2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 37. SPEECH/LANGUAGE PATHOLOGISTS, AUDIOLOGISTS, AND HEARING AID DISPENSERS › Subchapter I. Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers › § 3702. Definitions.

§ 3702. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:
(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, 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” shall 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 eighteen 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 this purpose of the 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, habilation, 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) “State” means the State of Delaware.
(14) “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, audiology and/or the dispensing of hearing aids.
24 Del. C. 1953, §  3603;  59 Del. Laws, c. 206, §  1;  63 Del. Laws, c. 151, §  4;  65 Del. Laws, c. 224, §  1;  72 Del. Laws, c. 266, §  1;  74 Del. Laws, c. 262, §  80;  77 Del. Laws, c. 154, §  1;  84 Del. Laws, c. 234, § 1;