Delaware Code Title 24 Sec. 3706 – Powers and duties; immunity
(a) The Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter.
(2) Designate the application form to be used by all applicants and to process all applications.
(3) Designate the national, written, standardized examinations in speech/language pathology, audiology and hearing aid dispensing, prepared by a national testing service(s), to be taken by all persons applying for licensure as speech/language pathologists, audiologists and/or hearing aid dispensers; applicants who qualify for licensure by reciprocity shall have achieved a passing score on all parts of the designated written national examination in the applicant’s specialty.
(4) Evaluate the credentials of all persons applying for a license to practice speech/language pathology, audiology or to dispense hearing aids in this State or to act as audiology aides or speech pathology aides, in order to determine whether such persons meet the qualifications set forth in this chapter.
(5) Grant licenses to, and renew licenses of all persons who meet the qualifications for licensure, including those persons who apply for temporary licensure.
(6) Establish by rule and regulation continuing education standards required for license renewal.
(7) Evaluate certified records to determine whether an applicant for licensure who previously has been licensed, certified or registered in another jurisdiction to practice speech/language pathology, audiology and dispense hearing aids has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses.
(8) Refer all complaints from licensees and the public concerning persons licensed in this chapter or concerning practices of the Board or of the profession, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint.
(9) Conduct hearings and issue orders in accordance with procedures established pursuant to Chapter 101 of Title 29.
(10) Where it has been determined after a hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.
(11) Adopt and publish a code of ethics for each professional specialty and promulgate within 60 days of adoption.
(12) Establish and publish standards for electronic equipment used for the purpose of measuring hearing, and require written proof of calibration for such equipment annually.
(13) Establish requirements for licensed hearing aid dispenser and licensed audiologist to:
a. At the time of the initial examination for fitting and sale of a hearing aid, to notify the prospective purchaser or client of the operation and benefits of telecoil, also known as “t” coil, or “t” switch technology, in using a hearing aid with “hearing loop” technology; and
b. Provide written information explaining telecoil and its uses, including increased access to telephones, and communication with businesses and in the community, and noninvasive access to assistive listening systems.
Terms Used In Delaware Code Title 24 Sec. 3706
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Audiologist: shall mean a person who is licensed to practice audiology pursuant to this act and who offers such services to the public under any title or description of services incorporating the words "audiologist" "hearing clinician" "hearing therapist" "aural rehabilitator" or any other similar title or description of service. See Delaware Code Title 24 Sec. 3702
- Board: shall mean the State Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers established in this chapter. See Delaware Code Title 24 Sec. 3702
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: shall mean the state Division of Professional Regulation. See Delaware Code Title 24 Sec. 3702
- Hearing aid: shall mean any personal, wearable instrument or device designed for, offered for the purpose of, or represented as, aiding persons with, or compensating for, impaired hearing. See Delaware Code Title 24 Sec. 3702
- Hearing aid dispenser: shall mean a person licensed to dispense hearing aids pursuant to this Act and who is engaged in the evaluation or measurement of the power or range of human hearing by means of an audiometer or any other means devised for the purpose of selecting, adapting and distributing or selling of hearing aids. See Delaware Code Title 24 Sec. 3702
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall mean a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 3702
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 3702
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of speech/language pathology, audiology and/or the dispensing of hearing aids. See Delaware Code Title 24 Sec. 3702
(b) No member shall participate in any action of the Board involving directly or indirectly any person related in any way by blood or marriage to said member.
(c) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of speech/language pathology, audiology and/or the dispensing of hearing aids.
24 Del. C. 1953, § ?3608; 59 Del. Laws, c. 206, § ?1; 65 Del. Laws, c. 224, § ?1; 72 Del. Laws, c. 266, § ?1; 74 Del. Laws, c. 262, § ?81; 80 Del. Laws, c. 315, § 1;