CSSB 365(FIN): "An Act relating to the regulation of speech-language pathologist assistants; and providing for an effective date."
00 CS FOR SENATE BILL NO. 365(FIN) 01 "An Act relating to the regulation of speech-language pathologist assistants; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 08.11.025(b) is amended to read: 05 (b) Subject to (c) and (d) of this section, the department may issue a temporary 06 license to the following: 07 (1) a nonresident for the practice of speech-language pathology as a 08 speech-language pathologist in the state for 60 days or less in a calendar year, if the 09 individual is licensed to practice speech-language pathology in another state, territory 10 of the United States, foreign country, or province that has requirements for a license to 11 practice speech-language pathology that are substantially equivalent to or higher than 12 the requirements of AS 08.11.015; 13 (2) a nonresident for the practice of speech-language pathology as a 14 speech-language pathologist in the state for 60 days or less in a calendar year, if the
01 individual meets the qualifications and requirements for a license under AS 08.11.015 02 [,] and resides in a state or territory of the United States or a foreign country or 03 province that does not license individuals to practice speech-language pathology; 04 (3) a person, whether a resident or not, who is in the process of 05 completing a year of supervised clinical experience required for a certificate of 06 clinical competence in speech-language pathology from the American Speech- 07 Language Hearing Association. 08 * Sec. 2. AS 08.11.030(c) is amended to read: 09 (c) The department may reinstate a lapsed license or registration if the 10 license or registration has lapsed for less than two years and if the individual submits 11 to the department an application for renewal and pays a delinquency fee in addition to 12 the renewal fee. 13 * Sec. 3. AS 08.11.030(d) is amended to read: 14 (d) A suspended license or registration is subject to expiration and must be 15 renewed as provided in AS 08.01.100, but the renewal does not entitle the individual 16 while the license or registration remains suspended to practice audiology, [OR] 17 speech-language pathology, or as a speech-language pathologist assistant, or to 18 engage in other activity or conduct that violates the order or judgment that suspended 19 the license. 20 * Sec. 4. AS 08.11 is amended by adding new sections to read: 21 Sec. 08.11.042. Activities of speech-language pathologist assistant. (a) A 22 person may not practice as a speech-language pathologist assistant in the state without 23 registration under this chapter. 24 (b) Except as provided in (e) of this section, a person registered under this 25 chapter and who is under the immediate supervision of a person licensed as a speech- 26 language pathologist in the state may perform treatment of a person who is medically 27 fragile, as determined by the licensed speech-language pathologist, or who otherwise 28 demonstrates a need for assistance with feeding or swallowing. 29 (c) Except as provided in (b) and (e) of this section, a person registered under 30 this chapter and who is under the direct supervision of a person licensed as a speech- 31 language pathologist in the state may perform screening and treatment techniques or
01 activities and assist the speech-language pathologist during assessments, research, in- 02 service training, and public relations activities. 03 (d) Except as provided in (b), (c), and (e) of this section, a person registered 04 under this chapter and who is under the indirect supervision of a person licensed as a 05 speech-language pathologist in the state may 06 (1) perform screening and treatment activities, excluding 07 interpretation, if the supervising speech-language pathologist has previously given 08 instruction on the performance of those screening and treatment activities, has 09 observed the assistant in the performance of those activities, and has determined that 10 the speech-language pathologist assistant is competent to perform those activities; 11 (2) conduct clerical tasks, including record keeping, documentation of 12 a person's progress toward meeting established objectives as stated in the treatment 13 plan or individualized education plan, scheduling, and equipment maintenance; 14 (3) implement a documented treatment plan, individualized education 15 plan, or protocol developed by the supervising speech-language pathologist; 16 (4) sign treatment notes if the note is reviewed and cosigned by the 17 supervising speech-language pathologist; and 18 (5) discuss with the client and the client's family members or guardian 19 behaviors observed by the speech-language pathologist assistant during treatment of 20 the client when the behaviors are supported by documented objective data. 21 (e) A registered speech-language pathologist assistant may not 22 (1) administer diagnostic assessment tools, perform formal or informal 23 evaluations, or interpret test or evaluation results; 24 (2) participate in family conferences, on an interdisciplinary team, at a 25 staff meeting, or at an individualized education plan meeting in which diagnostic 26 information is interpreted or in which plans for a client's treatment are developed or 27 reviewed without the presence of a licensed speech-language pathologist; 28 (3) write, develop, or modify a client's treatment plan or individualized 29 education plan; 30 (4) assist a client without following a documented treatment plan or 31 individualized education plan that has been prepared by a licensed and adequately
01 trained speech-language pathologist; 02 (5) sign a client record or billing record that does not contain the 03 signature of a licensed speech-language pathologist; 04 (6) select a person for speech-language pathology services; 05 (7) provide counseling to a client or a client's family or guardian; 06 (8) disclose clinical or confidential information, either orally, in 07 writing, or by electronic means, to anyone not designated in writing to receive the 08 communication by a licensed speech-language pathologist; or 09 (9) perform screening of feeding or swallowing functions. 10 Sec. 08.11.043. Qualifications for speech-language pathologist assistant 11 registration. (a) The department shall register an individual as a speech-language 12 pathologist assistant if the individual submits an application on a form approved by the 13 department, pays the required fee, and 14 (1) submits proof satisfactory to the department that the individual has 15 successfully completed 16 (A) an associate of applied science degree in disabilities with a 17 speech-language support emphasis either from the University of Alaska 18 Anchorage in affiliation with Prince William Sound Community College or 19 from another approved program; or 20 (B) a bachelor's degree in speech-language pathology from an 21 accredited institution; 22 (2) submits proof satisfactory to the department that the individual has 23 successfully completed 100 hours of field work supervised by a licensed speech- 24 language pathologist; and 25 (3) appears to the department to suffer from no mental illness or 26 chemical or alcohol dependency that would interfere with the applicant's ability to 27 perform safely as a speech-language pathologist assistant. 28 (b) Notwithstanding the requirements of (a) of this section, the department 29 shall register an individual as a speech-language pathologist assistant if the individual 30 provides proof satisfactory to the department that the individual has been employed in 31 a position for at least one year preceding July 1, 2004, that includes the practice of
01 speech-language pathologist assistant as set out in AS 08.11.042 and if the individual 02 (1) submits an application on a form approved by the department; 03 (2) pays the required fee; 04 (3) submits proof satisfactory to the department that the individual has 05 passed a competency-based checklist examination adopted by the department; and 06 (4) submits a written recommendation from a licensed speech- 07 language pathologist in support of the application. 08 (c) The department shall maintain a registry of individuals registered under 09 this section and shall notify an applicant in writing of a decision to approve or deny an 10 application under this section. An approval is valid for two years, except as provided 11 under AS 08.11.083. 12 (d) The department shall renew a valid registration issued under this chapter if 13 the speech-language pathologist assistant submits a timely application on a form 14 approved by the department accompanied by a sworn statement that the applicant has 15 available documentation of approved continuing education consisting of 15 clock 16 hours for the preceding two years. The department shall approve continuing education 17 if the education is provided at state or regional conferences, workshops, formal in- 18 service training, independent study programs, or a combination of these, and pertains 19 to communication disorders. 20 Sec. 08.11.045. Supervision of speech-language pathologist assistant. (a) 21 A speech-language pathologist qualified under (b) of this section shall design and 22 implement a plan for supervision of a speech-language pathologist assistant that 23 protects the client and that maintains the highest possible standard of care. The 24 amount of supervision required in the plan must be documented and must take into 25 account the experience and skills of the speech-language pathologist assistant, the 26 client's needs, the service setting, the tasks assigned, and the laws governing the 27 activities of the speech-language pathologist assistant. A plan for supervision must 28 provide for direct supervision of the speech-language pathologist assistant for at least 29 50 percent of the speech-language pathologist assistant services during the first 90 30 days of employment of the speech-language pathologist assistant and, after the first 90 31 days of employment, for at least 20 percent of the speech-language pathologist
01 assistant services. 02 (b) A speech-language pathologist is qualified to supervise a speech-language 03 pathologist assistant only if the speech-language pathologist is familiar with all 04 applicable laws and 05 (1) is licensed under this chapter; or 06 (2) has a valid Type A or Type C teaching certificate issued under 07 AS 14.20 with an endorsement in speech-language pathology, speech and hearing 08 sciences, or communication disorders. 09 (c) A speech-language pathologist qualified under (b) of this section who 10 agrees to supervise a speech-language pathologist assistant shall 11 (1) monitor and evaluate the services provided and documentation 12 completed by the speech-language pathologist assistant, including the competency 13 level for the type of client and service site and compliance with all applicable laws; 14 (2) assist the speech-language pathologist assistant in the development 15 of a professional development plan that includes at least 15 clock hours of approved 16 continuing education under AS 08.11.043(d) biennially; and 17 (3) direct the handling of emergencies by the speech-language 18 pathologist assistant. 19 (d) A speech-language pathologist may not supervise more than two 20 individuals or carry a higher caseload of clients while supervising a speech-language 21 pathologist assistant than when the speech-language pathologist was not supervising a 22 speech-language pathologist assistant. 23 * Sec. 5. AS 08.11.050 is amended to read: 24 Sec. 08.11.050. Fees. The department shall set fees under AS 08.01.065 for 25 each of the following: 26 (1) application; 27 (2) credential review; 28 (3) audiologist license and speech-language pathologist license; 29 (4) temporary license; 30 (5) renewal of license; 31 (6) delinquency;
01 (7) reinstatement; 02 (8) duplicate license; 03 (9) speech-language pathologist assistant registration application 04 and renewal. 05 * Sec. 6. AS 08.11 is amended by adding a new section to read: 06 Sec. 08.11.083. Grounds for imposition of disciplinary sanctions on a 07 speech-language pathologist assistant. After a hearing, the department may impose 08 a disciplinary sanction on a registered speech-language pathologist assistant when the 09 department finds that the registrant 10 (1) secured a registration through deceit, fraud, or intentional 11 misrepresentation; 12 (2) fraudulently or deceptively used a registration; 13 (3) altered a registration; 14 (4) sold, bartered, or offered to sell or barter a registration; 15 (5) engaged in deceit, fraud, or intentional misrepresentation in the 16 course of assisting in the practicing of speech-language pathology; 17 (6) advertised speech-language services in a manner that is false, 18 misleading, or deceptive; 19 (7) has been convicted of a felony or other crime that affects the 20 person's ability to continue to practice competently and safely, including a crime 21 involving drugs or alcohol; 22 (8) engaged in unprofessional conduct, in sexual misconduct, or in 23 lewd or immoral behavior in connection with the delivery of professional services to 24 clients; 25 (9) continued to practice speech-language pathology after becoming 26 unfit due to 27 (A) professional incompetence or gross negligence; 28 (B) use of drugs or alcohol in a manner that affects the person's 29 ability to practice speech-language pathology competently and safely; 30 (C) a physical or mental disability; 31 (10) permitted another person to use the registrant's registration;
01 (11) has been disciplined by an official government body with 02 jurisdiction over licensure, certification, or registration of a health care or teaching 03 practice; a certified copy of the final disciplinary action constitutes conclusive 04 evidence against the person; 05 (12) failed to maintain confidentiality except as otherwise required or 06 permitted by law; 07 (13) failed to comply with a provision of this chapter or a regulation 08 adopted under this chapter, or an order of the department. 09 * Sec. 7. AS 08.11.090(a) is amended to read: 10 (a) When it finds that an audiologist has committed an act listed in 11 AS 08.11.080, [OR] that a speech-language pathologist has committed an act listed in 12 AS 08.11.085, or that a speech-language pathologist assistant has committed an 13 act listed in AS 08.11.083, the department may impose the following sanctions singly 14 or in combination: 15 (1) permanently revoke a license or registration to practice; 16 (2) suspend a license or registration for a determinate period of time; 17 (3) censure a licensee or registrant; 18 (4) issue a letter of reprimand; 19 (5) place a licensee or registrant on probationary status and require 20 the licensee or registrant to 21 (A) report regularly to the department on matters involving the 22 basis of probation; 23 (B) limit practice to those areas prescribed; 24 (C) continue professional education until a satisfactory degree 25 of skill has been attained in those areas determined by the department to need 26 improvement; 27 (6) impose limitations or conditions on the practice of a licensee or 28 registrant. 29 * Sec. 8. AS 08.11.090(c) is amended to read: 30 (c) The department may summarily suspend a license or registration before 31 final hearing or during the appeals process if the department finds that the licensee or
01 registrant poses a clear and immediate danger to the public welfare and safety if the 02 licensee or registrant continues to practice. An individual whose license or 03 registration is suspended under this subsection is entitled to a hearing by the 04 department no later than seven days after the effective date of the order. The 05 individual may appeal the suspension after the hearing to the superior court. 06 * Sec. 9. AS 08.11.090(d) is amended to read: 07 (d) The department may reinstate a license or registration that has been 08 suspended or revoked if the department finds after a hearing that the individual is able 09 to practice with reasonable skill and safety. 10 * Sec. 10. AS 08.11.090(e) is amended to read: 11 (e) One year after revocation of a license or registration issued under this 12 chapter, the individual whose license or registration was revoked may reapply for the 13 license or registration. The department may require an examination for 14 reinstatement. 15 * Sec. 11. AS 08.11.090 is amended by adding new subsections to read: 16 (f) The department may place a registrant on probation, with the costs of 17 probation to be born by the registrant 18 (1) in lieu of revocation or suspension; 19 (2) upon the issuance of a registration to an individual who has been 20 found guilty of unprofessional conduct but who otherwise qualifies for registration 21 under this chapter; or 22 (3) as a condition upon the reissuance or reinstatement of any 23 registration that has been suspended or revoked by the department. 24 (g) The department may require a registrant who has been placed on probation 25 or who has been suspended to obtain additional professional training, including 26 continuing education or clinical or field work. 27 * Sec. 12. AS 08.11.200 is amended by adding new paragraphs to read: 28 (8) "direct supervision" means supervision that is on-site or available 29 by visual or real-time electronic means through which a supervising speech-language 30 pathologist observes and guides a speech-language pathologist assistant while the 31 assistant performs a clinical activities; "direct supervision" may include
01 demonstration, coaching, and observation to the extent that the demonstration, 02 coaching, or observation otherwise meets the requirements of this paragraph;. 03 (9) "immediate supervision" means supervision in the physical 04 presence of the speech-language pathologist assistant during the provision of client 05 services by the speech-language pathologist assistant; 06 (10) "indirect supervision" means supervision by telephonic or 07 electronic means or by intermittent on-site visits while located either inside or outside 08 of the facility in which the speech-language pathologist assistant is located; "indirect 09 supervision" may include demonstrations, record review, evaluation of audiotaped or 10 videotaped client services, or communication by telephone or electronic mail to the 11 extent that these activates otherwise meet the requirements of this paragraph; 12 (11) "screening" means a procedure in which a client is identified by 13 either "pass" or "fail" for purposes of necessitating further evaluation of speech, 14 language, or hearing; 15 (12) "supervision" means the provision of direction and evaluation of 16 the tasks assigned. 17 * Sec. 13. This Act takes effect July 1, 2004.