Assembly Bill No. 54–Assemblywoman Von Tobel
Prefiled January 22, 1999
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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.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. Chapter 637B of NRS is hereby amended by adding thereto1-2
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 a1-4
speech pathologist by the board pursuant to the provisions of this chapter.1-5
Sec. 3. "Speech pathologist’s assistant" means a person licensed by1-6
the board to provide services under the supervision of a licensed speech1-7
pathologist.1-8
Sec. 4. 1. A person shall not act as a speech pathologist’s assistant1-9
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 an1-11
audiologist or speech pathologist.1-12
Sec. 5. An applicant for a license as a speech pathologist’s assistant1-13
must:1-14
1. Hold a bachelor’s degree in speech pathology.1-15
2. Complete a period of practical training, prescribed by regulation of1-16
the board, under the supervision of a licensed speech pathologist.2-1
3. Submit to the board, on a form provided by the board, an2-2
application that sets forth his education and training.2-3
4. Submit to the board a form completed by a licensed speech2-4
pathologist that verifies that he will supervise the applicant’s work. The2-5
form must be provided by the board.2-6
5. Submit to the board the statement required pursuant to section 8 of2-7
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 speech2-10
pathologist’s assistant must include the social security number of the2-11
applicant.2-12
Sec. 7. 1. A license as a speech pathologist’s assistant expires on2-13
December 31 of each year.2-14
2. Each holder of a license as a speech pathologist’s assistant may2-15
renew his license before its expiration upon submission of the statement2-16
required pursuant to section 8 of this act and payment of the fee for the2-17
annual renewal of a license.2-18
3. If a licensee fails to submit the statement required pursuant to2-19
section 8 of this act or pay the fee for the annual renewal of his license2-20
before its expiration, his license may be renewed only upon the payment2-21
of the reinstatement fee in addition to the renewal fee. A license may be2-22
renewed pursuant to this subsection only if all fees are paid and the2-23
statement required pursuant to section 8 of this act is submitted within 32-24
years after the license has expired.2-25
Sec. 8. 1. An applicant for the issuance or renewal of a license as a2-26
speech pathologist’s assistant must submit to the board the statement2-27
prescribed by the welfare division of the department of human resources2-28
pursuant to NRS 425.520. The statement must be completed and signed2-29
by the applicant.2-30
2. The board shall include the statement required pursuant to2-31
subsection 1 in:2-32
(a) The application or any other forms that must be submitted for the2-33
issuance or renewal of the license; or2-34
(b) A separate form prescribed by the board.2-35
3. A license as a speech pathologist’s assistant may not be issued or2-36
renewed by the board if the applicant:2-37
(a) Fails to submit the statement required pursuant to subsection 1; or2-38
(b) Indicates on the statement submitted pursuant to subsection 1 that2-39
he is subject to a court order for the support of a child and is not in2-40
compliance with the order or a plan approved by the district attorney or2-41
other public agency enforcing the order for the repayment of the amount2-42
owed pursuant to the order.3-1
4. If an applicant indicates on the statement submitted pursuant to3-2
subsection 1 that he is subject to a court order for the support of a child3-3
and is not in compliance with the order or a plan approved by the district3-4
attorney or other public agency enforcing the order for the repayment of3-5
the amount owed pursuant to the order, the board shall advise the3-6
applicant to contact the district attorney or other public agency enforcing3-7
the order to determine the actions that the applicant may take to satisfy3-8
the arrearage. Sec. 9. 1. If the board receives a copy of a court order issued3-10
pursuant to NRS 425.540 that provides for the suspension of all3-11
professional, occupational and recreational licenses, certificates and3-12
permits issued to a person who is the holder of a license as a speech3-13
pathologist’s assistant, the board shall deem the license issued to that3-14
person to be suspended at the end of the 30th day after the date on which3-15
the court order was issued unless the board receives a letter issued to the3-16
holder of the license by the district attorney or other public agency3-17
pursuant to NRS 425.550 stating that the holder of the license has3-18
complied with the subpoena or warrant or has satisfied the arrearage3-19
pursuant to NRS 425.560.3-20
2. The board shall reinstate a license as a speech pathologist’s3-21
assistant that has been suspended by a district court pursuant to NRS3-22
425.540 if:3-23
(a) The board receives a letter issued by the district attorney or other3-24
public agency pursuant to NRS 425.550 to the person whose license was3-25
suspended stating that the person whose license was suspended has3-26
complied with the subpoena or warrant or has satisfied the arrearage3-27
pursuant to NRS 425.560; and3-28
(b) The person whose license was suspended pays any fees imposed by3-29
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 the3-31
work of a speech pathologist’s assistant without first obtaining the3-32
approval of the board.3-33
2. A licensed speech pathologist who wishes to supervise a speech3-34
pathologist’s assistant shall apply to the board, on a form provided by the3-35
board, for approval to provide that supervision. The application must3-36
contain the qualifications of the licensed speech pathologist to provide3-37
that supervision.3-38
3. A licensed speech pathologist who supervises a speech3-39
pathologist’s assistant shall:3-40
(a) During the first 90 days of the employment of the speech3-41
pathologist’s assistant, supervise the speech pathologist’s assistant:3-42
(1) Directly by observing his work at least 20 percent of the time at3-43
work; and4-1
(2) Indirectly by demonstration, review of the work performed or4-2
oral conference at least 10 percent of the time at work.4-3
(b) During the remainder of the employment of the speech4-4
pathologist’s assistant, supervise the speech pathologist’s assistant:4-5
(1) Directly at least 10 percent of the time at work; and4-6
(2) Indirectly at least 10 percent of the time at work.4-7
(c) Provide such other supervision and training as the supervising4-8
speech pathologist deems necessary to ensure that the highest standard of4-9
care is provided to his patients.4-10
4. The supervising speech pathologist must be available for4-11
consultation at all times when the speech pathologist’s assistant is4-12
working and must be available on the premises at least one-half of that4-13
time.4-14
5. More than one licensed speech pathologist may supervise a speech4-15
pathologist’s assistant. One licensed speech pathologist may supervise not4-16
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 supervising4-19
speech pathologist.4-20
2. Follow written plans or protocols of treatment prepared by the4-21
supervising speech pathologist.4-22
3. Record a patient’s progress in meeting objectives stated in a plan4-23
or protocol of treatment and report this information to the supervising4-24
speech pathologist.4-25
4. Assist in the preparation of notes and materials and in other4-26
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 is4-28
reviewed and cosigned by the supervising speech pathologist.4-29
6. Schedule activities and prepare charts or other displays of4-30
information on behalf of the supervising speech pathologist.4-31
7. Maintain and verify the performance of equipment used by the4-32
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 a4-37
licensed speech pathologist.4-38
2. Perform diagnostic tests or evaluations or interpret the results of4-39
those tests or evaluations.4-40
3. Participate in conferences with parents or professional personnel4-41
without the presence of the supervising speech pathologist or another4-42
licensed speech pathologist designated by the supervising speech4-43
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 the5-3
guidance and approval of the supervising speech pathologist.5-4
6. Treat a patient without following the individualized plan prepared5-5
by the supervising speech pathologist or without an opportunity to consult5-6
the supervising speech pathologist.5-7
7. Accept a patient for services, refer a patient for additional services5-8
or discharge a patient.5-9
8. Disclose clinical or confidential information to any person not5-10
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 ventilator5-13
or has had a tracheostomy or a laryngectomy, until the patient is5-14
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: 637B.020 As used in this chapter, unless the context otherwise5-17
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 to5-19
them in those sections.5-20
Sec. 14. NRS 637B.160 is hereby amended to read as follows: 637B.1605-22
audiology or speech pathology must be issued a license by the board if he:5-23
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remain and work in the United States;5-26
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5-29
5-30
4. Has a master’s degree in audiology or speech pathology from an5-31
accredited college or university approved by the board;5-32
5. Has completed at least5-33
experience in audiology or speech pathology, or both;5-34
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the board;5-36
5-37
5-38
5-39
this chapter.5-40
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Sec. 15. NRS 637B.210 is hereby amended to read as follows:6-10
637B.210 1. All licenses6-11
audiology or speech pathology, except a temporary license, expire on6-12
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 continuing6-15
education prescribed by the board may renew his license before its6-16
expiration upon submission of the statement required pursuant to NRS6-17
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 NRS6-19
637B.166 or pay the fee for annual renewal of his license before its6-20
expiration, his license may be renewed only upon the payment of the6-21
reinstatement fee in addition to the renewal fee. A license may be renewed6-22
pursuant to this subsection only if all fees are paid and the statement6-23
required pursuant to NRS 637B.166 is submitted within 3 years after the6-24
license has expired.6-25
4. A licensee who wishes to have his license reinstated must prove to6-26
the satisfaction of the board that he has met the requirements for continuing6-27
education prescribed by the board for the period during which his license6-28
was expired.6-29
Sec. 16. NRS 637B.230 is hereby amended to read as follows: 637B.230 1. The board shall charge and collect only the following6-31
fees whose amounts must be determined by the board, but may not exceed:6-32
Application fee for a license to practice speech6-34
Application fee for a license to practice audiology6-35
Application fee for a license as a speech6-37
Annual fee for the renewal of a license6-38
Reinstatement fee6-39
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’s7-3
assistant must:7-4
1. Hold a bachelor’s degree in speech pathology.7-5
2. Complete a period of practical training, prescribed by7-6
regulation of the board, under the supervision of a licensed speech7-7
pathologist.7-8
3. Submit to the board, on a form provided by the board, an7-9
application that sets forth his education and training.7-10
4. Submit to the board a form completed by a licensed speech7-11
pathologist that verifies that he will supervise the applicant’s work.7-12
The form must be provided by the board.7-13
5.7-14
7-15
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 expires7-18
on December 31 of each year.7-19
2. Each holder of a license as a speech pathologist’s assistant7-20
may renew his license before its expiration upon7-21
7-22
the fee for the annual renewal of a license.7-23
3. If a licensee fails to7-24
7-25
license before its expiration, his license may be renewed only upon7-26
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 fees7-28
are paid7-29
7-30
Sec. 19. The amendatory provisions of this act do not apply to7-31
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 this7-33
act become effective on October 1, 1999.7-34
2. Sections 17 and 18 of this act become effective on the date on which7-35
the provisions of 42 U.S.C. § 666 requiring each state to establish7-36
procedures under which the state has authority to withhold or suspend, or to7-37
restrict the use of professional, occupational and recreational licenses of7-38
persons who:7-39
(a) Have failed to comply with a subpoena or warrant relating to a7-40
proceeding to determine the paternity of a child or to establish or enforce an7-41
obligation for the support of a child; or7-42
(b) Are in arrears in the payment for the support of one or more7-43
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 on8-3
which the provisions of 42 U.S.C. § 666 requiring each state to establish8-4
procedures under which the state has authority to withhold or suspend, or to8-5
restrict the use of professional, occupational and recreational licenses of8-6
persons who:8-7
(a) Have failed to comply with a subpoena or warrant relating to a8-8
proceeding to determine the paternity of a child or to establish or enforce an8-9
obligation for the support of a child; or8-10
(b) Are in arrears in the payment for the support of one or more8-11
children,8-12
are repealed by the Congress of the United States.~