For purposes of this chapter:
(1) “Audiologist” means a person who is licensed to practice audiology pursuant to this chapter and who offers such services to the public under any title or description of services incorporating the words “audiologist,” “hearing clinician,” “hearing therapist,” “aural rehabilitator,” or any other similar title or description of service.
(2) “Board” means the State Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers established in this chapter.
(3) “Division” means the state Division of Professional Regulation.
(4) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such that it impairs an individual’s ability to perform the work of a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser.
(5) “Hearing aid dispenser” means a person licensed to dispense prescription hearing aids pursuant to this chapter.
(6) “Over-the-counter hearing aid” means an air-conduction hearing aid that does not require implantation or other surgical intervention, and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. The device, through tools, tests, or software, allows the user to control the hearing aid and customize it to the user’s hearing needs. The device may use wireless technology or may include tests for self-assessment of hearing loss. The device is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online, provided that the device satisfies the requirements in this section.
(7) “Person” means a corporation, company, association, or partnership, as well as an individual. Licenses shall be issued only to individuals under this chapter.
(8) “Practice of audiology” means the application of principles, methods and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, and rehabilitation related to hearing, disorders of hearing, and balance for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups. For the purpose of this paragraph, the terms “habilitation” and “rehabilitation” include hearing aid evaluation, recommendation, and fitting and selecting, adapting, and distributing or selling of hearing aids. The practice of audiology includes the practice of dispensing prescription hearing aids.
(9) “Practice of hearing aid dispensing” means the selection, fitting, dispensing, adapting, selling, or renting of prescription hearing aids to a prospective hearing aid user who is at least 18 years of age.
a. A hearing aid dispenser may:
1. Perform otoscopic observation of the ear canal solely for the purpose of fitting a prescription hearing aid or making necessary referrals.
2. Perform nondiagnostic testing of hearing solely for the purpose of fitting a prescription hearing aid or making necessary referrals.
3. Make ear impressions for manufacture or modification of ear molds and prescription hearing aids.
4. Make adjustments and repairs to prescription hearing aids for impaired hearing only.
5. Provide instruction, orientation, and counseling on the use and operation of a prescription hearing aid.
b. A hearing aid dispenser may not:
1. Provide cerumen management services.
2. Adapt or adjust prescription hearing aids to conduct sound therapy treatment for tinnitus management.
3. Verbally or in writing make a statement or reference to a prospective prescription hearing aid user regarding any audiologic or medical condition or diagnosis.
c. For the purpose of this paragraph, “audiologic diagnosis” means the diagnosis of a conductive and sensorineural hearing loss. Before dispensing a prescription hearing aid, a hearing aid dispenser shall advise a prospective hearing aid user to consult immediately with a licensed physician if the hearing aid dispenser determines the presence of any of the following:
1. Visible congenital or traumatic deformity of the ear.
2. History of active drainage from the ear within the previous 90 days.
3. History of sudden or rapidly progressive hearing loss within the previous 90 days.
4. Acute or chronic dizziness.
5. Unilateral hearing loss within the previous 90 days or since the last evaluation.
6. Audiometric air bone gap equal to or greater than 15 dB at 500 Hertz, 100 Hertz, and 2000 Hertz.
7. Visible evidence of significant cerumen accumulation or a foreign body in the ear canal.
8. Tinnitus as a primary symptom.
9. Pain or discomfort in the ear.
(10) “Practice of speech/language pathology” means the application of principles, methods, and procedures for measurement, testing, evaluation, prediction, counseling, instruction, habilitation, or rehabilitation related to the development and disorders of speech, language, voice, fluency, cognition, and swallowing for the purpose of evaluating, preventing, ameliorating, or modifying such disorders in individuals and groups.
(11) “Prescription hearing aid” means a hearing aid that is not an over-the-counter hearing aid as defined in this section.
(12) “Speech/language pathologist” means a person who is licensed to practice speech/language pathology pursuant to this chapter and who offers such services to the public under any title or description of services incorporating the words “speech/language pathologist,” “speech pathologist,” “language pathologist,” “speech and/or language therapist,” “speech and/or language correctionist,” “speech and/or language clinician,” “voice therapist,” “communicologist,” “aphasiologist,” or any other similar title or description of service.
(13) “Speech/language pathology assistant” means a person licensed by the Board who performs tasks prescribed, directed, and supervised by a licensed speech/language pathologist.
a. A speech/language pathology assistant may do all of the following under the supervision of a licensed speech/language pathologist:
1. Conduct speech and language screenings without interpretation, using screening protocols specified by the supervising speech/language pathologist.
2. Provide direct treatment assistance identified by the supervising speech/language pathologist by following written treatment plans, individualized education programs, individual support plans, or protocol developed by the supervising speech/language pathologist.
3. Document patient, client, or student progress toward meeting established objectives as stated in the treatment plan, individual support plan, or individualized education program without interpreting the findings and report this information to the supervising speech/language pathologist.
4. Assist the supervising speech/language pathologist in collecting and tallying data for assessment purposes, without interpreting the data.
5. Assist with informal documentation during an intervention session by collecting and tallying data as directed by the supervising speech/language pathologist, preparing materials, and assisting with other clerical duties as specified by the supervising speech/language pathologist.
6. Schedule activities and prepare charts, records, graphs, or other displays of data.
7. Perform checks and maintenance of equipment.
8. Participate with the supervising speech/language pathologist in research projects, in-service training, and public relations programs.
9. Sign and initial treatment notes for review and co-signature by the supervising speech/language pathologist.
b. A speech/language pathology assistant may not do any of the following:
1. Conduct swallowing screening, assessment, and intervention protocols, including modified barium swallow studies.
2. Administer standardized or nonstandardized diagnostic tests or formal or informal evaluations or interpret test results.
3. Participate in parent conferences, case conferences, or any interdisciplinary team meeting without the presence of the supervising speech/language pathologist.
4. Write, develop, or modify a patient’s, client’s, or student’s treatment plan, individual support plan, or individualized education program, whether or not prepared by the supervising speech/language pathologist.
5. Provide intervention for patients, clients, or students without following the treatment plan, individual support plan, or individualized education program prepared by the supervising speech/language pathologist.
6. Sign any formal documents, including treatment plans, individualized education programs, reimbursement forms, or reports.
7. Select patients, clients, or students for services.
8. Discharge patients, clients, or students from services.
9. Unless required by law, disclose clinical or confidential information orally or in writing to anyone not designated by the supervising speech/language pathologist.
10. Make a referral for any additional service.
11. Communicate with the patient, client, or student or with the family or others regarding any aspect of the patient, client, or student status without the specific consent of the supervising speech/language pathologist.
12. Claim to be a speech/language pathologist.
13. Write a formal screening, diagnostic, progress, or discharge note.
14. Perform any task without the express knowledge and approval of the supervising speech/language pathologist.
(14) “State” means the State of Delaware.
(15) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of speech/language pathology, speech/language pathology assistant, audiology, and/or the dispensing of hearing aids.
(16) “Supervising speech/language pathologist” means a licensed speech/language pathologist who meets the requirements of the Board’s rules and regulations and who provides direction and evaluation of the tasks assigned to the speech/language pathology assistant, including direct and indirect supervision as set forth in the Board’s rules and regulations.