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Lemon Law Pennsylvania has a Lemon Law for new automobiles and puppies but not, unfortunately, for hearing aids or other assistive appliances. Pennsylvania law provides other protections for hearing aid purchasers, including a 30-day return period. For details, see the Attorney General's consumer booklet, Buying a Hearing Aid.
Infant Hearing Screening Law (IHEARR) Act 89 of 2001. The Infant Hearing Education, Assessment, Reporting and Referral (IHEARR) Act. Enacted November 30, 2001. The full text of the Bill (SB100 of 2001) may be downloaded or viewed on-line in either text or Adobe® Portable Document format(.pdf). The purpose of IHEARR is to provide infant hearing screening for all babies born in PA within 30 days of birth and to provide Dept. of Health with information needed to administer a program of services for those identified as having hearing loss. Key provisions of the Act include:
- A six member advisory committee appointed by the Secretary of Health.
- Parents have the right to refuse screening for any reason.
- By Jan. 1, 2002 the Dept. of Health will report to the General Assembly the number of hospitals which have been conducting screening on a voluntary basis or as part of a demonstration initiative and the results of those screenings.
- By July 1, 2002:
- the Dept. of Health with input from the Advisory Board will set up temporary guidelines to administer the program.
- all hospitals will report the number of infants screened and results of screening.
- all hospitals in PA will provide information on the need for screening to new parents.
- By July, 2003, 85% of all babies born in PA will be screened. If this goal is not met or the percentage drops below 85% thereafter, a state-administered screening program will be established.
- Funding is to be provided by existing services and grants from public and private sectors.
- Early Hearing Detection & Intervention Contact
Myra Yingling
Family & Community Support Section
PA Dept of Health/Div of Special Health Programs
Room 724 Health & Welfare Bldg.
PO Box 90
Harrisburg, PA 17108
717-787-2020 v 717-772-0323 fax e=mail myinglin@state.pa.us
- Universal Newborn Hearing Screening Programs in Pennsylvania
As reported by Deafness Research Foundation - Hospitals included on their list are those which, according to state department of health officials, were screening at least 90% of the birth/admissions at the hospital.
Americans with Disabilities Act (ADA)
U.S. Department of Justice
- Americans with Disabilities Act (ADA) Home Page
Call to obtain answers to general and technical questions about the ADA and to order technical assistance materials: 800-514-0301(v) 800-514-0383(tt)
- ADA Technical Assistance Information on CD ROM is available at no cost.
- New or Proposed ADA Regulations
ADA requirements may change as regulations are modified to improve access or to make it easier for entities to comply with the ADA. When new requirements are proposed, a formal procedure is used which calls for public comment and agency review before the requirement is finalized.
- ADA Enforcement
Through lawsuits and settlement agreements, the Department of Justice has achieved greater access for individuals with disabilities in hundreds of cases. Under general rules governing lawsuits brought by the Federal government, the Department of Justice may not sue a party unless negotiations to settle the dispute have failed.
- ADA Materials Available FREE
The U.S. Department of Justice provides free ADA materials, Regulations and Technical Assistance Materials. Printed materials may be ordered by calling the ADA Information Line 1-800-514-0301or 1-800-514-0383(tt) . Automated service is available 24-hours a day for recorded information and to order publications. Publications are available in standard print as well as large print, audiotape, Braille, and computer disk.Regulations of PA Department of Labor and Industry cite ADA Accessibility Guidelines as required criteria for Occupancy Permit. (e.g. you can build a facility in Pennsylvania, but if you want to occupy it after it's built it, then facility must comply with ADAAG.) We don't need more law here. Federal ADA is law enough. What's needed is enforcement at state and local level. PA's L&I Occupancy Permit provides a useful vehicle for state and local (building inspector)level enforcement of ADA accessibility provisions - if we use it.
A directive of the PA Public Utility Commission requires the owner of public telephones - including COCOT phones - to provide accommodations (tty, etc.) compliant with ADA guidelines. This corrects a significant weakness in ADAAG.
Hearing Aid Insurance Coverage
Several measures related to hearing aid insurance coverage have been introduced in the current [2001-2002] session of the Pennsylvania General Assembly. These include:
- House Bill 961 which would mandate that "any insurer that provides health insurance or underwrites Medicare or Medicaid insurance for insureds residing in this Commonwealth shall provide coverage in such insurance for a hearing aid sold in accordance with section 403 of the act of November 24, 1976 (P.L.1182, No.262), known as the Hearing Aid Sales Registration Law."
- Senate Bill 517. The Children's Hearing Aid Insurance Act, providing that "A health insurance policy which is delivered, issued for delivery, renewed, extended or modified in this Commonwealth by a health care insurer shall provide that the health insurance benefits applicable under the policy include coverage for hearing aids for children under 18 years of age."
- House Bill 959 , provides that, "All persons who are eligible for public assistance shall be eligible for a hearing aid." [Interestingly, this bill does not appear to require that the public assistance clients actually need a hearing aid. What a bonanza this would be for the hearing aid dealers!]
Medicaid Provisions for Hearing Aids and/or Cochlear Implants
Hearing aid coverage is presently a state option under Medicaid. Pennsylvania has not yet elected to exercise that option. House Bill 961, pending in the 2001-2002 session of the legislature would provide Medicare and Medicaid hearing aid coverage. Another measure currently pending, House Bill 959, provides that, "All persons who are eligible for public assistance shall be eligible for a hearing aid." Neither bill contains provisions for cochlear implants.Pennsylvania Code § 1123.57. Hearing aids provides:
- (a) Payment for hearing aids is made only if the recipient is 20 years of age or younger and the hearing aids have been:
- (1) Prescribed through EPSDT program as described in Code § 1101.32(a)(1)(relating to coverage variations).
- (b) Payment for repairs to hearing aids owned by the recipient is made under the Medical Assistance program only when the invoice is accompanied by an itemized statement.
Source: The provisions of this § 1123.57 adopted May 9, 1980, effective July 1, 1980, 10 Pa.B. 1882; amended September 26, 1980, effective October 1, 1980, 10 Pa.B. 3796. Immediately preceding text appears at serial page (51228).
Licensure of Audiologists
Audiologists are licensed by the State Board of Examiners in Speech-Language and Hearing which regulates the practice and licensure of persons offering speech-language and hearing services in the Commonwealth of Pennsylvania. Authority: PL 1273 of 1984 as amended by Act 71 of 2000 which added provisions requiring continuing education for license renewal and provisions dealing with impaired professionals.
Mailing Address:
State Board of Examiners in Speech-Language & Hearing
Pennsylvania Department of State
P.O. Box 2649
Harrisburg, PA 17105-2649
Clara Flinchum, Board Administrator
Bureau of Professional & Occupational Affairs
e-mail bpoa@pados.dos.state.pa.us
(717) 783-1389 v
(717) 787-7769 fax
Number of Board Members: 10
The State Board of Examiners in Speech-Language and Hearing consists of the Commissioner of Professional and Occupational Affairs, two members representing the public, one licensed speech-language pathologist, one licensed audiologist, one teacher of the hearing impaired, and two members at large who are either speech-language pathologists, audiologists or teachers of the hearing impaired, however, each profession shall not be represented by more than two board members, and two physicians licensed to practice medicine, at least one of whom specializes in otolaryngology. All professional and public members are appointed by the Governor with the advise and consent of a majority of the members elected to the Senate.Appointees:
- Albert Masland, (Commissioner of Professional and Occupational Affairs)
- Rose Blecker,M.A., CCC/SL, Chairperson (speech-language pathologist)
- Sonya Wilt, Ph.D., CCC/SLP, (speech-language pathologist)
- Richard M. Angelo. Ph.D. (audiologist)
- George S. Osborne, Ph.D., (audiologist)
- Mary Sheila Coyne, M.Ed. (teacher of the hearing impaired)
- F. Irene Graybill, (public member)
- Linda G. Trabucco, B.S.N., J.D. (public member)
- Edward F. Sickel, M.D., (Physician - Otorhinolaryngologist)
- Carol L. St.George, D.O., (Osteopath - Otolaryngologist)
The Board publishes a Quarterly Newsletter available in Adobe® portable document format (.pdf). The Newsletter provides information about board membership, activities and disciplinary actions. [note: the most recent issue available on-line at the time of this posting appears to be Fall 2002]
The Pennsylvania Department of State maintains an on-line facility for Professional Licensure Status Verification
Board Meetings are held at 116 or 124 Pine Street in Harrisburg, begin at 9:30 a.m. and are open to the public. The Speech-Language and Hearing Licensure Act, 63 P.S. § 1701 et seq. is available to view of download in Adobe® portable document format (.pdf).
Regulations of the State Board of Examiners in Speech-Language and Hearing, 49 PA. CODE, Chapter 45.Initial Licensure Requirements:
Exemptions:
- Master's degree or equivalent. NOTE: For this section "equivalent" is defined as: holding a bachelor's degree and completion of a program of study comprised of 39 graduate semester hours with specific distribution requirements. Graduate semester hours in practicum may not be counted toward satisfying the 39 semester-hour requirement.
- 350 hr. clinical practicum
- Completion of one year supervised professional experience
- Passage of an examination
Reciprocity: The board may waive the education, experience and examination requirements for:
- Physicians and their employees/supervisees
- Hearing aid fitters
- Credentialed employees of public or state schools
- Students appropriately designated as such
- State employees
- Federal employees
Interim Practice/Temporary Licensure:
- Applicants licensed in another jurisdiction with equivalent standards who has submitted an application to the board.
- CCC holders.
Fees: (Biennial Renewal)
- Individuals who meet the state requirements for licensure or are licensed in another state with equivalent standards may provide services for no more than five days in any calendar year in cooperation with a state licensed practitioner.
Hearing Aid Dispensing:
- Initial license: $20
- Renewal: $46
- Continuing Education Requirement for Licensure Renewal
Support Personnel:
- AUDs who dispense hearing aids must obtain Hearing Aid Dealer license.
- Prior to the use of an assistant (SLP or AUD) the licensee must obtain evidence of ONE of the following:
a) completion of 30 semester hours or the equivalent from an accredited institution of higher education in the area of speech-language and hearing as specified for a CCC;
b) the individual has practiced as an assistant in the area of speech-language and hearing since at least June 8, 1989 under the supervision of a licensed SLP or AUD;
c) the individual has practiced as an assistant since at least June 8, 1989 under the supervision of a SLP or AUD licensed in another state which has requirements for assistants substantially equivalent to in-state requirements.- Prior to assigning a duty to an assistant, a licensee shall perform a task analysis of the expected duties of each assistant the licensee supervises and shall then train the assistant, with an emphasis on competency-based skill acquisition. A minimum of 20 hours of practical training for each duty is required.
- A licensee is not required to file with the Board a list of support personnel who do not engage in activities requiring formal education or training in the field of speech-language and hearing.
Equipment Distribution Program
The Telecommunication Device Distribution Program (TDDP) was created as a result of House Bill 961, Act 34-1995. This program helps deaf, deaf/blind, hard of hearing and/or speech impaired Pennsylvanians with limited income obtain the special equipment they need to enable them to communicate via the telephone lines. The Office of Vocational Rehabilitation has the role of overseer while the PA Statewide Independent Living Council (PA SILC) was designated to implement the program.The LiberTTY program is implemented by the Pennsylvania Statewide Independent Living Council (SILC) as designated by the Office of Vocational Rehabilitation (OVR). LiberTTY provides specialized equipment free of charge to eligible people who are deaf, hard of hearing, deaf-blind, and/or speech impaired so they can access telephone service.
Products/services offered:
- TTYs, which may have the following features:
- Voice Carryover
- Large visual display
- Braille display
- In-line amplifier
- Speaker phone
- Hands-free Speaker phone
- Amplified large-button Speaker phone
- Light signaller.
These products/services are offered to Pennsylvania residents six years of age or older, having a gross income not exceeding 200% of the Federal poverty level, who currently have telephone service, and have one of the following disabilities and the ability to learn how to use the requested device(s):
- Deafness
- Hard of Hearing
- Deaf-Blind
- Speech Impaired.
House Bill 961, Act 34-1995 allowed for a surcharge to be added to telephone bills to pay for the cost of the equipment supplied by our program.
Captioning of Movies
61 Pa Code §32.38 issued under section 270 of the Tax Reform Code of 1971 (72 P. S. § 7270). Captioning services for commercial movies are exempt from state sales tax.
Assistive Technology Low-Interest Financing Program:
Secretary of Community and Economic Development Sam McCullough announced $100,000 in state funding to improve access to assistive technology for people with disabilities. The Pennsylvania Assistive Technology Cash Loan Program will provide low-interest funding for Pennsylvanians with disabilities to purchase assistive technology equipment and services to improve the quality of their lives and to enable them to thrive in the workplace. The loan program will be administered by the non-profit Pennsylvania Assistive Technology Foundation, formed by the Pennsylvania Initiative on Assistive Technology (PIAT).Any Pennsylvanian with disabilities, or a family member or primary caregiver, is eligible to apply for loans, regardless of income, to purchase devices or services which meet the federal definition of assistive technology. Applications for the loan program will be available through PIAT's central office in Philadelphia; the group's nine regional Assistive Technology Resource Centers; local Centers for Independent Living; Easter Seal Society and United Cerebral Palsy Association offices throughout Pennsylvania; state offices and agencies; senior centers; and by calling PIAT toll free at 1-800-204-PIAT [1-800-204-7428].
PIAT is a federally funded, statewide project, affiliated with Temple University's Institute on Disabilities. The organization's goal is to improve access to assistive technology information, devices, services and funding for people with disabilities. PIAT works to promote public awareness of the benefits of assistive technology devices and services. Last year, the group cosponsored the state's first Assistive Technology Expo, attended by more than 1,500 Pennsylvanians.
The Pennsylvania Initiative on Assistive Technology (PIAT) is developing a Pennsylvania Assistive Technology Lending Library, a state-funded program for short-term loan devices to give individuals an opportunity to try new assistive technology devices before purchasing them. The group also is creating a Recycled Equipment Exchange Program where previously owned devices can be donated or listed for sale or trade. PIAT operates a toll-free hotline at 800-204-PIAT to provide information and referrals regarding assistive technology solutions. The organization also advocates on behalf of individuals experiencing difficulty in obtaining assistive technology devices and services.
Other Applicable Pennsylvania Laws
Online resources related to Pennsylvania laws include:
- Pennsylvania Disabilities Law Project
- Pennsylvania Statutes
A website written and maintained by Thomas E. Martin, Jr., Esq.- The Pennsylvania Code
- Pennsylvania Labor and Industry Laws and Regulations
- FindLaw
A collection of links to on-line Pennsylvania Law information.
DISCLAIMER: This document has been compiled for use by the SHHH Pennsylvania State Office as an information resource. Content is believed to be accurate at time of posting, however, much of the material is subject to frequent change. No warranty of accuracy or suitability for any particular use is made or implied. Information must be independently verified to assure currency and accuracy prior to use. The document should be regarded as a "work in progress". Please report any errors or omissions to Webmaster.
