The board shall:

1. A. promulgate rules necessary to carry out the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978];
2. B. promulgate rules implementing continuing education requirements;
3. C. adopt a code of ethics that includes rules requiring audiologists and hearing aid dispensers, at the time of the initial examination for possible sale and fitting of a hearing aid if a hearing loss is determined, to inform each prospective purchaser about hearing aid options that can provide a direct connection between the hearing aid and assistive listening systems. These rules shall be in accordance with the latest standards for accessible design adopted by the United States department of justice in accordance with the federal Americans with Disabilities Act of 1990, as amended;
4. D. conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license in accordance with the Uniform Licensing Act [Chapter 61, Article 1 NMSA 1978];
5. E. investigate complaints against licensees by issuing investigative subpoenas prior to the issuance of a notice of contemplated action;
6. F. establish fees for licensure;
7. G. provide for the licensing and renewal of licenses of applicants; and
8. H. promulgate rules that provide for expedited licensure and temporary permits for speech-language pathologists, audiologists or hearing aid dispensers.

History: Laws 1996, ch. 57, § 11; 2003, ch. 408, § 22; 2019, ch. 100, § 1; 2022, ch. 39, § 62.

ANNOTATIONS

Repeals and reenactments. — Laws 1996, ch. 57, § 27 repealed 61-14B-11 NMSA 1978, as enacted by Laws 1981, ch. 249, § 11, relating to disposition of funds collected under the Speech-Language Pathology and Audiology Act, and § 11 of that act enacted the above section, effective July 1, 1996.

Cross references. — For the federal Americans with Disabilities Act of 1990, see Titles 29, 42 and 47 of the U.S.C.

Delayed repeals. — For delayed repeal of this section, see 61-14B-25 NMSA 1978.

The 2022 amendment, effective May 18, 2022, clarified that the speech-language pathology, audiology and hearing aid dispensing practices board is required to follow the provisions of the State Rules Act when promulgating rules; in Subsection A, deleted "adopt" and added "promulgate", after "rules", deleted "and regulations and establish policy", and after "in accordance with the", deleted "Uniform Licensing" and added "State Rules"; in Subsection B, deleted "adopt" and added "promulgate"; and in Subsection H, deleted "adopt" and added "promulgate", and after "provide for", deleted "licensure by reciprocity, including" and added "expedited licensure and".

The 2019 amendment, effective June 14, 2019, required the speech-language pathology, audiology and hearing aid dispensing practices board to include in its code of ethics rules requiring audiologists and hearing aid dispensers to inform each prospective purchaser about hearing aid options that can provide a direct connection between the hearing aid and the assistive listening systems; and in Subsection C, after "adopt a code of ethics", added the remainder of the subsection.

The 2003 amendment, effective July 1, 2003, deleted former Subsection F, concerning hire of staff, and redesignated the subsequent subsections accordingly.