Chapter 0250 - 551R - S Ver of SB1458

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-1901, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1901. Definitions

In this chapter, unless the context otherwise requires:

1. "Accredited program" means a program leading to the award of a degree in audiology that is accredited by an organization recognized for that purpose by the United States department of education.

2. "Approved training program" means a postsecondary speech-language pathology assistant training program that is approved by the director.

3. "Assistive listening device or system" means an amplification system that is specifically designed to improve the signal-to-noise ratio for the listener who is hearing impaired deaf or hard of hearing, to reduce interference from noise in the background and to enhance hearing levels at a distance by picking up sound from as close to the source as possible and sending it directly to the ear of the listener, excluding hearing aids.

4. "Audiologist" means a person who engages in the practice of audiology and who meets the requirements prescribed in this chapter.

5. "Audiology" means the nonmedical and nonsurgical application of principles, methods and procedures of measurement, testing, evaluation and prediction that are related to hearing, its disorders and related communication impairments for the purpose of nonmedical diagnosis, prevention, amelioration or modification of these disorders and conditions.

6. "Clinical interaction" means a fieldwork practicum in speech-language pathology that is supervised by a licensed speech-language pathologist.

7. "Department" means the department of health services.

8. "Direct supervision":

(a) Means the on-site, in-view observation a licensed speech-language pathologist observes and guidance of guides a speech-language pathology assistant by a licensed speech-language pathologist while the speech-language pathology assistant performs an assigned clinical activity.

(b) Includes the supervising licensed speech-language pathologist viewing and communicating with the speech-language pathology assistant via telecommunication technology as the speech-language pathology assistant provides clinical activities if the supervising licensed speech-language pathologist can provide ongoing immediate feedback throughout the clinical activity being provided.

9. "Director" means the director of the department.

10. "Disorders of communication" means an organic or nonorganic condition that impedes the normal process of human communication and includes disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition and communications and oral, pharyngeal and laryngeal sensorimotor competencies.

11. "Disorders of hearing" means an organic or nonorganic condition, whether peripheral or central, that impedes the normal process of human communication and includes disorders of auditory sensitivity, acuity, function or processing.

12. "Hearing aid" means any wearable instrument or device designed for or represented as aiding or improving human hearing or as aiding, improving or compensating for defective human hearing, and any parts, attachments or accessories of the instrument or device, including ear molds, but excluding batteries and cords.

13. "Hearing aid dispenser" means any person who engages in the practice of fitting and dispensing hearing aids.

14. "Indirect supervision" means supervisory activities, other than direct supervision, that are performed by a licensed speech-language pathologist and that may include consultation, record review consulting, reviewing records and review reviewing and evaluation of evaluating audiotaped or videotaped sessions.

15. "Letter of concern" means an advisory letter to notify a licensee that, while there is insufficient evidence to support disciplinary action, the director believes the licensee should modify or eliminate certain practices and that continuation of the activities that led to the information being submitted to the director may result in action against the licensee.

16. "License" means a license issued by the director under this chapter and includes a temporary license.

17. "Nonmedical diagnosing" means the art or act of identifying a communication disorder from its signs and symptoms. Nonmedical diagnosing does not include diagnosing a medical disease.

18. "Practice of audiology" means:

(a) Rendering or offering to render to a person or persons who have or who are suspected of having disorders of hearing any service in audiology, including prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction and research.

(b) Participating in hearing conservation, hearing aid and assistive listening device evaluation and hearing aid prescription preparation, fitting, dispensing and orientation.

(c) Screening, identifying, assessing, nonmedical diagnosing, preventing and rehabilitating peripheral and central auditory system dysfunctions.

(d) Providing and interpreting behavioral and physiological measurements of auditory and vestibular functions.

(e) Selecting, fitting and dispensing assistive listening and alerting devices and other systems and providing training in their use.

(f) Providing aural rehabilitation and related counseling services to hearing impaired persons who are deaf or hard of hearing and their families.

(g) Screening speech-language and other factors that affect communication function in order to conduct an audiologic evaluation and an initial identification of persons with other communications disorders and making the appropriate referral.

(h) Planning, directing, conducting or supervising services.

19. "Practice of fitting and dispensing hearing aids":

(a) Means the measurement of measuring human hearing by means of an audiometer or by any other means, solely for the purpose of making selections or adaptations of hearing aids, and the fitting, sale selling and servicing of hearing aids, including assistive listening devices, and the making of impressions for ear molds. and

(b) Includes identification, instruction, consultation, rehabilitation and hearing conservation as these relate only to hearing aids and related devices and, at the request of a physician or another licensed health care professional, the making of audiograms for the professional's use in consultation with the hearing impaired persons who are deaf or hard of hearing. The practice of fitting and dispensing hearing aids

20. "Practice of speech-language pathology" means:

(a) Rendering or offering to render to an individual or groups of individuals who have or are suspected of having disorders of communication service in speech-language pathology, including prevention, identification, evaluation, consultation, habilitation, rehabilitation, instruction and research.

(b) Screening, identifying, assessing, interpreting, nonmedical diagnosing and rehabilitating disorders of speech and language.

(c) Screening, identifying, assessing, interpreting, nonmedical diagnosing and rehabilitating disorders of oral-pharyngeal functions and related disorders.

(d) Screening, identifying, assessing, interpreting, nonmedical diagnosing and rehabilitating cognitive and communication disorders.

(e) Assessing, selecting and developing augmentative and alternative communication systems and providing training in the use of using these systems and assistive listening devices.

(f) Providing aural rehabilitation and related counseling services to hearing impaired persons who are deaf or hard of hearing and their families.

(g) Enhancing speech-language proficiency and communication effectiveness.

(h) Screening hearing and other factors for speech-language evaluation and initially identifying persons with other communication disorders and making the appropriate referral.

21. "Regular license" means each type of license issued by the director, except a temporary license.

22. "Sell" or "sale" means a transfer of title or of the right to use by lease, bailment or any other contract, but does not include transfers at wholesale to distributors or dealers.

23. "Speech-language pathology" means the nonmedical and nonsurgical application of principles, methods and procedures of assessment, testing, evaluation and prediction related to speech and language and its disorders and related communication impairments for the nonmedical diagnosis, prevention, amelioration or modification of these disorders and conditions.

24. "Speech-language pathology assistant" means a person who provides services prescribed in section 36-1940.04 and under the direction and supervision of a speech-language pathologist licensed pursuant to this chapter.

25. "Sponsor" means a person who is licensed pursuant to this chapter and who agrees to train or directly supervise a temporary licensee in the same field of practice.

26. "Temporary licensee" means a person who is licensed under this chapter for a specified period of time under the sponsorship of a person licensed pursuant to this chapter.

27. "Unprofessional conduct" means:

(a) Obtaining any fee or making any sale by fraud or misrepresentation.

(b) Employing directly or indirectly any suspended or unlicensed person to perform any work covered by this chapter.

(c) Using, or causing or promoting the use of, any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or other representation, however disseminated or published, that is misleading, deceiving, improbable or untruthful.

(d) Advertising for sale a particular model, type or kind of product when purchasers or prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type or kind if the purpose of the advertisement is to obtain prospects for the sale of a different model, type or kind than that advertised.

(e) Representing that the professional services or advice of a physician will be used or made available in the selling, fitting, adjustment, maintenance adjusting, maintaining or repair of repairing hearing aids if this is not true, or using the words "doctor", "clinic", "clinical" or like words, abbreviations or symbols while failing to affix the word, term or initials "audiology", "audiologic", "audiologist", "doctor of audiology", "Au.D.", "Ph.D." or "Sc.D.".

(f) Defaming competitors by falsely imputing to them dishonorable conduct, inability to perform contracts or questionable credit standing or by other false representations, or falsely disparaging the products of competitors in any respect, or their business methods, selling prices, values, credit terms, policies or services.

(g) Displaying competitive products in the licensee's show window, shop or advertising in such manner as to falsely disparage such products.

(h) Representing falsely that competitors are unreliable.

(i) Quoting prices of competitive products without disclosing that they are not the current prices, or showing, demonstrating or representing competitive models as being current models when they are not current models.

(j) Imitating or simulating the trademarks, trade names, brands or labels of competitors with the capacity, tendency or effect of misleading or deceiving purchasers or prospective purchasers.

(k) Using in the licensee's advertising the name, model name or trademark of a particular manufacturer of hearing aids in such a manner as to imply a relationship with the manufacturer that does not exist, or otherwise to mislead or deceive purchasers or prospective purchasers.

(l) Using any trade name, corporate name, trademark or other trade designation that has the capacity, tendency or effect of misleading or deceiving purchasers or prospective purchasers as to the name, nature or origin of any product of the industry, or of any material used in the product, or that is false, deceptive or misleading in any other material respect.

(m) Obtaining information concerning the business of a competitor by bribery of an employee or agent of that competitor, by false or misleading statements or representations, by the impersonation of one in authority, or by any other unfair means.

(n) Giving directly or indirectly, offering to give, or permitting allowing or causing to be given money or anything of value, except miscellaneous advertising items of nominal value, to any person who advises another in a professional capacity as an inducement to influence that person or have that person influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dispenser, or to influence persons to refrain from dealing in the products of competitors.

(o) Sharing any profits or sharing any percentage of a licensee's income with any person who advises another in a professional capacity as an inducement to influence that person or have that person influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dispenser or to dissuade persons from dealing in products of competitors.

(p) Failing to comply with existing federal regulations regarding the fitting and dispensing of a hearing aid.

(q) Conviction Being convicted of a felony or a misdemeanor that involves moral turpitude.

(r) Fraudulently obtaining or attempting to obtain a license or a temporary license for the applicant, the licensee or another person.

(s) Aiding or abetting unlicensed practice.

(t) Wilfully making or filing a false audiology, speech-language pathology or hearing aid dispenser evaluation.

(u) The use of Using narcotics, alcohol or drugs to the extent that the performance of performing professional duties is impaired.

(v) Betraying a professional confidence.

(w) Engaging in any conduct, practice or condition that impairs the ability of the licensee to safely and competently engage in the practice of audiology, speech-language pathology or hearing aid dispensing.

(x) Providing services or promoting the sale of devices, appliances or products to a person who cannot reasonably be expected to benefit from these services, devices, appliances or products.

(y) Being disciplined by a licensing or disciplinary authority of any state, territory or district of this country for an act that is grounds for disciplinary action under this chapter.

(z) Violating any provision of this chapter or failing to comply with rules adopted pursuant to this chapter.

(aa) Failing to refer an individual for medical evaluation if a condition exists that is amenable to surgical or medical intervention prescribed by the advisory committee and consistent with federal regulations.

(bb) Practicing in a field or area within that licensee's defined scope of practice in which the licensee has not either been tested, taken a course leading to a degree, received supervised training, taken a continuing education course or had adequate prior experience.

(cc) Failing to affix the word, term or initials "audiology", "audiologic", "audiologist", "doctor of audiology", "Au.D.", "Ph.D." or "Sc.D." in any sign, written communication or advertising media in which the term "doctor" or the abbreviation "Dr." is used in relation to the audiologist holding a doctoral degree. END_STATUTE

Sec. 2. Section 36-1902, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1902. Powers and duties of the director; advisory committee; members

A. The director shall:

1. Appoint an advisory committee to collaborate with and assist the director and to perform duties as prescribed by this chapter. The director shall inform the advisory committee regarding all disciplinary actions.

2. 1. Supervise and administer qualifying examinations to test the knowledge and proficiency of applicants for a hearing aid dispenser's license.

3. 2. Designate the time and place for holding examinations for a hearing aid dispenser's license.

4. 3. License persons who apply for and pass the examination for a license, and who possess all other qualifications required for the practice of fitting and dispensing hearing aids, the practice of audiology and the practice of speech-language pathology.

5. 4. License persons who apply for a license and who possess all other qualifications required for licensure as a speech-language pathology assistant.

6. 5. Authorize all disbursements necessary to carry out this chapter.

7. 6. Ensure the public's health and safety by adopting and enforcing qualification standards for licensees and applicants for licensure under this chapter.

7. Appoint an advisory committee to assist in examining applicants for a hearing aid dispenser's license and to collaborate with and assist the director in disciplinary matters, if requested, or any other duties prescribed in this chapter.

B. The director may:

1. Purchase and maintain, or rent, equipment and facilities necessary to carry out the examination of applicants for a license.

2. Issue and renew a license.

3. Deny, suspend, revoke or refuse renewal of a license or file a letter of concern, issue a decree of censure, prescribe probation, impose a civil penalty or restrict or limit the practice of a licensee pursuant to this chapter.

4. Appoint an examining committee to assist in the conduct of the examination of applicants for a hearing aid dispenser's license.

5. 4. Make and publish rules that are not inconsistent with the laws of this state and that are necessary to carry out this chapter.

6. 5. Require the periodic inspection of testing equipment and facilities of persons engaging who are engaged in the practice of fitting and dispensing hearing aids, the practice of audiology and the practice of speech-language pathology.

7. 6. Require a licensee to produce customer records of patients involved in complaints on file with the department.

C. The advisory committee appointed pursuant to subsection A, paragraph 1 7 of this section consists of the following members:

1. The director or the director's designee. ,

2. Two physicians who are licensed under title 32, chapter 13 or 17, one of whom is a specialist in otolaryngology. ,

3. Two licensed audiologists, one of whom dispenses hearing aids. ,

4. Two licensed speech-language pathologists, one of whom provides services in a school setting.

5. Two public members, one of whom is hearing impaired, deaf or hard of hearing.

6. One member of the Arizona commission for the deaf and the hard of hearing who is not licensed pursuant to this chapter. and

7. Two licensed hearing aid dispensers who are not licensed to practice audiology.

8. Two licensed speech-language pathology assistants.

D. Committee members who are licensed under this chapter shall have at least five years' experience immediately preceding the appointment in their field of practice in this state. committee members shall serve a two-year term.

D. The examining committee authorized pursuant to subsection B, paragraph 4 consists of one otolaryngologist, two licensed dispensing audiologists and two licensed hearing aid dispensers. Committee members who are licensed under this chapter shall have at least five years' experience immediately preceding the appointment in their field of practice in this state. The findings of the examining committee shall be advisory to the director.

E. The director shall verify that the each audiology licensee has passed a nationally recognized examination approved by the director.

F. The director shall verify that the each speech-language pathology licensee has passed a nationally recognized examination approved by the director.

G. The director may recognize a nationally recognized speech-language hearing association or audiology association examination, or both, as an approved examination.

H. The advisory committee shall provide recommendations to the director in the following areas, on which the director shall act within a reasonable period of time:

1. Issuance and renewal of a license.

2. Prescribing disciplinary procedures.

3. Appointment of an examining committee to assist in the conduct of the examination of applicants for a hearing aid dispenser's license.

4. Adopting rules that are not inconsistent with the laws of this state and that are necessary to carry out this chapter.

5. Requiring the periodic inspection of testing equipment and facilities of persons engaging in the practice of fitting and dispensing hearing aids, audiology and speech-language pathology.

6. Requiring a licensee to produce customer records of patients involved in complaints on file with the department of health services. END_STATUTE

Sec. 3. Section 36-1904, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1904. Issuance of license; renewal of license; continuing education; military members

A. The director shall issue a regular license to each applicant who meets the requirements of this chapter. A regular license is valid for two years.

B. A licensee shall renew a regular license every two years on payment of the renewal fee prescribed in section 36-1908. There is a thirty-day grace period after the expiration of a regular license. During this period the licensee may renew a regular license on payment of a late fee in addition to the renewal fee.

C. When renewing a regular license as a hearing aid dispenser, the licensee shall provide proof of having completed at least twenty-four hours of continuing education within the prior twenty-four months. Courses sponsored by a single manufacturer of hearing aids may not satisfy more than eight hours of continuing education within the prior twenty-four months. At least eight hours of continuing education must be from courses taught in person that offer a hands-on opportunity for instruction in dispensing-related techniques. Courses on topics that provide a hearing aid dispenser an opportunity to stay current on business or client service practices or trends in the profession or that contribute to the professional or business competence of a hearing aid dispenser may qualify for up to one-third of the continuing education requirement. The in-person course requirement may be waived by the director:

1. for all licensees, in the event of a public health emergency declaration.

2. for an individual licensee, in the event of a bona fide emergency that prevents the licensee from attending in-person courses for an indefinite period of time.

D. When renewing a regular license in audiology or in speech-language pathology, the licensee shall provide proof of having completed at least twenty hours of continuing education within the prior twenty-four months. Courses sponsored by a single manufacturer of hearing aids may not satisfy more than eight hours of continuing education within the prior twenty-four months for persons with a license in audiology.

E. The director by rule shall provide standards for continuing education courses required by this section. Educational courses that are developed by professional organizations of hearing aid dispensers, audiologists or speech language pathologists and that are used by those associations to comply with continuing education requirements are deemed to comply with department standards.

F. The director may refuse to renew a regular license for any cause provided in section 36-1934.

G. A person who does not renew a regular license as prescribed by this section shall apply for a new license pursuant to the requirements of this chapter. If an application is received by the director within one year after the expiration date of the license, the applicant is not required to take an examination.

H. A person who reapplies for a regular license issued pursuant to this chapter must provide proof of completion of the continuing education hours prescribed by subsection C or D of this section within the previous twenty-four months before the date of reapplication.

I. A license issued pursuant to this chapter to any member of the Arizona national guard or the United States armed forces reserves does not expire while the member is serving on federal active duty and is extended one hundred eighty days after the member returns from federal active duty if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member. A license issued pursuant to this chapter to any member serving in the regular component of the United States armed forces is extended one hundred eighty days after the date of expiration if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member. If the license is renewed during the applicable extended time period after the member returns from federal active duty, the member is responsible only for normal fees and activities relating to renewal of the license and shall not be charged any additional costs such as late fees or delinquency fees. The member, or the legal representative of the member, shall present to the director a copy of the member's official military orders, a redacted military identification card or a written verification from the member's commanding officer before the end of the applicable extended time period in order to qualify for the extension.

J. A license issued pursuant to this chapter to any member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces does not expire and is extended one hundred eighty days after the date the military member is able to perform activities necessary under the license if the member both:

1. Is released from active duty service.

2. Suffers an injury as a result of active duty service that temporarily prevents the member from being able to perform activities necessary under the license. END_STATUTE

Sec. 4. Section 36-1906, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1906. Registering place of business with director

A. A person who holds a license shall notify the director in writing of the address of the place or places where the person engages in the practice of fitting and dispensing hearing aids, the practice of audiology or the practice of speech-language pathology and of any subsequent change of address.

B. The director shall keep a record of the places of practice of persons who hold licenses. Any notice required to be given by the director to a person who holds a license may be given by mailing it to that person at the address given by that person to the director. END_STATUTE

Sec. 5. Repeal

Section 36-1910, Arizona Revised Statutes, is repealed.

Sec. 6. Section 36-1922, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1922. Reciprocity

A. The director may issue a license to a person who is currently licensed in another state or jurisdiction that the director determines meets the minimum licensure requirements of this chapter. The person shall apply for licensure and pay all applicable fees as prescribed by this chapter and shall pass an examination approved by the director in jurisprudence and ethics related to this chapter within six months after initial licensure. The director shall offer the examination at least four times each calendar year.

B. The applicant shall provide information the director determines is necessary to investigate the status of the applicant's current license. END_STATUTE

Sec. 7. Title 36, chapter 17, article 2, Arizona Revised Statutes, is amended by adding section 36-1925, to read:

START_STATUTE36-1925. Educational materials; bills of sale; notice requirements

The department shall establish an awareness campaign for hearing aid dispensers and post on its website educational materials regarding the bill of sale notice requirements prescribed in section 36-1909. END_STATUTE

Sec. 8. Section 36-1934, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1934. Denial, revocation or suspension of license; hearings; alternative sanctions

A. The director may deny, revoke or suspend a license issued under this chapter for any of the following reasons:

1. Conviction Being convicted of a felony or misdemeanor involving moral turpitude. The record of the conviction or a certified copy from the clerk of the court where the conviction occurred or from the judge of that court is sufficient evidence of conviction.

2. Securing a license under this chapter through fraud or deceit.

3. Committing unprofessional conduct, or incompetence in the conduct of his the licensee's practice.

4. Using a false name or alias in the licensee's professional practice of his profession.

5. Violating any of the provisions of this chapter.

6. Failing to comply with existing federal regulations regarding the fitting and dispensing of a hearing aid.

B. If the director determines pursuant to a hearing that grounds exist to revoke or suspend a license, the director may do so permanently or for a fixed period of time and may impose conditions as prescribed by rule.

C. The department may deny a license without holding a hearing. After receiving notification of the denial, the applicant may request a hearing to review the denial.

D. The department shall conduct any hearing to revoke or suspend a license or impose a civil penalty under section 36-1939 pursuant to title 41, chapter 6, article 10.

E. Instead of denying, revoking or suspending a license, the director may file a letter of concern, issue a decree of censure, prescribe a period of probation or restrict or limit the practice of a licensee.

F. The director shall promptly notify a licensee's employer if the director initiates a disciplinary action against the licensee. END_STATUTE

Sec. 9. Section 36-1940.04, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1940.04. Speech-language pathology assistants; licensure requirements; scope of practice; supervision

A. A person who wishes to be licensed as a speech-language pathologist pathology assistant shall:

1. Submit a nonrefundable application fee as prescribed by section 36-1908.

2. Submit written evidence satisfactory to the director that the applicant has completed:

(a) An approved training program for speech-language pathology assistants or the equivalent from a nationally or regionally accredited college or university that consisted of a minimum of sixty semester credit hours of course work coursework with the following curriculum content:

(i) Twenty to forty semester credit hours of general education or a bachelor's degree.

(ii) Twenty to forty semester credit hours of speech-language pathology technical course work coursework.

(b) A minimum of one hundred hours of clinical interaction that does not include observation, under the supervision of a licensed master's level speech-language pathologist.

3. Be of good moral character.

4. Not have had a license revoked or suspended by a state within the past two years and is not be presently ineligible for licensure in any state because of a prior revocation or suspension.

B. The director shall grant a waiver of the requirements for licensure as provided by subsection A of this section until September 1, 2007 to individuals who have performed the functions of a speech-language pathology assistant if the individual:

1. Has completed a minimum of forty semester credit hours of speech-language pathology technical course work.

2. Has satisfactorily completed a minimum of two years of experience as a speech-language pathology assistant under the supervision of a licensed master’s level speech-language pathologist.

3. Is of good moral character.

4. Has not had a license revoked or suspended by a state within the past two years and is not presently ineligible for licensure in any state because of a prior revocation or suspension.

B. The director may waive the requirements of subsection A, paragraph 2 of this section if the applicant holds certification as a speech-language pathology assistant from a nationally recognized speech-language hearing association approved by the department in the field for which the applicant is applying for licensure.

C. A speech-language pathology assistant may do the following under the supervision of the a licensed speech-language pathologist:

1. Conduct speech and language screenings without interpretation, using screening protocols specified by the supervising speech-language pathologist.

2. Provide direct treatment assistance, including feeding for nutritional purposes to patients, clients or students except for patients, clients or students with dysphagia, identified by the supervising speech-language pathologist by following written treatment plans, individualized education programs, individual support plans or protocols developed by the supervising speech-language pathologist.

3. Document patient, client or student progress toward meeting established objectives as stated in the treatment plan, individual support plan or individualized education program without interpretation of interpreting the findings, and report this information to the supervising speech-language pathologist.

4. Assist the speech-language pathologist in the collecting and tallying of data for assessment purposes, without interpretation of interpreting the data.

5. Act as a second-language interpreter during assessments.

6. Assist with informal documentation during an intervention session by collecting and tallying data as directed by the speech-language pathologist, preparing materials and assisting with other clerical duties as specified by the supervising speech-language pathologist.

7. Schedule activities and prepare charts, records, graphs or other displays of data.

8. Perform checks and maintenance of equipment.

9. Participate with the speech-language pathologist in research projects, in-service training and public relations programs.

10. Sign and initial treatment notes for review and co-signature cosignature by the supervising speech-language pathologist.

D. A speech-language pathology assistant shall not:

1. Conduct swallowing screening, assessment and intervention protocols, including modified barium swallow studies.

2. Administer standardized or nonstandardized diagnostic tests, or formal or informal evaluations or interpret test results.

3. Participate in parent conferences, case conferences or any interdisciplinary team meeting without the presence of the supervising speech-language pathologist, except for individualized education program or individual support plan meetings if the licensed speech speech-language pathologist has been excused by the individualized education program team or the individual support plan team.

4. Write, develop or modify a patient's, client's or student's treatment plan, individual support plan or individualized education program in any way.

5. Provide intervention for patients, clients or students without following the treatment plan, individual support plan or individualized education program prepared by the supervising speech-language pathologist.

6. Sign any formal documents, including treatment plans, individual support plans, individualized education programs, reimbursement forms or reports.

7. Select patients, clients or students for services.

8. Discharge patients, clients or students from services.

9. Unless required by law, disclose clinical or confidential information orally or in writing to anyone not designated by the speech-language pathologist.

10. Make a referral for any additional service.

11. Communicate with the patient, client or student or with family or others regarding any aspect of the patient, client or student status without the specific consent of the supervising speech-language pathologist.

12. Claim to be a speech-language pathologist.

13. Write a formal screening, diagnostic, progress or discharge note.

14. Perform any task without the express knowledge and approval of the supervising speech-language pathologist.

E. All services provided by a speech-language pathology assistant shall be performed under the direction and supervision of a speech-language pathologist who is licensed pursuant to this chapter.

F. A licensed speech-language pathologist who supervises or directs the services provided by a speech-language pathology assistant shall:

1. Have at least two years of full-time professional experience as a licensed speech-language pathologist.

2. Provide direction and supervision to not more than two full-time or three part-time speech-language pathology assistants at one time.

3. Ensure that the amount and type of supervision and direction provided to a speech-language pathology assistant is consistent with the individual's skills and experience, the needs of the patient, client or student served, the setting in which services are provided and the tasks assigned and provide:

(a) A minimum of at least twenty per cent percent direct supervision and ten per cent percent indirect supervision of all of the time that a the speech-language pathology assistant is providing services during the individual's first ninety days of the person's employment.

(b) Subsequent to After the first ninety days of a the speech-language pathology assistant's employment, a minimum of ten per cent direct supervision and ten per cent indirect supervision of all of the time a speech-language pathologist assistant is providing service the supervising speech-language pathologist may adjust the amount of supervision if the supervising speech-language pathologist determines that the speech-language pathology assistant meets appropriate competencies and skill levels regarding various disorders of communication and related disorders. Minimum ongoing supervision after the first ninety days shall include documentation of direct and indirect supervision provided by the supervising speech-language pathologist and shall include at least one hour of direct supervision weekly and as much indirect supervision as needed to maintain the delivery of quality services. Minimum ongoing supervision after the first ninety days shall include documentation by the supervising speech-language pathologist of the supervisor's direct contact with at least ten percent of the speech-language pathology assistant's patients, clients or students served each quarter. The supervising speech-language pathologist shall ensure that the ten percent direct client contact varies each quarter. The supervising speech-language pathologist shall require direct supervision of a speech-language pathology assistant when services are provided to a medically fragile individual.

(b) At least ten percent direct supervision and ten percent indirect supervision of all the time that the speech-language pathology assistant is providing services during the individual's first thirty days of employment if the speech-language pathology assistant completed supervision pursuant to subdivision (a) of this paragraph at a previous employer and provides documentation of that supervision to the supervising speech-language pathologist. After the first thirty days of the speech-language pathology assistant's employment, the supervising speech-language pathologist may adjust the amount of supervision if the supervising speech-language pathologist determines that the speech-language pathology assistant meets appropriate competencies and skill levels regarding various disorders of communication and related disorders. Minimum ongoing supervision after the first thirty days of employment shall include documentation of direct and indirect supervision provided by the supervising speech-language pathologist and shall include at least one hour of direct supervision weekly and as much indirect supervision as needed to maintain the delivery of quality services. Minimum ongoing supervision after the first ninety days shall include documentation by the supervising speech-language pathologist of the supervisor's direct contact with at least ten percent of the speech-language pathology assistant's patients, clients or students served each quarter. The supervising speech-language pathologist shall ensure that the ten percent direct client contact varies each quarter. The supervising speech-language pathologist shall require direct supervision of a speech-language pathology assistant when services are provided to a medically fragile individual.

4. Inform a patient, client or student when the services of a speech-language pathology assistant are being provided.

5. Document all periods of direct supervision and indirect supervision provided to a speech-language pathology assistant.

G. If more than one speech-language pathologist provides supervision to a speech-language pathology assistant, one of the speech-language pathologists shall be designated as the primary supervisor who is responsible for coordinating any supervision provided by other speech-language pathologists. END_STATUTE