SB0363

SENATE BILL 363

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Bill Tallman

AN ACT

RELATING TO LICENSURE; CHANGING APPRENTICE IN SPEECH AND LANGUAGE TO SPEECH-LANGUAGE PATHOLOGY ASSISTANT; CHANGING SCOPE OF PRACTICE FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS; CHANGING LICENSING REQUIREMENTS FOR SPEECH-LANGUAGE PATHOLOGY ASSISTANTS; REQUIRING SUPERVISION FOR CERTAIN ACTIVITIES.

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 supervision" means on-site, in-view observation and guidance by a supervisor of a speech-language pathology assistant while the speech-language pathology assistant performs a clinical activity;

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. "indirect supervision" means overall direction and control by a supervisor of a speech-language pathology assistant's work without the supervisor's presence during the performance of the work;

O. "medically fragile" means a person who is acutely ill or in an unstable condition;

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

[O.] Q. "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.] R. "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.] S. "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.] T. "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.] U. "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.] V. "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;

W. "speech-language pathology assistant" means a person who assists 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;

[U.] X. "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.] Y. "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.] Z. "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 maintains a national certification and provides supervision in the area of speech-language pathology or audiology; and

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

SECTION 2. Section 61-14B-3.1 NMSA 1978 (being Laws 1999, Chapter 128, Section 3, as amended) is amended to read:

"61-14B-3.1. SCOPE OF PRACTICE [APPRENTICE IN SPEECH AND LANGUAGE]--SPEECH-LANGUAGE PATHOLOGY ASSISTANT.--

A. The scope of practice for [an apprentice in speech and language] a speech-language pathology assistant is to provide [adjunct] services that are planned, selected or designed by [the supervising speech-language pathologist. These services may include.

A. conducting speech-language or hearing screenings;

B. following documented intervention plans or protocols;

C. preparing written daily plans based on the overall intervention plan;

D. recording, charting, graphing or otherwise displaying data relative to client performance and reporting performance changes to the supervisor;

E. maintaining daily service notes and completing daily charges as requested;

F. reporting but not interpreting data relative to client performance to teacher, family or other professionals;

G. performing clerical duties, including maintenance of therapy and diagnostic materials, equipment and client files as directed by the supervisor;

H. assisting the speech-language pathologist during client treatment and assessment; and

I. assisting the speech-language pathologist in research, in-service, training and public relations programs.] the speech-language pathology assistant's supervisor. The speech-language pathology assistant's supervisor may delegate to a speech-language pathology assistant and supervise certain acts, tasks or procedures that fall within the scope of speech- language pathology practice but do not exceed the speech- language pathology assistant's education or training. The board shall promulgate rules pertaining to those acts, tasks or procedures that a speech-language pathology assistant may or may not perform under the supervision of the speech-language pathology assistant's supervisor.

B. A speech-language pathology assistant shall self-identify as an assistant in speech-language pathology to families, students, patients, clients, staff and others, which includes using the terms "speech pathology assistant", "speech pathologist assistant", "speech-language pathology support personnel", "speech therapy assistant", "speech therapist assistant", "speech teacher assistant", "speech monitor", "speech correction assistant", "speech correctionist assistant", "speech clinic assistant", "speech clinician assistant", "language therapy assistant", "language therapist assistant", "language pathology assistant", "language pathologist assistant", "language specialist assistant", "voice therapy assistant", "voice therapist assistant", "voice pathologist assistant", "logopedics assistant", "logopedist assistants", "communicology assistant", "communicologist assistants", "communication specialist assistant", "aphasiology assistant", "aphasiologist assistant", "phoniatrist assistant" or any variation, synonym, coinage or other word that expresses, employs or implies these terms, names or functions."

SECTION 3. Section 61-14B-15.1 NMSA 1978 (being Laws 1999, Chapter 128, Section 8, as amended) is amended to read:

"61-14B-15.1. REQUIREMENTS FOR LICENSURE--[APPRENTICE IN SPEECH AND LANGUAGE] SPEECH-LANGUAGE PATHOLOGY ASSISTANT.--

A. A license to practice as [an apprentice in speech and language] a speech-language pathology assistant shall be issued by the board to a person who:

(1) files a completed application accompanied by the required fees and documentation;

(2) is employed in a position that requires licensure as a speech-language pathology assistant;

(3) demonstrates competency in the skills required of a speech-language pathology assistant; and

(4) provides satisfactory evidence that the applicant has met educational, supervisory and employment requirements pursuant to any one of the following options, which shall include documentation showing that the applicant:

[A.] (a) is working toward full licensure pursuant to the provisions of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;

(b) has completed an associate's degree or certificate in a speech-language pathology assistant program from an accredited program or university; or

[B.] (c) has completed a baccalaureate degree in speech-language pathology or communicative disorders [or an equivalent degree or a baccalaureate degree in another field with thirty semester hours of credit in speech-language pathology or communicative disorder;

C. is enrolled in and successfully completes graduate classes in speech-language pathology, communicative disorders or a related field at a minimum rate of nine semester hours per year and is accepted into a master's level program in speech-language pathology or communicative disorders within two years of initial licensing;

D. maintains a minimum of a 3.0 grade point average in the master's degree course and other work;

E. is supervised by an appropriate supervisor, as defined in Section 61-14B-2 NMSA 1978; and

F. has arranged for appropriate supervision to meet the supervision requirement defined by rule] from an accredited college or university and is completing, or has completed, at least one hundred clinical hours of field work experience under direct supervision within one year from the date of licensure as a speech-language pathology assistant.

B. Failure to timely complete the clinical hours required in Subparagraph (c) of Paragraph (4) of Subsection A of this section shall result in termination of the speech- language pathology assistant license."

SECTION 4. 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] A speech-language pathology assistant shall renew the [apprentice's] speech-language pathology assistant'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] biennially by providing a completed board-approved license application form, the required license fee and a completed board-approved verification of education form certifying education and clinical hours, if applicable, as outlined in Section 61-14B-15.1 NMSA 1978.

F. A speech-language pathology assistant shall obtain twenty hours of continuing education units every two years.

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

SECTION 5. Section 61-14B-20 NMSA 1978 (being Laws 1996, Chapter 57, Section 20, as amended) is amended to read:

"61-14B-20. FEES.--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 6. A new section of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is enacted to read:

"[NEW MATERIAL] SPEECH-LANGUAGE PATHOLOGY ASSISTANT--SUPERVISION REQUIREMENTS.--

A. A speech-language pathology assistant shall be supervised by a speech-language pathologist who:

(1) is licensed pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act and maintains a national certification;

(2) is working at least half time as a speech-language pathologist; and

(3) possesses a minimum of two years' experience in the field of speech-language pathology.

B. A supervisor may provide direct supervision or indirect supervision to a maximum of two speech-language pathology assistants concurrently. During the first ninety days of direct or indirect supervision, a supervisor shall provide a minimum of fifty percent direct supervision and twenty percent indirect supervision. Thereafter, a supervisor shall provide a minimum of twenty percent direct supervision and ten percent indirect supervision.

C. A supervisor shall:

(1) reduce the supervisor's direct workload or caseload for each speech-language pathology assistant supervised; and

(2) ensure the maintenance of high professional standards pursuant to ethical standards provided in rule.

D. Direct supervision shall be required during:

(1) any direct client activity involving medically fragile individuals; and

(2) any screening or treatment activity for which the speech-language pathology assistant has been trained, but that the speech-language pathology assistant has not yet performed in direct client care.

E. Indirect supervision shall only be allowable when the speech-language pathology assistant performs:

(1) non-client care activities, including record keeping; materials preparation; scheduling; and equipment maintenance; or

(2) client screening or treatment activities for which a supervisor:

(a) has previously provided training;

(b) observed the speech-language pathology assistant performing these activities; and

F. A supervisor shall provide direct supervision:

(1) at least fifty percent of the time during completion of required clinical hours and for the first ninety days subsequent to completion of required clinical hours; and

(2) one hundred percent of the time when assisting with medically fragile students, patients or clients.

G. A supervisor shall document and update quarterly direct supervision activities."

SECTION 7. TEMPORARY PROVISION--APPRENTICES TO TRANSITION--RULEMAKING.--By October 1, 2019, the regulation and licensing department shall promulgate rules to timely facilitate the transition of an apprentice in speech and language to a speech-language pathology assistant licensed or becoming licensed pursuant to the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act.

SECTION 8. EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2020.

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