Commerce, Occupational and Professional Licensing

Rule R156-41

Speech-Language Pathology and Audiology Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33865
Filed: 07/29/2010 09:09:55 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule filing is to implement H.B 396 passed during the 2010 Legislative Session by: 1) adding and clarifying definitions in Section R156-41-102; 2) defining the qualifications for the issuance of a temporary license to an audiologist or a speech-language pathologist in Sections R156-41-302b and R156-41-302c; and 3) clarifying and adding to the definitions of unprofessional conduct in Section R156-41-502. (DAR NOTE: H.B. 396 (2010) is found at Chapter 397, Laws of Utah 2010, and was effective 05/11/2010.)

Summary of the rule or change:

In Section R156-41-102, added definitions for "clinical externship" and "legal holder of an AuD in audiology". In Section R156-41-302a, renumbered the section number and updated statute citation references. Section R156-41-302b is a new section added to clarify the qualifications for the issuance of a 12-month temporary license in audiology. Section R156-41-302c is a new section added to clarify the qualifications for the issuance of a 12-month temporary license in speech-language pathology. In Section R156-41-502, amendments are made regarding the training of speech-language pathology/aides and to update the American Speech-Language Hearing Association's Code of Ethics. In addition, three new subsections are added making it unprofessional conduct to supervise more than two temporary licensees at one time and failing to comply with the requirements of Subsections R156-41-302b(2) and R156-41-302c(2).

State statutory or constitutional authorization for this rule:

• Subsection 58-1-202(1)(a)
• Subsection 58-1-106(1)(a)
• Section 58-41-1

This rule or change incorporates by reference the following material:

• Updatess: American Speech-Language Hearing Association (ASHA) Code of Ethics, 03/01/2010

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. Also, the Division does not anticipate any costs or savings beyond those identified in fiscal notes associated with H.B. 396.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. For applicants/students in either audiology or speech-language pathology who apply for a temporary license, there will be a $50 application fee. It is unknown how many students will apply for the temporary license; as a result no aggregate impact can be determined.

Compliance costs for affected persons:

The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. For applicants/students in either audiology or speech-language pathology who apply for a temporary license, there will be a $50 application fee.

Comments by the department head on the fiscal impact the rule may have on businesses:

As stated in the rule summary, this filing which clarifies and updates the rule to comport with new statutory amendments, appears to result in no fiscal impact to businesses beyond those addressed by the Legislature in passing the statutory amendments.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/14/2010

Interested persons may attend a public hearing regarding this rule:

• 08/24/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475, Salt Lake City, UT

This rule may become effective on:

09/21/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-41. Speech-Language Pathology and Audiology Licensing Act Rule.

R156-41-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 41, as used in Title 58, Chapters 1 and 41, or this rule:

(1) "Audio electronic equipment" as used in Subsection 58-41-2(3) means equipment proven in use, accepted and standard to the profession, of known quality and function, well maintained, in current calibration and presenting no hazard to the operator or client.

(2) "Clinical externship", as used in Section R156-41-302b, means the same as a clinical fellowship as used in Subsection 58-41-5.5(1)(a)(ii).

([2]3) "Direct supervision" as used in Subsections 58-41-2(5)(c), 58-41-2(20)(c), and this rule, means supervision as defined in Subsection R156-1-102a(4)(a).

([3]4) "Evoked potentials evaluation", as used in Subsection 58-41-2(4), includes neurophysiological intraoperative monitoring.

(5) "Legal holder of an AuD in audiology", as used in Subsection 58-41-5(1)(c), means an applicant for temporary licensure as an audiologist who holds a letter from an accredited university or college, verifying the applicant is currently enrolled and has completed all the course work in a program of studies necessary to complete a doctors degree in audiology except for the completion of a clinical externship.

([4]6) "Professional training" as set forth in Subsection 58-41-12(2) means continuing professional education that meets the standards set forth in Section R156-41-304.

([5]7) "Substitute supervisor", as used in this rule, means a licensee who is designated by the supervisor to provide limited supervision to an aide. The substitute supervisor shall be licensed in the same discipline in which the aide is functioning.

([6]8) "Supervision", as used in this rule, means a supervisor-supervisee relationship requiring the supervisor to be responsible for the professional performance by the supervisee. This includes a substitute supervisor-supervisee relationship.

([7]9) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 41, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-41-502.

 

R156-41-302 a . Qualifications for Licensure - Application Requirements .

In accordance with Section 58-41-5, ASHA certification as a speech-language pathologist or audiologist is one acceptable method to document that an individual has completed the requirements of Subsections 58-41-5[(3) through (7)](1)(f) and (4)(e).

 

R156-41-302b. Qualifications for Licensure - Temporary Licensure - Audiology.

In accordance with Section 58-41-5.5, the Division may issue a temporary license to an applicant for an audiology license for not more than 12 months to complete a clinical externship required for an AuD under the following conditions:

(1) The licensee shall work under general supervision, as defined in Subsection R156-1-102a(4)(c), of an audiologist licensed in Utah and approved by the Division.

(2) The supervising audiologist shall:

(a) have been licensed for not less than two years;

(b) not have been disciplined for any unprofessional or unlawful conduct within two years of the start of any supervision of a clinical externship program;

(c) assume responsibility for all audiology activities and services performed by the temporary licensee;

(d) not begin the supervision until the applicant holds a temporary license; and

(e) supervise no more than two temporary licensees at any given time.

(3) Any change in the supervising audiologist shall be preapproved by the Division.

 

R156-41-302c. Qualifications for Licensure - Temporary Licensure - Speech-Language Pathology.

In accordance with Section 58-41-5.5, the Division may issue a temporary license to an applicant for a speech-language pathology license for a period of not more than 12 months to complete a clinical fellowship as required by ASHA under the following conditions:

(1) The licensee shall work under the general supervision, as defined in Subsection R156-1-102a(4)(c), of a speech-language pathologist licensed in Utah and approved by the Division.

(2) The supervision speech-language pathologist shall:

(a) have been licensed for not less than two years;

(b) not have been disciplined for any unprofessional or unlawful conduct within two years of the start of any supervision of a clinical externship program;

(c) assume responsibility for all speech-language pathology activities and services performed by the temporary licensee;

(d) not begin the supervision until the applicant holds a temporary license; and

(e) supervise no more than two temporary licensees at any given time.

(3) Any change in the supervising speech-language pathologist shall be preapproved by the Division.

 

R156-41-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) using an educational title conferred by an organization or institution that is not a regionally accredited college or university;

(2) engaging in sexual intercourse or other sexual contact with a client or patient;

(3) exercising undue influence in a manner as to exploit the client, patient, or supervisee for financial or other personal advantage to the practitioner or a third party;

(4) [inappropriate] us[e]ing [of] or training [of]audiology or speech-language pathology[/audiology] aides as defined in Subsections 58-41-2(5) and (2) and inappropriately failing to follow the standards set forth in Section R156-41-601[by the board and the division];[ and]

(5) [failure]failing to comply with the American Speech-Language Hearing Association's (ASHA) Code of Ethics, [January 1, 2003]March 1, 2010 edition, which is hereby incorporated by reference ;

(6) supervising more than two audiology or speech-language pathology temporary licensees at one time;

(7) failing as an audiologist supervisor to comply with any of the requirements of Subsection R156-41-302b(2); and

(8) failing as a speech-language pathologist supervisor to comply with any of the requirements of Subsection R156-41-302c(2).

 

KEY: licensing, speech-language pathology, audiology

Date of Enactment or Last Substantive Amendment: [July 14, 2008]2010

Notice of Continuation: February 1, 2007

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-41-1