DAR File No. 29744

Commerce, Occupational and Professional Licensing

R156-41

Speech-Language Pathology and Audiology Licensing Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 29744
Filed: 03/29/2007, 11:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division needs to amend this rule to replace the term "health care assistant" as had been defined in Title 58, Chapter 62, which statute was repealed by the Legislature in S.B. 51 in the 2002 General Session, with certification as a nursing aide as defined in Rule R414-7B, the Division of Health Care Financing's Nurse Aide Training and Competency Evaluation Program. (DAR NOTE: S.B. 51 (2002) is found at Chapter 290, Laws of Utah 2002, and was effective 05/06/2002.)

Summary of the rule or change:

Throughout the rule, amendments are being proposed to change the rule from plural to singular. In Subsection R156-41-601(1)(b), amendments are made to replace the term "health care assistant" with certification as a nursing aide as defined in Rule R414-7B. The certified nursing aide has additional health education that a health care assistant did not possess and therefore, the aide should be able to fulfill the requirements of a speech-language pathology or audiology aide.

State statutory or constitutional authorization for this rule:

Section 58-41-1 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

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

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to licensees and applicants for licensure as a speech-language pathologist, audiologist or speech-language pathologist/audiologist.

other persons:

The Division does not anticipate any cost or savings to other persons as a result of these rule amendments. However, as a result of the proposed amendments in Section R156-41-601, a certified nursing aide may qualify to practice as a speech-language pathology or audiology aide and potentially obtain employment in the state.

Compliance costs for affected persons:

The Division does not anticipate any costs to affected persons as a result of these rule amendments. However, as a result of the proposed amendments in Section R156-41-601, a certified nursing aide may qualify to practice as a speech-language pathology or audiology aide and potentially obtain employment in the state.

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

No fiscal impact to businesses is anticipated with this rule filing, which removes a health care assistant classification that was repealed in the 2002 Legislative Session and replaces it with a certified nurse aide classification used by the State Division of Health Care Financing. 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
HEBER M WELLS BLDG
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:

05/15/2007

This rule may become effective on:

05/23/2007

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

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

R156-41-101. Title.

Th[ese]is rule[s are]is known as the "Speech-Language Pathology and Audiology Licensing Act Rule[s]".

 

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 th[ese]is rule[s]:

(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) "Direct supervision" as used in Subsections 58-41-2(5)(c), 58-41-2(20)(c), and th[ese]is rule[s], means supervision requiring the supervisor or substitute supervisor to be physically present in the same facility where an action is performed by the aide. The supervisor is to provide face to face observation and evaluation of the aide at least 25% of the time. The supervisor or substitute supervisor shall be available for immediate consultation at all times when the aide is engaged with a patient.

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

(4) "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) "Substitute supervisor", as used in th[ese]is rule[s], 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) "Supervision", as used in th[ese]is rule[s], 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) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 41, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-41-502.

 

R156-41-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 41.

 

R156-41-601. Speech-Language Pathology and Audiology Aides.

(1) In accordance with Subsection 58-41-2(5), an individual licensed to engage in practice as a speech-language pathologist or audiologist may employ as an aide an individual who has completed or obtained the following:

(a) graduation from an accredited high school or obtained a certificate of equivalency approved by the division; and

(b) [registration as a health care assistant in accordance with Title 58, Chapter 62]certification as a nursing aide in accordance with R414-7B, the State Division of Health Care Financing's Nurse Aide Training and Competency Evaluation Program.

(2) A licensee supervising an aide shall be responsible for the direct supervision of an aide.

(3) A licensee supervising an aide must have a current written utilization plan outlining the specific manner in which the aide will be employed and the manner in which the aide will be supervised.

(4) A licensee shall be permitted to supervise not more than three aides at any one time.

(5) An aide shall not engage in the following:

(a) preparing diagnostic statements or clinical management plans, strategies or procedures;

(b) communicating obtained observations or results to anyone other than the aide's supervising speech-language pathologist or audiologist;

(c) determining case selection;

(d) independently composing or signing clinical reports; except an aide may enter progress notes into the patient's file reflecting the results of the aide's assigned duties;

(e) independently diagnosing, treating, discharging of patient, or advising of patient disposition; and

(f) referral of a patient to other professionals or agencies.

(6) Upon the request of the division, a licensee who employs an aide must provide documentation that the aide has met the qualifications as listed in Subsection (1), and that the aide is functioning under a utilization plan.

 

KEY: licensing, speech-language pathology, audiology

Date of Enactment or Last Substantive Amendment: [October 18, 2005]2007

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