Tenn. Comp. R. & Regs. 1370 — Communications Disorders

Chapter 1370-01 Rules for Speech Pathology and Audiology

Tenn. Comp. R. & Regs. 1370-01-.01 DEFINITIONS

As used in these rules, the following terms and acronyms shall have the following meaning ascribed to them:

(1) ABA - The American Board of Audiology Examiners.

(2) Accredited Institution - Refers to the status of the school in relation to requirements of recognized agencies other than the Tennessee Board of Communications Disorders and Sciences. These would include U.S. Department of Education recognized regional university accrediting agencies, Council of Academic Accreditation in Audiology and Speech-Language Pathology (CAA) and the Accreditation Commission for Audiology Education (ACAE).

(3) Advertising - Informational communication to the public in any manner to attract attention to the practice of a Speech Language Pathologist or Audiologist. Includes, but is not limited to, business solicitation, with or without limiting qualifications, in a card, sign or device issued to a person; in a sign or marking in or on any building; or in any newspaper, magazine, directory, or other printed matter. Advertising also includes business solicitations communicated by individual, radio, video, television broadcasting, electronic media, or any other means designed to secure public attention.

(4) Alternate Supervision - Supervision provided in the temporary and impermanent absence of the Supervising Licensee.

(5) Applicant - Any individual seeking licensure by the Board who has submitted an official application and paid all required fees.

(6) ASHA - American Speech-Language-Hearing Association.

(7) Audiology Clinical Extern (ACE) - An Audiology student who is in the process of obtaining professional experience, as defined by a Board-approved accreditation agency, before being qualified for licensure.

(8) Board - The Board of Communication Disorders and Sciences.

(9) Board Administrative Office - The office of the Unit Director assigned to the Board and located at 665 Mainstream Drive, Nashville, TN 37243.

(10) Board Consultant - Any person who has received a delegation of authority by the Board to perform Board functions subject to review and ratification by the full Board where provided by these rules.

(11) Certificate - The document which bears an expiration date and is issued by the Division of Health Related Boards to a licensee who has completed the licensure renewal process.

(12) Certificate of Clinical Competence (CCC) - A nationally recognized and accredited professional credential in the fields of Audiology (CCC-A) and Speech-Language Pathology (CCC-SLP).

(13) Client - The individual or patient who is receiving direct services and/or treatment.

(14) Clinical Externship - The period of professional experience required by Audiology Clinical Externs.

(15) Clinical Fellow (CF) - An individual who has completed the educational requirements for licensure as a Speech Language Pathologist, has received at least a master’s degree from an accredited institution, and holds a provisional license to practice as a Clinical Fellow during the individual’s period of paid supervised clinical experience.

(16) Clinical Fellowship - The period of paid supervised clinical experience for a Clinical Fellow.

(17) Clinical Fellow Provisional License - A license granted to a Clinical Fellow pursuant to T.C.A. § 63-17-110.

(18) Closed Files - An administrative action which renders an incomplete or denied file closed.

(19) Continuing Education (CE) - Education required as a condition of continued licensure.

(20) Council - The Council for Licensing Hearing Instrument Specialists.

(21) Department - Tennessee Department of Health.

(22) Direct Supervision - On-site, in view, supervision, including telesupervision as permitted in

Rule 1370-01-.21, which may include directing, coordinating, inspecting, and approving each act of service.

(23) Division - The Division of Health Related Boards, Tennessee Department of Health, from which the Board receives administrative support.

(24) Fee - Money, gifts, services, or anything of value offered or received as compensation in return for rendering services.

(25) General Supervision - Direct and/or indirect supervision, including reviewing, inspecting, and approving specific acts of service.

(26) He/She Him/Her - When “he” appears in the text of these rules, the word represents both the feminine and masculine genders.

(27) Inactive License - Pro Bono Services Category - Licensure available to Speech Language Pathologists and Audiologists licensed by this Board whose practice is limited to the performance of services without compensation only for those persons receiving services from organizations which have received a determination of exemption under 26 U.S.C. § 501(c)(3) of the Internal Revenue Code.

(28) Inactive License - Retirement - Licensure status available to licensees who hold current licenses and do not intend to practice as a Speech Language Pathologist or Audiologist and who have completed an Affidavit of Retirement form.

(29) Indirect Supervision - Supervision accomplished by indirect means which may include: review of audio and video recordings, numerical data, and/or written progress notes.

(30) License - The document issued by the Board to an applicant who has successfully completed the application process and represents the artistically designed form for purposes of display.

(31) Over the Counter (OTC) Hearing Aid - A hearing instrument or hearing aid that meets the Food and Drug Administration’s requirements for this class of device and which may be dispensed or sold without a hearing assessment, licensed hearing instrument professional fitting and dispensing engagement, or return for credit privileges as provided by federal law.

OTC hearing aids are only intended for individuals age 18 years and older with perceived mild to moderate hearing impairment.

(32) Prescription Hearing Aid - A hearing instrument or hearing aid that meets the Food and Drug Administration’s requirements for this class of device and which requires: a hearing assessment and prescription for medically necessary hearing aids prior to purchase, and fitting and dispensing by a licensed hearing instrument professional.

(33) Registration - The process by which a person so required is registered with the Board’s Administrative Office.

(34) Speech Language Pathology Assistant (SLPA) - An individual who has registered with the Board pursuant to Rule 1370-01-.14, and who meets minimum qualifications as provided in

Rule 1370-01-.14 which are less than those established for licensure as a Speech Language Pathologist, and who works under supervision of a Speech Language Pathologist.

(35) Supervising Licensee - The term used to designate any Tennessee licensed Audiologist, or Speech Language Pathologist or ASHA certified Audiologist who provides supervision of an ACE, Clinical Fellow, Speech Language Pathology Assistant, or student clinician in Speech Language Pathology or Audiology.

(36) Telesupervision - Direct supervision that is provided via synchronous telecommunications, in real-time, via audio and video rather than in person.

History

Authority: T.C.A. §§ 63-17-105, 63-17-127, and 63-17-128.
Administrative History: Original rule filed September 10, 1974; effective October 10, 1974. Amendment filed July 31, 1978; effective September 13, 1978. Amendment filed March 2, 1979; effective April 16, 1979. Repeal and new rule filed July 8, 1987; effective August 21, 1987. Amendment filed September 17, 1991; effective November 1, 1991. Amendment filed September 18, 1991; effective November 2, 1991. Repeal and new rule filed January 31, 2000; effective April 15, 2000. Amendment filed September 13, 2001; effective November 27, 2001. Amendment filed April 26, 2002; effective July 10, 2002. Amendment filed August 3, 2005; effective October 17, 2005. Amendment filed September 11, 2006; effective November 25, 2006. Amendment filed April 6, 2010; effective July 5, 2010. Amendments filed September 14, 2010; effective December 13, 2010. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 16, 2023; effective June 14, 2023. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.02 SCOPE OF PRACTICE

(1) The practice of Speech Language Pathology and the practice of Audiology are defined by statute at T.C.A. § 63-17-103. Exceeding the scope of practice or performing functions which the licensee is not adequately trained for or experienced in may result in disciplinary action pursuant to T.C.A. §§ 63-17-117, 63-17-126, and Rule 1370-01-.13.

(2) Audiologists may, pursuant to T.C.A. § 63-17-103, engage in the assessment, selection, fitting, and sale of prescription hearing aids or over the counter hearing aids.

(3) Licensed Speech Language Pathologists and Audiologists who qualify under Rule 1370-01- .03 for the Inactive License-Pro Bono Services category shall limit their practice to performing services without compensation only for those persons receiving services from organizations which have received a determination of exemption under 26 U.S.C. § 501(c)(3) of the Internal Revenue Code. Exceeding the scope of practice set out within the practice act and these Rules may result in disciplinary action pursuant to T.C.A. §§ 63-17-117, 63-17-127, and Rule

Tenn. Comp. R. & Regs. 1370-01-.03 NECESSITY OF LICENSURE OR REGISTRATION

(1) Prior to engaging in the practice of Speech Language Pathology or Audiology, a person must hold a current Tennessee license pursuant to T.C.A. § 63-17-110, unless the person meets the exemption requirements of T.C.A. §§ 63-17-111(g) or 63-17-114.

(2) Inactive License - Pro Bono Services category - Applicants who intend to exclusively practice Speech Language Pathology or Audiology without compensation on patients who receive Speech Language Pathology or Audiology services from organizations granted a determination of exemption pursuant to Section 501(c)(3) of the Internal Revenue Code may obtain an inactive volunteer license to do so as follows:

(a) Applicants for Inactive License - Pro Bono Services category who currently hold a valid Tennessee license to practice Speech Language Pathology or Audiology issued by the Board which is in good standing must:

Retire their active licenses pursuant to the provisions of Rule 1370-01-.11; and 2. Have submitted to the Board Administrative Office directly from the qualified organization proof of the determination of exemption issued pursuant to Section 501(c)(3) of the Internal Revenue Code; and 3. Certify that they are practicing Speech Language Pathology or Audiology exclusively on the patients of the qualified entity and that such practice is without compensation.

(b) Applicants for Inactive License - Pro Bono Services category who do not currently hold a valid Tennessee license to practice Speech Language Pathology or Audiology must comply with all provisions of Rules 1370-01-.04 and 1370-01-.05.

(c) Inactive Licensees - Pro Bono Services category - Licensees are subject to all rules governing renewal, retirement, reinstatement, reactivation, and continuing education, as provided by Rules 1370-01-.09, 1370-01-.11, and 1370-01-.12. These licenses are also subject to disciplinary action for the same causes and pursuant to the same procedures as active licenses.

(d) Inactive Licensees - Pro Bono Services category, are distinguished from the inactive licensees referred to in Rules 1370-01-.09 and 1370-01-.11 only by the fact that licenses issued pursuant to this rule allow the practice of Speech Language Pathology or Audiology in Tennessee with the restrictions placed on it by this rule.

(e) Application review and licensure decisions shall be governed by Rule 1370-01-.07.

(3) Speech Language Pathology and Audiology are healing arts and, as such, the practice is restricted to those persons licensed by this Board. Persons engaging in the practice of Audiology or Speech Language Pathology, without being licensed, or expressly exempted by law, are in violation of T.C.A. § 63-17-110.

(4) It is unlawful for any person who is not licensed in the manner prescribed in T.C.A. §§ 63-17- 101, et seq., or expressly exempted by law, to represent himself as a Speech Language Pathologist or Audiologist or to hold himself out to the public as being licensed by means of using any title or description of services set out in T.C.A. § 63-17-103 on signs, mailboxes, address plates, stationery, announcements, telephone listings, business cards, or other instruments or means of professional identification.

(5) Registration with the Board is required for the following classifications:

(a) Supervising Licensees are required to register Audiology Clinical Externs (ACEs), and their supervision of the ACEs, with the Board. Supervising Licensees are required to register any changes in supervision with the Board.

(b) Clinical Fellows are required to register their Supervising Licensee with the Board. The Supervising Licensee is responsible for ensuring that the Clinical Fellow registers any change in supervision with the Board.

(c) Speech Language Pathology Assistants who meet the qualifications of Rule 1370-01- .14 are required to register with the Board. Additionally, Speech Language Pathology Assistants are responsible to ensure their Supervising Licensees are registered with the Board. The Supervising Licensee is required to register any changes in supervision with the Board.

(d) Persons from another state who are not licensed as a Speech Language Pathologist or Audiologist may offer Speech Language Pathology and/or Audiology services in the State of Tennessee in accordance with T.C.A. § 63-17-114.

(e) Persons licensed or certified by a similar board in another state, territory, or foreign country or province as a Speech Language Pathologist may offer Speech Language Pathology services in the State of Tennessee in accordance with T.C.A. § 63-17-114.

(f) Persons who reside in another state, territory, or foreign country or province which does not grant certification or licensure as a Speech Language Pathologist may offer Speech Language Pathology services in the State of Tennessee in accordance with T.C.A. § 63-17-114.

(6) Use of Titles (a) Any person who possesses a valid, unsuspended and unrevoked license issued by the Board has the right to use the title “Speech Language Pathologist” and to practice Speech Language Pathology, as defined in T.C.A. § 63-17-103.

(b) Any person who possesses a valid, unsuspended and unrevoked license issued by the Board has the right to use the title “Audiologist” and to practice Audiology, as defined in T.C.A. § 63-17-103.

(c) Any person who possesses a valid, unsuspended and unrevoked registration issued by the Board has the right to use the title “Speech Language Pathology Assistant” and to practice under supervision as a Speech Language Pathology Assistant, as defined in T.C.A. § 63-17-103.

(d) Any person licensed or registered by the Board to whom this rule applies must use one of the titles authorized by this rule in every “advertisement” [as that term is defined in

Rule 1370-01-.20(2)(a)] he or she publishes or the failure to do so will constitute an omission of a material fact which makes the advertisement misleading and deceptive and subjects the Audiologist or Speech Language Pathologist to disciplinary action pursuant to T.C.A. § 63-17-117.

History

Authority: T.C.A. §§ 63-1-145, 63-17-105, 63-17-110, 63-17-114, 63-17-117, and 63-17-127.
Administrative History: Original rule filed September 10, 1974; effective October 10, 1974. Amendment filed July 31, 1978; effective September 13, 1978. Repeal and new rule filed July 8, 1987; effective August 21, 1987. Amendment filed September 18, 1991; effective November 2, 1991. Repeal and new rule filed January 31, 2000; effective April 15, 2000. Amendment filed July 21, 2004; effective October 4, 2004. Amendment filed September 11, 2006; effective November 25, 2006. Amendment filed April 6, 2010; effective July 5, 2010. Amendment filed September 14, 2010; effective December 13, 2010. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.04 QUALIFICATIONS FOR LICENSURE

(1) An applicant for licensure as a Speech Language Pathologist or Audiologist must meet the following initial requirements to be considered for licensure by the Board:

(a) Be at least eighteen (18) years of age;

(b) Be of good moral character;

(c) An applicant shall submit with their application: verification of United States citizenship or lawful presence in the United States pursuant to T.C.A. § 4-58-103.

(d) An applicant in the area of Speech Language Pathology must possess at least a master’s degree in Speech Language Pathology from an accredited institution; and 1. Possess a current Certificate of Clinical Competence (CCC) in the area of Speech Language Pathology issued through the ASHA; or 2. Have successfully completed and documented the following:

(i) A minimum of four hundred (400) clock hours of supervised clinical experience (practicum) with individuals having a variety of communications disorders, as required by ASHA. The experience shall be obtained through an accredited institution which is recognized by ASHA; and (ii) A Clinical Fellowship in the area of Speech Language Pathology; and (iii) Passage of the Written Professional Assessments for Beginning Teachers (Praxis Test) as required by Rule 1370-01-.08.

(e) An applicant in the area of Audiology;

For applications received after January 1, 2009, the applicant must possess at least a Doctor of Audiology degree or other doctoral degree with emphasis in Audiology or hearing science from an accredited institution; and (i) Possess a current Certificate of Clinical Competence (CCC) in the area of Audiology issued through ASHA; or (ii) Have successfully completed and documented the following:

(I) A minimum of one thousand eight hundred twenty (1820) clock hours of supervised clinical experience (practicum) by a licensed Audiologist or ASHA or ABA certified Audiologist; and (II) Passage of the written Professional Assessments for Beginning Teachers (Praxis Test) as required by Rule 1370-01-.08.

When the applicant has been licensed in Tennessee or another state prior to 2009, the applicant must possess at least a master’s degree in Audiology from an accredited institution; and (i) Possess a current CCC in the area of Audiology issued through ASHA, or ABA certification; or (ii) Have successfully completed a minimum of four hundred (400) clock hours of supervised clinical experience (practicum) with individuals having a variety of communications disorders, as required by ASHA. The experience shall be obtained through an accredited institution which is recognized by ASHA; and (iii) The Clinical Externship in the area of Audiology; and (iv) Passage of the written Professional Assessments for Beginning Teachers (Praxis Test) as required by Rule 1370-01-.08.

(2) An individual who seeks licensure in the State of Tennessee and who holds a current license in another state may be granted a Tennessee license, if such person meets the qualifications of licensure by reciprocity pursuant to Rule 1370-01-.05(10).

History

Authority: T.C.A. §§ 63-17-105, and 63-17-110 through 63-17-113.
Administrative History: Original rule filed September 10, 1974; effective October 10, 1974. Amendment filed July 31, 1978; effective September 13, 1978. Repeal and new rule filed July 8, 1987; effective August 21, 1987. Amendment filed September 18, 1991; effective November 2, 1991. Repeal and new rule filed January 31, 2000; effective April 15, 2000. Amendment filed April 26, 2002; effective July 10, 2002. Amendment filed September 14, 2010; effective December 13, 2010. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.05 PROCEDURES FOR LICENSURE

To become licensed as a Speech Language Pathologist or Audiologist in Tennessee, a person must comply with the following procedures and requirements:

(1) An applicant shall download a current application from the Board’s Internet web page or shall obtain a current application packet from the Board’s Administrative Office, respond truthfully and completely to every question or request for information contained in the application form, and submit it, along with all documentation and fees required, to the Board’s Administrative Office. This application may be submitted online. It is the intent of this rule that all steps necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all materials be filed simultaneously.

(2) An applicant shall submit with his application a certified birth certificate or a notarized photocopy of a certified birth certificate.

(3) An applicant shall submit with his application a “passport” style photograph taken within the preceding twelve (12) months and attach it to the appropriate page of the application.

(4) An applicant shall disclose the circumstances surrounding any of the following:

(a) Conviction of a crime in any country, state, or municipality, except minor traffic violations.

(b) The denial of certification or licensure application by any other state or country, or the discipline of the certificate holder or licensee in any state or country.

(d) Any judgment or settlement in a civil suit in which the applicant was a party defendant, including malpractice, unethical conduct, breach of contract, or any other civil action remedy recognized by the country’s or state’s statutory, common law, or case law.

(5) An applicant shall cause to be submitted to the Board’s Administrative Office directly from the vendor identified in the Board’s licensure application materials, the result of a criminal background check.

(6) If applying by Certificate of Clinical Competence, an applicant shall file with the application documentation of proof of possessing the following certification:

(a) Audiology applicants shall file with their application documentation that they possess a current Certificate of Clinical Competence (CCC) in the area of Audiology issued through ASHA.

(b) Speech Language Pathology applicants shall file with their application documentation that they possess a current Certificate of Clinical Competence (CCC) in the area of Speech Language Pathology issued through ASHA.

(7) An applicant shall have successfully completed the following requirements and cause the supporting documentation to be provided to the Board’s Administrative Office:

(a) A master’s or doctorate degree in Speech Language Pathology or Audiology. Unless already submitted pursuant to Rule 1370-01-.10, it is the applicant’s responsibility to request that a graduate transcript be submitted directly from the educational institution to the Board’s Administrative Office. The transcript must show that graduation with at least a master’s level degree has been completed, and must carry the official seal of the institution.

(b) Documentation of the required supervised clinical experience (practicum) with individuals having a variety of communications disorders, as specified in Rule 1370-01- .04 for the discipline for which licensure is being sought. The experience must be obtained through an accredited institution. Unless already provided pursuant to Rule

Tenn. Comp. R. & Regs. 1370-01-.06 FEES

(1) The fees authorized by the Licensure Act for Communication Disorders and Sciences (T.C.A. §§ 63-17-101, et seq.) and other applicable statutes are established as nonrefundable fees, as follows:

(a) Application Fee - A fee to be paid by all applicants, including those seeking licensure, provisional licensure, or licensure by reciprocity. It must be paid to the Board each time an application for licensure is filed, or a license is reactivated.

(b) Duplicate License Fee - A fee to be paid when a licensee requests a replacement for a lost or destroyed ‘artistically designed’ license.

(d) Initial Licensure Fee - A fee to be paid when the Board has granted licensure or provisional licensure and prior to the issuance of the ‘artistically designed’ wall license.

(e) Late Renewal Fee - A fee to be paid when an individual fails to timely renew and is in addition to the Licensure Renewal Fee.

(f) Licensure Renewal Fee - To be paid biennially by all licensees except retired licensees and inactive volunteers. This fee also applies to licensees who reactivate a retired, inactive, or expired license.

(g) State Regulatory Fee - To be paid by all individuals at the time of application and biennially (every other year) with all renewal applications.

(h) Clinical Fellows shall not be charged a fee to upgrade from provisional licensure to full licensure.

(2) All fees may be paid in person, by mail or electronically by cash, check, money order, or by credit and/or debit cards accepted by the Division. If the fees are paid by certified, personal or corporate check they must be drawn against an account in a United States Bank, and made payable to the Tennessee Board of Communications Disorders and Sciences.

(3) Fee Schedule (a) Speech Language Pathologist Amount or Clinical Fellow 1. Application $50.00 2. Duplicate License Fee 25.00 3. Inactive Volunteer Licensure Renewal Fee 0.00 4. Initial Licensure Fee 100.00 5. Late Renewal Fee 120.00 6. Licensure Renewal Fee (biennial) 60.00 7. State Regulatory Fee (initial and biennial) 10.00 (b) Audiologist Amount 1. Application $50.00 2. Duplicate License Fee 25.00 3. Inactive Volunteer Licensure Renewal Fee 0.00 4. Initial Licensure Fee 100.00 5. Late Renewal Fee 120.00 6. Licensure Renewal Fee (biennial) 60.00 7. State Regulatory Fee (initial and biennial) 10.00 (c) Dual Licenses (Speech Language Path/Audiologist) Amount 1. Application $50.00 2. Duplicate License Fee 25.00 3. Inactive Volunteer Licensure Renewal Fee 0.00 4. Initial Licensure Fee 100.00 5. Late Renewal Fee 120.00 6. Licensure Renewal Fee (biennial) 60.00 7. State Regulatory Fee (initial and biennial) 10.00 (d) Speech Language Pathology Assistant Amount 1. Application $10.00 2. Duplicate Registration Fee 25.00 3. Initial Registration Fee 10.00 4. Late Renewal Fee 25.00 5. Registration Renewal Fee 25.00 6. State Regulatory Fee (initial and biennial) 10.00 (4) Persons who are licensed as a Speech Language Pathologist and an Audiologist at the same time shall pay according to the fees established for Dual Licenses. Persons who are licensed at separate times for these specialties shall pay the application, initial license, and state regulatory fees for that additional license, but only at the time of application. After these initial applications, only one renewal and state regulatory fee will be required.

History

Authority: T.C.A. §§ 63-1-103, 63-1-106, 63-1-112, 63-17-105, 63-17-110, 63-17-115, and 63-17-128.
Administrative History: Original rule filed February 23, 1990; effective April 9, 1990. (Formerly 1370-01- .09) Repeal and new rule filed January 31, 2000; effective April 15, 2000. Amendment filed April 26, 2002; effective July 10, 2002. Amendment filed June 22, 2004; effective September 5, 2004. Amendment filed July 21, 2004; effective October 4, 2004. Amendment filed September 11, 2006; effective November 25, 2006. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.07 APPLICATION REVIEW, APPROVAL, AND DENIAL FOR LICENSES, PROVISIONAL

LICENSES, AND REGISTRATIONS.

(1) Applications will be accepted throughout the year and processed in the Board’s Administrative Office.

(2) Completed applications received in the Board’s Administrative Office shall be submitted to a member of the Board or a Board designee for review. If the completed application was received before the thirtieth (30th) day of the month preceding the next Board meeting, an initial determination shall be made prior to the next Board meeting.

(3) Issuance decisions pursuant to this rule may be preliminarily made upon review by any Board member or a Board designee.

(4) The initial determination shall be presented to the full Board for review. The license, provisional license, or registration will not be issued until such time as the full Board ratifies the initial determination. [A Speech Language Pathologist or Audiologist who is ASHA certified (or equivalent) or is licensed in another state and has made application in Tennessee may practice in Tennessee pending disposition of the application.]

(5) If an application is incomplete when received in the Board’s Administrative Office, or the reviewing Board member determines additional information is required from an applicant before an initial determination can be made, the applicant shall be notified and the necessary information requested by the Administrative Office. The applicant shall cause the requested information to be received in the Board’s Administrative Office on or before the sixtieth (60th) day after receipt of the notification.

(a) If the requested information is not received within the sixty (60) day period, the application file shall be closed and the applicant notified that the Board will not consider licensure, provisional licensure, or registration until a new application is received pursuant to the rules governing that process, including another payment of all applicable fees.

(b) Once a file has been closed, no further Board action will take place until a new application is submitted. Failure to complete all forms, provide requested information, submit all fees, take or retake required examinations within the specified time frame will be just cause for the application file to be closed. This action may be made by the Board’s Unit Director.

(6) If a completed application file has been initially denied by the reviewing Board member and ratified as such by the Board, the action will become final and the following shall occur:

(a) A notification of the denial shall be sent to the applicant by the Board’s Administrative Office by certified mail, return receipt requested. Specific reasons for the denial will be stated, such as incomplete information, unofficial records, failure of examination, and other matters judged insufficient for licensure, and such notification shall contain all the specific statutory and rule authorities for the denial.

(b) The notification, when appropriate, shall also contain a statement of the applicant’s right to request a contested case hearing under the Tennessee Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq.) to contest the denial and the procedure necessary to accomplish that action.

(c) An applicant has a right to a contested case hearing only if the licensure denial was based on subjective or discretionary criteria.

(7) If the Board finds that it has erred in the issuance of a license, provisional license, or registration, the Board will give written notice by certified mail, return receipt requested, of intent to revoke the license, provisional license, or registration. The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days from the date of receipt of the notification. If the applicant does not concur with the stated reason and the intent to revoke the license, the applicant shall have the right to proceed according to

Rule 1370-01-.07(6)(b).

History

Authority: T.C.A. §§ 63-1-142, 63-17-105, 63-17-110, 63-17-112, 63-17-115, and 63-17-117.
Administrative History: Original rule filed March 11, 1991; effective April 25, 1991. Repeal and new rule filed January 31, 2000; effective April 15, 2000. Amendment filed January 31, 2003; effective April 16, 2003. Amendment filed August 3, 2005; effective October 17, 2005. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.08 EXAMINATIONS

All persons intending to apply for licensure as a Speech Language Pathologist or Audiologist in Tennessee must successfully complete examinations pursuant to this rule.

(1) The Specialty Area Tests in Speech-Language Pathology and Audiology of the Professional Assessments for Beginning Teachers (Praxis Test) must be completed prior to application for licensure.

(2) Evidence of successful completion must be submitted by the examining agency directly to the Board’s Administrative Office as part of the application process pursuant to Rule 1370-01- .05.

(3) The Board adopts the Praxis Test, or its successor examination, as its licensure examination.

Successful completion of examination is a prerequisite to licensure pursuant to Rule 1370- 01-.05.

(4) The Board adopts the ASHA determination as to the passing score on the Praxis Test or successor examination.

(5) The Tennessee Jurisprudence Exam, established by the Board on the rules and statutes, must be successfully completed prior to licensure and/or reinstatement of licensure.

History

Authority: T.C.A. §§ 63-17-105, 63-17-110, and 63-17-111.
Administrative History: Original rule filed March 11, 1991; effective April 25, 1991. Repeal and new rule filed January 31, 2000; effective April 15, 2000. Amendment filed April 26, 2002; effective July 10, 2002. Amendment filed September 11, 2006, effective November 25, 2006. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.09 RENEWAL OF LICENSE OR REGISTRATION

(1) Renewal Application.

(a) The due date for license renewal is the expiration date indicated on the renewal certificate.

(b) Methods of Renewal 1. Internet Renewals - Individuals may apply for renewal and pay the necessary fees via the Internet. The application to renew can be accessed at: https://apps.tn.gov/hlrs/ 2. Paper Renewals - For individuals who have not renewed their license or registration online via the Internet, a renewal application form will be mailed to each individual licensed or registered by the Board to the last address provided to the Board. Failure to receive such notification does not relieve the licensee or registrant from the responsibility of meeting all requirements for renewal.

(c) To be eligible for license or registration renewal, an individual must submit to the Board’s Administrative Office on or before the due date for renewal all of the following:

A completed Renewal Application form;
The renewal and state regulatory fees as provided in Rule 1370-01-.06; and 3. Attestation on the Renewal Application form to indicate and certify completion of continuing education requirements pursuant to Rule 1370-01-.12.

(d) Licensees and registrants who fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their licenses or registrations processed pursuant to Rule 1200-10-01-.10.

(2) Exemption from Licensure or Registration Renewal - A licensee or registrant who does not plan to practice in Tennessee and who therefore does not intend to use the title ‘Speech Language Pathologist’ or ‘Audiologist’ or any title which conveys to the public that he is currently licensed or registered by this Board may apply to convert an active license or registration to retired, or inactive, status. These licensees must comply with the requirements of Rule 1370-01-.11.

(3) Reinstatement of an Expired License or Registration.

(a) Licensees and registrants who fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their licensure processed pursuant to Rule 1200-10-01-.10.

(b) Licensees and registrants who wish to reinstate a license or registration that has been expired for five (5) years or less shall meet the following conditions:

Payment of the renewal fee and state regulatory fees, pursuant to Rule 1370-01- .06; and 2. Payment of the late renewal fee, pursuant to Rule 1370-01-.06, which shall not exceed twice the renewal fee; and 3. Provide documentation of successfully completing continuing education requirements for every year the license or registration was expired, pursuant to

Rule 1370-01-.12.

License and registration reinstatement applications hereunder shall be treated as license and registration applications, and review and decisions shall be governed by Rule 1370-01-.07.

(c) Licensees and registrants who wish to reinstate a license or registration that has been expired for more than five (5) years shall be required to reapply for licensure in accordance with applicable laws and rules of the Board. As part of the application, the licensee or registrant shall include documentation of current ASHA certification or equivalent and documentation of having successfully completed continuing education requirements for each year the license or registration was expired pursuant to Rule

Tenn. Comp. R. & Regs. 1370-01-.10 .

(15) Failing to timely register supervision with the Board; and (16) Supervising a quantity of Speech Language Pathology Assistants, Clinical Fellows, or Audiology Clinical Externs inconsistent with the provisions of Rules 1370-01-.14 and/or 1370- 01-.10.

History

Authority: T.C.A. §§ 63-1-134, 63-1-146, 63-17-105, 63-17-117, and 63-17-128.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed September 11, 2006; effective November 25, 2006. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.11 RETIREMENT AND REACTIVATION OF LICENSE OR REGISTRATION

(1) (a) A licensee who holds a current license and does not intend to practice as a Speech Language Pathologist or Audiologist or intends to obtain an Inactive-Pro Bono Services license may apply to convert an active license to an Inactive-Retired status.

Such licensee who holds a retired license may not practice and will not be required to pay the renewal fee.

(b) A registrant who holds a current registration and does not intend to practice as a Speech Language Pathology Assistant may apply to convert and active registration to an Inactive-Retired status. Such registrant who holds a retired registration may not practice and will not be required to pay the renewal fee.

(2) A person who holds an active license or registration may apply for retired status in the following manner:

(a) Obtain, complete and submit to the Board’s Administrative Office an Affidavit of Retirement form; and (b) Submit any documentation which may be required by the form to the Board’s Administrative Office.

(3) A licensee or registrant who holds a retired license may apply to reactivate his license in the following manner:

(a) Submit a written request for licensure or registration reactivation to the Board’s Administrative Office;

(b) Pay the licensure or registration renewal fee and state regulatory fee as provided in

Rule 1370-01-.06; and (c) Provide documentation of successfully completing continuing education requirements pursuant to Rule 1370-01-.12.

(4) License and registration reactivation applications shall be treated as licensure applications and review decisions shall be governed by Rule 1370-01-.07.

History

Authority: T.C.A. §§ 63-1-111, 63-17-105, 63-17-115, 63-17-116, 63-17-124, 63-17-127, and 63-17-128.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed April 26, 2002; effective July 10, 2002. Amendment filed September 11, 2006; effective November 25, 2006. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.12 CONTINUING EDUCATION

All Speech Language Pathologists, Audiologists, and Speech Language Pathology Assistants must comply with the following continuing education rules as a prerequisite to licensure and registration renewal.

(1) Continuing Education - Hours Required (a) All Speech Language Pathologists and Audiologists must complete twenty (20) hours of continuing education during the two calendar years (January 1–December 31) that precede the licensure renewal year.

Ten (10) hours of the twenty (20) hour requirement must have been obtained in the licensee’s area of practice (Speech Language Pathology or Audiology); and 2. Ten (10) hours of the twenty (20) hour requirement may regard either Speech Language Pathology or Audiology.
For new licensees, proof of successful completion of all education and training requirements required for licensure in Tennessee, pursuant to Rule 1370-01-.04, which have been completed during the twelve (12) months preceding licensure, shall constitute continuing education credit for the initial period of licensure.

(b) All Speech Language Pathology Assistants must complete a minimum of ten (10) hours of continuing education during the two (2) calendar years (January 1–December 31) that precede the licensure renewal year cycle. For new registrants, proof of successful completion of all education and training requirements required for registration in Tennessee, pursuant to Rule 1370-01-.14, which have been completed during the twelve (12) months preceding registration, shall constitute continuing education credit for the initial period of registration.

(c) The Board does not pre-approve continuing education programs. It is the responsibility of the licensee or registrant, using his/her professional judgment, to determine whether or not the continuing education course is applicable and appropriate and meets the guidelines specified in this rule. Continuing education credit will not be allowed for the following 1. Regular work activities, administrative staff meetings, case staffing/reporting, etc.

Membership or holding office in or participation on boards or committees, or business meetings of professional organizations.
Independent unstructured, or self-structured, learning.
Training specifically related to policies and procedures of an agency.
Seminars, conferences or courses not directly related to Speech Language Pathology or Audiology (i.e. computers, finance, business management, etc.) or inconsistent with the requirements of subparagraph (a).

(d) Persons who hold dual licenses (Speech Language Pathology and Audiology) must complete a minimum of twenty (20) hours of continuing education during the two (2) calendar years that precede the licensure renewal cycle. The hours must be distributed equally between each specialty.

(e) For purposes of these Rules, one-tenth (0.1) Continuing Education Unit (CEU), as defined by ASHA and other CE course providers, is equivalent to sixty (60) minutes or one (1) hour of continuing education.

(f) Multi-Media - With successful completion of a written post-experience examination to evaluate material retention, multi-media courses may be taken for continuing education credit.

For Speech Language Pathologists and Audiologists, all of the hours required in subparagraph (a) may be granted for multi-media courses during each calendar year.
For Speech Language Pathology Assistants, all of the hours required in subparagraph (b) may be granted for multi-media courses during each calendar year.
Multi-Media courses may include courses utilizing:

(i) Group: Synchronous, live event. Instruction requires the simultaneous participation of all students and instructors in real time. Learners interact with the learning materials and the instructor at a specific location and time. Examples include but are not limited to workshops, seminars, symposium, webinar/videoconference, journal group, grand rounds, conventions, and conferences.

(ii) Individual: Asynchronous. Learners choose their own instructional time frame and location and interact with the learning materials and instructor according to their own schedules. Examples include but are not limited to video recordings, correspondence courses, audio recordings, programmed study, computer-assisted learning, and reading peer review journals/newsletters.

(iii) Blended: Combines elements of both group and individual learning experiences. These may be distance learning/online as well as face-toface/in person. These courses might have prerequisite reading, videotaping/case study viewing that must be completed prior to, during, or after the face-to-face/in person portion. Examples include but are not limited to live webinar that has required reading/case study review for which the participant will earn credit for successfully completing prior to, during, or after the live segment.

(iv) Independent Study: A learning event proposed by the learner and reviewed, monitored and approved by a Board approved independent study provider.

(g) The Board, in cases of documented illness, disability, other undue hardship or retirement, may 1. Waive the continuing education requirements; or 2. Extend the deadline to complete continuing education requirements.

(h) To be considered for a waiver of continuing education requirements, or for an extension of the deadline to complete the continuing education requirements, a licensee or registrant must request such in writing with supporting documentation before the end of the calendar year in which the continuing education requirements were not met.

(2) Documentation - Proof of Compliance.

(a) Each licensee and registrant must retain documentation of attendance and completion of all continuing education. If asked by the Board for inspection and/or verification purposes, the licensee or registrant must produce one (1) of the following:

Verification of continuing education by evidencing certificates which verify attendance at continuing education program(s); or 2. An original letter on official stationery from the continuing education’s program’s sponsor verifying the continuing education and specifying date, hours of actual attendance, program title, licensee or registrant name and number.

(b) Each licensee and registrant on the biennial renewal form must attest to completion of the required continuing education hours and that such hours were obtained during the two (2) calendar years (January 1–December 31) that precede the licensure or registration renewal year.

(c) Each licensee and registrant shall maintain, for a period of not less than four (4) years, all documentation pertaining to continuing education.

(3) Violations.

(a) Any licensee or registrant who falsely certifies attendance and completion of the required hours of continuing education requirements, or who does not or can not adequately substantiate completed continuing education hours with the required documentation, may be subject to disciplinary action pursuant to Rule 1370-01-.13.

Prior to the institution of any disciplinary proceedings, a letter shall be issued to the last known address of the individual stating the facts or conduct which warrants the intended action.
The licensee or registrant has thirty (30) days from the date of notification to show compliance with all lawful requirements for the retention of the license or registration.
Any licensee or registrant who fails to show compliance with the required continuing education hours in response to the notice contemplated by part (3)(a)1. above may be subject to disciplinary action (4) Continuing Education for Reactivation or Reinstatement of Retired or Expired Licenses and Registrations.

(a) An individual whose license or registration has been retired or has expired must complete the continuing education requirements for each year the license or registration was retired or expired as a prerequisite to reactivation or reinstatement.

The number of continuing education hours to be obtained, and the modality through which the continuing education hours may be obtained, shall be in accordance with the continuing education rules in place at the time the application for reactivation or reinstatement is submitted. The number of continuing education hours required for reactivation or reinstatement shall not exceed 100 hours. The continuing education hours obtained will be considered replacement hours and cannot be counted during the next licensure or registration renewal period.

History

Authority: T.C.A. §§ 63-17-105, 63-17-124, and 63-17-128.
Administrative History: (Formerly 1370-01- .10) New rule filed January 31, 2000; effective April 15, 2000. Amendment filed September 13, 2001; effective November 27, 2001. Amendment filed April 26, 2002; effective July 10, 2002. Amendment filed January 31, 2003; effective April 16, 2003. Amendment filed July 22, 2003; effective October 5, 2003. Amendment filed September 11, 2006; effective November 25, 2006. Amendments filed June 28, 2013; effective September 26, 2013. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.13 UNPROFESSIONAL AND UNETHICAL CONDUCT

The Board has the authority to refuse to issue a license, a provisional license, or registration, or may suspend, revoke, or condition a license, a provisional license or registration for a period of time, or assess a civil penalty against any person holding a license to practice as a Speech Language Pathologist, or Audiologist, or Clinical Fellow or registration as a Speech Language Pathology Assistant. In addition to the statute at T.C.A. § 63-17-117, unprofessional and/or unethical conduct shall include, but not be limited to the following:

(1) Engaging in clinical work when the licensee or registrant is not properly qualified to do so, pursuant to Rules 1370-01-.04 and 1370-01-.14, by successful completion of training, course work and/or supervised practicum;

(2) Failure to take precautions to avoid injury to the client;

(3) The guarantee or warranty of any sort, whether expressed orally or in writing, of the results of any speech, language, or hearing consultative or therapeutic procedure for the client;

(4) Diagnosis or treatment (excluding general information of an educational nature) of any individual speech, language or hearing disorders by correspondence;

(5) Willfully betraying a professional secret;

(6) Accepting for treatment, and/or continuing treatment of, any client where benefit cannot reasonably be expected to accrue or is unnecessary;

(7) Violation, or attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, any provision of the practice act or any lawful order of the Board issued pursuant thereto;

(8) Making false statements or representations, being guilty of fraud or deceit in obtaining admission to practice, or being guilty of fraud or deceit in the practice as a Speech Language Pathologist, Audiologist, or Speech Language Pathology Assistant;

(9) Engaging in the practice as a Speech Language Pathologist, Audiologist, or Speech Language Pathology Assistant under a false or assumed name, or the impersonation of another practitioner under a like, similar or different name;

(10) Violation of the continuing education provisions of Rule 1370-01-.12;

(11) Conviction of a felony or any offense involving moral turpitude;

(12) Failing to provide adequate supervision for any Speech Language Pathology Assistant pursuant to Rule 1370-01-.14;

(13) Failing to provide adequate supervision for any Clinical Fellow pursuant to Rule 1370-01-.10;

(14) Failing to provide adequate supervision for any Audiology Clinical Extern pursuant to Rule

Tenn. Comp. R. & Regs. 1370-01-.14 SPEECH LANGUAGE PATHOLOGY ASSISTANTS AND SUPERVISION

(1) Requirements.

(a) Speech Language Pathology Assistants.

Speech Language Pathology Assistants must work under the supervision of a licensed Speech Language Pathologist (“Supervising Licensee”).
The minimum qualifications for persons employed as Speech Language Pathology Assistants shall be as follows:

(i) The applicant must have completed a program of study designed to prepare the student to be a Speech Language Pathology Assistant. The applicant must have earned sixty (60) college-level semester credit hours in a program of study that includes general education and the specific knowledge and skills for a Speech Language Pathology Assistant. The training program shall include a minimum of one hundred (100) clock hours of field experience supervised by a licensed Speech Language Pathologist.

(I) At least twenty (20) semester credit hours of the sixty (60) hour requirement shall be in general education.

(II) At least twenty (20) semester credit hours of the sixty (60) hour requirement shall be in technical content. The course content must include the following:

I. Overview of normal processes of communication and overview of communication disorders;

II. Instruction in assistant-level service delivery practices;

III. Instruction in workplace behaviors;

IV. Cultural and linguistic factors in communication; and V. Observation.

(III) The one hundred (100) hours of supervised fieldwork experience must provide appropriate experience for learning the job responsibilities and workplace behaviors of a Speech Language Pathology Assistant. This experience is not intended to develop independent practice.

If the applicant’s academic institution does not provide for the full one hundred (100) hours of supervised field work experience by a licensed Speech Language Pathologist, then the applicant shall register with the Board and shall have a minimum of thirty (30) days up to a maximum of ninety (90) days to acquire the full one hundred (100) clock hours of field experience needed to become a fully credentialed Speech Language Pathology Assistant.

(2) Scope of Practice.

(a) A Speech Language Pathology Assistant shall not perform the following:

Interpret test results or perform diagnostic evaluations;
Conduct parent or family conferences or case conferences;
Perform client or family counseling;
Write, develop, or modify a client’s individualized treatment plan;
Treat clients without following the established plan;
Sign any document without the co-signature of the supervising Speech Language Pathologist;
Select or discharge clients for services;
Disclose clinical or confidential information, either orally or in writing, to anyone not designated by the Speech Language Pathologist;
Refer clients for additional outside service.

(3) Supervision by and Responsibilities of the Supervising Licensee.

(a) Prior to the commencement of training and/or employment, individuals seeking to be Speech Language Pathology Assistants must be registered by the Supervising Licensee with the Board on a registration form provided at the request of the Supervising Licensee.

The registration form shall be completed by the Supervising Licensee who shall return the completed form to the Board’s Administrative Office with a copy of the written plan of training to be used for that Speech Language Pathology Assistant.
The Speech Language Pathology Assistant shall not begin training and/or employment until he/she has registered with the Board and paid the required fees, as provided in Rule 1370-01-.06.
For those applicants whose academic institution does not provide for the full one hundred (100) hours of supervised field work experience by a licensed Speech Language Pathologist:

(i) The registration form shall be completed by the Supervising Licensee who shall return the completed form to the Board’s Administrative Office with a copy of the written plan of training to be used by the applicant.

(ii) The applicant shall not begin training and/or employment until he/she has registered with the Board. No fee shall be required during the thirty (30) to ninety (90) day period in which the applicant obtains the full one hundred (100) hours of supervised field work experience. Upon the completion of the full one hundred (100) hours, the applicant shall pay the required fees, as provided in Rule 1370-01-.06, to become a fully credentialed Speech Language Pathology Assistant.

(b) The Supervising Licensee is responsible for designating an alternate licensed Speech Language Pathologist and ensuring that the designated alternate licensed Speech Language Pathologist is available to provide supervision when he/she is unavailable for any period of time. The designated alternate licensed Speech Language Pathologist must be registered with the Board as the alternate and should be documented on all written materials for training.

(c) Notice of employment, change of supervisor, or termination of any Speech Language Pathology Assistant must be forwarded by the Supervising Licensee to the Board’s Administrative Office within thirty (30) days of such action.

(d) Prior to utilizing a Speech Language Pathology Assistant, the licensed Speech Language Pathologist who is responsible for his or her direction shall carefully define and delineate the role and tasks. The Speech Language Pathologist shall:

Define and maintain a specific line of responsibility and authority; and 2. Assure that the Speech Language Pathology Assistant is responsible only to him or her in all client-related activities.

(e) Any licensed Speech Language Pathologist may delegate specific clinical tasks to a registered Speech Language Pathology Assistant who has completed sufficient training. However, the legal, ethical, and moral responsibility to the client for all services provided, or omitted, shall remain the responsibility of the Supervising Licensee or of the licensed Speech Language Pathologist acting as supervisor in the absence of the Supervising Licensee. A Speech Language Pathology Assistant shall be clearly identified as an assistant by a badge worn during all contact with the client.

(f) When a Speech Language Pathology Assistant assists in providing treatment, a Supervising Licensee shall:

Provide a minimum of fifteen (15) hours of training for the competent performance of the tasks assigned. This training shall be completed during the first thirty (30) days of employment. A written plan for this training shall be submitted with registration. This training should include, but not be limited to, the following:

(i) Normal processes in speech, language, and hearing;

(ii) A general overview of disorders of speech, language, and hearing;

(iii) An overview of professional ethics and their application to the Speech Language Pathology Assistant activities;

(iv) Training for the specific job setting shall include information on:

(I) The primary speech, language, and hearing disorders treated in that setting;

(II) Response discrimination skills pertinent to the disorders to be seen;

(III) Equipment to be used in that setting;

(IV) Program administration skills, including stimulus presentation, data collection, and reporting procedures, screening procedures, and utilization of programmed instructional materials; and (V) Behavior management skills appropriate to the population being served.

Evaluate each client prior to treatment.
Outline and direct the specific program for the clinical management of each client assigned to the Speech Language Pathology Assistant.
Provide direct/indirect supervision according to the following minimum standards:

(i) Provide direct supervision for the first ten (10) hours of client contact upon completion of training, provided however, that this subpart shall not apply to telephone calls or emails to clients;

(ii) Provide direct supervision of at least ten percent (10%) of a Speech Language Pathology Assistant’s time each week;

(iii) Provide indirect supervision of at least twenty percent (20%) of a Speech Language Pathology Assistant’s time each week;

(iv) The Supervising Licensee or any Speech Language Pathologist acting as supervisor in the absence of the Supervising Licensee shall be available at all times;

(v) All direct and indirect supervision shall be documented and shall include information on the quality of a Speech Language Pathology Assistant’s performance;

(vi) Whenever the Speech Language Pathology Assistant’s performance is judged to be unsatisfactory after two (2) consecutive observations, the Speech Language Pathology Assistant shall be retrained in the necessary skills. Direct supervision shall be increased to one hundred percent (100%) of all clinical sessions, until the Speech Language Pathology Assistant’s performance is judged to be satisfactory over two (2) consecutive observations;

(vii) Ensure that the termination of services is initiated by the Speech Language Pathologist responsible for the client; and (viii) Make all decisions regarding the diagnosis, management, and future disposition of the client.

Provide direct/indirect supervision for an individual who is completing the required one hundred (100) hours of supervised field work experience pursuant to part (3)(a)3., as follows:

(i) Fifty percent (50%) of the remaining hours must be supervised directly;

(ii) Of the hours remaining pursuant to subpart (3)(f)5.(i), at least twenty-five percent (25%) must be supervised directly; and (iii) Any remaining hours must be supervised indirectly.

(iv) Example: If the individual needs to complete eighty (80) of the required 100 hours of supervised field work experience, the first forty (40) hours (50%) must be supervised directly. Of the remaining forty (40) hours, at least ten (10) of those hours (25%) must be supervised directly, and the remaining thirty (30) hours must be supervised indirectly.

(g) Supervision limitations.

Supervising Licensees shall supervise no more than three (3) individuals concurrently. Supervising Licensees may also serve as an alternate supervisor for one (1) additional SLPA.

(i) Supervising Licensees shall supervise no more than two (2) Speech Language Pathology Assistants concurrently.

(ii) Supervising Licensees shall supervise no more than three (3) Clinical Fellows concurrently.

Supervising Licensees shall be at least two (2) years removed from the completion of their Clinical Fellowship work.

History

Authority: T.C.A. §§ 63-17-103, 63-17-105, and 63-17-128.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed June 22, 2004; effective September 5, 2004. Amendment filed August 3, 2005; effective October 17, 2005. Amendment filed September 11, 2006; effective November 25, 2006. Amendment filed April 6, 2010; effective July 5, 2010. Repeal and new rule filed June 28, 2013; effective September 26, 2013. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.15 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS, AND

SUBPOENAS.

(1) Upon a finding by the Board that the Speech Language Pathologist, Audiologist, Clinical Fellow, or Speech Language Pathology Assistant has violated any provision of the T.C.A. §§ 63-17-101, et seq., or the rules promulgated thereto, the Board may impose any of the following actions separately or in any combination deemed appropriate to the offense:

(a) Letter of Warning or Letter of Concern - This is a written action issued to the Speech Language Pathologist, Audiologist, Clinical Fellow, or Speech Language Pathology Assistant for minor or near infractions. It is informal and advisory in nature and does not constitute a formal disciplinary action. If the Board takes this action as a result of a contested case hearing, it shall be considered an adverse act by the Board and reportable to the National Practitioner Databank and/or similar agency.

(b) Formal Censure or Reprimand - This is a written action issued to a Speech Language Pathologist, Audiologist, Clinical Fellow, or Speech Language Pathology Assistant for one (1) time and less severe violations. It is a formal disciplinary action which must be accepted by the Speech Language Pathologist, Audiologist, Clinical Fellow, or Speech Language Pathology Assistant and ratified by the Board.

(c) Probation - This is a formal disciplinary action which places a Speech Language Pathologist, Audiologist, Clinical Fellow, or Speech Language Pathology Assistant on close scrutiny for a fixed period of time. This action may be combined with conditions which must be met before probation will be lifted and/or which restrict the individual’s activities during the probationary period.

(d) Suspension of License, Provisional License, or Registration - This is a formal disciplinary action which suspends the right to practice for a fixed period of time. It contemplates the re-entry into practice under the licensure, provisional licensure, or registration previously issued.

(e) Revocation of License, Provisional License, or Registration - This is the most severe form of disciplinary action which removes an individual from the practice of the profession and terminates the license, provisional license, or registration previously issued. If revoked, it relegates the violator to the status he possessed prior to application for licensure, provisional licensure, or registration. Application for reinstatement of a revoked license, provisional license, or registration shall be treated as a new application for licensure, provisional licensure, or registration which shall not be considered by the Board prior to the expiration of at least one (1) year, unless otherwise stated in the Board’s revocation order.

(f) Civil Penalty - A monetary disciplinary action assessed by the Board pursuant to paragraph (4) of this rule.

(g) Conditions - Any action deemed appropriate by the Board to be required of a disciplined licensee, provisional licensee, or registrant in any of the following circumstances:

During any period of probation, suspension; or 2. During any period of revocation after which the licensee, provisional licensee, or registrant may petition for an order of compliance to reinstate the revoked license; or 3. As a prerequisite to the lifting of probation or suspension or as a prerequisite to the reinstatement of a revoked license, provisional license, or registration; or 4. As a stand-alone requirement(s) in any disciplinary order.

(h) Once ordered, probation, suspension, assessment of a civil penalty, or any other condition of any type of disciplinary action may not be lifted unless and until the licensee, provisional licensee, or registrant petitions, pursuant to paragraph (2) of this

rule and all conditions placed on the probation or suspension have been met, and after any civil penalties assessed have been paid.

(2) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinary orders and is available only when a petitioner has completely complied with the provisions of a previously issued disciplinary order, including an unlicensed or unregistered practice civil penalty order, and wishes or is required to obtain an order reflecting that compliance.

(a) The Board will entertain petitions for an Order of Compliance as a supplement to a previously issued order upon strict compliance with the procedures set forth in subparagraph (b) in only the following two (2) circumstances:

When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance; or 2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation.

(b) Procedures 1. The petitioner shall submit a Petition for Order of Compliance, as contained in subparagraph (c), to the Board’s Administrative Office that shall contain all of the following:

(i) A copy of the previously issued order; and (ii) A statement of which provision of subparagraph (a) the petitioner is relying upon as a basis for the requested order; and (iii) A copy of all documents that prove compliance with all the terms or conditions of the previously issued order. If proof of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner must submit signed statements from every individual the petitioner intends to rely upon attesting, under oath, to the compliance. The Board’s consultant and administrative staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

(i) Certify compliance and have the matter scheduled for presentation to the Board as an uncontested matter; or (ii) Deny the petition, after consultation with legal staff, if compliance with all of the provisions of the previous order is not proven and notify the petitioner of what provisions remain to be fulfilled and/or what proof of compliance was either not sufficient or not submitted.

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the Board finds that the petitioner has complied with all the terms of the previous order an Order of Compliance shall be issued.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200-10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

The petitioner respectfully represents, as substantiated by the attached documentation, that all provisions of the attached disciplinary order have been complied with and I am respectfully requesting: (circle one)

An order issued reflecting that compliance; or 2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation.

Note – You must enclose all documents necessary to prove your request including a copy of the original order. If any of the proof you are relying upon to show compliance is the testimony of any individual, including yourself, you must enclose signed statements from every individual you intend to rely upon attesting, under oath, to the compliance. The Board’s consultant and administrative staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, this petition.

Respectfully submitted this the day of , 20 . __________________________________ Petitioner’s Signature (3) Order Modifications - This procedure is not intended to allow anyone under a previously issued disciplinary order, including an unlicensed or unregistered practice civil penalty order, to modify any findings of fact, conclusions of law, or the reasons for the decision contained in the order. It is also not intended to allow a petition for a lesser disciplinary action, or civil penalty other than the one(s) previously ordered. All such provisions of Board orders were subject to reconsideration and appeal under the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq.). This procedure is not available as a substitute for reconsideration and/or appeal and is only available after all reconsideration and appeal rights have been either exhausted or not timely pursued. It is also not available for those who have accepted and been issued a reprimand.

(a) The Board will entertain petitions for modification of the disciplinary portion of previously issued orders upon strict compliance with the procedures set forth in subparagraph (b) only when the petitioner can prove that compliance with any one or more of the conditions or terms of the discipline previously ordered is impossible. For purposes of this rule the term “impossible” does not mean that compliance is inconvenient or impractical for personal, financial, scheduling or other reasons.

(b) Procedures 1. The petitioner shall submit a written and signed Petition for Order Modification on the form contained in subparagraph (c) to the Board’s Administrative Office that shall contain all of the following:

(i) A copy of the previously issued order; and (ii) A statement of why the petitioner believes it is impossible to comply with the order as issued; and (iii) A copy of all documents that proves that compliance is impossible. If proof of impossibility of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner must submit signed and notarized statements from every individual the petitioner intends to rely upon attesting, under oath, to the reasons why compliance is impossible.

No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Board authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

(i) Certify impossibility of compliance and forward the petition to the Office of General Counsel for presentation to the Board as an uncontested matter; or (ii) Deny the petition, after consultation with legal staff, if impossibility of compliance with the provisions of the previous order is not proven and notify the petitioner of what proof of impossibility of compliance was either not sufficient or not submitted.

If the petition is presented to the Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the petition is granted a new order shall be issued reflecting the modifications authorized by the Board that it deemed appropriate and necessary in relation to the violations found in the previous order.
If the petition is denied either initially by staff or after presentation to the Board and the petitioner believes impossibility of compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200- 10-01-.11.

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

The petitioner respectfully represents that for the following reasons, as substantiated by the attached documentation, the identified provisions of the attached disciplinary order are impossible for me to comply with:

Note – You must enclose all documents necessary to prove your request including a copy of the original order. If any of the proof you are relying upon to show impossibility is the testimony of any individual, including yourself, you must enclose signed and notarized statements from every individual you intend to rely upon attesting, under oath, to the reasons why compliance is impossible. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, this petition.

Respectfully submitted this the day of , 20 . __________________________________ Petitioner’s Signature (4) Civil Penalties.

(a) Purpose - The purpose of this rule is to set out a schedule designating the minimum and maximum civil penalties which may be assessed pursuant to T.C.A. § 63-1-134.

(b) Schedule of Civil Penalties.

A Type A Civil Penalty may be imposed whenever the Board finds a person who is required to be licensed or registered by the Board guilty of a willful and knowing violation of the Act, or regulations pursuant thereto, to such an extent that there is, or is likely to be, an imminent substantial threat to the health, safety, and welfare of an individual client or the public. For purposes of this section, willfully and knowingly practicing as a Speech Language Pathologist, Audiologist or Speech Language Pathology Assistant without a license, registration, or an exempted classification, constitutes a violation for which a Type A Civil Penalty shall be assessed.
A Type B Civil Penalty may be imposed whenever the Board finds a person who is required to be licensed or registered by the Board guilty of a violation of the Act, or regulations pursuant thereto, in such a manner as to impact directly on the care of clients or the public.
A Type C Civil Penalty may be imposed whenever the Board finds a person who is required to be licensed or registered by the Board guilty of a violation of the Act, or regulations pursuant thereto, which is neither directly detrimental to the client or the public, nor directly impacts their care, but which only has an indirect relationship to the care of clients or the public.

(c) Amount of Civil Penalties 1. Type A Civil Penalties shall be assessed in an amount not less than $500 nor more than $1,000.

Type B Civil Penalties shall be assessed in an amount not less than $100 nor more than $500.
Type C Civil Penalties shall be assessed in an amount not less than $50 nor more than $100.

(d) Procedures for Assessing Civil Penalties 1. The Division of Health Related Boards may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Division shall state in the memorandum the facts and the law upon which it relies in alleging a violation, the proposed amount of civil penalty and the basis for such penalty. The Division may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.

Civil Penalties may also be initiated and assessed by the Board during consideration of any Notice of Charges. In addition, the Board may, upon good cause shown, assess type and amount of civil penalty which was not recommended by the Division.
In assessing the civil penalties pursuant to these Rules, the Board may consider the following factors:

(i) Whether the amount imposed will be a substantial economic deterrent to the violator;

(ii) The circumstances leading to the violation;

(iii) The severity of the violation and the risk of harm to the public;

(iv) The economic benefits gained by the violator as a result of noncompliance; and (v) The interest of the public.

(5) Assessment of costs in disciplinary proceedings shall be as set forth in T.C.A. §§ 63-1-144 and 63-17-219.

(6) Subpoenas (a) Purpose - Although this rule applies to persons and entities other than Speech Language Pathologists and Audiologists, it is the Board’s intent as to Speech Language Pathologists and Audiologists that they be free to practice their profession without fear that such practice or its documentation will be unduly subjected to scrutiny outside the profession. Consequently, balancing that intent against the interest of the public and patients to be protected against substandard care and activities requires that persons seeking to subpoena such information and/or materials must comply with the substance and procedures of these rules.

It is the intent of the Board that the subpoena power outlined herein shall be strictly proscribed. Such power shall not be used by the division or council investigators to seek other incriminating evidence against Speech Language Pathologists and Audiologists when the division or Board does not have a complaint or basis to pursue such an investigation. Thus, unless the division or its investigators have previously considered, discovered, or otherwise received a complaint from either the public or a governmental entity, then no subpoena as contemplated herein shall issue.

(b) Definitions - As used in this chapter of rules the following words shall have the meanings ascribed to them:

Probable Cause (i) For Investigative Subpoenas - Shall mean that probable cause, as defined by case law at the time of request for subpoena issuance is made, exists that a violation of the Licensure Act for Communication Disorders and Sciences or rules promulgated pursuant thereto has occurred or is occurring and that it is more probable than not that the person(s), or items to be subpoenaed possess or contain evidence which is more probable than not relevant to the conduct constituting the violation.

(ii) The utilization of the probable cause evidentiary burden in proceedings pursuant to this rule shall not in any way, nor should it be construed in any way to establish a more restrictive burden of proof than the existing preponderance of the evidence in any civil disciplinary action which may involve the person(s) or items that are the subject of the subpoena.

Presiding Officer - For investigative subpoenas shall mean any elected officer of the Board, or any duly appointed or elected chairperson of any panel of the Board.

(c) Procedures 1. Investigative Subpoenas (i) Investigative Subpoenas are available only for issuance to the authorized representatives of the Tennessee Department of Health, its investigators and its legal staff.

(ii) An applicant for such a subpoena must either orally or in writing notify the Board’s Unit Director of the intention to seek issuance of a subpoena. That notification must include the following:

(I) The time frame in which issuance is required so the matter can be timely scheduled; and (II) A particular description of the material or documents sought, which must relate directly to an ongoing investigation or contested case, and shall, in the instance of documentary materials, be limited to the records of the patient or patients whose complaint, complaints, or records are being considered by the division or Board.

I. In no event shall such subpoena be broadly drafted to provide investigative access to Speech Language Pathology or Audiology records of other patients who are not referenced either in a complaint received from an individual or governmental entity, or who have not otherwise sought relief, review, or Board consideration of any Speech Language Pathologist’s or Audiologist’s conduct, act, or omission.

(III) Whether the proceedings for the issuance are to be conducted by physical appearance or electronic means; and (IV) The name and address of the person for whom the subpoena is being sought, or who has possession of the items being subpoenaed.

(iii) The Board’s Unit Director shall cause to have the following done:

(I) In as timely a manner as possible arrange for either an elected officer of the Board, or any duly appointed or elected chairperson of any panel of the Board, to preside and determine if issuing the subpoena should be recommended to the full Board; and (II) Establish a date, time and place for the proceedings to be conducted and notify the presiding officer, the applicant and the court reporter; and (III) Maintain a complete record of the proceedings in such a manner as to:

I. Preserve a verbatim record of the proceeding; and II. Prevent the person presiding over the proceedings and/or signing the subpoena from being allowed to participate in any manner in any disciplinary action of any kind formal or informal which may result which involves either the person or the documents or records for which the subpoena was issued.

(iv) The Proceedings (I) The applicant shall do the following:

I. Provide for the attendance of all persons whose testimony is to be relied upon to establish probable cause; and II. Produce and make part of the record copies of all documents to be utilized to establish probable cause; and III. Obtain, complete and provide to the presiding officer a subpoena which specifies the following:

A. The name and address of the person for whom the subpoena is being sought or who has possession of the items being subpoenaed; and B. The location of the materials, documents or reports for which production pursuant to the subpoena is sought if that location is known; and C. A brief, general description of any items to be produced pursuant to the subpoena; and D. The date, time and place for compliance with the subpoena.

IV. Provide the presiding officer testimony and/or documentary evidence, which in good faith, the applicant believes is sufficient to establish that probable cause exists for issuance of the subpoena, as well as sufficient proof that all other reasonably available alternative means of securing the materials, documents or items have been unsuccessful.

(II) The presiding officer shall do the following:

I. Have been selected only after assuring the Board’s Unit Director that he or she has no prior knowledge of or any direct or indirect interest in or relationship with the person(s) being subpoenaed and/or the licensee who is the subject of the investigation; and II. Commence the proceedings and swear all necessary witnesses; and III. Hear and maintain the confidentiality, if any, of the evidence presented at the proceedings and present to the full Board only that evidence necessary for an informed decision; and IV. Control the manner and extent of inquiry during the proceedings and be allowed to question any witness who testifies; and V. Determine based solely on the evidence presented in the proceedings whether probable cause exists and if so, make such recommendation to the full Board; and VI. Sign the subpoena as ordered to be issued; and VII. Not participate in any way in any other proceeding whether formal or informal, which involves the matters, items or person(s) which are the subject of the subpoena. This does not preclude the presiding officer from presiding at further proceedings for issuance of subpoenas in the matter.

(III) The Board shall do the following:

I. Issue the subpoena for the person(s) or items specifically found to be relevant to the inquiry, or quash or modify an existing subpoena by a majority vote; and II. Sign the subpoena as ordered to be issued, quashed or modified.

Post-Notice of Charges Subpoenas - If the subpoena is sought for a contested case being heard with an Administrative Law Judge from the Secretary of State’s office presiding, this definition shall not apply and all such post-notice of charges subpoenas should be obtained from the office of the Administrative Procedures Division of the Office of the Secretary of State pursuant to the Uniform Administrative Procedures Act and rules promulgated pursuant thereto.

(d) Subpoena Forms 1. All subpoenas shall be issued on forms approved by the Board.

The subpoena forms may be obtained by contacting the Board’s Administrative Office.

(e) Subpoena Service - Any method of service of subpoenas authorized by the Tennessee Rules of Civil Procedure or the rules of the Tennessee Department of State, Administrative Procedures Division may be utilized to serve subpoenas pursuant to this

rule.

History

Authority: T.C.A. §§ 63-1-134, 63-1-146, 63-17-105, 63-17-117, and 63-17-128.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed February 10, 2000; effective April 25, 2000. Amendments filed May 3, 2001; effective July 17, 2001. Amendment filed July 22, 2003; effective October 5, 2003. Amendments filed September 24, 2004; effective December 8, 2004. Amendments filed September 11, 2006; effective November 25, 2006. Amendment filed September 14, 2010; effective December 13, 2010. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.16 DISPLAY/REPLACEMENT OF LICENSE OR REGISTRATION

(1) Display of License or Registration - Every person licensed, provisionally licensed, or registered by the Board shall display his license or registration in a conspicuous place in his office and, whenever required, exhibit such license to the Board or its authorized representative.

(2) Replacement License - A licensee whose ‘artistically designed’ wall license has been lost or destroyed may be issued a new wall license upon receipt of a written request to the Board’s Administrative Office. Such written request shall be accompanied by an affidavit (signed and notarized) stating the facts concerning the loss or destruction of the original wall license.

History

Authority: T.C.A. §§ 63-1-106, 63-1-109, and 63-17-105.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed September 11, 2006; effective November 25, 2006. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.17 CHANGE OF ADDRESS AND/OR NAME

(1) Before engaging in practice, the licensee, provisional licensee, or registrant shall notify the Board’s Administrative Office, in writing, of the address of his/her primary business.

(2) If any changes occur in the address of his/her place of business, the licensee, provisional licensee, or registrant must notify the Board’s Administrative Office, in writing, within thirty (30) days of such change; such written notification must reference the licensee’s, provisional licensee’s, or registrant’s name, profession, and number. Failure to give such notice of business address change shall be deemed just cause for disciplinary action by the Board.

(3) If any changes occur in the licensee’s, provisional licensee’s or registrant’s name, the licensee, provisional licensee, or registrant must notify the Board’s Administrative Office within thirty (30) days of the name change. Said notification must be made in writing and must also reference the licensee’s, provisional licensee’s, or registrant’s prior name and number. A copy of the official document evidencing the name change must be forwarded with the written notification.

History

Authority: T.C.A. §§ 63-1-106, 63-1-108, and 63-17-105.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed September 11, 2006; effective November 25, 2006. Amendments filed June 8, 2022; effective September 6, 2022. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.18 CONSUMER RIGHT-TO-KNOW REQUIREMENTS

(1) Criminal Conviction Reporting Requirements - For purposes of the Health Care Consumer Right-To-Know Act of 1998, the following criminal convictions must be reported:

(a) Conviction of any felony; and (b) Conviction or adjudication of guilt of any misdemeanor, regardless of its classification, in which any element of the misdemeanor involves any one or more of the following:

Sexual misconduct on the part of the practitioner.
Alcohol or drug abuse on the part of the practitioner.
Life-threatening, physical injury or threat of life-threatening, physical injury by the practitioner.
Abuse or neglect of any minor, spouse, or the elderly by the practitioner.
Fraud or theft on the part of the practitioner.

(2) If any misdemeanor conviction reported under this rule is ordered expunged, a copy of the order of expungement signed by the judge must be submitted to the Department before the conviction will be expunged from any profile in accordance with the requirements of T.C.A. § 63-32-105(a)(1).

History

Authority: T.C.A. §§ 63-17-105, 63-17-117, and 63-32-101, et seq.
Administrative History: Original rule filed February 17, 2000; effective May 2, 2000. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.19 BOARD MEETINGS, OFFICERS, CONSULTANTS, DECLARATORY ORDERS AND

SCREENING PANELS.

(1) Board meetings - The time, place, and frequency of Board meetings shall be at the discretion of the Chairperson or after the written request of any two (2) members of the Board, except at least one (1) meeting shall be held annually.

(2) The Board shall elect annually from its membership a chairperson and a secretary who each shall hold office for one (1) year, or until the election and qualification of a successor. In the absence of the Board’s chair, the meeting shall be chaired by the Board’s Secretary.

(a) Chairperson - Presides at all Board meetings.

(b) Secretary - Who along with the Board’s administrator shall be responsible for correspondence from the Board.

(c) If a need arises, the Board can elect by majority vote a chair Pro Tem to serve as Chairperson for that Board meeting.

(3) The Board has the authority to select a Board Consultant who shall serve as a Consultant to the Division and who is vested with the authority to do the following acts:

(a) Review complaints and recommend whether and what type disciplinary actions should be instituted as the result of complaints received or investigations conducted by the Division of Legal Services and Enforcement;

(b) Recommend whether and upon what terms a complaint, case or disciplinary action might be settled. Any matter proposed for settlement must be subsequently reviewed, evaluated, and ratified by the Board before it becomes effective; and (c) Undertake any other matter authorized by a majority vote of the Board of Communications Disorders and Sciences.

(4) Declaratory Orders - The Board adopts, as if fully set out herein, Rule 1200-10-01-.11, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the declaratory order process. All declaratory order petitions involving statutes, rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained from the Board’s Administrative Office (5) Screening Panels - The Board adopts, as if fully set out herein, Rule 1200-10-01-.13, of the Division of Health Related Boards and as it may from time to time be amended, as its Rule governing the screening panel process.

(6) Reconsiderations and Stays - The Board authorizes the member who chaired the Board for a contested case to be the agency member to make the decisions authorized pursuant to Rule

Tenn. Comp. R. & Regs. 1370-01-.20 ADVERTISING

(1) Policy Statement. The lack of sophistication on the part of many of the public concerning communications disorder services, the importance of the interests affected by the choice of a Speech Language Pathologist or Audiologist and the foreseeable consequences of unrestricted advertising by Speech Language Pathologists or Audiologists which is recognized to pose special possibilities for deception, require that special care be taken by Speech Language Pathologists or Audiologists to avoid misleading the public. The Speech Language Pathologist or Audiologist must be mindful that the benefits of advertising depend upon its reliability and accuracy. Since advertising by Speech Language Pathologists or Audiologists is calculated and not spontaneous, reasonable regulation designed to foster compliance with appropriate standards serves the public interest without impeding the flow of useful, meaningful, and relevant information to the public.

(2) Definitions (a) Advertisement - Informational communication to the public in any manner designed to attract public attention to the practice of a Speech Language Pathologist or Audiologist who is licensed to practice in Tennessee.

(b) Licensee - Any person holding a license to practice Speech Language Pathology and/or Audiology in the State of Tennessee. Where applicable this shall include partnerships and/or corporations.

(c) Material Fact - Any fact which an ordinary reasonable and prudent person would need to know or rely upon in order to make an informed decision concerning the choice of practitioners to serve his or her particular needs.

(d) Bait and Switch Advertising - An alluring but insincere offer to sell a product or service which the advertiser in truth does not intend or want to sell. Its purpose is to switch consumers from buying the advertised service or merchandise, in order to sell something else, usually for a higher fee or on a basis more advantageous to the advertiser.

(e) Discounted Fee - Shall mean a fee offered or charged by a person for a product or service that is less than the fee the person or organization usually offers or charges for the product or service. Products or services expressly offered free of charge shall not be deemed to be offered at a “discounted fee.”

(3) Advertising Fees and Services (a) Fixed Fees. Fixed fees may be advertised for any service. It is presumed unless otherwise stated in the advertisement that a fixed fee for a service shall include the cost of all professional recognized components within generally accepted standards that are required to complete the service.

(b) Range of Fees. A range of fees may be advertised for services and the advertisement must disclose the factors used in determining the actual fee, necessary to prevent deception of the public.

The discount fee is in fact lower than the licensee’s customary or usual fee charged for the service; and 2. The licensee provides the same quality and components of service and material at the discounted fee that are normally provided at the regular, non-discounted fee for that service.

(d) Related Services and Additional Fees. Related services which may be required in conjunction with the advertised services for which additional fees will be charged must be identified as such in any advertisement.

(e) Time Period of Advertised Fees.

Advertised fees shall be honored for those seeking the advertised services during the entire time period stated in the advertisement whether or not the services are actually rendered or completed within that time.
If no time period is stated in the advertisement of fees, the advertised fee shall be honored for thirty (30) days from the last date of publication or until the next scheduled publication whichever is later whether or not the services are actually rendered or completed within that time.

(4) Advertising Content. The following acts or omissions in the context of advertisement by any licensee shall constitute unprofessional conduct, and subject the licensee to disciplinary action pursuant to T.C.A. § 63-17-117.

(a) Claims that the services performed, personnel employed, materials or office equipment used are professionally superior to that which is ordinarily performed, employed, or used, or that convey the message that one licensee is better than another when superiority of services, personnel, materials or equipment cannot be substantiated.

(b) The misleading use of an unearned or non-health degree in any advertisement.

(c) Promotion of professional services which the licensee knows or should know are beyond the licensee’s ability to perform.

(d) Techniques of communication which intimidate, exert undue pressure or undue influence over a prospective client.

(e) Any appeals to an individual’s anxiety in an excessive or unfair manner.

(f) The use of any personal testimonial attesting to a quality or competency of a service or treatment offered by a licensee that is not reasonably verifiable.

(g) Utilization of any statistical data or other information based on past performances for prediction of future services, which creates an unjustified expectation about results that the licensee can achieve.

(h) The communication of personal identifiable facts, data, or information about a patient without first obtaining patient consent.

(i) Any misrepresentation of a material fact.

(j) The knowing suppression, omission or concealment of any material fact or law without which the advertisement would be deceptive or misleading.

(k) Statements concerning the benefits or other attributes of professional procedures or products that involve significant risks without including:

A realistic assessment of the safety and efficiency of those procedures or products; and 2. The availability of alternatives; and 3. Where necessary to avoid deception, descriptions or assessment of the benefits or other attributes of those alternatives.

(l) Any communication which creates an unjustified expectation concerning the potential results of any treatment.

(m) Failure to comply with the rules governing advertisement of fees and services, or advertising records.

(n) The use of “bait and switch” advertisements. Where the circumstances indicate “bait and switch” advertising, the Board may require the licensee to furnish data or other evidence pertaining to those sales at the advertised fee as well as other sales.

(o) Misrepresentation of a licensee’s credentials, training, experience, or ability.

(p) Failure to include the corporation, partnership or individual licensee’s name, address, and telephone number in any advertisement. Any corporation, partnership or association which advertises by use of a trade name or otherwise fails to list all licensees practicing at a particular location shall:

Upon request provide a list of all licensees practicing at that location; and 2. Maintain and conspicuously display at the licensee’s office, a directory listing all licensees practicing at that location.

(q) Failure to disclose the fact of giving compensation or anything of value to representatives of the press, radio, television or other communicative medium in anticipation of or in return for any advertisement (for example, newspaper article) unless the nature, format or medium of such advertisement make the fact of compensation apparent.

(r) After thirty (30) days of the licensee’s departure, the use of the name of any licensee formerly practicing at or associated with any advertised location or on office signs or buildings. This rule shall not apply in the case of a retired or deceased former associate who practiced in association with one or more of the present occupants if the status of the former associate is disclosed in any advertisement or sign.

(s) Stating or implying that a certain licensee provides all services when any such services are performed by another licensee.

(t) Directly or indirectly offering, giving, receiving, or agreeing to receive any fee or other consideration to or from a third party for the referral of a client in connection with the performance of professional services.

(5) Advertising Records and Responsibility (a) Each licensee who is a principal partner, or officer of a firm or entity identified in any advertisement, is jointly and severally responsible for the form and content of any advertisement. This provision shall also include any licensed professional employees acting as an agent of such firm or entity.

(b) Any and all advertisement are presumed to have been approved by the licensee named therein.

(c) A recording of every advertisement communicated by electronic media, and a copy of every advertisement communicated by print media, and a copy of any other form of advertisement shall be retained by the licensee for a period of two (2) years from the last date of broadcast or publication and be made available for review upon request by the Board or its designee.

(d) At the time any type of advertisement is placed, the licensee must possess and rely upon information which, when produced, would substantiate the truthfulness of any assertion, omission or representation of material fact set forth in the advertisement or public communication.

(6) Severability. It is hereby declared that the sections, clauses, sentences and parts of these rules are severable, are not matters of mutual essential inducement, and any of them shall be rescinded if these rules would otherwise be unconstitutional or ineffective. If any one or more sections, clauses, sentences or parts shall for any reason be questioned in court, and shall be adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions thereof, but shall be confined in its operation to the specific provision or provisions so held unconstitutional or invalid, and the inapplicability or invalidity of any section, clause, sentence or part in any one or more instances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance.

History

Authority: T.C.A. §§ 63-1-145, 63-1-146, 63-17-105, and 63-17-117.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed September 11, 2006; effective November 25, 2006. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1370-01-.21 TELECOMMUNICATIONS AND TELESUPERVISION

(1) Policy Statement. Telecommunications may be used to deliver services to clients who are physically present in Tennessee at the time they receive the services. Such use of telecommunications is in the public interest provided the practitioners comply with the requirements of T.C.A. § 63-1-155 and this rule.

(2) Pursuant to T.C.A. § 63-1-155, Audiologists, Speech Language Pathologists, Clinical Fellows, Speech Language Pathology Assistants, and Audiology Clinical Externs are considered healthcare providers authorized to engage in telecommunications. Pursuant to T.C.A. § 63-1-155(a)(1)(D), graduates or students are also considered healthcare providers authorized to engage in telecommunications.

(3) For purposes of this rule, “synchronous telecommunications” and “asynchronous telecommunications” shall have the same definitions found in T.C.A. §§ 63-1-155(a)(3)(A) for “Telehealth” and 63-1-155(a)(2) for “Store-and-forward telemedicine services”, respectively.

(4) Telecommunications shall include but not be limited to dedicated video systems, computers, and other similar electronic devices linked via hardwired or internet connections.

(5) The services delivered through the use of telecommunications shall be equivalent in quality to services delivered face-to-face.

(6) Providers using telecommunications to deliver services must have the necessary knowledge and skills, obtained through education, training, and experience, to utilize such technology in a competent manner.

(7) Synchronous telecommunications is preferred, but asynchronous telecommunication, as authorized in T.C.A. § 63-1-155, may be utilized in the provider’s discretion provided that requirements of T.C.A. §§ 63-17-101, et seq. do not require a face-to-face interaction.

(8) Providers utilizing telecommunications to deliver services to a client are responsible for:

(a) Assessment of the ability of the client to participate meaningfully in the services delivered in this manner, including but not limited to the client’s physical, cognitive, and behavioral abilities; and (b) Proper calibration of the clinical instruments utilized to deliver services in accordance with standard operating procedures and manufacturer’s specifications.

(9) The client and/or the client’s family members or caregivers shall be informed of the available service delivery options and shall give consent to the use of telecommunications before that method of service delivery is utilized.

(10) When delivering services through the use of telecommunications, providers shall:

(a) Comply with all laws and rules governing the maintenance of client records, including but not limited to client confidentiality requirements; and (b) Comply with all professional standards governing the delivery of services.

(11) This rule applies only to the delivery of services to patients physically located within the state of Tennessee, which requires a license under T.C.A. §§ 63-17-101, et seq., unless such services are being rendered by a volunteer under T.C.A. § 63-1-155(g). Any provider who is licensed by the Board and who wishes to deliver telecommunications services to a patient located in another state must comply with the applicable laws of the other state.

(12) Telesupervision of Clinical Fellows, Speech Language Pathology Assistants, and Clinical Externs by the Supervising Licensee is authorized as part of direct supervision.

History

Authority: T.C.A. §§ 63-1-155 and 63-17-105.
Administrative History: Original rule filed April 10, 2014; effective July 9, 2014. Amendments filed March 16, 2023; effective June 14, 2023. Amendments filed March 18, 2026; effective June 16, 2026.

Tenn. Comp. R. & Regs. 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

History

Authority: T.C.A. §§ 63-1-138, 63-17-104, and 63-17-105.
Administrative History: Original rule filed January 31, 2000; effective April 15, 2000. Amendment filed February 17, 2000; effective May 2, 2000. Amendment filed September 11, 2006; effective November 25, 2006. Amendment filed April 6, 2010; effective July 5, 2010. Amendments filed March 18, 2026; effective June 16, 2026.

Chapter 1370-02 General Rules Governing Hearing Instrument Specialists

Tenn. Comp. R. & Regs. 1370-02-.01 DEFINITIONS

As used in this rule, the terms and acronyms shall have the following meanings ascribed to them.

(1) Advertise - Informational communication to the public in any manner to attract attention to the practice as a hearing instrument specialist. This includes, but is not limited to, business solicitations with or without qualifications, in a card, sign, or device to any person; or the causing, permitting or allowing any signs or marking on or in any building or structure, or in any newspaper, or magazine or in any directory, or on radio or television or by advertising by any other means designed to secure public attention.

(2) Applicant - An individual seeking licensure by the Council who has submitted the appropriate application and fees.

(3) Apprentice - A person who is registered with the Council, engaged in an approved licensing program, and sponsored by a hearing instrument specialist duly licensed in Tennessee.

(4) Apprentice license - A license issued for not longer than one (1) year by the Council to apprentices which authorizes the fitting and selling of hearing aids, pursuant to T.C.A. § 63- 17-208, under the direct supervision of a sponsoring licensed hearing instrument specialist.

(5) Board - The Board of Communications Disorders and Sciences.

(6) Consumer - That member of the public who seeks the services of a licensed hearing instrument specialist.

(7) Council - The Council for Licensing Hearing Instrument Specialists.

(8) Council Administrative Office - The office of the Unit Director assigned to the Council located at 665 Mainstream Drive, Nashville, TN 37243.

(9) Council designee - Any person who has received a written delegation of authority from the Council to perform functions subject to review and ratification by the full Council where provided by these rules.

(10) Clock hour - A clock hour represents (60 minutes) actual time in a continuing education activity. Providers who measure continuing education activities in “continuing education units” shall define CEU in clock hours.

(11) Closed file - An administrative action which renders an incomplete, denied, or abandoned file closed.

(12) Continuing education - Continuing education is considered to be education beyond the basic licensing education requirement and which is related to the practice of hearing instrument dispensing.

(13) Direct supervision - The requirement of a sponsoring licensee to direct, coordinate, review, inspect, and approve each act of service performed by an apprentice licensee in connection with the practice of dispensing and fitting hearing instruments, but does not require the constant actual physical presence of the sponsoring licensee, pursuant to Rule 1370-02-.14.

(14) Division - The Division of Health Related Boards, Tennessee Department of Health, from which the Council receives administrative support.

(15) Examination fee - To be paid each time an examination or component of an examination is taken.

(16) Fee - Money or anything of value including, but not limited to, a salary offered or received as compensation in return for rendering services.

(17) Fitting and/or dispensing hearing instruments - The evaluation or measurement of human hearing by the use of an audiometer for the purpose of making selections, adaptations and/or sale of hearing instruments. The term also includes the sale of hearing instrument and the making of impressions for earmolds to be used as part of the hearing instrument.

(18) HRB - When the acronym HRB appears in this rule, it is intended to mean the Division of Health Related Boards.

(19) He/She - In these rules, all references to the masculine gender shall also apply to the feminine gender.

(20) Hearing instrument (aid) - Any instrument or device designed for, or offered for the purpose of, aiding or improving impaired human hearing, and any parts, attachments or accessories of such an instrument or device.

(21) Licensed Hearing Instrument Specialist (HIS) - A licensed person who engages in the fitting or selling of hearing instruments to an individual with impaired hearing.

(22) IHS - When the acronym IHS appears in the rule, it is intended to mean International Hearing Society.

(23) License - Document issued to an applicant who successfully completes the licensure process. The license takes the form of an “artistically designed” license as well as other versions issued bearing an expiration date.

(24) Licensee - Any person who has been lawfully issued a license by the Council and Board to engage in the practice of dispensing and fitting hearing instruments.

(25) NBC-HIS - When the acronym NBC-HIS appears in this rule, it is intended to mean the National Board for Certification in Hearing Instrument Sciences.

(26) Sell or sale - Any transfer of title or of the right to use by lease, bailment, or any other contract, either oral or written, excluding transactions with distributors or dispensers.

(27) Sponsor - A licensed hearing instrument specialist who is responsible for training and supervision of an individual holding an apprentice license.

(28) Supervision - To coordinate, direct, and inspect continuously and at first hand the actions of an apprentice.

(29) Training - The instruction of an apprentice in the practice of dispensing and fitting of hearing instruments.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-15-103, 63-17-105, and 63-17-203.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.01 filed December 28, 1999; effective March 12, 2000. Amendment filed October 28, 2002; effective January 11, 2003. Amendments filed May 14, 2018; effective August 12, 2018.

Tenn. Comp. R. & Regs. 1370-02-.02 SCOPE OF PRACTICE

(1) Nothing contained in these rules shall be construed to permit persons licensed under T.C.A. §§ 63-17-201 through 63-17-222 to treat the ear for any defect whatsoever in any manner nor to administer any drug.

(2) Nothing contained in these rules shall be construed to apply to physicians and surgeons duly licensed by the Tennessee Board of Medical Examiners or the Tennessee Board of Osteopathic Examination.

(3) Rights and privileges of licensure - Any person who possesses a valid unsuspended and unrevoked license has the right to use the title “hearing instrument specialist”. No other person shall assume this title on any work, letter, sign, figure, advertisement, or device to indicate that the person using the same is a licensed HIS.

(4) The practice of dispensing and fitting hearing instruments includes those practices used for the purposes of selection and adaption of hearing instruments, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing instruments, taking of earmold impressions, fitting or sale of hearing instruments, and any necessary counseling.

(5) The practice of selling hearing instruments does not include the act of concluding the transaction by a retail clerk.

(6) Any person engaging in the fitting and sale of hearing instruments for a child under eighteen (18) years of age shall abide by FDA law and guidelines regarding dispensing of hearing instruments.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-15-103, 63-15-106, 63-17-203, and 63-17-206.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Amendment filed March 1, 1990; effective April 15, 1990. Amendment filed January 9, 1991; effective February 23, 1991. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.02 filed December 28, 1999; effective March 12, 2000.

Tenn. Comp. R. & Regs. 1370-02-.03 REPEALED

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-15-105, 63-17-105, 63-17-203, and 63-17-205.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.03 filed December 28, 1999; effective March 12, 2000. Repeal filed May 23, 2025; effective August 21, 2025.

Tenn. Comp. R. & Regs. 1370-02-.04 PRELIMINARY QUALIFICATIONS FOR LICENSURE

(1) Licensed Hearing Instrument Specialist by Examination:

(a) Eighteen (18) years of age or older; and (b) Education equivalent to two (2) years of accredited college level course work or hold National Board for Certification in Hearing Instrument Sciences (NBC-HIS) certification; and (c) An applicant must pass the written examination, the practical skills examination, and the Tennessee Jurisprudence Examination as found in Rule 1370-02-.08.

(2) Apprentice Hearing Instrument Specialist:

(3) Reciprocity for Applicants with NBC-HIS Certification:

(a) Eighteen (18) years of age or older; and (b) Hold National Board for Certification in Hearing Instrument Sciences (NBC-HIS) certification; and (c) Hold a current unencumbered license, registration, or certification from another state or country; and (d) An applicant must pass the Tennessee Jurisprudence Examination as found in Rule

Tenn. Comp. R. & Regs. 1370-02-.05 PROCEDURES FOR LICENSURE

(1) Licensed Hearing Instrument Specialist.

(a) An applicant shall obtain a current application packet from the Council’s Administrative Office, respond truthfully and completely to every question or request for information contained in the form, and submit it along with all documentation and fees required by the form and this rule to the Council’s Administrative Office. It is the intent of this rule that all steps necessary to accomplish the filing of the required documentation be completed prior to filing an application and that all materials be filed simultaneously.

(b) Applications will be accepted throughout the year and processed in the Council’s Administrative Office. Supporting documents, if requested by the Council, must be received by the Council’s Administrative Office within sixty (60) days of receipt of the request or the application file shall be closed.

It is the applicant’s responsibility to provide evidence that he has fulfilled the educational requirements by instructing his college to submit an official transcript directly to the Council’s Administrative Office. The transcript must carry the official seal of the school and reference the name under which the applicant has applied for licensure. If the name under which the transcript is issued differs from the applicant’s current name, documentation must be submitted which supports such applicant’s name change; or 2. The applicant shall direct the National Board for Certification in Hearing Instrument Sciences to submit evidence that he is currently certified by the NBC- HIS.

(d) An applicant shall pay the nonrefundable application fee as provided in Rule 1370-02- .06 and submit the fee with the application.

(e) An applicant shall pay, at the time of application, the examination fees pursuant to Rule

Tenn. Comp. R. & Regs. 1370-02-.06 , will be applicable.

(c) Reinstatement of Expired Licensure - No person whose license has expired may have his/her license reinstated without submitting evidence of continuing education. The continuing education hours documented at the time of reinstatement must equal the hours required, had the license remained in an active status, and must have been begun and successfully completed before the date of reinstatement.

(d) Continuing education hours obtained as a prerequisite for reactivating or reinstating a license may not be counted toward the calendar year requirement.

(5) Violations:

(a) Any licensee who falsely certifies attendance and completion of the required hours of continuing education requirements, or who does not or can not adequately substantiate completed continuing education hours with the required documentation, may be subject to disciplinary action.

(b) Prior to the institution of any disciplinary proceedings, a letter shall be issued to the last known address of the individual stating the facts or conduct which warrant the intended action.

(c) The licensee has thirty (30) days from the date of notification to show compliance with all lawful requirements for the retention of the license.

(d) Any licensee who fails to show compliance with the required continuing education hours in response to the notice contemplated by subparagraph (5)(b) above may be subject to disciplinary action.

(e) Continuing education hours obtained as a result of compliance with the terms of a Council Order in any disciplinary action shall not be credited toward the continuing education hours required to be obtained in any renewal period.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-17-105, 63-17-203, and 63-17-214.
Administrative History: Original rule filed December 2, 1980; effective June 16, 1981. Repeal filed September 24, 1987; effective December 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.12 filed December 28, 1999; effective March 12, 2000. Amendment filed October 28, 2002; effective January 11, 2003. Amendment filed October 12, 2004; effective December 26, 2004. Amendment filed October 31, 2005; effective January 14, 2006. Amendment filed July 10, 2006; effective September 23, 2006. Amendment filed January 29, 2013; effective April 29, 2013.

Tenn. Comp. R. & Regs. 1370-02-.07 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS

(1) Application for licensure will be accepted throughout the year and processed in the Council’s Administrative Office.

(2) Review of all applications to determine whether or not the application file is complete may be delegated to the Council’s Unit Director, provided that approval of all applications is made and ratified by the Council and Board.

(3) A temporary authorization to practice may be issued to an applicant pursuant to T.C.A. § 63- 1-142.

(4) If an application is incomplete when received in the Council’s Administrative Office, or the reviewing Council member or Council Consultant and a Board member or the Board’s Consultant determine additional information is required from an applicant before an initial determination can be made, the applicant shall be notified and the necessary information requested by the Administrative Office. The applicant shall cause the requested information to be received in the Council’s Administrative Office on or before the thirtieth (30th) day after receipt of the notification.

(a) Such notification shall be sent by certified mail, return receipt requested, from the Council’s Administrative Office.

(b) If the requested information is not received within the thirty (30) day period, the application file shall be closed and the applicant notified that the Council will not consider issuance of a license until a new application is received pursuant to the rules governing that process, including another payment of all applicable fees.

(c) At no time may an applicant sit for the practical examination until the Council’s Consultant/Board Consultant has made the initial determination that the documentation in the application file has been accepted.

(5) If a completed application file has been denied by the Council or the Board, the action shall become final and the following shall occur:

(a) A notification of the denial shall be sent to the applicant by the Council’s Administrative Office by certified mail, return receipt requested. Specific reasons for the denial will be stated, such as incomplete information, unofficial records, failure of examination, and other matters judged insufficient for licensure, and such notification shall contain all the specific statutory and rule authorities for the denial.

(b) The notification, when appropriate, shall also contain a statement of the applicant’s right to request a contested case hearing under the Tennessee Administrative Procedures Act (T.C.A. §§ 4-5-201, et seq.) to contest the denial and the procedure necessary to accomplish that action.

(6) If the Council or Board finds that it has erred in the issuance of a license, the Council will give written notice by certified mail, return receipt requested, of intent to revoke the license. The notice will allow the applicant the opportunity to meet the requirements of licensure within thirty (30) days from the date of receipt of the notification. If the applicant does not concur with the stated reason and the intent to revoke the license, the applicant shall have the right to proceed according to Rule 1370-02-.07(5)(b).

(7) If all requirements for licensure are not completed within twelve (12) months from the date of receipt of the application, written notification will be mailed to the applicant, and the application file will be closed. Once the file has been closed, no further Council action will take place until a new application is submitted. Failure to complete all forms, provide requested information, submit all fees, take or retake required examinations within the specified time frame will be just cause for the application file to be closed. This action may be made by the Council’s Unit Director.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 4-5-301, 63-1-142, 63-15-103, 63-15-111, 63-17-105, 63-17-203, 63-17-205, 63-17-211, and 63-17-213.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from

Tenn. Comp. R. & Regs. 1370-02-.08 EXAMINATIONS

All applicants for licensure as a hearing instrument specialist or for registration as an apprentice hearing instrument specialist must successfully complete the applicable examinations described in this rule. All other requirements for licensure or registration must be successfully completed before the Council will approve an applicant to take the examinations.

(1) Hearing Instrument Specialist (a) Written Examination - The Council adopts as its written licensure examination the International Hearing Society’s examination or its successor examination.

The passing score shall be the overall passing score as determined by the International Hearing Society.
If the applicant is currently licensed or has been licensed in another state as a hearing instrument specialist, the applicant shall direct the National Board for Certification in Hearing Instruments Sciences to submit evidence that he is currently certified by the NBC-HIS or the applicant shall direct the IHS to submit documentation that he has passed the written examination as provided in this

rule.

(b) Practical Skills Examination - Successful completion of the written examination requirements must be accomplished before the Council will approve an applicant to take the practical skills examination. The Council adopts as its practical skills examination the International Hearing Society’s practical skills examination or its successor examination.

All applicants will be required to demonstrate knowledge in audiogram interpretation, advanced audiometric techniques, and earmold impression technique.
Applicants may be required to bring the following to the practical skills examination:

(i) An audiometer, audiogram forms, and proof of the audiometer’s current calibration; and (ii) An otoscope; and (iii) All materials needed to make an ear impression; and (iv) Equipment needed to program, troubleshoot, or modify hearing instruments and ear molds; and (v) Red and blue ink pens; and (vi) An individual to be the subject for the ear impression and the hearing test.

The passing score shall be the overall passing score as determined by the International Hearing Society.
Practical skills examination proctors. The Council, or its designated representatives, shall administer the practical skills examination.

(i) To be considered as a potential proctor, the following requirements must be met:

(I) Hold an active and unencumbered license as a hearing instrument specialist in Tennessee;

(II) Hold current National Board for Certification in Hearing Instrument Sciences (NBC-HIS) certification;

(III) Observe at least one (1) practical skills examination;

(IV) Submit an application to the Council, which can be found on the Council’s website; and (V) Must be impartial.

(ii) A proctor:

(I) Is required to travel to the Council’s Administrative Office in Nashville, Tennessee on scheduled testing dates which are set in advance;

(II) Shall receive compensation in the amount of one hundred dollars ($100.00);

(III) May be eligible for reimbursement of travel expenses, or a portion thereof; and (iii) Neither this rule, nor the completion of these requirements, ensures that an applicant will be selected to serve as a proctor. This rule serves to ensure that prequalified proctors are available when necessary in order for the Council to administer the practical skills examination pursuant to T.C.A. §§ 63-17-203 and 63-17-209.

(iv) The Council shall take any actions necessary to insure impartiality.

(v) Any Council member administering the practical skills examination may elect to recuse himself from administering the practical skills examination to a particular applicant.

(vi) Any applicant taking the practical skills examination may, upon written request, have a Council member recused from administering such applicant’s practical skills examination. The written request of the applicant should be received in the Council’s Administrative Office at least ten (10) days prior to the scheduled examination.

(c) Jurisprudence Examination 1. Applicants will be tested on their knowledge of the HIS statute, Title 63, Chapter 17 of the T.C.A., and Council rules and regulations.

The passing score shall be a minimum of seventy percent (70%).

(2) Fees - Initial and retake examination fees, pursuant to Rule 1370-02-.06, must be received in the Council’s Administrative Office prior to the examination date, except as provided in Paragraph (4).

(3) Examination Retakes and Limitations (a) An applicant who fails any section of either the written examination or the practical skills examination will be retested in the section(s) failed only.

(b) On or before the thirtieth (30th) day from receipt of the examination results, the applicant shall submit to the Council his retake fee. Failure to do so will result in the application file being closed. If closed, no further Council action will take place until a new application is received pursuant to the rules governing the application process, including payment of all fees.

(c) After three (3) failures of the written or practical skills examinations, the applicant must wait for twelve (12) months before sitting for a retake. During these twelve (12) months, the applicant must receive training assistance from a Tennessee licensed hearing instrument specialist. Within ninety (90) days of the applicant’s notification of the third (3rd) examination failure, the applicant must notify the Council in writing of the name of the Tennessee licensed hearing instrument specialist who will provide the training.

(4) Examination Proctors (a) The Council, or its designated representatives, shall administer all examinations. The Council shall take any actions necessary to insure impartiality.

(b) Any Council member administering the practical skills examination may elect to recuse himself from administering the practical skills examination to a particular applicant.

(c) Any applicant taking the practical skills examination may, upon written request, have a Council member recused from administering such applicant’s practical skills examination. The written request of the applicant should be received in the Council’s Administrative Office at least ten (10) days prior to the scheduled examination.

(5) Examination Dates and Sites - The location of the examinations shall be designated in advance by the Council and such shall be held not less than annually at such time and place as specified by the Council, if there are applicants eligible for the examinations. Examinations shall be given at other times as, in the opinion of the Council, the number of applicants warrants.

(6) Examination Results - Examination results will be mailed to the applicant. Results are not provided by telephone, facsimile, or e-mail.

History

Authority: T.C.A. §§ 63-17-105, 63-17-201, 63-17-203, 63-17-208, 63-17-209, and 63-17-210.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.08 filed December 28, 1999; effective March 12, 2000. Repeal and new rule filed April 17, 2003; effective July 1, 2003. Amendment filed July 10, 2006; effective September 23, 2006. Amendments filed May 14, 2018; effective August 12, 2018. Amendments filed March 26, 2024; effective June 24, 2024.

Tenn. Comp. R. & Regs. 1370-02-.09 RENEWAL OF LICENSE

(1) Renewal Application.

(a) The due date for license renewal is the expiration date indicated on the licensee’s renewal certificate.

(b) Methods of Renewal 1. Internet Renewals - Individuals may apply for renewal and pay the necessary fees via the Internet. The application to renew can be accessed at: https://apps.tn.gov/hlrs/ 2. Paper Renewals - For individuals who have not renewed their license online via the Internet, a renewal application form will be mailed to each individual licensed by the Board to the last address provided to the Board. Failure to receive such notification does not relieve the licensee from the responsibility of meeting all requirements for renewal.

(c) To be eligible for license renewal, an individual must submit to the Council’s Administrative Office on or before the due date for renewal all of the following:

A completed and signed renewal application form;
The renewal and state regulatory fees as provided in Rule 1370-02-.06;

(d) Licensees who fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their licenses processed pursuant to Rule

Tenn. Comp. R. & Regs. 1370-02-.10 SUPERVISION

Direct Supervision as used in T.C.A. § 63-17-206(b) is defined so as to require a sponsoring licensee to direct, review, and approve each act of service performed by an apprentice licensee in connection with the practice of dispensing and/or fitting hearing instruments, but does not require the constant actual physical presence of the sponsoring licensee.

(1) A sponsor must review and co-sign all hearing tests and ear mold impressions given by an apprentice.

(2) A sponsor must review and co-sign all bills of sale prepared by an apprentice.

(3) A sponsor must keep a record of hearing tests and bills of sale prepared by an apprentice.

(4) These records must be at all times during normal business hours available for on-site inspection(s) by a Council member or designee during the first ninety (90) days of the apprenticeship period.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-15-103, 63-15-106, 63-15-108, 63-15-114, 63-17-203, 63-17- 206, 63-17-208, and 63-17-214.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760- 01-.10 filed December 28, 1999; effective March 12, 2000.

Tenn. Comp. R. & Regs. 1370-02-.11 RETIREMENT AND REACTIVATION OF LICENSE

(1) A licensee who does not plan to practice in Tennessee and who therefore does not intend to use the title “licensed hearing instrument specialist” may apply to convert an active license to inactive (“retired”) status. An individual who holds a retired license will not be required to renew their license or to satisfy the renewal requirements.

(2) A person who holds an active license may apply for licensure retirement in the following manner:

(a) Request in writing from the Council’s Administrative Office an Affidavit of Retirement Form; and (b) Complete and submit the Affidavit affirming that, while in retired status, the licensee will not practice or in any way indicate or imply that he holds an active Tennessee license or use within the State of Tennessee any words, letters, titles, or figures which indicate or imply that he is a licensed hearing instrument specialist.

(3) A person who holds a retired license may apply to reactivate his license in the following manner:

(a) Submit a written request to the Council’s Administrative Office for licensure reactivation;

(b) Pay the current licensure renewal fee and state regulatory fee as provided in Rule

Tenn. Comp. R. & Regs. 1370-02-.12 CONTINUING EDUCATION, CALIBRATION CERTIFICATES, AND BILLS OF SALE

(1) Basic Requirements:

(a) Continuing Education 1. Each licensee registered with the Council is required to successfully complete twenty (20) hours of continuing education during the two (2) calendar years (January 1 - December 31) that precede the licensure renewal year.

Two (2) hours of the twenty (20) hour requirement shall pertain to Tennessee statutes and rules concerning hearing instrument specialists.
For new licensees, submitting proof of successful completion of the written and practical skills examinations, pursuant to Rule 1370-02-.08, shall be considered proof of sufficient preparatory education to constitute continuing education credit for the first calendar year of licensure.

(b) Calibration Certificates - Each licensee registered with the Council is required to retain calibration of equipment certificates for each audiometer used at his/her place of business during the calendar year.

(c) Bills of Sale - Each licensee registered with the Council is required to retain copies of bills of sale for each hearing aid sold at his/her place of business during the calendar year.

(2) Documentation of Compliance:

(a) Each licensee must retain documentation of completion of all requirements of this rule.

This documentation must be retained for a period of four (4) years from the end of the calendar year in which the requirements were completed. This documentation must be produced for inspection and verification, if requested in writing by the Council during its verification process.

(b) Acceptable continuing education documentation:

Certificates or original letters from course providers verifying the licensee’s attendance at continuing education program(s); or 2. An original letter on official stationery from IHS verifying continuing education, specifying date, continuing education hours, program title, licensee’s name, and license number.

(c) The individual must, within thirty (30) days of a request from the Council, provide documentation of successfully completing this rule’s requirements.

(3) Continuing Education Course Approval - Courses to be offered for credit toward the continuing education requirement must, unless otherwise provided, receive prior approval from the Council. Unless otherwise provided, all courses shall be offered within Tennessee.

(a) Course approval procedures 1. Pre-approved course providers - Continuing education courses which pertain to hearing instrument specialists shall be considered approved if provided or sanctioned by the following entities:

(i) International Hearing Society;

(ii) National Board for Certification-Hearing Instruments Specialists;

(iii) National Institute for Hearing Instruments Studies;

(iv) Any state professional association affiliated with the associations listed in subparts (i) through (iii);

(v) Any state regulatory agency for hearing instrument specialists in the United States.

Course approval procedure for other course providers (i) Unless pre-approved as provided in part (3)(a)1., the course provider must have delivered to the Council’s Administrative Office at least thirty (30) days prior to a regularly scheduled meeting of the Council that precedes the course, documentation which includes all of the following items which must be resubmitted if substantive changes are made after receipt of approval from the Council:

(I) Course description or outline;

(II) Names of all lecturers;

(III) Brief resume of all lecturers;

(IV) Number of hours of educational credit requested;

(V) Date of course;

(VI) Copies of materials to be utilized in the course; and (VII) How verification of attendance is to be documented.

(ii) Notwithstanding the provisions of the introductory language of this paragraph, any clinic, workshop, seminar or lecture at national, regional, state and local meetings of hearing instrument specialists will be recognized for continuing education credit by the Council if (I) The course provider has complied with the provisions of subpart (3)(a)2.(i); or (II) The course provider is exempt from needing prior approval as provided in part (3)(a)1.

(iii) Notwithstanding the provisions of the introductory language of this paragraph, out-of-state continuing education providers may seek course approval if they are a hearing instrument specialist regulatory agency or association from a state that borders Tennessee; and (I) The course provider has complied with the provisions of subpart (3)(a)2.(i); or (II) The course provider is exempt from needing prior approval as provided in part (3)(a)1.

Course approval procedure for individual licensees (i) Any licensee may seek approval to receive credit for successfully completing continuing education courses by delivering to the Council’s Administrative Office at least thirty (30) days prior to a regularly scheduled meeting of the Council that precedes the course, everything required in items (3)(a)2.(i)(I) through (VII) which must be resubmitted if substantive changes are made after receipt of approval from the Council; and (ii) To retain course approval, the licensee must submit a course evaluation form, supplied by the Council, to the Council’s Administrative Office within thirty (30) days after successfully completing the course.
Course approval for attendance at Council meetings (i) Licensees may receive credit for one (1) hour of continuing education required in part (1)(a)2. for each Council meeting that they attend in entirety.

(ii) Council members may receive credit for one (1) hour of continuing education required in part (1)(a)2. for each Council meeting that they attend in entirety.

(iii) No more than two (2) hours of continuing education credit shall be awarded for attendance at Council meetings during any two (2) calendar year period.

(b) Continuing education credit will not be allowed for the following:

Regular work activities, administrative staff meetings, case staffing/reporting, etc.
Membership in, holding office in, or participation on boards or committees, business meetings of professional organizations, or banquet speeches, except as provided in part (3)(a)4.
Independent unstructured or self-structured learning.
Training specifically related to policies and procedures of an agency.
Non-hearing instrument specialist dispensing content courses in excess of four (4) hours - examples: computer, finance or business management.
Courses provided by an individual hearing instrument manufacturer in excess of ten (10) hours during each renewal cycle.

(4) Continuing Education for Reactivation or Reinstatement of Retired, Revoked, or Expired Licensure:

(a) Reactivation of a Retired License.

An individual whose license has been retired for two (2) years or less will be required to fulfill continuing education requirements as outlined in this Rule as a prerequisite to reactivation. Those hours will be considered replacement hours and cannot be counted during the next licensure renewal period.
An individual who requests reactivation of a license which has been retired for more than two (2) years must submit, along with the reactivation request, verification which indicates the attendance and completion of twenty (20) hours of continuing education. The continuing education hours must have been started and successfully completed within the two (2) years immediately preceding the date of the requested reactivation.

(b) Reactivation of Revoked Licensure.

No person whose license has been revoked for failure to comply with continuing education may have his/her license reactivated without complying with these requirements. Continuing education requirements will accumulate at the same rate as for those licenses which are active. The required clock hours of continuing education must have been begun and successfully completed before the date of reactivation.
Notwithstanding the provisions of part (4)(b)1., on written request and approval by the Council, a licensee has the option to take and pass the written and practical sections of the examination given by the Council in lieu of fulfilling the continuing education requirement. The current examination fee, pursuant to Rule

Tenn. Comp. R. & Regs. 0760-01-.05 filed December 28, 1999; effective March 12, 2000. Amendment filed February 10, 2000; effective April 25, 2000. Amendment filed March 17, 2006; effective May 31, 2006. Amendment filed June 29, 2007; effective September 12, 2007. Amendments filed May 14, 2018; effective August 12, 2018.

Amendments filed March 8, 2022; effective June 6, 2022.

Tenn. Comp. R. & Regs. 1200-10-01-.10 .

(2) Reinstatement of an Expired License.

(a) Licensees who fail to comply with the renewal rules or notification received by them concerning failure to timely renew shall have their licensure processed pursuant to

Rule 1200-10-01-.10.

(b) Reinstatement of a license that has expired may be accomplished upon meeting the following conditions:

Payment of renewal fee and state regulatory fee, pursuant to Rule 1370-02-.06; and 2. Payment of the Late Renewal fee, pursuant to Rule 1370-02-.06; and 3. Provide documentation of successfully completing continuing education requirements for every year the license was expired, pursuant to Rule 1370-02- .12; and 4. Provide calibration of equipment certificates for each audiometer used at his/her place of business for every year the license was expired, pursuant to Rule 1370- 02-.12.; and (c) License reinstatement applications hereunder shall be treated as license applications, and review and decisions shall be governed by Rule 1370-02-.07.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-107, 63-17-105, 63-17-203, 63-17-214, and 63-17-216.
Administrative History: Original rule filed November 22, 1978; effective January 8, 1979. Repeal and new rule filed September 24, 1987; effective November 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.09 filed December 28, 1999; effective March 12, 2000. Amendment filed October 28, 2002; effective January 11, 2003. Amendment filed June 29, 2007; effective September 12, 2007. Amendments filed May 14, 2018; effective August 12, 2018.

Tenn. Comp. R. & Regs. 1370-02-.13 UNETHICAL CONDUCT

The Council and the Board have the authority to deny, revoke or suspend for a period of time, or assess by monetary fine any person holding a license to practice as a hearing instrument specialist. “Unethical Conduct” shall include, but is not limited to, the following offenses:

(1) Violation of laws regarding the fitting and dispensing of hearing instruments in any other state by a person licensed by this Council, while he is visiting or residing in such other state, shall be considered as unethical conduct by the Council.

(2) A hearing aid product or instrument may be guaranteed against mechanical or electronic defects or poor workmanship, but the degree of help from the use of or the results obtained in the wearing of a hearing aid are dependent upon uncontrollable factors, including the proper use or operation of the device. Therefore, any guarantee, warranty or representation expressed or implied as to the degree or amount of help or improvement shall be considered deceptive or misleading.

(3) Failure of a license holder to abide by the terms of any contract or agreement concerning the sale or dispensing of hearing instruments.

(4) Engaging in unfair or deceptive acts specifically prohibited by T.C.A. § 47-18-104(b) of the Tennessee Consumer Protection Act of 1977, while engaging in the business enterprise which is the practice of dispensing and fitting hearing instruments.

(5) The obtaining of any fee or the making of any sale by fraud or misrepresentation.

(6) Using, causing, or promoting the use of any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive or untruthful.

(7) Advertising a particular model, type or kind of hearing aid for sale, when purchasers, responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type, or kind where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised.

(8) Representing that the services or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when it is not true, or using the word “doctor” or like words, abbreviations or symbols which tend to denote the medical profession when such use is not accurate.

(9) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors or stimulants in such manner as to adversely affect the person’s ability to practice.

(10) Permitting another to use his license.

(11) To defame competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or falsely to disparage the products of competitors in any respect, or their business methods, selling prices, values, credit terms, policies, or services.

(12) To exhibit competitive products in his shop or in his advertising in such manner as to falsely discredit them or to represent falsely that competitors are unreliable.

(13) To quote prices of competitive hearing instruments or devices without disclosing that they are not the current prices or to show, demonstrate, or represent competitive models as being current models when such is not the fact.

(14) To imitate or simulate the trademarks, trade names, brands, or labels of competitors, with the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers.

(15) To use in advertising the name, model name, or trademark of a particular manufacturer of hearing instruments in such manner as to imply a relationship with the manufacturer which does not exist or otherwise to mislead or deceive purchasers or prospective purchasers.

(16) To use any trade name, corporate name, trademark, or other trade designations which have the capacity and tendency or effect of misleading or deceiving purchasers as to the name, nature, or origin of any product of the industry, or of any material used therein, or which is false, deceptive, or misleading in any other material respect.

(17) No licensee shall allow an apprentice, agent, servant, employee, or other representative who does not hold a current or unsuspended license to advertise or otherwise make representations to the public that he offers services included in the practice of dispensing and fitting hearing instruments as defined in T.C.A. § 63-17-201 or the rules and regulations of the Council.

(18) Failure to comply with the continuing education requirement as set by the Council or falsely reporting CE hours attended.

(19) Violation of any rule or statute of the Council.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-116, 63-1-134, 63-15-117, 63-15-120, 63-17-203, 63-17- 219, and 63-17-222 and Public Chapter 389, Acts of 1989.
Administrative History: Original rule filed January 9, 1991; effective February 23, 1991. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.13 filed December 28, 1999; effective March 12, 2000.

Tenn. Comp. R. & Regs. 1370-02-.14 APPRENTICESHIP TRAINING PROGRAM

(1) Any person wishing to practice the profession of hearing instrument specialist dispensing and who intends to fulfill the requirements via the apprenticeship provision shall register with the Council pursuant to Rule 1370-02-.05.

(2) Apprenticeship training must be supervised by a Tennessee licensed hearing instrument specialist who possesses a current, unsuspended and unrevoked Tennessee license and who dispenses on the premises.

(3) Changes in the information provided in the original apprentice application shall be reported to the Council in writing within ten (10) working days of such change.

(4) Pursuant to T.C.A. § 63-17-208(d) the period of apprenticeship training must be no longer than one (1) calendar year from date of issuance of the apprenticeship license. The apprentice license cannot be extended or renewed.

(5) Sponsor Supervision (a) A licensed HIS may supervise no more than two (2) apprentices concurrently.

(b) The apprentice shall function under the direct supervision, as provided in Rule 1370- 02-.10, of the sponsoring licensed HIS for a period of at least three (3) months after the date of issuance of the apprentice license. During the three (3) month period, the sponsoring HIS must make the final selection and fitting of the hearing aid.

(c) At no time may an apprenticeship continue the apprentice training program without the sponsorship of a licensed HIS and such sponsorship being recorded in writing with the Council’s Administrative Office.

(d) An apprentice license shall not be issued unless the applicant shows to the satisfaction of the Council that he/she will be supervised and trained by a person who holds a valid Tennessee HIS license.

(e) Prior to upgrading by an apprentice to a licensed hearing instrument specialist, he must show proof of having obtained sixty (60) classroom hours of course work approved by the National Institute for Hearing Instrument Studies.

(f) Violation of or departure from any rule set forth by apprenticeship will be grounds for disciplinary action and/or civil penalties pursuant to Rules 1370-02-.13 and .15.

(6) HIS licensure.

Ninety (90) days after an apprentice license is issued, an individual so licensed may make application to the Council to upgrade to HIS licensure status and to take the written and practicum examinations pursuant to Rule 1370-02-.05(1) and 1370-02-.08(1).

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-15-103, 63-15-109 through 63-15-111, 63-17-105, 63-17-203, 63-17-206, 63-17-208, 63-17-209, 63-17-210, and 63-17-211.
Administrative History: Original rule filed January 9, 1991; effective February 23, 1991. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.14 filed December 28, 1999; effective March 12, 2000. Amendments filed May 14, 2018; effective August 12, 2018.

Tenn. Comp. R. & Regs. 1370-02-.15 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS AND

SUBPOENAS.

(1) Upon a finding by the Council and the Board that a hearing instrument specialist or apprentice hearing instrument specialist has violated any provision of the T.C.A. §§ 63-17- 201, et seq., or the rules promulgated thereto, the Council may impose any of the following actions separately or in any combination which is deemed appropriate to the offense.

(a) Reprimand - This is a written action issued to a hearing instrument specialist or apprentice hearing instrument specialist for one time and less severe violations. It is a formal disciplinary action.

(b) Probation - This is a formal disciplinary action which places a hearing instrument specialist or apprentice hearing instrument specialist on close scrutiny for a fixed period of time. This action may be combined with conditions which must be met before probation will be lifted and may restrict the individual’s activities during the probationary period.

(c) Licensure Suspension - This is a formal disciplinary action which suspends an individual’s right to practice for a fixed period of time. It contemplates the re-entry of the individual into the practice under the license previously issued.

(d) Licensure Revocation - This is a most severe form of disciplinary action which removes an individual from the practice of the profession and terminates the license previously issued. If revoked, it relegates the violator to the status he possessed prior to application for licensure. No application for licensure from a person whose license was revoked shall be considered prior to the expiration of at least one (1) year, unless otherwise stated in the Council’s Revocation Order.

(e) Conditions - Any action deemed appropriate by the Council to be required of an individual disciplined during any period of probation or suspension or as a prerequisite to the lifting of probation or suspension.

(f) Civil Penalty - A monetary disciplinary action assessed by the Council and Board pursuant to paragraph (5) of this rule.

(2) Once ordered, probation, suspension, assessment of a civil penalty, or any other condition of any type of disciplinary action may not be lifted unless and until the licensee petitions, pursuant to paragraph (3) of this rule, and appears before the Council after the period of initial probation, suspension, or other conditioning has run and all conditions placed on the probation, suspension, have been met, and after any civil penalties assessed have been paid.

(3) Order of Compliance - This procedure is a necessary adjunct to previously issued disciplinary orders and is available only when a petitioner has completely complied with the provisions of a previously issued disciplinary order, including an unlicensed practice civil penalty order, and wishes or is required to obtain an order reflecting that compliance.

(a) The Council and Board will entertain petitions for an Order of Compliance as a supplement to a previously issued order upon strict compliance with the procedures set forth in subparagraph (b) in only the following two (2) circumstances:

When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued reflecting that compliance; or 2. When the petitioner can prove compliance with all the terms of the previously issued order and is seeking to have an order issued lifting a previously ordered suspension or probation.

(b) Procedures 1. The petitioner shall submit a Petition for Order of Compliance, as contained in subparagraph (c), to the Council’s Administrative Office that shall contain all of the following:

(i) A copy of the previously issued order; and (ii) A statement of which provision of subparagraph (a) the petitioner is relying upon as a basis for the requested order; and (iii) A copy of all documents that prove compliance with all the terms or conditions of the previously issued order. If proof of compliance requires testimony of an individual(s), including that of the petitioner, the petitioner must submit signed statements from every individual the petitioner intends to rely upon attesting, under oath, to the compliance. The Council’s consultant and administrative staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Council authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

(i) Certify compliance and have the matter scheduled for presentation to the Council as an uncontested matter; or (ii) Deny the petition, after consultation with legal staff, if compliance with all of the provisions of the previous order is not proven and notify the petitioner of what provisions remain to be fulfilled and/or what proof of compliance was either not sufficient or not submitted.

If the petition is presented to the Council and Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the Council and Board finds that the petitioner has complied with all the terms of the previous order an Order of Compliance shall be issued.
If the petition is denied either initially by staff or after presentation to the Council or Board and the petitioner believes compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and Rule 1200- 10-01-.11.

(c) Form Petition Petition for Order of Compliance Board of Communications Disorders and Sciences’ Council for Licensing Hearing Instrument Specialists Petitioner’s Name:

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

An order issued reflecting that compliance; or 2. An order issued reflecting that compliance and lifting a previously ordered suspension or probation.

Note – You must enclose all documents necessary to prove your request including a copy of the original order. If any of the proof you are relying upon to show compliance is the testimony of any individual, including yourself, you must enclose signed statements from every individual you intend to rely upon attesting, under oath, to the compliance. The Council’s consultant and administrative staff, in their discretion, may require such signed statements to be notarized. No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, this petition.

Respectfully submitted this the day of , 20 . __________________________________ Petitioner’s Signature (4) Order Modifications - This procedure is not intended to allow anyone under a previously issued disciplinary order, including an unlicensed practice civil penalty order, to modify any findings of fact, conclusions of law, or the reasons for the decision contained in the order. It is also not intended to allow a petition for a lesser disciplinary action, or civil penalty other than the one(s) previously ordered. All such provisions of Council and Board orders were subject to reconsideration and appeal under the provisions of the Uniform Administrative Procedures Act (T.C.A. §§ 4-5-301, et seq.). This procedure is not available as a substitute for reconsideration and/or appeal and is only available after all reconsideration and appeal rights have been either exhausted or not timely pursued. It is also not available for those who have accepted and been issued a reprimand.

(a) The Council and Board will entertain petitions for modification of the disciplinary portion of previously issued orders upon strict compliance with the procedures set forth in subparagraph (b) only when the petitioner can prove that compliance with any one or more of the conditions or terms of the discipline previously ordered is impossible. For purposes of this rule the term “impossible” does not mean that compliance is inconvenient or impractical for personal, financial, scheduling or other reasons.

(b) Procedures 1. The petitioner shall submit a written and signed Petition for Order Modification on the form contained in subparagraph (c) to the Council’s Administrative Office that shall contain all of the following:

No documentation or testimony other than that submitted will be considered in making an initial determination on, or a final order in response to, the petition.

The Council authorizes its consultant and administrative staff to make an initial determination on the petition and take one of the following actions:

(i) Certify impossibility of compliance and forward the petition to the Office of General Counsel for presentation to the Council as an uncontested matter; or (ii) Deny the petition, after consultation with legal staff, if impossibility of compliance with the provisions of the previous order is not proven and notify the petitioner of what proof of impossibility of compliance was either not sufficient or not submitted.

If the petition is presented to the Council and Board the petitioner may not submit any additional documentation or testimony other than that contained in the petition as originally submitted.
If the petition is granted a new order shall be issued reflecting the modifications authorized by the Council and Board that it deemed appropriate and necessary in relation to the violations found in the previous order.
If the petition is denied either initially by staff or after presentation to the Council or Board and the petitioner believes impossibility of compliance with the order has been sufficiently proven the petitioner may, as authorized by law, file a petition for a declaratory order pursuant to the provisions of T.C.A. § 4-5-223 and

Rule 1200-10-01-.11.

(c) Form Petition Petition for Order Modification Board of Communications Disorders and Sciences’ Council for Licensing Hearing Instrument Specialists Petitioner’s Name:

Petitioner’s Mailing Address:

Petitioner’s E-Mail Address:

Telephone Number:

Attorney for Petitioner:

Attorney’s Mailing Address:

Attorney’s E-Mail Address:

Telephone Number:

Respectfully submitted this the day of , 20 . __________________________________ Petitioner’s Signature (5) Civil Penalties (a) Purpose - The purpose of this rule is to set a schedule designating the minimum and maximum civil penalties which may be assessed pursuant to T.C.A. § 63-1-134.

(b) Schedule of Civil Penalties 1. A Type A Civil Penalty may be imposed whenever the Council finds a person who is required to be licensed, certified, permitted, or authorized by the Council to be guilty of a willful and knowing violation of the Practice Act, or regulations pursuant thereto, to such an extent that there is, or is likely to be, an imminent, substantial threat to the health, safety and welfare of an individual patient or the public. For the purpose of this section, willfully and knowingly practicing hearing aid dispensing without a license or certification issued by the Council and Board is one of the violations of the Hearing Instrument Specialist Practice Act for which a Type A Civil Penalty is assessable.

A Type B Civil Penalty may be imposed whenever the Council finds the person required to be licensed, certified, permitted, or authorized by the Council is guilty of a violation of the Hearing Instrument Specialist Practice Act, or regulations pursuant thereto, in such manner as to impact directly on the care of patients or the public.
A Type C Civil Penalty may be imposed whenever the Council finds the person required to be licensed by the Council is guilty of a violation of the Hearing Instrument Specialist Practice Act, or regulations promulgated thereto, which are neither directly detrimental to the patients or public, nor directly impact their care, but have only indirect relationship to patient care or the public.

(c) Amount of Civil Penalties 1. Type A Civil Penalties shall be assessed in the amount of not less than $500 or more than $1,000.

Type B Civil Penalties may be assessed in the amount of not less than $100 and not more than $500.
Type C Civil Penalties may be assessed in the amount of not less than $50 and not more than $100.

(d) Procedures for Assessing Civil Penalties.

The Division of Health Related Boards may initiate a civil penalty assessment by filing a Memorandum of Assessment of Civil Penalty. The Division shall state in the memorandum the facts and law upon which it relies in alleging a violation, the proposed amount of the civil penalty, and the basis for such penalty. The Division may incorporate the Memorandum of Assessment of Civil Penalty with a Notice of Charges which may be issued attendant thereto.
Civil Penalties may also be initiated and assessed by the Council during consideration of any Notice of Charges. In addition, the Council may, upon good cause shown, assess a type and amount of civil penalty which was not recommended by the Division.
In assessing the civil penalties pursuant to these rules, the Council may consider the following factors:

(i) Whether the amount imposed will be a substantial economic deterrent to the violator;

(ii) The circumstances leading to the violation;

(iii) The severity of the violation and the risk of harm to the public;

(iv) The economic benefits gained by the violator as a result of noncompliance; and (v) The interest of the public.

All proceedings for the assessment of civil penalties shall be governed by the contested case provisions of Title 4, Chapter 5, Tennessee Code Annotated.

(6) The Council authorizes the member who chaired the Council for a contested case to be the agency member to make the decisions authorized pursuant to Rule 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

(7) Assessment of costs in disciplinary proceedings shall be as set forth in T.C.A. §§ 63-1-144 and 63-17-219.

(8) Subpoenas (a) Purpose - Although this rule applies to persons and entities other than hearing instrument specialists, it is the Council’s intent as to hearing instrument specialists that they be free to practice their profession without fear that such practice or its documentation will be unduly subjected to scrutiny outside the profession.

Consequently, balancing that intent against the interest of the public and patients to be protected against substandard care and activities requires that persons seeking to subpoena such information and/or materials must comply with the substance and procedures of these rules.

It is the intent of the Council that the subpoena power outlined herein shall be strictly proscribed. Such power shall not be used by the division or council investigators to seek other incriminating evidence against hearing instrument specialists when the division or council does not have a complaint or basis to pursue such an investigation.

Thus, unless the division or its investigators have previously considered, discovered, or otherwise received a complaint from either the public or a governmental entity, then no subpoena as contemplated herein shall issue.

(b) Definitions - As used in this chapter of rules the following words shall have the meanings ascribed to them:

Probable Cause (i) For Investigative Subpoenas - shall mean that probable cause, as defined by case law at the time of request for subpoena issuance is made, exists that a violation of the Licensure Act for Communication Disorders and Sciences or rules promulgated pursuant thereto has occurred or is occurring and that it is more probable than not that the person(s), or items to be subpoenaed possess or contain evidence which is more probable than not relevant to the conduct constituting the violation.

Presiding Officer - For investigative subpoenas shall mean any elected officer of the Council, or any duly appointed or elected chairperson of any panel of the Council.

(ii) An applicant for such a subpoena must either orally or in writing notify the Council’s Unit Director of the intention to seek issuance of a subpoena.

That notification must include the following:

I. In no event shall such subpoena be broadly drafted to provide investigative access to hearing instrument records of other patients who are not referenced in a complaint received from an individual or governmental entity, or who have not otherwise sought relief, review, or Council consideration of a hearing instrument specialist’s conduct, act, or omission.

II. If the subpoena relates to the prescribing practices of a licensee, then it shall be directed solely to the records of the patient(s) who received the pharmaceutical agents and whom the board of pharmacy or issuing pharmacy(ies) has so identified as recipients; and (III) Whether the proceedings for the issuance are to be conducted by physical appearance or electronic means; and (IV) The name and address of the person for whom the subpoena is being sought or who has possession of the items being subpoenaed.

(iii) The Council’s Unit Director shall cause to have the following done:

(I) In as timely a manner as possible arrange for either an elected officer of the Council, or any duly appointed or elected chairperson of the Council, to preside and determine if issuing the subpoena should be recommended to the full Council; and (II) Establish a date, time and place for the proceedings to be conducted and notify the presiding officer, the applicant and the court reporter; and (III) Maintain a complete record of the proceedings including an audio tape in such a manner as to:

(iv) The Proceedings (I) The applicant shall do the following:

A. The name and address of the person for whom the subpoena is being sought or who has possession of the items being subpoenaed; and B. The location of the materials, documents or reports for which production pursuant to the subpoena is sought if that location is known; and C. A brief, particular description of any materials, documents or items to be produced pursuant to the subpoena; and D. The date, time and place for compliance with the subpoena.

IV. Provide the presiding officer testimony and/or documentary evidence which in good faith the applicant believes is sufficient to establish that probable cause exists for issuance of the subpoena as well as sufficient proof that all other reasonably available alternative means of securing the materials, documents or items have been unsuccessful.

(II) The Presiding Officer shall do the following:

I. Have been selected only after assuring the Council’s Unit Director that he or she has no prior knowledge of or any direct or indirect interest in or relationship with the person(s) being subpoenaed and/or the licensee who is the subject of the investigation; and II. Commence the proceedings and swear all necessary witnesses; and III. Hear and maintain the confidentiality, if any, of the evidence presented at the proceedings and present to the full Council only that evidence necessary for an informed decision; and IV. Control the manner and extent of inquiry during the proceedings and be allowed to question any witness who testifies; and V. Determine based solely on the evidence presented in the proceedings whether probable cause exists and if so, make such recommendation to the full Council; and VI. Sign the subpoena as ordered to be issued; and VII. Not participate in any way in any other proceeding whether formal or informal which involves the matters, items or person(s) which are the subject of the subpoena. This does not preclude the presiding officer from presiding at further proceedings for issuance of subpoenas in the matter.

(III) The Council shall do the following:

I. By a vote of two-thirds (2/3) of the members to which the Council is entitled, issue the subpoena for the person(s) or items specifically found to be relevant to the inquiry, or quash or modify an existing subpoena by a majority vote; and II. Sign the subpoena as ordered to be issued, quashed or modified.

Post-Notice of Charges Subpoenas - If the subpoena is sought for a contested case being heard with an Administrative Law Judge from the Secretary of State’s office presiding, this definition shall not apply and all such post-notice of charges subpoenas should be obtained from the office of the Administrative Procedures Division of the Office of the Secretary of State pursuant to the Uniform Administrative Procedures Act and rules promulgated pursuant thereto.

(d) Subpoena Forms 1. All subpoenas shall be issued on forms approved by the Council.

The subpoena forms may be obtained by contacting the Council’s Administrative Office.

rule.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-17-105, 63-17-203, and 63-17-219.
Administrative History: Original rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760- 01-.15 filed December 28, 1999; effective March 12, 2000. Amendment filed February 10, 2000; effective April 25, 2000. Amendment filed February 20, 2002; effective May 6, 2002. Amendment filed October 12, 2004; effective December 26, 2004. Amendment filed October 18, 2004; effective January 1, 2005. Amendment filed June 29, 2007; effective September 12, 2007.

Tenn. Comp. R. & Regs. 1370-02-.16 LICENSE

(1) Issuance - Upon the Council determining that an applicant for licensure has successfully met all the requirements as set forth in T.C.A. §§ 63-17-201, et seq., and these rules, and upon receipt within thirty (30) days of notification in writing of such status, the applicant is required to submit to the Council’s office the initial license fee pursuant to Rule 1370-02-.12.

(2) Display of License - Every person engaged in the fitting and dispensing of hearing instruments in this state shall display his license in a conspicuous place in his principal office and, whenever required, exhibit such license to the Council or its authorized representative.

(3) Replacement License - A licensee whose “artistically designed” document or wall license has been lost or destroyed may be issued a new wall license upon receipt of a written request in the Council Administrative Office. Such request shall be accompanied by an affidavit (signed and notarized) stating the facts concerning the loss or destruction of the original license, a recent photograph which has been signed by the licensee on the back, and the required fee pursuant to Rule 1370-02-.06. This process shall be accomplished by the Council’s Unit Director.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, 63-1-109, 63-15-103, 63-15-105, 63-15-111, 63-17- 203, 63-17-205, and 63-17-211.
Administrative History: Original rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.16 filed December 28, 1999; effective March 12, 2000.

Tenn. Comp. R. & Regs. 1370-02-.17 CHANGE OF ADDRESS AND/OR NAME

(1) Before engaging in the practice of fitting or selling hearing instruments, each licensee shall notify the Council in writing of the address of his primary business where he is to engage, or intends to engage, in the fitting or selling of hearing instruments.

(2) If any changes occur in his place of business, the licensee must notify the Council’s Administrative Office in writing within thirty (30) days of such change and reference the individual’s name, profession, and license number. Failure to give such notice of the business address change shall be deemed just cause for disciplinary action by the Council.

(3) Each person holding a license who has had a change of address shall file in writing with the Council his current mailing address, giving both old and new address. Such requests should be received in the Council’s Administration Office no later than thirty (30) days after such change has occurred and reference the licensee’s name, profession, and license number.

(4) Change of name - A Licensee registered with the Council shall notify the Council’s Administrative Office in writing, within thirty (30) days of a name change. A copy of the official document evidencing the name change shall be included. Such request must reference the licensee’s profession and license number.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-106, 63-1-108, 63-15-112, 63-17-203, and 63-17-212.
Administrative History: Original rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.17 filed December 28, 1999; effective March 12, 2000.

Tenn. Comp. R. & Regs. 1370-02-.18 MANDATORY RELEASE OF CLIENT RECORDS

(1) Upon written request from a client or the client’s authorized representative, licensees shall provide a complete copy of the client’s records or summary of such records maintained by the licensee within ten (10) working days.

(2) The individual requesting the records shall be responsible for payment of a reasonable fee in advance to the licensee for copying and mailing of the records.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-2-101, 63-2-102, and 63-17-203.
Administrative History: Original rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760- 01-.18 filed December 28, 1999; effective March 12, 2000.

Tenn. Comp. R. & Regs. 1370-02-.19 COUNCIL MEETINGS, OFFICERS, CONSULTANTS, RECORDS, DECLARATORY

ORDERS, AND SCREENING PANELS.

(1) The Council may elect annually from its membership a chairperson and a secretary who each shall hold office for one (1) year or until the election and qualification of a successor.

(a) Chairperson - Presides at all Council meetings.

(b) Secretary - Who along with the Council administrator shall be responsible for correspondence from the Council.

(2) Council meetings - The Council shall meet at least once each year at a place and time determined by the Chair, and shall also meet at such other times and places as may be appropriate.

(3) The Council has the authority to select a Consultant, as approved by the Board, who shall serve as a Consultant to the Division.

(4) Records and Complaints (a) All requests, applications, notices, other communications and correspondence shall be directed to the Council’s Administrative Office. Any requests or inquiries requiring a Council decision or official Council action except documents relating to disciplinary actions or hearing requests must be received fourteen (14) days prior to a scheduled Council meeting and will be retained in the Administrative Office and presented to the Council at the Council meeting. Such documentation not timely received shall be set over to the next Council meeting.

(b) All records of the Council, except those made confidential by law, are open for inspection and examination, under the supervision of an employee of the Division at the Council’s Administrative Office.

(d) Complaints made against a licensed practitioner become public information only upon the filing of a notice of charges by the Department of Health.

(e) All complaints should be directed to the Investigations Section of Health Related Boards.

(5) Screening Panels - The Council adopts, as if fully set out herein, Rule 1200-10-01-.13, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the screening panel process.

(6) Declaratory Orders - The Board adopts, as if fully set out herein, Rule 1200-10-01-.11, of the Division of Health Related Boards and as it may from time to time be amended, as its rule governing the declaratory order process. All declaratory order petitions involving statutes, rules or orders within the jurisdiction of the Board shall be addressed by the Board pursuant to that rule and not by the Division. Declaratory Order Petition forms can be obtained from the Board’s Administrative Office.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-138, 63-15-203, 63-17-105, 63-17-219, and 63-17-220.
Administrative History: Original rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.19 filed December 28, 1999; effective March 12, 2000. Amendment filed February 10, 2000; effective April 25, 2000. Amendment filed July 10, 2006; effective September 23, 2006.

Tenn. Comp. R. & Regs. 1370-02-.20 ADVERTISING

(1) All advertisements shall adhere to the proscriptions specifically set out in Rule 1370-02-.13 governing unethical conduct.

(2) Advertising Records and Responsibility (a) Each licensee who is a principal partner, or officer of a firm or entity identified in any advertisement, is jointly and severally responsible for the form and content of any advertisement. This provision shall also include any licensed professional employees acting as an agent of such firm or entity.

(b) Any and all advertisements are presumed to have been approved by the licensee named therein.

(c) A recording of every advertisement communicated by electronic media, and a copy of every advertisement communicated by print media, and a copy of any other form of advertisement shall be retained by the licensee for a period of one (1) year from the last date of broadcast or publication and be made available for review upon request by the Council or its designee.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-1-116, 63-1-145, 63-17-105, and 63-17-203.
Administrative History: Original rule filed December 28, 1999; effective March 12, 2000. Amendment filed July 10, 2006; effective September 23, 2006.

Tenn. Comp. R. & Regs. 1370-02-.21 RECORDS, SERVICES AND TESTS

(1) Records (a) Client’s Record. The record for each client shall include a case history, the results of all required tests and a legend (key) explaining the symbols of results used in the audiogram. Records of the required test and dispensing procedures shall be maintained as a part of the client’s file and shall show also the model number or name, serial number, type of circuit response or any adjustment made on instruments that have adjustable circuits. Such records shall be maintained and preserved for a minimum of three (3) years after the last entry in the records.

(b) Orientation Program. Every hearing aid client shall be offered at the site of the sale a personalized counseling program provided by the HIS or an individual licensed by the Council. The counseling program shall be provided with each new fitting and designed to ensure that proper use and operation of the instrument are understood by the client.

(c) Earmold. Every air conduction fitting that requires an earmold shall include a properly fitting custom earmold except in cases where, in the dispenser’s judgment, the client would be better fitted without the use of a new mold. In special fittings where an earmold is not required, such shall be noted in the record.

(d) Examination of the Ear. The dispenser shall make an examination of the client’s external ears by means of an otoscope, or other instrument designed for that purpose, before any audiometric test is made and before and after the making of an earmold impression. Any abnormality detected by this inspection must be reported to the client and the client advised to seek medical advice and this shall be recorded on the test record.

(2) Bill of Sale for Hearing Equipment - To insure that appropriate follow up services are available to consumers in Tennessee, licensees shall deliver to each person supplied with a hearing instrument a bill of sale which contains each of the following:

(a) The signature of the licensed hearing instrument specialist, the address of the specialist’s regular place of business, the specialist’s license number with an expiration date.

(b) The make and model of the hearing instrument supplied and the amount charged including a description, i.e., new, used, rebuilt.

(d) Name and address of the Council.

(e) Statement that the Council will receive complaints on any matter relating to the fitting and dispensing of hearing instruments.

(f) If the licensee has no location in Tennessee, an outline of follow up services must be made available to Tennessee residents who purchase the dealer’s services within Tennessee.

(3) Tests (a) Puretone Audiometry.

Thresholds shall be determined for each ear with air and bone conducted puretone stimuli. Air conduction stimuli must include 0.5, 1, 2, and 4K Hertz.

Bone conduction stimuli must include .05, 1, 2, and 4K Hertz. On a client whose bone conduction threshold has been previously charted and that chart is a part of the client’s permanent record, the licensee, at his discretion, may omit any new bone conduction testing, if there has been no appreciable change in the air conduction thresholds.

Appropriate masking must be used with air and bone conducted stimuli whenever necessary to obtain valid results.

(b) Discrimination Tests. There shall be a measurement of the client’s speech discrimination ability at each ear using widely recognized test material prior to fitting.

Appropriate masking must be used with speech stimuli whenever necessary to obtain valid results.

(c) Post-Fitting Tests. There shall be a measurement of the client’s hearing ability using widely recognized test material while the client is wearing the selected hearing aid(s) adjusted for the selection gain, M.P. output, and frequency response.

(d) Tests for Tolerance. There shall be a measurement of the client’s tolerance for amplified auditory stimuli using speech, puretones, or a complex signal representative of the speech spectrum (0.5, 1 and 2K Hz) or a method deemed acceptable by the Council.

(e) Omitted Tests.

The required tests may be omitted only under the most unusual circumstances, such as the inability of the client to perform the task.
When a fitting is being made upon referral, the specified tests may be omitted if the referring source has forwarded to the dispenser copies of those test results.

However, these tests must have been performed within ninety (90) days. The licensed dispenser who omits specified tests and accepts tests performed by referring professional shall orally inform and conspicuously set forth in the sales contract that the hearing aid dispenser is not responsible for the validity and accuracy of the tests.

History

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-15-101, 63-15-103, 63-15-110, 63-15-114, 63-15-115, 63-17- 201, 63-17-203, 63-17-210, 63-17-214, and 63-17-215.
Administrative History: Original rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.20 filed December 28, 1999; effective March 12, 2000.

Chapter 1370-03 Repealed

Tenn. Comp. R. & Regs. 1370-03-.01 REPEALED

History

Authority: T.C.A. §§4-5-202, 4-5-204, 63-17-103, 63-17-105, 63-17-101, et. seq., and 63-17-114.
Administrative History: Original rule filed December 17, 1982; effective March 16, 1983. Amendment filed May 29, 1987; effective July 13, 1987. Amendment filed October 30, 1989; effective December 14, 1989. Repeal filed January 31, 2000; effective April 15, 2000. -- 1 of 1 --

Chapter 1370-04 Repealed

Tenn. Comp. R. & Regs. 1370-04 Repealed

RULES

OF TENNESSEE BOARD OF COMMUNICATION DISORDERS AND SCIENCES

Authority: T.C.A. §§4-5-202, 4-5-204, 4-509, and 63-17-101, et seq. Administrative History: Original Chapter Filed November 22, 1978; effective. January 8, 1979. Chapter 1370-2 has been renumbered to 1370-4 per secretary of state; effective March 1, 2000. Repeal filed January 31, 2000; effective April 15, 2000. -- 1 of 1 --

Tenn. Comp. R. & Regs. 1370 — Communications Disorders

Chapter 1370-01 Rules for Speech Pathology and Audiology

Tenn. Comp. R. & Regs. 1370-01-.01 DEFINITIONS

Tenn. Comp. R. & Regs. 1370-01-.02 SCOPE OF PRACTICE

Tenn. Comp. R. & Regs. 1370-01-.03 NECESSITY OF LICENSURE OR REGISTRATION

Tenn. Comp. R. & Regs. 1370-01-.04 QUALIFICATIONS FOR LICENSURE

Tenn. Comp. R. & Regs. 1370-01-.05 PROCEDURES FOR LICENSURE

Tenn. Comp. R. & Regs. 1370-01-.06 FEES

Tenn. Comp. R. & Regs. 1370-01-.07 APPLICATION REVIEW, APPROVAL, AND DENIAL FOR LICENSES, PROVISIONAL

Tenn. Comp. R. & Regs. 1370-01-.08 EXAMINATIONS

Tenn. Comp. R. & Regs. 1370-01-.09 RENEWAL OF LICENSE OR REGISTRATION

Tenn. Comp. R. & Regs. 1370-01-.10 .

Tenn. Comp. R. & Regs. 1370-01-.11 RETIREMENT AND REACTIVATION OF LICENSE OR REGISTRATION

Tenn. Comp. R. & Regs. 1370-01-.12 CONTINUING EDUCATION

Tenn. Comp. R. & Regs. 1370-01-.13 UNPROFESSIONAL AND UNETHICAL CONDUCT

Tenn. Comp. R. & Regs. 1370-01-.14 SPEECH LANGUAGE PATHOLOGY ASSISTANTS AND SUPERVISION

Tenn. Comp. R. & Regs. 1370-01-.15 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS, AND

Tenn. Comp. R. & Regs. 1370-01-.16 DISPLAY/REPLACEMENT OF LICENSE OR REGISTRATION

Tenn. Comp. R. & Regs. 1370-01-.17 CHANGE OF ADDRESS AND/OR NAME

Tenn. Comp. R. & Regs. 1370-01-.18 CONSUMER RIGHT-TO-KNOW REQUIREMENTS

Tenn. Comp. R. & Regs. 1370-01-.19 BOARD MEETINGS, OFFICERS, CONSULTANTS, DECLARATORY ORDERS AND

Tenn. Comp. R. & Regs. 1370-01-.20 ADVERTISING

Tenn. Comp. R. & Regs. 1370-01-.21 TELECOMMUNICATIONS AND TELESUPERVISION

Tenn. Comp. R. & Regs. 1360-04-01-.18 regarding petitions for reconsiderations and stays in that case.

Chapter 1370-02 General Rules Governing Hearing Instrument Specialists

Tenn. Comp. R. & Regs. 1370-02-.01 DEFINITIONS

Tenn. Comp. R. & Regs. 1370-02-.02 SCOPE OF PRACTICE

Tenn. Comp. R. & Regs. 1370-02-.03 REPEALED

Tenn. Comp. R. & Regs. 1370-02-.04 PRELIMINARY QUALIFICATIONS FOR LICENSURE

Tenn. Comp. R. & Regs. 1370-02-.05 PROCEDURES FOR LICENSURE

Tenn. Comp. R. & Regs. 1370-02-.06 , will be applicable.

Tenn. Comp. R. & Regs. 1370-02-.07 APPLICATION REVIEW, APPROVAL, DENIAL AND INTERVIEWS

Tenn. Comp. R. & Regs. 1370-02-.08 EXAMINATIONS

Tenn. Comp. R. & Regs. 1370-02-.09 RENEWAL OF LICENSE

Tenn. Comp. R. & Regs. 1370-02-.10 SUPERVISION

Tenn. Comp. R. & Regs. 1370-02-.11 RETIREMENT AND REACTIVATION OF LICENSE

Tenn. Comp. R. & Regs. 1370-02-.12 CONTINUING EDUCATION, CALIBRATION CERTIFICATES, AND BILLS OF SALE

Tenn. Comp. R. & Regs. 1200-10-01-.10 .

Tenn. Comp. R. & Regs. 1370-02-.13 UNETHICAL CONDUCT

Tenn. Comp. R. & Regs. 1370-02-.14 APPRENTICESHIP TRAINING PROGRAM

Tenn. Comp. R. & Regs. 1370-02-.15 DISCIPLINARY ACTIONS, CIVIL PENALTIES, ASSESSMENT OF COSTS AND

Tenn. Comp. R. & Regs. 1370-02-.16 LICENSE

Tenn. Comp. R. & Regs. 1370-02-.17 CHANGE OF ADDRESS AND/OR NAME

Tenn. Comp. R. & Regs. 1370-02-.18 MANDATORY RELEASE OF CLIENT RECORDS

Tenn. Comp. R. & Regs. 1370-02-.19 COUNCIL MEETINGS, OFFICERS, CONSULTANTS, RECORDS, DECLARATORY

Tenn. Comp. R. & Regs. 1370-02-.20 ADVERTISING

Tenn. Comp. R. & Regs. 1370-02-.21 RECORDS, SERVICES AND TESTS

Chapter 1370-03 Repealed

Tenn. Comp. R. & Regs. 1370-03-.01 REPEALED

Chapter 1370-04 Repealed

Tenn. Comp. R. & Regs. 1370-04 Repealed

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