RULES AND REGULATIONS
STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
[ 49 PA. CODE CH. 45 ]
Continuing Education
[44 Pa.B. 7555]
[Saturday, December 6, 2014](Editor's Note: The act of July 2, 2014 (P. L. 971, No. 106) renamed the State Board of Examiners in Speech-Language and Hearing as the State Board of Examiners in Speech-Language Pathology and Audiology.)
The State Board of Examiners in Speech-Language Pathology and Audiology (Board) amends §§ 45.1, 45.501—45.505 and 45.507 to read as set forth in Annex A.
Effective Date
The final-form rulemaking will become effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
This final-form rulemaking is authorized by section 5(2) and (7) of the Speech-Language Pathologists and Audiologists Licensure Act (act) (63 P. S. § 1705(2) and (7)).
Description and Need for the Rulemaking
In 2006, the Board promulgated initial regulations concerning continuing education. Having applied the continuing education requirements during two subsequent renewal cycles, the Board has identified areas of the regulations where clarity or completeness could be improved.
Summary of Comments and Responses to Proposed Rulemaking
The Board published the proposed rulemaking at 43 Pa.B. 5828 (October 5, 2013) with a 30-day public comment period. The Pennsylvania Speech-Language Hearing Association expressed its support for the proposed rulemaking. The Board received no other comments from the public. The Independent Regulatory Review Commission (IRRC) commented as part of its review of proposed rulemaking under the Regulatory Review Act (71 P. S. §§ 745.1—745.12a). The House Professional Licensure Committee (HPLC) and the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) did not comment on the proposed rulemaking.
IRRC noted that section 5(7) of the act allows the Board to waive all or part of the continuing education requirements due to illness, emergency or hardship, but is silent on whether an extension of time to complete required continuing education is appropriate. IRRC asked the Board to explain why it believes that the inclusion of the proposed language is consistent with section 5(7) of the act and the intent of the General Assembly.
Section 5(7) of the act authorizes the Board to waive all or part of the continuing education requirement for a licensee who shows to the satisfaction of the Board that the licensee was unable to complete the requirement due to illness, emergency or hardship and requires the licensee to make the request in writing, with appropriate documentation, describing the circumstances sufficient to show why the licensee is unable to comply with the requirement. Section 45.502(b) (relating to exemption and waiver) already addresses this process. In addition to the circumstances that cause the licensee's hardship, the Board typically considers the extent to which the licensee has already completed continuing education in deciding whether to waive the requirement or grant an extension for a temporary hardship. Also, because oftentimes the circumstances result from unexpected events at the last minute that keep a licensee from participating in continuing education as planned, the Board will sometimes grant a limited extension of time in which to complete continuing education rather than waive the requirement entirely. The Board considers granting an extension of time in which to complete required continuing education due to illness, emergency or hardship as granting a waiver in part, and the authority to grant a waiver includes the authority to grant it in part. Additionally, granting an extension of time, when appropriate, serves the purposes of the act. Requiring completion of continuing education as a condition of renewal assures that licensees remain competent to practice. Rather than relieving a licensee of all obligation to complete continuing education, extending the time in which to complete the required continuing education assures that competence while also accommodating a temporary illness, emergency or hardship experienced by the licensee.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will not have adverse fiscal impact on the Commonwealth, its political subdivisions or the private sector. The final-form rulemaking will not impose additional paperwork requirements upon the Commonwealth, its political subdivisions or the private sector.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 25, 2013, the Board submitted a copy of the notice of proposed rulemaking, published at 43 Pa.B. 5828, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 22, 2014, the final-form rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 23, 2014, and approved the final-form rulemaking.
Additional Information
Persons who require additional information about the final-form rulemaking should submit inquiries to Judith Pachter Schulder, Counsel, State Board of Examiners in Speech-Language Pathology and Audiology, P. O. Box 2649, Harrisburg, PA 17105-2649, RA-SPEECH@pa.gov.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and the comments were considered.
(3) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of the act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 45, are amended by amending §§ 45.1, 45.501—45.505 and 45.507 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
JAMES L. SHAFER, AuD,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 7145 (November 8, 2014).)
Fiscal Note: Fiscal Note 16A-6807 remains valid for the final adoption of the subject regulations.
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 PATHOLOGY AND AUDIOLOGY
Subchapter A. GENERAL PROVISIONS § 45.1. Fees.
The following are the fees set by the State Board of Examiners in Speech-Language and Hearing:
(1) Initial license—speech-language pathologist,
audiologist or teacher of the hearing impaired
$20(2) Certification of licensure
$15(3) Biennial renewal
$46(4) Examination for teacher of the hearing
impaired
$87(5) Application for continuing education approval
(other than preapproved provider)
$40
Subchapter G. CONTINUING EDUCATION § 45.501. Credit hour requirements.
(a) Each speech-language pathologist, audiologist or teacher of the hearing impaired shall have completed 20 clock hours of continuing education per license during each preceding biennial renewal period, beginning with the renewal period commencing August 1, 2008. Excess clock hours may not be carried over to the next biennium.
(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 and a fee for continuing education approval as required under § 45.1 (relating to fees). The request shall be submitted 180 days prior to the expiration of the biennial renewal period for which the licensee is seeking credit. An instructor of a program approved under § 45.505 (relating to approval of continuing education programs) will receive credit to the same extent that an attendee will receive credit and is not required to apply for approval under this subsection.
(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 requirement for the current biennial period has been completed.
(d) A licensee may not receive credit for participation in substantially the same program more than once during a single renewal cycle.
§ 45.502. Exemption and waiver.
(a) A licensee is not required to complete continuing education during the biennial renewal period in which the licensee was first licensed to renew for the next biennium.
(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 statement of how much continuing education the licensee has completed and a description of circumstances sufficient to show why compliance is impossible. Except for good cause shown, a licensee seeking a waiver shall submit the request to the Board at least 60 days before the current expiration date of the license for the Board to evaluate the request prior to expiration of the license. 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. A waiver request seeking an extension of time to complete required continuing education shall include the licensee's plan to complete the required continuing education. The Board will send written notification of its approval or denial of a waiver request.
§ 45.503. Continuing education requirement for reactivation of inactive and lapsed licenses.
A licensee seeking to reactivate an inactive or lapsed license shall show proof of compliance with the continuing education requirement for the preceding biennial period. Only continuing education obtained during the 24-month period immediately preceding application for reactivation may be used to justify reactivation. This continuing education is in addition to continuing education required to subsequently renew the license under § 45.501(c) (relating to credit hour requirements).
§ 45.504. Reporting completion of continuing education.
(a) Licensees applying for biennial license renewal shall provide, on forms provided by the Board, a signed statement certifying that the continuing education requirement has been met and information to support the certification which includes the following:
(1) Dates attended.
(2) Continuing education hours claimed.
(3) Title of course and description of content.
(4) Location of course.
(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.
(d) Instead of the continuing education record required under subsection (b), a licensee who successfully completed a program preapproved under § 45.505(d)(3) (relating to approval of continuing education programs) may document completion by means of an official transcript of the institution.
§ 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) Any person or entity, including an agency, organization, institution, college, university, professional society, association or center, seeking approval of continuing education programs 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 course content, the name and brief synopsis of qualifications 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 following programs are deemed approved for continuing education credit:
(1) Continuing education programs approved or sponsored by the American Speech-Language-Hearing Association.
(2) Continuing education programs approved or sponsored by the American Academy of Audiology.
(3) Courses and programs offered for credit 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.
(e) The Board may deny approval of a program of continuing education based on the following grounds:
(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.
(f) The Board may revoke the approval of a provider on the following grounds:
(1) Failure of the provider to comply with § 45.506.
(2) Falsification of a continuing education record by a program 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 unless the licensee is exempt or has been granted a waiver under § 45.502 (relating to exemption and waiver).
(c) Notwithstanding discipline imposed by the Board under subsection (b), whether by formal disciplinary proceedings or by issuance of a citation as set forth in § 43b.16a (relating to schedule of civil penalties—audiologists, speech-language pathologists and teachers of the hearing impaired), a licensed speech-language pathologist, audiologist or teacher of the hearing impaired who has been found to be deficient in continuing education hours shall make up deficiencies within 6 months of receiving notice of the deficiency.
(d) Failure to make up deficient continuing education hours as required under subsection (c) may subject the licensed speech-language pathologist, audiologist or teacher of the hearing impaired to further discipline under section 10 of the act.
[Pa.B. Doc. No. 14-2506. Filed for public inspection December 5, 2014, 9:00 a.m.]
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