Assembly Bill No. 54–Assemblywoman Von Tobel

Prefiled January 22, 1999

____________

Referred to Committee on Commerce and Labor

 

SUMMARY—Revises provisions governing practice of audiology and speech pathology. (BDR 54-38)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to professions; requiring the licensure of a speech pathologist’s assistant; establishing the qualifications for such licensure; revising the provisions concerning the qualifications for a license to engage in the practice of audiology or speech pathology; increasing the maximum fees that may be collected by the board of examiners for audiology and speech pathology; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 637B of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 to 12, inclusive, of this act.

1-3 Sec. 2. "Licensed speech pathologist" means a person licensed as a

1-4 speech pathologist by the board pursuant to the provisions of this chapter.

1-5 Sec. 3. "Speech pathologist’s assistant" means a person licensed by

1-6 the board to provide services under the supervision of a licensed speech

1-7 pathologist.

1-8 Sec. 4. 1. A person shall not act as a speech pathologist’s assistant

1-9 unless he holds a license to do so as provided in this chapter.

1-10 2. A speech pathologist’s assistant shall not hold himself out as an

1-11 audiologist or speech pathologist.

1-12 Sec. 5. An applicant for a license as a speech pathologist’s assistant

1-13 must:

1-14 1. Hold a bachelor’s degree in speech pathology.

1-15 2. Complete a period of practical training, prescribed by regulation of

1-16 the board, under the supervision of a licensed speech pathologist.

2-1 3. Submit to the board, on a form provided by the board, an

2-2 application that sets forth his education and training.

2-3 4. Submit to the board a form completed by a licensed speech

2-4 pathologist that verifies that he will supervise the applicant’s work. The

2-5 form must be provided by the board.

2-6 5. Submit to the board the statement required pursuant to section 8 of

2-7 this act.

2-8 6. Pay the fees provided for in this chapter.

2-9 Sec. 6. An application for the issuance of a license as a speech

2-10 pathologist’s assistant must include the social security number of the

2-11 applicant.

2-12 Sec. 7. 1. A license as a speech pathologist’s assistant expires on

2-13 December 31 of each year.

2-14 2. Each holder of a license as a speech pathologist’s assistant may

2-15 renew his license before its expiration upon submission of the statement

2-16 required pursuant to section 8 of this act and payment of the fee for the

2-17 annual renewal of a license.

2-18 3. If a licensee fails to submit the statement required pursuant to

2-19 section 8 of this act or pay the fee for the annual renewal of his license

2-20 before its expiration, his license may be renewed only upon the payment

2-21 of the reinstatement fee in addition to the renewal fee. A license may be

2-22 renewed pursuant to this subsection only if all fees are paid and the

2-23 statement required pursuant to section 8 of this act is submitted within 3

2-24 years after the license has expired.

2-25 Sec. 8. 1. An applicant for the issuance or renewal of a license as a

2-26 speech pathologist’s assistant must submit to the board the statement

2-27 prescribed by the welfare division of the department of human resources

2-28 pursuant to NRS 425.520. The statement must be completed and signed

2-29 by the applicant.

2-30 2. The board shall include the statement required pursuant to

2-31 subsection 1 in:

2-32 (a) The application or any other forms that must be submitted for the

2-33 issuance or renewal of the license; or

2-34 (b) A separate form prescribed by the board.

2-35 3. A license as a speech pathologist’s assistant may not be issued or

2-36 renewed by the board if the applicant:

2-37 (a) Fails to submit the statement required pursuant to subsection 1; or

2-38 (b) Indicates on the statement submitted pursuant to subsection 1 that

2-39 he is subject to a court order for the support of a child and is not in

2-40 compliance with the order or a plan approved by the district attorney or

2-41 other public agency enforcing the order for the repayment of the amount

2-42 owed pursuant to the order.

3-1 4. If an applicant indicates on the statement submitted pursuant to

3-2 subsection 1 that he is subject to a court order for the support of a child

3-3 and is not in compliance with the order or a plan approved by the district

3-4 attorney or other public agency enforcing the order for the repayment of

3-5 the amount owed pursuant to the order, the board shall advise the

3-6 applicant to contact the district attorney or other public agency enforcing

3-7 the order to determine the actions that the applicant may take to satisfy

3-8 the arrearage.

3-9 Sec. 9. 1. If the board receives a copy of a court order issued

3-10 pursuant to NRS 425.540 that provides for the suspension of all

3-11 professional, occupational and recreational licenses, certificates and

3-12 permits issued to a person who is the holder of a license as a speech

3-13 pathologist’s assistant, the board shall deem the license issued to that

3-14 person to be suspended at the end of the 30th day after the date on which

3-15 the court order was issued unless the board receives a letter issued to the

3-16 holder of the license by the district attorney or other public agency

3-17 pursuant to NRS 425.550 stating that the holder of the license has

3-18 complied with the subpoena or warrant or has satisfied the arrearage

3-19 pursuant to NRS 425.560.

3-20 2. The board shall reinstate a license as a speech pathologist’s

3-21 assistant that has been suspended by a district court pursuant to NRS

3-22 425.540 if:

3-23 (a) The board receives a letter issued by the district attorney or other

3-24 public agency pursuant to NRS 425.550 to the person whose license was

3-25 suspended stating that the person whose license was suspended has

3-26 complied with the subpoena or warrant or has satisfied the arrearage

3-27 pursuant to NRS 425.560; and

3-28 (b) The person whose license was suspended pays any fees imposed by

3-29 the board pursuant to NRS 637B.230 for the reinstatement of a license.

3-30 Sec. 10. 1. A licensed speech pathologist shall not supervise the

3-31 work of a speech pathologist’s assistant without first obtaining the

3-32 approval of the board.

3-33 2. A licensed speech pathologist who wishes to supervise a speech

3-34 pathologist’s assistant shall apply to the board, on a form provided by the

3-35 board, for approval to provide that supervision. The application must

3-36 contain the qualifications of the licensed speech pathologist to provide

3-37 that supervision.

3-38 3. A licensed speech pathologist who supervises a speech

3-39 pathologist’s assistant shall:

3-40 (a) During the first 90 days of the employment of the speech

3-41 pathologist’s assistant, supervise the speech pathologist’s assistant:

3-42 (1) Directly by observing his work at least 20 percent of the time at

3-43 work; and

4-1 (2) Indirectly by demonstration, review of the work performed or

4-2 oral conference at least 10 percent of the time at work.

4-3 (b) During the remainder of the employment of the speech

4-4 pathologist’s assistant, supervise the speech pathologist’s assistant:

4-5 (1) Directly at least 10 percent of the time at work; and

4-6 (2) Indirectly at least 10 percent of the time at work.

4-7 (c) Provide such other supervision and training as the supervising

4-8 speech pathologist deems necessary to ensure that the highest standard of

4-9 care is provided to his patients.

4-10 4. The supervising speech pathologist must be available for

4-11 consultation at all times when the speech pathologist’s assistant is

4-12 working and must be available on the premises at least one-half of that

4-13 time.

4-14 5. More than one licensed speech pathologist may supervise a speech

4-15 pathologist’s assistant. One licensed speech pathologist may supervise not

4-16 more than two speech pathologist’s assistants.

4-17 Sec. 11. A speech pathologist’s assistant may:

4-18 1. Assist in the treatment of patients as directed by the supervising

4-19 speech pathologist.

4-20 2. Follow written plans or protocols of treatment prepared by the

4-21 supervising speech pathologist.

4-22 3. Record a patient’s progress in meeting objectives stated in a plan

4-23 or protocol of treatment and report this information to the supervising

4-24 speech pathologist.

4-25 4. Assist in the preparation of notes and materials and in other

4-26 clerical duties as directed by the supervising speech pathologist.

4-27 5. Sign a document related to the treatment of a patient only if it is

4-28 reviewed and cosigned by the supervising speech pathologist.

4-29 6. Schedule activities and prepare charts or other displays of

4-30 information on behalf of the supervising speech pathologist.

4-31 7. Maintain and verify the performance of equipment used by the

4-32 supervising speech pathologist.

4-33 8. Participate with the supervising speech pathologist in research,

4-34 training and public relations.

4-35 Sec. 12. A speech pathologist’s assistant may not:

4-36 1. Practice as a speech pathologist’s assistant independently from a

4-37 licensed speech pathologist.

4-38 2. Perform diagnostic tests or evaluations or interpret the results of

4-39 those tests or evaluations.

4-40 3. Participate in conferences with parents or professional personnel

4-41 without the presence of the supervising speech pathologist or another

4-42 licensed speech pathologist designated by the supervising speech

4-43 pathologist.

5-1 4. Provide counseling to a patient or the patient’s family.

5-2 5. Prepare or modify an individualized plan for treatment without the

5-3 guidance and approval of the supervising speech pathologist.

5-4 6. Treat a patient without following the individualized plan prepared

5-5 by the supervising speech pathologist or without an opportunity to consult

5-6 the supervising speech pathologist.

5-7 7. Accept a patient for services, refer a patient for additional services

5-8 or discharge a patient.

5-9 8. Disclose clinical or confidential information to any person not

5-10 designated by the supervising speech pathologist.

5-11 9. Provide therapy to a patient in a fragile medical condition,

5-12 including, without limitation, a patient who is dependent on a ventilator

5-13 or has had a tracheostomy or a laryngectomy, until the patient is

5-14 determined to be able to participate in maintenance or restorative therapy.

5-15 Sec. 13. NRS 637B.020 is hereby amended to read as follows:

5-16 637B.020 As used in this chapter, unless the context otherwise

5-17 requires, the words and terms defined in NRS 637B.030 to 637B.070,

5-18 inclusive, and sections 2 and 3 of this act have the meanings ascribed to

5-19 them in those sections.

5-20 Sec. 14. NRS 637B.160 is hereby amended to read as follows:

5-21 637B.160 [1.] An applicant for a license to engage in the practice of

5-22 audiology or speech pathology must be issued a license by the board if he:

5-23 [(a)] 1. Is over the age of 21 years;

5-24 [(b)] 2. Is a citizen of the United States [,] or is lawfully entitled to

5-25 remain and work in the United States;

5-26 [(c)] 3. Is of good moral character;

5-27 [(d) Meets the requirements for education or training and experience

5-28 provided by subsection 2;

5-29 (e)]

5-30 4. Has a master’s degree in audiology or speech pathology from an

5-31 accredited college or university approved by the board;

5-32 5. Has completed at least [300 clock] 375 hours of supervised clinical

5-33 experience in audiology or speech pathology, or both;

5-34 [(f)] 6. Applies for the license in the manner [provided] prescribed by

5-35 the board;

5-36 [(g)] 7. Submits the statement required pursuant to NRS 637B.166;

5-37 [(h)] 8. Passes any examination required by this chapter; and

5-38 [(i)] 9. Pays the fees [provided for in] prescribed by the provisions of

5-39 this chapter.

5-40 [2. An applicant must possess a master’s degree in audiology or in

5-41 speech pathology from an accredited educational institution or possess

5-42 equivalent training and experience. If he seeks to qualify on the basis of

5-43 equivalent training and experience, the applicant must submit to the board

6-1 satisfactory evidence that he has obtained at least 60 semester credits, or

6-2 equivalent quarter credits, in courses related to the normal development,

6-3 function and use of speech and language or hearing, including, but not

6-4 limited to, the management of disorders of speech or hearing and the legal,

6-5 professional and ethical practices of audiology or speech pathology. At

6-6 least 24 of the 60 credits, excluding any credits obtained for a thesis or

6-7 dissertation, must have been obtained for courses directly relating to

6-8 audiology or speech pathology.]

6-9 Sec. 15. NRS 637B.210 is hereby amended to read as follows:

6-10 637B.210 1. All licenses [issued pursuant to this chapter,] to practice

6-11 audiology or speech pathology, except a temporary license, expire on

6-12 December 31 of each year.

6-13 2. Each holder of a license to practice audiology or speech pathology,

6-14 except a temporary license, who meets the requirements for continuing

6-15 education prescribed by the board may renew his license before its

6-16 expiration upon submission of the statement required pursuant to NRS

6-17 637B.166 and payment of the fee for annual renewal of a license.

6-18 3. If a licensee fails to submit the statement required pursuant to NRS

6-19 637B.166 or pay the fee for annual renewal of his license before its

6-20 expiration, his license may be renewed only upon the payment of the

6-21 reinstatement fee in addition to the renewal fee. A license may be renewed

6-22 pursuant to this subsection only if all fees are paid and the statement

6-23 required pursuant to NRS 637B.166 is submitted within 3 years after the

6-24 license has expired.

6-25 4. A licensee who wishes to have his license reinstated must prove to

6-26 the satisfaction of the board that he has met the requirements for continuing

6-27 education prescribed by the board for the period during which his license

6-28 was expired.

6-29 Sec. 16. NRS 637B.230 is hereby amended to read as follows:

6-30 637B.230 1. The board shall charge and collect only the following

6-31 fees whose amounts must be determined by the board, but may not exceed:

6-32 Application fee for a license to practice speech
6-33 pathology [$100] $200

6-34 Application fee for a license to practice audiology [100] 200

6-35 Application fee for a license as a speech
6-36 pathologist’s assistant 100

6-37 Annual fee for the renewal of a license [50] 100

6-38 Reinstatement fee [75] 150

6-39 2. All fees are payable in advance and may not be refunded.

7-1 Sec. 17. Section 5 of this act is hereby amended to read as follows:

7-2 Sec. 5. An applicant for a license as a speech pathologist’s

7-3 assistant must:

7-4 1. Hold a bachelor’s degree in speech pathology.

7-5 2. Complete a period of practical training, prescribed by

7-6 regulation of the board, under the supervision of a licensed speech

7-7 pathologist.

7-8 3. Submit to the board, on a form provided by the board, an

7-9 application that sets forth his education and training.

7-10 4. Submit to the board a form completed by a licensed speech

7-11 pathologist that verifies that he will supervise the applicant’s work.

7-12 The form must be provided by the board.

7-13 5. [Submit to the board the statement required pursuant to

7-14 section 8 of this act.

7-15 6.] Pay the fees provided for in this chapter.

7-16 Sec. 18. Section 7 of this act is hereby amended to read as follows:

7-17 Sec. 7. 1. A license as a speech pathologist’s assistant expires

7-18 on December 31 of each year.

7-19 2. Each holder of a license as a speech pathologist’s assistant

7-20 may renew his license before its expiration upon [submission of the

7-21 statement required pursuant to section 8 of this act and] payment of

7-22 the fee for the annual renewal of a license.

7-23 3. If a licensee fails to [submit the statement required pursuant

7-24 to section 8 of this act or] pay the fee for the annual renewal of his

7-25 license before its expiration, his license may be renewed only upon

7-26 the payment of the reinstatement fee in addition to the renewal fee.

7-27 A license may be renewed pursuant to this subsection only if all fees

7-28 are paid [and the statement required pursuant to section 8 of this act

7-29 is submitted] within 3 years after the license has expired.

7-30 Sec. 19. The amendatory provisions of this act do not apply to

7-31 offenses that are committed before the effective date of this act.

7-32 Sec. 20. 1. This section and sections 2 to 16, inclusive, and 19 of this

7-33 act become effective on October 1, 1999.

7-34 2. Sections 17 and 18 of this act become effective on the date on which

7-35 the provisions of 42 U.S.C. § 666 requiring each state to establish

7-36 procedures under which the state has authority to withhold or suspend, or to

7-37 restrict the use of professional, occupational and recreational licenses of

7-38 persons who:

7-39 (a) Have failed to comply with a subpoena or warrant relating to a

7-40 proceeding to determine the paternity of a child or to establish or enforce an

7-41 obligation for the support of a child; or

7-42 (b) Are in arrears in the payment for the support of one or more

7-43 children,

8-1 are repealed by the Congress of the United States.

8-2 3. Sections 6, 8 and 9 of this act expire by limitation on the date on

8-3 which the provisions of 42 U.S.C. § 666 requiring each state to establish

8-4 procedures under which the state has authority to withhold or suspend, or to

8-5 restrict the use of professional, occupational and recreational licenses of

8-6 persons who:

8-7 (a) Have failed to comply with a subpoena or warrant relating to a

8-8 proceeding to determine the paternity of a child or to establish or enforce an

8-9 obligation for the support of a child; or

8-10 (b) Are in arrears in the payment for the support of one or more

8-11 children,

8-12 are repealed by the Congress of the United States.

~