Board Mission Statement:
90 292. Declaration of policy. It is declared to be a policy of the State of North Carolina that, in order to safeguard the public health, safety, and welfare; to protect the public from being misled by incompetent, unscrupulous, and unauthorized persons and from unprofessional conduct on the part of qualified speech and language pathologists and audiologists and to help assure the availability of the highest possible quality speech and language pathology and audiology services to the communicatively handicapped people of this State, it is necessary to provide regulatory authority over persons offering speech and language pathology and audiology services to the public.
The North Carolina Board of Examiners for Speech and Language Pathologists and Audiologists is aware of recent legislative changes to the Hearing Aid Dealers and Fitters Board practice act. The Board is investigating this matter and will let licensees know when action has been taken.
Proposed Rule Notice of Text ~ Posted 9/24/2013
TITLE 21 – occupational licensing boards and commissions
chapter 64 - BOARD OF EXAMINERS for SPEECH AND LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
Notice is hereby given in accordance with G.S. 150B-21.2 that the NC Board of Examiners for Speech and Language Pathologists and Audiologists intends to adopt the rule cited as 21 NCAC 64 .0307 and amend the rules cited as 21 NCAC 64 .0206 and .0219.
Agency obtained G.S. 150B-19.1 certification:
OSBM certified on:
RRC certified on:
Link to agency website pursuant to G.S. 150B-19.1(c): www.ncboeslpa.org
Proposed Effective Date: February 1, 2014
Date: December 12, 2013
Time: 4:00 p.m.
Location: Hampton Inn Hickory, 1956 13th Avenue Dr. SE, Hickory, NC 28602
Reason for Proposed Action:
21 NCAC 64 .0206 – Supervision of Professional Experience (amendment). To further define and clarify conformance with Board's supervision of professional experience year rule and policy by delineating a monthly timetable for hour completion.
21 NCAC 64 .0219 – Telepractice (amendment). To further define and clarify conformance with Board's telepractice rule and policy and standards of practice.
21 NCAC 64 .0307 – Good Moral Conduct (adoption). To further define good moral conduct as recently enacted in statute/practice act at G.S. 90-295(a)(6) and G.S. 90-295(b)(6) and in order to conform practice of licensees to that practice already required and imposed by their professional organization.
Comments may be submitted to: Sandra Capps, Administrator; NC Board of Examiners for Speech and Language Pathologists and Audiologists, P.O. Box 5545, Greensboro, NC 27435-0545; email email@example.com
Comment period ends: December 16, 2013
Procedure for Subjecting a Proposed Rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission after the adoption of the Rule. If the Rules Review Commission receives written and signed objections after the adoption of the Rule in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 919-431-3000.
Fiscal impact (check all that apply).
State funds affected
Environmental permitting of DOT affected
Analysis submitted to Board of Transportation
Local funds affected
Substantial economic impact (≥$1,000,000)
No fiscal note required by G.S. 150B-21.4
section .0200 - INTERPRETATIVE RULES
21 NCAC 64 .0206 SUPERVISION OF PROFESSIONAL EXPERIENCE
(a) The Board interprets G.S. 90-298(c) to mean that supervision satisfactory to the Board requires four hours each month of direct, on-site observation of the applicant's work with patients, in addition to other methods of supervision such as review of tape recordings, review of records, and review of staff meetings.
(b) A temporary license issued pursuant to G.S. 90-298 shall be suspended upon the termination of approved supervision, and any period of practice without approved supervision shall not be deemed to comply with the practical experience requirements of G.S. 90-295(4).
Authority G.S. 90-295; 90-298; 90-304(a)(3).
21 NCAC 64 .0219 TELEPRACTICE
(a) For purposes of this Rule, the following words shall have the following meanings:
(1) "Patient site" means the patient's physical location at the time of the receipt of the telepractice services.
(2) "Provider" means a licensed speech and language pathologist or audiologist who provides telepractice services.
(3) "Provider site" means the licensee's physical location at the time of the provision of the telepractice services.
(4) "Telepractice" means the use of telecommunications and information technologies for the exchange of encrypted patient data, obtained through real-time interaction, from patient site to provider site for the provision of speech and language pathology and audiology services to patients through hardwire or internet connection. Telepractice also includes the interpretation of patient information provided to the licensee via store and forward techniques.
(b) Telepractice shall be obtained in real time and in a manner sufficient to ensure patient confidentiality.
(c) Telepractice is subject to the same standard of practice stated in 21 NCAC 64 .0205 and 21 NCAC 64 .0216 as if the person being treated were physically present with the licensee. Telepractice is the responsibility of the licensee and shall not be delegated.
(d) Providers must hold a license in the state of the provider site and be in compliance with the requirements of the patient site.
(e) Licensees and staff involved in telepractice must be trained in the use of telepractice equipment.
(f) Notification of telepractice services shall be provided to the patient or guardian if the patient is a minor. The notification shall include, but not be limited to: the right to refuse telepractice services and options for alternate service delivery.
(g) Telepractice constitutes the practice of Speech and Language Pathology and Audiology whether in the patient site or provider site.
Authority G.S. 90-304-(a)(3).
section .0300 - CODE OF ETHICS
21 NCAC 64 .0307 GOOD MORAL CONDUCT
In addition to the Principles of Ethics and Ethical Proscriptions enumerated above, Licensees shall engage in good moral conduct under all conditions of professional activity. Good moral conduct shall be defined as conduct in keeping with the then-current Code of Ethics of American Speech-Language-Hearing Association, except as the provisions of such code of ethics may be inconsistent and in conflict with the provisions of this Article, in which case, the provisions of this Article shall control.
Authority G.S. 90-295(a)(6); 90-295(b)(6); 90-301(3); 90-304(a)(3).
Announcement for All Licensees: CEUs At the November 4, 2011 meeting of the Board of Examiners, it approved for the Board to underwrite the fee that ASHA charges NCSHLA that enables them to offer ASHA CEUs. The Board will also begin sponsoring a speaker at NCSHLA Conferences. This speaker will address Ethics every other year.
NOTICE TO ALL LICENSEES: Technical problems will not constitute a defense for failure to maintain adequate records.