An Act To Create the Board of Speech-language Pathology, Audiology and Hearing Aid Dealing and Fitting March 21, 2007
Maine Legislature, Session 123, LD 1623
Committee: Business, Research and Economic Development
Sponsors: BROMLEY, MacDONALD, COURTNEY, PERRY, CLEARY, RECTOR
Amends: 5 MRSA §5301, 5 MRSA §5303, 5 MRSA §12004-A, 32 MRSA §17201, 10 MRSA §1500, 10 MRSA §8001

Legislative Document 
No. 1623 
S.P.567 
An Act To Create the Board of Speech-language Pathology, 
Audiology and Hearing Aid Dealing and Fitting 
March 21, 2007 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative MacDONALD of Boothbay and Senators: COURTNEY of 
York, PERRY of Penobscot, Representatives: CLEARY of Houlton, RECTOR of Thomaston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §5301, sub-§2, ~, as amended by PL 2005, c. 347, Pt. A, 
§ 1, is further amended to read: 
E. 
Convictions for which incarceration for less than one year may be imposed and 
that involve sexual misconduct by an applicant for massage therapy licensure or a 
licensed massage therapist or an applicant or licensee of the Board of Licensure in 
Medicine, the Board of Osteopathic Licensure, the Board of Dental Examiners, the 
State Board of Examiners of Psychologists, the State Board of Social Worker 
Licensure, the Board of Chiropractic Licensure, the State Board of Examiners in 
Physical Therapy, the State Board of Alcohol and Drug Counselors, the Board of 
Respiratory Care Practitioners, the Board of Counseling Professionals Licensure, the 
Board of Occupational Therapy Practice, the Board of ExamiRers OR Speech-
language Pathology aad~ Audiology, the "Boarel of and Hearing Aid Dealers Dealing 
and Fitters Fitting, the Radiologic Technology Board of Examiners, the Nursing 
Home Administrators Licensing Board, the Board of Licensure of Podiatric 
Medicine, the Board of Complementary Health Care Providers, the Maine Board of 
Pharmacy, the Board of Trustees of the Maine Criminal Justice Academy, the State 
Board of Nursing and the Emergency Medical Services' Board. 
Sec. A-2. 5 MRSA §5303, sub-§2, as amended by PL 2005, c. 347, Pt. A, §2, is 
further amended to read: 
2. Ten-year limits. For applicants to and licensees and registrants of the Board of 
Licensure in Medicine, the Board of Osteopathic Licensure, the Board of Dental 
Examiners, the State Board of Examiners of Psychologists, the State Board of Social 
Worker Licensure, the State Board of Nursing, the Board of Chiropractic Licensure, the 
Board of Trustees of the Maine Criminal Justice Academy, the State Board of Examiners 
in Physical Therapy, the State Board of Alcohol and Drug Counselors, the Board of 
Respiratory Care Practitioners, the Board of Counseling Professionals Licensure, the 
Board of Occupational Therapy Practice, the Board of E~(amiRers on Speech-language 
Pathology aad~ Audiology, the "Boarel of and Hearing Aid Dealers Dealing and Fitters 
Fitting, the Radiologic Technology Board of Examiners, the Nursing Home 
Administrators Licensing Board, the Board of Licensure of Podiatric Medicine, the Board 
of Complementary Health Care Providers, the Maine Board of Pharmacy, and the 
Emergency Medical Services' Board and applicants for massage therapy licensure or 
licensed massage therapists, the following apply. 
A. 
The procedures outlined in sections 5301 and 5302 for the consideration of prior 
criminal conviction as an element of fitness to practice a licensed profession, trade or 
occupation apply within 10 years of the applicant's or licensee's final discharge, if 
any, from the correctional system. 
B. 
Beyond the 10-year period, ex-offender applicants or licensees with no 
additional convictions must be considered in the same manner as applicants or 
licensees possessing no prior criminal record for the purposes of licensing decisions. 
.. 
C. 
There is no time limitation for consideration of a registrant's, an applicant's or 
licensee's conduct that gave rise to the criminal conviction if that conduct is otheIWise 
a ground for disciplinary action. 
Sec. A-3. 5 MRSA §12004-A, sub-§20, as enacted by PL 1987, c. 786, §5, is 
repealed. 
Sec. A-4. 5 MRS A §12004-A, sub-§39, as amended by PL 1999, c. 687, Pt. B, 
§ 1, is repealed. 
Sec. A-5. 5 MRSA §12004-A, sub-§48 is enacted to read: 
Board of Speech-language 
Pathology, Audiology and 
Hearing Aid Dealing and 
Fitting 
$351Day 
PART B 
MRSA §17201 
Sec. B-1. 10 MRSA §1500, sub-§1, as enacted by PL 1997, c. 235, §1, is 
amended to read: 
1. Assistive device. "Assistive device" means any device that a consumer purchases 
or accepts transfer of in this State that is used within manufacturer specifications by a 
person with a disability within the meaning of the federal Americans with Disabilities Act 
to offset the effect of the disability and enhance function in carrying out a major life 
activity. "Assistive device" includes, but is not limited to, manual wheelchairs, motorized 
wheelchairs, motorized scooters and other aids that enhance the mobility of the 
individual; hearing aids, telephone communications devices for the deaf, or TDD, 
assistive listening devices and other aids that enhance an individual's ability to hear; voice 
synthesized computer modules, optical scanners, talking software, braille printers and 
other devices that enhance a sight-impaired individual's ability to communicate; and any 
other assistive device that enables a person with a disability to communicate, see, hear or 
maneuver. "Assistive device" does not include a hearing aid as defined by Title 32, 
section~ 17101, subsection~ li. 
Sec. B-2. 10 MRS A §8001, sub-§38, V, as enacted by PL 1995, c. 397, §II, is 
repealed. 
Sec. B-3. 10 MRSA §8001, sub-§38, ~F, as enacted by PL 1995, c. 397, §Il, 
is repealed. 
Sec. B-4. 10 MRS A §8001, sub-§38, ~ 
as enacted by PL 1995, c. 560, Pt. 
H, §4 and affected by § 17, is amended to read: 
KK. 
Board of Boiler Rules; aad 
Sec. B-S. 10 MRSA §8001, suh-§38, ~L, as enacted by PL 1995, c. 560, Pt. H, 
§4 and affected by § 17, is amended to read: 
LL. 
Board of Elevator and Tramway Safety~; and 
Sec. B-6. 10 MRSA §8001, sub-§38, ~M 
is enacted to read: 
MM. Board of Speech-language Pathology, Audiology and Hearing Aid Dealing and 
Fitting. 
PARTC 
Sec. C-l. 32 MRSA c. 23-A, as amended,is repealed. 
Sec. C-2. 32 MRSA c. 77, as amended,is repealed. 
Sec. C-3. 32 MRS A c. 137 is enacted to read: 
CHAPTER 137 
BOARD OF SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND 
HEARING AID DEALING AND FITTING 
SUBCHAPTER 1 
GENERAL PROVISIONS 
§17101. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Accredited. "Accredited" means an educational institution that is approved by the 
United States Department of Education, or one of its regionally accredited agencies. 
2. 
Audiologist. 
"Audiologist" means an individual who is licensed under this 
chapter and practices audiology and who by virtue of academic and practical training 
presents that person to the public by the title or description of services incorporating the 
words audiologist, hearing clinician, hearing therapist or a similar title or description of 
servIce. 
3. 
Audiology. "Audiology" means the application of theories, principles and 
procedures related to hearing and balance disorders for the purposes of assessment and 
treatment. 
4. Board. "Board" means the Board of Speech-Language Pathology, Audiology and 
Hearing Aid Dealing and Fitting pursuant to section 17201. 
.. 
5. Calibration. "Calibration" means the objective adjustment of a machine to an 
accepted standard. The board shall adopt rules to define recalibration, accepted standards 
and calibration check. 
6. 
Code of ethics. "Code of ethics" means the code of ethics pertaining to the 
practices of speech-language pathology, audiology and hearing aid dealing and fitting 
adopted by the board. 
7. Commissioner. "Commissioner" means the Commissioner of Professional and 
Financial Regulation. 
8. Hearing aid. "Hearing aid" means a wearable instrument or device designed for 
or offered for the purpose of aiding or compensating for impaired human hearing and any 
parts, attachments or accessories, including ear molds, but excluding batteries and cords. 
9. Hearing aid dealer and fitter. "Hearing aid dealer and fitter" means an individual 
licensed under this chapter who engages in the practice of dealing in and fitting of 
hearing aids. 
10. Practice of dealing in and fitting of hearing aids. "Practice of dealing in and 
fitting of hearing aids" means, but is not limited to, the selection, adaptation or sale of 
hearing aids, or parts of hearing aids; the testing of hearing by means of an audiometer or 
equivalent measurement of hearing; the making of impressions for ear molds; and hearing 
aid orientation that includes instruction in use and care of the instrument, information 
regarding expectations and limitations, information regarding the availability of 
additional services to meet associated needs, auditory rehabilitation, communication 
therapy and additional special counseling services and information regarding follow-up 
services, malfunctioning of hearing aids, mechanical adjustment or repair or remakes of 
hearing aids or ear molds. 
11. Sell or sale. "Sell" or "sale" means a transfer of title or of the right to use by 
lease, bailment or any other contract, between a licensed hearing aid dealer and fitter or a 
licensed audiologist and a purchaser, but does not include wholesale transactions. 
12. 
Speech-language pathologist. "Speech-language pathologist" means an 
individual who is licensed under this chapter and who practices speech-language 
pathology and who by virtue of academic and practical training presents the individual to 
the public by any title or description of services incorporating the words speech 
pathologist, speech therapist, speech correctionist, speech clinician, language pathologist, 
language therapist, logopedist, communicologist, voice therapist, voice pathologist or any 
similar title or description of service. 
13. Speech-language pathologist and audiologist. "Speech-language pathologist 
and audiologist" means an individual who is dually licensed under this chapter and who 
practices speech-language pathology and audiology. 
14. 
Speech-language pathology. "Speech-language patholo!!V" means the 
application of theories, principles and procedures related to development and disorders of 
language and speech for purposes of assessment and treatment. 
15. Speech-language pathology aide. "Speech-language pathology aide" means an 
individual who meets minimum qualifications that the board may establish for speech-
language pathology aides that are less than those qualifications established by this chapter 
as necessary for licensure as a speech-language pathologist and less than those 
established by the Department of Education for school personnel and who works under 
the supervision of a licensed speech-language pathologist. 
16. Speech-language pathology assistant. "Speech-language pathology assistant" 
means an individual who meets minimum qualifications that the board may establish for 
speech-language pathology assistants, that are less than those qualifications established 
by this chapter for licensure, but must include an associate's degree or its eguivalent as 
determined by the board, in the field of communication disorders. 
17. 
Supervision. "Supervision" means the direct observation of work and the 
assessment of written records of service by a licensed speech pathologist, licensed 
audiologist, licensed physician or licensed hearing aid dealer and fitter licensed under this 
chapter commensurate with the skills ofthe individual as determined by the supervisor. 
18. Temporary license. "Temporary license" means an individual who is licensed 
under this chapter and practices audiology or speech-language pathology while under 
supervision and training of an individual who holds a valid license in good standing in the 
appropriate specialty under this chapter. 
19. Trainee permit. "Trainee permit" means an individual licensed under this 
chapter who practices in hearing aid dealing and fitting while under supervision and 
training of an individual who holds a valid license in good standing to practice hearing 
aid dealing and fitting under this chapter. 
§17102. Individuallicense 
Only an individual may be licensed under this chapter and only a licensed individual 
may provide services for which a license is required under this chapter. 
§17103. License required 
The board shall issue a license to an individual that meets the eligibility reguirements 
of this chapter and files an application accompanied by the fees as set under section 
17309. 
1. Audiology. Licensure may be granted to an individual who meets the minimum 
qualifications established by the board. An individual may not practice or present that 
individual as an audiologist in this State unless licensed in accordance with the laws of 
this State. 
2. Hearing aid dealing and fitting. Licensure may be granted to an individual who 
meets the minimum qualifications established by the board. A license issued under this 
section confers on the holder the right to select, fit and sell hearing aids. An individual 
may not engage in the sale of or practice of dealing in and fitting of in hearing aids or 
display a sign or present that individual to be an individual who practices the fitting of, 
dealing in and sale of hearing aids unless licensed under this chapter. 
.. 
3. Speech-language pathology. Licensure may be granted to an individual who 
meets the minimum Qualifications established by the board. An individual may not 
practice or present that individual as a speech-language pathologist unless licensed in 
accordance with the laws of this State. 
4. Speech-language pathology and audiology. Licensure may be granted to an 
individual who meets the minimum qualifications established by the board. 
An 
individual may not practice or present that individual as a speech-language pathologist or 
audiologist unless licensed in accordance with the laws of this State. 
5. Speech-language pathology aides. Registration may be granted to an individual 
who meets the minimum qualifications established by the board for a speech-language 
pathology aide and who submits: 
A. Evidence of 2 years of postsecondary education; 
B. A training plan submitted by a licensed speech-language pathologist; and 
C. A valid registration as a speech-language pathology aide under former section 
6004, subsection 2 on December 31, 2004. 
This subsection is repealed January 1, 2008. 
6. 
Speech-language pathology assistants. Registration may be granted to an 
individual who meets the minimum Qualifications for a speech-language pathology 
assistant established by the board and who is supervised by a licensed speech-language 
pathologist, as set forth by the board by rule. Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
§ 171 04. Exemptions to audiology and speech-language pathology 
Nothing in this chapter may be construed as preventing or restricting: 
1. Hearing aid dealer and fitter. A hearing aid dealer and fitter licensed under this 
chapter or the holder of a trainee permit under this chapter from the fitting of hearing aids 
or the testing of hearing for the purpose of fitting hearing aids; 
2. Individual holding valid and current credential. An individual who holds a 
valid and current credential as a speech-language or hearing clinician, issued by the 
Department of Education, from providing services within a local educational agency or 
an individual employed as a speech-language pathologist or audiologist by the Federal 
Government, if the individual performs speech-language pathology or audiology services 
solely within the confines or under the jurisdiction of the organization by which that 
individual is employed. The individual may, without obtaining a license under this 
chapter, consult with or disseminate research findings and other scientific information to 
speech-language pathologists and audiologists outside the jurisdiction of the organization 
by which that individual is employed. The individual may also offer lectures to the public 
for a fee, monetary or other, without being licensed under this chapter. The individual 
may additionally elect to be subject to this chapter; or 
3. Physician. A physician or osteopathic physician licensed by this State from 
testing, diagnosing and treating medical problems related to disorders of language, speech 
or hearing, nor permitting a speech-language pathologist or audiologist to practice 
medicine, surgery or other healing arts. 
4. Individual enrolled in course leading to degree. An individual who is enrolled 
in a course of study leading to a degree in speech-language pathology or audiology at an 
accredited college or accredited university is exempt as long as such activities and 
services constitute a part of the course of study. 
§17105. Exemptions; practice of hearing aid dealing and fitting 
Nothing in this chapter may be construed as preventing or restricting: 
1. Audiologist. An audiologist who is licensed under this chapter from engaging in 
the practice of dealing in and fitting of hearing aids; 
2. Individual measuring human hearing. An individual from measuring human 
hearing, only if the individual does not intend to sell hearing aids and accessories unless 
under the direct supervision of an audiologist or hearing aid dealer and fitter licensed 
under this chapter; or 
3. 
Physician. A physician or osteopathic physician licensed by this State from 
testing, diagnosing and treating medical problems related to disorders of language, speech 
or hearing. 
§17106. Unlicensed practice 
An individual who practices or presents that individual as licensed under this chapter, 
and who does not hold a valid license under this chapter, is subject to the provisions of 
Title 10, section 8003-C. 
SUBCHAPTER 2 
BOARD OF SPEECH-LANGUAGE PATHOLOGY, AUDIOLOGY AND 
HEARING AID DEALING AND FITTING 
§17201. Board established; membership; terms 
The Board of Speech-Language Pathology, Audiology- and Hearing Aid Dealing and 
Fitting, as established by Title 5, section 12004-A, subsection 48, consists of 7 members 
appointed by the Governor. All members must be residents of this State. Two members 
must have been engaged full-time in the practice of speech-language pathology for at 
least one year immediately preceding appointment. Two members must have been 
engaged full-time in the practice of audiology for at least one year immediately preceding 
appointment and 2 hearing aid dealers and fitters must have at least 5 years of experience. 
All professional members at all times must be holders of valid licenses for the practice of 
speech-language pathology, audiology or the practice of dealing in and fitting of hearing 
.. 
.. 
.. 
aids, respectively. The additional member is a public member as defined in Title 5, 
section 12004-A. 
Appointments are for 3-year terms. Appointments of members must comply with 
section 60. A board member may be removed by the Governor for cause. 
§17202. Meetings; chair; quorum 
The board shall meet at least once a year to conduct its business and to elect a chair. 
Additional meetings are held as necessary to conduct the business of the board and may 
be convened at the call of the chair or a majority of the board members. Four members of 
the board constitute a quorum for all purposes. 
§17203. Powers and duties 
The board has the following powers and duties. 
1. 
Board to administer, coordinate and enforce. The board shall administer, 
coordinate and enforce this chapter and evaluate the qualifications of and approve the 
examinations to be taken by applicants for licensure under this chapter. 
2. Rules. The board may, in accordance with the Maine Administrative Procedure 
Act, adopt rules commensurate with the authority vested in it by this chapter, including, 
but not limited to, rules relating to professional conduct and establishing ethical standards 
of practice. The board, by rule, shall set the standard of professional conduct of every 
individual that holds a license under this chapter. 
SUBCHAPTER 3 
LICENSE 
§17301. Eligibility for license 
The board shall issue a license to an applicant who meets the following eligibility 
requirements of this chapter and who files an application accompanied by the fees as set 
under section 17309. 
1. Audiologist. An audiologist must have a master's degree, a doctoral degree or a 
degree determined by the board to be equivalent, from an accredited institution that is 
consistent with the requirements for the American Speech-Language-Hearing Association 
Certificate of Clinical Competency in Audiology or the requirements of its successor or 
other organization approved by the board. The board may establish the requirements for 
academic course work, supervised clinical practice, supervised professional employment 
and written examination. 
2, 
Hearing aid dealer and fitter. A hearing aid dealer and fitter must pass a 
qualifying examination approved by the board and must: 
A. Be at least 18 years of age; 
B. Have a high school diploma or its equivalency; and 
C. Have obtained a trainee permit pursuant to subsection 7 and have received a 
minimum of 750 hours of training in the practice of dealing in and fitting of hearing 
aids under the direct supervision of a licensed hearing aid dealer and fitter or licensed 
audiologist during a period of not fewer than 6 months nor more than 18 months. 
3. 
Speech-IanJ!uage pathologist. A speech-language pathologist must have a 
master's degree, a doctoral degree or a degree determined by the board to be equivalent 
from an accredited institution that is consistent with the requirements for the American 
Speech-Language-Hearing Association Certificate of Clinical Competency in Speech 
Pathology or the requirements of its successor or other organization approved by the 
board. The board may establish the requirements for academic course work, supervised 
clinical practice, supervised professional employment and written examination. 
l3 
4. Speech-language pathologist and audiologist. A speech-language pathologist 
and audiologist must have a master's degree, a doctoral degree or a degree determined by 
the board to be equivalent, from an accredited institution that is consistent with the 
requirements for the American Speech-Language-Hearing Association Certificate of 
Clinical Competency in Speech Pathology and Audiology or the requirements of its 
successor or other organization approved by the board. The board may establish the 
requirements for academic course work, supervised clinical practice, supervised 
professional employment and written examination. 
5. Speech-language pathology assistant. A speech-language pathology assistant 
must have an associate's degree from an accredited institution in the field of 
communication disorders, or its equivalent as determined by the board, and must meet 
such other minimum qualifications as the board may establish. 
6. Temporary license. An applicant for a temporary license must meet the education 
requirements for licensure as outlined in section 17301, subsection 1, 3 or 4 and show to 
the satisfaction of the board that the applicant is supervised and trained by an individual 
who holds a license under this chapter in the appropriate specialty, which entitles the 
applicant to practice speech-language pathology or audiology under supervision while 
completing the requirements for licensure. The temporary license is effective for one year 
and may be renewed once by the board. 
7. 
Trainee permit. An applicant for a trainee permit must meet the licensure 
requirements as set forth in subsection 2, paragraphs A and B and provide the signature of 
the licensed hearing aid dealer and fitter or licensed audiologist who is licensed under this 
chapter and who is responsible for the direct supervision of the trainee. A trainee permit 
is valid for 18 months. The board may approve the renewal of a trainee permit once. An 
individual holding a trainee permit may not engage in the practice of dealing in or fitting 
of hearing aids except while under supervision of a licensed hearing aid dealer and fitter 
or licensed audiologist licensed under this chapter. 
An individual who holds a trainee permit shall notify the board in writing upon 
completion of the training required under subsection 2, paragraph C and shall sit for the 
next scheduled licensing examination. If the holder of a trainee permit successfully passes 
'" 
the examination, the board may issue a license upon the payment of the fees as set under 
section 17309. 
If the holder of a trainee permit fails the examination, that individual may retake the 
examination, upon payment of the fees as set under section 17309, within one year after 
completing the training under subsection 2, paragraph C. 
§17302. Examination requirements 
1. Audiology and speech-language pathology. Each applicant for licensure as a 
speech-language pathologist or audiologist under this chapter must pass an examination 
approved by the board. 
2. Hearing aid dealer and fitter. Each applicant for licensure as a hearing aid dealer 
II 
and fitter under this chapter must pass an examination approved by the board. The 
qualifying examination consists of, but is not limited to: 
A. Tests of knowledge in the following areas as they pertain to the fitting and sale of 
hearing aids: 
(1) Basic physics of sound; 
(2) The anatomy and physiology of the ear; 
(3) The function of hearing aids; and 
(4). Types of hearing loss and deafness; and 
B. Practical tests of proficiency in the following techniques as they pertain to the 
fitting of hearing aids: 
(1) Pure tone audiometry, including air conduction testing and bone conduction 
testing; 
(2) Live voice or recorded voice speech audiometry, including speech reception 
threshold testing and speech recognition testing; 
(3) Criteria for masking; 
(4) Recording and evaluation of audio grams and speech audiometry to determine 
proper selection and adaptation of a hearing aid; 
(5) Taking ear mold impressions; and 
(6) Evidence of knowledge regarding consumer laws as they apply to licensees 
and trainees. 
§17303. Licensure; another jurisdiction 
An applicant who is licensed under the laws of another jurisdiction is governed by 
this subsection. The board may waive the examination and grant licensure to an applicant 
who presents proof of current licensure in another jurisdiction that maintains professional 
standards determined by the board to be substantially equivalent to those set forth in this 
chapter, if no cause exists for denial of a license under section 17307. 
§ 17304. Scope of practice; audiologists 
Audiologists identify, assess and provide treatment for individuals of all ages with 
hearing and balance disorders, including the dispensing of hearing aids. Audiologists 
also manage and supervise programs and services related to human communication and 
its disorders; counsel families, individuals, and caregivers; and provide consultation, 
make referrals and develop preventative programs. 
The provisions of this section pertaining to the scope of practice for audiologists 
neither limit nor infringe upon licensure laws of other regulated professions in this State. 
§ 17305. Hearing aid dealing and fitting practice standards 
For the purpose of this section, "dealer-licensee" means an individual licensed under 
this chapter as a hearing aid dealer and fitter or audiologist who engages in the practice of 
dealing in and fitting of hearing aids as defined under section 17101, subsection 10. 
1. Payment; trial period. The dealer-licensee may require the purchaser to pay the 
full purchase price for the hearing aid or aids at the time of delivery. 
A. On the date of delivery, a 30-day trial period begins. If within this trial period the 
purchaser notifies the dealer-licensee of the purchaser's wish to cancel the 
transaction, the dealer-licensee shall make a full refund of the purchase price, less the 
reasonable price of the ear mold or molds and lab fees, at the time the purchaser 
returns the hearing aid or aids. The dealer-licensee shall also return to the purchaser 
any hearing aids, devices, accessories and ear molds that the dealer-licensee has 
received from the purchaser. The dealer-licensee shall contact the purchaser and 
provide any service, fitting or repair that may be necessary for the beneficial and 
comfortable use of the hearing aid. 
2. 
Return for medical reasons. The purchaser may cancel the transaction by 
submitting to the dealer-licensee within 60 calendar days from the date of delivery of the 
hearing aid or aids a written opinion from a physician or audiologist stating that the 
hearing aid or aids are not advisable for the purchaser. Upon receipt of the statement and 
return by the purchaser of the hearing aid or aids, the dealer-licensee shall make a full 
refund of the purchase price, less the reasonable price of the ear mold or molds and lab 
fees. The dealer-licensee shall also return to the purchaser any hearing aids, devices, 
accessories and ear molds that the dealer-licensee has received from the purchaser. 
3. Violations. A provision of a contract that limits or conditions in any way the 
rights guaranteed to purchasers by this section is against public policy and void. A 
violation of the requirements of this section, in addition to being unethical conduct under 
section 17307, constitutes a violation of the Maine Unfair Trade Practices Act. 
4. Dealer records. Each dealer-licensee shall keep records for at least 6 years on 
each person who purchases a hearing aid to include: 
A. Results of measurement of known hearing; 
B. 
Medical clearance for a hearing aid when indicated under this section or 
purchaser's waiver of need for medical clearance; 
C. A copy of the warranty; 
D. Date and type of hearing aid sold to purchaser; 
E. Date and type of replacement hearing aids; and 
F. Type of ear mold and other pertinent information such as reports from speech and 
hearing centers. 
5. Calibration. Each audiometer used in the measurement of hearing when testing 
and fitting a hearing aid must meet calibration standards as defined in the board's rules. 
Dealer-licensees shall obtain an objective calibration check on permanently installed and 
portable audiometers at least once a year. If an objective calibration check shows an 
audiometer to deviate more than 10 decibels from the calibration standard, the audiometer 
must be recalibrated by either a calibration laboratory or the audiometer manufacturer 
before it may be used to test hearing. Date of the last calibration check or recalibration 
must be prominently displayed on the audiometer. 
6. Purchase agreement. A dealer-licensee who practices the fitting of and dealing in 
or sale of hearing aids shall deliver to each person supplied with a hearing aid a written 
notice prior to or at the time the hearing aid is purchased. The notice must include all of 
the provisions prescribed in this section. The board shall prepare a model notice 
containing all the requirements of this section and shall furnish copies upon request. 
A. 
The notice must include the dealer-licensee's signature, address of place of 
business and license number. 
B. The notice must include the mailing address of the board. 
C. The notice must include specifications as to the make and model of the hearing 
aid furnished, including: 
(1) The brand name or manufacturer's name and the model; 
(2) The serial number, notification of which must be given in writing later if not 
known at the time of the notice; and 
(3) The condition of the hearing aid, whether new, used or reconditioned. 
D. The notice must include the full terms of sale, including the following terms. 
(1) There must be a full and complete disclosure of the cost of financing the 
purchase of the hearing aid. 
(2) The notice must include the complete terms of service, including cost of 
service, what services are available, by whom and for how long the service is 
provided, including house or office calls, when applicable, and the terms of 
aftercare fitting. 
(3) If the initial price of the hearing aid furnished is reduced by trade-in 
allowance or discount, the notice must conspicuously include the initial price of 
the hearing aid before trade-in allowance or discount, the amount of the trade-in 
allowance or discount and the final price to the consumer. 
(4) The notice must include the provisions of the 30-day trial period and 60-day 
medical return period as set out under this section. 
E. The notice must include the date of the sale. 
F. The notice must include the terms of guarantee or warranty, including: 
(1) The characteristics or properties of the hearing aid or parts of the hearing aid 
covered by or excluded from the guarantee or warranty; 
(2) The duration of the guarantee or warranty; 
(3) The conditions, if any, that the purchaser must fulfill before the guarantor or 
warrantor must perform the guarantor's or warrantor's obligations; 
(4) The obligations of the guarantor or warrantor, including obligations as to 
repair or replacement of hearing aids and refunding of the purchase price or part 
of the purchase price; and 
(5) The identity and address of the guarantor or warrantor. 
G. When an individual practicing the fitting and sale of hearing aids furnishes to a 
purchaser a hearing aid of a different make, model or specification than requested, the 
notice must include a statement of this fact. 
H. 
The notice must conspicuously include the following: 
"An examination or 
representation made by a dealer-licensee in connection with the fitting and selling of 
a hearing aid or aids is not an examination, diagnosis or prescription by an individual 
licensed to practice medicine in this State and may not be regarded as medical 
opinion or advice. " 
1. The board may adopt rules to define further the requirements of this section in 
order to provide the purchaser with additional information to be contained in the 
notice provisions. Rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
J. A provision of a contract that limits or conditions in any way the right guaranteed 
to purchasers by this section is deemed to be against public policy and void. A 
violation of the requirements of this section, in addition to being unethical conduct as 
defined by the regulations pursuant to section 17307, constitutes a violation of the 
Maine Unfair Trade Practices Act. 
K. A dealer-licensee may not sell or furnish a hearing aid to a person 18 years of age 
or younger without a written statement, signed by a physician with specialized 
training in the field of otolaryngology, that the person has had an ear or hearing 
examination within 90 days of the purchase or furnishing of the hearing aid and that a 
hearing aid is recommended for the Rerson. The board shall adopt rules for the 
requirements for reexamination. Rules adopted pursuant to this paragraph are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
The board shall by rule list and define certain medical conditions affecting hearing. If 
a dealer has notice of the existence of one or more of the conditions in the case of a 
prospective purchaser of a hearing aid, whether by the dealer-licensee's observation 
of the prospective purchaser or by information furnished by the Rrospective 
purchaser, fitting of the hearing aid must be delayed until the purchaser has had an 
ear or hearing examination administered by a physician with specialized training in 
the field of otolaryngology or by an audiologist who, as a result of such an 
examination, recommends in writing a hearing aid for the prospective purchaser. 
Nothing in this chapter may be construed to require an ear or hearing examination by 
a physician or audiologist of a person who objects to the examination on the grounds 
that the examination conflicts with the tenets and practices of a church or religious 
denomination of which the person is a member or adherent. 
§17306. Scope of practice; speech-language pathologist 
Speech-language pathologists identify, assess and provide treatment for individuals 
of all ages with communication and swallowing disorders. Speech-language pathologists 
may: 
1. Human communication. Manage and supervise programs and services related to 
human communication and its disorders; 
2. Speech-language pathology. Counsel families, individuals and caregivers with 
respect to speech-language pathology; and 
3. 
Consultation; referrals; programs. Provide consultation, make referrals and 
develop preventative programs. 
The provisions of this section pertaining to the scope of practice for speech-language 
pathologists neither limit nor infringe upon licensure laws of other regulated professions 
in this State. 
§17307. Denial or refusal to renew license; disciplinarv action 
The board has authority to investigate all complaints made to it and all cases of 
noncompliance with or violation of this chapter. In addition to the grounds enumerated in 
Title 10, section 8003, subsection 5, paragraph A, the board may deny a license, refuse to 
renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, 
subsection 5, paragraphs Band C for: 
1. Unfair and deceptive practices. Engaging in unfair or deceptive practices as 
defined by the rules established by the board or violating the code of ethics adopted and 
published by the board, including selling or causing to be sold a hearing aid to a person 
who has not been given tests such as pure tone, air and bone audiometry or other hearing 
assessments as determined by the board. The results of these tests must be permanently 
filed; or 
2. Negligence. Incompetence, negligence or neglect in the conduct of the practice of 
dealing in and fitting of hearing aids, including, but not limited to, the improper fitting of 
a hearing aid, the sale of a hearing aid to a person with normal hearing, making an ear 
mold impression or fitting an ear mold without prior inspection of the external ear canal, 
making an ear mold impression or fitting an ear mold after prior inspection revealed the 
presence of, or impacted, cerumen in the ear canal, the failure to indicate the need for 
medical or audiological evaluation when the prospective purchaser's history reveals a 
probable risk of disease or progressive hearing impairment, the failure to make the 
required medical referrals, the incorrect reporting of hearing test results to a person, the 
failure to be present to fit the final hearing aid in the ear of the purchaser and the 
tampering with a satisfactorily performing hearing aid owned by a purchaser or potential 
purchaser to cause that hearing aid to no longer perform correctly. 
§17308. License; renewal 
A license issued under this chapter expires at a time that the commissioner may 
designate. Every individual licensed under this chapter shall pay the renewal fee as set 
under section 17309. Renewals are contingent upon evidence of participation in 
continuing professional education as determined by the board; temporary licenses and 
trainee permits are exempt from this requirement. A license may be renewed up to 90 
days after the date of its expiration upon payment of the late fee and renewal fee under 
section 17309. An individual who submits an application for renewal more than 90 days 
after the license expiration date is subject to all requirements governing new applicants 
under this chapter, except that the board may, in its discretion, waive examination if that 
renewal application is received together with the late fee and renewal fee under section 
17309 within 2 years from the date of the expiration. 
§17309. Fees 
The Director of the Office of Licensing and Registration within the Department of 
Professional and Financial Regulation may establish by rule fees for the purposes 
authorized under this chapter in amounts that are reasonable and necessary for their 
respective purposes, except that a fee for anyone purpose may not exceed $325 annually. 
Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, 
chapter 375, subchapter 2-A. 
§17310. Inactive status 
The board shall adopt rules that provide that an individual licensed under this chapter 
may, upon written request, be placed on inactive status. The board may place the licensee 
on inactive status only upon proper application by the licensee. During inactive status, the 
licensee must renew the license and pay the license fees as set under section 17309, but is 
not required to meet the continuing education requirements under section 17308. The 
board shall adopt rules by which a license in an inactive status may be reactivated. Rules 
adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A. 
Sec. C-4. Transition provision. The reconfiguration of the membership of the 
Board of Examiners of Speech-Language Pathology and Audiology and the Board of 
Hearing Aid Dealing and Fitting must be achieved by attrition. All appointments to 
positions eliminated by this Act that become vacant or expire after December 1, 2007 
may not be filled. A business license issued under the former Maine Revised Statutes, 
Title 32, chapter 23-A is not valid after December 1, 2007. A hearing aid dealers and 
4J 
fitters license issued to a licensed audiologist under the former Title 32, chapter 23-A is 
no longer necessary after December 1,2007. The rules adopted under former Title 32, 
chapter 23-A and chapter 77 remain in effect until the board adopts rules pursuant to this 
Act. 
Sec. C-S. Effective date. This Act takes effect December 1, 2007. 
SUMMARY 
Part A and Part B of this bill reflect the creation of the Board of Speech-language 
Pathology, Audiology and Hearing Aid Dealing and Fitting. 
Part C of this bill repeals the Maine Revised Statutes, Title 32, chapters 23-A and 77, 
which govern the regulation of speech-language pathology, audiology and hearing aid 
dealing and fitting, and combine the chapters into one authorizing statute. The bill 
eliminates the need for a Licensed Audiologist to hold a separate license as a Hearing Aid 
Dealer and Fitter, as well as eliminates the requirement of a business license. This bill 
reflects the current practice standards in the delivery of audiology and hearing aid 
services, while providing an appropriate level of public protection. 
P2ge 16 -123LR0597(O])-I