Senate Bill sb2058

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    Florida Senate - 2005                                  SB 2058

    By Senator Baker





    20-590A-05                                         See HB 1137

  1                      A bill to be entitled

  2         An act relating to the Board of Hearing Aid

  3         Specialists and the Board of Speech-Language

  4         Pathology and Audiology; merging these boards

  5         into a new Board of Communication Disorders;

  6         providing for membership of the new board;

  7         providing for a type two transfer of powers,

  8         duties and functions, records, personnel,

  9         property, and unexpended balances of

10         appropriations, allocations, or other funds of

11         the former boards to the new board; preserving

12         pending judicial and administrative actions;

13         specifying the time of abolishment of the

14         former boards; providing for jurisdiction of

15         the new board; amending ss. 20.43, 468.1125,

16         468.1135, 468.1246, 468.1315, 484.041, and

17         484.0512, F.S.; conforming provisions to

18         changes made by the act; repealing ss. 484.042

19         and 484.043, F.S., relating to the Board of

20         Hearing Aid Specialists and its membership,

21         appointment, terms, and headquarters; providing

22         effective dates.

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  (1)  The Board of Speech-Language Pathology

27  and Audiology, created by section 468.1135, Florida Statutes,

28  and the Board of Hearing Aid Specialists, created by section

29  484.042, Florida Statutes, are merged into the Board of

30  Communication Disorders, created by this section.

31  

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    Florida Senate - 2005                                  SB 2058
    20-590A-05                                         See HB 1137




 1         (2)  The members of both former boards shall serve the

 2  balance of their terms as members of the Board of

 3  Communication Disorders. Vacancies shall be filled in

 4  accordance with section 468.1135, Florida Statutes, as amended

 5  by this act.

 6         (3)  All of the statutory powers, duties and functions,

 7  records, personnel, property, and unexpended balances of

 8  appropriations, allocations, or other funds for the

 9  administration of the Board of Speech-Language Pathology and

10  Audiology and the Board of Hearing Aid Specialists shall be

11  transferred by a type two transfer, as defined in section

12  20.06(2), Florida Statutes, from the Board of Speech-Language

13  Pathology and Audiology and the Board of Hearing Aid

14  Specialists to the Board of Communication Disorders.

15         (4)  The transfer of regulatory authority as provided

16  by this act shall not affect the validity of any judicial or

17  administrative action pending as of 11:59 p.m. on June 30,

18  2005, to which action the Board of Speech-Language Pathology

19  and Audiology and the Board of Hearing Aid Specialists are at

20  that time parties, and the Board of Communication Disorders

21  shall be substituted as a party in interest in any such

22  action.

23         (5)  Effective at 11:59 p.m. on June 30, 2005, the

24  Board of Speech-Language Pathology and Audiology and the Board

25  of Hearing Aid Specialists are abolished.

26         (6)  This section shall take effect upon this act

27  becoming a law.

28         Section 2.  Paragraph (g) of subsection (3) of section

29  20.43, Florida Statutes, is amended to read:

30         20.43  Department of Health.--There is created a

31  Department of Health.

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    Florida Senate - 2005                                  SB 2058
    20-590A-05                                         See HB 1137




 1         (3)  The following divisions of the Department of

 2  Health are established:

 3         (g)  Division of Medical Quality Assurance, which is

 4  responsible for the following boards and professions

 5  established within the division:

 6         1.  The Board of Acupuncture, created under chapter

 7  457.

 8         2.  The Board of Medicine, created under chapter 458.

 9         3.  The Board of Osteopathic Medicine, created under

10  chapter 459.

11         4.  The Board of Chiropractic Medicine, created under

12  chapter 460.

13         5.  The Board of Podiatric Medicine, created under

14  chapter 461.

15         6.  Naturopathy, as provided under chapter 462.

16         7.  The Board of Optometry, created under chapter 463.

17         8.  The Board of Nursing, created under part I of

18  chapter 464.

19         9.  Nursing assistants, as provided under part II of

20  chapter 464.

21         10.  The Board of Pharmacy, created under chapter 465.

22         11.  The Board of Dentistry, created under chapter 466.

23         12.  Midwifery, as provided under chapter 467.

24         13.  The Board of Communication Disorders

25  Speech-Language Pathology and Audiology, created under part I

26  of chapter 468 and part II of chapter 484.

27         14.  The Board of Nursing Home Administrators, created

28  under part II of chapter 468.

29         15.  The Board of Occupational Therapy, created under

30  part III of chapter 468.

31  

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    Florida Senate - 2005                                  SB 2058
    20-590A-05                                         See HB 1137




 1         16.  Respiratory therapy, as provided under part V of

 2  chapter 468.

 3         17.  Dietetics and nutrition practice, as provided

 4  under part X of chapter 468.

 5         18.  The Board of Athletic Training, created under part

 6  XIII of chapter 468.

 7         19.  The Board of Orthotists and Prosthetists, created

 8  under part XIV of chapter 468.

 9         20.  Electrolysis, as provided under chapter 478.

10         21.  The Board of Massage Therapy, created under

11  chapter 480.

12         22.  The Board of Clinical Laboratory Personnel,

13  created under part III of chapter 483.

14         23.  Medical physicists, as provided under part IV of

15  chapter 483.

16         24.  The Board of Opticianry, created under part I of

17  chapter 484.

18         25.  The Board of Hearing Aid Specialists, created

19  under part II of chapter 484.

20         25.26.  The Board of Physical Therapy Practice, created

21  under chapter 486.

22         26.27.  The Board of Psychology, created under chapter

23  490.

24         27.28.  School psychologists, as provided under chapter

25  490.

26         28.29.  The Board of Clinical Social Work, Marriage and

27  Family Therapy, and Mental Health Counseling, created under

28  chapter 491.

29         Section 3.  Subsection (2) of section 468.1125, Florida

30  Statutes, is amended to read:

31         468.1125  Definitions.--As used in this part, the term:

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    Florida Senate - 2005                                  SB 2058
    20-590A-05                                         See HB 1137




 1         (2)  "Board" means the Board of Communication Disorders

 2  Speech-Language Pathology and Audiology.

 3         Section 4.  Section 468.1135, Florida Statutes, is

 4  amended to read:

 5         468.1135  Board of Communication Disorders

 6  Speech-Language Pathology and Audiology.--

 7         (1)  There is created within the department the Board

 8  of Communication Disorders Speech-Language Pathology and

 9  Audiology, composed of nine seven members appointed by the

10  Governor and confirmed by the Senate.

11         (2)(a)  Six Four members of the board shall be persons

12  licensed by the board under this part, as follows:

13         1.  Two members shall be practicing speech-language

14  pathologists.

15         2.  Two members shall be practicing audiologists.

16         3.  Two members shall be hearing aid specialists who

17  have been licensed and practicing in this state for at least

18  the preceding 4 years.

19         (b)  One member shall be an otolaryngologist a

20  physician licensed pursuant to chapter 458 or chapter 459 who

21  is a neurologist, an otolaryngologist, or a pediatrician.

22         (c)  Two members shall be citizens of the state who are

23  communicatively impaired and who are not, and have never been,

24  licensed as a speech-language pathologist or an audiologist

25  and who are in no way connected with the practice of such

26  profession. Neither of the two shall derive economic benefit

27  from the fitting or dispensing of hearing aids. At least one

28  of the two shall be a hearing aid user but may neither be nor

29  have been a hearing aid specialist or a licensee of a closely

30  related profession. At least one of the two shall be

31  

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    Florida Senate - 2005                                  SB 2058
    20-590A-05                                         See HB 1137




 1  communicatively impaired. At least one of the two shall be 65

 2  years of age or older.

 3         (d)  At least one member of the board shall be 60 years

 4  of age or older.

 5         (3)  As the terms of the initial members expire, the

 6  Governor shall appoint successors who meet the requirements of

 7  subsection (2) for terms of 4 years. Members shall serve until

 8  their successors are appointed.

 9         (4)(a)  The board has authority to adopt rules pursuant

10  to ss. 120.536(1) and 120.54 to implement the provisions of

11  this part conferring duties upon it.

12         (b)  The board shall adopt rules requiring that each

13  prospective purchaser of a hearing aid be notified by the

14  attending audiologist, at the time of the initial examination

15  for fitting and sale of a hearing aid, of telecoil, "t" coil,

16  or "t" switch technology. The rules shall further require that

17  licensed audiologists make available to prospective purchasers

18  information regarding telecoils, "t" coils, or "t" switches.

19  These rules shall be effective on or before October 1, 1994.

20         (5)  All provisions of chapter 456 relating to

21  activities of regulatory boards shall apply to the board.

22         (6)  The board shall maintain its official headquarters

23  in Tallahassee.

24         Section 5.  Subsection (2) of section 468.1246, Florida

25  Statutes, is amended to read:

26         468.1246  Thirty-day trial period; purchaser's right to

27  cancel; notice; refund; cancellation fee.--

28         (2)  The board, in consultation with the Board of

29  Hearing Aid Specialists, shall prescribe by rule the terms and

30  conditions to be contained in the money-back guarantee and any

31  exceptions thereto. Such rule shall provide, at a minimum,

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    Florida Senate - 2005                                  SB 2058
    20-590A-05                                         See HB 1137




 1  that the charges for earmolds and service provided to fit the

 2  hearing aid may be retained by the licensee. The rules shall

 3  also set forth any reasonable charges to be held by the

 4  licensee as a cancellation fee. Such rule shall be effective

 5  on or before December 1, 1994. Should the board fail to adopt

 6  such rule, a licensee may not charge a cancellation fee which

 7  exceeds 5 percent of the total charge for a hearing aid alone.

 8  The terms and conditions of the guarantee, including the total

 9  amount available for refund, shall be provided in writing to

10  the purchaser prior to the signing of the contract.

11         Section 6.  Subsection (1) of section 468.1315, Florida

12  Statutes, is amended to read:

13         468.1315  Saving clauses.--

14         (1)  No judicial or administrative proceeding pending

15  pursuant to part I of chapter 468, Florida Statutes, 1989, on

16  October 1, 1990, shall be abated as a result of the repeal of

17  ss. 468.139, 468.140, 468.141, 468.142, 468.1425, 468.143,

18  468.144, 468.145, 468.146, 468.147, 468.148, and 468.149. In

19  any such unabated proceeding, the Board of Communication

20  Disorders Speech-Language Pathology and Audiology and the

21  department shall be deemed parties in interest and shall be

22  made parties to the proceeding.

23         Section 7.  Subsection (1) of section 484.041, Florida

24  Statutes, is amended to read:

25         484.041  Definitions.--As used in this part, the term:

26         (1)  "Board" means the Board of Communication

27  Disorders, created in s. 468.1135 Hearing Aid Specialists.

28         Section 8.  Subsection (2) of section 484.0512, Florida

29  Statutes, is amended to read:

30         484.0512  Thirty-day trial period; purchaser's right to

31  cancel; notice; refund; cancellation fee; criminal penalty.--

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    Florida Senate - 2005                                  SB 2058
    20-590A-05                                         See HB 1137




 1         (2)  The board, in consultation with the Board of

 2  Speech-Language Pathology and Audiology, shall prescribe by

 3  rule the terms and conditions to be contained in the

 4  money-back guarantee and any exceptions thereto. Such rule

 5  shall provide, at a minimum, that the charges for earmolds and

 6  service provided to fit the hearing aid may be retained by the

 7  licensee. The rules shall also set forth any reasonable

 8  charges to be held by the licensee as a cancellation fee. Such

 9  rule shall be effective on or before December 1, 1994. Should

10  the board fail to adopt such rule, a licensee may not charge a

11  cancellation fee which exceeds 5 percent of the total charge

12  for a hearing aid alone. The terms and conditions of the

13  guarantee, including the total amount available for refund,

14  shall be provided in writing to the purchaser prior to the

15  signing of the contract.

16         Section 9.  Sections 484.042 and 484.043, Florida

17  Statutes, are repealed.

18         Section 10.  Except as otherwise provided herein, this

19  act shall take effect July 1, 2005.

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