Meeting of the Board of Regents | April 2008

THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:
FROM:	Frank Muñoz
SUBJECT:	Proposed Amendment to the Regulations of the Commissioner of Education Relating to Education, Examination, Experience, and Endorsement provisions for Licensure of Speech-Language Pathologists and Audiologists
DATE:	March 27, 2008
STRATEGIC GOAL:	Goal 3
AUTHORIZATION(S):

 

SUMMARY

 

Issue for Discussion

 

             Should the Regents 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 relating to the education, examination, experience and endorsement provisions for licensure of speech-language pathologists and audiologists?

 

Reason(s) for Consideration

              Review of Policy.          

 

Proposed Handling

 

The proposed amendment is before the Professional Practice Committee for discussion at the April 2008 Regents Meeting.   The amendment will be submitted for action at the June 2008 Regents meeting.

 

Procedural History

 

A Notice of Proposed Rule Making concerning the proposed amendment will be published in the State Register on April 9, 2008.

 

Background Information

 

              Currently, sections 75.1, 75.2, and 75.3 of the Regulations of the Commissioner, outline the professional study, experience and examination requirements for licensure as a speech-language pathologist or audiologist.

 

                The purpose of the proposed amendment is to align New York State licensing requirements in these two professions with federal Medicaid requirements and expand opportunities for qualified speech-language pathologists and audiologists in other jurisdictions to become licensed in New York State.  The revisions made by the proposed amendment include: an increase in the number of educational courses required for licensure in both professions; updated course descriptions; a minor decrease in the length of the experience requirement and clarification of the supervision under which such experience must take place; a broadening of the language regarding selection of the licensing examinations; and detailed endorsement provisions for out-of-state and foreign applicants seeking licensure in these two professions. The proposed amendment also establishes standards for registered educational programs leading to licensure in these professions.

 

              Currently, the minimum number of semester hours required in a speech-language pathology or audiology program is 60 hours.  The proposed amendment increases the minimum number of credits to 75 semester hours.  All New York State programs already require 75 hours and nationally over 40 states have adopted this standard.  It is also the recommended standard of the American Speech-Language Hearing Association (ASHA) and the U.S. Department of Health & Human Services Centers for Medicare and Medicaid.

 

              The current regulations also require each applicant for licensure as a speech-language pathologist to complete nine months (39 weeks) of supervised experience.  Since the requirement in over 40 states is 36 weeks, individuals who are currently licensed in these states, who apply for licensure in New York State, are forced to obtain additional documentation for the additional 3 weeks or undergo an additional 9 month experience requirement.  There is no documented evidence that the additional 3 weeks of experience results in increased competency, and the inability of those licensed in other states to be easily licensed in New York exacerbates shortages in the number of speech-language pathologists that exist in New York State school districts.  Therefore, the proposed amendment sets 36 weeks as New York State’s requirement.

 

              In addition, the names of the required examinations in speech-language pathology and audiology have changed since the promulgation of the current regulations.  In order to avoid having to amend the regulations every time the name of the examinations change, the proposed amendment broadens the language to require examinations acceptable to the Department.

 

The proposed amendment authorizes the Department to endorse the licenses of out-of-state and foreign applicants seeking licensure as a speech-language pathologist or audiologist in New York State if the applicant holds certification from a Board-approved accrediting body; meets the requirements for endorsement set forth in Section 59.6 of the Regulations of the Commissioner; completes a professional education program acceptable to the Department; provides satisfactory evidence of at least two years of professional experience in speech-language pathology or audiology (for out-of-state applicants), or at least three years of professional experience in speech-language pathology or audiology (for foreign applicants), within the six years immediately preceding application for licensure and meets appropriate examination requirements.

 

The proposed endorsement process also permits highly qualified foreign prepared practitioners to become licensed in New York State in a timely manner and will help to address shortages in the number of speech-language pathologists that exist in New York State school districts.

 

Recommendation

 

N/A

 

Timetable for Implementation

 

The effective date of the proposed amendment is July 17, 2008.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 207, 212, 6504, 6506, 6507 and 8206.

1.  Sections 52.36 and 52.37 of the Regulations of the Commissioner of Education are added, effective July 17, 2008 as follows:

              §52.36  Speech-Language Pathology. 

              (a)  Definitions.  As used in this section:

(1)  Acceptable certifying agency shall mean an organization accepted by the department as a reliable authority for the purpose of certifying speech-language pathologists, applying its criteria for granting certification in a fair, consistent, and non-discriminatory manner.

              (2)  Supervision shall mean supervision by a speech-language pathologist licensed in New York State, except that supervision of any 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 or a person holding the Certificate of Clinical Competence from the American Speech-Language Hearing Association. 

              (b)  In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in speech-language pathology, which meets the requirements of section 75.1 of this Title, the program shall:

              (1) be a program in speech-language pathology leading to a master’s or higher degree or its equivalent, from a college or university acceptable to the department, which includes at least 75 semester hours or the equivalent, provided that at least 36 semester hours of the program or the equivalent are at the master’s or higher degree level;

              (2) contain curricular content that includes, but is not limited to, each of the following content areas:

(i) human communication processes and sciences: at least 12 semester hours or the equivalent, which may include, but need not be limited to, course content in the normal anatomy and physiology of speech and swallowing; cognitive and linguistic bases of language; and neural bases of speech, hearing, language and swallowing.

(ii) professional practice areas in speech-language pathology: at least 36 semester hours or the equivalent, which may include, but need not be limited to, course content in diagnostic assessment and treatment of persons with disorders of:

(a) articulation/phonology;

(b) fluency;

(c) voice and resonance;

(d) receptive and expressive language;

(e) literacy;

(f) hearing; and

(g) swallowing.

(iii) additional semester hours in the above or related areas: at least 27 semester hours or the equivalent, in the above content areas, which may include, but need not be limited to, content in audiology/aural rehabilitation, cognitive/psychosocial aspects of communication, cleft palate/craniofacial anomalies,
augmentative and alternative communication (
AAC), research methodology, counseling, professional issues, ethics, multicultural issues, and issues related to the prevention of communication disorders; and

(3) 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. 

§ 52.37  Audiology. 

              (a)  Definitions.  As used in this section:

(1)  Acceptable certifying agency shall mean an organization accepted by the department as a reliable authority for the purpose of certifying audiologists, applying its criteria for granting certification in a fair, consistent, and non-discriminatory manner.

(2)  Supervision shall mean supervision that includes meeting with, and observing a student on a regular basis to review and evaluate the supervised experience and to foster professional development.  Supervision shall be provided by an audiologist licensed in New York State, 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, or by a person holding the Certificate of Clinical Competence from the American Speech-Language Hearing Association, or by a person holding Board Certification in Audiology from the American Board of Audiology.

(b)  In addition to meeting all applicable provisions of this Part, to be registered as a program recognized as leading to licensure in audiology, which meets the requirements of section 75.4 of this Title, the program shall:

(1)  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 the equivalent, of study;

(2)  contain curricular content that includes but is not limited to each of the following content areas:

(i) human communication processes and sciences: at least 12 semester hours of which may include, but need not be limited to, course content in the anatomy and physiology of hearing and balance; hearing and speech science; and auditory development.

(ii) professional practice areas in audiology: at least 36 semester hours of course content and practicum which may include, but need not be limited to, adult and pediatric coursework in:

(a) diagnostics in hearing and balance;

(b) amplification, hearing assistive technology, and dispensing practices;

(c) aural rehabilitation;

(d) electrophysiology;

(e) cochlear implants;

(f) cerumen management;

(g) tinnitus;

(h) instrumentation;

(i)  infection control;

(j) auditory and vestibular pathology treatment; and

(k) hearing conservation.

(iii) additional semester hours in the above or related areas: 27 additional semester hours in the content areas described in subparagraphs (i) and (ii) of this section which may include, but need not be limited to, content in professional areas in speech-language pathology, ethics, research methodology, counseling, genetics, neuroscience, mathematics/statistics, multicultural issues, psycho-social impact of hearing loss, and business practices; and

(3) supervised clinical experience or practicum in audiology, as follows:

(i) A student completing a doctoral degree program in audiology, or its equivalent, shall 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.

(ii) A student completing a master’s degree program in audiology, or its equivalent, shall have completed throughout the course of his/her educational program 300 clock hours of practicum under supervision, provided that no more than half of the total clock hours of practicum for the program may be advanced standing credit granted for audiology study at the baccalaureate level.

2.  Section 75.1 of the Regulations of the Commissioner of Education is repealed and a new section 75.1 is added, effective July 17, 2008, as follows:

§75.1 Professional study of speech-language pathology.

(a) As used in this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accreditation of speech-language pathology programs at the postsecondary level, applying its criteria for granting accreditation in a fair, consistent, and non-discriminatory manner, such as an agency recognized for these purposes by the United States Department of Education.

 (b) To meet the professional education requirements for licensure as a speech-language pathologist in this State, the applicant shall present evidence of the 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 of this Title, 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. 

3.  Section 75.2 of the Regulations of the Commissioner of Education is repealed, effective July 17, 2008 and a new section 75.2 is added as follows:

§75.2 Experience in speech-language pathology.

(a)  An applicant who has met the education requirements prescribed in section 75.1 of this Part shall meet the supervised experience requirements for licensure as a speech pathologist by submitting sufficient documentation of having completed at least 36 weeks of supervised experience of a scope and nature satisfactory to the State Board for Speech-Language Pathology and Audiology.

(b) Duration.

(1)  Within any four-year period following completion of an educational program that meets the requirements of section 75.1 of this Part, an applicant must accrue at least 36 weeks of acceptable supervised experience.  A week of acceptable experience is defined as not less than 35 clock hours.

(2)  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. 

(c) Supervision of the experience.  The experience shall be supervised in accordance with the requirements of this subdivision.

(1)  Supervision of the experience shall include meeting with and observing the applicant on a regular basis to review and evaluate the supervised experience and to foster professional development.

(2)  Such supervision shall include regular observation of the applicant while the applicant is providing assessment and intervention services and shall take place at the beginning of the treatment and periodically throughout the treatment.

(3)  The supervisor shall be familiar with the applicant’s treatment plans, shall have ongoing involvement in the care provided, and shall review the need for ongoing services.

(4) Supervision shall 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 Regulations of the Commissioner, or by a person holding the Certificate of Clinical Competence of the American Speech-Language Hearing Association.

4.  Section 75.3 of the Regulations of the Commissioner of Education is repealed and a new section 75.3 is added, effective July 17, 2008, as follows:

§75.3 Examination in speech-language pathology. 

The department may accept grades satisfactory to the State Board for Speech-Language Pathology and Audiology on an examination determined by the department to be acceptable for licensure as a speech-language pathologist. 

5.  Section 75.4 of the Regulations of the Commissioner of Education is renumbered to section 75.8 of the Regulations of the Commissioner of Education, effective July 17, 2008.

6.  A new section 75.4 is added to the Regulations of the Commissioner of Education, effective July 17, 2008, as follows:

§75.4  Professional study of audiology.

(a) For purposes of this section, acceptable accrediting agency shall mean an organization accepted by the department as a reliable authority for the purpose of accrediting audiology programs at the post-secondary level, applying its criteria for granting accreditation in a fair, consistent, and non-discriminatory manner, such as an agency recognized for these purposes by the United States Department of Education.             

(b)  For persons applying for licensure as an audiologist in this State prior to January 1, 2009, to meet the professional education requirement for admission to the licensing examination, the applicant shall present evidence of:

(1)  the completion of a program in audiology registered by the department or determined by the department to be the equivalent of a registered program; and

(2)  having received a master’s degree in audiology, or the equivalent as determined by the department.  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 the following courses, of which not less than 30 semester hours shall have been at the graduate level:

(i) basic communication processes:  12 semester hours;

(ii)  professional areas in audiology:  24 semester hours;

(iii)  professional areas in speech-language pathology: six semester hours;

(iv)  additional courses in the above or related areas:  18 semester hours; and

(v) a practicum in audiology of not less than 300 clock hours under supervision, at least 150 clock hours of which shall be at the graduate level and at least 20 but not more than 50 of the 300 hours shall be in audiology.

(c) For persons applying for licensure as an audiologist in this State on or after January 1, 2009, to meet the professional education requirements for licensure as an audiologist in this State, the applicant shall present evidence of the completion of a master’s or higher degree program in audiology, that is either registered by the department
pursuant to Section 52.37 of this Title or accredited by an acceptable accrediting agency, or determined by the department to be an audiology program equivalent to such a registered or accredited program. 

7.  Section 75.5 of the Regulations of the Commissioner of Education is added, effective July 17, 2008, as follows:

§75.5 Experience in audiology.

(a)  For persons applying for a license in audiology prior to January 1, 2009, an applicant for licensure shall 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 after all requirements for the master’s degree are completed. 

(1)  Duration.  Within any two-year period following completion of an educational program that meets the requirements of section 75.4 of this Part, an applicant must accrue nine months of acceptable experience with not more than two employers. 

(2)  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. 

(3) Supervision.

(i) Supervision shall include meeting with and observing the applicant on a regular basis to review and evaluate the supervised experience and to foster professional development.

(ii) Supervision shall be provided by the organization in which the applicant is working, and by an individual who is licensed in New York in audiology, except that supervision of experience acquired in another state or in an exempt setting as defined in section 8207 of the Education Law, may be provided by a person holding the Certificate of Clinical Competence of the American Speech-Language Hearing Association.

(b)  For persons applying for a license in audiology on or after January 1, 2009, an applicant who has met the professional educational requirement for licensure by satisfactorily completing a master’s degree program shall complete the experience requirements set forth in paragraph (1) of this subdivision and for an applicant who has met the professional education requirement for licensure by satisfactorily completing a doctoral degree program shall complete the experience requirements set forth in paragraph (2) of this subdivision. 

(1)  Master’s degree path. 
An applicant who has met the professional educational requirement for licensure by satisfactorily completing the master’s degree program requirements prescribed in section 75.4 of this Part, or its equivalent, shall complete 1,520 hours of supervised experience of a scope and nature satisfactory to the State Board for Speech-Language Pathology and Audiology. 

(i)  Duration.  Within any four-year period following completion of a master’s degree program, or its equivalent, an applicant shall complete the experience requirements prescribed in this subdivision and such experience shall be obtained with not more than two employers. 

(ii)  Credit.  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.

              (2)  Doctoral degree path.  No experience shall be required of an applicant who has met the professional educational requirement for licensure through satisfactory completion of a registered or accredited doctoral degree program in audiology, as prescribed in section 75.4 of this Part, or its equivalent, as determined by the department.

(3) Supervision.

(i) Supervision shall include meeting with and observing the applicant on a regular basis to review and evaluate the supervised experience and to foster professional development.

(ii) Supervision shall be provided by an individual who is licensed in New York State in audiology, except that supervision of experience acquired outside New York State or in an exempt setting as defined 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 52.37 of the Regulations of the Commissioner, 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.

8.  Section 75.6 of the Regulations of the Commissioner of Education is added, effective July 17, 2008, as follows:

§75.6 Examination in audiology

The department may accept grades satisfactory to the State Board for Speech-Language Pathology and Audiology on an examination determined by the department to be acceptable for licensure as an audiologist. 

9.  Section 75.7 of the Regulations of the Commissioner of Education is added, effective July 17, 2008, as follows:

§ 75.7 Licensure by endorsement in speech-language pathology or audiology.

(a)  An applicant seeking endorsement of a license in speech-language pathology or audiology issued by another state or territory of the United States shall meet the requirements of Path A, as prescribed in subdivision (b).   An applicant seeking endorsement of a license in speech-language pathology or audiology issued by another country shall meet the requirements of Path B, as prescribed in subdivision (c) of this section.

(b) Path A.  An applicant seeking endorsement of a license in speech-language pathology or audiology issued by another state or territory of the United States shall:

(1) meet the requirements of section 59.6 of this Title;

(2) present evidence acceptable to the department of completion of a satisfactory program in speech-language pathology or audiology that shall include a practicum and a minimum of 60 semester hours in speech-language pathology or audiology, as applicable, or the equivalent;

(3) provide evidence satisfactory to the State Board for Speech-Language Pathology and Audiology of at least two years of
professional experience, acceptable to such board, 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;

(4) meet the examination requirements prescribed in section 75.3 or 75.6 of this Part, as applicable;

(5) hold certification from
an acceptable certifying agency such as the American Speech-Language and Hearing Association; and

(6) 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.

(c) Path B. The applicant for endorsement of a license in speech-language pathology or audiology issued by another country shall:

(1) meet the requirements of section 59.6 of this Title;

(2) present evidence acceptable to the department of completion of a program in speech-language pathology or audiology, as applicable, or the equivalent of such a program;

(3) 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, in New York State, in another state, or in the country where licensed, 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;

(4) 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 applicable, which examination is satisfactory to the department;

(5) hold certification from an acceptable certifying agency such as the American Speech-Language and Hearing Association; and

(6) 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.