BILL NUMBER: AB 205 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 1997
INTRODUCED BY Assembly Member Machado
(Principal coauthor: Assembly Member Honda)
FEBRUARY 4, 1997
An act to amend Sections 2530.2 and 2534.2 of, to amend the
heading of Article 6 (commencing with Section 2535) of Chapter 5.3 of
Division 2 of, to amend and renumber Sections 2538 and 2539
of, to add Section 2532.6 to, and to add Article 7.5
(commencing with Section 2538) to Chapter 5.3 of Division 2 of, the
Business and Professions Code, and to amend Section 56363 of the
Education Code, relating to speech-language pathology, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 205, as amended, Machado. Speech-language pathologist.
(1) Existing law provides for the licensure of
speech-language pathologists and prohibits the practice of
speech-language pathology without a license. Existing law authorizes
a speech-language pathology aide who meets the minimum requirements
established by the Speech-Language Pathology and Audiology Examining
Committee to work directly under the supervision of a speech-language
pathologist who is responsible for the extent, kind, and quality of
services performed by the aide, consistent with the committee's
designated standards and requirements.
This bill would authorize a speech-language pathology assistant,
as defined, to assist in the provision of speech-language pathology
under the direction and supervision of a speech-language pathologist
who shall be responsible for the extent, kind, and quality of the
services provided by the speech-language pathologist assistant.
The bill would establish certain requirements for a speech-language
pathologist who supervises a speech-language pathology assistant and
who is employed or contracted for by a public school.
The bill would require the committee to adopt regulations, would
establish certain qualifications of a speech-language pathology
assistant, and would provide procedures for a speech-language
pathology aide with certain qualifications to make application for
registration as a speech-language pathology assistant.
(2) Existing law, for purposes of these provisions, defines
speech-language pathology to relate to the development of and
disorders of speech, voice, or language.
This bill would provide that speech-language pathology also
relates to other communication and related disorders.
(3) Existing law authorizes the committee to direct applicants to
be examined for knowledge in whatever theoretical or applied fields
of speech pathology or audiology as it deems appropriate.
This bill would prohibit, after January 1, 1999, the committee
from renewing any license or registration, unless the applicant
certifies to the committee that he or she has completed in the
preceding 2 years not less than the minimum number of continuing
professional development hours to be established by the committee for
the professional practice authorized by his or her license or
registration. The bill would set forth continuing professional
development requirements, require the committee to prescribe the
forms to be utilized for continuing professional development and
establish exceptions from the requirements, and authorize the
committee to audit and require an applicant to maintain records of
completion of required continuing professional development.
(4) Existing law requires a person engaging in the
practice of speech-language pathology to pay a licensing fee, to be
deposited in the Speech-Language Pathology and Audiology Examining
Committee Fund, a continuously appropriated fund. Existing
law provides that a violation of the provisions regulating a
speech-language pathologist is subject to criminal sanction.
This bill would impose licensing fees upon a speech-language
pathology assistant. The bill would also require the committee,
by regulation, to fund the administration of the continuing
professional development required by this bill as provided in (3)
above through provider fees to be deposited in the fund. By
increasing the source of moneys in a continuously appropriated fund,
this bill would make an appropriation.
Existing law provides that a violation of the provisions
regulating a speech-language pathologist is subject to criminal
sanction.
This bill would set forth prohibitions regarding the utilization
of the title speech-language pathology assistant or a similar title
and would prohibit a person who is not registered as a
speech-language pathology assistant from performing the duties and
functions of a speech-language pathology assistant, except as
provided in the provisions regulating the practice of speech-language
pathology. By expanding the class of persons subject to
criminal sanction under these provisions, this bill would impose a
state-mandated local program by changing the definition of a crime.
Existing law requires that a continuum of program options be
available to meet the needs of individuals with exceptional needs.
Existing law requires that designated instruction and services be
available when necessary for the educational benefit of pupils with
exceptional needs to be provided by specified individuals. The
designated services include, but are not limited to, language and
speech development and remediation.
This bill would provide that these language and speech development
and remediation services may be provided by a speech-language
pathologist assistant.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2530.2 of the Business and Professions Code is
amended to read:
2530.2. As used in this chapter, unless the context otherwise
requires:
(a) "Committee" means the Speech-Language Pathology and Audiology
Examining Committee.
(b) "Person" means any individual, organization, or corporate body
except that only individuals can be licensed under this chapter.
(c) A "speech-language pathologist" is a person who practices
speech-language pathology.
(d) "The practice of speech-language pathology" means the
application of principles, methods, and procedures for measurement,
testing, identification, prediction, counseling, or instruction
related to the development and disorders of
speech, voice, or language , and to speech, voice, language, or
other communication and related disorders for the purpose of
identifying, preventing, managing, habilitating or rehabilitating,
ameliorating, or modifying those disorders and conditions in
individuals or groups of individuals; conducting hearing screenings;
and the planning, directing, conducting, and supervision of programs
for identification, evaluation, habilitation, and rehabilitation of
disorders of speech, voice, or language
language, or other communication and related disorders
.
(e) "Speech-language pathology aide" means any person meeting the
minimum requirements established by the committee, who works directly
under the supervision of a speech-language pathologist.
(f) (1) "Speech-language pathologist assistant" means a
person who meets the academic and supervised training requirements
set forth by the committee and who is approved by the committee to
assist in the provision of speech-language pathology under the
direction and supervision of a speech-language pathologist who shall
be responsible for the extent, kind, and quality of the services
provided by the speech-language pathologist assistant.
(2) The supervising speech-language pathologist employed or
contracted for by a public school may hold either a valid and current
license issued by the committee or a valid, current, and
professional clear clinical or rehabilitative services credential in
language, speech, and hearing issued by the Commission on Teacher
Credentialing. For purposes of this paragraph, a "clear" credential
is a credential that is not issued pursuant to a waiver or emergency
permit and is as otherwise defined by the Commission on Teacher
Credentialing.
(g) An "audiologist" is one who practices audiology.
(h) "The practice of audiology" means the application of
principles, methods, and procedures of measurement, testing,
appraisal, prediction, consultation, counseling, instruction related
to auditory, vestibular, and related functions and the modification
of communicative disorders involving speech, language, auditory
behavior or other aberrant behavior resulting from auditory
dysfunction; and the planning, directing, conducting, supervising, or
participating in programs of identification of auditory disorders,
hearing conservation, aural habilitation, and rehabilitation,
including, hearing aid recommendation and evaluation procedures
including, but not limited to, specifying amplification requirements
and evaluation of the results thereof, auditory training, and speech
reading.
(i) "Audiology aide" means any person, meeting the minimum
requirements established by the committee, who works directly under
the supervision of an audiologist.
(j) "Board" means the Medical Board of California or a division of
the board.
(k) A "hearing screening" performed by a speech-language
pathologist means a binary puretone screening at a preset intensity
level for the purpose of determining if the screened individuals are
in need of further medical or audiological evaluation.
SEC. 2. Section 2534.2 of the Business and Professions Code is
amended to read:
2534.2. The amount of the fees prescribed by this chapter is that
fixed by the following schedule:
(a) The application fee and renewal fee shall be fixed by the
committee in an amount which does not exceed one hundred fifty
dollars ($150) but is sufficient to support the functions of the
committee which relate to the functions authorized by this chapter.
(b) The delinquency fee shall be twenty-five dollars ($25).
(c) The reexamination fee shall be fixed by the committee in an
amount which does not exceed seventy-five dollars ($75).
(d) The fee for registration of an aide shall be fixed by the
committee in an amount which does not exceed thirty dollars ($30).
(e) A fee to be set by the committee of not more than one hundred
dollars ($100) shall be charged for each application for approval as
a speech-language pathology assistant.
(f) A fee of one hundred fifty dollars ($150) shall be charged for
the issuance of and for the renewal of each approval as a
speech-language pathology assistant, unless a lower fee is
established by the committee.
(g) The duplicate wall certificate fee is twenty-five dollars
($25).
(h) The duplicate renewal receipt fee is twenty-five dollars
($25).
SEC. 3. Section 2532.6 is added to the Business and
Professions Code, to read:
2532.6. (a) The Legislature recognizes that the education and
experience requirements of this chapter constitute only minimal
requirements to assure the public of professional competence. The
Legislature encourages all professionals licensed and registered by
the committee under this chapter to regularly engage in continuing
professional development and learning related and relevant to the
professions of speech-language pathology and audiology.
(b) After January 1, 1999, the committee shall not renew any
license or registration pursuant to this chapter unless the applicant
certifies to the committee that he or she has completed in the
preceding two years not less than the minimum number of continuing
professional development hours established by the committee pursuant
to subdivision (c) for the professional practice authorized by his or
her license or registration.
(c) (1) The committee shall prescribe the forms utilized for and
the number of hours of required continuing professional development
for persons licensed or registered under this chapter.
(2) The committee shall have the right to audit the records of any
applicant to verify the completion of the continuing professional
development requirements.
(3) Applicants shall maintain records of completion of required
continuing professional development coursework for a minimum of two
years and shall make these records available to the committee for
auditing purposes upon request.
(d) The committee shall establish exceptions from the continuing
professional development requirements of this section for good cause
as defined by the committee.
(e) (1) The continuing professional development services shall be
obtained from accredited institutions of higher learning, nonprofit
educational or professional associations, or other entities or
organizations approved by the committee, in its discretion.
(2) The continuing professional development services offered by
these entities may, but is not required to, utilize pretesting and
posttesting or other evaluation techniques to measure and demonstrate
improved professional learning and competency.
(f) The committee, by regulation, shall fund the administration of
this section through professional development services provider fees
to be deposited in the Speech-Language Pathology and Audiology
Examining Committee Fund. The fees related to the administration of
this section shall be sufficient to meet, but shall not exceed, the
costs of administering the corresponding provisions of this section.
(g) The continuing professional development requirements adopted
by the committee shall comply with any subsequent guidelines for
mandatory continuing education established by the Department of
Consumer Affairs.
SEC. 4. The heading of Article 6 (commencing with Section 2535) of
Chapter 5.3 of Division 2 of the Business and Professions Code is
amended to read:
Article 6. License Renewal Licensing
and Registration
SEC. 5. Section 2538 of the Business and Professions Code is
amended and renumbered to read:
2537.4. (a) The name of a speech-language pathology corporation
under which it may render professional services shall include one of
the words specified in subdivision (a) of Section 2530.3 and the word
"corporation" or wording or abbreviations denoting corporate
existence.
(b) The name of an audiology corporation under which it may render
professional services shall include one of the words specified in
subdivision (b) of Section 2530.3 and the word "corporation" or
wording or abbreviations denoting corporate existence.
SEC. 4.
SEC. 6. Article 7.5 (commencing with Section 2538) is added
to Chapter 5.3 of Division 2 of the Business and Professions Code, to
read:
Article 7.5. Speech-Language Pathology Assistant
2538. A person seeking approval as a speech-language pathology
assistant shall make application to the committee for that approval.
2538.1. (a) The committee shall adopt regulations that set forth
standards and requirements for the adequate supervision of
speech-language pathology assistants.
(b) The committee shall adopt regulations as reasonably necessary
to carry out the purposes of this article , that shall include,
but need not be limited to the following:
(1) Procedures and requirements for application, registration,
renewal, suspension, and revocation.
(2) Training program approval requirements.
(3) The scope of responsibility, duties, and functions of
speech-language pathology assistants.
(4) The requirements for the wearing of distinguishing name badges
with the title of speech-language pathology assistant.
(5) Minimum continuing professional development requirements for
the speech-language pathology assistant, not to exceed 12 hours in a
two-year period. The speech-language pathology assistant's
supervisor shall act as a professional development adviser. The
speech-language pathology assistant's professional growth may be
satisfied with successful completion of state or regional
conferences, workshops, formal in-service presentations, independent
study programs, or any combination of these concerning communication
and related disorders.
(6) Minimum continuing professional development requirements for
the supervisor of a speech-language pathology assistant.
(7) The type and amount of direct and indirect supervision
required for speech-language pathology assistants.
(8) The maximum number of assistants permitted per supervisor.
(9) A requirement that the supervising speech-language pathologist
shall remain responsible and accountable for clinical judgments and
decisions and the maintenance of the highest quality and standards of
practice when a speech-language pathology assistant is utilized.
2538.3. (a) A person applying for approval as a speech-language
pathology assistant shall have either of the following
qualifications:
(1) Have graduated from a speech-language pathology assistant
associate of arts degree program approved by the committee.
(2) Have passed a competency test, or have a combination of
experience and training that in the opinion of the committee is
equivalent to that obtained in an approved education program.
(b) On or before January 1, 2001, speech-language pathology aides
who have worked as a speech-language pathology aide for a period of
at least 12 months, may make application for registration as a
speech-language pathology assistant based upon the committee's
recognition of that aide's job training and experience and the
performance of functions and tasks similar to the speech-language
pathology assistant category.
2538.5. This article shall not be construed to limit the
utilization of a speech aide or other personnel employed by a public
school working under the direct supervision of a credentialed
speech-language pathologist as set forth in subdivision (c) of
Section 3051.1 of Title 5 of the California Code of Regulations.
2538.7. (a) No person who is not registered as a speech-language
pathology assistant shall utilize the title speech-language pathology
assistant or a similar title that includes the words speech or
language when combined with the term assistant.
(b) No person who is not registered as a speech-language pathology
assistant shall perform the duties or functions of a speech-language
pathology assistant, except as provided by this chapter .
SEC. 5.
SEC. 7. Section 2539 of the Business and Professions Code is
amended and renumbered to read:
2537.5. The committee may adopt and enforce regulations to carry
out the purposes and objectives of this article, and the Moscone-Knox
Professional Corporation Act, including regulations requiring any of
the following:
(a) That the bylaws of a speech-language pathology corporation or
an audiology corporation shall include a provision whereby the
capital stock of the corporation owned by a disqualified person as
defined in Section 13401 of the Corporations Code, or a deceased
person shall be sold to the corporation or to the remaining
shareholders of the corporation within such time as the regulations
may provide.
(b) That a speech-language pathology corporation or an audiology
corporation shall provide adequate security by insurance or otherwise
for claims against it by its patients arising out of the rendering
of professional services.
SEC. 6.
SEC. 8. Section 56363 of the Education Code is amended to
read:
56363. (a) Designated instruction and services as specified in
the individualized education program shall be available when the
instruction and services are necessary for the pupil to benefit
educationally from his or her instructional program. The instruction
and services shall be provided by the regular class teacher, the
special class teacher, or the resource specialist if the teacher or
specialist is competent to provide the instruction and services and
if the provision of the instruction and services by the teacher or
specialist is feasible. If not, the appropriate designated
instruction and services specialist shall provide the instruction and
services. Designated instruction and services shall meet standards
adopted by the board.
(b) These services may include, but are not limited to, the
following:
(1) Language and speech development and remediation. These
services may be provided by a speech-language pathologist assistant
as defined in subdivision (f) of Section 2530.2 of the Business
and Professions Code .
(2) Audiological services.
(3) Orientation and mobility instruction.
(4) Instruction in the home or hospital.
(5) Adapted physical education.
(6) Physical and occupational therapy.
(7) Vision services.
(8) Specialized driver training instruction.
(9) Counseling and guidance.
(10) Psychological services other than assessment and development
of the individualized education program.
(11) Parent counseling and training.
(12) Health and nursing services.
(13) Social worker services.
(14) Specially designed vocational education and career
development.
(15) Recreation services.
(16) Specialized services for low-incidence disabilities, such as
readers, transcribers, and vision and hearing services.
SEC. 7.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.