PROPOSED RULEMAKING
STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE
AND HEARING
[49 PA. CODE CH. 45]
Continuing Education
[34 Pa.B. 3143]
The State Board of Examiners in Speech-Language and Hearing (Board) proposes to amend §§ 45.1, 45.2 and 45.13 (relating to fees; definitions; and renewal; inactive status) and to add Subchapter G (relating to continuing education) to read as set forth in Annex A.
Effective date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under section 5(7) of the Speech-Language and Hearing Licensure Act (act) (63 P. S. § 1705(7)).
Background and Need for the Proposed Rulemaking
The act of October 18, 2000 (P. L. 536, No. 71) authorizes the Board to establish by regulation a continuing education requirement for biennial renewal of licenses of speech-language and hearing professionals.
Description of the Proposed Rulemaking
The proposed rulemaking will require licensed speech-language and hearing professionals to successfully complete 20 clock hours of continuing education as a condition for each biennial renewal period. The continuing education requirement will be implemented after providing written notice to all licensees in accordance with section 5(7) of the act. The applicable biennial period will be inserted in the final-form rulemaking based on the effective date of the rulemaking. Upon application for renewal, each licensee will provide verification of successful completion of the required continuing education. The Board shall require documentary proof of successful completion from the licensees selected for audit. All licensees shall maintain proof of completion of continuing education credits for 4 years. The Board will not renew the license of a licensee who did not complete the required continuing education prior to the renewal date. Upon completion of continuing education, the Board may then renew that license.
In addition, the proposed rulemaking provides standards by which the Board may approve providers of courses of continuing education and responsibilities of the providers. The Board will be deemed to have approved any course previously approved or sponsored by the American Speech-Language and Hearing Association, the American Academy of Audiology and courses offered by academic programs in speech-language pathology, audiology or teaching of the hearing impaired associated with institutions of higher education accredited by any state's department of education or a regional commission on institutions of higher education. Other providers may apply for approval of individual courses at least 90 days prior to the scheduled course date. The application fee for individual course approval will be $40. The Board may deny approval of any course for which the identified faculty is not qualified, the course is in office management, the method for certifying attendance is not verifiable or the provider has made material misstatements in the application. Each provider will be required: to disclose to prospective attendees in advance the objective, content, teaching method and number of hours of continuing education credit; to open the course to licensees; to provide adequate physical facilities; to provide appropriate instructional materials; to employ qualified instructors; and to evaluate the program. Each provider will also be required to provide to each attendee a record of the continuing education, including the participant's name, the dates of the program, the name of the program, the provider's name and the number of continuing education credits. The provider must also be able to provide the Board with verification of a licensee's participation in a continuing education program, including the date of the approval of the program and the name of the entity that approved the program for continuing education credit.
Finally, the proposed rulemaking will authorize disciplinary action against licensees who fail to complete the required continuing education or who submit fraudulent records. Under the same section, providers are subject to the revocation of course approval for appropriate grounds.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will have a limited fiscal impact on the Commonwealth or its political subdivisions. The proposed rulemaking requires the Board to review all applications for compliance with the continuing education requirement and additional costs will be incurred during the audit process. Ten percent of all licenses will be selected for audit of the continuing education following each biennial renewal period. The costs incurred in the audit will include the cost of postage for inquiry letters, the administrative costs of reviewing the responses and any additional disciplinary action to be taken against licensees who have not complied with the continuing education requirement. It is impossible to estimate the number of licensees who might not comply with the required amount of continuing education. Therefore, the Board cannot estimate any increased enforcement costs at this time. There are no other costs or savings to State government associated with implementation of the proposed rulemaking.
Sunset Date
The Board continuously monitors the cost effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 8, 2004, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Sandra Matter, Administrative Assistant, State Board of Examiners in Speech-Language and Hearing, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
SONYA M. WILT,
Chairperson
Fiscal Note: 16A-6802. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 45. STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE AND HEARING
Subchapter A. GENERAL PROVISIONS
§ 45.1. Fees.
(a) The following are the fees set by the State Board of Examiners in Speech-Language and Hearing:
* * * * *
| (5) Application for continuing education course approval | $40 |
|---|
* * * * *
§ 45.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * *
Biennial renewal period--The period from August 1 of an even-numbered year to July 31 of the next even-numbered year.
* * * * *
Clock hour--Consists of 50 to 60 minutes of instruction or participation in an approved continuing education course or program.
Continuing education record--Report provided to a participant in a continuing education course or program by the provider which indicates the name of the participant, the dates of the program, the name of the program, the provider's name and the number of clock hours of continuing education credit.
* * * * *
Inactive license--A license status in which the licensee notifies the Board that the licensee no longer requires an active license to practice.
Lapsed license--A license status in which the license has not been currently renewed.
* * * * *
Provider--An agency, organization, institution, association or center approved by the Board to offer an organized continuing education course or program.
* * * * *
Subchapter B. LICENSURE
§ 45.13. Renewal; inactive status; required continuing education.
* * * * *
(g) Beginning with the renewal period following ______ (Editor's Note: The blank refers to the effective date of the adoption of this proposed rulemaking.), an application for renewal of a speech-language pathologist, audiologist or teacher of the hearing impaired license will not be granted unless the licensee has certified that the licensee has completed the required continuing education hours under § 45.501 (relating to credit hour requirements). If requested by the Board, an application for renewal must also include the documentation required by § 45.504 (relating to reporting of completion of continuing education).
(h) An application for reactivation of an inactive or lapsed speech-language pathologist, audiologist or teacher of the hearing impaired license must also include the documentation required by § 45.504 for the preceding biennial period.
Subchapter G. CONTINUING EDUCATION
§ 45.501. Credit hour requirements.
(a) Each speech-language pathologist, audiologist or teacher of the hearing impaired shall complete 20 clock hours of continuing education during each biennial renewal period, beginning with the renewal period following ______ (Editor's Note: The blank refers to the effective date of the adoption of this proposed rulemaking.)
(b) Up to 10 clock hours of approved continuing education credit per biennial renewal period may be granted on a case-by-case basis for services as a lecturer or speaker, and for publication of articles, books and research relating to the practice of speech-language pathology, audiology or teaching of the hearing impaired. A licensee seeking continuing education credit under this subsection shall submit a written request with a copy of the lecture, presentation, article, book or research. The request shall be submitted 180 days prior to the expiration of the biennial renewal period for which the licensee is seeking credit.
(c) Unless granted a waiver under § 45.502 (relating to exemption and waiver), the Board will not renew or reactivate any speech-language pathologist, audiologist or teacher of the hearing impaired license until the continuing education required prior to the current biennial renewal period has been completed.
§ 45.502. Exemption and waiver.
(a) An individual applying for initial licensure shall be exempted from the continuing education requirement for the biennial period in which the license is granted.
(b) The Board may waive all or part of the continuing education requirement for a biennial renewal period upon request of a licensee. The request must be made in writing, with supporting documentation, and include a description of circumstances sufficient to show why compliance is impossible. Waiver requests will be evaluated by the Board on a case-by-case basis. Waivers may be granted for serious illness, military service or other demonstrated hardship. The Board will send written notification of its approval or denial of a waiver request.
§ 45.503. Continuing education requirement for biennial renewal of inactive and lapsed licenses.
A licensee seeking to reinstate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennial period.
§ 45.504. Reporting completion of continuing education.
(a) Applicants at the time of license renewal shall provide, on forms provided by the Board, a signed statement certifying that the continuing education requirement has been met.
(b) The Board will utilize a random audit of renewals to determine compliance with the continuing education requirement. Applicants selected for audit shall provide the Board the certified continuing education record, as described in § 45.506(b) (relating to provider responsibilities), for each continuing education program completed to prove compliance with the continuing education requirement.
(c) Individuals shall retain the certified continuing education records for courses completed for a minimum of 4 years.
§ 45.505. Approval of continuing education programs.
(a) Credit for continuing education may be obtained for any program approved in advance by the Board. Preapproval is contingent upon compliance with § 45.506 (relating to provider responsibilities).
(b) Anyone, to include colleges, universities, associations, professional societies and organizations, seeking approval to offer programs of continuing education shall:
(1) Apply for approval of the program on forms provided by the Board.
(2) File the application at least 90 days prior to the first scheduled date of the program.
(c) An application must contain:
(1) The full name and address of the provider.
(2) The title of the program.
(3) Faculty names and credentials, and, if requested by the Board, curriculum vitae.
(4) A schedule of the program, including the title and description of each subject, the name of the lecturers and the time allotted.
(5) The total number of clock hours of credit to be awarded.
(6) A method of certifying participation.
(7) The program coordinator who is responsible for certifying participation and compiling an official list of Pennsylvania licensees in attendance at the continuing education program.
(8) A fee as required by § 45.1 (relating to fees).
(d) The Board may deny approval of a program of continuing education based on any appropriate grounds, including the following:
(1) The provider failed to comply with § 45.506 for other programs.
(2) The provider made one or more false or misleading material statements on the application.
(3) The identified faculty is deemed not qualified to present the program.
(4) The course content is in office management or practice building.
(5) The method of certifying participation is not verifiable.
(e) The following programs are deemed approved for continuing education credit:
(1) Continuing education programs approved or sponsored by the American Speech-Language and Hearing Association.
(2) Continuing education programs approved or sponsored by the American Academy of Audiology.
(3) Courses and programs offered by academic programs in speech-language pathology, audiology or teaching of the hearing impaired associated with institutions accredited by any state's department of education or a regional commission on institutions of higher education.
§ 45.506. Provider responsibilities.
(a) For each program, the provider shall:
(1) Disclose to prospective participants in advance the objectives, content, teaching method and number of hours of continuing education credit.
(2) Open each course to licensees.
(3) Provide adequate facilities for the number of anticipated participants and the teaching methods to be used.
(4) Provide appropriate instructional materials.
(5) Utilize a verifiable method of certifying participation.
(6) Employ qualified instructors who are knowledgeable in the subject matter.
(7) Evaluate the program through the use of questionnaires of the participants.
(8) Issue a certified continuing education record to each participant.
(9) Retain participation records, written outlines and a summary of evaluations for 5 years.
(10) Provide the Board, upon request, verification of licensee's participation in a continuing education program, including the date of approval of the program and the name of the entity that approved the program for continuing education credit.
(b) Each continuing education record must include at a minimum:
(1) The name of the participant.
(2) The dates of participation in the program.
(3) The name of the program.
(4) The provider's name.
(5) The number of clock hours of continuing education credit.
(6) The course approval number or an indication of the provider's status as a preapproved provider.
§ 45.507. Disciplinary action authorized.
(a) A licensed speech-language pathologist, audiologist or teacher of the hearing impaired who submits fraudulent continuing education records may be subject to discipline under section 10 of the act (63 P. S. § 1710).
(b) A licensed speech-language pathologist, audiologist or teacher of the hearing impaired who fails to complete the required continuing education requirement within any biennial renewal period may be subject to discipline.
(c) The falsification of a continuing education record by a program provider may result in revocation of approval by the Board for further program offerings by that provider.
(d) The Board may revoke the approval of a provider based on any appropriate grounds, including failure of the provider to comply with § 45.506 (relating to provider responsibilities).
[Pa.B. Doc. No. 04-1065. Filed for public inspection June 18, 2004, 9:00 a.m.]
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