholgoy or Audiology;

(4) using drugs or alcohol to an extent which adversely affect his/her professional competence;

(5) having been convicted of any crime including any misdemeanor or felony under the law of the Commonwealth of Massachusetts, the United States or laws of another jurisdiction which if committed in Massachusetts would constitute a crime under Massachusetts law;

(6) having been disciplined by another state or jurisdiction, provided that the conduct disciplined in another state or jurisdiction constitutes a violation of Massachusetts law;

(7) having continued to practice while his or her registration is lapsed/expired, suspended, or revoked;

(8) failing to possess the appropriate qualifications as outlined in the M.G.L. c. 112, §§ 138 through 147, M.G.L. c. 13, §§ 85 through 87 and 260 CMR 2.00;

(9) having provided services for which he or she is not appropriately licensed;

(10) failing to commensurate fees with services rendered;

(11) failing to take all reasonable precautions to avoid injuring persons in the delivery of professional services;

(12) failing to conduct himself or herself professionally;

(13) failing to hold responsibility for all Speech-Language Patholgoy or Audiology services provided to persons being served by him or her;

(14) failing to provide accurate information to persons served professionally and to the public about the nature and management of communication disorders, and about the profession and services rendered by its practitioners;

(15) failing to maintain objectivity in all matters concerning the welfare of persons served professionally;

(16) failing to establish and maintain an adequate, confidential, legible, secure, and accurate written case record for each patient. The Licensee shall furnish a copy of the patient's case record to the patient to whom that record pertains, or to the patient's authorized representative, upon request.

Applicable only to Speech-Language Pathologists and Audiologists:

(17) failing to comply with the ASHA Code of Ethics, January 1, 2003; ASHA Desk Reference 2002, Vol. A, Cardinal Documents of the Association;

(18) failing to hold responsibility for all Speech-Language Patholgoy or Audiology services provided by any of his or her agents, supervisors or employees, and shall be responsible for any and all acts or omissions of such agents or employees;

(19) failing to dispense communication related products in observance with the following standards:

(a) Products associated with professional practice must be dispensed to persons served as a part of a program of comprehensive habilitative/rehabilitative care.

(b) Fees established for professional services must be determined independent of whether a product is dispensed.

(c) No professional shall require that any person served obtain a service or product from a particular source.

(d) Price information about professional services rendered and products dispensed must be disclosed by providing to persons served a complete schedule of fees and charges in advance of rendering services, which schedule differentiates between fees for professional services and charges for products dispensed.

(e) Products dispensed to the person served shall be evaluated to determine effectiveness.

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1.04: Requirement to Respond to the Board

(1) A licensee shall respond within 30 days to a written communication from the Board or its designee and shall make available to the Board any relevant and authorized records with respect to an inquiry or complaint about the licensee's professional conduct.

(2) A licensee shall cooperate with any reasonable request from a Division agent or employee acting on behalf of the Board.

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1.05: Adjudicatory Hearing

Whenever the Board determines that a complaint warrants an adjudicatory hearing, all adjudicatory proceedings before the Board are governed by M.G.L. c. 30A, M.G.L. c. 112, § 62, and 801 CMR 1.00: Standard Rules of Practice and Procedure as promulgated by the Executive Office of Administration and Finance.

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1.06: Disposition and Sanctions

The Board may, by a majority vote and upon determination made after a hearing pursuant to M.G. L. c. 30A, find that a licensee has violated the provisions of MGL c.112, §§ 138 through 147 or M.G.L. c.112, § 61, 260 CMR 1.00 through 10.00, and impose sanctions, fines and penalties as set out in M.G.L. c.112, § 138 through 147, and M.G.L. c.112, § 61 through 65.

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REGULATORY AUTHORITY
260 CMR 1.00: M.G.L. c. 112, §§ 138 through 147; c. 13, §§ 85 through 87