AGO 81-017.

Case DateFebruary 26, 1981
CourtNorth Dakota
North Dakota Attorney General Opinions 1981. AGO 81-017. OPINION 81-17Date Issued: February 26, 1981 (AGO 81-17) Requested by: State Board of Examiners of Audiology and Speech Pathology- QUESTIONS PRESENTED - Whether persons who are not licensed can legally conduct hearing screening tests in public schools without supervision by a licensed audiologist. Whether a speech/language pathologist can provide services in a federally funded "Head Start" education program without possessing a speech pathology license from the State Board of Examiners of Audiology and Speech Pathology.- ATTORNEY GENERAL'S OPINION - It is my opinion that unlicensed persons may not lawfully conduct hearing screening testing in public schools with or without the supervision of a licensed audiologist under chapter 43-37 of the North Dakota Century Code. It is my further opinion that speech pathologists employed by a Head Start Program must either hold a valid and current credential as a speech specialist, issued by the Department of Public Instruction, or they must have a state license as required under section 43-37-03 of the North Dakota Century Code. - ANALYSIS - I. Section 43-37-03, N.D.C.C., states, in part: "No person shall practice or represent himself as an audiologist or speech pathologist in this state unless he is licensed in accordance with the current provisions of this chapter." This section then goes on to enumerate various exceptions to this licensing requirement. However, none of the exceptions relate to unlicensed persons who volunteer to administer hearing screening tests. Since such persons are not expressly exempted from the licensing requirement, they cannot practice "audiology" or represent themselves as "audiologists." Audiologists and audiology are defined in sections 43-37-02(3) and (4), N.D.C.C., respectively as follows:
"Audiologist" means an individual who practices audiology and who presents himself to the public by any title or description of services incorporating the words audiologist, hearing clinician, hearing therapist, or any similar title or description of service. . . .
"Audiology" means the application of principles, methods, and procedures of measurement, testing, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals or groups of individuals.
Any person conducting...

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