ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

Senate: HHS DPA 7-0-1-0 | 3rd Read 29-0-1-0

House: HHS DP 9-0-0-0

SB 1458: speech-language pathologists; assistants

Sponsor:  Senator Barto, LD 15

Caucus & Cow

Overview

Instructs the Director of the Arizona Department of Health Services (Director) to appoint an advisory committee to assist in the examining of applicants for a hearing aid dispenser license and other specified duties. Modifies licensure requirements for hearing aid dispensers and supervision requirements for speech-language pathology assistants (pathology assistant).

History

Within the Arizona Department of Health Services (DHS) is the Bureau of Special Licensing (Bureau). The Bureau is responsible for the licensure process of all speech and hearing professionals in Arizona. Statute requires the Director to: 1) appoint an advisory committee to assist with the Director's duties; 2) supervise and administer qualifying examinations for licensure as a hearing aid dispenser; 3) designate a time and place for holding examinations; 4) license applicants who meet criteria for licensure as a hearing aid dispenser, audiologist, speech-language pathologist or pathology assistant; and 5) ensure the public's health and safety by adopting standards for licensure (A.R.S. § 36-1902).

A pathology assistant is a person who works under the direction and supervision of a licensed speech-language pathologist and provides services, including: 1) conducting speech and language screenings; 2) providing direct treatment assistance; 3) acting as a second-language interpreter; 4) scheduling activities and preparing charts, records and graphs; 5) performing checks and maintenance of equipment; 6) participating in research projects, in-service training and public transportation programs; and 7) signing and initialing treatments notes (A.R.S. § 36-1940.04)

Under current law, supervising speech-language pathologists must: 1) provide at least 20% supervision and 10% indirect supervision of all services provided by a pathology assistant within the first 90 days of employment; 2) inform the patient, client or student services of when pathology assistant services are being provided; and 3) document all periods of direct and indirect supervision. Licensed speech-language pathologists must have at least two years of full-time professional experience as a licensed speech-language pathologist in order to supervise a pathology assistant and are prohibited from supervising more than two full-time or three part-time pathology assistants (A.R.S. § 36-1940.04).

Provisions

Advisory Committee

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteInstructs the Director to appoint an advisory committee, rather than an examining committee, to assist in examining applicants for a hearing aid dispenser license and to collaborate with the Director, upon request, in disciplinary matters, or other prescribed duties.  (Sec. 2)

2.    Eliminates the requirement that:

a)   The Director to inform the advisory committee regarding all disciplinary actions; and

b)   The advisory committee provide recommendations to the Director in specified areas.

3.   Permits the Director’s designee to serve on the advisory committee. (Sec. 2)

4.   Specifies that one of the two speech-language pathologists who serve as members of the advisory committee must provide services in a school setting. (Sec. 2)

5.   Adds two licensed speech-language pathology assistants to the advisory committee. (Sec. 2)

6.   Limits the term of an advisory committee member to two years. (Sec. 2)

Hearing Aid Dispenser Licensure Requirements

7.   Allows the Director to waive the in-person course requirement necessary for the renewal of a license as a hearing aid dispenser for: 

a)   All licensees in the event of a public health emergency declaration; and

b)   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. (Sec. 3) 

8.   Removes the Director's ability to mail required notices to an address provided by the licensee to the Director. (Sec. 4)

9.   Repeals statute that exempts corporations, partnerships, trusts, associations or like organizations that fit and dispense hearing aids from qualification and examination requirements. (Sec. 5)

10.  Removes the requirement for an individual, who is licensed as a hearing aid dispenser in another state and seeking reciprocity in Arizona, to pass an examination in jurisprudence and ethics within six months of initial licensure. (Sec. 6)

11.  Requires DHS to establish an awareness campaign for hearing aid dispensers and post on its website educational materials regarding bill of sale notice requirements. (Sec. 7)

12.  Removes the requirement that the Director promptly notify a licensee’s employer if there is disciplinary action initiated against the licensee. (Sec. 8)

Pathology Assistant Licensure Requirements

13.  Allows a person seeking licensure as a pathology assistant to use a bachelor’s degree as evidence of completion of an approved training program for pathology assistants.  (Sec. 9)

14.  Allows the Director to waive licensure requirements for applicants who hold certification as a pathology assistant from a nationally recognized and DHS-approved speech language hearing association. (Sec. 9)

Pathology Assistant Supervision

15.  Permits a supervising speech-language pathologist to adjust the amount of supervision given to a pathology assistant:

a)   If it is determined that the pathology assistant meets appropriate competencies and skill levels after the first 90 days of employment; or

b)   If the pathology assistant has completed supervision requirements at a previous employer and provides proper documentation, after the first 30 days. (Sec. 9) 

16.  Requires minimum ongoing supervision to include:

a)   Documentation of direct and indirect supervision provided by the supervising speech-language pathologist;

b)   At least one weekly hour of direct supervision;

c)   As much indirect supervision as needed to maintain the delivery of quality services; and

d)   Documentation of the supervising speech-pathologist’s direct contact with at least 10% of the pathology assistant’s patients, clients or students served each quarter. (Sec. 9)

17.  Requires a supervising speech-language pathologist to ensure that the required 10% direct client contact varies each quarter. (Sec. 9)

18.  Requires a supervising speech-language pathologist to directly supervise a pathology assistant when providing services to a medically fragile individual. (Sec. 9)

19.  Allows a speech-language pathologist to provide at least 10% direct supervision and 10% indirect supervision for the first 30 days to a pathology assistant who has completed the 90-day supervision requirements with another employer and who has provided proper documentation. (Sec. 9)

Miscellaneous

20.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteModifies the definition of direct supervision, as it relates to pathology assistants to include telecommunication services and exclude taped sessions. (Sec. 1)

21.  Makes technical and conforming changes. (Sec. 1, 2,4, 8, 9)

 

 

 

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                  SB 1458

Initials EB/SF        Page 0 Caucus & COW

 

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