Assigned to HHS                                                                                                 AS PASSED BY COMMITTEE

 


 

 

 


ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1458

 

speech-language pathologists; assistants

Purpose

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

Background

            The Bureau of Special Licensing under DHS is responsible for issuing speech and hearing professional licenses. Current statute requires the DHS Director (Director) to: 1) appoint an advisory committee to assist the Director with their duties; 2) inform the advisory committee on disciplinary actions; 3) administer qualifying examinations; 4) designate the time and place for holding examinations for a hearing aid dispenser license; 5) license applicants who meet the criteria for a hearing aid dispenser license, an audiologist license, a speech-language pathologist license and a pathologist assistant license; and 6) ensure the public's health and safety by enforcing qualification standards for licensees and applicants (A.R.S. § 36-1902).

            Speech-language pathology is 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. A hearing aid dispenser is any person who engages in the practice of fitting and dispensing hearing aids (A.R.S. § 36-1901).

            A pathology assistant provides speech-language pathology services as prescribed under the direction and supervision of a licensed speech-language pathologist (A.R.S. § 36-1901). The supervising pathologist must ensure that the amount of supervision provided is consistent with the pathology assistant's skills and experience. Current statute requires, of the first 90 days of the pathology assistant's employment, that the supervising pathologist directly supervise at least 20 percent of services provided and indirectly supervise at least 10 percent. After the first 90 days, the supervising pathologist must directly supervise 10 percent of services provided and indirectly supervise an additional 10 percent (A.R.S. § 36-1940.04).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

Advisory Committee

1.   Requires 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 assist the Director in any other duties relating to licensure.

2.   Removes the requirement that the Director inform the advisory committee regarding all disciplinary actions and eliminates the requirement that the advisory committee make recommendations to the Director on prescribed matters.

3.   Modifies the advisory committee membership as follows:

a)   permits the Director's designee to serve in place of the Director;

b)   requires one of the two licensed speech-language pathologists to provide services in a school setting; and

c)   adds two licensed pathology assistants.

4.   Establishes that advisory committee member terms are for two years.

Licensure Modifications

5.   Allows the Director to waive the requirement that a licensee renewing their license must complete at least eight hours of in-person courses for:

a)   all licensees, during a public health emergency declaration; and

b)   individual licensees, in the event of an emergency that prevents the licensee from attending in-person courses for an indefinite period of time.

6.   Removes the requirement to pass an ethics and jurisprudence examination approved by the Director within six months of initial licensure for a person who is licensed as a hearing aid dispenser in another state and seeking reciprocity in Arizona.

7.   Eliminates the requirement that the Director notify a licensee's employer if there is disciplinary action initiated against the licensee.

8.   Requires a person seeking a hearing aid dispenser license to have a doctoral degree from an accredited program recognized by the U.S. Department of Education, rather than from a nationally or regionally accredited college in a program consistent with the standards of Arizona's universities.

9.   Removes the requirement that an applicant for a hearing aid dispenser license complete the prescribed examination within three years before the date of application for licensure.

10.  Requires DHS to waive the educational, clinical practicum and postgraduate professional experience requirements if an applicant meets prescribed criteria.

11.  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.

12.  Allows the Director to waive specified requirements for applicants who hold a pathology assistant certification from a nationally recognized speech-language hearing association approved by DHS in the field for which the applicant is applying for licensure and repeals current waiver requirements.

Pathology Assistant Supervision

13.  Allows a licensed speech-language pathologist supervising the services provided by a pathology assistant to adjust the supervision requirements if the pathology assistant has met appropriate competencies and skill levels after the first 90 days of employment, or after the first 30 days if the pathology assistant has completed supervision requirements at a previous employer and can provide documentation.

14.  Requires the supervising speech-language pathologist to provide at least 10 percent direct supervision and at least 10 percent indirect supervision during the pathology assistant's first 30 days of employment, if the pathology assistant has completed prescribed supervision at a previous employer and can provide documentation.

15.  Requires minimum ongoing supervision to include:

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

b)   at least one hour a week of direct supervision;

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

d)   documentation of the supervisor's direct contact with at least 10 percent of the pathology assistant's patients, clients or students served each quarter.

16.  Requires the supervising speech-language pathologist to ensure that the 10 percent of direct client contact varies each quarter.

17.  Requires the supervising speech-language pathologist to provide direct supervision when the pathology assistant provides services to a medically fragile individual.

Miscellaneous

18.  Requires DHS to create an awareness campaign for hearing aid dispensers and post prescribed educational materials on its website.

19.  Repeals statute regarding corporations, partnerships, trusts, associations and similar organizations in relation to hearing aid dispensers and speech-language pathologists.

20.  Modifies the definition of direct supervision.

21.  Makes technical and conforming changes.

22.  Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Requires, rather than allows, the Director to appoint an advisory committee.

2.   Removes proposed modifications regarding audiologist licensure.

Senate Action

HHS                2/18/21      DPA     7-0-1

Prepared by Senate Research

February 18, 2021

CRS/JP/kja