Contact

E-Mail: wvbeslpa@wv.gov

Phone: 304-473-4289
Fax: 304-473-4291
In State Toll Free: 877-462-5460


Mailing Address:
West Virginia Board of Examiners for
Speech-Language Pathology & Audiology
99 Edmiston Way
Box 11, Suite 214
Buckhannon, WV 26201

  


29CSR1
TITLE 29
LEGISLATIVE RULE
WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
SERIES 1
LICENSURE OF SPEECH-PATHOLOGY AND AUDIOLOGY

§29-1-1. General

   

 1.1. Scope. This legislative rule establishes the qualifications necessary to obtain licensure as a Speech-Language Pathologist and/or Audiologist in the State of West Virginia. It also establishes the prerequisites and requirements for provisional licensure, license renewal, reinstatement of expired licenses, retirement of licenses, fees, telepractice services and standards of conduct.

            1.1.a. The West Virginia Board of Speech-Language Pathology and Audiology is authorized to grant or deny licensure only according to the requirements in W.Va. Code §30-32-1 et seq.  The Board  has no authority to waive licensure requirements or any conditions for licensure except as stipulated by the law. All applicants, licensees, registered assistants, postgraduate professional experience supervisors, assistant’s supervisors and all others concerned with licensure or registration shall be held responsible for knowing and understanding W.Va. Code §30-32-1 et seq and Legislative Rules Title 29-1, Title 29-2, Title 29-3, Title 29-4 and Title 29-5.

    1.2. Authority.  WV  Code §30-32-7.

    1.3. Filing Date.  May 3, 2017.

    1.4. Effective Date.  July 1, 2017.

    1.5. Sunset Provision.  This rule shall terminate and have no further force or effect on July 1, 2027.


§29-1.2. Definitions

   

 2.1. “ASHA” means the American Speech-Language-Hearing Association.

    2.2. “AAA” means the American Academy of Audiology.

    2.3. “Board” refers to the West Virginia Board of Examiners for Speech-Language Pathology and Audiology, abbreviated as WVBESLPA.

    2.4. “License” means a license issued by the Board to someone who meets all the requirements for licensure in Speech-Language Pathology and/or Audiology.

    2.5. “Provisional License” means a license issued by the Board for completion of the Postgraduate Professional Experience, as set forth in section 12.

    2.6. “Telepractice Services” is defined as the application of telecommunication technology to deliver speech-language pathology and/or audiology services at a distance for assessment, intervention and/or consultation.

§29-1-3. Qualifications for licensure in speech-language pathology

  

  3.1. To be eligible for licensure by the Board as a speech-language pathologist, the applicant shall:

        3.1.a. Make application to the Board on the license application form approved by the Board;

            3.1.a.1. All required documents for application for a license in Speech-Language Pathology shall be in the English language or sent with a certified translation into the English language.

        3.1.b. Pay to the Board the appropriate application and license fee as required by section 10;

        3.1.c. Possess at least a master’s degree or equivalent in Speech-Language Pathology that consists of coursework approved by the Council of Academic Accreditation (CAA).

            3.1.c.1 A master’s degree or equivalent in Speech-Language Pathology from an international college or university shall be submitted in the English language and accompanied by an evaluation provided by a credentials evaluation agency approved by the Board. A list of approved credentials evaluation agencies may be obtained from the board.

        3.1.d. Complete supervised clinical practicum experience requirements as defined in section 11;

        3.1.e. Complete a post-graduate professional experience as described in section 12;

        3.1.f. Authenticate post-graduate professional experience requirements by submitting verification of the certificate of clinical competence (CCC) issued by ASHA. Applicants not seeking the certificate of clinical competence shall submit a completed clinical fellowship year report on a form prescribed by the Board and related documentation as described in section 12;

        3.1.g. Obtain a passing score on the national examination in the area of Speech-Language Pathology. The Board recognizes only the Educational Testing Service’s (ETS) specialty area examinations.

        3.1.h. Pass the jurisprudence examination developed by the Board. The examination score shall be submitted with the application for licensure, fees and other required documents.

§29-1-4. Qualifications for Licensure in Audiology

  

  4.1 To be eligible for licensure by the Board as an Audiologist, the applicant shall:

        4.1.a. Make application to the Board on the license application form approved by the Board;

            4.1.a.1 All required documents for application of a license in Audiology shall be in the English language or sent with a certified translation into the English language.

        4.1.b. Pay to the Board the appropriate application and license fee as required in section 10;

        4.1.c. Possess at least a master’s degree or equivalent in Audiology that consists of coursework approved by the Council of Academic Accreditation (CAA);

            4.1.c.1 A master’s degree or equivalent in Audiology from an international college or university shall be submitted in the English language and accompanied by an evaluation provided by a credentials evaluation agency approved by the Board. A list of approved credentials evaluation agencies may be obtained from the board.

        4.1.d. Complete supervised clinical practicum experience requirements as defined in section 11;

        4.1.e. Complete a post-graduate professional experience as described in section 12, with the exception of;

            4.1.e.1. Any person who has completed a clinical doctorate in audiology (Au.D.) from an accredited institution fulfills the requirement for the Postgraduate Professional Experience.

        4.1.f. Authenticate post-graduate professional experience requirements by submitting verification of the certificate of clinical competence (CCC) issued by ASHA. Applicants not seeking the certificate of clinical competence shall submit a completed clinical fellowship year report on a form prescribed by the Board and related documentation as described in section 12;

        4.1.g. Obtain a passing score on the national examination in the area of Audiology. The Board recognizes only the Educational Testing Service’s (ETS) specialty area examinations.

        4.1.h. Pass the jurisprudence examination developed by the Board. The examination shall be submitted with the application for licensure, fees and other required documents.

§29-1-5. Qualifications for a Provisional License

    

5.1. To be eligible for provisional licensure by the Board, for purposes of fulfilling a Postgraduate Professional Experience, the applicant shall:

        5.1.a. Make application to the Board on the license application form approved by the Board;

        5.1.b. Pay to the Board the appropriate application and license fee as required by section 10;

        5.1.c. Submit to the Board an official university/college transcript from a university/college approved by the Council of Academic Accreditation in Audiology and Speech-Language (CAA).

            5.1.c.1 All required documents for application of a provisional license shall be in the English language or sent with a certified translation into the English language.

            5.1.c.2 A master’s degree or equivalent from an international college or university shall be submitted in the English language and accompanied by an evaluation provided by a credentials evaluation agency approved by the Board. A list of approved credentials evaluation agencies may be obtained from the board.

        5.1.d. Submit to the Board an original test score from the Educational Testing Service for the specialty area of Speech-Language Pathology.

    5.2. The Board shall issue the provisional license for a period of one year.

    5.3. The provisional licensee shall submit an original Postgraduate Professional Experience (PPE) agreement form to the Board within thirty (30) days after employment begins. The form must be completed and signed by the provisional licensee and the licensee’s supervisor. The Postgraduate Professional Experience requirements are stated in section 12.

    5.4. The provisional license is renewable for one additional year upon proof of the completion of a minimum of 10 hours of Board approved continuing education in the previous one year licensing period, the completion of the license renewal application form, and payment of the provisional license renewal fee as prescribed in section 10.

§29-1-6. License Renewal

   

 6.1. All licenses, except provisional licenses and assistants’ registrations, expire biennially on the 31st   day of December.  Expiration of licenses is always on the even year, e.g., 2014, 2016, etc.

    6.2. A licensee requesting renewal of a license shall:

        6.2.a. Pay to the Board the license renewal fees, as stated in section 10.

        6.2.b. Submit an application for renewal on the license renewal form prescribed by the Board;

        6.2.c. Complete and submit verification of Board approved continuing education activities as stated in section 13.

    6.3. The Board shall notify all licensees of the renewal procedures during the fourth (4th) quarter of the year the license expires. Notifications will be sent via email to the last email address provided by the licensee. If an email address is not available, the notification will be sent via US Mail to the last physical home address provided by the licensee. It is the responsibility of the licensee to notify the Board of any change in contact information.

    6.4 A license that expires may be renewed within one (1) year of the expiration date, as long as the licensee is entitled to renewal and pays to the Board the renewal fee and the late fee as stated in section 10.

        6.4.a. A license renewed after expiration will be valid only when all renewal requirements are met. Prior to the renewal of an expired license, the license shall be considered inactive. Anyone providing services with an expired/inactive license will face disciplinary actions for unlicensed practice.

§29-1-7. Reinstatement of Expired Licenses

  

  7.1. The Board may reinstate a license expired for more than one (1) year but fewer than five (5) years if the licensee:

    7.2. Pays to the Board a reinstatement fee equal to the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, and the license reinstatement fee stated in section 10.

        7.2.a. Completes 10 clock hours of approved continuing education per year that the license was expired up to a maximum of 25 hours. The continuing education shall include 1 clock hour of ethics training per year that the license was expired up to a maximum of 2 hours. §29-1-13.

§29-1.8 Retirement of Licenses

    

8.1. Retired status is granted to Speech-Language Pathologists and Audiologists who do not practice Speech-Language Pathology or Audiology for an extended time period after the expiration date of their current license because of retirement, family matters, etc.

    8.2. A retired license request form must be completed and submitted to the Board by the licensee requesting the retired license status.

    8.3. Retired licensees may resume their active status by payment of the annual renewal fee.

    8.4. In order to resume the practice of Speech-Language Pathology or Audiology, retired status licensees shall demonstrate completion of 5 clock hours of continuing education in the area of licensure for each year that the retired status was maintained (maximum of 25 hours). The continuing education shall include 1 clock hour of ethics per year the retired status was maintained up to a maximum of 2 hours.  §29.1.13.2.a.

    8.5. The licensee may submit the required clock hours of continuing education each year he/she is retired or submit all of the hours the year he/she returns to work in the profession.

§29-1-9. Standards of Conduct

    9.1.  Licensees shall comply with the West Virginia Board of Examiners for Speech-Language Pathology and Audiology Code of Ethics as set forth in 29CSR5.  Failure to comply with the Code of Ethics  will be grounds for disciplinary action as described in W. Va. Code §30-32-19.

§29-1-10. Schedule of Fees

10.1. Application fees:

10.1.a. License and Provisional license application fee (non-refundable) - $100.00

10.2. License fees: January – June/First Year of the Licensing Period (odd year)

10.2.a. License fee in Speech-Language Pathology or Audiology - $200.00

10.2.b. Dual license fee in Speech-Language Pathology and Audiology - $275.00

10.3. Pro-Rated License Fees: July – December/First Year of the Licensing Period (odd year)

10.3.a. License fee in Speech-Language Pathology or Audiology - $150.00

10.3.b. Dual license fee in Speech-Language Pathology and Audiology - $206.00

10.4. Pro-Rated License Fees: January – June/Second Year of Licensing Period (even year)

10.4.a. License fee in Speech-Language Pathology or Audiology - $100.00

10.4.b. Dual license fee in Speech-Language Pathology and Audiology - $138.00

10.5. Pro-Rated License Fees: July – December/Second Year of Licensing Period (even year)

10.5.a. License fee in Speech-Language Pathology or Audiology - $50.00

10.5.b. Dual license fee in Speech-Language Pathology and Audiology - $70.00

10.6. Provisional License fee - $50.00

10.7. Registration fee of a Speech-Language Pathology or Audiology Assistant - $50.00

10.8. Renewal fees:

10.8.a. Renewal fee in Speech-Language Pathology or Audiology (two years) - $175.00

10.8.b. Renewal fee (Dual) in Speech-Language Pathology and Audiology (two years) -
$250.00

10.8.c. Provisional license renewal fee in Speech-Language Pathology (one year) - $50.00

10.8.d. Provisional license renewal fee in Audiology (one year) - $50.00

10.8.e. Registration Renewal for Speech-Language Pathology or Audiology Assistant - $30.00

10.8.f. Renewal late fee - $75.00 (applies when renewal application, CEU’s and/or renewal fees are received between January 1 through December 31) WV Code §30-32-17.b.

10.8.g. Reinstatement fee - $100.00 (applies to a license which has lapsed more than one year and fewer than five years) WV Code §30-32-17.c.

10.9. Fees for Services Rendered.

10.9.a. Duplicate License - $10.00

10.9.b. Duplicate Wall Certificate - $15.00

10.9.c. Copies of public records (per page; includes shipping) - $.50

10.9.d. Roster of Active Licensees for Speech-Language Pathology - $100.00

10.9.e. Roster of Active Licensees for Audiology - $50.00

10.9.f. Insufficient Funds Penalty - $20.00

10.9.g. Review and evaluate continuing education program from event provider - $50.00

10.9.h. Out-of –State Letters of Good Standing or Affidavits - $25.00

10.9.i. Copies of Rules and Regulations - $10.00 (Free online on the Board’s website.)

§29-1-11. Academic Clinical Practicum Requirements

    

11.1. All Speech-Language Pathology applicants shall complete a minimum of 400 clock hours to complete the academic clinical practicum requirement. Twenty-five (25) hours must be spent in clinical observation and 375 hours must be spent in direct client/patient contact, as required by the Council on Academic Accreditation in Speech-Language Pathology (CAA).

        11.1.a. Up to 20 clock hours in the major professional area may be in related disorders.

        11.1.b. At least 20 of the 400 hours shall be in Audiology.

    11.2. The applicant must demonstrate direct client/patient clinical experiences in both assessment and intervention with children and adults from the following range of disorders and differences:

            11.2.a.1. Articulation

            11.2.a.2. Fluency

            11.2.a.3. Voice and resonance, including respiration and phonation

            11.2.a.4. Receptive and expressive language (phonology, morphology, syntax, semantics, pragmatics, prelinguistic communication and paralinguistic communication) in speaking, listening, reading and writing

            11.2.a.5. Hearing, including the impact on speech and language

            11.2.a.6. Swallowing (oral, pharyngeal, esophageal and related functions, including oral function for feeding, orofacial myology)

            11.2.a.7. Cognitive aspects of communication (attention, memory, sequencing, problem- solving and executive functioning)

            11.2.a.8. Social aspects of communication (including challenging behavior, ineffective social skills, and lack of communication opportunities)

            11.2.a.9  Augmentative and alternative communication modalities

    11.3. All Audiology applicants shall obtain at least 350 clock hours to complete the academic clinical practicum requirement.

        11.3.a. For licensure in Audiology the applicant shall obtain at least 40 hours in the following two categories:

            11.3.a.1. Evaluation of hearing in children; and

            11.3.a.2. Evaluation of hearing in adults.

        11.3.b. At least 80 hours shall be obtained in the following two categories:

            11.3.b.1. Selection and use of amplification and assistive listening devices for children; and

            11.3.b.2. Selection and use of amplification and assistive listening devices for adults.

            11.3.b.3. At least 10 additional hours shall be completed in any of categories 11.3.a.1; 11.3.a.2; 11.3.b.1 through 11.3.b.2.

        11.3.c. At least 20 of the 250 hours shall be obtained in the treatment of hearing disorders in children and adults.

        11.3.d. Up to 20 hours in the major area may be in related disorders and at least 20 of the 350 clock hours shall be in speech-language pathology.

    11.4. Any person who has completed a clinical doctorate in Audiology (Au.D.) from an accredited institution fulfills the requirement for the Clinical Practicum requirements.

§29-1-12. Postgraduate Professional Experience. (Also known as Clinical Fellowship Year)

   

 12.1  The purpose of the post-graduate professional experience (PPE) is to permit a provisional licensee to practice speech-language pathology while working under the supervision of a person fully licensed by the board in the area in which licensure is sought. (The PPE does not apply to an audiologist with a clinical doctorate degree as described in §12.14.)

    12.2. The post-graduate professional experience may be obtained in any one of a number of diverse employment settings. The determination of whether a given setting is appropriate for the clinical fellow is made by applying:

        12.2.a. The criterion of whether the particular program is designed to evaluate, habilitate, or rehabilitate the communicative functioning of speech, language, and hearing handicapped persons.

        12.2.b. The program must afford the possibility that the clinical fellowship year supervisory requirements can be met.

    12.3. The type and amount of experience which is acceptable during the clinical fellowship year is defined as no less than nine months of full time professional employment (a minimum of 30 hours per week).

    12.4. The requirement can also be met by less than full-time employment as follows:

        12.4.a. Work 15-19 hours per week over 18 months;

        12.4.b. Work 20-24 hours per week over 15 months; or

        12.4.c. Work 25-29 hours per week over 12 months.

    12.5. In the event that part-time employment is used to fulfill a part of the clinical fellowship year, 100% of the minimum hours of the part-time work per week requirement shall be spent in direct professional experience as defined in section 12.3, subsections a, b, and c. Professional employment of less than 15 hours per week does not fulfill any part of this requirement. If the clinical fellowship year is not initiated within two years of the date the academic and practicum education is completed, the clinical fellow shall meet the academic and practicum requirements current when the clinical fellowship year begins.  The clinical fellowship year shall be completed within a maximum of 36 months.

    12.6. The Board requires that at least 80% of the clinical fellowship year work week shall be in direct client contact (assessment, diagnosis, evaluation, screening, habilitation, or rehabilitation) and activities related to client management.

    12.7. Only individuals holding a current West Virginia licensure in speech-language pathology, audiology, the ASHA Certificate of Clinical Competence (CCC) and at least two (2) years of clinical experience are eligible to supervise applicants during the postgraduate professional experience. Applicants may obtain names of qualified individuals from the Board.

    12.8. Supervision of the clinical fellow shall include direct observation of diagnostic and therapeutic procedures.  Other supervisory activities include:

        12.8.a. Conferring with the clinical fellow concerning clinical treatment strategies;

        12.8.b. Monitoring changes in patients’ communication behaviors;

        12.8.c. Evaluating the clinical fellow’s clinical records, including

            12.8.c.1. Diagnostic reports;

            12.8.c.2. Treatment records;

            12.8.c.3. Correspondence;

            12.8.c.4. Plans of treatment; and

            12.8.c.5. Summaries of clinical conferences.

        12.8.d. Monitoring the clinical fellow’s participation in case conferences;

        12.8.e. Monitoring the clinical fellow’s work by professional colleagues’ evaluation of the clinical fellow;

        12.8.f. Monitoring the clinical fellow’s work by patients and their families evaluation of the clinical fellow; and

        12.8.g. Monitoring the clinical fellow’s contributions to professional meetings and publications, as well as participation in other professional growth opportunities.

    12.9. Clinical fellowship year supervision shall entail the personal and direct involvement of the supervisor in any and all ways that will permit the clinical fellowship year supervisor to monitor, improve and evaluate the clinical fellow’s performance in the professional employment. The clinical fellowship year supervisor shall base the total evaluation on no less than 36 direct supervisory activities and/or observations during the clinical fellowship year. The supervisor shall include 18 on-site observations of the clinical fellow in the following manner:

        12.9.a. 1 hour = one on-site observation (up to 6 hours may be accrued in one day); and

        12.9.b. at least 6 on-site observations shall be accrued during each third of the experience.

        12.9.c. The clinical fellowship year supervisor shall complete 18 other monitoring activities (at least one per month).

    12.10. The supervisor’s role throughout the professional experience can be considered that of a mentor and shall include mentoring the provisional licensee in all aspects of the professional employment. The supervisor shall include regular monthly communication around mutually developed goals including professional, educational and personal objectives. Since one purpose of the clinical fellowship year is to improve the clinical effectiveness of the provisional licensee, supervisors shall share and discuss their evaluations with the provisional licensee throughout the postgraduate professional experience year, as well as during a monthly evaluation conference. The monthly evaluation conference may be in conjunction with one of the on-site conferences and shall include:

        12.10.a. Detailed feedback regarding clinical performance; and

        12.10.b. Summarizing a list of clinical strengths and goals on the “PPE Supervision Contacts
Log”.

    12.11. A conference shall be held upon completion of the professional experience for a review and discussion of the “PPE Supervisor’s Report.”

    12.12. The PPE Supervision Contacts Log and the PPE Supervisor’s Report shall be submitted to the Board within thirty (30) days after the professional experience is completed.

    12.13. After submission of the PPE Supervision Contacts Logs and the PPE Supervisor’s Report to the Board for approval, the provisional licensee shall abide by the regulations for the provisional license until full licensure is granted.

    12.14. Any person who has completed a clinical doctorate in audiology (Au.D.) from an accredited institution fulfills the requirement for the Postgraduate Professional Experience.

§29-1-13. Continuing Education

    13.1. In order to renew a Speech-Language Pathology and/or Audiology license or a provisional license, an applicant shall complete continuing education units that relate directly to professional growth and development.,e.g., clinical skills. The continuing education requirements for Speech-Language Pathology and/or Audiology Assistants are stated in 29CSR5 – Rule Governing Speech-Language Pathology and Audiology Assistants.

        13.1.a. A person initially licensed during the last 6 months of the 2-year licensing period is not required to complete CEU’s as a prerequisite for the first renewal of his/her license.

    13.2. A professional licensee shall obtain a minimum of 20 clock hours of continuing education during every two-year licensure period. Licensees who exceed the minimum continuing education requirement may carry a maximum of 6 hours forward to the next reporting period only. A provisional licensee shall obtain ten hours of continuing education during his or her provisional license year in order to renew his or her provisional license. An individual with professional licenses in both speech-language pathology and audiology shall obtain 15 clock hours of continuing education credits in each area, for a total of 30 clock hours during the two-year license period.

        13.2.a. Effective for licenses expiring December 31, 2014 and thereafter, 1 clock hour per year (total of 2 clock hours) of approved ethics continuing education are required for license renewal.

    13.3. The Board shall accept credits issued by the following organizations:

        13.3.a. The American Speech-Language-Hearing Association.

        13.3.b. The West Virginia Speech-Language-Hearing Association.

        13.3.c. The American Academy of Audiology.

        13.3.d. Activities approved by the WVBESLPA

    13.4. Online continuing education courses will be accepted if issued/approved by the organizations in section 13.3 and/or approved by the WVBESLPA.

    13.5. The presenting licensee may count 1 ½ times the value of a workshop the first time it is presented to allow for preparation time (Example: a three hour workshop = 4 ½ hours of CE). The workshop will count for the actual hour value for each subsequent presentation of the same workshop.

    13.6. Teaching at the college level in the area of communication disorders and audiology is not acceptable for continuing education.

    13.7. A licensee shall submit verification of continuing education credits as part of the license renewal requirement. Verification can consists of proof of attendance by signature of the presenter or monitor, ASHA transcript, conference coded attendance log, etc.

    13.8. Continuing education activities from organizations other than 13.3.a., 13.3.b., 13.3.c., and
13.3.d. require prior approval from the Board.

        13.8.a. The licensee shall submit the following information for pre-approval of continuing education hours:

            13.8.a.1. The name of the activity;

            13.8.a.2. The name and credentials of the speaker or presenter;

            13.8.a.3. The date and hours of the activity (including the agenda);

            13.8.a.4. The location of the activity;

            13.8.a.5. The contact person or coordinator of the activity and his/her telephone number;

            13.8.a.6. The goals of the activity;

            13.8.a.7. The target group of the activity;

            13.8.a.8. The total number of continuing education hours requested for the activity.

        13.9.a. The licensee shall request pre-approval (minimum 30 days in advance) from the Board for self-study or other appropriate CE hours.

        13.9.b. Self-study activities include:

            13.9.b.1. Professional presentations on recorded media including; audio, video, online courses (both live and pre-recorded);

            13.9.b.2. Reading of professional journal articles that contain self-examination questions at the end.  Articles shall be submitted for pre-approval:

            13.9.b.3. Reading journal articles and submitting summarization of articles to the Board; and

            13.9.b.4. Publication of diagnostic and/or therapeutic materials:

        13.9.c. Licensees who elect to audit university classes in speech-language pathology or audiology shall submit a self-study plan for pre-approval from the WVBESLPA in order to qualify for CE credit.

§29-1-14. Coursework requirement for Master’s Equivalency for Speech-Language Pathology and Audiology.

    14.1 Definitions.

        14.1.a. “Equivalent” is defined as holding a bachelor’s degree from an accredited college or university.

        14.1.b. “Equivalency” is defined as at least 42 post-baccalaureate semester hours acceptable toward a master’s degree.

    14.2. Outline of the Academic Courses required for the basis of the Master’s Degree Equivalency.

        14.2.a. At least 30 semester hours shall be in the areas of Speech-Language Pathology, Audiology, or Speech-Language and Hearing Science.

        14.2.b. Speech-Language Pathologists and Audiologists shall obtain at least 21 of these 42 semester hours from a single college or university.

        14.2.c. No academic hours shall be completed more than 10 years prior to the date of application.

        14.2.d. No more than 6 semester hours shall be obtained for clinical practicum.

    14.3. In evaluation of credits, one-quarter hour is the equivalent of two-thirds of a semester hours. An applicant shall submit official transcripts to the Board for special evaluation if the transcript does not report credit in terms of semester or quarter hours.

    14.4. An applicant shall complete a total of 60 additional semester hours of academic credit from accredited colleges or universities. These hours must demonstrate that the applicant has obtained a well- integrated program or course study dealing with the normal aspects of human communication, development, disorders, and clinical techniques for evaluation and management of such disorders.

    14.5. Courses in Basic Communication Processes Area.

        14.5.a. The applicant shall complete 15 of these 60 hours in courses that provide information pertaining to normal development and use in speech, language and hearing, hereafter referred to as the basic communication processes area. These 15 hours will provide the applicant with a wide exposure to diverse kinds of information suggested by the following areas:

            14.5.a.1. Anatomic and physiological basis for the normal development and use of speech, language and hearing such as anatomy, neurology, and physiology of speech, language and hearing mechanisms.

            14.5.a.2. Physical basis and processes of the production and perception of speech, language and hearing, such as:

                14.5.a.2.A. acoustics or physics of sound; 

                14.5.a.2.B. phonology;

                14.5.a.2.C. physiologic and acoustic phonetics; 

                14.5.a.2.D.  perceptual processes;

                14.5.a.2.E.  psychoacoustics; and

            14.5.a.3. Linguistic and psycholinguistic variables related to normal development and use of speech, language and hearing, such as:

                14.5.a.3.A. linguistics (historical, descriptive, socialinguistics, urban language); 

                14.5.a.3.B.  psychology of language;

                14.5.a.3.C. psycholinguistics;

                14.5.a.3.D. language and speech acquisition; and

                14.5.a.3.E.  verbal learning or verbal behavior.

        14.5.b. The applicant shall earn at least 2 semester hours of credit in each of the above 3 categories.

    14.6. It is emphasized that the three broad categories of required education in this section, and the examples of areas of study within these classifications, are not meant to be analogous to, or imply, specific course titles. Neither are the examples of areas of study within these categories meant to be exhaustive. Some of these 15 semester hours may be obtained in courses that are taught in departments other than those offering speech-language pathology and audiology degrees.

        14.6.a. The applicant will not receive credit for courses designed to improve one’s speaking and/or writing ability.

    14.7. The  applicant shall obtain 30 of these 60 semester hours in courses that provide:

        14.7.a. information relative to communication disorders;

        14.7.b. information about and training in evaluation and management of speech, language and hearing disorders; and

        14.7.c. At least 24 of these 30 semester hours shall be in courses in the major professional area (Speech-Language Pathology or Audiology) for which licensure is requested At least 6 hours shall be in audiology for licensure in speech-language pathology and at least 6 hours shall be in speech-language pathology for licensure in audiology, hereafter referred to as the minor professional area.

    14.8. Professional Education Hours Required for Speech-Language Pathology.

        14.8.a. The 24 semester hours of professional education required for licensure in speech- language pathology should be in the broad, but not necessarily exclusive, categories of study as follows:

            14.8.a.1. Understanding of speech and language disorders, such as: 

                14.8.a.1.A. various types of disorders of communication; 
                14.8.a.1.B.  their manifestations; and

                14.8.a.1.C.  their classifications and causes;

            14.8.a.2. Evaluation skills such as procedures, techniques, and instrumentation used to
assess:

                14.8.a.2.A. the speech and language status of children and adults; and 14.8.a.2.B.  the basis of disorders of speech and language; and

            14.8.a.3. Management procedures; such as principles in remedial methods used in habilitation and rehabilitation for children and adults with various disorders of communication.

        14.8.b. At least 6 semester hours shall deal with speech disorders and at least 6 semester hours shall deal with language disorders.

        14.8.c. The remaining 6 semester hours of the 30 shall be in the minor professional area of audiology. Of these 6 semester hours, 3 semester hours shall be in the habilitative/rehabilitative procedures with speech and language problems associated with hearing impairment, and 3 semester hours shall be in study of the pathologies of the auditory system and assessment of auditory disorders. However, when more than the minimum 6 semester hours is met, study of habilitative/rehabilitative procedures may be counted in the major professional area.

    14.9. Professional Education Hours Required for Audiology.

        14.9.a. The 24 semester hours of professional education required for licensure in audiology should be in the broad, but not necessarily exclusive, categories of study as follows.

            14.9.a.1. auditory disorders, such as:

                14.9.a.1.A. pathologies of the auditory system; and

                14.9.a.1.B. assessment of auditory disorders and their effective on communication;

             14.9.a.2. habilitative/rehabilitative procedures, such as:

                14.9.a.2.A. selection and use of appropriate amplification instrumentation for the hearing impaired, both wearable and group;

                14.9.a.2.B. evaluation of speech and language problems of the hearing impaired; and 

                14.9.a.2.C.  management procedures for speech and language habilitation and/or
rehabilitation of the hearing impaired (that may include manual communication);

            14.9.a.3. conservation of hearing, such as: 
 
                14.9.a.3.A.  environmental noise control; and

                14.9.a.3.B.  identification audiometry (school, military, industry); and

            14.9.a.4. Instrumentation, such as: 

                14.9.a.4.A. electronics

                14.9.a.4.B. calibration technique; and

                14.9.a.4.C. characteristics of amplifying systems.

        14.9.b. At least 6 semester hours shall deal with auditory pathology and at least 6 semester hours shall deal with habilitation/rehabilitation.

        14.9.c. The remaining 6 semester hours of the 30 shall be in the minor professional area of speech-language pathology.

            14.9.c.1. Of these 6 semester hours, three semester hours shall be in speech pathology, and three semester hours shall be in language pathology. It is suggested that where only this minimum requirement of 6 semester hours is met, that the study be in the areas of evaluation procedures and management of speech and language problems that are not associated with hearing impairment.

        14.9.d. An individual who holds a clinical doctorate in audiology (Au.D.) and has completed 75 hours of post-baccalaureate coursework from a regionally accredited audiology program fulfills the requirement for a supervised postgraduate professional employment experience.

    14.10. Related Areas of Study.

        14.10.a. In addition to the 15 semester hours of course study in basic communication processes, the 24 semester hours in the major professional area, and the 6 semester hours in the minor professional area, credit for study of information pertaining to related fields that augment the work of the clinical practitioner of speech-Language Pathology and/or Audiology may also apply toward the total 60 semester hours, hereafter referred to as related areas. Such study should pertain to the understanding of human behavior, both normal and abnormal, as well as services available from related professions, and in general should augment the background for a professional career.  Examples of such areas of study are as follows:

            14.10.a.1. theories of learning and behavior;

            14.10.a.2. services available from related professional that also deal with persons who have disorders of communication; and

            14.10.a.3. information from these professions about the sensory, physical emotional, social, and/or intellectual status of a child or an adult.

        14.10.b. Academic credit obtained from practice teaching or practicum work in other professions shall not be counted toward the minimum requirements.

        14.10.c. In order that the future applicant for one of the professional licenses shall be capable of critically reviewing scientific matters dealing with clinical issues relative to speech-language pathology and audiology, credit for study in the area of statistics, beyond an introductory course, shall be allowed to a maximum of 3 semester hours. Academic study of the administrative organization of Speech-Language Pathology and Audiology programs may also be applied to a maximum of 3 semester hours.

        14.10.d. Certain types of course work shall be acceptable among more than one of the areas of study specified in 14.10, depending on the emphasis. For example, courses that provide an overview of research, e.g., introduction to graduate study or introduction to research in communication sciences, disorders or management, and/or a more general presentation of research procedures and techniques that shall permit the clinician to read and evaluate literature critically are acceptable for a maximum of 3 semester hours. These courses may be credited to the basic communication process area, or one of the professional areas or related area, if substantive content of the courses covers material in those areas.

            14.10.d.1. Academic credit for a thesis or dissertation shall be acceptable for a maximum of 3 semester hours in the appropriate area.

            14.10.d.2. The applicant shall submit an abstract of the study with the application if credit is
requested.

            14.10.d.3. In order to be acceptable, the thesis or dissertation must have been an experiment of descriptive investigation in the areas of speech, language and hearing science, Speech-Language Pathology or Audiology. Credit is not allowed if the project was a survey of opinions, a study of professional issues, an annotated bibliography, biography, or a study of curricular design.

        14.10.e. As set forth in section 14.10, the academic credit hours obtained from one course or one enrollment may, although should not be in some instances, divided among the basic communication processes area and one of the professional areas, and/or the related area.  In such cases, a description of the content of that course should accompany the application. This description should be extensive enough to provide the Board with information necessary to evaluate the validity of the request to apply the content to more than one of the areas. Study in the area of understanding, evaluation, and management of speech and language disorders associated with hearing impairment may apply to the 24 semester hours in the major professional area associated with either license (Speech-Language Pathology or Audiology).

            14.10.e.1. The applicant is not allowed more than 6 semester hours in that area of study toward the license in speech-language pathology.

        14.10.f. Thirty of the total 60 semester hours that are required for licensure shall be in courses that are acceptable toward a graduate degree by the college or university in which they are taken.

            14.10.f.1. This requirement can be met by courses completed as an undergraduate providing the college or university in which they are taken specifies that these courses would be acceptable toward a graduate degree if they were taken for graduate degree if they were taken for graduate credit.

            14.10.f.2. 21 of these 30 semester hours shall be within the 24 semester hours required in the professional area (speech-language pathology or Audiology) for which licensure is requested or within  the 6 semester hours required in the other area as specified in section 14.7.c.

    14.11. A student who is enrolled in a terminal degree program in Speech-Language Pathology or Audiology who has not yet completed a terminal degree is not eligible for licensure.

§29-1-15.Telepractice

   

 15.1 Definitions.

        15.1.a. “Asynchronous” is defined as images or data that are captured and transmitted for later review by a provider.

        15.1.b. “Client/Patient” is defined as a consumer of telepractice services.

        15.1.c. “Facilitator” is defined as the individual at the client site who facilitates the telepractice service    delivery    at    the    direction    of    the    speech-language    pathologist    or    audiologist.     For purposes of fulfilling the facilitator role at the direction of the speech-language pathologist or audiologist, an individual does not have to become licensed as an aide.

        15.1.d. “Provider” is defined as a speech-language pathologist or audiologist, fully licensed by the board, who provides telepractice services.

        15.1.e. “Service Delivery Model” is defined as the method of providing telepractice services.

        15.1.f. “Site” is defined as the client/patient location for receiving telepractice services.

        15.1.g. “Stored Clinical Data” is defined as video clips, sound/audio files, photo images, electronic records, and written records that may be available for transmission via telepractice communications.

        15.1.h. “Synchronous” is defined as interactive audio and video telepractice service occurring in real time.

        15.1.i. “Telepractice Service” is defined as the application of telecommunication technology to deliver speech-language pathology and/or audiology services at a distance for assessment, intervention and/or consultation.

    15.2. Service Delivery Models

        15.2.a. Telepractice Services may be delivered in a variety of ways, including, but not limited to those set out in this section.

            15.2.a.1. Store-and-forward model/is the asynchronous capture and transmission of clinical data from one location to a provider.

            15.2.a.2. Synchronous clinician interactive model is a real time interaction between the provider and client/patient that may occur via encrypted audio and video transmission over telecommunication links including, but not  limited to, videoconferencing.

    15.3. Guidelines for Use of Facilitators

        15.3.a Facilitators may be used to assist clients on site when telepractice services are provided. The Speech-Language Pathologist or Audiologist is responsible for conducting the session and directing the activities of the facilitator. The facilitator may be a teacher’s aide, a nursing assistant, a speech- language pathology or audiology assistant or other type of support personnel.

        15.3.b. The Speech-Language Pathologist or Audiologist is responsible for ensuring the facilitator is appropriately trained to provide the type of assistance needed.  Activities may include:

            15.3.b.1. Escorting client/patient or student to and from sessions;

            15.3.b.2. Establishing and troubleshooting the telepractice connection;

            15.3.b.3. Setting up therapy materials;

            15.3.b.4. Positioning the client/patient at the direction of the Speech-Language Pathologist or Audiologist;

            15.3.b.5. Remaining with the client/patient or student during sessions;

            15.3.b.6. Assisting with behavior management, as needed;

            15.3.b.7. Communicating with on-site staff or teachers about scheduling, and

            15.3.b.8. In some instances serving as the interpreter.

    15.4. Guidelines for Use of Telepractice.

        15.4.a. The provider shall comply with the West Virginia Board of Examiners for Speech- Language Pathology and Audiology Code of Ethics as set forth in 29CSR5 and Scope Practice requirements set forth in West Virginia Code §30-32-13 & §30-32-14, when providing telepractice services.  Failure to comply will be grounds for disciplinary action as described in West Virginia Code
§30-32-19.

        15.4.b. Telepractice services delivered via telecommunication technology must be equivalent to the quality, scope and nature of services delivered face-to-face, i.e., in person.

        15.4.c. The quality of electronic transmissions shall be appropriate for the delivery of telepractice services as if those services were provided in person.

        15.4.d. Providers must have the knowledge and skills to competently deliver services via telecommunication technology by virtue of education, training and experience.

        15.4.e. Providers are responsible for assessing the client’s candidacy for telepractice including behavioral, physical and cognitive abilities to participate in services provided via telecommunications.

        15.4.f. A provider shall be sensitive to cultural and linguistic variables that affect the identification, assessment, treatment and management of the clients/patients.

        15.4.g. Equipment used for the delivery of telepractice services at the provider site shall be maintained in appropriate operational status to provide appropriate quality of services.

        15.4.h. Equipment used at the client/patient site shall be in appropriate working condition and deemed appropriate by the provider.

        15.4.i. As pertaining to liability and malpractice issues, a provider shall be held to the same standards of practice as if the telepractice services were provided in person.

        15.4.j. Telepractice providers shall comply with all laws, rules and regulations governing the maintenance of patient/client records, including patient/client confidentiality requirements, regardless of the state where the records of any patient/client within this state are maintained.

        15.4.k. Notification of telepractice services should be provided to the patient/client, the guardian, the caregiver, and the multi-disciplinary team, if appropriate. The notification shall include, but not be limited to:  the right to refuse telepractice services and options for service delivery.

    15.5. Limitations of Telepractice Services

        15.5.1. Telepractice services shall not be provided by correspondence only, e.g., mail, email, fax, although they may adjuncts to telepractice.

        15.5.2. Telepractice services shall not be provided by:

            15.5.2.a. Speech Pathologists with a provisional license while completing a postgraduate professional experience/clinical fellowship year.

            15.5.2.b. Speech Pathology or Audiology Assistants

    15.6. Licensure Requirements for Providing Telepractice Services.

        15.6.1. A provider of telepractice services who practices in this State shall be licensed by the Board, per license requirements set forth in WV Code, §30-32-9., §30-32-10. & WV Code Rules §29-1.

        15.6.2. A provider of telepractice services who resides out of this State and who provides telepractice services to clients/patients in West Virginia shall be licensed by the Board, per license requirements set forth in WV Code, §30-32-9. & §30-32-10. & WV Code Rules §29-1.

        15.6.3. A provider of telepractice services shall be competent in both the type of services provided and the methodology and equipment used to provide the services.


29CSR2
TITLE 29
LEGISLATIVE RULE
BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
SERIES 2
RULE GOVERNING SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY ASSISTANTS

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§29-2-1. General

1.1.  Scope.  --  This legislative rule establishes procedures for the registration of speech-language pathology and audiology assistants and defines the qualifications, duties, and responsibilities of the assistant and supervisor.

 

1.2.  Authority.  --  WV Code §30-32-7.

 

1.3.  Filing Date.  --  June 29, 2016.

 

1.4.  Effective Date.  --  July 15, 2016.

§29-2-2. Definitions

2.1.  Credentialing:  Mechanism for formal recognition.  May take different forms such as recognition, registration or certification.

 

2.2.  Direct supervision:  Direct supervision means the actual physical presence of a supervising licensed speech-language pathologist or supervising licensed audiologist in the room where treatment is provided by an assistant.

 

2.3. Indirect supervision: Indirect supervision means initial direction and periodic inspection of the activities of an assistant by the supervising licensed speech-language pathologist or supervising licensed audiologist, who is physically present in the building where treatment is provided and is quickly and easily available. 

 

2.4.  Plan of care:  (treatment plan).  This terminology is meant to include, but not be limited to, the “Plan of Care,” “Individualized Education Program (IEP) or “Individualized Family Service Plan (IFSP),” and other titles that outline the care of the patient/client.

 

2.5.    Telepractice:  The application of telecommunication technology to deliver speech-language pathology or audiology services through real time interaction from one site to another for assessment, intervention or consultation in a manner sufficient to ensure patient confidentiality.

 

2.6.   Facilitator:   An individual at the client site who facilitates the telepractice service delivery at the direction of the speech-language pathologist or audiologist.

 

2.7    Medically fragile patient/client:  A medically fragile patient/client means a patient/client who has any condition that interferes with the airway, breathing, and/or circulatory system. 

 

2.8.  Supervisor:  A speech pathologist or audiologist licensed by the state who has been practicing for at least 2 years following licensure and who assumes legal responsibility for services provided by an assistant.

 

2.9.  Support personnel:  Support personnel in speech-language pathology and Audiology are people who, following academic and/or on-the-job training, perform tasks as prescribed, directed, and supervised by licensed speech-language pathologists and audiologists.  There are different levels of support personnel based on training and scope of responsibilities.

§29-2-3. Qualifications

3.1.  The speech-language pathology or audiology assistant shall possess a minimum of an associate’s degree from an institution or technical training program with a program of study designed to prepare the student to be a speech language pathology or audiology assistant.  Individuals who hold a bachelor’s degree in speech-language pathology or audiology are considered at the same level as assistants who meet the training requirements specified in this document.  However, these distinctions could  be viewed as separate rungs of a career ladder for support personnel that for some could culminate with a master’s degree and ASHA certification in speech-language pathology or audiology.  A bachelor’s degree does not automatically qualify an individual as a speech-language pathology or audiology assistant.  All training requirements apply, including supervised practicum, on-the-job training, and demonstrated competence through outcome-based measures.

§29-2-4. Responsibilities of the Assistant’s Supervisor

4.1.  The fully qualified, licensed supervising speech-language pathologist or audiologist is responsible for the services provided by assistants.  The professionally licensed supervisor will hold full, unrestricted licenses and assume the following responsibilities for persons working under their direction.  The supervisor of a speech language pathology or audiology assistant shall:

(a)  Register with the Board the name of each assistant working under his or her supervision;

(b)  Complete initial supervision training prior to accepting an assistant for supervision and upgrade supervision training on a regular basis.

(c)  Participate significantly in hiring the assistant.

(d)  Document preservice training and credentials of the assistant.

(e) Ensure that persons receiving services from an assistant receive prior written notification that services are to be provided by an assistant and inform patients/clients and families about the level (professional vs. support personnel), frequency, and duration of services as well as supervision.

(f)  Provide direct supervision of the first three hours of treatment by the speech- language pathology assistant for each patient/client, followed by a minimum of one direct observation for each subsequent two week period.  The supervisor shall document direct observations, and shall include information on the quality of the assistant s performance.  Information obtained during direct observations may include data relative to (1) agreement (reliability) between the assistant and the supervisor on correct/incorrect judgment of target behavior, (2) accuracy in implementation of assessment and management procedures, (3) accuracy in recording data, and (4) ability to interact effectively with the client.  These levels of agreement, or reliability levels shall be sampled a minimum of one time per each quarter year period.  Whenever areas (1) through (3) fall below a 90% reliability level between supervising professional and the assistant for three consecutive direct observations, the supervisor shall provide retraining in areas of deficiency, and shall increase direct observation to 50% of all clinical sessions until the reliability level returns to 90% for three consecutive direct observations.

(g)  Represent the speech-language pathology or audiology team for drafting correspondence and reports for editing, approval, and signature by the speech-language pathologist or audiologist.

(h)  Provide 20% direct supervision and 10% indirect supervision for the first ninety (90) days,  and thereafter ensure that he or she has direct contact with each patient/client at least once for every two weeks of treatment provided:  Provided, That supervisors shall provide 100% direct supervision of an assistant who is providing treatment to a medically fragile patient/client.

(i)  Make all clinical decisions, including determining patient/client selection for inclusion/in the case load, and dismissing patients/clients from treatment.

(j)  Be on-site at all times when the speech-language pathology or audiology assistant is providing direct client services in a hospital, rehabilitation facility, or residential care facility, or insure that a person holding a current West Virginia license in the field of supervision is on- site in the absence on the supervisor.  Supervision by an alternate supervisor shall not exceed 10 consecutive working days or a maximum of 20 working days per year;

(k)  Communicate with patients/clients, parents, and family members about assessment, prognosis, and treatment plan.

(l)  The supervisor provides documentation of a 90% or better reliability level between supervisor and assistant in:

a.  Correct/incorrect judgment of target behavior

b.  Accuracy in implementation of assessment and management procedures, and

c.  Accuracy in recording data.

(m)  Conduct diagnostic evaluation, assessments, or appraisals, and interpret obtained data in reports.

(n)  Review each treatment plan with the assistant at least weekly.

(o)  Delegate specific tasks to the assistant while retaining legal and ethical responsibility.

(p)  Prepare an individualized treatment plan and make modifications prior to or during implementation.

(q)  Discuss the case with or refer the patient/client to other professionals.

(r)  Sign all formal documents (e.g., treatment plans, reimbursement form reports; the supervisor should indicate on documents that the assistant performed certain activities).

(s)  Review and sign all informal progress notes prepared by the assistant.

(t)  Provide ongoing training to the assistant on the job.

(u)  Accurately document all direct and indirect supervisory activities on forms prescribed by the board, and submit the same annually upon application for renewal of registration.

(v)  Ensure that the assistant only performs tasks within the scope of responsibility of the speech-language pathology assistant.

(w)  Participate in the performance appraisal of the speech-language pathology or audiology assistant.

(x)  The speech-language pathologist or audiologist shall not supervise a speech-language pathology or audiology assistant until the speech-language pathologist or audiologist has completed the certification examination, the post graduate professional e

xperience and 2 additional years of clinical experience after receiving licensure in speech-language pathology or audiology.

(y)  Supervise no more than three full-time assistants at any one time, with full-time employment being defined as forty (40 hours per week).

§29-2-5. Role of the Speech-Language Pathology Assistant

5.1.  The speech-language pathology assistant shall engage only in those duties that are planned, designed and supervised by the supervisor, and for which the assistant has received adequate training.

 

(a)  An assistant may:

 

(1)  Assist the speech-language pathology supervisor with screenings (without interpretation)

 

(2)  Follow documented treatment plans or protocols developed by the supervising speech-language pathologists.

 

(3)  Document patient/client performance (e.g., tally data for the supervisor to use; prepare charts, records, and graphs) and report this information to the supervisor.

 

(4)  Assist the supervisor during assessment of patients/clients.

 

(5)  Assist with informal documentation as directed by the supervisor.

 

(6) Assist with clerical duties, such as preparing materials and scheduling activities as directed by the supervisor.

 

(7)  Perform checks and maintenance of equipment.

 

(8)  Support the supervising speech-language pathologists or audiologists in research projects, inservice training, and public relations programs.

 

(9) Assist with departmental operations (scheduling, record-keeping, safety/maintenance of supplies and equipment).

 

(10)  Collect data for quality improvement.

 

(11)  Exhibit compliance with regulations reimbursement requirements, and speech-language pathology or Audiology assistant’s job responsibilities.

 

(12)  Fulfill the facilitator role to assist clients on site when telepractice services are provided.

§29.2.6 Tasks outside the scope of responsibility of a speech-language pathology assistant

6.1.  The assistant shall not:

a. Administer standardized or nonstandarized diagnostic tests, conduct formal or informal evaluations, or interpret tests results.

b.  Screen or diagnose patients/clients for feeding/swallowing disorders.

c. Participate in parent conferences, case conferences, or any interdisciplinary team meeting without a licensed speech-language pathologist or audiologist being present.

d.  Provide patient/client or family counseling.

e.  Write, develop or modify a patient/clients/ individualized treatment plan.

f.  Assist with patients/clients without following the individualized treatment plan prepared by the speech-language pathologist or audiologist without access to supervision.

g.  Sign any formal documents.

h.  Select patients/clients for service.

i.  Discharge a patient/client from services.

j.  Disclose clinical or confidential information either orally or in writing to anyone other than the supervising speech-language pathologist or audiologist.

k.  Make referrals for additional service.

l.  Counsel or consult with the patient/client, family, or others regarding the patient client status or service.

m. Represent himself or herself as a speech-language pathologist or audiologist.

n.  Use a checklist or tabulate results of feeding or swallowing evaluations.

o.  Demonstrate swallowing strategies or precautions to patients, family or staff.

p.  Provide telepractice services

q. Perform tasks at any time when a supervisor cannot be reached by personal contact, phone, pager, or other immediate means.

§29.2.7 Role of the Audiology Assistant

7.1  The audiology assistant shall engage only in those duties that are planned, designed and supervised by the supervisor and for which the assistant has received adequate training.

(a) The types of services the audiology assistant can perform include, but are not limited to: (1)  Equipment maintenance;

(2)  Hearing aid repair;

(3)  Electroacoustical analysis, real ear measurements, other verification methods of hearing aids;

(4)  Hearing screening on a pass/fail basis;

(5)  Hearing conservation and assisting the audiologist in testing;

(6)  Preparation of patient for electrophysiologic and balance testing;

(7)  Fulfill the facilitator role to assist clients on site when telepractice services are provided; and

(8) Other support functions required by the supervising audiologist, not to include duties specifically prohibited by §29.2.7.2.

7.2       Tasks outside the scope of responsibility of an Audiology Assistant.

(a)  The Audiology Assistant shall not:

(1)  Dispensing hearing aids;

(2)  Selection of a hearing aid;

(3)  Performing diagnostic testing;

(4)  Making ear mold impressions;

(5) Fitting a hearing aid, including but not limited to initial programming or changes to prescribed programing;

(6)  Initiating, modifying, planning or developing therapy procedures;

(7)  Transmitting clinical information, either verbally or in writing to anyone without the approval of the supervising audiologist;

(8)  Signing any formal documents such as treatment plans, reimbursement forms or reports;

(9)  Discharging a patient from services;

(10) Acting for the licensed audiologist in any matter related to direct care of patients which requires judgement or decision making;

(11) Providing consultation, counseling, recommendation for assessment, treatment protocols, results/outcomes, treatment/intervention plans or patient referrals on any matter regarding patient care;

(12) Providing program reviews for individualized habilitation plans  or other forms of care planning for patients;

(13) Supervising or managing infant hearing screening programs or occupational hearing conservation/prevention programs;

(14) Functioning without supervision;

(15) Referring to himself or herself either orally or in writing with a title other than audiology assistant;

(16) Provide telepractice services; and

(17) Perform tasks at any time when the supervisor cannot be reached by personal contact, phone, pager or other immediate means.

§29.2.8 Registration and Renewal of Assistants

8.1.  The supervisor of the assistant shall register with the Board the name of each assistant working under his or her supervision on a form provided by the Board.

 

8.2.  The speech-language pathology or Audiology assistant shall be registered with the Board for a period of up to one year, with expiration of registration to occur on December 31 of each year.  The supervisor may renew the registration of the assistant prior to that date provided that:

 

a.  The assistant has completed (5) hours of Board approved continuing education in his or her field during the previous year.  These continuing education units must relate directly to the assistant’s professional growth and development and shall also include one (1) clock hour of continuing education in the subject of Ethics.  Continuing education courses must be obtained between the date of registration and the expiration date.

 

b.  The assistant will be required to provide proof of attendance at all activities for which credit is requested.

     

8.3. An assistant may not continue working after his or her registration has expired.  Any continuation constitutes a violation of WV Code §30-32-15.

  


29CSR3
TITLE 29
PROCEDURAL RULE
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
SERIES 3
CONTESTED CASE HEARING PROCEDURE

§29-3-1. General

1.1.  Scope.  -‑  This rule specifies the procedure for the adjudication of contested case hearings before the Board.

1.2.  Authority.  --  WV Code §§30-32-1 et seq. and 30-1-1 et seq.

1.3.  Filing Date.  --  June 13, 2014

1.4.  Effective Date.  --  July 15, 2014

§29-3-2. Definitions

The following words and phrases as used in this rule shall have the following meanings, unless the context otherwise requires:

2.1.  "Board" means the West Virginia Board of Speech-Language Pathology and Audiology.(WVBESLPA)

2.2. "Demanding party" means an individual who has been denied a license to practice speech-language pathology or audiology by the Board and who, as a result, demands that a hearing be held before the Board on the issue of such denial.

2.3.  “Charged party” means an individual who holds a license to practice speech-language pathology or audiology issued by the Board and who has been charged by the Board as described in Section 3.4 of these rules.

2.4.  “License” means a license or provisional license issued by the Board pursuant to  WV Code §30-32 et seq.

2.5.  "Licensee" means an individual who holds a license to practice speech-language pathology or audiology issued by the Board.  

2.6.  “Practice of speech-language pathology and audiology” means the practice of speech-language pathology and audiology as defined in  WV Code §30-32-4 and includes speech-language pathologists, audiologists and speech-language pathology and audiology assistants.

§29-3-3. Hearing Procedure

3.1.  Any applicant denied a license or any licensee  who has had their license suspended by the Board who believes such denial was in violation of  WV Code §§30-1-1 et seq. and/or 30-32-1 et seq. shall be entitled to a hearing on the action denying or suspending such license.

3.2.  Any person who desires a hearing for the reason described in subsection 3.1 of this section must present a written demand for such to the Board.

3.3.  When the chair of the Board or his or her authorized designee is presented with such a demand for a hearing, a hearing shall be scheduled within forty‑five (45) days of receipt by the Board of such written demand, unless postponed to a later date by mutual agreement.

3.4.  Charges may be instituted against any licensee by the Board when probable cause exists for believing that the licensee may have engaged in conduct, practices or acts in such condition that his or her license should be suspended, revoked or otherwise disciplined for one or more of the grounds set forth in WV Code §30-32 et seq.  or the Board's legislative rules.  Charges may be based upon information received by way of a verified written complaint filed with the Board and further information gathered by the Board in the process of investigating such complaint.  Charges may also be based upon information received solely through investigative activities undertaken by the Board.

3.5.  Charges instituted against a licensee as described in subsection 3.4 of this section shall be set forth in a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of speech-language pathology and audiology.  Such Complaint and Notice of Hearing shall designate the Board as the “Complainant”, and shall designate the licensee involved in the proceeding as the “Respondent"; shall set out the substance of each offense charged with sufficient particularity to reasonably apprise the Respondent of the nature, time and place of the conduct or condition complained of therein; and shall state the date, time and place for the hearing.

3.6.  Upon receipt of a demand for a hearing described in subsections 3.1 and 3.2 of this section, the chair or his or her designee shall provide the demanding party, with a Complaint and Notice of Hearing issued in the name of the Board as the agency of the state regulating the practice of speech-language pathology and audiology.  Such Complaint and Notice of Hearing shall designate the demanding party as the "Complainant and shall designate the Board as the “Respondent"; shall set out the substance of each and every reason that the Board has denied the demanding party a license or permit with sufficient particularity to reasonably apprise the demanding party of the nature, time and place of the conduct or condition at issue therein; and shall state the date, time and place for the hearing.

3.7.  The Board may amend the charges set forth in a Complaint and Notice of Hearing as it deems proper.

3.8.  A Complaint and Notice of Hearing shall be served upon the demanding or charged party at least thirty (30) days prior to the date of hearing.

3.9.  Upon written motion received by the Board no later than twenty (20) days prior to the date of hearing, a more definite statement of the matters charged or the reasons stated for denial of Licensure shall be provided to the demanding or charged party or his or her counsel, at least fifteen (15) days prior to the hearing date.

3.10.  Hearings shall be conducted as follows:

3.10.1.  Any party to a hearing shall have the right to be represented by an attorney‑at‑law, duly qualified to practice law in the state of West Virginia.

3.10.2.  The Board shall be represented by the West Virginia Attorney General's Office.

3.10.3.  Irrelevant, immaterial, or unduly repetitious evidence shall be excluded from the hearing.  Furthermore, the rules of evidence as applied in civil cases in the circuit courts of this state shall be followed.  However, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible there under may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

3.10.4.  The rules of privilege recognized by the law of this state shall be followed.

3.10.5.  Objections to evidentiary offers shall be noted in the record.  Any party to the hearing may vouch the record as to any excluded testimony or other evidence.

3.10.6.  Any party to a hearing may appear with witnesses to testify on his or her behalf; may be heard in person, by counsel or both; may present such other evidence in support of his or her position as deemed appropriate by the Board, when appropriate, may cross-examine witnesses called by the Board in support of the charges or in defense of its decision to deny licensure or a permit.

3.10.7.  The hearing shall be held at such time and place as is designated by the Board, but no hearing shall be conducted unless and until at least thirty (30) days written notice thereof has been served upon the charged or demanding party and/or his or her attorney in person; or if he or she cannot be found, by delivering such notice at his or her usual place of abode and giving information of its purport, to any other person found there who is a member of his or her family and above the age of sixteen (16) years; or if any such person cannot be found there, and he or she cannot be found, by leaving such notice posted at the front door of such place of abode; or if he or she does not reside in this state, such notice may be served by the publication thereof once a week for three successive weeks in a newspaper published in this state; or such notice may be served by registered or certified mail.

3.10.8.  The hearing shall be open to the general public.

3.10.9.  Members of the Board and its officers, agents ant employees shall be competent to testify at the hearing as to material and relevant matters: Provided, That no member of the Board who testifies at such hearing shall thereafter participate in the deliberations or decisions of the Board with respect to the case in which he testified.

3.10.10.  The hearing shall be conducted by a quorum of the Board.

3.10.11.  A record of the hearing, including the complaint(s), if applicable, the notice of hearing, all pleadings, motions, rulings, stipulations, exhibits, documentary evidence, evidentiary depositions and the stenographic report of the hearing, shall be made and a transcript thereof maintained in the Boards’ files. Upon request, a copy of the transcript shall be furnished to any party at his or her expense.

3.10.12.  Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

3.10.13.  Where a hearing is held upon the instance of the Board after charges have been brought against a licensee pursuant to subsection 3.4 and 3.5 of this section, the Board shall have the burden of proof and shall present its evidence and/or testimony in support of the charges first.

3.10.14.  Where a hearing is held upon demand under the provisions of subsections 3.1, 3.2, 3.3, and 3.6 of this action, the demanding party shall have the burden of proof and shall therefore be required to present his or her evidence first.  The Board may require the person demanding the hearing to give security for the costs thereof and if the demanding party does not substantially prevail, such facts may be assessed against them and may be collected in a civil action or by other proper remedy.

3.10.15.  Following the conclusion of the Board's presentation of evidence in accordance with subsection 3.10.13 of this section the Respondent or charged party shall have the right to submit his or her evidence in defense.

3.10.16.  Following the conclusion of the demanding party's presentation of evidence in accordance with subsection 3.10.14 of this section, the Board shall have the right to offer its evidence in rebuttal.

3.10.17.  The Board may call witnesses to testify in support of its decision to deny licensure to deny a permit or in support of the charges instituted against a licensee may present such other evidence to support its position; and, may cross‑examine witnesses called by the demanding party or charged party in support of his or her position.

3.10.18.  All parties shall have the right to offer opening and closing arguments, not to exceed ten (10) minutes for each presentation.

3.10.19.  Hearings held by the Board as a result of charges instituted against a licensee may be continued or adjourned to a later date or different place by the Board or its designee by appropriate notice to all parties.

3.10.20.  Motions for a continuance of a hearing may be granted upon a showing of good cause.  Motions for continuance must be in writing and received in the office of the Board no later than seven (7) days before the hearing date. In determining whether good cause exists, consideration will be given to the ability of the party requesting the continuance to proceed effectively without a continuance.  A motion for a continuance filed less than seven (7) days from the hearing date may be denied unless the reason for the motion could not have been ascertained earlier.  Motions for continuance filed prior to the date of hearing shall be ruled on by the chair or executive secretary of the Board.  All other motions for continuance shall be ruled on by the Board member(s) or the member presiding over the hearing.

3.10.21.  All motions related to a case set for hearing before the Board, except motions for continuance and those made during the hearing, shall be in writing an shall be received in the office of the Board at least ten (10) days before the hearing.  Prehearing motions shall be heard at a prehearing conference or at the hearing prior to the commencement of testimony.  The Board member(s) presiding at the hearing shall hear the motions and the response from the non‑moving party and shall rule on such motions accordingly.

§29-3-4. Transcription of Testimony and Evidence

4.1.  All testimony, evidence, arguments and rulings on the admissibility of testimony and evidence shall be reported by stenographic notes and characters or by mechanical means.

4.2.  All reported materials shall be transcribed.  The Board shall have the responsibility to make arrangements for the transcription of the reported testimony and evidence.

4.3.  Upon the motion of the Board or any party assigning error or omission in any part of any transcript, the Board chair or presiding member shall settle all differences arising as to whether such transcript truly discloses what occurred at the hearing and shall direct that the transcript be corrected and/or revised as appropriate so as to make it conform to the truth.

4.4.  A transcript of the hearing shall be provided to all members of the Board for review at least ten (10) days before the vote is taken on its decision in any licensure or permit disciplinary matter.

§29-3-5. Submission of Proposed Findings of Fact and Conclusions of Law

5.1.  Any party may submit proposed findings of fact and conclusions of law at a time and  manner designated by the Board.

§29-3-6. Conferences; Informal Disposition of Cases

6.1.  At any time prior to the hearing or thereafter, the Board, its designee may hold conferences for the following purposes:

6.1.1.  To dispose of procedural requests, prehearing motions or similar matters;

6.1.2.  To simplify or settle issues by consent of the parties; or,

6.1.3.  To provide for the informal disposition of cases by stipulation or agreement.

6.2.  The Board may cause such conferences to be held on its own motion or by the request of a party.

6.3.  The Board may also initiate or consider stipulation or agreement proposals with regard to the informal disposition of cases and may enter into such stipulations and/or agreements without conference.

§29-3-7. Depositions

7.1.  Evidentiary depositions may be taken and read or otherwise included into evidence as in civil actions in the circuit courts of this state. 

§29-3-8. Subpoenas

8.1.  Subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel the production of documents may be issued by any member of the Board, its Executive Secretary, its Assistant Executive Secretary.

Such subpoenas shall be issued pursuant to WV Code §29A‑5‑1(b).

8.2.  Written requests by a party for the issuance of subpoenas or subpoenas duces tecum as provided in subsection 8.1 of this section must be received by the Board no later than ten (10) days before a scheduled hearing.  Any party requesting the issuance of subpoenas duces tecum shall see that they are properly served in accordance with WV Code §29A‑5‑1(b)

§29-3-9. Orders

9.1.  Any final order entered by the Board following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of WV Code §§29A‑5‑3 and 30‑1‑8.  Such orders shall be entered within forty‑five (45) days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

9.2.  The findings of fact and conclusions of law must be approved by a majority of the Board either by a poll or vote at a regular meeting, before a final order is entered.  A copy of the final order approved by a majority of the Board shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within ten (10) days after entry by the Board by personal service or by registered or certified mail.

§29-3-10. Appeal

10.1.  An appeal from any final order entered in accordance with these rules shall comply with the provisions of WV Code §§30‑1‑9 and 29A-6-1 et seq.


29CSR4
TITLE 29
PROCEDURAL RULE
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
SERIES 4
DISCIPLINARY AND COMPLAINT PROCEDURES FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

§29-4-1. General

1.1.  Scope.  --  This rule specifies a procedure for the investigation and resolution of complaints against speech-language pathologists, audiologists, provisional licensees and assistants.

1.2.  Authority.  --  WV Code §§30-32-1 et seq. and 30-1-1 et seq.

1.3.  Filing Date.  --  April 22, 2014.

1.4.  Effective Date.  --  July 1, 2014.

§29-4-2. Application

This rule applies to all licensed speech-language pathologists, audiologists, provisional licensees and speech-language pathology and audiology assistants.

§29-4-3. Definitions

The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:

3.1  “Applicant” means any person making application for an original or renewal license, a provisional license or registering as an assistant pursuant to WV Code §30-32-1 et seq.

3.2.  “Board” means the West Virginia Board of Speech-Language Pathology and Audiology (WVBESLPA).

3.3.  “License” means a license or provisional license issued by the Board pursuant to WV Code §30-32-1 et seq.

3.4.  “Speech-language pathologist and audiologist” means a person who practices speech-language pathology or audiology.  Speech-language pathologist, audiologist, provisional licensee and  assistant are defined in WV Code §30-32-4.

3.5.  “Ethics investigator” means a person licensed to practice speech-language pathology or audiology in this state, and who is hired by the Board for the purpose of reviewing complaints against speech-language pathologists, audiologists, provisional licensees or assistants.

§29-4-4. Causes for Denial, Probation, Limitation, Discipline, Suspension or Revocation of Licenses of Speech-Language Pathologist, Audiologist, Provisional Licensees and Assistants

The Board may deny an application for license, place a licensee on probation, limit or restrict a license, suspend a license or revoke any license issued by the Board, upon satisfactory proof that a licensee has been convicted of a felony or is, in his or her professional capacity, engaged in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of  WV Code §30-32-1 et seq. or the rules of the Board.

§29-4-5. Disposition of Complaints

5.1.  Any person, firm, corporation, member of the Board, or public officer may make a complaint to the Board which charges a speech-language pathologist, audiologist, provisional licensee or assistant with a violation of  WV Code §30-32-1 et seq. or of the rules of the Board.  The Board may provide a form for that purpose, but a complaint may be filed in any written form.  In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

5.1.1.  The name and address of the speech-language pathologist, audiologist, provisional licensee or assistant against whom the complaint is lodged;

5.1.2.  The date of care;

5.1.3.  The name of any person who may have treated the patient after the alleged incident; and,

5.1.4.  The name of any health care institution or health care provider in which the patient was an inpatient or outpatient after or during the alleged incident.

5.2.  A complaint against a speech-language pathologist, audiologist, provisional licensee or assistant shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of WV Code §30-32-1 et seq. or the rules of the Board.

5.3.  Complainants are immune from liability for the allegations contained in their complaints filed with the Board unless the complaint is filed in bad faith or for a malicious purpose.

5.4.  The Board shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition. 

5.5.  The Board shall maintain a separate file on each complaint received, and each file shall have a number assigned to it. 

5.6.  Upon receipt of a complaint, the Board shall issue one of the following acknowledgments to the complainant:

5.6.1.  That the matter will be reviewed by the Board;

5.6.2.  That the complaint is outside the jurisdiction of the Board, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,

5.6.3.  That more information will be required in order to adequately review the individual complaint. 

5.7.  The Board shall send a copy of the complaint, including any supporting documentation, by certified mail to the licensee, assistant or applicant in question for his or her written comment, and he or she shall submit a written response to the Board within thirty (30) days of the date of such correspondence, or waive the right to do so.

5.8.  Requests for comment on complaints sent to licensees, assistants or applicants shall be considered properly served when sent to their last known address.  It is the responsibility of the licensee, assistant or applicants to keep the Board informed of his or her current address. 

5.9.  Upon receipt of a licensees’ or applicants’ comments in response to a complaint, the Board shall promptly send a copy of the same, including any supporting documentation, to the complainant.

5.10.  After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 5.6.2 of this rule, the Board shall cause to be conducted any reasonable inquiry or investigation it considers necessary to determine the truth and the validity of the allegations set forth in the complaint.  The review of complaints and any view or investigation thereof may, at the discretion of the Board, be assigned to a committee of the Board. 

5.11.  At any point in its investigation of a complaint the Board may, at its discretion, assign the matter to an ethics investigator for review and investigation.

5.12.  Upon receipt of a complaint the ethics investigator shall, within sixty (60) days, review and investigate the same and provide the Board with a report.  The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the care provided, the records reviewed and a statement of the ethics investigator’s findings and recommendations.  The ethics investigator shall, upon request, be afforded an opportunity to have an investigation interview with the licensee, assistant or applicant in question or other involved parties, a report of which shall be placed in the investigation file.

5.13.  To facilitate the disposition of a complaint, the Board or the committee may request any person to attend an informal conference, or to appear at a regular meeting of the Board, at any time prior to the Board entering any order with respect to the complaint.  The Board or the committee shall give notice of the conference, which notice shall include a statement of issues to be informally discussed.  Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing.  No prejudice shall attach for failure to attend a conference pursuant to a request. 

5.14.  The Board members, Board president, Administrative Services Manager, the  investigating committee or chairperson may issue subpoenas and subpoenas duces tecum to complete the Board’s investigation and to determine the truth or validity of complaints.  The ethics investigator may request a subpoena or subpoena duces tecum be issued by the Board.  Any such request shall be accompanied by a brief statement specifying the necessity for the same.

5.15.  At any point in the course of an investigation or inquiry into a complaint, the Board may determine that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a speech pathologist, audiologist, provisional licensee or assistant may be sanctioned by the Board: Provided, that in the event the review and investigation of a complaint is assigned to the committee or an ethics investigator, the committee or ethics investigator shall make their respective findings and recommendations to the Board prior to the Board dismissing the complaint.

§29-4-6. Contested Case Hearings

6.1.  The Board may refuse to renew a license,  or may suspend a license if it determines there is probable cause to believe that the speech-language pathologist, audiologist, provisional licensee or assistant conduct, practices or acts constitute an immediate danger to the public.

§29-4-7. Appeals

7.1.  Any applicant who has had his or her application for a license denied by order of the Board may appeal the order within thirty (30) days of that action in accordance with the contested case hearing procedures set forth in WV Code §29A-6-1 et seq. and the rules of the Board:  Provided, that the appeal shall not include cases in which the Board denies a license or certificate after an examination to test the knowledge or the ability of the applicant where the controversy concerns whether the examination was fair or whether the applicant passed the examination. 


29CSR5
TITLE 29
LEGISLATIVE RULE
WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
SERIES 5
WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY CODE OF ETHICS

§29-5-1. General

1.1.  Scope.  --  This legislative rule establishes a Code of Ethics outlining principles essential for upholding the highest ethical standards essential to the practice of Speech-Language Pathology and Audiology.

1.2.  Authority.  --  W. Va. Code §30-32-7.

1.3.  Filing Date.  – April 22, 2014.

1.4.  Effective Date.  – July 1, 2014.

§29-5-2. Ethics Standards and Principles for Speech-Language Pathologists, Audiologists and Provisional Licensed by the Board and Speech-Language Pathology and Audiology Assistants registered by the Board.

2.1.  Any action that violates the spirit and purpose of this Code shall be considered unethical.  Failure to specify any particular responsibility or practice in this Code of Ethics shall not be construed as denial of the existence of such responsibilities or practices.

2.2.  The fundamentals of ethical conduct are described by Principles of Ethics and Rules of Ethics as they relate to responsibility to persons served, to the public, and to the professions of speech-language pathology and audiology.

2.3.  Principles of Ethics, aspirational and inspirational in nature, form the underlying moral basis for the Code of Ethics.  Individuals shall observe these principles as affirmative obligations under all conditions of professional activity.  Rules of Ethics are specific statements of minimally acceptable professional conduct or of prohibitions and are applicable to all individuals.

2.4.  Principle of Ethics I

2.4.a.  Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally.

2.4.b.  Rules of Ethics

2.4.b.1.  Individuals shall provide all services competently.

2.4.b.2.  Individuals shall use every resource, including referral when appropriate, to ensure that high-quality service is provided.

2.4.b.3.  Individuals shall not discriminate in the delivery of professional services on the basis of race ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

2.4.b.4.  Individuals shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed.

2.4.b.5.  Individuals shall evaluate the effectiveness of services rendered and of products dispensed and shall provide services or dispense products only when benefit can be reasonably expected.

2.4.b.6.  Individuals shall not guarantee the results of any treatment or procedure, directly or by implication; however, they may make a reasonable statement of prognosis.

2.4.b.7.  Individuals shall not evaluate or treat speech, language, or hearing disorders solely by correspondence.

2.4.b.8.  Individuals shall maintain adequate records of professional services rendered and products dispensed and shall allow access to these records when appropriately authorized.

2.4.b.9.  Individuals shall not reveal, without authorization, any professional or personal information about the person served professionally, unless required by law to do so, or unless doing so is necessary to protect the welfare of the person or of the community.

2.4.b.10.  Individuals shall not charge for services not rendered, nor shall they misrepresent, in any fashion, services rendered or products dispensed.

2.4.b.11.  Individuals shall use persons in research or as subjects of teaching demonstrations only with their informed consent.

2.4.b.12.  Individuals whose professional services are adversely affected by substance abuse or other health-related conditions shall seek professional assistance and, where appropriate, withdraw from the affected areas of practice.

2.5.  Principles of Ethics II

2.5.a.  Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.

2.5.b.  Rules of Ethics

2.5.b.1.  Individuals shall engage in the provision of clinical services only when they hold the appropriate license or when they are in the licensure process and are supervised by an individual who holds the appropriate license.

2.5.b.2.  Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.

2.5.b.3.  Individuals shall continue their professional development throughout their careers.

2.5.b.4.  Individuals shall delegate the provision of clinical services only to persons who are licensed or to persons in the education or licensure process who are appropriately supervised.  The provision of support services may be delegated to persons who are neither licensed nor in the licensure process only when a license holder provides appropriate supervision.

2.5.b.5.  Individuals shall prohibit any of their professional staff from providing services that exceed the staff member’s competence, considering the staff member’s level of education, training, and experience.

2.5.b.6.  Individuals shall ensure that all equipment used in the provision of services is in proper working order and is properly calibrated.

2.6.  Principle of Ethics III

Individuals shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions.

2.6.a.  Rules of Ethics

2.6.a.1.  Individuals shall not misrepresent their credentials, competence, education, training, or experience.

2.6.a.2.  Individuals shall not participate in professional activities that constitute a conflict of interest.

2.6.a.3.  Individuals shall not misrepresent diagnostic information, services rendered, or products dispensed or engage in any scheme or artifice to defraud in connection with obtaining payment or reimbursement for such services or products.

2.6.a.4.  Individuals’ statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, and about professional services.

2.6.a.5.  Individuals’ statements to the public -- advertising, announcing, and marketing their professional services, reporting research results, and promoting products -- shall adhere to prevailing professional standards and shall not contain misrepresentations.

2.7.  Principle of Ethics IV

2.7.a.  Individuals shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions.  Individuals shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions’ self-imposed standards.

2.7.b.  Rules of Ethics

2.7.b.1.  Individuals shall prohibit anyone under their supervision from engaging in any practice that violates the Code of Ethics.

2.7.b.2.  Individuals shall not engage in dishonesty, fraud, deceit, misrepresentation, or any form of conduct that adversely reflects on the professions or on the individual’s fitness to serve persons professionally.

2.7.b.3.  Individuals shall assign credit to only those individuals who have contributed to a publication, presentation, or product.  Credit shall be assigned in proportion to the contribution and only with the contributor’s consent.

2.7.6.4.  Individualss statements to colleagues about professional services, research results, and products shall adhere to prevailing professional standards and shall contain no misrepresentations.

2.7.b.5.  Individuals shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.

2.7.b.6.  Individuals shall not discriminate in their relationships with colleagues, students, and members of allied professions on the basis of race or ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

2.7.b.7.  Individuals who have reason to believe that the Code of Ethics has been violated shall inform the West Virginia Board of Examiners.

2.7.b.8.  Individuals shall cooperate fully with the West Virginia Board of Examiners in its investigation and adjudication of matters related to this Code of Ethics.