Alabama Attorney General Opinion 1979-0060

OFFICE OF THE ATTORNEY GENERAL r7 _ oco(Qo LEE L. HALE DEPUTY ATTORNEY GENERAL WILLIAM M. BEKtIRS. JR. EXECUTIVE ASSISTANT W S. TURNER CHIEF ASSISTANT ATTORNEY GENERAL CHARLES A. GRADDICK ATTORNEY GENERAL STATE OF ALABAMA February 9, 1979 ADMINI IVS SUILOING SE NORTH UNION MONTGOMERY. AAAAA PEA 361 0 AREA (205). 134-5150 JANIE NOBLES ADMINISTRATIVE ASSISTANT Eugene B. Cooper, Ed. D., Chairperson Alabama Board of Examiners for Speech Pathology and Audiology 'University of Alabama P. O. Box 1965 University, AL 35401 LICENSES - BOARD OF HEARING AID DEALERS-AUDIOLOGISTS An audiologist duly licensed pursuant to Section 34-28A-1 may apply to dis- pense hearing aids without a license from the Board of Hearing Aid Dealers and Fitters. Dear Mr. Cooper: I am writing in response to your letter of January 24, 1979, request- ing an opinion from this office on the following question: May an audiologist, licensed under the statutes regulating speech pathologists and audiologists in Alabama, lawfully dispense a hearing aid? Sections 34-14-1 through 34-14-33, Code of Alabama 1975, provide for the regulation and licensure of hearing aid dealers and fitters. Section 34-1472, Code of Alabama 1975, specifically provides that "no person shall engage in the sale of, or practice of, fitting hearing aids . . .unless he holds an unsuspended, unrevoked license issued by, the State Board as provided in this chapter." Dr. Eugene B. Cooper Pebruary 9, 1979 Page 2 Section 34-28A-1 through Section 34-28A-44 provides for the regula- tion and licensure of: "Any person who shall practice or offer to practice the profession of speech pathology . or audiology . . .." Persons meeting the requirements set forth in 34-28A-21 are issued a license by the State Board of Examiners for speech pathology and audiology. This license authorizes the licensee to, among other things, engage in: "The application of principles, methods and probedures or measurement, testing evalua- tion, prediction, consultation, counseling, instruction, habilitation or rehabilitation related to hearing and disorders of hearing for the purpose of evaluating, identifying, preventing, ameliorating or modifying such disorders and conditions in individuals . . Section 34-28A-1(4), Code of. Alabama 1975, goes on to provide: "For the purpose of this subdivision the words 'habilitation' and 'rehabilitation' include, but are not limited to, hearing aid evaluation and application, preparation of ear impressions, auditory training and speech reading." The authority granted above for audiologists to engage in "hearing aid evaluation and application" for the purpose of ameliorating or modifying hearing disorders .in individuals would clearly seem to include the fitting and dispensing of hearing aids. In fact, it would not appear possible for an audiologist to perform the func- tions authorized by the above-quoted statute without being able to fit patients with a hearing aid. It would appear, therefore, that there is some overlap in the authority granted to hearing aid dealers and fitters and speech pathologist and audiologist. It would appear under the language of the above-quoted statute that individuals licensed to practice speech pathology and audiology may perform at least some of the same functions for which a license is required from the Board of Hearing Aid Dealers and Fitters. The only conclusion that can be Dr. Eugene B. Cooper February 9, 1979 Page 3 drawn from this apparent conflict is that individuals licensed to practice speech pathology and audiology are exempt from the licens- ing requirement of Section 34-14-1, et seq. It should also be noted in this regard that the requirements for the practice of speech pathology and audiology are more stringent and require a much higher standard of education and training than do the licensure requirements for hearing aid dealers and fitters. It is, therefore, the opinion of this office that individuals duly licensed to practice speech pathology and audiology pursuant to the provisions of Section 34-28A-1, et seq., Code of Alabama 1975, may apply and dispense hearing aids without obtaining a license from the Alabama Board of Hearing Aid Dealers and Fitters. Sincerely, CHARLES A. GRADDICK Attorne General By- /"1 /A-r/ev . G. KFND ICK Assistant ttorney General LGK:In