This document includes House Committee Amendments incorporated into the bill on Fri, Jan 27, 2017 at 12:53 PM by jeyring.
1     
DEAF AND HARD OF HEARING AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Peter C. Knudson

6     

7     LONG TITLE
8     General Description:
9          This bill modifies terminology throughout the Utah Code related to individuals who are
10     deaf or hard of hearing.
11     Highlighted Provisions:
12          This bill:
13          ▸     changes "hearing impairment" to "deaf or hard of hearing" throughout the Utah
14     Code; and
15          ▸     makes "deaf or hard of hearing" and "hearing loss" consistent throughout the Utah
16     Code.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          34A-2-501, as renumbered and amended by Laws of Utah 1997, Chapter 375
24          34A-2-504, as renumbered and amended by Laws of Utah 1997, Chapter 375
25          53A-1a-704, as last amended by Laws of Utah 2015, Chapter 374
26          53A-25b-102, as enacted by Laws of Utah 2009, Chapter 294
27          53A-25b-307, as enacted by Laws of Utah 2009, Chapter 294

28          53B-6-104, as last amended by Laws of Utah 2016, Chapter 144
29          54-8b-10, as last amended by Laws of Utah 2016, Chapter 271
30          58-41-2, as last amended by Laws of Utah 1998, Chapter 249
31          58-41-17, as last amended by Laws of Utah 2015, Chapter 252
32          58-46a-102, as enacted by Laws of Utah 1994, Chapter 28
33          62A-5-101, as last amended by Laws of Utah 2016, Chapter 300
34          77-7-6, as last amended by Laws of Utah 2008, Chapter 3
35          78B-1-201, as renumbered and amended by Laws of Utah 2008, Chapter 3
36          78B-1-202, as renumbered and amended by Laws of Utah 2008, Chapter 3
37          78B-1-203, as last amended by Laws of Utah 2016, Chapter 271
38          78B-1-205, as renumbered and amended by Laws of Utah 2008, Chapter 3
39          78B-1-206, as last amended by Laws of Utah 2016, Chapter 271
40          78B-1-209, as renumbered and amended by Laws of Utah 2008, Chapter 3
41          78B-1-210, as renumbered and amended by Laws of Utah 2008, Chapter 3
42          78B-1-211, as renumbered and amended by Laws of Utah 2008, Chapter 3
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 34A-2-501 is amended to read:
46          34A-2-501. Definitions.
47          (1) "Harmful industrial noise" means:
48          (a) sound that results in acoustic trauma such as sudden instantaneous temporary noise
49     or impulsive or impact noise exceeding 140 dB peak sound pressure levels; or
50          (b) the sound emanating from equipment and machines during employment exceeding
51     the following permissible sound levels, dBA slow response, and corresponding durations per
52     day, in hours:
53      Sound levelDuration
54      908
55      926
56      954
57      973
58      1002
59      1021.5
60      1051.0
61      1100.5
62      1150.25 or less
63          (2) "Loss of hearing" means binaural hearing loss measured in decibels with
64     frequencies of 500, 1,000, 2,000, and 3,000 cycles per second (Hertz). If the average decibel
65     loss at 500, 1,000, 2,000, and 3,000 cycles per second (Hertz) is 25 decibels or less, usually no
66     [hearing impairment] loss of hearing exists.
67          Section 2. Section 34A-2-504 is amended to read:
68          34A-2-504. Hearing loss -- Extent of employer's liability.
69          (1) An employer is liable only for the hearing loss of an employee that arises out of and
70     in the course of the employee's employment for that employer.
71          (2) If previous occupational hearing loss or nonoccupational hearing [impairment] loss
72     is established by competent evidence, the employer may not be liable for the prior hearing loss
73     so established, whether or not compensation has previously been paid or awarded. The
74     employer is liable only for the difference between the percentage of hearing loss presently
75     established and that percentage of prior hearing loss established by preemployment audiogram
76     or other competent evidence.
77          (3) The date for compensation for occupational hearing loss shall be determined by the
78     date of direct head injury or the last date when harmful industrial noise contributed
79     substantially in causing the hearing loss.
80          Section 3. Section 53A-1a-704 is amended to read:
81          53A-1a-704. Scholarship program created -- Qualifications.
82          (1) The Carson Smith Scholarship Program is created to award scholarships to students
83     with disabilities to attend a private school.
84          (2) To qualify for a scholarship:
85          (a) the student's custodial parent or legal guardian shall reside within Utah;
86          (b) the student shall have one or more of the following disabilities:
87          (i) an intellectual disability;

88          (ii) [a hearing impairment] deafness or being hard of hearing;
89          (iii) a speech or language impairment;
90          (iv) a visual impairment;
91          (v) a serious emotional disturbance;
92          (vi) an orthopedic impairment;
93          (vii) autism;
94          (viii) traumatic brain injury;
95          (ix) other health impairment;
96          (x) specific learning disabilities; or
97          (xi) a developmental delay, provided the student is at least three years of age, pursuant
98     to Subsection (2)(c), and is younger than eight years of age;
99          (c) the student shall be at least three years of age before September 2 of the year in
100     which admission to a private school is sought and under 19 years of age on the last day of the
101     school year as determined by the private school, or, if the individual has not graduated from
102     high school, will be under 22 years of age on the last day of the school year as determined by
103     the private school; and
104          (d) except as provided in Subsection (3), the student shall:
105          (i) be enrolled in a Utah public school in the school year prior to the school year the
106     student will be enrolled in a private school;
107          (ii) have an IEP; and
108          (iii) have obtained acceptance for admission to an eligible private school.
109          (3) The requirements of Subsection (2)(d) do not apply in the following circumstances:
110          (a) the student is enrolled or has obtained acceptance for admission to an eligible
111     private school that has previously served students with disabilities; and
112          (b) an assessment team is able to readily determine with reasonable certainty:
113          (i) that the student has a disability listed in Subsection (2)(b) and would qualify for
114     special education services, if enrolled in a public school; and
115          (ii) for the purpose of establishing the scholarship amount, the appropriate level of
116     special education services which should be provided to the student.
117          (4) (a) To receive a full-year scholarship under this part, a parent of a student shall
118     submit to the LEA where the student is enrolled an application on or before the August 15

119     immediately preceding the first day of the school year for which the student would receive the
120     scholarship.
121          (b) The board may waive the full-year scholarship deadline described in Subsection
122     (4)(a).
123          (c) An application for a scholarship shall contain an acknowledgment by the parent that
124     the selected school is qualified and capable of providing the level of special education services
125     required for the student.
126          (5) (a) The scholarship application form shall contain the following statement:
127          "I acknowledge that:
128          (1) A private school may not provide the same level of special education services that
129     are provided in a public school;
130          (2) I will assume full financial responsibility for the education of my scholarship
131     student if I accept this scholarship;
132          (3) Acceptance of this scholarship has the same effect as a parental refusal to consent
133     to services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20
134     U.S.C. Sec. 1400 et seq.; and
135          (4) My child may return to a public school at any time."
136          (b) Upon acceptance of the scholarship, the parent assumes full financial responsibility
137     for the education of the scholarship student.
138          (c) Acceptance of a scholarship has the same effect as a parental refusal to consent to
139     services pursuant to Section 614(a)(1) of the Individuals with Disabilities Education Act, 20
140     U.S.C. Sec. 1400 et seq.
141          (d) The creation of the scholarship program or granting of a scholarship does not:
142          (i) imply that a public school did not provide a free and appropriate public education
143     for a student; or
144          (ii) constitute a waiver or admission by the state.
145          (6) (a) A scholarship shall remain in force for three years.
146          (b) A scholarship shall be extended for an additional three years, if:
147          (i) the student is evaluated by an assessment team; and
148          (ii) the assessment team determines that the student would qualify for special education
149     services, if enrolled in a public school.

150          (c) The assessment team shall determine the appropriate level of special education
151     services which should be provided to the student for the purpose of setting the scholarship
152     amount.
153          (d) A scholarship shall be extended for successive three-year periods as provided in
154     Subsections (6)(a) and (b):
155          (i) until the student graduates from high school; or
156          (ii) if the student does not graduate from high school, until the student is age 22.
157          (7) A student's parent, at any time, may remove the student from a private school and
158     place the student in another eligible private school and retain the scholarship.
159          (8) A scholarship student may not participate in a dual enrollment program pursuant to
160     Section 53A-11-102.5.
161          (9) The parents or guardians of a scholarship student have the authority to choose the
162     private school that will best serve the interests and educational needs of that student, which
163     may be a sectarian or nonsectarian school, and to direct the scholarship resources available for
164     that student solely as a result of their genuine and independent private choices.
165          (10) (a) An LEA shall notify in writing the parents or guardians of students enrolled in
166     the LEA who have an IEP of the availability of a scholarship to attend a private school through
167     the Carson Smith Scholarship Program.
168          (b) The notice described under Subsection (10)(a) shall:
169          (i) be provided no later than 30 days after the student initially qualifies for an IEP;
170          (ii) be provided annually no later than February 1 to all students who have an IEP; and
171          (iii) include the address of the Internet website maintained by the board that provides
172     prospective applicants with detailed program information and application forms for the Carson
173     Smith Scholarship Program.
174          (c) An LEA or school within an LEA that has an enrolled student who has an IEP shall
175     post the address of the Internet website maintained by the board that provides prospective
176     applicants with detailed program information and application forms for the Carson Smith
177     Scholarship Program on the LEA's or school's website, if the LEA or school has one.
178          Section 4. Section 53A-25b-102 is amended to read:
179          53A-25b-102. Definitions.
180          As used in this chapter:

181          (1) "Advisory council" means the Advisory Council for the Utah Schools for the Deaf
182     and the Blind.
183          (2) "Alternate format" includes braille, audio, or digital text, or large print.
184          (3) "Associate superintendent" means:
185          (a) the associate superintendent of the Utah School for the Deaf; or
186          (b) the associate superintendent of the Utah School for the Blind.
187          (4) "Blind" means:
188          (a) if the person is three years of age or older but younger than 22 years of age, having
189     a visual impairment that, even with correction, adversely affects educational performance or
190     substantially limits one or more major life activities; and
191          (b) if the person is younger than three years of age, having a visual impairment.
192          (5) "Blindness" means an impairment in vision in which central visual acuity:
193          (a) does not exceed 20/200 in the better eye with correcting lenses; or
194          (b) is accompanied by a limit to the field of vision in the better eye to such a degree
195     that its widest diameter subtends an angle of no greater than 20 degrees.
196          (6) "Board" means the State Board of Education.
197          (7) "Cortical visual impairment" means a neurological visual disorder:
198          (a) that:
199          (i) affects the visual cortex or visual tracts of the brain;
200          (ii) is caused by damage to the visual pathways to the brain;
201          (iii) affects a person's visual discrimination, acuity, processing, and interpretation; and
202          (iv) is often present in conjunction with other disabilities or eye conditions that cause
203     visual impairment; and
204          (b) in which the eyes and optic nerves of the affected person appear normal and the
205     person's pupil responses are normal.
206          (8) "Deaf" means:
207          (a) if the person is three years of age or older but younger than 22 years of age, having
208     [a hearing impairment] hearing loss, whether permanent or fluctuating, that, even with
209     amplification, adversely affects educational performance or substantially limits one or more
210     major life activities; and
211          (b) if the person is younger than three years of age, having [a hearing impairment]

212     hearing loss.
213          (9) "Deafblind" means:
214          (a) if the person is three years of age or older but younger than 22 years of age:
215          (i) deaf;
216          (ii) blind; and
217          (iii) having hearing loss and visual impairments that cause such severe communication
218     and other developmental and educational needs that the person cannot be accommodated in
219     special education programs solely for students who are deaf or blind; or
220          (b) if the person is younger than three years of age, having both hearing loss and vision
221     impairments that are diagnosed as provided in Section 53A-25b-301.
222          (10) "Deafness" means a hearing loss so severe that the person is impaired in
223     processing linguistic information through hearing, with or without amplification.
224          (11) "Educator" means a person who holds:
225          (a) (i) a license issued under Title 53A, Chapter 6, Educator Licensing and Professional
226     Practices Act; and
227          (ii) a position as:
228          (A) a teacher;
229          (B) a speech pathologist;
230          (C) a librarian or media specialist;
231          (D) a preschool teacher;
232          (E) a guidance counselor;
233          (F) a school psychologist;
234          (G) an audiologist; or
235          (H) an orientation and mobility specialist; or
236          (b) (i) a bachelor's degree or higher;
237          (ii) credentials from the governing body of the professional's area of practice; and
238          (iii) a position as:
239          (A) a Parent Infant Program consultant;
240          (B) a deafblind consultant;
241          (C) a school nurse;
242          (D) a physical therapist;

243          (E) an occupational therapist;
244          (F) a social worker; or
245          (G) a low vision specialist.
246          (12) "Functional blindness" means a disorder in which the physical structures of the
247     eye may be functioning, but the person does not attend to, examine, utilize, or accurately
248     process visual information.
249          (13) "Functional hearing loss" means a central nervous system impairment that results
250     in abnormal auditory perception, including an auditory processing disorder or auditory
251     neuropathy/dys-synchrony, in which parts of the auditory system may be functioning, but the
252     person does not attend to, respond to, localize, utilize, or accurately process auditory
253     information.
254          (14) "Hard of hearing" means having a hearing loss, excluding deafness.
255          [(15) "Hearing impairment" includes hard of hearing, deafness, or functional hearing
256     loss.]
257          [(16)] (15) "Individualized education program" or "IEP" means:
258          (a) a written statement for a student with a disability that is developed, reviewed, and
259     revised in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec.
260     1400 et seq.; or
261          (b) an individualized family service plan developed:
262          (i) for a child with a disability who is younger than three years of age; and
263          (ii) in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec.
264     1400 et seq.
265          [(17)] (16) "LEA" means a local education agency that has administrative control and
266     direction for public education.
267          [(18)] (17) "LEA of record" means the school district of residence of a student as
268     determined under Section 53A-2-201.
269          [(19)] (18) "Low vision" means an impairment in vision in which:
270          (a) visual acuity is at 20/70 or worse; or
271          (b) the visual field is reduced to less than 20 degrees.
272          [(20)] (19) "Parent Infant Program" means a program at the Utah Schools for the Deaf
273     and the Blind that provides services:

274          (a) through an interagency agreement with the Department of Health to children
275     younger than three years of age who are deaf, blind, or deafblind; and
276          (b) to children younger than three years of age who are deafblind through Deafblind
277     Services of the Utah Schools for the Deaf and the Blind.
278          [(21)] (20) "Section 504" means Section 504 of the Rehabilitation Act of 1973.
279          [(22)] (21) "Section 504 accommodation plan" means a plan developed pursuant to
280     Section 504 of the Rehabilitation Act of 1973, as amended, to provide appropriate
281     accommodations to an individual with a disability to ensure access to major life activities.
282          [(23)] (22) "Superintendent" means the superintendent of the Utah Schools for the Deaf
283     and the Blind.
284          [(24)] (23) "Visual impairment" includes partial sightedness, low vision, blindness,
285     cortical visual impairment, functional blindness, and degenerative conditions that lead to
286     blindness or severe loss of vision.
287          Section 5. Section 53A-25b-307 is amended to read:
288          53A-25b-307. Educational Enrichment Program for Deaf, Hard of Hearing, and
289     Visually Impaired Students -- Funding for the program.
290          (1) There is established the Educational Enrichment Program for [Hearing] Deaf, Hard
291     of Hearing, and Visually Impaired Students.
292          (2) The purpose of the program is to provide opportunities that will, in a family
293     friendly environment, enhance the educational services required for deaf, hard of hearing,
294     blind, or deafblind students.
295          (3) The advisory council shall design and implement the program, subject to the
296     approval by the board.
297          (4) The program shall be funded from the interest and dividends derived from the
298     permanent funds created for the Utah Schools for the Deaf and the Blind pursuant to Section 12
299     of the Utah Enabling Act and distributed by the director of the School and Institutional Trust
300     Lands Administration under Section 53C-3-103.
301          Section 6. Section 53B-6-104 is amended to read:
302          53B-6-104. Multi-University Consortium for Teacher Training in Sensory
303     Impairments -- Purposes -- Appropriation.
304          (1) (a) In conjunction with the State Board of Regents' master plan for higher

305     education, there is established a Multi-University Consortium for Teacher Training in Sensory
306     Impairments which is an outgrowth of a consortium established by the federal government.
307          (b) The consortium shall include within its membership the University of Utah, Utah
308     State University, Brigham Young University, the Utah Schools for the Deaf and the Blind, the
309     Services for At-Risk Students section under the State Board of Education, and local school
310     districts.
311          (2) The consortium, in collaboration with the State Board of Regents and the State
312     Board of Education, shall develop and implement teacher preparation programs that qualify
313     and certify instructors to work with students who are visually impaired, [hearing impaired]
314     deaf, or hard of hearing, or both visually impaired and [hearing impaired] deaf or hard of
315     hearing.
316          (3) (a) There is appropriated from the General Fund for fiscal year 1994-95, $200,000
317     to the State Board of Regents to fund the consortium's teacher preparation programs referred to
318     in Subsection (2).
319          (b) The appropriation is nonlapsing.
320          (c) The State Board of Regents shall consider including within its annual budget
321     recommendations a line item appropriation to provide ongoing funding for the programs
322     provided pursuant to this section.
323          Section 7. Section 54-8b-10 is amended to read:
324          54-8b-10. Imposing a surcharge to provide deaf, hard of hearing, and speech
325     impaired persons with telecommunication devices -- Definitions -- Procedures for
326     establishing program -- Surcharge -- Administration and disposition of surcharge money.
327          (1) As used in this section:
328          (a) "Certified deaf [or severely hearing or speech impaired person], hard of hearing, or
329     severely speech impaired individual" means any state resident who:
330          (i) is so certified by:
331          (A) a licensed physician;
332          (B) an otolaryngologist;
333          (C) a speech language pathologist;
334          (D) an audiologist; or
335          (E) a qualified state agency; and

336          (ii) qualifies for assistance under any low income public assistance program
337     administered by a state agency.
338          (b) "Certified interpreter" means a person who is a certified interpreter under Title
339     35A, Chapter 13, Part 6, Interpreter Services for the Deaf and Hard of Hearing Act.
340          (c) (i) "Telecommunication device" means any mechanical adaptation device that
341     enables a deaf [or severely hearing or speech impaired person], hard of hearing, or severely
342     speech impaired individual to use the telephone.
343          (ii) "Telecommunication device" includes:
344          (A) telecommunication devices for the deaf (TDD);
345          (B) telephone amplifiers;
346          (C) telephone signal devices;
347          (D) artificial larynxes; and
348          (E) adaptive equipment for TDD keyboard access.
349          (2) The commission shall hold hearings to establish a program whereby a certified deaf
350     [or severely hearing or speech impaired], hard of hearing, or severely speech impaired
351     customer of a telecommunications corporation that provides service through a local exchange
352     or of a wireless telecommunications provider may obtain a telecommunication device capable
353     of serving the customer at no charge to the customer beyond the rate for basic service.
354          (3) (a) The program described in Subsection (2) shall provide a dual party relay system
355     using third party intervention to connect a certified deaf [or severely hearing or speech
356     impaired person], hard of hearing, or severely speech impaired individual with a normal
357     hearing [person] individual by way of telecommunication devices designed for that purpose.
358          (b) The commission may, by rule, establish the type of telecommunications device to
359     be provided to ensure functional equivalence.
360          (4) (a) The commission shall impose a surcharge on each residential and business
361     access line of each customer of local-exchange telephone service in this state, and each
362     residential and business telephone number of each customer of mobile telephone service in this
363     state, not including a telephone number used exclusively to transfer data to and from a mobile
364     device, which shall be collected by the telecommunications corporation providing public
365     telecommunications service to the customer, to cover the costs of:
366          (i) the program described in Subsection (2); and

367          (ii) payments made under Subsection (5).
368          (b) The commission shall establish by rule the amount to be charged under this section,
369     provided that:
370          (i) the surcharge does not exceed 20 cents per month for each residential and business
371     access line for local-exchange telephone service, and for each residential and business
372     telephone number for mobile telephone service, not including a telephone number used
373     exclusively to transfer data to and from a mobile device; and
374          (ii) if the surcharge is related to a mobile telecommunications service, the surcharge
375     may be imposed, billed, and collected only to the extent permitted by the Mobile
376     Telecommunications Sourcing Act, 4 U.S.C. Sec. 116 et seq.
377          (c) The telecommunications corporation shall collect the surcharge from its customers
378     and transfer the money collected to the commission under rules adopted by the commission.
379          (d) The surcharge shall be separately identified on each bill to a customer.
380          (5) (a) Money collected from the surcharge imposed under Subsection (4) shall be
381     deposited in the state treasury as dedicated credits to be administered as determined by the
382     commission.
383          (b) These dedicated credits may be used only:
384          (i) for the purchase, maintenance, repair, and distribution of telecommunication
385     devices;
386          (ii) for the acquisition, operation, maintenance, and repair of a dual party relay system;
387          (iii) to reimburse telephone corporations for the expenses incurred in collecting and
388     transferring to the commission the surcharge imposed by the commission;
389          (iv) for the general administration of the program;
390          (v) to train persons in the use of telecommunications devices; and
391          (vi) by the commission to contract, in compliance with Title 63G, Chapter 6a, Utah
392     Procurement Code, with:
393          (A) an institution within the state system of higher education listed in Section
394     53B-1-102 for a program approved by the Board of Regents that trains persons to qualify as
395     certified interpreters; or
396          (B) the Utah State Office of Rehabilitation created in Section 35A-1-202 for a program
397     that trains persons to qualify as certified interpreters.

398          (c) (i) The commission shall make rules under Title 63G, Chapter 3, Utah
399     Administrative Rulemaking Act, for the administration of money under Subsection (5)(b)(vi).
400          (ii) In the initial rulemaking to determine the administration of money under
401     Subsection (5)(b)(vi), the commission shall give notice and hold a public hearing.
402          (d) Money received by the commission under Subsection (4) is nonlapsing.
403          (6) (a) The telephone surcharge need not be collected by a telecommunications
404     corporation if the amount collected would be less than the actual administrative costs of the
405     collection.
406          (b) If Subsection (6)(a) applies, the telecommunications corporation shall submit to the
407     commission, in lieu of the revenue from the surcharge collection, a breakdown of the
408     anticipated costs and the expected revenue from the collection, showing that the costs exceed
409     the revenue.
410          (7) The commission shall solicit the advice, counsel, and physical assistance of
411     [severely hearing or speech impaired persons] deaf, hard of hearing, or severely speech
412     impaired individuals and the organizations serving them in the design and implementation of
413     the program.
414          Section 8. Section 58-41-2 is amended to read:
415          58-41-2. Definitions.
416          In addition to the definitions in Section 58-1-102, as used in this chapter:
417          (1) "ASHA" means the American Speech Ĥ→ [
and] -Language- ←Ĥ Hearing Association.
418          (2) "Association" means the Utah Speech Ĥ→ [
and] -Language- ←Ĥ Hearing Association.
419          (3) "Audiologist" means a person who practices audiology or who holds himself out to
420     the public directly or indirectly by any means, act, title, identification, performance, method, or
421     procedure as one who nonmedically examines, measures, tests, interprets, evaluates, assesses,
422     diagnoses, directs, instructs, treats, counsels, prescribes, and recommends for persons affected
423     by or suspected of having disorders of or conditions of [impaired] hearing loss, or assists
424     persons in achieving the reception, communication, and perception of sound and determines
425     the range, nature, and degree of hearing function related to communication needs, or provides
426     audiology services and uses audio electronic equipment and provides audiology services and
427     consultation regarding noise control and hearing conservation, conducts tests and interpretation
428     of vestibular function and nystagmus, prepares ear impressions and provides ear molds, aids,

429     accessories, prescriptions, and prostheses for hearing, evaluates sound environment and
430     equipment, and calibrates instruments used in testing and supplementing auditory function. A
431     person is deemed to be an audiologist if he directly or indirectly provides or offers to provide
432     these services or functions set forth in Subsection (4) or any related function.
433          (4) "Audiology" means the application of principles, methods, and procedures, and
434     measuring, testing, examining, interpreting, diagnosing, predicting, evaluating, prescribing,
435     consulting, treating, instructing, and researching, which is related to hearing, vestibular
436     function, and the disorders of hearing, to related language and speech disorders and to aberrant
437     behavior related to [loss of] hearing loss or vestibular function, for the purpose of preventing
438     and modifying disorders related to [loss of] hearing loss or vestibular function, and planning,
439     directing, managing, conducting, and participating in hearing conservation, evoked potentials
440     evaluation, nonmedical tinnitus evaluation or treatment, noise control, habilitation, and
441     rehabilitation programs, including hearing aid evaluation, assistive listening device evaluation,
442     prescription, preparation, and dispensing, and auditory training and lip reading.
443          (5) "Audiology aide" means an individual who:
444          (a) meets the minimum qualifications established by the board for audiology aides.
445     Those qualifications shall be substantial but less than those established by this chapter for
446     licensing an audiologist;
447          (b) does not act independently; and
448          (c) works under the personal direction and direct supervision of a licensed audiologist
449     who accepts responsibility for the acts and performance of that audiology aide under this
450     chapter.
451          (6) "Board" means the Speech-language Pathology and Audiology Licensing Board
452     created under Section 58-41-6.
453          (7) "CCC" means the certificate of clinical competence awarded by the American
454     Speech Ĥ→ [
and] -Language- ←Ĥ Hearing Association.
455          (8) "CFY" means the clinical fellowship year prescribed by ASHA.
456          (9) "Disorder" means the condition of decreased, absent, or impaired auditory, speech,
457     voice, or language function.
458          (10) "Hearing aid dealer" means one who sells, repairs, and adjusts hearing aids.
459          (11) "Licensed audiologist" means any individual to whom a license has been issued

460     under this chapter if that license is in force and has not been suspended or revoked.
461          (12) "Licensed speech-language pathologist" means any individual licensed under this
462     chapter whose license is in force and has not been suspended or revoked.
463          (13) "Person" means any individual, group, organization, partnership, or corporate
464     body, except that only an individual may be licensed under this chapter.
465          (14) "Practice of audiology" means rendering or offering to render to individuals,
466     groups, agencies, organizations, industries, or the public any performance or service in
467     audiology.
468          (15) "Practice of speech-language pathology" means rendering, prescribing, or offering
469     to render to individuals, groups, agencies, organizations, industries or the public any service in
470     speech-language pathology.
471          (16) "Prescribe" means to:
472          (a) determine, specify, and give the directions, procedures, or rules for a person to
473     follow in determining and ordering the preparation, delivery, and use of specific mechanical,
474     acoustic, or electronic aids to hearing or speech; and
475          (b) determine or designate a remedy for a person.
476          (17) "Prescription" means a written or oral order for the delivery or execution of that
477     which has been prescribed.
478          (18) "Speech-language pathologist" means:
479          (a) a person who practices speech-language pathology or who holds himself out to the
480     public by any means, or by any service or function he performs, directly or indirectly, or by
481     using the terms "speech-language pathologist," "speech-language therapist," "language
482     disability specialist," or any variation, derivation, synonym, coinage, or whatever expresses,
483     employs, or implies these terms, names, or functions; or
484          (b) a person who performs any of the functions described in Subsection (19) or any
485     related functions.
486          (19) "Speech-language pathology" means the application of principles, methods, and
487     procedures for the examination, measurement, prevention, testing, identification, evaluation,
488     diagnosis, treatment, instruction, modification, prescription, restoration, counseling,
489     habilitation, prediction, management, and research related to the development and the disorders
490     or disabilities of human communication, speech, voice, language, cognitive communication, or

491     oral, pharyngeal, or laryngeal sensorimotor competencies, for the purpose of identifying,
492     evaluating, diagnosing, prescribing, preventing, managing, correcting, ameliorating, or
493     modifying those disorders and their effects in individuals or groups of individuals.
494          (20) "Speech-language pathology aide" means an individual who:
495          (a) meets the minimum qualifications established by the board for speech-language
496     pathology aides. Those qualifications shall be substantial but less than those established by this
497     chapter for licensing a speech-language pathologist;
498          (b) does not act independently; and
499          (c) works under the personal direction and direct supervision of a licensed
500     speech-language pathologist who accepts the responsibility for the acts and performances of
501     that speech-language pathology aide while working under this chapter.
502          (21) "Treatment" means the services of a speech-language pathologist or audiologist to
503     examine, diagnose, correct, or ameliorate speech or hearing disorders, abnormalities, behavior,
504     or their effects.
505          (22) "Unprofessional conduct" as defined in Section 58-1-501 and as may be further
506     defined by rule includes:
507          (a) failing to maintain a level of professional practice consistent with all initial and
508     subsequent requirements by which a license is achieved or maintained under this chapter;
509          (b) utilizing substandard or inappropriate facilities or equipment;
510          (c) treating any disorder for which the licensee has not had the necessary training and
511     experience; or
512          (d) failing to comply with the requirements of Section 58-41-17.
513          Section 9. Section 58-41-17 is amended to read:
514          58-41-17. Requirements for selling hearing aids.
515          (1) As used in this section:
516          (a) "Hearing aid" means a wearable instrument or device designed or offered for the
517     purpose of aiding or compensating for [impaired human hearing] human hearing loss, including
518     its parts, attachments, or accessories.
519          (b) "Hearing aid" does not include a device that is surgically implanted in the cochlea
520     or under the skin near the ear.
521          (2) A person licensed under this chapter who offers to sell a hearing aid to a consumer

522     shall inform the consumer about hearing aids that work with assistive listening systems that are
523     compliant with the ADA Standards for Accessible Design adopted by the United States
524     Department of Justice in accordance with the Americans with Disabilities Act, 42 U.S.C. Sec.
525     12101 et seq.
526          (3) A person licensed under this chapter who sells a hearing aid to a consumer shall
527     provide a written receipt or written contract to the consumer that provides the consumer with a
528     30-day right to cancel the purchase and to obtain a refund if the consumer returns the hearing
529     aid to the seller in the same condition as when purchased, excluding ordinary wear and tear.
530          (4) The written receipt or contract shall notify the consumer of the 30-day right to
531     cancel in at least 12-point font.
532          (5) The 30-day right to cancel shall commence from the date the hearing aid is
533     originally delivered to the consumer or the date the written receipt or contract is delivered to
534     the consumer, whichever is later.
535          (6) The 30-day period shall be tolled for any period during which the hearing aid seller,
536     dealer, or fitter has possession or control of the hearing aid after its original delivery.
537          (7) Upon exercise of the 30-day right to cancel a hearing aid purchase, the seller of the
538     hearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred by the
539     seller in order to return the hearing aid to the manufacturer, provided that the written receipt or
540     contract states the exact amount that will be retained by the seller as a cancellation fee.
541          Section 10. Section 58-46a-102 is amended to read:
542          58-46a-102. Definitions.
543          In addition to the definitions in Section 58-1-102, as used in this chapter:
544          (1) "Board" means the Hearing Instrument Specialist Licensing Board created in
545     Section 58-46a-201.
546          (2) "Direct supervision" means that the supervising hearing instrument specialist is
547     present in the same facility as is the person being supervised and is available for immediate in
548     person consultation.
549          [(4)] (3) "Hearing instrument" or "hearing aid" means any device designed or offered to
550     be worn on or by an individual to enhance [impaired human hearing] human hearing, including
551     the device's specialized parts, attachments, or accessories.
552          [(3)] (4) "Hearing instrument intern" means a person licensed under this chapter who is

553     obtaining education and experience in the practice of a hearing instrument specialist under the
554     supervision of a supervising hearing instrument specialist.
555          (5) "Indirect supervision" means that the supervising hearing instrument specialist is
556     not required to be present in the same facility as is the person being supervised, but is available
557     for voice to voice contact by telephone, radio, or other means at the initiation of the person
558     being supervised.
559          (6) "Practice of a hearing instrument specialist" means:
560          (a) establishing a place of business to practice as a hearing instrument specialist;
561          (b) testing the hearing of a human patient over the age of 17 for the sole purpose of
562     determining whether a hearing loss will be sufficiently improved by the use of a hearing
563     instrument to justify prescribing and selling the hearing instrument and whether that hearing
564     instrument will be in the best interest of the patient;
565          (c) providing the patient a written statement of prognosis regarding the need for or
566     usefulness of a hearing instrument for the patient's condition;
567          (d) prescribing an appropriate hearing instrument;
568          (e) making impressions or earmolds for the fitting of a hearing instrument;
569          (f) sale and professional placement of the hearing instrument on a patient;
570          (g) evaluating the hearing loss overcome by the installation of the hearing instrument
571     and evaluating the hearing recovery against the representations made to the patient by the
572     hearing instrument specialist;
573          (h) necessary intervention to produce satisfactory hearing recovery results from a
574     hearing instrument; or
575          (i) instructing the patient on the use and care of the hearing instrument.
576          (7) "Supervising hearing instrument specialist" means a hearing instrument specialist
577     who:
578          (a) is licensed by and in good standing with the division;
579          (b) has practiced full-time as a hearing instrument specialist for not less than two years;
580     and
581          (c) is approved as a supervisor by the division in collaboration with the board.
582          (8) "Unlawful conduct" [is as] means the same as that term is defined in Section
583     58-1-501.

584          (9) "Unprofessional conduct" [is as] means the same as that term is defined in Sections
585     58-1-501 and 58-46a-501.
586          Section 11. Section 62A-5-101 is amended to read:
587          62A-5-101. Definitions.
588          As used in this chapter:
589          (1) "Approved provider" means a person approved by the division to provide
590     home-based services.
591          (2) "Board" means the Utah State Developmental Center Board created under Section
592     62A-5-202.5.
593          (3) (a) "Brain injury" means an acquired injury to the brain that is neurological in
594     nature, including a cerebral vascular accident.
595          (b) "Brain injury" does not include a deteriorating disease.
596          (4) "Designated intellectual disability professional" means:
597          (a) a psychologist licensed under Title 58, Chapter 61, Psychologist Licensing Act,
598     who:
599          (i) (A) has at least one year of specialized training in working with persons with an
600     intellectual disability; or
601          (B) has at least one year of clinical experience with persons with an intellectual
602     disability; and
603          (ii) is designated by the division as specially qualified, by training and experience, in
604     the treatment of an intellectual disability; or
605          (b) a clinical social worker, certified social worker, marriage and family therapist, or
606     professional counselor, licensed under Title 58, Chapter 60, Mental Health Professional
607     Practice Act, who:
608          (i) has at least two years of clinical experience with persons with an intellectual
609     disability; and
610          (ii) is designated by the division as specially qualified, by training and experience, in
611     the treatment of an intellectual disability.
612          (5) "Deteriorating disease" includes:
613          (a) multiple sclerosis;
614          (b) muscular dystrophy;

615          (c) Huntington's chorea;
616          (d) Alzheimer's disease;
617          (e) ataxia; or
618          (f) cancer.
619          (6) "Developmental center" means the Utah State Developmental Center, established in
620     accordance with Part 2, Utah State Developmental Center.
621          [(8)] (7) "Director" means the director of the Division of Services for People with
622     Disabilities.
623          [(7)] (8) "Direct service worker" means a person who provides services to a person
624     with a disability:
625          (a) when the services are rendered in:
626          (i) the physical presence of the person with a disability; or
627          (ii) a location where the person rendering the services has access to the physical
628     presence of the person with a disability; and
629          (b) (i) under a contract with the division;
630          (ii) under a grant agreement with the division; or
631          (iii) as an employee of the division.
632          (9) (a) "Disability" means a severe, chronic disability that:
633          (i) is attributable to:
634          (A) an intellectual disability;
635          (B) a condition that qualifies a person as a person with a related condition, as defined
636     in 42 C.F.R. 435.1009;
637          (C) a physical disability; or
638          (D) a brain injury;
639          (ii) is likely to continue indefinitely;
640          (iii) (A) for a condition described in Subsection (9)(a)(i)(A), (B), or (C), results in a
641     substantial functional limitation in three or more of the following areas of major life activity:
642          (I) self-care;
643          (II) receptive and expressive language;
644          (III) learning;
645          (IV) mobility;

646          (V) self-direction;
647          (VI) capacity for independent living; or
648          (VII) economic self-sufficiency; or
649          (B) for a condition described in Subsection (9)(a)(i)(D), results in a substantial
650     limitation in three or more of the following areas:
651          (I) memory or cognition;
652          (II) activities of daily life;
653          (III) judgment and self-protection;
654          (IV) control of emotions;
655          (V) communication;
656          (VI) physical health; or
657          (VII) employment; and
658          (iv) requires a combination or sequence of special interdisciplinary or generic care,
659     treatment, or other services that:
660          (A) may continue throughout life; and
661          (B) must be individually planned and coordinated.
662          (b) "Disability" does not include a condition due solely to:
663          (i) mental illness;
664          (ii) personality disorder;
665          (iii) [hearing impairment] deafness or being hard of hearing;
666          (iv) visual impairment;
667          (v) learning disability;
668          (vi) behavior disorder;
669          (vii) substance abuse; or
670          (viii) the aging process.
671          (10) "Division" means the Division of Services for People with Disabilities.
672          (11) "Eligible to receive division services" or "eligibility" means qualification, based
673     on criteria established by the division in accordance with Subsection 62A-5-102(4), to receive
674     services that are administered by the division.
675          (12) "Endorsed program" means a facility or program that:
676          (a) is operated:

677          (i) by the division; or
678          (ii) under contract with the division; or
679          (b) provides services to a person committed to the division under Part 3, Admission to
680     an Intermediate Care Facility for People with an Intellectual Disability.
681          (13) "Licensed physician" means:
682          (a) an individual licensed to practice medicine under:
683          (i) Title 58, Chapter 67, Utah Medical Practice Act; or
684          (ii) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
685          (b) a medical officer of the United States Government while in this state in the
686     performance of official duties.
687          (14) "Physical disability" means a medically determinable physical impairment that has
688     resulted in the functional loss of two or more of a person's limbs.
689          (15) "Public funds" means state or federal funds that are disbursed by the division.
690          (16) "Resident" means an individual under observation, care, or treatment in an
691     intermediate care facility for people with an intellectual disability.
692          Section 12. Section 77-7-6 is amended to read:
693          77-7-6. Manner of making arrest.
694          (1) The person making the arrest shall inform the person being arrested of his intention,
695     cause, and authority to arrest him. Such notice shall not be required when:
696          (a) there is reason to believe the notice will endanger the life or safety of the officer or
697     another person or will likely enable the party being arrested to escape;
698          (b) the person being arrested is actually engaged in the commission of, or an attempt to
699     commit, an offense; or
700          (c) the person being arrested is pursued immediately after the commission of an offense
701     or an escape.
702          (2) (a) If a [hearing-impaired] deaf or hard of hearing person, as defined in Subsection
703     78B-1-201(2), is arrested for an alleged violation of a criminal law, including a local ordinance,
704     the arresting officer shall assess the communicative abilities of the [hearing-impaired] deaf or
705     hard of hearing person and conduct this notification, and any further notifications of rights,
706     warnings, interrogations, or taking of statements, in a manner that accurately and effectively
707     communicates with the [hearing-impaired] deaf or hard of hearing person, including qualified

708     interpreters, lip reading, pen and paper, typewriters, computers with print-out capability, and
709     telecommunications devices for the deaf.
710          (b) Compliance with this [subsection] Subsection (2) is a factor to be considered by
711     any court when evaluating whether statements of a [hearing-impaired] deaf or hard of hearing
712     person were made knowingly, voluntarily, and intelligently.
713          Section 13. Section 78B-1-201 is amended to read:
714          78B-1-201. Definitions.
715          As used in this part:
716          (1) "Appointing authority" means the presiding officer or similar official of any court,
717     board, commission, authority, department, agency, legislative body, or of any proceeding of
718     any nature where a qualified interpreter is required under this part.
719          (2) "[Hearing-impaired] Deaf or hard of hearing person" and "[hearing-impaired] deaf
720     or hard of hearing parent" means a deaf or hard of hearing person who, because of sensory or
721     environmental conditions, requires the assistance of a qualified interpreter or other special
722     assistance for communicative purposes.
723          (3) "Necessary steps" or "necessary services" include provisions of qualified
724     interpreters, lip reading, pen and paper, typewriters, closed-circuit television with
725     closed-caption translations, computers with print-out capability, and telecommunications
726     devices for the deaf or similar devices.
727          (4) "Qualified interpreter" means a sign language or oral interpreter as provided in
728     Sections 78B-1-203 and 78B-1-206 of this part.
729          Section 14. Section 78B-1-202 is amended to read:
730          78B-1-202. Proceedings at which interpreter is to be provided for the deaf or
731     hard of hearing.
732          (1) If a [hearing-impaired] deaf or hard of hearing person is a party or witness at any
733     stage of any judicial or quasi-judicial proceeding in this state or in its political subdivisions,
734     including civil and criminal court proceedings, grand jury proceedings, proceedings before a
735     magistrate, juvenile proceedings, adoption proceedings, mental health commitment
736     proceedings, and any proceeding in which a [hearing-impaired] deaf or hard of hearing person
737     may be subjected to confinement or criminal sanction, the appointing authority shall appoint
738     and pay for a qualified interpreter to interpret the proceedings to the [hearing-impaired] deaf or

739     hard of hearing person and to interpret the [hearing-impaired] deaf or hard of hearing person's
740     testimony. If the [hearing-impaired] deaf or hard of hearing person does not understand sign
741     language, the appointing authority shall take necessary steps to ensure that the
742     [hearing-impaired] deaf or hard of hearing person may effectively and accurately communicate
743     in the proceeding.
744          (2) If a juvenile whose parent or parents are [hearing-impaired] deaf or hard of hearing
745     is brought before a court for any reason whatsoever, the court shall appoint and pay for a
746     qualified interpreter to interpret the proceedings to the [hearing-impaired] deaf or hard of
747     hearing
parent and to interpret the [hearing-impaired] deaf or hard of hearing parent's
748     testimony. If the [hearing-impaired] deaf or hard of hearing parent or parents do not
749     understand sign language, the appointing authority shall take any reasonable, necessary steps to
750     ensure that the [hearing-impaired person] deaf or hard of hearing parent may effectively and
751     accurately communicate in the proceeding.
752          (3) In any hearing, proceeding, or other program or activity of any department, board,
753     licensing authority, commission, or administrative agency of the state or of its political
754     subdivisions, the appointing authority shall appoint and pay for a qualified interpreter for the
755     [hearing-impaired] deaf or hard of hearing participants if the interpreter is not otherwise
756     compensated for those services. If the [hearing-impaired] deaf or hard of hearing participants
757     do not understand sign language, the appointing authority shall take any reasonable, necessary
758     steps to ensure that [hearing-impaired persons] the deaf or hard of hearing participant may
759     effectively and accurately communicate in the proceeding.
760          (4) If a [hearing-impaired] deaf or hard of hearing person is a witness before any
761     legislative committee or subcommittee, or legislative research or interim committee or
762     subcommittee or commission authorized by the state Legislature or by the legislative body of
763     any political subdivision of the state, the appointing authority shall appoint and pay for a
764     qualified interpreter to interpret the proceedings to the [hearing-impaired person] deaf or hard
765     of hearing witness and to interpret the [hearing-impaired person's] deaf or hard of hearing
766     witness's testimony. If the [hearing-impaired] deaf or hard of hearing witness does not
767     understand sign language, the appointing authority shall take any reasonable, necessary steps to
768     ensure that [hearing-impaired] the deaf or hard of hearing witness may effectively and
769     accurately communicate in the proceeding.

770          (5) If it is the policy and practice of a court of this state or of its political subdivisions
771     to appoint counsel for indigent people, the appointing authority shall appoint and pay for a
772     qualified interpreter or other necessary services for [hearing-impaired] deaf or hard of hearing,
773     indigent people to assist in communication with counsel in all phases of the preparation and
774     presentation of the case.
775          (6) If a [hearing-impaired] deaf or hard of hearing person is involved in administrative,
776     legislative, or judicial proceedings, the appointing authority shall recognize that family
777     relationship between the particular [hearing-impaired] deaf or hard of hearing person and an
778     interpreter may constitute a possible conflict of interest and select a qualified interpreter who
779     will be impartial in the proceedings.
780          Section 15. Section 78B-1-203 is amended to read:
781          78B-1-203. Effectiveness of interpreter determined.
782          (1) Before appointing an interpreter, the appointing authority shall make a preliminary
783     determination, on the basis of the proficiency level established by the Utah State Office of
784     Rehabilitation created in Section 35A-1-202 and on the basis of the [hearing-impaired] deaf or
785     hard of hearing person's testimony, that the interpreter is able to accurately communicate with
786     and translate information to and from the hearing-impaired person involved.
787          (2) If the interpreter is not able to provide effective communication with the
788     [hearing-impaired] deaf or hard of hearing person, the appointing authority shall appoint
789     another qualified interpreter.
790          Section 16. Section 78B-1-205 is amended to read:
791          78B-1-205. Readiness of interpreter prerequisite to commencement of
792     proceeding.
793          If an interpreter is required to be appointed under this part, the appointing authority may
794     not commence proceedings until the appointed interpreter is in full view of and spatially
795     situated to assure effective communication with the [hearing-impaired] deaf or hard of hearing
796     participants.
797          Section 17. Section 78B-1-206 is amended to read:
798          78B-1-206. List of qualified interpreters -- Use -- Appointment of another.
799          (1) The Utah State Office of Rehabilitation created in Section 35A-1-202 shall
800     establish, maintain, update, and distribute a list of qualified interpreters.

801          (2) (a) When an interpreter is required under this part, the appointing authority shall
802     use one of the interpreters on the list provided by the Utah State Office of Rehabilitation.
803          (b) If none of the listed interpreters are available or are able to provide effective
804     interpreting with the particular [hearing-impaired] deaf or hard of hearing person, then the
805     appointing authority shall appoint another qualified interpreter who is able to accurately and
806     simultaneously communicate with and translate information to and from the particular
807     [hearing-impaired] deaf or hard of hearing person involved.
808          Section 18. Section 78B-1-209 is amended to read:
809          78B-1-209. Waiver of right to interpreter.
810          The right of a [hearing-impaired] deaf or hard of hearing person to an interpreter may
811     not be waived, except by a [hearing-impaired] deaf or hard of hearing person who requests a
812     waiver in writing. The waiver is subject to the approval of counsel to the [hearing-impaired]
813     deaf or hard of hearing person, if existent, and is subject to the approval of the appointing
814     authority. In no event may the failure of the [hearing-impaired] deaf or hard of hearing person
815     to request an interpreter be considered a waiver of that right.
816          Section 19. Section 78B-1-210 is amended to read:
817          78B-1-210. Privileged communications.
818          If a [hearing-impaired] deaf or hard of hearing person communicates through an
819     interpreter to any person under such circumstances that the communication would be privileged
820     and the person could not be compelled to testify as to the communications, this privilege shall
821     apply to the interpreter as well.
822          Section 20. Section 78B-1-211 is amended to read:
823          78B-1-211. Video recording of testimony of deaf or hard of hearing person.
824          The appointing authority, on his or her own motion or on the motion of a party to the
825     proceedings, may order that the testimony of the [hearing-impaired] deaf or hard of hearing
826     person and its interpretation be electronically recorded by a video recording device for use in
827     verification of the official transcript of the proceedings.






Legislative Review Note
Office of Legislative Research and General Counsel