Commerce, Occupational and Professional Licensing

Rule R156-41

Speech-Language Pathology and Audiology Licensing Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 35484
Filed: 11/29/2011 11:52:16 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 41, provides for the licensure of speech-language pathologists and audiologists. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-41-6(3) provides that the Speech-Language Pathologist and Audiologist Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 41, with respect to speech-language pathologists and audiologists.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since the rule was last reviewed in 2007, it has been amended two times. The Division received a 09/02/2010 email from Hunter Finch in which he notified the Division of an incorrect statute citation in a proposed rule amendment filing. The Division corrected the statute citation in a nonsubstantive rule filing which was filed on 09/21/2010. The Division also received a 07/02/2008 email from Sheryl Spriet regarding the proposed supervision definition amendment. During a 07/16/2008 Board meeting, the concerns from Ms. Spriet were reviewed and discussed with the board and it was determined that even though the Division's definition of "direct supervision" is more lenient than American Speech and Hearing Association (ASHA) definitions regarding supervision, all speech-language pathologist and audiologist licensees are required to adhere to the ASHA standards of practice.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 41, with respect to speech-language pathologists and audiologists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions and ethical standards relating to the profession.

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

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

Authorized by:

Mark Steinagel, Director

Effective:

11/29/2011