Current Status Introducing Body:
SenateBill Number: 1063Ratification Number: 365Act Number: 337Primary Sponsor: BryanType of Legislation: GBSubject: Hearing aid specialistsCompanion Bill Number: 4467Date Bill Passed both Bodies: 19940331Computer Document Number: PT/22355DW.94Governor's Action: SDate of Governor's Action: 19940420Introduced Date: 19940119Date of Last Amendment: 19940301Last History Body: ------Last History Date: 19940420Last History Type: Act No. 337Scope of Legislation: StatewideAll Sponsors: BryanType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 1063 ------ 19940420 Act No. 337 1063 ------ 19940420 Signed by Governor 1063 ------ 19940414 Ratified R 365 1063 House 19940331 Read third time, enrolled for ratification 1063 House 19940330 Read second time, unanimous consent for third reading on next Legislative day 1063 House 19940303 Introduced, read first time, placed on Calendar without reference 1063 Senate 19940302 Read third time, sent to House 1063 Senate 19940301 Amended, read second time 1063 Senate 19940224 Committee Report: Favorable 13 with amendment 1063 Senate 19940119 Introduced, read first time, 13 referred to CommitteeView additional legislative information at the LPITS web site.
(A337, R365, S1063)
AN ACT 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 AND LICENSED AUDIOLOGISTS WHO ARE LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, ADD AS A DUTY OF THE COMMISSION THE POWER TO APPOINT MEMBERS WHO ARE NOT AUDIOLOGISTS TO CONDUCT AND SUPERVISE THE WRITTEN AND PRACTICAL EXAMINATIONS, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, CHANGE THE COMPOSITION OF 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;"
Membership of commission
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:
"(1) Members of the commission must be residents of the State. The commission consists of:
(a) 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 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;
(d) the State Health Officer or his designee."
Inapplicability of chapter
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.
(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. Section 40-25-30 of the 1976 Code, as last amended by Act 312 of 1992, is further amended by adding an appropriately numbered item to read:
"( ) appoint members of the commission and other individuals who are not audiologists to conduct and supervise the written and practical examinations;"
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 20th day of April, 1994.