WSR 10-15-093

PERMANENT RULES

DEPARTMENT OF HEALTH


(Board of Hearing and Speech)

[ Filed July 20, 2010, 11:16 a.m. , effective July 26, 2010 ]


Effective Date of Rule: July 26, 2010.

Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: This effective date is necessary to implement 2009 legislation that created the new speech-language pathology assistant profession and amended chapter 18.35 RCW.

Purpose: Amending chapter 246-828 WAC, Hearing and speech, to add the requirements, including fees, for the new speech-language pathology assistant profession.

Citation of Existing Rules Affected by this Order: Amending WAC 246-828-025, 246-828-075, 246-828-300, and 246-828-990.

Statutory Authority for Adoption: RCW 18.35.161, 43.70.250.

Adopted under notice filed as WSR 10-10-102 on May 4, 2010.

Changes Other than Editing from Proposed to Adopted Version: A sentence under WAC 246-828-112(3) was removed to eliminate confusion regarding supervision. Supervision is defined in statute and other rule sections as "direct" and "indirect."

A final cost-benefit analysis is available by contacting Janette Benham, P.O. Box 47852, Tumwater, WA 98504-7852, phone (360) 236-4857, fax (360) 236-2901, e-mail janette.benham@doh.wa.gov.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 2, Amended 4, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 4, Repealed 0.

Date Adopted: June 14, 2010.

Rhonda Friedlander, Chair

Board of Hearing and Speech

OTS-3079.8


AMENDATORY SECTION(Amending WSR 06-19-109, filed 9/20/06, effective 10/21/06)

WAC 246-828-025   Definitions.   (1) "Board-approved institution of higher education" means:

(a) An institution offering a program in audiology or speech-language pathology leading to a master's degree, or its equivalent, or a doctorate degree or its equivalent, that has been accredited by the council on academic accreditation in audiology and speech-language pathology, or an equivalent program.

(b) An institution offering a speech-language pathology assistant program or a speech, language, and hearing program approved by the state board for community and technical colleges, the higher education coordinating board, or an equivalent body from another state or province. This program must lead to an associate of arts or sciences degree, certificate of proficiency, or bachelor of arts or sciences degree.

(c) A board-approved institution shall integrate instruction in multicultural health as part of its basic education preparation curriculum under RCW 43.70.615.

(2) "Postgraduate professional work experience" means a supervised full-time professional experience, or the part-time equivalent, as defined in these rules, involving direct patient/client contact, consultations, ((record keeping)) recordkeeping, and administrative duties relevant to a bona fide program of clinical work.

(a) "Full-time professional experience" means at least 30 hours per week over 36 weeks. Postgraduate professional work experience must be obtained over a period of at least 36 weeks. Applicants who obtain an Au.D. at a board-approved institution of higher education are considered to have met the postgraduate professional work experience requirement.

(b) "Part-time equivalent" means any of the following:

(i) 15-19 hours per week over 72 weeks;

(ii) 20-24 hours per week over 60 weeks;

(iii) 25-29 hours per week over 48 weeks.

(3) ((Applicants who obtain an Au.D. at a board approved institution of higher education are considered to have met the postgraduate professional work experience requirement.)) "Supervising speech-language pathologist" means a licensed speech-language pathologist or speech-language pathologist certified as an educational staff associate by the superintendent of public instruction.

(4) "Direct supervision of a speech-language pathology assistant" means the supervising speech-language pathologist is on-site and in view during the procedures or tasks.

(5) "Indirect supervision of a speech-language pathology assistant" means the procedures or tasks are performed under the speech-language pathologist's overall direction and control, but the speech-language pathologist's presence is not required during the performance of the procedures or tasks.

[Statutory Authority: RCW 18.35.161. 06-19-109, 246-828-025, filed 9/20/06, effective 10/21/06. Statutory Authority: RCW 18.35.040(2) and 18.35.161. 98-13-109, 246-828-025, filed 6/17/98, effective 7/18/98.]


AMENDATORY SECTION(Amending WSR 06-19-109, filed 9/20/06, effective 10/21/06)

WAC 246-828-075   Supervisors of students.   (1) Students enrolled in a board approved program may perform the duties of a hearing instrument fitter/dispenser, audiologist ((or)), speech-language pathologist, or speech-language pathology assistant in the course of their training under appropriate supervision.

(a) Speech-language pathology students must be supervised by a speech-language pathologist licensed under chapter 18.35 RCW, in good standing for at least two years.

(b) Audiology students must be supervised by an audiologist licensed under chapter 18.35 RCW, in good standing for at least two years.

(c) Hearing instrument fitter and dispenser students must be supervised by either a hearing instrument fitter/dispenser or a licensed audiologist licensed under chapter 18.35 RCW, in good standing for at least two years.

(2) Students may perform only those activities that are within the scope of the profession as defined by the training program in which they are enrolled.

(3) The student shall at all times wear an identification badge readily visible to the public that identifies him or her as a student.

(4) The licensee who is supervising hearing instrument fitting and dispensing students must be physically present on the premises at all times. The supervisor must cosign all purchase agreements for the sale of hearing instruments.

(5) The licensee who is supervising speech-language pathology or audiology students may include simultaneous observations with the student or the submission of written reports or summaries by the student for supervisor monitoring, review and approval. At least fifty percent of each student's time in each diagnostic evaluation, including screening and identification, must be observed directly by a supervisor. The observations may take place on site or by closed-circuit television.

[Statutory Authority: RCW 18.35.161. 06-19-109, 246-828-075, filed 9/20/06, effective 10/21/06; 04-02-068, 246-828-075, filed 1/7/04, effective 2/7/04; 98-06-079, 246-828-075, filed 3/3/98, effective 4/3/98. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017 246-828-075, filed 9/7/95, effective 10/8/95.]


NEW SECTION
WAC 246-828-112   Speech-language pathology assistants -- Minimum standards of practice.   (1) A speech-language pathology assistant may only perform procedures or tasks delegated by the speech-language pathologist and must maintain patient/client/student confidentiality as directed by the speech-language pathologist.

(2) Speech-language pathology assistants may not represent themselves as speech-language pathologists.

(3) The speech-language pathology assistant must be continually supervised by the speech-language pathologist. The following procedures or tasks may only be performed under direct supervision and at the speech-language pathologist's discretion:

(a) Participating during parent conferences, case conferences, or interdisciplinary team meetings with the speech-language pathologist present.

(b) Assisting the speech-language pathologist during evaluations/assessments of patients/clients/students.

(4) The following procedures or tasks may be performed under direct or indirect supervision at the discretion of the supervising speech-language pathologist:

(a) Perform speech-language and hearing screenings for the speech-language pathologist. The speech-language pathology assistant may not interpret the results.

(b) Document patient/client/student performance (such as data, charts, graphs, progress notes, and treatment notes) and report this information to the speech-language pathologist.

(c) Implement treatment plans and protocols including individualized education programs (IEP) or individualized family service plans (IFSP) developed by the speech-language pathologist. These plans, programs, and protocols may include speech, language, augmentative and alternative communication (AAC), assistive technology (AT), and oral-motor therapies.

(d) Perform clerical duties such as preparing materials and scheduling activities as directed by the speech-language pathologist.

(e) Check and maintain equipment as directed by the speech-language pathologist.

(f) Sign treatment notes, progress notes, and other paperwork as directed by the speech-language pathologist.

(5) The following procedures and tasks are excluded from the speech-language pathology assistant scope of practice:

(a) Tasks that require diagnosis, evaluation, or clinical interpretation.

(b) Screening and diagnosis of feeding and swallowing disorders.

(c) Development or modification of treatment plans.

(d) Implementation of therapy outside of the treatment plan.

(e) Selection of caseload.

(f) Discharge or exit patients/clients/students.

(g) Referral of patients/clients/students for additional services.

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AMENDATORY SECTION(Amending WSR 98-05-060, filed 2/13/98, effective 3/16/98)

WAC 246-828-300   Expired license or certification.   (1) If the license or certification has expired for three years or less, the practitioner must meet the requirements of chapter 246-12 WAC, Part 2.

(2) If the license or certification has expired for over three years, and the practitioner has been in active practice in another United States jurisdiction, the practitioner must:

(a) Submit verification of active practice from any other United States jurisdiction;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

(3) If the license or certification has expired for over three years, and the practitioner has not been in active practice in another United States jurisdiction, the practitioner must:

(a) Successfully pass the examination as provided in RCW 18.35.050;

(b) Meet the requirements of chapter 246-12 WAC, Part 2.

[Statutory Authority: RCW 43.70.280. 98-05-060, 246-828-300, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-300, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as 246-828-300, filed 5/8/91, effective 6/8/91; 89-04-017 (Order PM 818), 308-50-350, filed 1/23/89. Statutory Authority: 1983 c 39 7. 83-23-056 (Order PL 447), 308-50-350, filed 11/15/83.]


NEW SECTION
WAC 246-828-617   Requirements for speech-language pathology assistant certification.   An applicant for certification as a speech-language pathology assistant must have the following minimum qualifications:

(1) An associate of arts or sciences degree, or a certificate of proficiency, with transcripts showing forty-five quarter hours or thirty semester hours of speech-language pathology course work and transcripts showing forty-five quarter hours or thirty semester hours of general education credit from a board-approved institution of higher education as defined in WAC 246-828-025 (1)(b). Transcripts must reflect, or applicant must demonstrate, one hundred hours of supervised patient/client/student work experience completed within a one-year time frame, or clinical experience practicum, with at least fifty of those hours under direct supervision; or

(2) A bachelor of arts or bachelor of sciences degree with transcripts from a speech, language, and hearing program from a board-approved institution of higher education as defined in WAC 246-828-025 (1)(b). Transcripts must reflect, or applicant must demonstrate, one hundred hours of supervised patient/client/student work experience completed within a one-year time frame, or clinical experience practicum, with at least fifty of those hours under direct supervision; or

(3) A completed work experience verification form and competency checklist form developed by the board and submitted as part of the application verifying 600 hours of supervised experience within three years of application. Both forms must be submitted by July 1, 2011, to qualify for certification under this subsection. The competency checklist form shall indicate and verify that the applicant has demonstrated competencies in all the following categories:

(a) Interpersonal skills;

(b) Understanding of critical supervision issues;

(c) Administering treatment protocols;

(d) Maintaining clinical documentation and communication;

(e) Upholding ethical behavior and maintaining confidentiality;

(f) Following health and safety precautions;

(g) Foundational knowledge of the profession.

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AMENDATORY SECTION(Amending WSR 08-15-014, filed 7/7/08, effective 7/7/08)

WAC 246-828-990   Hearing instrument fitter/dispenser, audiologist ((and)), speech language pathologist((s)), and speech-language pathology assistant fees and renewal cycle.   (1) ((Licenses)) Credentials must be renewed every year on the practitioner's birthday as provided in chapter 246-12 WAC, Part 2. The secretary may require payment of renewal fees less than those established in this section if the current level of fees is likely to result in a surplus of funds. Surplus funds are those in excess of the amount necessary to pay for the costs of administering the program and to maintain a reasonable reserve. Notice of any adjustment in the required payment will be provided to practitioners. The adjustment in the required payment shall remain in place for the duration of a renewal cycle to assure practitioners an equal benefit from the adjustment.

(2) ((Licensees)) Practitioners must pay the following nonrefundable fees:


((Title of)) Audiologist/Speech-Language Pathologist
Fee Type: Fee
((License application $125.00))
Interim permit
Application $125.00
Permit 100.00
Initial license ((100.00
((Interim permit 100.00))
Application 125.00
License 100.00
Renewal 200.00
Inactive license 75.00
Late renewal penalty 100.00
Expired license reissuance 100.00
Expired inactive license reissuance 50.00
License verification 15.00
Duplicate license 15.00

Hearing Instrument Fitter/Dispenser
Fee Type: Fee
License application $125.00
Initial license 100.00
Renewal 200.00
Inactive license 75.00
Late renewal penalty 100.00
Expired license reissuance 100.00
Expired inactive license reissuance 50.00
License verification 15.00
Duplicate license 15.00

Speech-Language Pathology Assistant
Fee Type: Fee
Application $125.00
Renewal 70.00
Inactive credential 50.00
Late renewal penalty 50.00
Expired credential reissuance 50.00
Expired inactive credential reissuance 50.00
Credential verification 15.00
Duplicate credential 15.00

[Statutory Authority: RCW 43.70.110, 43.70.250, 2008 c 329. 08-15-014, 246-828-990, filed 7/7/08, effective 7/7/08. Statutory Authority: RCW 43.70.250, [43.70.]280 and 43.70.110. 05-12-012, 246-828-990, filed 5/20/05, effective 7/1/05. Statutory Authority: RCW 18.35.161. 04-02-068, 246-828-990, filed 1/7/04, effective 2/7/04. Statutory Authority: RCW 43.70.280. 98-05-060, 246-828-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.35.090 and 43.70.250. 97-04-043, 246-828-990, filed 1/31/97, effective 1/31/97. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, 246-828-990, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 43.70.250. 94-08-038, 246-828-990, filed 3/31/94, effective 5/1/94; 93-14-011, 246-828-990, filed 6/24/93, effective 7/25/93; 91-13-002 (Order 173), 246-828-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-11-030 (Order 139), recodified as 246-828-990, filed 5/8/91, effective 6/8/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), 308-50-440, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), 308-50-440, filed 8/27/87.]

Washington State Code Reviser's Office