| 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. |