58-41-305. Exemptions from chapter.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)The following individuals may engage in the practice of speech-language pathology or the practice of audiology subject to the stated circumstances and limitations without being a licensed individual:

(a)a qualified individual licensed in this state under law existing in this state before May 13, 1975, engaging in the profession for which the individual is licensed;

(b)a physician or a physician's assistant;

(c)except as provided in Subsection

(2), a hearing instrument dealer or salesperson selling, fitting, adjusting, and repairing a hearing instrument, and conducting hearing tests solely for that purpose;

(d)a person who has obtained a valid and current credential issued by the State Board of Education while specifically performing the functions of a speech-language pathologist or audiologist solely within the confines of, under the direction and jurisdiction of, and in the academic interest of the school employing the person;

(e)an individual that a federal government agency or subdivision or, before July 1, 1989, a state or local government agency or subdivision, employs as a speech-language pathologist or audiologist while performing a speech-language pathology or audiology service within the confines of, under the direction and jurisdiction of, and in the specific interest of the agency or subdivision;

(f)an individual identified in Subsections (1)(d) and

(e)may offer lectures for compensation without being a licensed individual;

(g)an individual an accredited college or university employs as a speech-language pathologist or audiologist performing a service or function this chapter describes if the individual provides the service or function:

(i)solely as an assigned teaching function of the individual's employment;

(ii)solely in academic interest and pursuit as a function of the individual's employment;

(iii)in no way for the individual's own interest; and

(iv)for no compensation other than the individual's institutional salary;

(h)an individual pursuing a course of study leading to a degree in speech-language pathology or audiology while enrolled in an accredited college or university, provided:

(i)those activities constitute an assigned, directed, and supervised part of the individual's study, and in no other interest;

(ii)that examinations, tests, histories, charts, progress notes, reports, correspondence, documents, and records the individual produces are clearly identified as having been conducted and prepared by a student in training;

(iii)that the individual is obviously identified and designated by appropriate title clearly indicating the individual's training status; and

(iv)that the individual does not hold out directly or indirectly to the public or otherwise represent that the individual is qualified to practice independently;

(i)an individual trained in elementary audiometry and qualified to perform basic audiometric tests while employed by and under the direct supervision of a licensed medical doctor to perform solely for the licensed medical doctor, the elementary conventional audiometric tests of air conduction screening, air conduction threshold testing, and tympanometry;

(j)an individual performing the functions of a speech-language pathologist or audiologist for the sole purpose of obtaining required professional experience under the provisions of this chapter and only during the period the individual is obtaining the required professional experience, if the individual meets the training requirements;

(k)a person engaging in speech-language pathology or audiology services without certification or license, if acting only through an employee who is a licensed individual or consisting only of licensed individuals;

(l)an individual who is not a resident of this state performing a speech-language pathology or audiology service in this state if:

(i)the individual performs the service for no more than one month in any calendar year in connection with a licensed speech-language pathologist or a licensed audiologist; and

(ii)the individual meets the qualifications and examination requirements for application for licensure described in Section 58-41-301 ;

(m)an individual certified under Title 53E, Public Education System -- State Administration , as a teacher of the deaf, providing a service or performing a function that the individual is certified to perform;

(n)an individual who is:

(i)trained in newborn hearing screening as the Department of Health and Human Services describes in rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act ; and

(ii)working under the indirect supervision of a licensed audiologist responsible for a newborn hearing screening program the Department of Health and Human Services makes under Section 26B-4-319 ; and

(o)an individual who is exempt under Section 58-1-307 .

(i)A hearing instrument specialist may not fit or test an individual's hearing aid, or test the individual's hearing if the individual is less than 18 years old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid.

(ii)A hearing instrument specialist may not fit or test an individual's hearing aid, or test the individual's hearing if the individual is less than six years old.

(b)The medical evaluation in Subsection (2)(a)(i) shall have taken place no more than six months before the day on which the hearing instrument specialist fits or tests the hearing aid or the hearing of the individual.

(c)The written statement in Subsection (2)(a)(i) shall be signed by:

(i)a physician or surgeon licensed under Title 58, Chapter 67, Utah Medical Practice Act;

(ii)an osteopathic physician licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act;

(iii)a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act; or

(iv)an audiologist licensed under this chapter.

(3)No individual is exempt from this chapter if the individual performs or provides a service as a speech-language pathologist or an audiologist:

(a)for compensation that the recipient of the service pays; or

(b)for compensation that is outside the scope of the individual's employment position as a speech-language pathologist or an audiologist in a branch or subdivision of local, state, or federal government, or as otherwise identified in this section.

(4)The State Board of Education may not issue a credential to a person performing the functions of a speech-language pathologist or audiologist on or after May 6, 2026.

Renumbered and Amended by Chapter 140 , 2026 General Session