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