File No. 33865
This rule was published in the August 15, 2010, issue (Vol. 2010, No. 16) of the Utah State Bulletin.
Commerce, Occupational and Professional Licensing
Speech-Language Pathology and Audiology Licensing Act Rule
Notice of Proposed Rule
DAR File No.: 33865
Filed: 07/29/2010 09:09:55 AM
Purpose of the rule or reason for the change:
The purpose of this rule filing is to implement H.B 396 passed during the 2010 Legislative Session by: 1) adding and clarifying definitions in Section R156-41-102; 2) defining the qualifications for the issuance of a temporary license to an audiologist or a speech-language pathologist in Sections R156-41-302b and R156-41-302c; and 3) clarifying and adding to the definitions of unprofessional conduct in Section R156-41-502. (DAR NOTE: H.B. 396 (2010) is found at Chapter 397, Laws of Utah 2010, and was effective 05/11/2010.)
Summary of the rule or change:
In Section R156-41-102, added definitions for "clinical externship" and "legal holder of an AuD in audiology". In Section R156-41-302a, renumbered the section number and updated statute citation references. Section R156-41-302b is a new section added to clarify the qualifications for the issuance of a 12-month temporary license in audiology. Section R156-41-302c is a new section added to clarify the qualifications for the issuance of a 12-month temporary license in speech-language pathology. In Section R156-41-502, amendments are made regarding the training of speech-language pathology/aides and to update the American Speech-Language Hearing Association's Code of Ethics. In addition, three new subsections are added making it unprofessional conduct to supervise more than two temporary licensees at one time and failing to comply with the requirements of Subsections R156-41-302b(2) and R156-41-302c(2).
State statutory or constitutional authorization for this rule:
- Subsection 58-1-202(1)(a)
- Subsection 58-1-106(1)(a)
- Section 58-41-1
This rule or change incorporates by reference the following material:
- Updatess: American Speech-Language Hearing Association (ASHA) Code of Ethics, 03/01/2010
Anticipated cost or savings to:
the state budget:
The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.
The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.
The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. Also, the Division does not anticipate any costs or savings beyond those identified in fiscal notes associated with H.B. 396.
persons other than small businesses, businesses, or local governmental entities:
The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. For applicants/students in either audiology or speech-language pathology who apply for a temporary license, there will be a $50 application fee. It is unknown how many students will apply for the temporary license; as a result no aggregate impact can be determined.
Compliance costs for affected persons:
The proposed amendments only apply to licensed audiologists and speech-language pathologists and applicants for licensure in those classifications. For applicants/students in either audiology or speech-language pathology who apply for a temporary license, there will be a $50 application fee.
Comments by the department head on the fiscal impact the rule may have on businesses:
As stated in the rule summary, this filing which clarifies and updates the rule to comport with new statutory amendments, appears to result in no fiscal impact to businesses beyond those addressed by the Legislature in passing the statutory amendments.
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
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 firstname.lastname@example.org
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:
Interested persons may attend a public hearing regarding this rule:
- 08/24/2010 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475, Salt Lake City, UT
This rule may become effective on:
Mark Steinagel, Director
R156. Commerce, Occupational and Professional Licensing.
R156-41. Speech-Language Pathology and Audiology Licensing Act Rule.
In addition to the definitions in Title 58, Chapters 1 and 41, as used in Title 58, Chapters 1 and 41, or this rule:
(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 this rule, means supervision as
defined in Subsection R156-1-102a(4)(a).
3]) "Evoked potentials evaluation", as used in
Subsection 58-41-2(4), includes neurophysiological intraoperative
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 this rule,
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
6]) "Supervision", as used in this rule, 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(1)(e), in Section R156-41-502.
R156-41-302 . Qualifications for Licensure .
In accordance with Section 58-41-5, ASHA
certification as a speech-language pathologist or audiologist is
one acceptable method to document that an individual has completed
the requirements of Subsections 58-41-5[
(3) through (7)].
R156-41-502. Unprofessional Conduct.
"Unprofessional conduct" includes:
(1) using an educational title conferred by an organization or institution that is not a regionally accredited college or university;
(2) engaging in sexual intercourse or other sexual contact with a client or patient;
(3) exercising undue influence in a manner as to exploit the client, patient, or supervisee for financial or other personal advantage to the practitioner or a third party;
inappropriate] us[ e] [ of] or training [ of] speech-language pathology[ /audiology] aides as defined
[ by the board and the division];[
failure] to comply with the American Speech-Language Hearing
Association's (ASHA) Code of Ethics, [ January 1, 2003] edition, which is hereby incorporated by
KEY: licensing, speech-language pathology, audiology
Date of Enactment or Last Substantive Amendment: [
July 14, 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
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20100815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.