SB 379
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Enrolled - Revised
Senate Bill 379 (Senator Lam)
Education, Health, and Environmental Affairs Health and Government Operations
Health Occupations - Licensing of Audiology Assistants
This bill requires an individual, on or after October 1, 2022, to be licensed by the State
Board of Audiologists, Hearing Aid Dispensers, and Speech-Language Pathologists as an
“audiology assistant” before the individual may assist a licensed audiologist in the practice
of audiology. An audiology assistant must assist the practice of audiology under the
“general supervision” of a licensed audiologist. Unless licensed by board, an individual
may not represent to the public, as specified, that the person is authorized to practice as an
audiology assistant in the State or assist in the practice of audiology. The board must
promulgate regulations to establish the term of a license and any renewal or reinstatement
requirements.
Fiscal Summary
State Effect: The board can handle the bill’s requirements with existing budgeted
resources. Minimal increase in board special fund revenues beginning as early as FY 2022
from license fees, as discussed below. The bill’s imposition of existing penalty provisions
does not have a material impact on State finances or operations.
Local Effect: The bill’s imposition of existing penalty provisions does not have a material
impact on local government finances or operations.
Small Business Effect: Potential meaningful.
Analysis
Bill Summary: “Audiology assistant” means an individual who (1) meets the minimum
qualifications established under the bill and in regulations adopted by the board; (2) does
not work independently; and (3) works under the general supervision of a licensed
audiologist (who may or may not be present when the licensed audiology assistant assists
in the practice of audiology). A licensed audiologist may not provide general supervision
for more than two licensed audiology assistants at any time.
To qualify for a license, an applicant must:
be of good moral character;
hold a high school diploma or equivalent;
demonstrate oral competency;
submit to a criminal history records check;
submit an application to the board on the required form; and
pay the application fee set by the board.
The board may waive any application requirements in regulations. The board must issue a
license to any applicant who meets specified requirements. The board may not adopt
regulations to establish qualifications that are more stringent than the qualifications for a
license to practice audiology.
The board may allow an audiology assistant licensed in another state to assist in the practice
of audiology without a Maryland license if the audiology assistant has a completed
application for licensure pending before the board.
A person may not knowingly make a false, material statement in an application for an initial
or renewal license or materially alter, transfer, or offer to transfer a license. An audiology
assistant may not engage in an unfair or deceptive trade practice under the Maryland
Consumer Protection Act (MCPA) or violate any provision of the Hearing Aid Sales Act.
A licensed audiology assistant or an applicant must be subject to specified provisions of
law relating to medical examination, misleading advertising, unlawful inducements, unfair
or deceptive trade practices in the provision of hearing aids, provision of receipts for
hearing aids, and reinstatement of a suspended or revoked license in the same manner as
those provisions apply to an applicant for a license to practice audiology and a licensed
audiologist.
Current Law: Practice audiology means to apply the principles, methods, and procedures
of measurement, prediction, evaluation, testing, counseling, consultation, and instruction
that relate to the development and disorders or hearing, vestibular functions, and related
language and speech disorders, to prevent or modify the disorders or assist individuals in
hearing and auditory and related skills for communication. Practice audiology includes
fitting or selling hearing aids.
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In general, an individual must be licensed by the board before the individual may practice
audiology or provide hearing aid services, with specified exceptions. A license may be
renewed for a two-year term. A person may not assist, attempt to assist, or offer to assist
in the practice of audiology unless licensed by the board.
An audiologist must ensure that patients have received a medical examination prior to
providing hearing aid services. Audiologists may not (1) place misleading or untruthful
advertisements for hearing aids or (2) falsely represent the use or availability of services or
advice of a physician for providing hearing aid services. An audiologist may not give or
offer to give anything of value to another person who provides professional services to
clients if given to induce or influence the person to buy a product or service from the person
giving the thing of value or refrain from buying a product or service from a competitor.
With each sale of a hearing aid, an audiologist must provide a specified receipt to the
patient.
The board may deny a license to any applicant, reprimand or place on probation any
licensee, or suspend or revoke a license for specified reasons. Unless the board agrees to
accept the surrender of a license, an individual may not allow their license to lapse while
under investigation. As a result of any disciplinary action, licensees have the right to a
hearing before the board. If, after a hearing, the board finds that there are grounds to
suspend or revoke a license, reprimand a licensee, or place a licensee on probation, the
board may impose an additional penalty of up to $5,000. Any penalties are paid to the
general fund.
Maryland Consumer Protection Act
An unfair, abusive, or deceptive trade practice includes, among other acts, any false, falsely
disparaging, or misleading oral or written statement, visual description, or other
representation of any kind, which has the capacity, tendency, or effect of deceiving or
misleading consumers. The prohibition against engaging in any unfair, abusive, or
deceptive trade practice encompasses the offer for or actual sale, lease, rental, loan, or
bailment of any consumer goods, consumer realty, or consumer services; the extension of
consumer credit; the collection of consumer debt; or the offer for or actual purchase of
consumer goods or consumer realty from a consumer by a merchant whose business
includes paying off consumer debt in connection with the purchase of any consumer goods
or consumer realty from a consumer.
The Consumer Protection Division in the Office of the Attorney General is responsible for
enforcing MCPA and investigating the complaints of aggrieved consumers. The division
may attempt to conciliate the matter, issue a cease and desist order, or file a civil action in
court. A merchant who violates MCPA is subject to a fine of up to $10,000 for each
violation and up to $25,000 for each repetition of the same violation. In addition to any
SB 379/ Page 3
civil penalties, any person who violates MCPA is guilty of a misdemeanor and, on
conviction, is subject to a fine of up to $1,000 and/or imprisonment for up to one year.
State Revenues: The board estimates that special fund revenues increase by
approximately $10,000 from audiology assistant license fees beginning as early as
fiscal 2022. Although not required until October 1, 2022 (fiscal 2023), to the extent the
new audiology assistant license program is in place sooner, the board could begin licensure
in fiscal 2022. Although the application fee is not established under the bill, the board
advises that both the license and renewal fee will be approximately $100. The board
expects 100 initial applicants for licensure and estimates that licenses will be renewed for
a two-year term. However, the Department of Legislative Services (DLS) notes that the
board must promulgate regulations to designate the license term and renewal fees under
the bill. Thus, DLS assumes that board special fund revenues increase by a minimal amount
beginning as early as fiscal 2022.
Small Business Effect: Individuals may practice as licensed audiology assistants in the
State but must be licensed by the board (including paying a fee) by October 1, 2022.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 161 (Delegate Kelly) - Health and Government Operations.
Information Source(s): Maryland Department of Health; Department of Legislative
Services
Fiscal Note History: First Reader - February 2, 2021
rh/jc Third Reader - March 23, 2021
Revised - Amendment(s) - March 23, 2021
Enrolled - April 12, 2021
Revised - Amendment(s) - April 12, 2021
Analysis by: Amberly Holcomb Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 379/ Page 4
Statutes affected: Text - First - Health Occupations - Registration of Audiology Assistants: 2-101 Health Occupations, 2-102 Health Occupations, 2-205 Health Occupations, 2-314 Health Occupations, 2-303.1 Health Occupations, 2-313 Health Occupations, 2-401 Health Occupations, 2-402.4 Health Occupations, 2-403 Health Occupations, 2-404 Health Occupations, 2-405 Health Occupations, 2-406 Health Occupations
Text - Third - Health Occupations - Licensing of Audiology Assistants: 2-101 Health Occupations, 2-102 Health Occupations, 2-205 Health Occupations, 2-314 Health Occupations, 2-303.1 Health Occupations, 2-401 Health Occupations, 2-402.4 Health Occupations, 2-403 Health Occupations, 2-404 Health Occupations, 2-405 Health Occupations, 2-406 Health Occupations
Text - Enrolled - Health Occupations - Licensing of Audiology Assistants: 2-101 Health Occupations, 2-102 Health Occupations, 2-205 Health Occupations, 2-314 Health Occupations, 2-303.1 Health Occupations, 2-401 Health Occupations, 2-402.4 Health Occupations, 2-403 Health Occupations, 2-404 Health Occupations, 2-405 Health Occupations, 2-406 Health Occupations