HOUSE BILL 180

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Elizabeth "Liz" Thomson

 

 

 

 

 

AN ACT

RELATING TO PROFESSIONAL LICENSURE; CREATING A NEW LICENSE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS; REPEALING THE APPRENTICE IN SPEECH AND LANGUAGE LICENSE; REPEALING SECTIONS 61-14B-3.1 AND 61-14B-15.1 NMSA 1978 (BEING LAWS 1999, CHAPTER 128, SECTIONS 3 AND 8, AS AMENDED).

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 61-14B-2 NMSA 1978 (being Laws 1996, Chapter 57, Section 2, as amended) is amended to read:

     "61-14B-2. DEFINITIONS.--As used in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act:

          [A. "apprentice" means a person working toward full licensure in speech-language pathology who meets the requirements for licensure as an apprentice in speech and language pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          B.] A. "appropriate supervisor" means a person licensed pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act who has a minimum of two years' experience as a speech-language pathologist after the clinical fellowship year;

          [C.] B. "auditory trainer" means a custom-fitted FM amplifying instrument other than a hearing aid designed to enhance signal-to-noise ratios;

          [D.] C. "audiologist" means a person who engages in the practice of audiology, who may or may not dispense hearing aids and who meets the qualifications set forth in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          [E.] D. "bilingual-multicultural endorsement" means an endorsement that is issued pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act to a qualified speech-language pathologist and that recognizes the licensee's or applicant's demonstrated proficiency in the use of languages other than English to provide speech-language pathology services;

          [F.] E. "board" means the speech-language pathology, audiology and hearing aid dispensing practices board;

          [G.] F. "business location" means a permanent physical business location in New Mexico where records can be examined and process served;

          [H.] G. "certification by a national professional association" means certification issued by a board-approved national speech-language or hearing association;

          [I.] H. "clinical fellow" means a person who has completed all academic course work and practicum requirements for a master's degree or the equivalent in speech-language pathology and engages in the practice of speech-language pathology as set forth in the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          [J.] I. "clinical fellowship year" or "CFY" means the time following the completion of all academic course work and practicum requirements for a master's degree in speech-language pathology and during which a clinical fellow is working toward certification by a national professional association;

          [K.] J. "department" means the regulation and licensing department;

          K. "direct contact" means a level of supervision in which a supervisor is able to provide immediate feedback to a person that the supervisor is supervising;

          L. "hearing aid" means a wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including earmolds but excluding batteries and cords;

          M. "hearing aid dispenser" means a person other than an audiologist or an otolaryngologist who is licensed to sell, fit and service hearing aids pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act and maintains or occupies a permanent physical business location in New Mexico where records can be examined and process can be served;

          N. "otolaryngologist" means a licensed physician who has completed a recognized residency in otolaryngology and is certified by the American board of otolaryngology;

          O. "paraprofessional" means a person who provides adjunct speech-pathology or audiology services under the direct supervision of a licensed speech-language pathologist or audiologist;

          P. "practice of audiology" means the application of principles, methods and procedures of measurement, testing, appraisal, prognostication, aural rehabilitation, aural habilitation, consultation, hearing aid selection and fitting, counseling, instruction and research related to hearing and disorders of hearing for the purpose of nonmedical diagnosis, prevention, identification, amelioration or the modification of communicative disorders involving speech, language auditory function or other aberrant behavior related to hearing disorders;

          Q. "practice of hearing aid dispensing" means the behavioral measurement of human hearing for the purpose of the selection and fitting of hearing aids or other rehabilitative devices to ameliorate the dysfunction of hearing sensitivity; this may include otoscopic inspection of the ear, fabrication of ear impressions and earmolds, instruction, consultation and counseling on the use and care of these instruments, medical referral when appropriate and the analysis of function and servicing of these instruments involving their modification or adjustment;

          R. "practice of speech-language pathology" means the rendering or offering to render to individuals, groups, organizations or the public any service in speech or language pathology involving the nonmedical application of principles, methods and procedures for the measurement, testing, diagnosis, prognostication, counseling and instruction related to the development and disorders of communications, speech, fluency, voice, verbal and written language, auditory comprehension, cognition, dysphagia, oral pharyngeal or laryngeal sensorimotor competencies and treatment of persons requiring use of an augmentative communication device for the purpose of nonmedical diagnosing, preventing, treating and ameliorating such disorders and conditions in individuals and groups of individuals;

          S. "repetitive, mechanical or routine tasks" means tasks that are simple, predictable or rote and do not require the expertise of a speech-language pathologist to administer. These activities are essential for maintaining consistency and effectiveness in therapy services provided by speech-language pathologists. "Repetitive, mechanical or routine tasks" includes implementing routine therapy sessions, recording and documenting data, preparing therapy materials and setting up clean environments;

          [S.] T. "screening" means a pass-fail procedure to identify individuals who may require further assessment in the areas of speech-language pathology, audiology or hearing aid dispensing;

          [T.] U. "speech-language pathologist" means a person who engages in the practice of speech-language pathology and who meets the qualifications set forth in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          V. "speech-language pathology assistant" means a person who assists in the practice of speech-language pathology and meets the qualifications set forth in the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

          [U.] W. "sponsor" means a licensed hearing aid dispenser, audiologist or otolaryngologist who has an endorsement to dispense hearing aids and:

                (1) is employed in the same business location where the trainee is being trained; and

                (2) has been actively engaged in the dispensing of hearing aids during three of the past five years;

          [V.] X. "student" means a person who is a full- or part-time student enrolled in an accredited college or university program in speech-language pathology, audiology or communicative disorders;

          [W.] Y. "supervisor" means a speech-language pathologist or audiologist licensed pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act who provides supervision in the area of speech-language pathology or audiology; and

          [X.] Z. "trainee" means a person working toward full licensure as a hearing aid dispenser under the direct supervision of a sponsor."

     SECTION 2. A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act, Section 61-14B-3.3 NMSA 1978, is enacted to read:

     "61-14B-3.3. [NEW MATERIAL] SCOPE OF PRACTICE--SPEECH-LANGUAGE PATHOLOGY ASSISTANT.--

          A. The scope of practice for a speech-language pathology assistant is to assist a speech-language pathologist with administrative, clinically related and clinical tasks that are planned, selected, directed or designed by the speech-language pathology assistant's appropriate supervisor. The appropriate supervisor of a speech-language pathology assistant may delegate to a speech-language pathology assistant certain repetitive, mechanical or routine tasks that fall within the scope of the practice of speech-language pathology. The appropriate supervisor of a speech-language pathology assistant retains full legal and ethical responsibility for every patient to whom the speech-language pathology assistant provides services. The scope of practice for a speech-language pathology assistant may include:

                (1) providing clerical, administrative, prevention, advocacy and clinically related support to a supervising speech-language pathologist;

                (2) at the discretion of the supervising speech-language pathologist, assisting with or conducting speech, language and hearing screenings without providing clinical interpretation;

                (3) documenting a patient's performance and reporting the information to the supervising speech-language pathologist;

                (4) assisting a supervising speech-language pathologist in the provision of services to a patient who speaks a language other than English, if the speech-language pathology assistant has demonstrated competency in the language the patient speaks;

                (5) programming and providing instruction in the use of augmentative and alternative communication devices;

                (6) providing guidance and treatment via telepractice to students who are selected by an appropriate supervisor; and

                (7) assisting and supporting an appropriate supervisor during feeding and swallowing evaluations and treatments.

          B. A speech-language pathology assistant shall not:

                (1) represent the speech-language pathology assistant's self as a speech-language pathologist;

                (2) disclose clinical or confidential information either orally or in writing to anyone other than the supervising speech-language pathologist, unless otherwise mandated by law;

                (3) perform or interpret diagnostic tests, instrumental dysphagia exams, feeding assessments or swallowing assessments or strategies;

                (4) write, develop or modify a patient's treatment plan;

                (5) provide interpretative information to a patient or a patient's family regarding the patient's status or services;

                (6) select patients or plan treatment sessions;

                (7) design or select augmentative or alternative communication systems or devices;

                (8) treat medically fragile patients independently;

                (9) discharge a patient from therapy services; or

                (10) make referrals for additional service.

          C. The board shall promulgate rules to outline the types of procedures that a speech-language pathology assistant may or may not perform under the supervision of an appropriate supervisor.

          D. For the purposes of this section, "medically fragile patient" means a person who has a chronic physical condition that results in a prolonged dependency on medical care for which daily skilled nursing intervention is medically necessary."

     SECTION 3. A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act, Section 61-14B-15.2 NMSA 1978, is enacted to read:

     "61-14B-15.2. [NEW MATERIAL] REQUIREMENTS FOR LICENSURE--SPEECH-LANGUAGE PATHOLOGY ASSISTANT.--A license to practice as a speech-language pathology assistant shall be issued by the board to a person who files a completed application, pays the required fees and submits documentation and evidence to demonstrate that the person has met either of the following sets of educational, supervisory and employment requirements:

          A. completion:

                (1) of a nationally recognized speech-language pathology assistant educational program that is accredited by a nationally recognized speech-language-hearing association;

                (2) and passage of a nationally recognized standard examination for speech-language pathology assistant verification; and

                (3) of at least one hundred supervised clinical hours under the supervision of a certified speech-language pathologist; or

          B. active certification as a speech-language pathology assistant from a nationally recognized certification body and proof of passage of a state jurisprudence exam for speech-language pathology assistants."

     SECTION 4. A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act, Section 61-14B-15.3 NMSA 1978, is enacted to read:

     "61-14B-15.3. [NEW MATERIAL] SPEECH-LANGUAGE PATHOLOGY ASSISTANT SUPERVISION REQUIREMENTS.--

          A. A speech-language pathology assistant shall be supervised by an appropriate supervisor who:

                (1) has consented in writing to supervise the speech-language pathology assistant;

                (2) is licensed pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act; and

                (3) has completed a minimum of two hours of board-approved training in clinical instruction and supervision.

          B. An appropriate supervisor shall:

                (1) provide supervision to no more than two full-time or three part-time speech-language pathology assistants;

                (2) be responsible for an entire caseload and workload. The appropriate supervisor shall ensure that the speech-language pathology assistant does not have an individual caseload or workload that is separate from the appropriate supervisor's;

                (3) be present for the first and last contact with each patient;

                (4) provide a level of supervision necessary for each situation, based on the:

                     (a) competencies, skills and experience of the speech-language pathology assistant;

                     (b) needs of the patient being served; and

                     (c) service setting; and

                (5) provide direct contact to speech-language pathology assistants when a speech-language pathology assistant is providing services to a patient that are not repetitive, mechanical or routine tasks."

     SECTION 5. Section 61-14B-16.1 NMSA 1978 (being Laws 2022, Chapter 39, Section 63) is amended to read:

     "61-14B-16.1. EXPEDITED LICENSURE.--

          A. The board shall issue an expedited license without examination to a speech-language pathologist, speech-language pathology assistant, audiologist or hearing aid dispenser licensed in another licensing jurisdiction in accordance with Section 61-1-31.1 NMSA 1978. The board shall issue the expedited license as soon as practicable but no later than thirty days after the person files an application with the required fees and demonstrates that the person holds a valid, unrestricted license and is in good standing with the licensing board in the other licensing jurisdiction. If the board issues an expedited license to a person whose prior licensing jurisdiction did not require examination, the board may require the person to pass an examination before license renewal.

          B. The board by rule shall determine the states and territories of the United States and the District of Columbia from which it will not accept an applicant for expedited licensure and determine any foreign countries from which it will accept an applicant for expedited licensure. The board shall post the lists of disapproved and approved licensing jurisdictions on its website. The list of disapproved licensing jurisdictions shall include specific reasons for disapproval. The lists shall be reviewed annually to determine if amendments to the rule are warranted."

     SECTION 6. Section 61-14B-19 NMSA 1978 (being Laws 1996, Chapter 57, Section 19, as amended) is amended to read:

     "61-14B-19. LICENSE RENEWAL.--

          A. Each licensee shall renew the licensee's license biennially by submitting a renewal application as provided for in the board's regulations. The board may require proof of continuing education as a requirement for renewal. The board may establish a method to provide for staggered biennial terms. The board may authorize license renewal for one year to establish the renewal cycle.

          B. A sixty-day grace period shall be allowed to each licensee after each licensing period. A license may be renewed during the grace period upon payment of a renewal fee and a late fee as prescribed by the board.

          C. Any license not renewed by the end of the grace period will be considered expired and the licensee shall not be eligible to practice within the state until the license is renewed. The board shall develop rules regarding requirements for renewal of an expired license and may require the licensee to reapply as a new applicant.

          D. Clinical fellow licenses may be renewed annually for no more than three years; provided the clinical fellow has submitted evidence of passing a recognized standard national examination in speech-language pathology prior to or within the clinical fellow's second year of the CFY. The CFY license shall not be renewed for a second year without evidence of passing a recognized standard national examination in speech-language pathology.

          [E. An apprentice in speech-language pathology shall renew the apprentice's license annually; provided that the apprentice is accepted into a master's-level program in speech-language pathology or communicative disorders within two years of initial licensing.

          F.] E. The board may issue rules providing for inactive status of licenses."

     SECTION 7. Section 61-14B-20 NMSA 1978 (being Laws 1996, Chapter 57, Section 20, as amended) is amended to read:

     "61-14B-20. FEES.--Except as provided in Section 61-1-34 NMSA 1978, the board shall establish a schedule of reasonable fees for applications, licenses, renewal of licenses, exams, penalties and administrative fees. The license and license renewal fees shall not exceed:

          A. one hundred dollars ($100) for clinical fellows and [apprentices in speech and language] speech-language pathology assistants;

          B. two hundred dollars ($200) for audiologists or speech-language pathologists;

          C. six hundred dollars ($600) for hearing aid dispensers;

          D. four hundred dollars ($400) for examinations;

          E. one hundred dollars ($100) for late renewal fees;

          F. four hundred dollars ($400) for hearing aid dispensing endorsement;

          G. five hundred dollars ($500) for a hearing aid dispenser trainee license, which fee includes examination, both written and practical;

          H. one hundred dollars ($100) for bilingual-multicultural endorsement; and

          I. reasonable administrative fees."

     SECTION 8. REPEAL.--Sections 61-14B-3.1 and 61-14B-15.1 NMSA 1978 (being Laws 1999, Chapter 128, Sections 3 and 8, as amended) are repealed.

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