1 | A bill to be entitled |
2 | An act relating to the Board of Hearing Aid Specialists |
3 | and the Board of Speech-Language Pathology and Audiology; |
4 | merging these boards into a new Board of Communication |
5 | Disorders; providing for membership of the new board; |
6 | providing for a type two transfer of powers, duties and |
7 | functions, records, personnel, property, and unexpended |
8 | balances of appropriations, allocations, or other funds of |
9 | the former boards to the new board; preserving pending |
10 | judicial and administrative actions; specifying the time |
11 | of abolishment of the former boards; providing for |
12 | jurisdiction of the new board; amending ss. 20.43, |
13 | 468.1125, 468.1135, 468.1246, 468.1315, 484.041, and |
14 | 484.0512, F.S.; conforming provisions to changes made by |
15 | the act; repealing ss. 484.042 and 484.043, F.S., relating |
16 | to the Board of Hearing Aid Specialists and its |
17 | membership, appointment, terms, and headquarters; |
18 | providing effective dates. |
19 |
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20 | Be It Enacted by the Legislature of the State of Florida: |
21 |
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22 | Section 1. (1) The Board of Speech-Language Pathology and |
23 | Audiology, created by section 468.1135, Florida Statutes, and |
24 | the Board of Hearing Aid Specialists, created by section |
25 | 484.042, Florida Statutes, are merged into the Board of |
26 | Communication Disorders, created by this section. |
27 | (2) The members of both former boards shall serve the |
28 | balance of their terms as members of the Board of Communication |
29 | Disorders. Vacancies shall be filled in accordance with section |
30 | 468.1135, Florida Statutes, as amended by this act. |
31 | (3) All of the statutory powers, duties and functions, |
32 | records, personnel, property, and unexpended balances of |
33 | appropriations, allocations, or other funds for the |
34 | administration of the Board of Speech-Language Pathology and |
35 | Audiology and the Board of Hearing Aid Specialists shall be |
36 | transferred by a type two transfer, as defined in section |
37 | 20.06(2), Florida Statutes, from the Board of Speech-Language |
38 | Pathology and Audiology and the Board of Hearing Aid Specialists |
39 | to the Board of Communication Disorders. |
40 | (4) The transfer of regulatory authority as provided by |
41 | this act shall not affect the validity of any judicial or |
42 | administrative action pending as of 11:59 p.m. on June 30, 2005, |
43 | to which action the Board of Speech-Language Pathology and |
44 | Audiology and the Board of Hearing Aid Specialists are at that |
45 | time parties, and the Board of Communication Disorders shall be |
46 | substituted as a party in interest in any such action. |
47 | (5) Effective at 11:59 p.m. on June 30, 2005, the Board of |
48 | Speech-Language Pathology and Audiology and the Board of Hearing |
49 | Aid Specialists are abolished. |
50 | (6) This section shall take effect upon this act becoming |
51 | a law. |
52 | Section 2. Paragraph (g) of subsection (3) of section |
53 | 20.43, Florida Statutes, is amended to read: |
54 | 20.43 Department of Health.--There is created a Department |
55 | of Health. |
56 | (3) The following divisions of the Department of Health |
57 | are established: |
58 | (g) Division of Medical Quality Assurance, which is |
59 | responsible for the following boards and professions established |
60 | within the division: |
61 | 1. The Board of Acupuncture, created under chapter 457. |
62 | 2. The Board of Medicine, created under chapter 458. |
63 | 3. The Board of Osteopathic Medicine, created under |
64 | chapter 459. |
65 | 4. The Board of Chiropractic Medicine, created under |
66 | chapter 460. |
67 | 5. The Board of Podiatric Medicine, created under chapter |
68 | 461. |
69 | 6. Naturopathy, as provided under chapter 462. |
70 | 7. The Board of Optometry, created under chapter 463. |
71 | 8. The Board of Nursing, created under part I of chapter |
72 | 464. |
73 | 9. Nursing assistants, as provided under part II of |
74 | chapter 464. |
75 | 10. The Board of Pharmacy, created under chapter 465. |
76 | 11. The Board of Dentistry, created under chapter 466. |
77 | 12. Midwifery, as provided under chapter 467. |
78 | 13. The Board of Communication Disorders Speech-Language |
79 | Pathology and Audiology, created under part I of chapter 468 and |
80 | part II of chapter 484. |
81 | 14. The Board of Nursing Home Administrators, created |
82 | under part II of chapter 468. |
83 | 15. The Board of Occupational Therapy, created under part |
84 | III of chapter 468. |
85 | 16. Respiratory therapy, as provided under part V of |
86 | chapter 468. |
87 | 17. Dietetics and nutrition practice, as provided under |
88 | part X of chapter 468. |
89 | 18. The Board of Athletic Training, created under part |
90 | XIII of chapter 468. |
91 | 19. The Board of Orthotists and Prosthetists, created |
92 | under part XIV of chapter 468. |
93 | 20. Electrolysis, as provided under chapter 478. |
94 | 21. The Board of Massage Therapy, created under chapter |
95 | 480. |
96 | 22. The Board of Clinical Laboratory Personnel, created |
97 | under part III of chapter 483. |
98 | 23. Medical physicists, as provided under part IV of |
99 | chapter 483. |
100 | 24. The Board of Opticianry, created under part I of |
101 | chapter 484. |
102 | 25. The Board of Hearing Aid Specialists, created under |
103 | part II of chapter 484. |
104 | 25.26. The Board of Physical Therapy Practice, created |
105 | under chapter 486. |
106 | 26.27. The Board of Psychology, created under chapter 490. |
107 | 27.28. School psychologists, as provided under chapter |
108 | 490. |
109 | 28.29. The Board of Clinical Social Work, Marriage and |
110 | Family Therapy, and Mental Health Counseling, created under |
111 | chapter 491. |
112 | Section 3. Subsection (2) of section 468.1125, Florida |
113 | Statutes, is amended to read: |
114 | 468.1125 Definitions.--As used in this part, the term: |
115 | (2) "Board" means the Board of Communication Disorders |
116 | Speech-Language Pathology and Audiology. |
117 | Section 4. Section 468.1135, Florida Statutes, is amended |
118 | to read: |
119 | 468.1135 Board of Communication Disorders Speech-Language |
120 | Pathology and Audiology.-- |
121 | (1) There is created within the department the Board of |
122 | Communication Disorders Speech-Language Pathology and Audiology, |
123 | composed of nine seven members appointed by the Governor and |
124 | confirmed by the Senate. |
125 | (2)(a) Six Four members of the board shall be persons |
126 | licensed by the board under this part, as follows: |
127 | 1. Two members shall be practicing speech-language |
128 | pathologists. |
129 | 2. Two members shall be practicing audiologists. |
130 | 3. Two members shall be hearing aid specialists who have |
131 | been licensed and practicing in this state for at least the |
132 | preceding 4 years. |
133 | (b) One member shall be an otolaryngologist a physician |
134 | licensed pursuant to chapter 458 or chapter 459 who is a |
135 | neurologist, an otolaryngologist, or a pediatrician. |
136 | (c) Two members shall be citizens of the state who are |
137 | communicatively impaired and who are not, and have never been, |
138 | licensed as a speech-language pathologist or an audiologist and |
139 | who are in no way connected with the practice of such |
140 | profession. Neither of the two shall derive economic benefit |
141 | from the fitting or dispensing of hearing aids. At least one of |
142 | the two shall be a hearing aid user but may neither be nor have |
143 | been a hearing aid specialist or a licensee of a closely related |
144 | profession. At least one of the two shall be communicatively |
145 | impaired. At least one of the two shall be 65 years of age or |
146 | older. |
147 | (d) At least one member of the board shall be 60 years of |
148 | age or older. |
149 | (3) As the terms of the initial members expire, the |
150 | Governor shall appoint successors who meet the requirements of |
151 | subsection (2) for terms of 4 years. Members shall serve until |
152 | their successors are appointed. |
153 | (4)(a) The board has authority to adopt rules pursuant to |
154 | ss. 120.536(1) and 120.54 to implement the provisions of this |
155 | part conferring duties upon it. |
156 | (b) The board shall adopt rules requiring that each |
157 | prospective purchaser of a hearing aid be notified by the |
158 | attending audiologist, at the time of the initial examination |
159 | for fitting and sale of a hearing aid, of telecoil, "t" coil, or |
160 | "t" switch technology. The rules shall further require that |
161 | licensed audiologists make available to prospective purchasers |
162 | information regarding telecoils, "t" coils, or "t" switches. |
163 | These rules shall be effective on or before October 1, 1994. |
164 | (5) All provisions of chapter 456 relating to activities |
165 | of regulatory boards shall apply to the board. |
166 | (6) The board shall maintain its official headquarters in |
167 | Tallahassee. |
168 | Section 5. Subsection (2) of section 468.1246, Florida |
169 | Statutes, is amended to read: |
170 | 468.1246 Thirty-day trial period; purchaser's right to |
171 | cancel; notice; refund; cancellation fee.-- |
172 | (2) The board, in consultation with the Board of Hearing |
173 | Aid Specialists, shall prescribe by rule the terms and |
174 | conditions to be contained in the money-back guarantee and any |
175 | exceptions thereto. Such rule shall provide, at a minimum, that |
176 | the charges for earmolds and service provided to fit the hearing |
177 | aid may be retained by the licensee. The rules shall also set |
178 | forth any reasonable charges to be held by the licensee as a |
179 | cancellation fee. Such rule shall be effective on or before |
180 | December 1, 1994. Should the board fail to adopt such rule, a |
181 | licensee may not charge a cancellation fee which exceeds 5 |
182 | percent of the total charge for a hearing aid alone. The terms |
183 | and conditions of the guarantee, including the total amount |
184 | available for refund, shall be provided in writing to the |
185 | purchaser prior to the signing of the contract. |
186 | Section 6. Subsection (1) of section 468.1315, Florida |
187 | Statutes, is amended to read: |
188 | 468.1315 Saving clauses.-- |
189 | (1) No judicial or administrative proceeding pending |
190 | pursuant to part I of chapter 468, Florida Statutes, 1989, on |
191 | October 1, 1990, shall be abated as a result of the repeal of |
192 | ss. 468.139, 468.140, 468.141, 468.142, 468.1425, 468.143, |
193 | 468.144, 468.145, 468.146, 468.147, 468.148, and 468.149. In any |
194 | such unabated proceeding, the Board of Communication Disorders |
195 | Speech-Language Pathology and Audiology and the department shall |
196 | be deemed parties in interest and shall be made parties to the |
197 | proceeding. |
198 | Section 7. Subsection (1) of section 484.041, Florida |
199 | Statutes, is amended to read: |
200 | 484.041 Definitions.--As used in this part, the term: |
201 | (1) "Board" means the Board of Communication Disorders, |
202 | created in s. 468.1135 Hearing Aid Specialists. |
203 | Section 8. Subsection (2) of section 484.0512, Florida |
204 | Statutes, is amended to read: |
205 | 484.0512 Thirty-day trial period; purchaser's right to |
206 | cancel; notice; refund; cancellation fee; criminal penalty.-- |
207 | (2) The board, in consultation with the Board of |
208 | Speech-Language Pathology and Audiology, shall prescribe by rule |
209 | the terms and conditions to be contained in the money-back |
210 | guarantee and any exceptions thereto. Such rule shall provide, |
211 | at a minimum, that the charges for earmolds and service provided |
212 | to fit the hearing aid may be retained by the licensee. The |
213 | rules shall also set forth any reasonable charges to be held by |
214 | the licensee as a cancellation fee. Such rule shall be effective |
215 | on or before December 1, 1994. Should the board fail to adopt |
216 | such rule, a licensee may not charge a cancellation fee which |
217 | exceeds 5 percent of the total charge for a hearing aid alone. |
218 | The terms and conditions of the guarantee, including the total |
219 | amount available for refund, shall be provided in writing to the |
220 | purchaser prior to the signing of the contract. |
221 | Section 9. Sections 484.042 and 484.043, Florida Statutes, |
222 | are repealed. |
223 | Section 10. Except as otherwise provided herein, this act |
224 | shall take effect July 1, 2005. |