Ala. Admin. Code r. 870-X-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 870-X-2-.01 - Exemptions

Nothing in these rules and regulations or the current law shall be construed as preventing or restricting:

(a) Physicians or surgeons or persons under their supervision from engaging in the examining, testing and diagnosing of speech and auditory disorders in this state;

(b) A licensed hearing aid fitter and seller (dealer) from engaging in the practice of fitting, testing and selling hearing aids in this state;

(c) Any person licensed in this state by any other law from engaging in the profession or occupation for which that person is licensed;

(d) The activities and services of a person who holds a valid and current credential as a speech and/or hearing specialist issued by the Department of Education of this state, or a person who is employed as a speech-language pathologist or audiologist by the Government of the United States, if such person performs speech pathology and audiology services solely within the confines or under the jurisdiction of the organization by which he/she is employed: This provision does not exempt persons who perform speech-language pathology and audiology services outside the confines or jurisdiction of the Department of Education of this state or the Government of the United States. Such persons may, without obtaining a license under the act, consult with or disseminate his research findings and other scientific information to speech-language pathologists and/or audiologists outside the jurisdiction of the organization by which he/she is employed. Such person may also offer lectures to the public for a fee, monetary or other, without being licensed under the act. Such persons may additionally elect to be subject to and licensed under the provisions of this Act;

(e) Persons designated as an intern, trainee, or other such title, who are pursuing a course of study and/or training in speech-language pathology and/or audiology at a college or university. Such activities and services must be part of a supervised course of study and/or training at that institution or its cooperative programs approved by the University;

(f) The activities and services of a person fulfilling the Clinical Fellowship Year or Fourth-Year Internship if such person is registered as a clinical fellow with the Board;

(g) An unlicensed speech-language pathologist or audiologist, who resides in another state if:

1. The person meets the qualifications and requirements for application for licensure described herein; and

2. Services are performed for no more than seven days in any calendar year; and

3. Services are performed in cooperation with a speech-language pathologist, or audiologist licensed by the Board.

(h) A licensed speech-language pathologist or audiologist, who resides in another state and who is not licensed by the Board, may perform speech-language pathology or audiology services in this state provided:

1. The person is licensed under the laws of another state that has established licensure requirements at least equivalent to those established by the State of Alabama, or who holds a Certificate of Clinical Competence in speech-language pathology or audiology from the American Speech-Language-Hearing Association, or its equivalent; and

2. Services are performed for no more than 30 days in any calendar year; and

3. Services are performed in cooperation with a speech-language pathologist or audiologist licensed by the Board.

(i) Any practitioner seeking an exemption under paragraphs (g) or (h) must notify the Board.

(j) Any practitioner who does not meet the exemptions stated above must hold an Alabama license. This shall be required for all individuals providing services for consumers in Alabama via in-office practice as well as telepractice or any other electronic means.

Ala. Admin. Code r. 870-X-2-.01

Filed September 20, 1982. Amended: Filed December 12, 1988; May 17, 1991. Amended: August 28, 1997; effective October 3, 1997. Amended: Filed October 23, 2003; effective November 27, 2003. Amended: Filed September 14, 2006; effective October 19, 2006. Amended: Filed June 21, 2010; effective July 26, 2010.

Authors: David Savage, H. Gregory Adams, Kay Wilson, Ken Earley, Robert L. Rane, Paul Stevens, Lawrence Molt

Statutory Authority:Code of Ala. 1975, §§ 34-28A-1, et seq.