CHAPTER 399*
SPEECH AND LANGUAGE PATHOLOGISTS

      Sec. 20-408. Definitions. As used in this chapter, unless the context otherwise requires:

      (1) "The practice of speech and language pathology" means the application of principles, methods and procedures for the measurement, testing, diagnosis, prediction, counseling or instruction relating to the development and disorders of speech, voice or language or feeding and swallowing or other upper aerodigestive functions for the purpose of diagnosing, preventing, treating, ameliorating or modifying such disorders and conditions in individuals or groups of individuals, and includes screening individuals for hearing loss or middle ear pathology using otoacoustic emissions screening, screening tympanometry or conventional pure-tone air conduction methods, including otoscopic inspection.

      (2) "Licensed speech and language pathologist" means a person licensed under this chapter to practice speech and language pathology. "Speech and language pathologist" includes an individual who engages in the practice of speech and language pathology under any title or description of service incorporating the words speech pathologist, speech pathology, speech therapist, speech therapy, speech correction, speech correctionist, speech clinician, language pathologist, language pathology, aphasiologist, aphasia therapist, voice therapy, voice therapist, voice pathologist, phoniatrist, communication disorder specialist, communication specialist or any similar titles or description of services.

      (3) "Commissioner" means the Commissioner of Public Health.

      (4) "Department" means the Department of Public Health.

      (P.A. 73-570, S. 1, 12; P.A. 77-614, S. 336, 610; P.A. 82-472, S. 96, 183; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-360, S. 5, 32; P.A. 05-272, S. 22; P.A. 06-196, S. 252; P.A. 09-232, S. 61.)

      History: P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services and deleted former Subdiv. (a) defining "council" as advisory council on speech pathologists and audiologists, relettering remaining subdivisions accordingly, effective January 1, 1979; P.A. 82-472 replaced alphabetic Subdiv. indicators with numeric Subdiv. indicators; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-360 amended the definition of "the practice of audiology" in Subdiv. (3) by adding "including the fitting or selling of hearing aids"; P.A. 05-272 amended Subdiv. (1) by replacing "speech pathology" with "speech and language pathology" and expanding definition to include development and disorders of feeding and swallowing or other upper aerodigestive functions, and made conforming changes in Subdiv. (2); P.A. 06-196 made a technical change in Subdiv. (3), effective June 7, 2006; P.A. 09-232 redefined "the practice of speech and language pathology" in Subdiv. (1) and "licensed speech and language pathologist" in Subdiv. (2), deleted former Subdivs. (3) and (4) re definitions of "the practice of audiology" and "licensed audiologist", and redesignated existing Subdivs. (5) and (6) as Subdivs. (3) and (4).

      Sec. 20-409. Advisory Council on Speech Pathologists and Audiologists. Section 20-409 is repealed.

      (P.A. 73-570, S. 2, 12; P.A. 75-74; P.A. 77-614, S. 609, 610.)

      Sec. 20-410. License required. No person shall engage in or offer to engage in the practice of speech and language pathology or represent himself as a speech and language pathologist in this state unless such person is licensed or exempted under the provisions of this chapter.

      (P.A. 73-570, S. 3, 12; P.A. 74-222, S. 2, 4; P.A. 94-210, S. 8, 30; P.A. 05-272, S. 23; P.A. 09-232, S. 62.)

      History: P.A. 74-222 made no change; P.A. 94-210 removed reference to July 1, 1974, as beginning date of prohibition, effective June 9, 1994; P.A. 05-272 replaced "speech pathology" with "speech and language pathology" and made a technical change for the purpose of gender neutrality; P.A. 09-232 deleted "or audiology" and "or audiologist".

      Sec. 20-411. Qualification for licensure. Waiver of written examination. (a) Except as provided in subsection (b) of this section no person shall be licensed under this chapter until such person has successfully passed a written examination, the subject and scope of which shall be determined by the commissioner. Application for such examination shall be on forms prescribed and furnished by the department and accompanied by satisfactory proof that the applicant: (1) Is of good professional character; (2) possesses a master's or doctorate degree in speech and language pathology from a program accredited, at the time of the applicant's graduation, by the educational standards board of the American Speech-Language-Hearing Association or such successor organization as may be approved by the department, or has completed an integrated educational program which, at the time of the applicant's completion, satisfied the educational requirements of said organization for the award of a certificate of clinical competence; (3) has satisfactorily completed a minimum of thirty-six weeks, including not less than one thousand eighty hours of full-time, or a minimum of forty-eight weeks, including not less than one thousand four hundred forty hours of part-time professional employment in speech and language pathology under the supervision of a licensed or certified speech and language pathologist. Such employment shall follow the completion of the educational requirements of subdivision (2) of this subsection and shall consist of at least six sessions of supervision per month providing a total of at least four hours of supervision per month, at least two sessions of which shall provide a total of at least two hours of direct on-site observation of speech and language pathology services provided by the applicant. "Full-time employment" means a minimum of thirty hours a week and "part-time employment" means a minimum of fifteen hours a week.

      (b) The commissioner may waive the written examination for any person who (1) is licensed as a speech and language pathologist in another state or territory of the United States and such state or territory has licensing requirements at least equivalent to the requirements in this state; or (2) holds a certificate from a national professional organization, approved by the commissioner, in speech and language pathology.

      (P.A. 73-570, S. 4, 12; P.A. 74-222, S. 1, 4; P.A. 77-614, S. 337, 610; P.A. 78-55, S. 1-3; P.A. 80-484, S. 133, 176; P.A. 88-357, S. 14; P.A. 94-210, S. 9, 30; June Sp. Sess. P.A. 99-2, S. 19; P.A. 05-272, S. 24; P.A. 09-232, S. 63.)

      History: P.A. 74-222 added Subsec. (d) re temporary licenses; P.A. 77-614 deleted references to council in advisory role to commissioner re examinations, effective January 1, 1974; P.A. 78-55 changed cutoff date for renewal of temporary licenses in Subsec. (d) from July 1, 1978, to July 1, 1983; P.A. 80-484 made minor language changes and required that applicant be of good "professional" character rather than of good "moral" character in Subsec. (a); P.A. 88-357 deleted obsolete Subsecs. (c) and (d) re licensure without examination and temporary licenses; P.A. 94-210 amended Subsec. (2) to add accreditation organizations and a doctorate option; deleted Subdiv. (3) re clinical experience requirement and changed minimum supervised employment requirements from 9 months to 36 weeks and 1,080 hours of full-time and 18 months to a minimum of 48 weeks and 1,440 hours of part-time and made technical changes, effective June 9, 1994; June Sp. Sess. P.A. 99-2 amended Subsec. (a) to add exemption from temporary permit for persons engaged in employment under direct supervision of certain licensed specialists or audiologists and make technical changes; P.A. 05-272 amended Subsec. (a) by replacing "speech pathology" with "speech and language pathology", making technical changes and waiving the postgraduate supervised employment requirements of Subdiv. (3) for persons who meet the January 1, 2007, Standards for the Certificate of Clinical Competence in Audiology of the American Speech-Language Hearing Association, and amended Subsec. (b) to make conforming changes; P.A. 09-232 amended Subsec. (a) by deleting "or audiology" and "or audiologist", by revising supervisory requirements in Subdiv. (3), by deleting provision re supervision by hearing instrument specialist or audiologist, and by deleting provision waiving postgraduate supervision for persons who demonstrated clinical competency in audiology, and amended Subsec. (b) by deleting "or audiology" and "or audiologist" and by adding "or territory of the United States".

      Sec. 20-411a. Continuing education: Contact hours; qualifying activities; attestation; record-keeping; exemptions, waivers and extensions; reinstatement of void licenses. (a) Except as otherwise provided in this section, for registration periods beginning on and after October 1, 2011, each speech and language pathologist licensed under this chapter shall earn a minimum of twenty contact hours of continuing education within the preceding twenty-four-month period. Such continuing education shall be in an area of the licensee's practice and shall reflect the professional needs of the licensee in order to meet the speech and language pathology needs of the public.

      (b) Qualifying continuing education activities include, but are not limited to, workshops or courses, including on-line courses and journal studies with content accepted by the American Speech-Language-Hearing Association or such successor organization as may be approved by the department, offered by national and state speech-language-hearing associations, other regional speech-language groups, or other related professional societies and organizations as appropriate to the educational needs of the licensee, state and local education agencies, hospitals or other health care institutions, and accredited colleges and universities. One credit hour for each hour of attendance shall be recognized. Audited courses shall have hours of attendance documented.

      (c) Each licensee applying for license renewal pursuant to section 19a-88 shall sign a statement attesting that he or she has satisfied the continuing education requirements of subsection (b) of this section in a format prescribed by the department. Each licensee shall retain records of attendance or certificates of completion that demonstrate compliance with such continuing education requirements for a minimum of three years following the year in which the continuing education activities were completed and shall submit such records to the department for inspection not later than forty-five days after a request by the department for such records.

      (d) A licensee applying for the first time for license renewal pursuant to section 19a-88 is exempt from the continuing education requirements of this section.

      (e) A licensee who is not engaged in active professional practice in any form during a registration period shall be exempt from the continuing education requirements of this section, provided the licensee submits to the department, prior to the expiration of the registration period, a notarized application for exemption on a form prescribed by the department and such other documentation as may be required by the department. The application for exemption pursuant to this subsection shall contain a statement that the licensee may not engage in professional practice until the licensee has met the continuing education requirements of this section.

      (f) In individual cases involving medical disability or illness, the commissioner may, in the commissioner's discretion, grant a waiver of the continuing education requirements or an extension of time within which to fulfill the continuing education requirements of this section to any licensee, provided the licensee submits to the department, prior to the expiration of the registration period, an application for waiver on a form prescribed by the department, along with a certification by a licensed physician of the disability or illness and such other documentation as may be required by the commissioner. The commissioner may grant a waiver or extension for a period not to exceed one registration period, except that the commissioner may grant additional waivers or extensions if the medical disability or illness upon which a waiver or extension is granted continues beyond the period of the waiver or extension and the licensee applies for an additional waiver or extension.

      (g) Any licensee whose license has become void pursuant to section 19a-88 and who applies to the department for reinstatement of such license pursuant to section 19a-14 shall submit evidence documenting successful completion of ten contact hours of continuing education within the one-year period immediately preceding application for reinstatement.

      (P.A. 09-232, S. 67.)

      Sec. 20-412. Fees. License renewal. The fee for an initial license as provided for in section 20-411 as a speech and language pathologist shall be two hundred dollars. Licenses shall expire in accordance with section 19a-88 and shall become invalid unless renewed. Renewal may be effected upon payment of a fee of two hundred dollars and in accordance with section 19a-88.

      (P.A. 73-570, S. 5, 12; P.A. 74-222, S. 3, 4; P.A. 80-484, S. 134, 176; P.A. 81-471, S. 64, 71; P.A. 88-357, S. 15; P.A. 89-251, S. 146, 203; May Sp. Sess. P.A. 92-6, S. 41, 117; P.A. 95-360, S. 7; P.A. 05-272, S. 25; P.A. 09-232, S. 64; June Sp. Sess. P.A. 09-3, S. 257.)

      History: P.A. 74-222 included temporary licenses in fee provision; P.A. 80-484 changed renewal provisions to conform to Sec. 19-45 as of January 1, 1981, and deleted provision imposing $20 renewal fee for licenses not renewed in timely fashion and requiring reapplication as for initial license if license not renewed within five years of expiration; P.A. 81-471 deleted references to July expiration and renewal date; P.A. 88-357 removed provision imposing fees for examinations and reexaminations; P.A. 89-251 increased the license fee from $25 to $75, increased the fee for a combined license from $50 to $150 and increased the renewal fee from $15 to $45; May Sp. Sess. P.A. 92-6 increased license fee for speech pathologist or audiologist from $75 to $90, fee for a combined license from $150 to $180 and renewal fees from $45 to $90; P.A. 95-360 increased the license fee for a speech pathologist or audiologist and the renewal fee from $90 to $100; P.A. 05-272 replaced "speech pathologist" with "speech and language pathologist"; P.A. 09-232 deleted "or audiologist" and deleted provision re $180 fee for combined license as speech and language pathologist and audiologist; June Sp. Sess. P.A. 09-3 increased license and renewal fees from $100 to $200.

      Secs. 20-412a to 20-412c. Exemption for certain school speech and hearing specialists. Qualifications for school speech and hearing specialists seeking exemption. Functions which may be performed by persons working under school exemption program; supervision. Sections 20-412a to 20-412c, inclusive, are repealed, effective June 9, 1994.

      (P.A. 86-117, S. 1-3, 5; P.A. 93-381, S. 9, 39; P.A. 94-210, S. 29, 30.)

      Sec. 20-413. Permitted activities. Nothing in this chapter shall be construed as prohibiting:

      (1) Consulting with or disseminating research findings and scientific information to accredited academic institutions or governmental agencies or offering lectures to the public for a fee, monetary or otherwise;

      (2) The activities and services of a graduate student or speech and language pathology intern in speech and language pathology pursuing a course of study leading to a graduate degree in speech and language pathology at an accredited or approved college or university or a clinical training facility approved by the department, provided these activities and services constitute a part of his supervised course of study and that such person is designated as "Speech and Language Pathology Intern", "Speech and Language Pathology Trainee", or other such title clearly indicating the training status appropriate to his level of training;

      (3) (A) A person from another state offering speech and language pathology services in this state, provided such services are performed for no more than five days in any calendar year and provided such person meets the qualifications and requirements for licensing in this state; or (B) a person from another state who is licensed or certified as a speech and language pathologist by a similar authority of another state, or territory of the United States, or of a foreign country or province whose standards are equivalent to or higher than, at the date of his certification or licensure, the requirements of this chapter and regulations adopted hereunder, or a person who meets such qualifications and requirements and resides in a state or territory of the United States, or a foreign country or province which does not grant certification or license to speech and language pathologists, from offering speech and language pathology services in this state for a total of not more than thirty days in any calendar year;

      (4) The activities and services of a person who meets the requirements of subdivisions (1) and (2) of subsection (a) of section 20-411, while such person is engaged in full or part-time employment in fulfillment of the professional employment requirement of subdivision (3) of said subsection (a);

      (5) The use of supervised support personnel to assist licensed speech and language pathologists with tasks that are (A) designed by the licensed speech and language pathologists being assisted, (B) routine, and (C) related to maintenance of assistive and prosthetic devices, recording and charting or implementation of evaluation or intervention plans. For purposes of this subdivision, "supervised" means (i) not more than three support personnel are assisting one licensed speech and language pathologist, (ii) in-person communication between the licensed speech and language pathologist and support personnel is available at all times, and (iii) the licensed speech and language pathologist provides the support personnel with regularly scheduled direct observation, guidance, direction and conferencing for not less than thirty per cent of client contact time for the support personnel's first ninety workdays and for not less than twenty per cent of client contact time thereafter.

      (P.A. 73-570, S. 6, 12; P.A. 80-484, S. 161, 176; P.A. 86-117, S. 4, 5; P.A. 94-210, S. 10, 30; P.A. 97-213, S. 6; June Sp. Sess. P.A. 01-4, S. 20, 58; P.A. 05-272, S. 26; P.A. 09-232, S. 65.)

      History: P.A. 80-484 referred to "authority" rather than "board" of another state in Subsec. (d)(2); P.A. 86-117 added Subdiv. (h) pertaining to an exemption under Sec. 20-412a; P.A. 94-210 amend Subsec. (e) to make technical changes and deleted Subsec. (h) re exemptions that are repealed, effective June 9, 1994; P.A. 97-213 revised Subsec. and Subdiv. designations, added Subdiv. (8) re use of supervised support personnel and made technical changes; June Sp. Sess. P.A. 01-4 amended Subdiv. (7) by changing hearing aid dealers to hearing instrument specialists, effective July 1, 2001; P.A. 05-272 replaced "speech pathology" with "speech and language pathology" and made conforming changes in Subdivs. (2), (4) and (8); P.A. 09-232 deleted former Subdiv. (3) re audiology graduate student or intern, redesignated existing Subdivs. (4) and (5) as Subdivs. (3) and (4), deleted "or audiology" and "or audiologist" in redesignated Subdiv. (3), deleted former Subdivs. (6) and (7) re nurses and hearing instrument specialists and redesignated existing Subdiv. (8) as Subdiv. (5).

      Sec. 20-414. Disciplinary action; grounds. (a) The commissioner may refuse to issue a license or may suspend or revoke the license of any licensee or take any of the actions set forth in section 19a-17 in circumstances which have endangered or are likely to endanger the health, welfare, or safety of the public. Such circumstances include but are not limited to the following:

      (1) Obtaining a license by means of fraud or material misrepresentation or engaging in fraud or material deception in the course of professional services or activities;

      (2) Violation of professional conduct guidelines or code of ethics as established by regulations adopted by the department;

      (3) Violation of any provision of this chapter or regulations hereunder or section 20-404;

      (4) Physical or mental illness or emotional disorder or loss of motor skill, including but not limited to, deterioration through the aging process;

      (5) Abuse or excessive use of drugs, including alcohol, narcotics or chemicals;

      (6) Illegal, incompetent or negligent conduct in his practice.

      (b) The commissioner may order a license holder to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is the subject of an investigation. Said commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17.

      (P.A. 73-570, S. 7, 12; P.A. 80-484, S. 135, 176; P.A. 81-472, S. 54, 159; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6; 95-360, S. 6, 32.)

      History: P.A. 80-484 extended disciplinary actions to include those in Sec. 19-4s, revised Subdiv. (1) to include fraud or deception in course of professional services as well as fraud in obtaining license, replaced former Subdiv. (4) which had allowed disciplinary action for conviction of felony or offense involving moral turpitude with new ground re physical or mental incapacity, added Subdivs. (5) and (6) re drug or alcohol abuse and illegal, incompetent or negligent conduct and added Subsec. (b) re physical or mental examinations and petitions to court for enforcement of orders or actions; P.A. 81-472 made technical changes; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-360 added violation of Sec. 20-404 to Subdiv. (3).

      Sec. 20-415. Reissue of license. Discretion of Department of Health Services. Section 20-415 is repealed.

      (P.A. 73-570, S. 8, 12; P.A. 77-614, S. 338, 610; P.A. 80-484, S. 175, 176.)

      Sec. 20-416. Administrative proceedings. Appeals. Regulations. (a) Proceedings under this chapter and any appeals from the decisions or orders of the commissioner shall be in accordance with the provisions of chapter 54 and the regulations adopted by the Commissioner of Public Health.

      (b) The department may adopt regulations in accordance with chapter 54 for the administration of this chapter and for the conduct of the practice of speech and language pathology.

      (P.A. 73-570, S. 9, 10, 12; P.A. 77-614, S. 471, 610; P.A. 81-471, S. 66, 71; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 05-272, S. 27; P.A. 09-232, S. 66.)

      History: P.A. 77-614 required that proceedings conform to regulations of health services commissioner as well as to chapter 54 provisions in Subsec. (a), effective January 1, 1979; P.A. 81-471 deleted reference to council's advisory role in adoption of regulations re practice of speech pathology and audiology in Subsec. (b); P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 05-272 amended Subsec. (b) by replacing "speech pathology" with "speech and language pathology"; P.A. 09-232 amended Subsec. (b) by substituting "may" for "shall" re adoption of regulations and by deleting "and audiology".

      Sec. 20-417. Penalty. Any person who violates any of the provisions of this chapter or the regulations adopted hereunder shall be fined not more than five hundred dollars or imprisoned not more than five years, or be both fined and imprisoned. For purposes of this section, each instance of patient contact or consultation which is in violation of any provision of this chapter shall constitute a separate offense. Failure to renew a license in a timely manner shall not constitute a violation for the purposes of this section.

      (P.A. 73-570, S. 11, 12; P.A. 84-526, S. 14.)

      History: P.A. 84-526 amended section by changing penalty for violation of any provision of chapter to a fine of not more than $500 or imprisonment of not more than five years, and added provisions that each instance of patient contact or consultation shall constitute a separate offense and failure to renew license in timely manner is not a violation for purposes of section.