Current Status Introducing Body:House Bill Number:4467 Primary Sponsor:Kirsh Type of Legislation:GB Subject:Hearing aid specialists Residing Body:House Companion Bill Number:1063 Date Tabled:19940407 Computer Document Number:PT/22349DW.94 Introduced Date:19940112 Last History Body:House Last History Date:19940407 Last History Type:Tabled Scope of Legislation:Statewide All Sponsors:Kirsh Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4467 House 19940407 Tabled
4467 House 19940329 Debate adjourned until
Thursday, April 7, 1994
4467 House 19940224 Committee Report: Favorable 27
with amendment
4467 House 19940112 Introduced, read first time, 27
referred to Committee
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COMMITTEE REPORT
February 24, 1994
H. 4467
S. Printed 2/24/94--H.
Read the first time January 12, 1994.
To whom was referred a Bill (H. 4467), to amend Sections 40-25-30, 40-25-40, and 40-25-80, all as amended, Code of Laws of South Carolina, 1976, relating to the powers and duties of the Department of Health and Environmental Control, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by deleting Section 40-25-30(8) and inserting:
/(8) enforce this chapter and appoint an equal number of licensed hearing aid specialists and licensed audiologists who also are licensed hearing aid specialists to conduct or supervise the examination;/
Amend further by adding an appropriately numbered section to read:
/Section . Section 40-25-30 of the 1976 Code is amended by adding at the end:
/(13) appoint members of the commission and other individuals who are not audiologists to conduct and supervise the written and practical examinations./
Amend further by deleting Section 40-25-40(B)(1)(a) and inserting:
/(a) four five licensed hearing aid specialists, and each must be a principal dealer of a different manufacturer's hearing aid who are not audiologists;/
Amend title to conform.
Renumber sections to conform.
DAVE C. WALDROP, JR., for Committee.
1. Estimated Cost to State-First Year$-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
House Bill 4467 amends Sections 40-25-30, 40-25-40, and 40-25-80 of the South Carolina Code of Laws, 1976, relating to the powers and duties of the Department of Health and Environmental Control with regard to the licensing of persons engaging in the practice of specializing in hearing aids, the Commission of Hearing Aid Specialists, and exceptions to the applicability of Chapter 25 of Title 40 (the practice of specializing in hearing aids) so as to delete the requirement that the Department appoint licensed hearing aid specialists to conduct or supervise the examination of applicants for licenses, increase from four to five the number of licensed hearing aid specialists on the Commission and change their qualifications for serving on the Commission, and provide that Chapter 25 of Title 40 does not apply to an audiologist licensed to practice in South Carolina. The bill amends Section 40-25-110 relating to the qualifications of applicants for examination as a hearing aid specialist, so as to delete provisions relating to audiologists being licensed without written examination and a practical test.
The proposed legislation, if enacted, would limit Commission members only to conduct supervisor hearing aid specialists examination. If this were done, examiners would be limited thus requiring additional examinations to be scheduled and additional per diem and mileage to be paid to the Commission examiners. Estimated cost per year is $700 for the extra examinations. It is further estimated that an audiologist, if deleted from the Commission, would probably be requested on a consultant basis for 30 hours per year at approximately $100/hr. The Commission costs must be offset by the revenue generated by the fees imposed by the Commission. There is no cost to the general fund of the state.
This is a companion bill to Senate Bill 1063.
Prepared By: Approved By:
Edward P. Brophy George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND SECTIONS 40-25-30, 40-25-40, and 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.
Whereas, it is the intent of the General Assembly that the amendments to Act 312 of 1992, as contained in this act, be construed to give a hearing aid specialist the right to test human hearing to determine the need for the use of a hearing aid. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-25-30(8) of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:
"(8) enforce this chapter and appoint an equal number of licensed hearing aid specialists and licensed audiologists who also are licensed hearing aid specialists of the commission to conduct or supervise the examination;"
SECTION 2. Section 40-25-40(B)(1) of the 1976 Code, as last amended by Act 313 of 1992, is further amended to read:
"(B)(1) Members of the commission must be residents of the State. The commission consists of:
(a) four five licensed hearing aid specialists, and each must be a principal dealer of a different manufacturer's hearing aid who are not audiologists;
(b) one otolaryngologist;
(c) one audiologist;
(d)(c) one representative of the general public who is a user of a hearing aid, is not associated with a hearing aid specialist or manufacturer, and is not a member of the other groups or professions required to be represented on the commission;
(e)(d) the State Health Officer or his designee."
SECTION 3. Section 40-25-80(A)(2) of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:
"(2) apply to a physician or audiologist licensed to practice in South Carolina;"
SECTION 4. Section 40-25-110 of the 1976 Code, as last amended by Act 312 of 1992, is further amended to read:
"Section 40-25-110. (A) An applicant may obtain a license by successfully passing a qualifying examination if he:
(1) is at least twenty-one years of age;
(2) has an education equivalent to a four-year course in an accredited high school.
(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application and payment of the fee provided in Section 40-25-100 without written examination. Upon presentation of a certificate of clinical competence in audiology or a substantial equivalent, as determined by the State Board of Examiners in Speech/Language Pathology and Audiology, an audiologist also is exempt from a practical test. (Reserved)
(C) An applicant for license by examination shall appear at a time, place, and before persons the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to engage in the practice of specializing in hearing aids. The examination administered as directed by the department constituting standards for licensing must not be conducted so that college training is required to pass the examination. Nothing in this examination may imply that the applicant possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission.
(D) The department shall give examinations at least once a year."
SECTION 5. This act takes effect upon approval by the Governor.