58-41-4 - Exemptions from chapter.
58-41-4. Exemptions from chapter.
(1) In addition to the exemptions from licensure in Section 58-1-307, the followingpersons may engage in the practice of speech-language pathology and audiology subject to thestated circumstances and limitations without being licensed under this chapter:
(a) a qualified person licensed in this state under any law existing in this state prior toMay 13, 1975, from engaging in the profession for which he is licensed;
(b) a medical doctor, physician, or surgeon licensed in this state, from engaging in hisspecialty in the practice of medicine;
(c) a hearing aid dealer or salesman from selling, fitting, adjusting, and repairing hearingaids, and conducting hearing tests solely for that purpose. However, a hearing aid dealer may notconduct audiologic testing on persons under the age of 18 years except under the directsupervision of an audiologist licensed under this chapter;
(d) a person who has obtained a valid and current credential issued by the Utah StateOffice of Education while performing specifically the functions of a speech-language pathologistor audiologist, in no way in his own interest, solely within the confines of and under the directionand jurisdiction of and only in the academic interest of the schools by which employed in thisstate;
(e) a person employed as a speech-language pathologist or audiologist by federalgovernment agencies or subdivisions or, prior to July 1, 1989, by state or local governmentagencies or subdivisions, while specifically performing speech-language pathology or audiologyservices in no way in his own interest, solely within the confines of and under the direction andjurisdiction of and in the specific interest of that agency or subdivision;
(f) a person identified in Subsections (1)(d) and (e) may offer lectures for a fee, ormonetary or other compensation, without being licensed; however, such person may elect to besubject to the requirements of this chapter;
(g) a person employed by accredited colleges or universities as a speech-languagepathologist or audiologist from performing the services or functions described in this chapterwhen they are:
(i) performed solely as an assigned teaching function of employment;
(ii) solely in academic interest and pursuit as a function of that employment;
(iii) in no way for their own interest; and
(iv) provided for no fee, monetary or otherwise, other than their agreed institutionalsalary;
(h) a person pursuing a course of study leading to a degree in speech-language pathologyor audiology while enrolled in an accredited college or university, provided those activitiesconstitute an assigned, directed, and supervised part of his curricular study, and in no otherinterest, and that all examinations, tests, histories, charts, progress notes, reports,correspondence, and all documents and records which he produces be identified clearly as havingbeen conducted and prepared by a student in training and that such a person is obviouslyidentified and designated by appropriate title clearly indicating the training status and providedthat he does not hold himself out directly or indirectly as being qualified to practiceindependently;
(i) a person trained in elementary audiometry and qualified to perform basic audiometrictests while employed by a licensed medical doctor to perform solely for him while under hisdirect supervision, the elementary conventional audiometric tests of air conduction screening, air
conduction threshold testing, and tympanometry;
(j) a person while performing as a speech-language pathologist or audiologist for thepurpose of obtaining required professional experience under the provisions of this chapter, if hemeets all training requirements and is professionally responsible to and under the supervision ofa speech-language pathologist or audiologist who holds the CCC or a state license inspeech-language pathology or audiology. This provision is applicable only during the time thatperson is obtaining the required professional experience;
(k) a corporation, partnership, trust, association, group practice, or like organizationengaging in speech-language pathology or audiology services without certification or license, if itacts only through employees or consists only of persons who are licensed under this chapter;
(l) performance of speech-language pathology or audiology services in this state by aspeech-language pathologist or audiologist who is not a resident of this state and is not licensedunder this chapter if those services are performed for no more than one month in any calendaryear in association with a speech-language pathologist or audiologist licensed under this chapter,and if that person meets the qualifications and requirements for application for licensuredescribed in Section 58-41-5; and
(m) a person certified under Title 53A, State System of Public Education, as a teacher ofthe deaf, from providing the services or performing the functions he is certified to perform.
(2) No person is exempt from the requirements of this chapter who performs or providesany services as a speech-language pathologist or audiologist for which a fee, salary, bonus,gratuity, or compensation of any kind paid by the recipient of the service; or who engages anypart of his professional work for a fee practicing in conjunction with, by permission of, or apartfrom his position of employment as speech-language pathologist or audiologist in any branch orsubdivision of local, state, or federal government or as otherwise identified in this section.
Amended by Chapter 324, 2010 General Session