Speech, Language, and Hearing Occupations Licensing Amendments

72
53E-6-102
53E-6-702
53F-2-310
53F-2-405
53F-5-217
53G-11-501
53G-11-512
58-1-203
58-41-1
58-41-3
58-41-2
58-41-13
58-41-16
58-41-6
58-41-5
58-41-8
58-41-12
58-41-5.5
58-41-4
58-41-17
58-41-14
58-41-9
58-41-501
58-41-15
58-46a-101
58-46a-102
58-46a-302
58-46a-302.5
58-46a-303
58-46a-304
58-46a-305
58-46a-401
58-46a-501
58-46a-502
58-46a-503
63I-2-253
63I-2-258
76-3-203.2
1
Speech, Language, and Hearing Occupations Licensing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill modifies the regulations for hearing professionals.
Highlighted Provisions:
This bill:
defines terms;
allows the division to create temporary working groups when no board is available to
assist the division;
allows an audiologist to supervise a hearing instrument specialist intern;
repeals the creation of the Speech-language Pathologist and Audiologist Licensing Board;
repeals the exemption permitting an individual to receive licensure as a speech-language
pathologist or an audiologist from the State Board of Education;
creates an alternative path for licensure as an audiologist and as a speech-language
pathologist;
aligns the unprofessional conduct standards of a hearing instrument specialist with the
unprofessional conduct standards of audiologists; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
53E-6-102
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
53E-6-702
Effective
05/06/26
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-310
Effective
05/06/26
, as last amended by Laws of Utah 2019, Chapter 186
53F-2-405
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 165
53F-5-217
Effective
05/06/26
, as enacted by Laws of Utah 2020, Chapter 362
53G-11-501
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 484
53G-11-512
Effective
05/06/26
, as last amended by Laws of Utah 2024, Chapter 484
58-1-203
Effective
05/06/26
, as last amended by Laws of Utah 2011, Chapter 181
58-46a-102
Effective
05/06/26
Repealed
07/01/33
, as last amended by Laws of Utah
2020, Chapter 154
58-46a-302
Effective
05/06/26
Repealed
07/01/33
, as last amended by Laws of Utah
2020, Chapter 339
58-46a-302.5
Effective
05/06/26
Repealed
07/01/33
, as last amended by Laws of
Utah 2023, Chapter 303
58-46a-303
Effective
05/06/26
Repealed
07/01/33
, as last amended by Laws of Utah
2023, Chapter 303
58-46a-305
Effective
05/06/26
Repealed
07/01/33
, as last amended by Laws of Utah
2019, Chapter 349
58-46a-401
Effective
05/06/26
Repealed
07/01/33
, as enacted by Laws of Utah 1994,
Chapter 28
58-46a-501
Effective
05/06/26
Repealed
07/01/33
, as last amended by Laws of Utah
2020, Chapter 154
58-46a-502
Effective
05/06/26
Repealed
07/01/33
, as last amended by Laws of Utah
2020, Chapter 154
58-46a-503
Effective
05/06/26
Repealed
07/01/33
, as enacted by Laws of Utah 1998,
Chapter 249
63I-2-253
Effective
05/06/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
63I-2-258
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 277
76-3-203.2
Effective
05/06/26
, as last amended by Laws of Utah 2022, Chapter 181
ENACTS:
58-41-501
Effective
05/06/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
58-41-101
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-2, as last
amended by Laws of Utah 2020, Chapter 424)
58-41-102
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-13, as
last amended by Laws of Utah 2009, Chapter 183)
58-41-103
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-16, as
last amended by Laws of Utah 2025, Chapter 302)
58-41-201
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-6, as last
amended by Laws of Utah 1993, Chapter 297)
58-41-301
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-5, as last
amended by Laws of Utah 2024, Chapter 137)
58-41-302
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-8, as last
amended by Laws of Utah 1993, Chapter 297)
58-41-303
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-12, as
repealed and reenacted by Laws of Utah 1993, Chapter 297)
58-41-304
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-5.5, as
enacted by Laws of Utah 2010, Chapter 397)
58-41-305
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-4, as last
amended by Laws of Utah 2023, Chapter 329)
58-41-306
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-17, as
last amended by Laws of Utah 2017, Chapter 43)
58-41-307
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-14, as
last amended by Laws of Utah 1989, Chapter 207)
58-41-401
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-9, as
repealed and reenacted by Laws of Utah 1993, Chapter 297)
58-41-502
Effective
05/06/26
Repealed
07/01/29
, (Renumbered from 58-41-15, as
last amended by Laws of Utah 1989, Chapter 207)
REPEALS:
58-41-1
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
1989, Chapter 207
58-41-3
Effective
05/06/26
Repealed
07/01/29
, as last amended by Laws of Utah
2020, Chapter 424
58-46a-101
Effective
05/06/26
Repealed
07/01/33
, as enacted by Laws of Utah 1994,
Chapter 28
58-46a-304
Effective
05/06/26
Repealed
07/01/33
, as enacted by Laws of Utah 1994,
Chapter 28
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53E-6-102
is amended to read:
53E-6-102
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Certificate" means a license issued by a governmental jurisdiction outside the state.
(2)
"DOD civilian" means the same as that term is defined in Section
53H-11-202
.
(3)
"Educator" means:
(a)
a person who holds a license;
(b)
a teacher, counselor, administrator, librarian, or other person required, under rules of
the state board, to hold a license;
or
(c)
for an audiologist or a speech language pathologist, an individual who an LEA
employs and holds a credential from:
(i)
the Division of Professional Licensing in accordance with Title 58, Chapter 41,
Speech-Language Pathology and Audiology Licensing Act; or
(ii)
the State Board of Education
; or
(c)
(d)
a person who is the subject of an allegation which has been received by an LEA,
the state board, or UPPAC and was, at the time noted in the allegation, a license
holder or a person employed in a position requiring licensure.
(4)
"License" means an authorization issued by the state board that permits the holder to
serve in a professional capacity in the public schools.
(5)
"National Board certification" means a current certificate issued by the National Board
for Professional Teaching Standards.
(6)
"School" means a public or private entity that provides educational services to a minor
child.
(7)
"UPPAC" means the Utah Professional Practices Advisory Commission.
Section 2. Section
53E-6-702
is amended to read:
53E-6-702
Effective
05/06/26
. Reimbursement of legal fees and costs to
educators.
(1)
As used in this section:
(a)
"Action" means any action, except those referred to in Section
52-6-201
, brought
against an educator by an individual or entity other than:
(i)
the entity who licenses the educator; and
(ii)
the LEA that employs the educator or employed the educator at the time of the
alleged act or omission.
(b)
"Educator" means
:

(i)
an individual who holds or is required to hold a license as defined by the state
board and is employed by an LEA located within the state
.
; or
(ii)
for an audiologist or a speech language pathologist, an individual who an LEA
employs and holds a credential from:
(A)
the Division of Professional Licensing in accordance with Title 58, Chapter 41,
Speech-Language Pathology and Audiology Licensing Act; or
(B)
the State Board of Education.
(2)
Except as otherwise provided in Section
52-6-201
, an educator is entitled to recover
reasonable attorneys' fees
reasonable attorney fees
and costs incurred in the educator's
defense against an individual or entity who initiates an action against the educator if:
(a)
the action is brought for any act or omission of the educator during the performance
of the educator's duties within the scope of the educator's employment; and
(b)
it is dismissed or results in findings favorable to the educator.
(3)
An educator who recovers under this section is also entitled to recover reasonable
attorneys' fees
attorney fees
and costs necessarily incurred by the educator in recovering
the
attorneys' fees
attorney fees
and costs allowed under Subsection
(2)
.
Section 3. Section
53F-2-310
is amended to read:
53F-2-310
Effective
05/06/26
. Stipends for special educators for additional days
of work.
(1)
As used in this section:
(a)
"Special education teacher" means a teacher whose primary assignment is the
instruction of students with disabilities who are eligible for special education services.
(b)
"Special educator" means a person employed by a school district, charter school, or
the Utah Schools for the Deaf and the Blind who holds:
(i)
a license issued by the state board
or, for a speech language pathologist, an
individual who an LEA employs and holds a credential from:
(A)
the Division of Professional Licensing in accordance with Title 58, Chapter 41,
Speech-Language Pathology and Audiology Licensing Act
;
or
(B)
the State Board of Education;
and
(ii)
a position as a:
(A)
special education teacher;
(B)
speech-language pathologist; or
(C)
teacher of the deaf or hard of hearing;
(2)
The Legislature shall annually appropriate money for stipends to special educators for
additional days of work:
(a)
in recognition of the added duties and responsibilities assumed by special educators
to comply with federal law regulating the education of students with disabilities and
the need to attract and retain qualified special educators; and
(b)
subject to future budget constraints.
(3)
(a)
The state board shall distribute money appropriated under this section to school
districts, charter schools, and the Utah Schools for the Deaf and the Blind for
stipends for special educators in the amount of $200 per day for up to 10 additional
working days.
(b)
Money distributed under this section shall include, in addition to the $200 per day
stipend, money for the following employer-paid benefits:
(i)
retirement;
(ii)
workers' compensation;
(iii)
Social Security; and
(iv)
Medicare.
(4)
A special educator receiving a stipend shall:
(a)
work an additional day beyond the number of days contracted with the special
educator's school district or school for each daily stipend;
(b)
schedule the additional days of work before or after the school year; and
(c)
use the additional days of work to perform duties related to the IEP process,
including:
(i)
administering student assessments;
(ii)
conducting IEP meetings;
(iii)
writing IEPs;
(iv)
conferring with parents; and
(v)
maintaining records and preparing reports.
(5)
A special educator may:
(a)
elect to receive a stipend for one to 10 days of additional work; or
(b)
elect to not receive a stipend.
(6)
A person who does not hold a full-time position as a special educator is eligible for a
partial stipend equal to the percentage of a full-time special educator position the person
assumes.
Section 4. Section
53F-2-405
is amended to read:
53F-2-405
Effective
05/06/26
. Educator salary adjustments.
(1)
As used in this section, "educator" means a person employed by
a school district,
charter school,
an LEA or
regional education service agency
, or the Utah Schools for
the Deaf and the Blind
who holds:
(a)
(i)
a license issued by the state board; and
(ii)
a position as a:
(A)
classroom teacher;
(B)
speech pathologist;
(C)
librarian or media specialist;
(D)
preschool teacher;
(E)
mentor teacher;
(F)
teacher specialist or teacher leader;
(G)
guidance counselor;
(H)
audiologist;
(I)
psychologist; or
(J)
social worker; or
(b)
(i)
a license issued by the Division of Professional Licensing; and
(ii)
a position as
:

(A)
a social worker
.
;
(B)
audiologist; or
(C)
speech language pathologist.
(2)
In recognition of the need to attract and retain highly skilled and dedicated educators,
the Legislature shall annually appropriate money for educator salary adjustments,
subject to future budget constraints.
(3)
(a)
The state board shall distribute to each school district, each charter school, each
regional education service agency, and the Utah Schools for the Deaf and the Blind
money that the Legislature appropriates for educator salary adjustments based on the
number of educator positions described in Subsection
(1)
in the school district, the
charter school, each regional education service agency, or the Utah Schools for the
Deaf and the Blind.
(b)
Notwithstanding Subsection
(3)(a)
, if appropriations are insufficient to provide the
full amount of educator salary adjustments described in this section, the state board
shall distribute money appropriated for educator salary adjustments to school
districts, charter schools, each regional education service agency, and the Utah
Schools for the Deaf and the Blind in proportion to the number of
full-time-equivalent educator positions in a school district, a charter school, each
regional education service agency, or the Utah Schools for the Deaf and the Blind as
compared to the total number of full-time-equivalent educator positions in school
districts, charter schools, each regional education service agency, and the Utah
Schools for the Deaf and the Blind.
(4)
A school district, a charter school, each regional education service agency, or the Utah
Schools for the Deaf and the Blind shall award bonuses to educators as follows:
(a)
for fiscal year 2026, the amount of the salary adjustment for each
full-time-equivalent educator is:
(i)
if
Chapter 6, Part 4, Utah Fits All Scholarship Program
, is funded and in effect,
$10,350; or
(ii)
if
Chapter 6, Part 4, Utah Fits All Scholarship Program
, is not funded and in
effect, $5,175;
(b)
an individual who is not a full-time educator shall receive a partial salary adjustment
based on the number of hours the individual works as an educator;
(c)
a salary adjustment may not be awarded if an educator has received an unsatisfactory
rating on the educator's three most recent evaluations; and
(d)
for a fiscal year beginning on or after July 1, 2024, the amount of the salary
adjustment is equal to:
(i)
the amount of salary adjustment in the preceding fiscal year; and
(ii)
a percentage increase that is equal to the percentage increase in the value of the
WPU in the preceding fiscal year.
(5)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
state board:
(a)
shall make rules to ensure that the LEAs do not:
(i)
reduce or supplant a compensation increase from an increase in the WPU value
with an increase from the salary supplement in this section; or
(ii)
reduce or artificially limit a teacher's salary to convert the salary supplement in
this section into a windfall to the LEA; and
(b)
may make rules as necessary to administer this section.
(6)
(a)
Subject to future budget constraints, the Legislature shall appropriate sufficient
money each year to:
(i)
maintain educator salary adjustments provided in prior years; and
(ii)
provide educator salary adjustments to new employees.
(b)
Money appropriated for educator salary adjustments shall include money for the
following employer-paid benefits:
(i)
retirement;
(ii)
worker's compensation;
(iii)
social security; and
(iv)
Medicare.
(7)
(a)
Subject to future budget constraints, the Legislature shall:
(i)
maintain the salary adjustments provided to school administrators in the 2007-08
school year; and
(ii)
provide salary adjustments for new school administrators in the same amount as
provided for existing school administrators.
(b)
The appropriation provided for educator salary adjustments described in this section
shall include salary adjustments for school administrators as specified in Subsection
(7)(a)
.
(c)
In distributing and awarding salary adjustments for school administrators, the state
board, a school district, a charter school, each regional education service agency, or
the Utah Schools for the Deaf and the Blind shall comply with the requirements for
the distribution and award of educator salary adjustments as provided in Subsections
(3)
and
(4)
.
Section 5. Section
53F-5-217
is amended to read:
53F-5-217
Effective
05/06/26
. Grants for new and aspiring principals.
(1)
As used in this section:
(a)
"Aspiring principal" means an educator who is:
(i)
employed by an LEA; and
(ii)
pursuing a school leadership license or license area of concentration through
enrollment in a state board approved school leadership program.
(b)
"Educator" means
:

(i)
an individual who holds a professional educator license described in Section
53E-6-201
.
; or
(ii)
for an audiologist or a speech language pathologist, an individual who an LEA
employs and holds a credential from:
(A)
the Division of Professional Licensing in accordance with Title 58, Chapter 41,
Speech-Language Pathology and Audiology Licensing Act; or
(B)
the State Board of Education.
(c)
"Eligible applicant" means one of the following that has established a mentoring
program for new principals, or agrees to establish a mentoring program during the
first year of funding, that meets the requirements as described in Subsection
(6)
:
(i)
a single LEA;
(ii)
a group of more than one LEA that submits a joint application;
or
(iii)
a regional education service agency as described in Section
53G-4-410
.
(d)
"Internship" means an extended supervised experience for an aspiring principal to
engage in the work of a principal, designed to build and demonstrate the
competencies required for a school leadership license or license area of concentration.
(e)
"New principal" means a principal hired by an LEA within the previous three years
who has not been previously employed as a principal by the LEA.
(f)
(i)
"Principal" means a school-level leader with executive authority, including:
(A)
a principal;
(B)
an assistant principal;
(C)
a charter school director; or
(D)
another school-based administrator.
(ii)
"Principal" does not include:
(A)
a school district administrator; or
(B)
a director of two or more charter schools.
(g)
"Residency" means a clinical experience for an aspiring principal that:
(i)
takes place in a new setting, other than the aspiring principal's current position; and
(ii)
that is designed to build and demonstrate the competencies required for a school
leadership license or license area of concentration.
(2)
(a)
An eligible applicant may apply to the state board for a grant to provide
professional learning and training activities for a new principal or an aspiring
principal.
(b)
Subject to legislative appropriations, the state board shall award a grant to an eligible
applicant on a qualifying or competitive basis.
(c)
The state board may award a grant to an eligible applicant for up to five years.
(d)
The state board shall determine an eligible applicant's grant amount based on a
formula determined by the state board as described Subsection
(6)
.
(3)
(a)
A grant recipient that receives a grant under this section may use the grant award:
(i)
to provide mentoring activities to a new principal;
(ii)
to provide job-embedded experiences such as an internship or residency to an
aspiring principal to help the aspiring principal meet school leader standards and
competencies required for licensure as a principal;
(iii)
for activities designed to improve principal leadership, including:
(A)
hiring a principal supervisor or a principal coach;
(B)
providing professional learning activities to help a principal meet school
leadership standards and competencies for principal licensure established by
the state board; and
(C)
other activities determined by the state board in Subsection
(6)
; and
(iv)
for planning purposes during the first year of the grant award.
(b)
A grant recipient that receives a grant award under this section shall use the grant
award for activities that are evidenced-based.
(4)
A grant recipient that receives a grant award under this section shall report to the state
board on the performance measures and reporting requirements described in Subsection
(6)
.
(5)
On or before the November 2026 meeting, the state board shall report to the Education
Interim Committee on:
(a)
the information described in Subsection
(4)
; and
(b)
for each grant recipient:
(i)
how the grant recipient used the grant award;
(ii)
the number and percent of principals receiving the professional learning and
training activities described in Subsection
(3)
;
(iii)
survey data collected from participating new principals and aspiring principals
regarding the quality and effectiveness of the professional learning and training
activities described in Subsection
(3)
;
(iv)
retention rates for all principals;
(v)
teacher retention rates in each school with a new principal or aspiring principal
receiving the professional learning and training activities described in Subsection
(3)
; and
(vi)
school accountability data described in
Title 53E, Chapter 5, Accountability
, for
each year the grant recipient uses the grant award to provide new and aspiring
principals with the professional learning and training activities described in
Subsection
(3)
.
(6)
In accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the
state board shall make rules establishing:
(a)
mentoring program requirements for new principals;
(b)
grant application and award procedures including a formula for determining an
eligible applicant's grant award amount;
(c)
performance measures and reporting requirements for a grant recipient;
(d)
principal leadership standards and competencies;
(e)
a grant award distribution schedule; and
(f)
professional learning activities to improve principal leadership for which a grant
recipient may use a grant award.
Section 6. Section
53G-11-501
is amended to read:
53G-11-501
Effective
05/06/26
. Definitions.
As used in this part:
(1)
"Administrator" means an individual who supervises educators and holds an appropriate
license.
(2)
"Career educator" means a licensed employee who has a reasonable expectation of
continued employment under the policies of a local school board.
(3)
"Career employee" means an employee of a school district who has obtained a
reasonable expectation of continued employment based upon Section
53G-11-503
and
an agreement with the employee or the employee's association, district practice, or
policy.
(4)
"Chronically absent" means a student who:
(a)
was enrolled in an LEA for at least 60 calendar days; and
(b)
missed 10% or more days of instruction, whether the absence was excused or not.
(5)
"Contract term" or "term of employment" means the period of time during which an
employee is engaged by the school district under a contract of employment, whether oral
or written.
(6)
"Dismissal" or "termination" means:
(a)
termination of the status of employment of an employee;
(b)
failure to renew or continue the employment contract of a career employee beyond
the then-current school year;
(c)
reduction in salary of an employee not generally applied to all employees of the same
category employed by the school district during the employee's contract term; or
(d)
change of assignment of an employee with an accompanying reduction in pay, unless
the assignment change and salary reduction are agreed to in writing.
(7)
"Educator" means an individual employed by a school district who is required to hold a
professional license issued by the state board
or, for an audiologist or a speech language
pathologist, an individual who an LEA employs and holds a credential from the State
Board of Education or from the Division of Professional Licensing in accordance with
Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act
, except:
(a)
a superintendent; or
(b)
an individual who works less than three hours per day or is hired for less than half of
a school year.
(8)
(a)
"Employee" means a career or provisional employee of a school district, except as
provided in Subsection
(7)(b)
.
(b)
Excluding Section
53G-11-518
, for purposes of this part, "employee" does not
include:
(i)
a district superintendent or the equivalent at the Utah Schools for the Deaf and the
Blind;
(ii)
a district business administrator or the equivalent at the Utah Schools for the Deaf
and the Blind; or
(iii)
a temporary employee.
(9)
"Formative evaluation" means a planned, ongoing process which allows educators to
engage in reflection and growth of professional skills as related to the Utah Effective
Teaching Standards.
(10)
"Last-hired, first-fired layoff policy" means a staff reduction policy that mandates the
termination of an employee who started to work for a district most recently before
terminating a more senior employee.
(11)
"Provisional educator" means an educator employed by a school district who has not
achieved status as a career educator within the school district.
(12)
"Provisional employee" means an individual, other than a career employee or a
temporary employee, who is employed by a school district.
(13)
"School board" means a local school board or, for the Utah Schools for the Deaf and
the Blind, the state board.
(14)
"School district" or "district" means:
(a)
a public school district; or
(b)
the Utah Schools for the Deaf and the Blind.
(15)
"Summative evaluation" means an evaluation that:
(a)
a supervisor conducts;
(b)
summarizes an educator's performance during an evaluation cycle; and
(c)
a supervisor or school district may use to make decisions related to an educator's
employment.
(16)
"Temporary employee" means an individual who is employed on a temporary basis as
defined by policies adopted by the school board. If the class of employees in question is
represented by an employee organization recognized by the school board, the school
board shall adopt the school board's policies based upon an agreement with that
organization. Temporary employees serve at will and have no expectation of continued
employment.
(17)
(a)
"Unsatisfactory performance" means a deficiency in performing work tasks that
may be:
(i)
due to insufficient or undeveloped skills or a lack of knowledge or aptitude; and
(ii)
remediated through training, study, mentoring, or practice.
(b)
"Unsatisfactory performance" does not include the following conduct that is
designated as a cause for termination under Section
53G-11-512
or a reason for
license discipline by the state board or Utah Professional Practices Advisory
Commission:
(i)
a violation of work policies;
(ii)
a violation of school board policies, state board rules, or law;
(iii)
a violation of standards of ethical, moral, or professional conduct; or
(iv)
insubordination.
Section 7. Section
53G-11-512
is amended to read:
53G-11-512
Effective
05/06/26
. Local school board to establish dismissal
procedures.
(1)
A local school board shall, by contract with its employees or their associations, or by
resolution of the local school board, establish procedures for dismissal of employees in
an orderly manner without discrimination.
(2)
The local school board shall ensure that the procedures described in Subsection
(1)

include:
(a)
standards of due process;
(b)
causes for dismissal; and
(c)
procedures and standards related to developing and implementing a plan of
assistance for a career employee whose performance is unsatisfactory.
(3)
The local school board shall ensure that the procedures and standards for a plan of
assistance adopted under Subsection
(2)(c)
require a plan of assistance to identify:
(a)
specific, measurable, and actionable deficiencies;
(b)
the available resources provided for improvement; and
(c)
a course of action to improve employee performance.
(4)
If a career employee exhibits both unsatisfactory performance as described in
Subsection
53G-11-501
(16)(a)
53G-11-501(17)(a)
and conduct described in Subsection
53G-11-501(16)(b)
53G-11-501(17)(b)
, an employer:
(a)
may:
(i)
attempt to remediate the conduct of the career employee; or
(ii)
terminate the career employee for cause if the conduct merits dismissal consistent
with procedures established by the local school board; and
(b)
is not required to develop and implement a plan of assistance for the career
employee, as provided in Section
53G-11-514
.
(5)
If the conduct of a career employee described in Subsection
(4)
is satisfactorily
remediated, and unsatisfactory performance issues remain, an employer shall develop
and implement a plan of assistance for the career employee, as provided in Section
53G-11-514
.
(6)
If the conduct of a career employee described in Subsection
(4)
is not satisfactorily
remediated, an employer:
(a)
may dismiss the career employee for cause in accordance with procedures
established by the local school board that include standards of due process and causes
for dismissal; and
(b)
is not required to develop and implement a plan of assistance for the career
employee, as provided in Section
53G-11-514
.
Section 8. Section
58-1-203
is amended to read:
58-1-203
Effective
05/06/26
. Duties, functions, and responsibilities of division in
collaboration with board -- Construction Services Commission.
(1)
The following duties, functions, and responsibilities of the division shall be performed
by the division with the collaboration and assistance of the appropriate board:
The
division shall perform the following duties, functions, and responsibilities with the
collaboration and assistance of the appropriate board:
(a)
defining which schools, colleges, universities, departments of universities, military
educational and training programs, or other institutions of learning are reputable and
in good standing with the division;
(b)
prescribing license qualifications;
(c)
prescribing rules governing applications for licenses;
(d)
providing for a fair and impartial method of examination of applicants;
(e)
defining unprofessional conduct, by rule, to supplement the definitions under this
chapter or other licensing chapters;
(f)
establishing advisory peer committees to the board and prescribing their scope of
authority; and
(g)
establishing conditions for reinstatement and renewal of licenses.
(2)
Notwithstanding Subsection
(1)
, the duties, functions, and responsibilities of the
division outlined in Subsection
(1)
shall, instead, be performed by the Construction
Services Commission for all purposes of
Title 58, Chapter 55, Utah Construction Trades
Licensing Act
.
(3)
If no appropriate board is available to advise the division, the division may create
temporary working groups with members of the relevant occupation and the public to
assist the division in executing the duties, functions, and responsibilities described in
Subsection
(1)
.
Section 9. Section
58-41-101
, which is renumbered from Section 58-41-2 is renumbered
and amended to read:
41. Speech-Language Pathology and Audiology Licensing Act
1. General Provisions
58-41-2
58-41-101
Effective
05/06/26
Repealed
07/01/29
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
"AAA" means the American Academy of Audiology.
(2)
"ABA" means the American Board of Audiology.
(3)
"ASHA" means the American Speech-Language-Hearing Association.
(2)
"Association" means the Utah Speech-Language-Hearing Association.
(3)
(4)
"Audiologist" means
a person who practices audiology or who holds himself out to
the public directly or indirectly by any means, act, title, identification, performance,
method, or procedure as one who nonmedically examines, measures, tests, interprets,
evaluates, assesses, diagnoses, directs, instructs, treats, counsels, prescribes, and
recommends for persons affected by or suspected of having disorders of or conditions of
hearing loss, or assists persons in achieving the reception, communication, and
perception of sound and determines the range, nature, and degree of hearing function
related to communication needs, or provides audiology services and uses audio
electronic equipment and provides audiology services and consultation regarding noise
control and hearing conservation, conducts tests and interpretation of vestibular function
and nystagmus, prepares ear impressions and provides ear molds, aids, accessories,
prescriptions, and prostheses for hearing, evaluates sound environment and equipment,
and calibrates instruments used in testing and supplementing auditory function. A
person is deemed to be an audiologist if the person directly or indirectly provides or
offers to provide these services or functions set forth in Subsection
(4)
or any related
function.
an independent hearing and balance healthcare practitioner with the education
to assess, diagnose, manage, and non-medically treat disorders of the auditory and
vestibular systems across the lifespan.
(4)
(5)
(a)
"Audiology" means the application of principles, methods, and procedures,
and measuring, testing, examining, interpreting, diagnosing, predicting, evaluating,
prescribing, consulting, treating, instructing, and researching, which is related to
hearing, vestibular function, and the disorders of hearing, to related language and
speech disorders and to aberrant behavior related to hearing loss or vestibular
function, for the purpose of preventing and modifying disorders related to hearing
loss or vestibular function, and planning, directing, managing, conducting, and
participating in hearing conservation, evoked potentials evaluation, nonmedical
tinnitus evaluation or treatment, noise control, habilitation, and rehabilitation
programs, including hearing aid evaluation, assistive listening device evaluation,
prescription, preparation, and dispensing, and auditory training and lip reading.
"Audiology" means the prevention, diagnosis, and treatment of a disorder related to
hearing or vestibular function.
(b)
"Audiology" includes administering and interpreting electrophysiologic
measurements of neural function.
(5)
(6)
"Audiology aide"
"Audiology assistant"
means an individual who:
(a)
meets the minimum qualifications
established by the board for audiology aides.
Those qualifications shall be substantial but less than those established by this
chapter for licensing an audiologist
the division makes by rule in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(b)
does not act independently; and
(c)
works under the personal direction and direct supervision of a licensed audiologist
who accepts responsibility for the acts and performance of that audiology
aide
assistant
under this chapter.
(6)
"Board" means the Speech-language Pathology and Audiology Licensing Board
created under Section
58-41-6
.
(7)
"CCC" means the
certificate of clinical competence
Certificate of Clinical Competence

awarded by
the American Speech-Language-Hearing Association
ASHA
.
(8)
(a)
"Licensed individual" means an individual who is:
(i)
licensed under this chapter; or
(ii)
licensed in accordance with Chapter 41a, Audiology and Speech-language
Pathology Interstate Compact, if the license is not expired, suspended, or revoked.
(8)
"CFY" means the clinical fellowship year prescribed by ASHA.
(9)
"Disorder" means the condition of decreased, absent, or impaired
:

(a)
auditory, speech, voice, or language function
; or
(b)
ability to communicate or swallow
.
(10)
"Hearing instrument" means the same as that term is defined in Section
58-46a-102
.
(11)
"Hearing
aid
instrument
dealer" means
one
a person
who sells, repairs, and adjusts
hearing aids
a hearing instrument
.
(11)
"Licensed audiologist" means any individual to whom a license has been issued under
this chapter or
Chapter 41a, Audiology and Speech-language Pathology Interstate
Compact
, if the license is in force and has not been suspended or revoked.
(12)
"Licensed speech-language pathologist" means any individual licensed under this
chapter or
Chapter 41a, Audiology and Speech-language Pathology Interstate Compact
,
if the license is in force and has not been suspended or revoked.
(13)
"Person" means any individual, group, organization, partnership, or corporate body,
except that only an individual may be licensed under this chapter.
(14)
(12)
(a)
"Invasive procedure" means a procedure that the division determines by
rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
presents a high-risk to a patient and impacts the essential functions of
communication, breathing, feeding, or swallowing.
(b)
"Invasive procedure" includes:
(i)
endoscopy;
(ii)
fiberoptic endoscopic evaluation of swallowing;
(iii)
pharyngeal electrical stimulation; and
(iv)
tracheostomy management.
(13)
(a)
"Over-the-counter hearing aid" means an air-conduction hearing aid, as defined
in 21 C.F.R. Sec. 800.30(b), that is intended for use by a person that is at least 18
years old to compensate for mild to moderate hearing impairment.
(b)
"Over-the-counter hearing aid" includes a device that is available over-the-counter,
without the supervision, prescription, or other order, involvement, or intervention of a
licensed person, to consumers through in-person transactions, by mail, or online.
(c)
"Over-the-counter hearing aid" does not include a device that requires implantation
or other surgical intervention.
(14)
"Practice of audiology" means rendering or offering to render to
individuals, groups,
agencies, organizations, industries
an individual, a group, an agency, an organization, an
industry
, or the public
any performance or
a
service in audiology.
(15)
"Practice of speech-language pathology"
means rendering, prescribing, or offering to
render to individuals, groups, agencies, organizations, industries or the public any
service in speech-language pathology
means applying speech-language pathology to
identify, prevent, ameliorate, or modify a disorder of speech, voice, language, cognitive
communication, or swallowing
.
(16)
"Prescribe" means to:
(a)
determine, specify, and give the directions, procedures, or rules for
a person
an
individual
to follow in determining and ordering the preparation, delivery, and use of
specific mechanical, acoustic, or electronic aids to hearing or speech; and
(b)
determine or designate a remedy for
a person
an individual
.
(17)
"Prescription" means a written or oral order for the delivery or execution of that which
has been prescribed.
(18)
"Speech-language pathologist" means:
(a)
a person
an individual
who practices speech-language pathology or who
holds
himself out to
represents to
the public
as a speech-language pathologist
by
any
means, or by any
a
service or function the
person
individual
performs, directly or
indirectly, or by using the terms "speech-language pathologist," "speech-language
therapist," "language disability specialist," or
any
a
variation, derivation, synonym,
coinage, or
whatever expresses, employs, or implies
expression or implication of

these terms, names, or functions; or
(b)
a person
an individual
who performs
any of the functions
a function
described in
Subsection
(19)
or
any related functions
a related function
.
(19)
"Speech-language pathology" means the application of principles, methods, and
procedures for
the examination, measurement, prevention, testing, identification,
evaluation, diagnosis, treatment, instruction, modification, prescription, restoration,
counseling, habilitation, prediction, management, and research related to the
development and the disorders or disabilities of human communication, speech, voice,
language, cognitive communication, or oral, pharyngeal, or laryngeal sensorimotor
competencies, for the purpose of identifying, evaluating, diagnosing, prescribing,
preventing, managing, correcting, ameliorating, or modifying those disorders and their
effects in individuals or groups of individuals
the measuring, testing, evaluating,
predicting, counseling, treating, instructing, habilitating, or rehabilitating for speech,
voice, language, communication, cognitive-communication, or the ability to swallow
.
(20)
"Speech-language pathology aide"
"Speech-language pathology assistant"
means an
individual who:
(a)
meets the minimum qualifications
established by the board for speech-language
pathology aides. Those qualifications shall be substantial but less than those
established by this chapter for licensing a speech-language pathologist
the division
makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
;
(b)
does not act independently; and
(c)
works under the personal direction and direct supervision of a licensed
speech-language pathologist who accepts the responsibility for the acts and
performances of that speech-language pathology
aide
assistant
while working under
this chapter.
(21)
"Treatment" means
the services of a speech-language pathologist or audiologist to
examine, diagnose, correct, or ameliorate
the examination, diagnosis, correction, or
amelioration of a
speech or hearing
disorders, abnormalities
disorder, abnormality
,
or

behavior
, or their effects
.
(22)
"Unprofessional conduct"
as defined in
means the same as that term is defined in

Section
58-1-501
and as
may be further defined by rule includes:
the division may
further define by rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
(a)
failing to maintain a level of professional practice consistent with all initial and
subsequent requirements by which a license is achieved or maintained under this
chapter;
(b)
utilizing substandard or inappropriate facilities or equipment;
(c)
treating any disorder for which the licensee has not had the necessary training and
experience; or
(d)
failing to comply with the requirements of Section
58-41-17
.
Section 10. Section
58-41-102
, which is renumbered from Section 58-41-13 is renumbered
and amended to read:
58-41-13
58-41-102
Effective
05/06/26
Repealed
07/01/29
. Fees.
The department shall set fees
in cooperation with the
board
and
in accordance with
Section
63J-1-504
and shall collect all fees.
Section 11. Section
58-41-103
, which is renumbered from Section 58-41-16 is renumbered
and amended to read:
58-41-16
58-41-103
Effective
05/06/26
Repealed
07/01/29
. Privileged
communication.
A person licensed under this chapter may not be examined or required to reveal any
findings, examinations, or representation made to the licensed person by the licensed person's
client, or any advice or treatment given to the client in the course of professional practice,
without the consent of the client or the client's representative.
(1)
A licensed individual may not be examined or required to reveal, without the consent of
the client or the client's representative:
(a)
a finding, an examination, or a representation made to the licensed individual by the
client;
(b)
advice the licensed individual provides to the client in the course of the practice of
audiology or the practice of speech-language pathology; or
(c)
treatment the licensed individual provides to the client in the course of the practice of
audiology or the practice of speech-language pathology.
(2)
A person employed by a person licensed under this chapter
An individual that a
licensed individual employs
may not be examined without the consent of the employer
concerning
any
a
fact of which the employee has acquired knowledge in the employee's
professional capacity.
Section 12. Section
58-41-201
, which is renumbered from Section 58-41-6 is renumbered
and amended to read:
2. Board
58-41-6
58-41-201
Effective
05/06/26
Repealed
07/01/29
. Board.
(1)
There is created the Speech-language Pathologist and Audiologist Licensing Board,
consisting of four speech-language pathologists or audiologists and one member of the
general public.
(a)
The nonpublic members of the board shall be licensed to provide and shall be
engaged in providing speech-language pathology or audiology services to the public
as a major interest as follows:
(i)
one member shall be in private practice as a primary professional interest and
activity or shall be a provider or speech-language pathology or audiology services
at large;
(ii)
one member shall be from a nonschool clinic setting which provides ongoing
speech-language pathology or audiology services;
(iii)
one member shall be a provider of speech-language pathology and audiology
services in the elementary or secondary schools; and
(iv)
one member shall be a provider of a speech-language pathology and audiology
college or university training program.
(b)
At no time may the board consist of more than two members who represent
speech-language pathology or more than two members who represent audiology.
(2)
The board shall be appointed and serve in accordance with Section
58-1-201
.
(3)
The duties and responsibilities of the board shall be in accordance with Sections
58-1-202
and
58-1-203
.
Section 13. Section
58-41-301
, which is renumbered from Section 58-41-5 is renumbered
and amended to read:
3. Licensure
58-41-5
58-41-301
Effective
05/06/26
Repealed
07/01/29
. Licensure
requirements.
(1)
To obtain and maintain a license as an audiologist beginning July 1, 2010, an applicant
must:
(a)
submit a completed application in the form and content prescribed by the division
and pay a fee to the department in accordance with Section
63J-1-504
;
(b)
provide the committee with verification that the applicant is the legal holder of a
clinical doctor's degree or AuD, in audiology, from an accredited university or
college, based on a program of studies primarily in the field of audiology;
(c)
be in compliance with the regulations of conduct and codes of ethics for the
profession of audiology;
(d)
submit to the board certified evidence of having completed at least one academic
year of professional experience, at least 30 hours per week, of direct clinical
experience in treatment and management of patients, supervised and attested to by
one holding an audiologist license under this chapter, the CCC, or their full
equivalent; and
(e)
pass a nationally standardized examination in audiology which is the same as or
equivalent to the examination required for the CCC and with pass-fail criteria
equivalent to current ASHA standards, and the board may require the applicant to
pass an acceptable practical demonstration of clinical skills to an examining
committee of licensed audiologists appointed by the board.
(1)
An individual may not engage in the practice of audiology or the practice of
speech-language pathology without being a licensed individual.
(2)
To obtain a license as an audiologist an applicant shall:
(a)
submit a completed application in a form the division approves;
(b)
pay a fee to the department in accordance with Section
63J-1-504
;
(c)
(i)
submit evidence of a current and unrestricted ASHA Certificate of Clinical
Competence, an ABA Certification, or an equivalent as the division approves by
rule the division makes in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act; or
(ii)
(A)
submit evidence that the applicant holds a clinical doctorate degree in
audiology from an accredited university or college;
(B)
comply with the regulations of conduct and the codes of ethics for the
profession of audiology;
(C)
submit evidence of having completed at least one academic year of
professional experience, consisting of at least 30 hours per week of direct
clinical experience in treatment and management of patients supervised and
attested to by a licensed audiologist or an audiologist certified by a national
organization as the division approves by rule made in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act; and
(D)
pass a nationally standardized examination in audiology that is the same as, or
equivalent to, the examination required for the CCC, with pass-fail criteria
equivalent to current ASHA standards.
(2)
To obtain and maintain a license as an audiologist prior to July 1, 2010, an applicant
shall:
(a)
comply with Subsections (1)(a), (c), (d), and (e); and
(b)
provide the committee with verification that the applicant has received at least a
master's degree in the area of audiology from an accredited university or college,
based on a program of studies primarily in the field of audiology, and holds the CCC
or its full equivalent.
(3)
(a)
An individual who,
prior to July 1, 2010
before May 6, 2026
, is licensed as an
audiologist under this chapter
is, on or after July 1, 2010
,
is
considered to hold a
current license under this chapter as an audiologist and is subject to this chapter.
(b)
Beginning on May 6, 2026, an individual who holds a credential issued by the State
Board of Education on or after July 1, 2020, and before May 6, 2026, and performs
the functions of a speech-language pathologist or audiologist, shall apply to the
division for licensure as a speech-language pathologist or audiologist and renew the
credential in accordance with Section
58-41-303
.
(4)
(a)
(i)
An audiology assistant shall meet the minimum qualifications the division
makes by rule in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act.
(ii)
The division shall make the minimum qualifications substantial but less than
those established by this chapter for licensure as an audiologist.
(b)
An audiology assistant shall work under the personal direction and direct supervision
of a licensed audiologist who accepts the responsibility for the acts and performances
of the audiology assistant.
(c)
An audiology assistant shall work within the audiology assistant scope of practice, as
the division defines by rule the division makes in accordance with Title 63G, Chapter
3, Utah Administrative Rulemaking Act.
(4)
(5)
To obtain
and maintain
a license as a speech-language pathologist
,
an applicant
must
shall
:
(a)
comply with Subsection (1)(a);
(a)
submit a completed application in a form the division approves;
(b)
pay a fee to the department in accordance with Section
63J-1-504
; and
(b)
(c)
(i)
submit evidence of a current and unrestricted ASHA Certificate of Clinical
Competence or an equivalent as the division approves by rule the division makes
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or
(ii)
(A)
provide the
committee
division
with verification that the applicant has
received at least a master's degree in speech-language pathology from an
accredited university or college, based on a program of studies primarily in the
field of speech-language pathology;
(c)
(B)
be in compliance
comply
with the regulations of conduct and code of
ethics for the profession of speech-language pathology;
(d)
(C)
comply with Subsection (1)(b), except that the supervision and
attestation requirement shall be from a licensed speech-language pathologist
rather than a licensed audiologist; and
submit to the division certified evidence
of having completed at least one academic year of professional experience,
consisting of at least 30 hours per week of direct clinical experience in
treatment and management of patients supervised and attested to by a licensed
speech-language pathologist, or a speech-language pathologist certified by the
CCC, or an equivalent organization as the division approves by rule made in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
and
(D)
pass a nationally standardized examination in speech-language pathology that
is the same as, or equivalent to, the examination required for the CCC, with
pass-fail criteria equivalent to current ASHA standards.
(e)
pass a nationally standardized examination in speech-language pathology which is
the same as or equivalent to the examination required for the CCC and with pass-fail
criteria equivalent to current ASHA standards, and the board may require the
applicant to pass an acceptable practical demonstration of clinical skills to an
examining committee of licensed speech-language pathologists appointed by the
board.
(6)
To perform an invasive procedure, a speech-language pathologist shall comply with the
standards the division makes by rule in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act.
Section 14. Section
58-41-302
, which is renumbered from Section 58-41-8 is renumbered
and amended to read:
58-41-8
58-41-302
Effective
05/06/26
Repealed
07/01/29
. Issuance of license.
Upon the recommendation of the board the division shall issue licenses in accordance
with Section
58-1-301
.
After the division reviews and approves the application, the division
shall issue a license in accordance with Section
58-1-301
.
Section 15. Section
58-41-303
, which is renumbered from Section 58-41-12 is renumbered
and amended to read:
58-41-12
58-41-303
Effective
05/06/26
Repealed
07/01/29
. Term of license --
Expiration -- Renewal.
(1)
(a)
Each license issued under this chapter shall be issued in accordance with a
two-year renewal cycle established by rule
the division makes in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
.
(b)
A renewal period may be extended or shortened
The division may extend or
shorten the renewal period
by as much as one year to maintain established renewal
cycles or to change an established renewal cycle.
(c)
The division shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to determine the first renewal period of an
individual described in Subsection
58-41-301(3)(b)
.
(2)
At the time of renewal the licensee shall show satisfactory evidence of completion of
scheduled graduate level professional training, related clinically to the profession of
speech-language pathology or audiology, as may be established by the division by rule,
in cooperation with the board.
At the time of renewal the licensee shall show
satisfactory evidence of:
(a)
completing 20 hours of continuing education that the division approves by rule made
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
within the preceding two-year renewal cycle, consistent with standards for
maintaining professional competency in audiology or speech-language pathology; or
(b)
possessing an active certification in good standing from a nationally recognized
professional organization that requires continuing education equivalent to or
exceeding 20 hours per two-year cycle.
(3)
Each license automatically expires on the expiration date shown on the
license unless
renewed by the licensee in accordance with Section
58-1-308
license
.
Section 16. Section
58-41-304
, which is renumbered from Section 58-41-5.5 is renumbered
and amended to read:
58-41-5.5
58-41-304
Effective
05/06/26
Repealed
07/01/29
. Temporary
licenses.
(1)
(a)
The division may issue a temporary license to an applicant for an audiology
license who:
(i)
has obtained a master's or doctorate degree in audiology prior to July 1, 2010, or
a clinical doctorate degree in audiology or AuD, after June 30, 2010; and
(ii)
is practicing audiology in a year of clinical fellowship.
(b)
The temporary license is valid for up to 12 months.
(2)
(a)
The division may issue a temporary license to an applicant for a
speech-language pathology license who:
(i)
has completed all requirements for licensure as a speech-language pathologist
under this chapter, except for Subsection
58-41-5(4)(d)
; and
(ii)
is practicing speech-language pathology in a year of clinical fellowship.
(b)
The temporary license is valid for up to 12 months.
(1)
The division may issue a temporary audiology license to an applicant who:
(a)
obtains a master's or doctorate degree in audiology before July 1, 2010, or obtains a
clinical doctorate degree in audiology after June 30, 2010; and
(b)
is practicing audiology for a year of clinical fellowship that the division approves.
(2)
The division may issue a temporary speech-language pathology license to an applicant
who:
(a)
completes all requirements for licensure as a speech-language pathologist, except for
Subsection
58-41-301(5)(c)(ii)(A)
; and
(b)
is practicing speech-language pathology for a year of clinical fellowship.
(3)
A temporary license is valid for up to 12 months from the day after the day on which the
division issues the temporary license.
Section 17. Section
58-41-305
, which is renumbered from Section 58-41-4 is renumbered
and amended to read:
58-41-4
58-41-305
Effective
05/06/26
Repealed
07/01/29
. Exemptions from
chapter.
(1)
In addition to the exemptions from licensure in Section
58-1-307
, the
The
following
persons may engage in the practice of
individuals may engage in the practice of
speech-language pathology
and
or the practice of
audiology subject to the stated
circumstances and limitations without being
licensed under this chapter
a licensed
individual
:
(a)
a qualified
person
individual
licensed in this state under
any
law existing in this
state
prior to
before
May 13, 1975, engaging in the profession for which the
person
individual
is licensed;
(b)
a medical doctor, physician, physician assistant, or surgeon licensed in this state,
engaging in his or her specialty in the practice of medicine
a physician or a
physician's assistant
;
(c)
a hearing aid
except as provided in Subsection
(2)
, a hearing instrument
dealer or
salesperson selling, fitting, adjusting, and repairing
hearing aids
a hearing instrument
,
and conducting hearing tests solely for that purpose
. However, a hearing aid dealer
may not conduct audiologic testing on persons younger than 18 years old except
under the direct supervision of an audiologist licensed under this chapter;
;
(d)
a person who has obtained a valid and current credential issued by the State Board of
Education while specifically performing the functions of a speech-language
pathologist or audiologist solely within the confines of, under the direction and
jurisdiction of, and in the academic interest of the school employing the person;
(e)
a person employed as a speech-language pathologist or audiologist by federal
government agencies or subdivisions or, prior to July 1, 1989, by state or local
government agencies or subdivisions, while specifically performing speech-language
pathology or audiology services solely within the confines of, under the direction and
jurisdiction of, and in the specific interest of the agency or subdivision;
an individual
that a federal government agency or subdivision or, before July 1, 1989, a state or
local government agency or subdivision, employs as a speech-language pathologist or
audiologist while performing a speech-language pathology or audiology service
within the confines of, under the direction and jurisdiction of, and in the specific
interest of the agency or subdivision;
(f)
a person
an individual
identified in Subsections
(1)(d)
and
(e)
may offer lectures for
a fee, or monetary or other
compensation
,
without being
licensed
a licensed
individual
;
(g)
a person employed by
an individual
an accredited college or university
employs
as
a speech-language pathologist or audiologist performing
the services or functions
described in
a service or function
this chapter
describes
if the
services or functions
are
individual provides the service or function
:
(i)
performed
solely as an assigned teaching function of the
person's
individual's

employment;
(ii)
solely in academic interest and pursuit as a function of the
person's
individual's

employment;
(iii)
in no way for the
person's
individual's
own interest; and
(iv)
provided
for no
fee, monetary or otherwise,
compensation
other than the
person's agreed
individual's
institutional salary;
(h)
a person
an individual
pursuing a course of study leading to a degree in
speech-language pathology or audiology while enrolled in an accredited college or
university, provided:
(i)
those activities constitute an assigned, directed, and supervised part of the
person's curricular
individual's
study, and in no other interest;
(ii)
that
all
examinations, tests, histories, charts, progress notes, reports,
correspondence, documents, and records the
person
individual
produces
be
identified clearly
are clearly identified
as having been conducted and prepared by
a student in training;
(iii)
that the
person
individual
is obviously identified and designated by appropriate
title clearly indicating the
person's
individual's
training status; and
(iv)
that the
person
individual
does not hold out directly or indirectly to the public or
otherwise represent that the
person
individual
is qualified to practice
independently;
(i)
a person
an individual
trained in elementary audiometry and qualified to perform
basic audiometric tests while employed by and under the direct supervision of a
licensed medical doctor to perform solely for the licensed medical doctor, the
elementary conventional audiometric tests of air conduction screening, air conduction
threshold testing, and tympanometry;
(j)
a person
an individual
performing the functions of a speech-language pathologist or
audiologist for the sole purpose of obtaining required professional experience under
the provisions of this chapter and only during the period the
person
individual
is
obtaining the required professional experience, if the
person:
individual meets the
training requirements;
(i)
meets all training requirements; and
(ii)
is professionally responsible to and under the supervision of a speech-language
pathologist or audiologist who holds the CCC or a state license in
speech-language pathology or audiology;
(k)
a corporation, partnership, trust, association, group practice, or similar organization
a person
engaging in speech-language pathology or audiology services without
certification or license, if acting only through
employees
an employee who is a
licensed individual
or consisting only of
persons who are licensed under this chapter
licensed individuals
;
(l)
a person
an individual
who is not a resident of this state performing
a
speech-language pathology or audiology
services
service
in this state if:
(i)
the
services are performed
individual performs the service
for no more than one
month in any calendar year in
association
connection
with a
licensed
speech-language pathologist or
a licensed
audiologist
licensed under this chapter
;
and
(ii)
the
person
individual
meets the qualifications and
examination
requirements for
application for licensure described in Section
58-41-5
58-41-301
;
(m)
a person
an individual
certified under
Title 53E, Public Education System -- State
Administration
, as a teacher of the deaf,
from providing the services or performing
the functions the person
providing a service or performing a function that the
individual
is certified to perform;
and
(n)
a person
an individual
who is:
(i)
trained in newborn hearing screening as
described in rules made by
the
Department of Health and Human Services
describes in rules made
in accordance
with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
; and
(ii)
working under the indirect supervision of a licensed audiologist responsible for a
newborn hearing screening program
established by
the Department of Health
and Human Services
makes
under Section
26B-4-319
.
; and
(o)
an individual who is exempt under Section
58-1-307
.
(2)
(a)
(i)
A hearing instrument specialist may not fit or test an individual's hearing aid,
or test the individual's hearing if the individual is less than 18 years old unless the
hearing instrument specialist receives a written statement that the individual's
hearing loss has received a medical evaluation and that the individual may be
considered a candidate for a hearing aid.
(ii)
A hearing instrument specialist may not fit or test an individual's hearing aid, or
test the individual's hearing if the individual is less than six years old.
(b)
The medical evaluation in Subsection
(2)(a)(i)
shall have taken place no more than
six months before the day on which the hearing instrument specialist fits or tests the
hearing aid or the hearing of the individual.
(c)
The written statement in Subsection
(2)(a)(i)
shall be signed by:
(i)
a physician or surgeon licensed under Title 58, Chapter 67, Utah Medical Practice
Act;
(ii)
an osteopathic physician licensed under Title 58, Chapter 68, Utah Osteopathic
Medical Practice Act;
(iii)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician
Assistant Act; or
(iv)
an audiologist licensed under this chapter.
(3)
No individual is exempt from this chapter if the individual performs or provides a
service as a speech-language pathologist or an audiologist:
(a)
for compensation that the recipient of the service pays; or
(b)
for compensation that is outside the scope of the individual's employment position as
a speech-language pathologist or an audiologist in a branch or subdivision of local,
state, or federal government, or as otherwise identified in this section.
(4)
The State Board of Education may not issue a credential to a person performing the
functions of a speech-language pathologist or audiologist on or after May 6, 2026.
(2)
No person is exempt from the requirements of this chapter who performs or provides
any services as a speech-language pathologist or audiologist for which a fee, salary,
bonus, gratuity, or compensation of any kind paid by the recipient of the service; or who
engages any part of his professional work for a fee practicing in conjunction with, by
permission of, or apart from his position of employment as speech-language pathologist
or audiologist in any branch or subdivision of local, state, or federal government or as
otherwise identified in this section.
Section 18. Section
58-41-306
, which is renumbered from Section 58-41-17 is renumbered
and amended to read:
58-41-17
58-41-306
Effective
05/06/26
Repealed
07/01/29
. Requirements for
selling a hearing instrument.
(1)
As used in this section:
(a)
"Hearing aid" means a wearable instrument or device designed or offered for the
purpose of aiding or compensating for human hearing loss, including its parts,
attachments, or accessories.
(b)
"Hearing aid" does not include a device that is surgically implanted in the cochlea or
under the skin near the ear.
(2)
(1)
A person licensed under this chapter who
A person that
offers to sell a hearing
aid
instrument
to a consumer shall inform the consumer about
hearing aids
hearing
instruments
that work with assistive listening systems that are compliant with the ADA
Standards for Accessible Design adopted by the United States Department of Justice in
accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.
(3)
(2)
A person licensed under this chapter who
A person that
sells a
hearing aid
hearing instrument
to a consumer shall provide a written receipt or written contract to
the consumer that provides the consumer with a 30-day right to cancel the purchase and
to obtain a refund if the consumer returns
the hearing aid
a hearing instrument
to the
seller in the same condition as when purchased, excluding ordinary wear and tear.
(4)
(3)
The written receipt or contract shall notify the consumer of the 30-day right to
cancel in at least 12-point font.
(5)
(4)
The 30-day right to cancel
period
shall commence from the
date
later of the day
after the day on which:

(a)
the
hearing aid
hearing instrument
is originally delivered to the consumer
or
;

(b)
the date the written receipt
the written receipt is dated;
or
(c)
the
contract is delivered to the consumer
, whichever is later
.
(5)
The 30-day right to cancel period is paused while the hearing instrument dealer
possesses or controls the hearing instrument after the hearing instrument's original
delivery.
(6)
The 30-day period shall be tolled for any period during which the hearing aid seller,
dealer, or fitter has possession or control of the hearing aid after its original delivery.
(7)
(6)
Upon exercise of the 30-day right to cancel a
hearing aid
hearing instrument

purchase, the seller of the
hearing aid is entitled to
hearing instrument may collect from
the purchaser
a cancellation fee equal to the actual cost
that will be incurred by the
seller in order to return the hearing aid
the seller incurs returning the hearing instrument

to the manufacturer,
provided that
if
the written receipt or contract states the exact
amount that
will be retained by
the seller
will retain
as a cancellation fee.
Section 19. Section
58-41-307
, which is renumbered from Section 58-41-14 is renumbered
and amended to read:
58-41-14
58-41-307
Effective
05/06/26
Repealed
07/01/29
. Single license for
speech-language pathologist and audiologist -- Single fee.
(1)
An applicant who qualifies to be licensed as both a speech-language pathologist
and audiologist shall receive a single license reflecting licensure in both classifications.
(2)
A fee may only be assessed for a single license
The division may assess a fee only for
a single license
.
Section 20. Section
58-41-401
, which is renumbered from Section 58-41-9 is renumbered
and amended to read:
4. License Denial and Discipline
58-41-9
58-41-401
Effective
05/06/26
Repealed
07/01/29
. Grounds for denial
of license -- Resumption of practice.
(1)
Grounds for refusal to issue a license to an applicant, for refusal to renew the license of
a licensee, to revoke, suspend, restrict, or place on probation the license of a licensee, to
issue a public or private reprimand to a licensee, and to issue cease and desist orders
shall be in accordance with Section
58-1-401
.
(2)
(1)
The division may:
(a)
refuse to issue a license to an applicant;
(b)
refuse to renew a license;
(c)
revoke, suspend, or restrict a license;
(d)
place a licensed individual on probation;
(e)
issue a public or private reprimand to a licensed individual; or
(f)
issue a cease and desist order.
(2)
After one year from the date of revocation of a license, application may be made to the
board for relicensing.
A licensed individual who has a license revoked may submit an
application for licensure to the division after one year from the day after the day on
which the division revoked the licensed individual's license.
(3)
The division shall perform an act listed in Subsection
(1)
in accordance with Section
58-1-401
.
Section 21. Section
58-41-501
is enacted to read:
5. Unlawful and Unprofessional Conduct - Penalties
58-41-501
Effective
05/06/26
. Unprofessional conduct.
A licensed individual engages in unprofessional conduct if the individual:
(1)
fails to make an appropriate referral to a qualified health care provider with respect to a
condition the licensed individual detects in a patient if the condition is generally
recognized in the profession as one the licensed individual should refer;
(2)
designates a hearing instrument for a patient whose hearing will not be sufficiently
improved to justify prescribing and selling the hearing instrument;
(3)
makes false, misleading, deceptive, fraudulent, or exaggerated claims with respect to the
practice of audiology or the practice of speech-language pathology;
(4)
fails to exercise caution in providing a patient a prognosis to ensure the patient is not led
to expect results that the individual cannot accurately predict;
(5)
fails to provide appropriate follow-up care and consultation with respect to a patient to
whom the individual prescribed and sold a hearing instrument after being informed by
the patient that the hearing instrument does not produce the results represented by the
licensed individual;
(6)
fails to disclose in writing to the patient the charge for all services and hearing
instruments prescribed and sold to a patient before providing the services or hearing
instrument;
(7)
fails to refund fees paid by a patient for a hearing instrument and all accessories, upon a
determination by the division that the patient has not obtained the recovery of hearing
the licensed individual represented in writing before sale of the hearing instrument;
(8)
pays a professional individual consideration for referral of a patient;
(9)
fails, when acting as a supervising speech-language pathologist or a supervising
audiologist, to provide supervision and training;
(10)
fails to describe in any advertisement, presentation, purchase, or trial agreement, the
circuitry of a hearing instrument as being either "digital" or "analog" or other acceptable
terms as the division determines by rule the division makes in accordance with Title
63G, Chapter 3, Utah Administrative Rulemaking Act;
(11)
fails to follow the guidelines or policies of the United States Federal Trade
Commission in any advertisement;
(12)
fails to adhere to the rules and regulations prescribed by the United States Food and
Drug Administration as pertaining to a hearing instrument;
(13)
fails to keep the equipment used in the practice of speech-language pathology and
audiology properly calibrated and in good working condition;
(14)
fails to comply with Section
58-41-306
;
(15)
fails to provide as part of each transaction between a licensed individual and a patient
related to testing for hearing loss and selling of a hearing instrument, written
documentation that includes:
(a)
identification of services and products provided to a patient and the charges for each
service or product; and
(b)
a statement whether any hearing instrument provided to a patient is "new," "used," or
"reconditioned" and the terms and conditions of any warranty or guarantee that
applies to each instrument;
(16)
before providing services or products to a patient, fails to:
(a)
advise the patient about the expected results of the services and products; or
(b)
obtain written informed consent from the patient regarding offered services,
products, and the expected results of the services and products in a form the division
approves;
(17)
fails to obtain the patient's informed consent and agreement to purchase the hearing
instrument before designating an appropriate hearing instrument;
(18)
if a hearing instrument does not substantially enhance the patient's hearing consistent
with the representations of the licensed individual at the time informed consent was
given before the sale and fitting of the hearing instrument, fails to provide:
(a)
necessary intervention to produce satisfactory hearing recovery results consistent
with representations made; or
(b)
for the refund of fees the patient paid for the hearing instrument to the licensed
individual within a reasonable time after finding that the hearing instrument does not
substantially enhance the patient's hearing;
(19)
fails to maintain a level of professional practice consistent with all initial and
subsequent requirements by which licensure is achieved or maintained under this
chapter;
(20)
utilizes substandard or inappropriate facilities or equipment; or
(21)
treats a disorder for which the licensed individual has not had the necessary training
and experience.
Section 22. Section
58-41-502
, which is renumbered from Section 58-41-15 is renumbered
and amended to read:
58-41-15
58-41-502
Effective
05/06/26
Repealed
07/01/29
. Violation of
chapter -- Penalties.
A person who violates any provision of this chapter is, upon conviction, guilty of a
class A misdemeanor. Whenever any person other than a licensed speech-language
pathologist or audiologist has engaged in any practice that constitutes an offense under this
chapter, a court of appropriate jurisdiction may issue an injunction or other appropriate order
restraining that conduct.
(1)
An individual who violates a provision of this chapter is guilty of a class A
misdemeanor.
(2)
If an individual other than a licensed individual engages in conduct that violates this
chapter, a court with jurisdiction may issue an injunction or other appropriate order to
restrain the conduct.
Section 23. Section
58-46a-102
is amended to read:
58-46a-102
Effective
05/06/26
Repealed
07/01/33
. Definitions.
In addition to the definitions in Section
58-1-102
, as
As
used in this chapter:
(1)
"Direct supervision" means
that
supervision where
the supervising
audiologist or
supervising
hearing instrument specialist is present in the same facility as is the
person
individual
being supervised and is available for immediate in person consultation.
(2)
"Hearing instrument" or "hearing aid" means any device designed or offered to be worn
on or by an individual to enhance human hearing, including the device's specialized
parts, attachments, or accessories.
(2)
(a)
"Hearing instrument" means a wearable device offered to compensate for human
hearing loss, including the device's parts, attachments, or accessories.
(b)
"Hearing instrument" includes an acoustic-air conduction amplification device that
the United States Food and Drug Administration regulates as hearing aids.
(c)
"Hearing instrument" does not include a device that is surgically implanted in the
cochlea or under the skin near the ear.
(3)
"Hearing instrument intern" means
a person licensed
an individual licensed
under this
chapter who is obtaining education and experience in the practice of a hearing
instrument specialist under the supervision of a supervising hearing instrument specialist

or supervising audiologist
.
(4)
"Hearing instrument specialist" means an individual who:
(a)
establishes a place of business to practice as a hearing instrument specialist;
(b)
tests the hearing of a human patient over five years old for the sole purpose of
determining whether the use of a hearing instrument will improve hearing loss
sufficiently to justify prescribing and selling the hearing instrument and whether that
hearing instrument will be in the best interest of the patient;
(c)
provides the patient a written statement of prognosis regarding the need for or
usefulness of a hearing instrument for the patient's condition;
(d)
prescribes an appropriate hearing instrument;
(e)
makes impressions or ear molds for the fitting of a hearing instrument;
(f)
sells and professionally places the hearing instrument on a patient;
(g)
evaluates the hearing loss overcome by the installation of the hearing instrument and
evaluates the hearing recovery against the representations the hearing instrument
specialist made to the patient;
(h)
intervenes to produce satisfactory hearing recovery results from a hearing
instrument; or
(i)
instructs the patient on the use and care of the hearing instrument.
(4)
(5)
"Indirect supervision" means
that
supervision where
the supervising hearing
instrument specialist
or supervising audiologist
is not required to be present in the same
facility as
is the person
the individual
being supervised, but is available for voice to
voice contact by telephone, radio, or other means at the initiation of the
person being
supervised
individual
.
(5)
"Practice of a hearing instrument specialist" means:
(a)
establishing a place of business to practice as a hearing instrument specialist;
(b)
testing the hearing of a human patient over the age of 17 for the sole purpose of
determining whether a hearing loss will be sufficiently improved by the use of a
hearing instrument to justify prescribing and selling the hearing instrument and
whether that hearing instrument will be in the best interest of the patient;
(c)
providing the patient a written statement of prognosis regarding the need for or
usefulness of a hearing instrument for the patient's condition;
(d)
prescribing an appropriate hearing instrument;
(e)
making impressions or earmolds for the fitting of a hearing instrument;
(f)
sale and professional placement of the hearing instrument on a patient;
(g)
evaluating the hearing loss overcome by the installation of the hearing instrument
and evaluating the hearing recovery against the representations made to the patient by
the hearing instrument specialist;
(h)
necessary intervention to produce satisfactory hearing recovery results from a
hearing instrument; or
(i)
instructing the patient on the use and care of the hearing instrument.
(6)
(a)
"Licensed individual" means an individual who is:
(i)
licensed under this chapter; or
(ii)
licensed under this chapter before May 6, 2026, if the license is not expired,
suspended, or revoked.
(b)
"Licensed individual" means the same as a licensed individual for purposes of
credentialing, paneling, insurance, reimbursement, portability, and compacts.
(7)
"Supervising audiologist" means an audiologist who:
(a)
holds a license and maintains good standing with the division;
(b)
practices full-time as an audiologist and has done so for at least two years; and
(c)
submits a request to the division on a form the division approves and receives
approval from the division to supervise a hearing instrument intern.
(6)
(8)
"Supervising hearing instrument specialist" means a hearing instrument specialist
who:
(a)
is licensed by and in good standing with the division;
(b)
has practiced full-time as a hearing instrument specialist for not less than two years;
and
(c)
is approved as a supervisor by the division.
(a)
holds a license issued in accordance with this chapter and maintains good standing
with the division;
(b)
practices full-time as a hearing instrument specialist and has done so for at least two
years; and
(c)
submits a request to the division on a form the division approves and receives
approval from the division to supervise a hearing instrument intern.
(7)
(9)
"Unlawful conduct" means the same as that term is defined in Section
58-1-501
.
(8)
(10)
"Unprofessional conduct" means the same as that term is defined in Sections
58-1-501
and
58-46a-501
.
Section 24. Section
58-46a-302
is amended to read:
58-46a-302
Effective
05/06/26
Repealed
07/01/33
. Qualifications for licensure.
(1)
Each applicant for licensure as a hearing instrument specialist shall:
(a)
submit to the division an application in a form prescribed by the division
submit an
application to the division on a form the division approves
;
(b)
pay a fee as determined by the division pursuant to Section
63J-1-504
pay a fee to
the division as determined under Section
63J-1-504
;
(c)
pass an appropriate entry-level examination the division approves by rule in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(d)
complete at least six months of training with a supervising hearing instrument
specialist or supervising audiologist;
(c)
have qualified for and currently hold board certification by the National Board for
Certification - Hearing Instrument Sciences, or an equivalent certification approved
by the division;
(d)
(e)
have passed
pass
the
Utah Law and Rules Examination for Hearing
Instrument Specialists
Utah Hearing Instrument Specialists Law and Rule
Examination
; and
(e)
(f)
if the applicant holds a hearing instrument intern license, surrender the hearing
instrument intern license at the time of licensure as a hearing instrument specialist.
(2)
Each applicant for licensure as a hearing instrument intern shall:
(a)
submit to the division an application in a form prescribed by the division
submit an
application to the division on a form the division approves
;
(b)
pay a fee as determined by the division pursuant to Section
63J-1-504
;
pay a fee to
the division as determined under Section
63J-1-504
;
(c)
have passed
pass
the Utah Law and Rules Examination for Hearing Instrument
Specialists; and
(d)
present evidence acceptable to the division that the applicant, when licensed, will
practice as a hearing instrument intern
only
under the supervision of a supervising
hearing instrument specialist
or supervising audiologist
in accordance with
:
Section
58-46a-302.5
.
(i)
Section
58-46a-302.5
; and
(ii)
the supervision requirements for obtaining board certification by the National
Board for Certification - Hearing Instrument Sciences, or an equivalent
certification approved by the division.
Section 25. Section
58-46a-302.5
is amended to read:
58-46a-302.5
Effective
05/06/26
Repealed
07/01/33
. Supervision requirements
-- Hearing instrument interns.
(1)
Except as provided in Subsection
(2)
, a hearing instrument intern may
only
practice as
a hearing instrument intern
only
under the direct supervision of a
licensed
supervising

hearing instrument specialist
or supervising audiologist
.
(2)
A hearing instrument intern may practice under the indirect supervision of a
licensed
supervising
hearing instrument specialist if the hearing instrument
specialist
intern
:
(a)
receives a passing score on a practical examination demonstrating acceptable skills in
the area of hearing testing
as approved by the division
the division requires
by rule
made in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
and
(b)
completes
the National Institute for Hearing instrument studies
an
education and
examination program
,
or an equivalent college level program
as approved by
that

the
division
division

approves
by rule made in accordance with
Title 63G, Chapter
3, Utah Administrative Rulemaking Act
.
Section 26. Section
58-46a-303
is amended to read:
58-46a-303
Effective
05/06/26
Repealed
07/01/33
. Term of license --
Expiration -- Renewal of specialist and intern licenses.
(1)
(a)
(i)
The division shall issue a license for a hearing instrument specialist in
accordance with a two-year renewal cycle established by rule made in accordance
with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
Each license
issued under this chapter shall be issued in accordance with a two-year renewal
cycle established by rule the division makes in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act
.
(ii)
The division may extend or shorten the renewal period by as much as one year to
maintain established renewal cycles or to change an established renewal cycle.
(ii)
The division may by rule made in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, extend or shorten a renewal period by as much as
one year to stagger the renewal cycles the division administers.
(b)
At the time of renewal, the licensed hearing instrument specialist shall demonstrate
satisfactory evidence of each of the following:
(i)
current certification by the National Board for Certification Hearing Instrument
Sciences, or other acceptable certification approved by the division by rule made
in accordance with
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
;
(ii)
calibration of all appropriate technical instruments used in practice; and
(iii)
completion of continuing professional education required in Section
58-46a-304
.
(c)
(b)
As a condition for renewal or reinstatement of licensure, the applicant shall
attest that the applicant will:
(i)
maintain competence and safe practices; and
(ii)
provide evidence as the division determines by rule in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, documenting competence at the
division's request.
(c)
A hearing instrument specialist license automatically expires on the expiration date
shown on the
license unless renewed by the licensee in accordance with Section
58-1-308
or surrendered in accordance with Section
58-1-306
license
.
(2)
(a)
The division shall issue a license for a hearing instrument intern for a term of
three years.
(b)
The division may renew a license for a hearing instrument intern for a term of three
years for good cause shown, as determined by rule made in accordance with
Title
63G, Chapter 3, Utah Administrative Rulemaking Act
.
Section 27. Section
58-46a-305
is amended to read:
58-46a-305
Effective
05/06/26
Repealed
07/01/33
. Exemptions from licensure.
In addition to the exemptions
from licensure
in Section
58-1-307
, the following
persons
individuals
may engage in
acts and practices
an act or practice
included within the
definition of
practice as a
hearing instrument specialist or hearing instrument intern
, subject
to their professional licensure authorization and restrictions,
without being licensed under this
chapter:
(1)
an audiologist licensed under the provisions of
Chapter 41, Speech-Language Pathology
and Audiology Licensing Act
;
(2)
a physician and surgeon licensed under the provisions of
Chapter 67, Utah Medical
Practice Act
, or osteopathic physician licensed under the provisions of
Chapter 68, Utah
Osteopathic Medical Practice Act
; and
(3)
a physician assistant licensed under the provisions of
Chapter 70a, Utah Physician
Assistant Act
.
Section 28. Section
58-46a-401
is amended to read:
58-46a-401
Effective
05/06/26
Repealed
07/01/33
. Grounds for denial of
license -- Disciplinary proceedings.
Grounds for refusing to issue a license to an applicant, for refusing to renew the license
of a licensee, for revoking, suspending, restricting, or placing on probation the license of a
licensee, for issuing a public or private reprimand to a licensee, and for issuing a cease and
desist order shall be in accordance with Section
58-1-401
.
(1)
The division may:
(a)
refuse to issue a license to an applicant;
(b)
refuse to renew a license;
(c)
revoke, suspend, or restrict a license;
(d)
place a licensed individual on probation;
(e)
issue a public or private reprimand to a licensed individual; or
(f)
issue a cease and desist order.
(2)
The division shall perform an act listed in Subsection
(1)
in accordance with Section
58-1-401
.
Section 29. Section
58-46a-501
is amended to read:
58-46a-501
Effective
05/06/26
Repealed
07/01/33
. Unprofessional conduct.
"Unprofessional conduct" includes:
(1)
testing the hearing of a patient for any purpose other than to determine whether a
hearing loss will be improved by
the use of
using
a hearing instrument;
(2)
failing to make an appropriate referral to a qualified health care provider with respect to
a condition
detected
a licensed individual detects
in a patient
examined by a licensee
under this chapter
if the condition is generally recognized in the profession as one
that
should be referred
the licensed individual should refer
;
(3)
designating a hearing instrument for a patient whose hearing will not be sufficiently
improved to justify prescribing and selling
of
the hearing instrument;
(4)
making false, misleading, deceptive, fraudulent, or exaggerated claims with respect to
practice under this chapter and specifically with respect to the benefits of a hearing
instrument or the degree to which a hearing instrument will benefit a patient;
(5)
failing to exercise caution in providing a patient a prognosis to assure the patient is not
led to expect results that cannot be accurately predicted;
(6)
failing to provide appropriate follow-up care and consultation with respect to a patient
to whom a hearing instrument has been prescribed and sold upon being informed by the
patient that the hearing instrument does not produce the results
represented by the
licensee
the licensed individual represented
;
(7)
failing to disclose in writing to the patient the charge for all services and hearing
instruments prescribed and sold to a patient
prior to
before
providing the services or
hearing instrument;
(8)
failing to refund fees paid by a patient for a hearing instrument and all accessories, upon
a determination by the division that the patient has not obtained the recovery of hearing
represented by the licensee
the licensed individual represented
in writing
prior to
designation and
before the
sale of the hearing instrument;
(9)
paying
any
a
professional
person
individual
any consideration of any kind for referral
of a patient;
(10)
failing, when acting as a supervising hearing instrument specialist
or supervising
audiologist
, to provide supervision and training in hearing instrument sciences in
accordance with Section
58-46a-302.5
;
(11)
engaging in the practice as a hearing instrument intern when not under the supervision
of a supervising hearing instrument specialist
or supervising audiologist
in accordance
with Section
58-46a-302.5
;
(12)
failing to describe
the circuitry
in any advertisement, presentation, purchase, or trial
agreement
, the circuitry of a hearing instrument
as being either "digital" or "analog"
;
or
other acceptable terms
as determined by the division
the division determines
;
(13)
failing to follow the guidelines or policies of the United States Federal Trade
Commission in any advertisement;
(14)
failing to adhere to the rules and regulations prescribed by the United States Food and
Drug Administration as
they
the rules and regulations
pertain to the hearing instrument
specialist;
(15)
failing to maintain all equipment used in the practice of a hearing instrument specialist
properly calibrated and in good working condition;
and
(16)
failing to comply with any of the requirements set forth in Section
58-46a-502
or
58-46a-503
.
;
(17)
fitting or testing an individual's hearing aid, or testing an individual's hearing if the
individual is less than 18 years old unless the hearing instrument specialist receives a
written statement that the individual's hearing loss has received a medical evaluation and
that the individual may be considered a candidate for a hearing aid; and
(18)
fitting or testing an individual's hearing aid, or testing an individual's hearing if the
individual is less than six years old.
Section 30. Section
58-46a-502
is amended to read:
58-46a-502
Effective
05/06/26
Repealed
07/01/33
. Additional requirements
for practicing as a hearing instrument specialist.
A person
An individual
engaging in the practice of a hearing instrument specialist shall:
(1)
have a regular place or places of business from which the
person
individual
conducts
business as a hearing instrument specialist and the place or places of business shall be
represented to a patient and others with whom business is conducted by the street
address at which the place of business is located;
(2)
include in all advertising or other representation the street address at which the business
is located and the telephone number of the business at that street address;
(3)
provide as part of each transaction between a
licensee
licensed individual
and a patient
related to testing for hearing loss and selling of a hearing instrument written
documentation provided to the patient that includes:
(a)
identification of
all services and products
a service or a product
provided to the
patient by the hearing instrument specialist and the charges for each service or
product;
(b)
a statement whether
any
a
hearing instrument provided to a patient is "new," "used,"
or "reconditioned" and the terms and conditions of any warranty or guarantee that
applies to each instrument; and
(c)
the identity and license number of each hearing instrument specialist or hearing
instrument intern who provided services or products to the patient;
(4)
before providing services or products to a patient:
(a)
advise the patient regarding services and products offered to the patient, including
the expected results of the services and products;
(b)
inform each patient who is being offered a hearing instrument about hearing
instruments that work with assistive listening systems that are compliant with the
ADA Standards for Accessible Design adopted by the United States Department of
Justice in accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101
et seq.; and
(c)
obtain written informed consent from the patient regarding offered services,
products, and the expected results of the services and products in a form
approved
by the division
the division approves
;
(5)
refer all individuals under the age of 18 who seek testing of hearing to a physician or
surgeon, osteopathic physician, physician assistant, or audiologist, licensed under the
provisions of this title, and shall dispense a hearing aid
to that individual only on
prescription of a physician or surgeon, osteopathic physician, physician assistant, or
audiologist;
(6)
(5)
obtain the patient's informed consent and agreement to purchase the hearing
instrument based on that informed consent either by the hearing instrument specialist or
the hearing instrument intern, before designating an appropriate hearing instrument; and
(7)
(6)
if a hearing instrument does not substantially enhance the patient's hearing
consistent with the representations of the hearing instrument specialist at the time
informed consent was given
prior to
before
the sale and fitting of the hearing
instrument, provide:
(a)
necessary intervention to produce satisfactory hearing recovery results consistent
with representations made; or
(b)
for the refund of fees paid by the patient for the hearing instrument to the hearing
instrument specialist within a reasonable time after finding that the hearing
instrument does not substantially enhance the patient's hearing.
Section 31. Section
58-46a-503
is amended to read:
58-46a-503
Effective
05/06/26
Repealed
07/01/33
. Testing period for a hearing
instrument.
(1)
(a)
Any person licensed under this chapter who sells a hearing aid
A person that sells
a hearing instrument
to a consumer shall provide a written receipt or
a
written
contract to the consumer.
(b)
The written receipt or
the written
contract shall provide the consumer with a 30-day
right to cancel the purchase if
the consumer finds that the hearing aid
the hearing
instrument
does not function adequately for the consumer
and to
.

(c)
obtain
A person that sells a hearing instrument shall provide
a refund
to the
consumer
if the consumer returns the
hearing aid
hearing instrument
to the
seller
person
in the same condition
as when purchased
,
excluding
ordinary wear and tear
excluded, as when purchased
within the 30-day right to cancel described in
Subsection
(1)(b)
.
(d)
The written receipt or
the written
contract shall notify the consumer of the 30-day
right to cancel in at least
10
12
point
type
font
.
(e)
The 30-day right to cancel
period
shall commence from
either
the later of the day on
which:
(i)
the date the hearing aid
the hearing instrument
is originally delivered to the
consumer
or
;

(ii)
the date
the written receipt
is dated;
or
(iii)
the
contract is delivered to the consumer
, whichever is later
.
(f)
The 30-day period shall be tolled for any period during which the hearing aid seller,
dealer, or fitter has possession or control of the hearing aid after its original delivery
The 30-day period is paused while the hearing instrument specialist possesses or
controls the hearing instrument after the hearing instrument's original delivery
.
(2)
(a)
Upon exercise of the right to cancel a
hearing aid
hearing instrument
purchase,
the
seller of the hearing aid is entitled to a
hearing instrument specialist may collect
from the purchaser a
cancellation fee
not to exceed
of up to
15% of all fees charged
to the consumer, including testing, fitting, counseling, and the purchase price of the
hearing aid
hearing instrument
.
(b)
The exact amount of the cancellation fee shall be stated in the
The
written receipt
or
the written
contract provided to the consumer
shall state the exact amount of the
cancellation fee
.
Section 32. Section
63I-2-253
is amended to read:
63I-2-253
Effective
05/06/26
. Repeal dates: Titles 53 through 53G.
(1)
Title
53, Chapter 2c
, COVID-19 Health and Economic Response Act, is repealed July 1,
2026.
(2)
Section
53-22-104.1
, School Security Task Force -- Membership -- Duties -- Per diem --
Report -- Expiration, is repealed December 31, 2025.
(3)
Section
53-22-104.2
, The School Security Task Force -- Education Advisory Board, is
repealed December 31, 2025.
(4)
Section
53-25-103
, Airport dangerous weapon possession reporting requirements, is
repealed December 31, 2031.
(5)
Subsection
53-25-602(4)(b)
, regarding the rights of a peace officer placed onto a
prosecution agency's Brady identification system before May 7, 2025, is repealed
December 1, 2025.
(6)
Subsection
53-29-302(2)(b)(ii)
, regarding the requirement for the Department of
Corrections to submit the results of risk assessments for sex offenders to the State
Commission on Criminal and Juvenile Justice, is repealed January 1, 2030.
(7)
Subsection
53E-3-501(7)(e)(ii)
, regarding a report on the packet method, is repealed
July 1, 2028.
(8)
Subsection
53E-6-102(3)(c)(ii)
, regarding a credential from the State Board of
Education, is repealed July 1, 2031.
(9)
Subsection
53E-6-702(1)(b)(ii)(B)
, regarding a credential from the State Board of
Education, is repealed July 1, 2031.
(10)
Subsection
53F-2-310(1)(b)(i)(B)
, regarding a credential from the State Board of
Education, is repealed July 1, 2031.
(11)
Subsections
53F-2-405(1)(a)(ii)(B)
and
(1)(a)(ii)(H)
, regarding a position as a speech
pathologist or as an audiologist, are repealed July 1, 2031.
(8)
(12)
Subsection
53F-2-504(6)
, regarding a report on the Salary Supplement for Highly
Needed Educators, is repealed July 1, 2026.
(13)
Subsection
53F-5-217(1)(b)(ii)(B)
, regarding a credential from the State Board of
Education, is repealed July 1, 2031.
(9)
(14)
Section
53F-5-221
, Management of energy and water use pilot program, is
repealed July 1, 2028.
(10)
(15)
Section
53F-5-222
, Mentoring and Supporting Teacher Excellence and
Refinement Pilot Program, is repealed July 1, 2028.
(11)
(16)
Section
53F-5-223
, Stipends for Future Educators Grant Program, is repealed
July 1, 2028.
(17)
Subsection
53G
-11-501(7), regarding a credential from the State Board of Education,
is repealed July 1, 2031.
(12)
(18)
Subsection
53G-11-502(1)
, regarding implementation of the educator evaluation
process, is repealed July 1, 2029.
(13)
(19)
Section
53G-11-506
, Establishment of educator evaluation program -- Joint
committee, is repealed July 1, 2029.
(14)
(20)
Section
53G-11-507
, Components of educator evaluation program, is repealed
July 1, 2029.
(15)
(21)
Section
53G-11-508
, Summative evaluation timelines -- Review of summative
evaluations, is repealed July 1, 2029.
(16)
(22)
Section
53G-11-509
, Mentor for provisional educator, is repealed July 1, 2029.
(17)
(23)
Section
53G-11-510
, State board to describe a framework for the evaluation of
educators, is repealed July 1, 2029.
(18)
(24)
Section
53G-11-511
, Rulemaking for privacy protection, is repealed July 1, 2029.
(19)
(25)
Subsection
53G-11-520(1)
, regarding optional alternative educator evaluation
processes, is repealed July 1, 2029.
(20)
(26)
Subsection
53G-11-520(2)
, regarding an exception from educator evaluation
process requirements, is repealed July 1, 2029.
Section 33. Section
63I-2-258
is amended to read:
63I-2-258
Effective
05/06/26
. Repeal dates: Title 58.
Reserved.
(1)
Section
58-41-201
, regarding the board, is repealed July 1, 2028.
(2)
Subsection
58-41-305(1)(d)
, regarding the State Board of Education issuing a person a
credential, is repealed July 1, 2031.
Section 34. Section
76-3-203.2
is amended to read:
76-3-203.2
Effective
05/06/26
. Definitions -- Use of dangerous weapon in
offenses committed on or about school premises -- Enhanced penalties.
(1)
(a)
As used in this section "on or about school premises" means:
(i)
(A)
in a public or private elementary or secondary school; or
(B)
on the grounds of any of those schools;
(ii)
(A)
in a public or private institution of higher education; or
(B)
on the grounds of a public or private institution of higher education;
(iii)
within 1,000 feet of any school, institution, or grounds included in Subsections
(1)(a)(i)
and
(ii)
; and
(iv)
in or on the grounds of a preschool or child care facility.
(b)
As used in this section:
(i)
"Dangerous weapon"
has the same definition as
means the same as that term is
defined
in Section
76-1-101.5
.
(ii)
"Educator" means a person who is:
(A)
employed by a public school district; and
(B)
required to hold a certificate issued by the State Board of Education
or, for an
audiologist or a speech language pathologist, an individual who an LEA
employs and holds a credential from the Division of Professional Licensing in
accordance with Title 58, Chapter 41, Speech-Language Pathology and
Audiology Certification Act,
in order to perform duties of employment.
(iii)
"Within the course of employment" means that an educator is providing services
or engaging in conduct required by the educator's employer to perform the duties
of employment.
(2)
A person who, on or about school premises, commits an offense and uses or threatens to
use a dangerous weapon, as defined in Section
76-1-101.5
, in the commission of the
offense is subject to an enhanced degree of offense as provided in Subsection
(4)
.
(3)
(a)
A person who commits an offense against an educator when the educator is acting
within the course of employment is subject to an enhanced degree of offense as
provided in Subsection
(4)
.
(b)
As used in Subsection
(3)(a)
, "offense" means:
(i)
an offense under
Chapter 5, Offenses Against the Individual
; and
(ii)
an offense under
Chapter 6, Part 3, Robbery
.
(4)
If the trier of fact finds beyond a reasonable doubt that the defendant, while on or about
school premises, commits an offense and in the commission of the offense uses or
threatens to use a dangerous weapon, or that the defendant committed an offense against
an educator when the educator was acting within the course of the educator's
employment, the enhanced penalty for a:
(a)
class B misdemeanor is a class A misdemeanor;
(b)
class A misdemeanor is a third degree felony;
(c)
third degree felony is a second degree felony; or
(d)
second degree felony is a first degree felony.
(5)
The enhanced penalty for a first degree felony offense of a convicted person:
(a)
is imprisonment for a term of not less than five years and which may be for life, and
imposition or execution of the sentence may not be suspended unless the court finds
that the interests of justice would be best served and states the specific circumstances
justifying the disposition on the record; and
(b)
is subject also to the dangerous weapon enhancement provided in Section
76-3-203.8
,
except for an offense committed under Subsection
(3)
that does not involve a firearm.
(6)
The prosecuting attorney, or grand jury if an indictment is returned, shall provide notice
upon the information or indictment that the defendant is subject to the enhanced degree
of offense or penalty under Subsection
(4)
or
(5)
.
(7)
In cases where an offense is enhanced under Subsection
(4)
, or under Subsection
(5)(a)

for an offense committed under Subsection
(2)
that does not involve a firearm, the
convicted person is not subject to the dangerous weapon enhancement in Section
76-3-203.8
.
(8)
The sentencing enhancement described in this section does not apply if:
(a)
the offense for which the person is being sentenced is:
(i)
a grievous sexual offense;
(ii)
child kidnapping under Section
76-5-301.1
;
(iii)
aggravated kidnapping under Section
76-5-302
; or
(iv)
forcible sexual abuse under Section
76-5-404
; and
(b)
applying the sentencing enhancement provided for in this section would result in a
lower maximum penalty than the penalty provided for under the section that
describes the offense for which the person is being sentenced.
Section 35.
Repealer.
Title of chapter.
Scope of licenses -- Practicing without license prohibited.
Title.
Continuing professional education.
Section 36.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-5-26 7:51 PM