DAR File No. 31397

Commerce, Occupational and Professional Licensing

R156-41

Speech-Language Pathology and Audiology Licensing Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 31397
Filed: 05/08/2008, 09:04
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Speech-Language Pathology and Audiology Board completed a review of this rule and identified changes that needed to be made as a result of other recent Division rule changes regarding supervision definitions and a statute that has been repealed.

Summary of the rule or change:

Throughout the rule the term "rules" has been replaced with "rule". In Subsection R156-41-102(2), an amendment is proposed to update the definition of direct supervision. In Subsection R156-28-601(1), an amendment is proposed to delete the option of registration as a health care assistant since Title 58, Chapter 62, was repealed in 2002.

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 anticipates it will incur minimal costs of approximately $50 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed rule amendments do not apply to local governments. These proposed rule amendments only apply to applicants for licensure as a speech-language pathologist or audiologist and to licensed speech-language pathologists and audiologists.

small businesses and persons other than businesses:

These proposed rule amendments only apply to applicants for licensure as a speech-language pathologist or audiologist and to licensed speech-language pathologists and audiologists. It should be noted that licensees in these license classifications could qualify as a "small business" depending on their employment location. The Division anticipates there should be no costs or savings to the above-identified groups as a result of these proposed amendments since the amendments are only technical in nature and do not require any additional requirements.

Compliance costs for affected persons:

These proposed rule amendments only apply to applicants for licensure as a speech-language pathologist or audiologist and to licensed speech-language pathologists and audiologists. The Division anticipates there should be no costs or savings to the above-identified groups as a result of these proposed amendments since the amendments are only technical in nature and do not require any additional requirements.

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 clarifies and updates the rule to comport with applicable law. 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:

07/01/2008

This rule may become effective on:

07/08/2008

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 as defined in Subsection R156-1-102a(4)(a)[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]1)(e), 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.

 

R156-41-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 41, is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308a.

 

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

(1) In accordance with Subsections 58-41-2(5) and (20), 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]graduated 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].

(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]2008

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