EDU-15-08-00004-RP Education, Experience, Examination and Endorsement Provisions for Licensure of Speech-Language Pathologists and Audiologists  

  • 7/9/08 N.Y. St. Reg. EDU-15-08-00004-RP
    NEW YORK STATE REGISTER
    VOLUME XXX, ISSUE 28
    July 09, 2008
    RULE MAKING ACTIVITIES
    EDUCATION DEPARTMENT
    REVISED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. EDU-15-08-00004-RP
    Education, Experience, Examination and Endorsement Provisions for Licensure of Speech-Language Pathologists and Audiologists
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following revised rule:
    Revised action:
    Addition of sections 52.36, 52.37, 75.1–75.7, repeal of sections 75.1, 75.2 and 75.3 and renumbering of section 75.4 to 75.8 of Title 8 NYCRR.
    Statutory authority:
    Education Law, sections 207 (not subdivided), 212(3), 6504 (not subdivided), 6506(5) and (6), 6507(1), (2)(a) and (4)(a), 8206(2), (3) and (4)
    Subject:
    Education, experience, examination and endorsement provisions for licensure of speech-language pathologists and audiologists.
    Purpose:
    To conform New York State requirements for licensure as a speech pathologist or audiologist to current developments and terminology in the field, align these regulations with Federal Medicaid requirements and expand opportunities for qualified speech-language pathologists and audiologists in other jurisdictions to become licensed in New York State.
    Substance of revised rule:
    The Board of Regents proposes to add sections 52.36, 52.37, 75.1, 75.2, 75.3, 75.4, 75.5, 75.6 and 75.7, repeal sections 75.1, 75.2 and 75.3 and renumber section 75.4 to 75.8 of the Regulations of the Commissioner of Education, effective October 9, 2008.
    Sections 52.36(a)(1) and (2) define “acceptable certifying agency” and “supervision” for purposes of this section.
    Section 52.36(b) sets forth the requirements for a registered program leading to licensure in speech-language pathology.
    Section 52.36(b)(1) requires that a registered program leading to licensure in speech-language pathology be a program in speech-language pathology leading to a master's or higher degree from a college or university acceptable to the department or its equivalent, which includes at least 75 semester hours or the equivalent, provided that at least 36 semester hours of the program have been at the master's or higher degree level.
    Section 52.36(b)(2) sets forth the curricular content for a registered program in speech-language pathology.
    Section 52.36(b)(3) requires that a registered program leading to licensure in speech-language pathology include a practicum in speech-language pathology of at least 400 clock hours under supervision, at least 375 clock hours of which shall be in direct client contact, at least 25 clock hours of which shall be in clinical observation, and at least 325 clock hours of which shall be at the master's or higher degree level.
    Section 52.37(a) defines acceptable certifying agency and supervision for purposes of this section.
    Section 52.37(b) sets forth the requirements for a registered program leading to licensure in audiology.
    Section 52.37(b)(1) requires that a registered program leading to licensure in audiology be a program in audiology leading to a master's or higher degree from a college or university acceptable to the department, which includes at least 75 semester hours at the graduate level, or its equivalent.
    Section 52.37(b)(2) requires that a registered program leading to licensure in audiology contain curricular content that includes, but is not limited to: at least 12 semester hours in human communication processes and sciences, at least 36 semester hours in professional practice areas in audiology, and 27 additional semester hours in the above or related areas.
    Section 52.37(b)(3)(i) requires that any student completing a doctoral decree program in audiology complete through the course of such program not less than 1,820 clock hours of graduate clinical experience under supervision, of a scope and nature satisfactory to the State Board for Speech-Language Pathology and Audiology.
    Section 52.37(b)(3)(ii) requires that any student completing a master's degree program in audiology, or its equivalent, shall have completed throughout the course of his/her educational program 400 clock hours of practicum under supervision, provided that no more than half of the total semester hours for the program may be advanced standing credit granted for speech-language pathology study at the baccalaureate level.
    Section 75.1(a) defines “acceptable accrediting agency”.
    Section 75.1(b) sets forth the professional education requirements for licensure as a speech-language pathologist in New York State, including completion of a master's or higher degree program in speech-language pathology that is either registered by the department pursuant to Section 52.36, or accredited by an acceptable accrediting agency, or from a program determined by the department to be a speech-language pathology program equivalent to such a registered or accredited program.
    Section 75.2(a) and (b) require an applicant seeking licensure as speech-language pathologist to complete 36 weeks of supervised experience within four years following completion of an educational program meeting the requirements of section 75.1 of the Regulations of the Commissioner of Education. Credit toward the experience requirement may be given for part-time employment accumulated at the rate of not less than 12 hours per week for continuous periods of not less than six months.
    Section 75.2(c)(1) and (2) states that supervised experience shall include meeting with and observing the applicant on a regular basis to review and evaluate such supervised experience and to foster professional development. Supervision shall also include regular observation of the applicant while the applicant is providing assessment and intervention services and shall take place at the beginning and periodically throughout treatment.
    Section 75.2(c)(3) requires that the supervisor be familiar with the applicant's treatment plans and have ongoing involvement in the care provided, and shall review the need for ongoing services.
    Section 75.2(c)(4) requires that the supervision be provided by the organization in which the applicant is working, and by an individual who is licensed in New York State in speech-language pathology, except that supervision of experience acquired outside New York State or in an exempt setting as established in section 8207 of the Education Law may be provided by a person approved for supervision by an acceptable certifying agency as defined in section 52.36 of the Commissioner's Regulations, or by a person holding the Certificate of Clinical Competence of the American Speech-Language Hearing Association.
    Section 75.3 is added to define the examination requirement for speech-language pathology licensure as one determined by the department to be acceptable for licensure as a speech-language pathologist.
    Section 75.4(a) defines “acceptable accrediting agency” for purposes of this section.
    Section 75.4(b) sets forth the professional education requirements for applicants seeking licensure as an audiologist prior to January 1, 2009, including satisfactory evidence of completion of a program in audiology registered by the department or determined by the department to be the equivalent and receipt of a master's degree in audiology, or the equivalent. To be considered the equivalent of a master's degree in audiology, the applicant's educational program must culminate in a graduate degree from a college acceptable to the department and shall include a practicum and 60 semester hours of certain courses, as delineated in this subdivision.
    Section 75.4(c) sets forth the professional education requirements for applicants seeking licensure as an audiologist after January 1, 2009, including completion of a master's or higher degree program in audiology, that is either registered by the department pursuant to Section 52.37, or accredited by an acceptable accrediting agency, or from a program determined by the department to be an audiology program equivalent to such a registered or accredited program.
    Sections 75.5(a)(1), (2) and (3) set forth the experience requirements for persons applying for licensure as an audiologist prior to January 1, 2009, requiring such applicant to have completed not less than nine months of supervised experience of a scope and nature satisfactory to the State Board for Speech-language Pathology and Audiology with not more than two employers, within the two-year period following completion of an educational program that meets the requirements of section 75.4 of this Part. Credit toward the experience requirement may be given for part-time employment accumulated at the rate of not less than two days per week and consisting of not less than 15 hours per week for continuous periods of not less than six months.
    Section 75.5(a)(3) defines “supervision”.
    Sections 75.5(b)(1)(i) and (ii) set forth the experience requirements for persons applying for licensure as an audiologist after January 1, 2009, requiring an applicant who has satisfactorily completed the master's degree program to complete 1,420 hours of supervised experience within four years following completion of the program, or its equivalent and such experience shall be obtained by not more than two employers. Credit toward such experience may be given for part-time employment accumulated at not less than 12 hours per week for continuous periods of not less than six months.
    Section 75.5(b)(2) states that no experience shall be required of an applicant seeking licensure as an audiologist who has met the professional educational requirement for licensure by satisfactorily completing the doctoral degree program requirements.
    Section 75.5(b)(3) specifies that supervision of the experience requirement for licensure as an audiologist must include meeting with and observing the applicant on a regular basis and must be provided by an individual who is licensed in New York State as an audiologist, except that supervision of experience acquired outside New York State or in an exempt setting may be provided by a person approved for supervision by an acceptable certifying agency, or by a person holding the Certificate of Clinical Competence of the American Speech-Language Hearing Association, or by a person holding Board Certification in Audiology from the American Board of Audiology.
    Section 75.6 is added to define the examination requirement for licensure as an audiologist as one determined by the department to be acceptable for licensure as an audiologist.
    Section 75.7 is added to provide for licensure by endorsement in speech-language pathology or audiology.
    Section 75.7(a) specifies that subdivision (b) describes the process for endorsement of a license in speech-language pathology or audiology issued by another state or territory of the United States and that subdivision (c) lists the requirements for endorsement of a license in speech-language pathology or audiology issued by another country.
    Section 75.7(b) lists the requirements for licensure by endorsement of license in speech-language pathology or audiology issued by another state or territory of the United States.
    Section 75.7(b)(1) requires an applicant seeking endorsement of a license by another state or territory of the United States to meet the requirements of section 59.6 of this Title.
    Section 75.7(b)(2) requires an applicant seeking endorsement of a license by another state or territory of the United States to present evidence acceptable to the department of completion of a satisfactory program in speech-language pathology or audiology that includes a practicum and a minimum of 60 semester hours in speech-language pathology or audiology, as appropriate, or the equivalent.
    Section 75.7(b)(3) requires an applicant seeking endorsement of a license by another state or territory to provide evidence satisfactory to the State Board for Speech-Language Pathology and Audiology of at least two years of acceptable professional experience in speech-language pathology or audiology, as appropriate, provided that such experience occurs following licensure in such jurisdiction and within the six years immediately preceding application for licensure by endorsement in New York State.
    Section 75.7(b)(4) requires the applicant for endorsement to meet the examination requirements prescribed in section 75.3 or 75.6 of this Part, as applicable.
    Section 75.7(b)(5) requires an applicant seeking endorsement of a license from another state or territory of the United States to hold certification from an acceptable certifying agency such as the American Speech and Hearing Association.
    Section 75.7(b)(6) requires an applicant seeking endorsement of a license from another state or territory of the United States to present evidence acceptable to the department of good standing as a licensee in each jurisdiction in which the applicant is licensed to practice speech-language pathology or audiology.
    Section 75.7(c) lists the requirements for endorsement of a license in speech-language pathology or audiology issued by another country.
    Section 75.7(c)(1) requires an applicant seeking endorsement of a foreign license to meet the requirements of section 59.6 of this Title.
    Section 75.7(c)(2) requires the applicant for endorsement to present evidence acceptable to the department of completion of a satisfactory program in speech-language pathology or audiology, as appropriate, or the equivalent of such a program.
    Section 75.7(c)(3) requires an applicant seeking endorsement of a foreign license to provide evidence satisfactory to the State Board for Speech-Language Pathology and Audiology of at least three years of professional experience, acceptable to such board, in speech-language pathology or audiology, as applicable, provided that such experience occurs following licensure in such jurisdiction and within the six years immediately preceding application for licensure by endorsement in New York State.
    Section 75.7(c)(4) requires the applicant for endorsement to meet the examination requirements prescribed in section 75.3 or 75.6 of this Part, as applicable, or pass a written examination for licensure in the country in which the applicant is licensed to practice speech-language pathology or audiology, as appropriate, which examination is satisfactory to the department.
    Section 75.7(c)(5) requires an applicant seeking endorsement of a foreign license to hold certification from an acceptable certifying agency.
    Section 75.7(c)(6) requires the applicant for endorsement to present evidence acceptable to the department of good standing as a licensee in each jurisdiction in which the applicant is licensed to practice speech-language pathology or audiology.
    Revised rule compared with proposed rule:
    Substantial revisions were made in sections 52.36(b)(2)(i), (ii) and (iii), 52.37(b)(2)(i), (ii) and (iii), (3)(ii), 75.4(b)(2)(v) and 75.5(b)(1).
    Text of revised proposed rule and any required statements and analyses may be obtained from:
    Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail: legal@mail.nysed.gov
    Data, views or arguments may be submitted to:
    Frank Munoz, Associate Commissioner, Education Department, Office of the Professions, 2nd Fl., West Wing, Education Bldg., 89 Washington Ave., Albany, NY 12234, (518) 474-3817, e-mail: opopr@mail.nysed.gov
    Public comment will be received until:
    30 days after publication of this notice.
    Revised Regulatory Impact Statement
    Since publication of a Notice of Proposed Rule Making in the State Register on April 9, 2008, the following substantial revisions were made to the proposed rule:
    Sections 52.36(b)(2)(i) and (ii) are revised to require that curricular content in human communication process and sciences as well as in professional practice areas in speech-language pathology include certain course content instead of the previous version of the proposed rule which indicated that it “may” include certain course content.
    Section 52.36(b)(2)(ii) and (iii) have been changed to reflect that course content in multi-cultural issues be included as part of the 36 semester hours in professional practice areas in speech-language pathology as opposed to the 27 additional semester hours in related areas.
    Section 52.36(b)(2)(iii) is also revised to require content in infection control as part of the required 27 semester hours in additional semester hours in the above or related areas.
    Sections 52.37(b)(2)(i) and (ii) are revised to require that curricular content in human communication process and sciences as well as professional practice areas in audiology include certain course content instead of the previous version of the proposed rule which indicated that it “may” include certain course content.
    Sections 52.37(b)(2)(ii) and (iii) are revised to delete infection control as part of the course content for the required 36 semester hours in professional practice areas in audiology and to include infection control as part of the content areas for the 27 additional semester hours in related areas.
    Section 52.37(b)(3)(ii) is revised to require a student completing a master's degree program in audiology, or its equivalent, to complete 400 hours of practicum, instead of 300 hours of practicum.
    Section 75.4(b)(2)(v) is revised to require that the practicum in audiology include at least 20 but not more than 50 of the 300 hours to be in speech-language pathology.
    Section 75.5(b)(1) requires an applicant who has met the professional educational requirement for licensure by satisfactorily completing the master's degree program to complete 1,420 hours of supervised experience instead of the previously required 1,520 hours of supervised experience.
    The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Impact Statement.
    Revised Regulatory Flexibility Analysis
    Since publication of a Notice of Proposed Rule Making in the State Register on April 9, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
    The proposed regulation concerns requirements that an individual must meet to become licensed in the professions of speech-language pathology and audiology. The regulation will not impose any adverse economic, reporting, recordkeeping, or any other compliance requirements on small businesses or local governments. Because it is evident from the rule that it will not affect small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly a regulatory flexibility analysis is not required and one has not been prepared.
    Revised Rural Area Flexibility Analysis
    Since publication of a Notice of Proposed Rule Making in the State Register on April 9, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
    The above revisions to the proposed rule do not require any revisions to the previously published Rural Area Flexibility Analysis.
    Revised Job Impact Statement
    Since publication of the Notice of Proposed Rule Making in the State Register on April 9, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
    The proposed rule, as so revised, relates to the education, examination, experience and endorsement requirements for applicants seeking licensure as a speech-language pathologist and audiologist. The revised rule will not have a substantial adverse impact on job or employment opportunities. Because it is evident from the nature of the revised rule that it will have no impact on jobs or employment opportunities, no further measures were taken. Accordingly, a job impact statement is not required and one has not been prepared.
    Assessment of Public Comment
    The agency received no public comment.

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