Added by Stats. 1998, Ch. 1058, Sec. 6. Effective January 1, 1999.
A person seeking approval as a speech-language pathology assistant shall make application to the board for that approval.
Article 7.5 - Speech-Language Pathology Assistant
California Business and Professions Code — §§ 2538-2538.7
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Sections (52)
Amended by Stats. 2002, Ch. 485, Sec. 6. Effective January 1, 2003.
(a)The board shall adopt regulations, in collaboration with the State Department of Education, the Commission on Teacher Credentialing, and the Advisory Commission on Special Education, that set forth standards and requirements for the adequate supervision of speech-language pathology assistants.
(b)The board shall adopt regulations as reasonably necessary to carry out the purposes of this article, that shall include, but need not be limited to, the following:
(1)Procedures and requirements for application, registration, renewal, suspension, and revocation.
(2)Standards for approval of Associate Degree Speech-Language Pathology Assistant training programs based upon standards and curriculum guidelines established by the National Council on Academic Accreditation in Audiology and Speech-Language Pathology, or the American Speech-Language-Hearing Association, or equivalent formal training programs consisting of two years of technical education, including supervised field placements. The board may impanel site review committees to conduct onsite evaluations, inspections, and investigations of a speech-language pathology assistant training program and to assess the training program’s compliance with the board’s laws and regulations. The members of the site review committee shall receive no compensation but shall be reimbursed for their actual travel and per diem expenses by the institution that is the subject of the evaluation, inspection, or investigation.
(3)Standards for accreditation of a Speech-Language Pathology Assistant training program’s institution by the Accrediting Commission for Community and Junior Colleges of the Western Association of Schools and Colleges or the Senior College Commission of the Western Association of Schools and Colleges, or equivalent accreditation.
(4)The scope of responsibility, duties, and functions of speech-language pathology assistants, that shall include, but not be limited to, all of the following:
(A)Conducting speech-language screening, without interpretation, and using screening protocols developed by the supervising speech-language pathologist.
(B)Providing direct treatment assistance to patients or clients under the supervision of a speech-language pathologist.
(C)Following and implementing documented treatment plans or protocols developed by a supervising speech-language pathologist.
(D)Documenting patient or client progress toward meeting established objectives, and reporting the information to a supervising speech-language pathologist.
(E)Assisting a speech-language pathologist during assessments, including, but not limited to, assisting with formal documentation, preparing materials, and performing clerical duties for a supervising speech-language pathologist.
(F)When competent to do so, as determined by the supervising speech-language pathologist, acting as an interpreter for non-English-speaking patients or clients and their family members.
(G)Scheduling activities and preparing charts, records, graphs, and data.
(H)Performing checks and maintenance of equipment, including, but not limited to, augmentative communication devices.
(I)Assisting with speech-language pathology research projects, in-service training, and family or community education.
The regulations shall provide that speech-language pathology assistants are not authorized to conduct evaluations, interpret data, alter treatment plans, or perform any task without the express knowledge and approval of a supervising speech-language pathologist.
(5)The requirements for the wearing of distinguishing name badges with the title of speech-language pathology assistant.
(6)Minimum continuing professional development requirements for the speech-language pathology assistant, not to exceed 12 hours in a two-year period. The speech-language pathology assistant’s supervisor shall act as a professional development advisor. The speech-language pathology assistant’s professional growth may be satisfied with successful completion of state or regional conferences, workshops, formal in-service presentations, independent study programs, or any combination of these concerning communication and related disorders.
(7)Minimum continuing professional development requirements for the supervisor of a speech-language pathology assistant.
(8)The type and amount of direct and indirect supervision required for speech-language pathology assistants.
(9)The maximum number of assistants permitted per supervisor.
(10)A requirement that the supervising speech-language pathologist shall remain responsible and accountable for clinical judgments and decisions and the maintenance of the highest quality and standards of practice when a speech-language pathology assistant is utilized.
Amended by Stats. 2024, Ch. 497, Sec. 10. (SB 1526) Effective January 1, 2025.
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 publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.
(b)“License” means a hearing aid dispenser license issued pursuant to this article and includes a temporary or trainee license.
(c)“Licensee” means a person holding a license.
(d)“Hearing aid” means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.
(e)“Fund” means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
(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 aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling.
The practice of fitting or selling hearing aids does not include the act of concluding the transaction by a retail clerk.
When any audiometer or other equipment is used in the practice of fitting or selling hearing aids, it shall be kept properly calibrated and in good working condition, and the
calibration of the audiometer or other equipment shall be checked at least annually.
(b)A hearing aid dispenser shall not conduct diagnostic hearing tests when conducting tests in connection with the practice of fitting or selling hearing aids.
(c)Hearing tests conducted pursuant to this article shall include those that are in compliance with the Food and Drug Administration Guidelines for Hearing Aid Devices and those that are specifically covered in the licensing examination prepared and administered by the board.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 the purpose of identifying the need for further hearing or medical evaluation.
Upon the conclusion of each hearing screening, the licensee shall present to the person whose hearing was screened a written statement containing the following provisions:
“Results of a hearing screening are not a medical evaluation of your ear nor a diagnosis of a hearing disorder but are only the identification of the need for further medical or hearing evaluation.”
A licensee conducting hearing screenings pursuant to this
section shall not make or seek referrals for testing, fitting, or dispensing of hearing aids.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 aid dispenser may replace the temple or temples of a person’s spectacle frames with a temple or temples incorporating hearing aid components.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
“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 hearing.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
“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 distributors or dealers.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 names and addresses of all persons taking examinations and of their success or failure to pass them.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 may require applicants to first complete the required course of instruction or otherwise satisfy the board that the applicant possesses the necessary background and qualifications to fit or sell hearing aids. If the board promulgates regulations to implement this section to require a course of instruction concerned with fitting and selling hearing aids, the board shall obtain the advice of persons knowledgeable in the preparation and administration of a course of instruction.
The board may publish and distribute information concerning the examination requirements for obtaining a license to
engage in the practice of fitting and selling hearing aids within this state.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 condition to the renewal of a license, that licensees shall submit documentation satisfactory to the board that they have informed themselves of current practices related to the fitting of hearing aids by having pursued courses of study satisfactory to the board or by other means defined as equivalent by the board.
Continuing education courses shall be subject to monitoring to ensure compliance with the regulations adopted by the board pursuant to this section.
Amended by Stats. 2023, Ch. 510, Sec. 8. (SB 887) Effective January 1, 2024.
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 themselves out as being so engaged without having first obtained a license from the board under the provisions of this article. Nothing in this article shall prohibit a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of fitting or selling, or offering for sale, hearing aids at retail without a license, provided that any and all fitting or selling of hearing aids is conducted by the individuals who are licensed pursuant to the provisions of this article. A person whose license as a hearing aid dispenser has been suspended or revoked shall not be the proprietor of a business that engages in the
practice of fitting or selling hearing aids nor shall that person be a partner, shareholder, member, or fiduciary in a partnership, corporation, association, or trust that maintains or operates that business, during the period of the suspension or revocation. This restriction shall not apply to stock ownership in a corporation that is listed on a stock exchange regulated by the Securities and Exchange Commission if the stock is acquired in a transaction conducted through that stock exchange.
Amended by Stats. 2023, Ch. 510, Sec. 9. (SB 887) Effective January 1, 2024.
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 is part of the academic curriculum of an accredited institution of higher education, or part of a program conducted by a public, charitable institution or other nonprofit organization, and who does not engage directly or indirectly in the sale or offering for sale of hearing aids.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 or indirectly engage in the sale or offering for sale of hearing aids, nor to any audiologist licensed under this chapter, or to an individual supervised by the audiologist in conducting fitting procedures, and who does not directly or indirectly engage in the sale or offering for sale of hearing aids.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
(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 fitting, selection, or adaptation of the instrument and no advice is given with respect to fitting, selection, or adaptation of the instrument and no advice is given with respect to the taking of an ear impression for an earmold by the seller.
(3)The seller has received a statement which is signed by a physician and surgeon, audiologist, or a hearing aid dispenser, licensed by the State of California which verifies that
Section 2538.36 and subdivision (b) of Section 2538.49 have been complied with.
(b)A copy of the statement referred to in paragraph (3) of subdivision (a) shall be retained by the seller for the period provided for in Section 2538.38.
(c)A licensed hearing aid dispenser who sells a hearing aid under this section shall not be required to comply with subdivision (b) of Section 2538.49.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 shall be made upon a form and shall be made in the manner as is provided by the board and shall be accompanied by the fee provided for in Section 2538.57.
Amended by Stats. 2024, Ch. 497, Sec. 11. (SB 1526) Effective January 1, 2025.
(a)The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license. The board may provide that the preparation and grading of the examination be conducted by a competent person or organization other than the board, provided, however, that the board shall establish the guidelines for the examination and shall approve the actual examination.
(b)Each applicant shall take and pass a written examination and a practical examination compiled at the direction of the board covering the critical tasks involved in the practice of fitting and selling hearing aids and the knowledge, skills, and abilities needed to perform those tasks
safely and competently.
Added by Stats. 2011, Ch. 449, Sec. 9. (SB 933) Effective January 1, 2012.
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 equivalent, who have not committed acts or crimes constituting grounds for denial of licensure under Section 480, and who have paid the fees provided for in Section 2538.57. No license shall be issued to any person other than an individual.
Amended by Stats. 2024, Ch. 497, Sec. 12. (SB 1526) Effective January 1, 2025.
(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 satisfactory proof to the board that the applicant holds a hearing aid dispenser license in another state, that the licensee has not been subject to formal disciplinary action by another licensing authority, and that the applicant has been engaged in the fitting and sale of hearing aids for the two years immediately prior to application.
(b)A temporary license issued pursuant to this section shall be valid for one year from date of issuance and is not renewable. A temporary license shall automatically terminate upon issuance of a
license prior to expiration of the one-year period.
(c)The holder of a temporary license issued pursuant to this section who fails either license examination shall be subject to and shall comply with the supervision requirements of Section 2538.28 and any regulations adopted pursuant thereto.
Amended by Stats. 2023, Ch. 510, Sec. 11. (SB 887) Effective January 1, 2024.
(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 they will be supervised and trained by a hearing aid dispenser who is approved by the board may have a trainee license issued to them. The trainee license shall entitle the trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a trainee licensee under their supervision that may constitute a violation of this chapter.
(b)The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a trainee licensee, including procedures to appeal
that decision.
(c)A trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a trainee license to any applicant. Notwithstanding subdivision (d), if a trainee licensee who is entitled to renew a trainee license does not renew the trainee license and applies for a new trainee license at a later time, the new trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.
(d)A new trainee license may be issued pursuant to this section if a trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous trainee license. The board may issue
only one new trainee license under this subdivision.
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