HB 1137

1
A bill to be entitled
2An act relating to the Board of Hearing Aid Specialists
3and the Board of Speech-Language Pathology and Audiology;
4merging these boards into a new Board of Communication
5Disorders; providing for membership of the new board;
6providing for a type two transfer of powers, duties and
7functions, records, personnel, property, and unexpended
8balances of appropriations, allocations, or other funds of
9the former boards to the new board; preserving pending
10judicial and administrative actions; specifying the time
11of abolishment of the former boards; providing for
12jurisdiction of the new board; amending ss. 20.43,
13468.1125, 468.1135, 468.1246, 468.1315, 484.041, and
14484.0512, F.S.; conforming provisions to changes made by
15the act; repealing ss. 484.042 and 484.043, F.S., relating
16to the Board of Hearing Aid Specialists and its
17membership, appointment, terms, and headquarters;
18providing effective dates.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  (1)  The Board of Speech-Language Pathology and
23Audiology, created by section 468.1135, Florida Statutes, and
24the Board of Hearing Aid Specialists, created by section
25484.042, Florida Statutes, are merged into the Board of
26Communication Disorders, created by this section.
27     (2)  The members of both former boards shall serve the
28balance of their terms as members of the Board of Communication
29Disorders. Vacancies shall be filled in accordance with section
30468.1135, Florida Statutes, as amended by this act.
31     (3)  All of the statutory powers, duties and functions,
32records, personnel, property, and unexpended balances of
33appropriations, allocations, or other funds for the
34administration of the Board of Speech-Language Pathology and
35Audiology and the Board of Hearing Aid Specialists shall be
36transferred by a type two transfer, as defined in section
3720.06(2), Florida Statutes, from the Board of Speech-Language
38Pathology and Audiology and the Board of Hearing Aid Specialists
39to the Board of Communication Disorders.
40     (4)  The transfer of regulatory authority as provided by
41this act shall not affect the validity of any judicial or
42administrative action pending as of 11:59 p.m. on June 30, 2005,
43to which action the Board of Speech-Language Pathology and
44Audiology and the Board of Hearing Aid Specialists are at that
45time parties, and the Board of Communication Disorders shall be
46substituted as a party in interest in any such action.
47     (5)  Effective at 11:59 p.m. on June 30, 2005, the Board of
48Speech-Language Pathology and Audiology and the Board of Hearing
49Aid Specialists are abolished.
50     (6)  This section shall take effect upon this act becoming
51a law.
52     Section 2.  Paragraph (g) of subsection (3) of section
5320.43, Florida Statutes, is amended to read:
54     20.43  Department of Health.--There is created a Department
55of Health.
56     (3)  The following divisions of the Department of Health
57are established:
58     (g)  Division of Medical Quality Assurance, which is
59responsible for the following boards and professions established
60within 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
64chapter 459.
65     4.  The Board of Chiropractic Medicine, created under
66chapter 460.
67     5.  The Board of Podiatric Medicine, created under chapter
68461.
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
72464.
73     9.  Nursing assistants, as provided under part II of
74chapter 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
79Pathology and Audiology, created under part I of chapter 468 and
80part II of chapter 484.
81     14.  The Board of Nursing Home Administrators, created
82under part II of chapter 468.
83     15.  The Board of Occupational Therapy, created under part
84III of chapter 468.
85     16.  Respiratory therapy, as provided under part V of
86chapter 468.
87     17.  Dietetics and nutrition practice, as provided under
88part X of chapter 468.
89     18.  The Board of Athletic Training, created under part
90XIII of chapter 468.
91     19.  The Board of Orthotists and Prosthetists, created
92under part XIV of chapter 468.
93     20.  Electrolysis, as provided under chapter 478.
94     21.  The Board of Massage Therapy, created under chapter
95480.
96     22.  The Board of Clinical Laboratory Personnel, created
97under part III of chapter 483.
98     23.  Medical physicists, as provided under part IV of
99chapter 483.
100     24.  The Board of Opticianry, created under part I of
101chapter 484.
102     25.  The Board of Hearing Aid Specialists, created under
103part II of chapter 484.
104     25.26.  The Board of Physical Therapy Practice, created
105under chapter 486.
106     26.27.  The Board of Psychology, created under chapter 490.
107     27.28.  School psychologists, as provided under chapter
108490.
109     28.29.  The Board of Clinical Social Work, Marriage and
110Family Therapy, and Mental Health Counseling, created under
111chapter 491.
112     Section 3.  Subsection (2) of section 468.1125, Florida
113Statutes, is amended to read:
114     468.1125  Definitions.--As used in this part, the term:
115     (2)  "Board" means the Board of Communication Disorders
116Speech-Language Pathology and Audiology.
117     Section 4.  Section 468.1135, Florida Statutes, is amended
118to read:
119     468.1135  Board of Communication Disorders Speech-Language
120Pathology and Audiology.--
121     (1)  There is created within the department the Board of
122Communication Disorders Speech-Language Pathology and Audiology,
123composed of nine seven members appointed by the Governor and
124confirmed by the Senate.
125     (2)(a)  Six Four members of the board shall be persons
126licensed by the board under this part, as follows:
127     1.  Two members shall be practicing speech-language
128pathologists.
129     2.  Two members shall be practicing audiologists.
130     3.  Two members shall be hearing aid specialists who have
131been licensed and practicing in this state for at least the
132preceding 4 years.
133     (b)  One member shall be an otolaryngologist a physician
134licensed pursuant to chapter 458 or chapter 459 who is a
135neurologist, an otolaryngologist, or a pediatrician.
136     (c)  Two members shall be citizens of the state who are
137communicatively impaired and who are not, and have never been,
138licensed as a speech-language pathologist or an audiologist and
139who are in no way connected with the practice of such
140profession. Neither of the two shall derive economic benefit
141from the fitting or dispensing of hearing aids. At least one of
142the two shall be a hearing aid user but may neither be nor have
143been a hearing aid specialist or a licensee of a closely related
144profession. At least one of the two shall be communicatively
145impaired. At least one of the two shall be 65 years of age or
146older.
147     (d)  At least one member of the board shall be 60 years of
148age or older.
149     (3)  As the terms of the initial members expire, the
150Governor shall appoint successors who meet the requirements of
151subsection (2) for terms of 4 years. Members shall serve until
152their successors are appointed.
153     (4)(a)  The board has authority to adopt rules pursuant to
154ss. 120.536(1) and 120.54 to implement the provisions of this
155part conferring duties upon it.
156     (b)  The board shall adopt rules requiring that each
157prospective purchaser of a hearing aid be notified by the
158attending audiologist, at the time of the initial examination
159for fitting and sale of a hearing aid, of telecoil, "t" coil, or
160"t" switch technology. The rules shall further require that
161licensed audiologists make available to prospective purchasers
162information regarding telecoils, "t" coils, or "t" switches.
163These rules shall be effective on or before October 1, 1994.
164     (5)  All provisions of chapter 456 relating to activities
165of regulatory boards shall apply to the board.
166     (6)  The board shall maintain its official headquarters in
167Tallahassee.
168     Section 5.  Subsection (2) of section 468.1246, Florida
169Statutes, is amended to read:
170     468.1246  Thirty-day trial period; purchaser's right to
171cancel; notice; refund; cancellation fee.--
172     (2)  The board, in consultation with the Board of Hearing
173Aid Specialists, shall prescribe by rule the terms and
174conditions to be contained in the money-back guarantee and any
175exceptions thereto. Such rule shall provide, at a minimum, that
176the charges for earmolds and service provided to fit the hearing
177aid may be retained by the licensee. The rules shall also set
178forth any reasonable charges to be held by the licensee as a
179cancellation fee. Such rule shall be effective on or before
180December 1, 1994. Should the board fail to adopt such rule, a
181licensee may not charge a cancellation fee which exceeds 5
182percent of the total charge for a hearing aid alone. The terms
183and conditions of the guarantee, including the total amount
184available for refund, shall be provided in writing to the
185purchaser prior to the signing of the contract.
186     Section 6.  Subsection (1) of section 468.1315, Florida
187Statutes, is amended to read:
188     468.1315  Saving clauses.--
189     (1)  No judicial or administrative proceeding pending
190pursuant to part I of chapter 468, Florida Statutes, 1989, on
191October 1, 1990, shall be abated as a result of the repeal of
192ss. 468.139, 468.140, 468.141, 468.142, 468.1425, 468.143,
193468.144, 468.145, 468.146, 468.147, 468.148, and 468.149. In any
194such unabated proceeding, the Board of Communication Disorders
195Speech-Language Pathology and Audiology and the department shall
196be deemed parties in interest and shall be made parties to the
197proceeding.
198     Section 7.  Subsection (1) of section 484.041, Florida
199Statutes, is amended to read:
200     484.041  Definitions.--As used in this part, the term:
201     (1)  "Board" means the Board of Communication Disorders,
202created in s. 468.1135 Hearing Aid Specialists.
203     Section 8.  Subsection (2) of section 484.0512, Florida
204Statutes, is amended to read:
205     484.0512  Thirty-day trial period; purchaser's right to
206cancel; notice; refund; cancellation fee; criminal penalty.--
207     (2)  The board, in consultation with the Board of
208Speech-Language Pathology and Audiology, shall prescribe by rule
209the terms and conditions to be contained in the money-back
210guarantee and any exceptions thereto. Such rule shall provide,
211at a minimum, that the charges for earmolds and service provided
212to fit the hearing aid may be retained by the licensee. The
213rules shall also set forth any reasonable charges to be held by
214the licensee as a cancellation fee. Such rule shall be effective
215on or before December 1, 1994. Should the board fail to adopt
216such rule, a licensee may not charge a cancellation fee which
217exceeds 5 percent of the total charge for a hearing aid alone.
218The terms and conditions of the guarantee, including the total
219amount available for refund, shall be provided in writing to the
220purchaser prior to the signing of the contract.
221     Section 9.  Sections 484.042 and 484.043, Florida Statutes,
222are repealed.
223     Section 10.  Except as otherwise provided herein, this act
224shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.