North Dakota Administrative Code Title 11 - Audiology and Speech-Language Pathology, Board of Examiners on
NDAC Title 11 – Board of Examiners for Audiology and Speech-Language Pathology
Overview
NDAC Title 11 governs the Board of Examiners for Audiology and Speech-Language Pathology (the Board), the regulatory body responsible for licensing, regulating, and disciplining professionals in the fields of audiology and speech-language pathology in North Dakota.
The Board’s authority comes from the North Dakota Century Code (NDCC) Chapter 43-33, which establishes the scope of practice, licensing requirements, and disciplinary authority.
The administrative rules codified in Title 11 provide detailed regulations to implement and enforce these statutory provisions, ensuring public safety by regulating qualified practitioners.
Purpose of the Board and Title 11
Protect public health and safety by ensuring only qualified professionals practice audiology and speech-language pathology.
Set licensing standards and criteria for applicants.
Define scope of practice and professional conduct.
Provide disciplinary authority to investigate and act on complaints.
Establish procedural rules for licensing, renewal, and enforcement.
Key Components of Title 11
1. Board Composition and Powers
The Board consists of members appointed by the Governor, typically including audiologists and speech-language pathologists.
Powers include:
Issuing licenses and renewals.
Setting examination standards.
Investigating complaints and holding disciplinary hearings.
Adopting and enforcing rules under statutory authority.
2. Licensing Requirements
Applicants must meet educational qualifications, generally a master’s degree or higher in audiology or speech-language pathology from an accredited program.
Successful completion of a national examination (e.g., Praxis exams).
Completion of supervised clinical experience (e.g., Clinical Fellowship Year).
Submission of application with required fees.
Background checks may be required.
3. Scope of Practice
Audiologists: evaluation, diagnosis, and treatment of hearing and balance disorders.
Speech-Language Pathologists: evaluation and treatment of speech, language, voice, and swallowing disorders.
Title 11 defines allowable activities and prohibits unlicensed practice.
4. License Renewal and Continuing Education
Licenses must be renewed periodically (usually biennially).
Continuing education (CE) requirements must be met to maintain licensure.
CE programs must be Board-approved or meet specified criteria.
5. Standards of Professional Conduct
Rules on ethical practice, confidentiality, conflict of interest, and professional responsibility.
Requirements to report impairment or unprofessional conduct.
6. Disciplinary Procedures
Grounds for discipline include fraud, negligence, incompetence, substance abuse, unprofessional conduct, or violation of laws/rules.
Procedures for investigation, notice to licensee, hearings before the Board or administrative law judge.
Possible sanctions: reprimand, probation, suspension, revocation, fines.
Relevant Case Law and Legal Principles
While there are limited North Dakota-specific appellate decisions explicitly discussing the Board of Examiners for Audiology and Speech-Language Pathology, general principles of administrative law and professional licensing cases are applicable.
1. Deference to Administrative Expertise
Courts generally defer to professional licensing boards on matters of expertise and discipline, so long as due process is followed and the decision is supported by substantial evidence.
For example, decisions to suspend or revoke a license must be procedurally fair and based on competent evidence.
2. Due Process in Disciplinary Actions
Licensees are entitled to notice of charges and an opportunity to be heard.
The Administrative Agencies Practice Act governs hearing procedures, ensuring impartial hearings and rights to appeal.
3. Scope of Practice Enforcement
Courts uphold restrictions on the unauthorized practice of professions.
The Board may take action against unlicensed practice or violations of scope of practice, protecting the public from harm caused by unqualified persons.
Illustrative Legal Context from Analogous Cases
Though not North Dakota-specific, these principles are well-established:
Board’s authority to regulate practice is a valid exercise of the state’s police power to protect public health.
License suspensions or revocations for incompetence or unethical behavior are upheld where supported by evidence.
Applicants denied licensure can seek judicial review but must demonstrate that the Board acted arbitrarily or outside its statutory authority.
Summary Table
| Aspect | Description |
|---|---|
| Licensing | Requires accredited degree, exam, supervised clinical experience |
| Scope of Practice | Audiology and speech pathology defined by statute and rules |
| Renewal | Biennial with continuing education requirements |
| Professional Conduct | Ethical standards and reporting requirements |
| Disciplinary Authority | Investigate complaints; hold hearings; impose sanctions |
| Legal Principles | Courts defer to Board if due process is followed and evidence supports decisions |
Conclusion
NDAC Title 11 is a comprehensive regulatory framework ensuring that audiologists and speech-language pathologists in North Dakota meet rigorous professional and ethical standards. The Board’s licensing and disciplinary powers help protect consumers and maintain public trust.
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