The Board proposes to incorporate a revised application for certification of assistants, an amendment for on-the-job training and supervision of assistants, and a new rule for board established and approved protocols for speech-language pathology ...

 

DEPARTMENT OF HEALTH

Board of Speech-Language Pathology and Audiology

RULE NOS.:RULE TITLES:

64B20-4.001Certification of Assistants

64B20-4.003On-the-Job Training, Role and Observation of Speech-Language Pathology and Audiology Assistants

64B20-4.004Supervision of Speech-Language Pathology Assistants and Audiology Assistants

64B20-4.0045Board Established and Approved Protocols for Speech-Language Pathology Assistants

PURPOSE AND EFFECT: The Board proposes to incorporate a revised application for certification of assistants, an amendment for on-the-job training and supervision of assistants, and a new rule for board established and approved protocols for speech-language pathology assistants.

SUMMARY: The proposed rules incorporate a revised application, an amendment, and new rule language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.013, 468.1125(9), 468.1135(4) FS.

LAW IMPLEMENTED: 456.013, 456.0635, 468.1125(3), (4) (9), 468.1215 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kama Monroe, Executive Director, Board of Speech-Language Pathology and Audiology, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B20-4.001 Certification of Assistants.

Any person desiring to be certified as a speech-language pathology assistant or audiology assistant shall apply to the Department of Health. The application shall be made on Form DH-SPA-3, Application for Speech-Language Pathology or Audiology Assistant Certification With Instruction Attached, which is incorporated by reference herein, revised (11/19) (07/16), and can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-           07463, or the Board of Speech-Language Pathology and Audiology, Department of Health, 4052 Bald Cypress Way, Bin #C-06, Tallahassee, Florida 32399-3256 or at http://floridasspeechaudiology.gov/resources/. Such application and application fee required pursuant to Rule 64B20-3.0001 64B20-3.002, F.A.C., shall expire one year from the date on which the application and fee are initially received in the Board office. After the period of one year, a new application and application fee must be submitted.

Rulemaking Authority 456.013, 468.1125(9), 468.1135(4) FS. Law Implemented 456.013, 456.0635, 468.1125(3), (9), 468.1215 FS. History–New 3-14-91, Amended 12-4-91, Formerly 21LL-4.001, Amended 10-12-93, Formerly 61F14-4.001, Amended 5-22-96, Formerly 59BB-4.001, Amended 7-16-09, 4-18-10, 7-13-13, 9-9-13, 10-23-16,                     .

 

64B20-4.003 On-the-Job Training, Role and Observation of Speech-Language Pathology and Audiology Assistants.

(1) through (9) No change.

(10) The speech-language pathologist shall directly observe the speech-language pathology assistant’s service as follows:

(a) During the first 12 months of continuous employment on at least one occasion, and if treatment is provided, a minimum of one out of every five sessions or a minimum of one session every 30 days two weeks per client or more frequently depending upon the individual client’s needs.

(b) Following the first 12 months of continuous employment on at least one occasion and, if treatment is provided, a minimum of one session every 60 days out of every fifteen sessions or more frequently depending upon the individual client’s needs.

(11) No change.

Rulemaking Authority 468.1135(4) FS. Law Implemented 468.1125(3), (4), 468.1215 FS. History–New 3-14-91, Formerly 21LL-4.003, 61F14-4.003, Amended 9-8-94, 8-17-95, Formerly 59BB-4.003, Amended 2-2-04, 2-21-05, 9-9-13,                               .

 

64B20-4.004 Supervision of Speech-Language Pathology Assistants and Audiology Assistants.

(1) through (2) No change.

(3) Assistants must be under the direct supervision of a licensee who has met all the requirements of Section 468.1185, F.S. Direct supervision requires the physical presence of the licensee in the same facility when the assistant is carrying out assigned responsibilities, unless acting pursuant to Board of Speech Language Pathology and Audiology approved protocols as established in rule 64B20-4.0045, in order for the licensee to be available for consultation and direction The supervising licensee shall make provisions for emergency situations including the designation of another licensee who has agreed to be available to provide direct supervision to the assistant when the supervising licensee is not available. In the event that a supervising licensee is not on the premises, the assistant may only perform duties not involving direct client contact unless acting pursuant to Board of Speech Language Pathology and Audiology approved protocols as established in rule 64B20-4.0045.

(4) through (5) No change.

Rulemaking Authority 468.1125(9) FS. Law Implemented 468.1125(3), (4), (9) FS. History–New 3-14-91, Amended 11-3-92, 2-4-93, Formerly 21LL-4.004, 61F14-4.004, Amended 9-8-94, 8-17-95, 5-22-96, Formerly 59BB-4.004, Amended 9-9-13,                      .

 

64B20-4.0045 Board Established and Approved Protocols for Speech-Language Pathology Assistants.

(1) The following are Board of Speech-Language Pathology and Audiology established and approved protocols for consultation and supervision of speech-language pathology assistants prior to providing services in a location distant to the supervising licensee pursuant to Fla. Stat. § 468.1125(9), Part I, F.S., Rule Chapter 64B20-4.003 and Rule Chapter 64B20-4.004, F.A.C.:

(a) Competency of duties for which the assistant has been specifically trained and is authorized to perform under Chapter 468, Part I, F.S. and Rule Chapter 64B20, F.A.C. in the areas defined in Rule 64B20-4.003 (4).

(b) Once competency is achieved, Form DH5043-MQA entitled, “Written Protocol: Speech Language Pathology Agreement Collaborative Practice Agreement,” must be signed by supervising licensee and speech language pathology assistant affirming the mutual agreement between the licensee and the assistant are acting under established and approved Board of Speech-Language Pathology and Audiology protocols.

(c) The written protocol Form DH5043-MQA signed by the licensed Speech Language Pathologist (SLP) and the Speech Language Pathology Assistant (SLPA) shall minimally include the following:

1. General Information

2. Description of Duties of the SLPA

3. Description of Duties of the SLP

4. Certification

5. Designated Licensee

(d) Supervising licensee shall require the availability of the supervising speech language pathologist for consultation with and direction of the supervised assistant must be available via synchronous telecommunication.

(2) The licensed supervising speech-language pathologist will maintain full ethical and legal responsibility for all actions of the assistant when services are provided.

(3) The licensed supervising speech-language pathologist must hold a clear and active license within the state of Florida.

Rulemaking Authority: 468.1125(9) FS. Law Implemented: 468.1125(3) (4) (9) FS. History – New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Speech-Language Pathology and Audiology

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Speech-Language Pathology and Audiology

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 1, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 4, 2019