BOARD OF EXAMINERS FOR SPEECH-LANGUAGE
PATHOLOGY AND AUDIOLOGY
RULE GOVERNING SPEECH-LANGUAGE
PATHOLOGY AND AUDIOLOGY ASSISTANTS
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. -- W. Va. Code '30-32-10.
1.3. Filing Date. -- June 9, 2005.
1.4. Effective Date. -- June 9, 2005.
2.1. Credentialing: Mechanism for formal recognition. May take different forms such as recognition, registration, or credentialing.
2.2. Direct supervision: Direct supervision means on-site, in-view observation and guidance by a speech language pathologist while an assigned activity is performed by support personnel.
2.3. Indirect supervision: Indirect supervision means those activities other than direct observation and guidance conducted by a speech-language pathologist that may include demonstration, record review, review and evaluation of audio- or videotaped sessions, and/or interactive television.
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. 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.
2.6. 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.
3.1. The speech-language pathology or audiology assistant shall possess a minimum of an associate’s degree or a bachelor’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 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 direct supervision of the first ten (10) hours of direct client contact for the audiology assistant, with direct supervision of a minimum of 10% of all subsequent client contact;
(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 diagnosis, 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 patient/client services provided or omitted.
(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) Provide and document appropriate supervision of the assistants.
(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 experience 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 and/or Audiology Assistant.
5.1. The speech-language pathology and 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) An assistant may:
(1) Assist the speech-language pathology or Audiology supervisor with screenings (without interpretation)
(2) Follow documented treatment plans or protocols developed by the supervising speech-language pathologists or audiologists.
(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.
§29.2.6 Tasks outside the scope of responsibility of an 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. Perform tasks at any time when a supervisor cannot be reached by personal contact, phone, pager, or other immediate means.
§29.2.7 Registration and Renewal of Assistants.
7.1. 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.
7.2. 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. Assistants should refer to Appendix Four, 29.1.11 of this rule for information on continuing education. 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.
7.3. An assistant may not continue working after his or her registration has expired. Any continuation constitutes a violation of the W.Va. Code 30.32.3.
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
CONTESTED CASE HEARING PROCEDURE
1.1. Scope. -‑ This rule specifies the procedure for the adjudication of contested case hearings before the Board.
1.2. Authority. -- W. Va. Code ''30-32-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- January 19, 2001.
1.4. Effective Date. -- March 1, 2001.
1.5. Repeal and Replace -- This rule repeals and replaces 29CSR3, Contested Case Hearing Procedure, affective August 16, 1993.
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.
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. The term ACharged 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. ALicense@ means a license or provisional license issued by the Board pursuant to W. Va. Code '30-32-1 et seq.
2.5. The term "Licensee" means an individual who holds a license to practice speech-language pathology or audiology issued by the Board.
2.6. APractice of speech-language pathology and audiology@ means the practice of speech-language pathology and audiology as defined in W. Va. Code '30-32-2 and includes speech-language pathologist, audiologist 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 W. Va. 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, he or she shall schedule a hearing within forty‑five (45) days of receipt by him or her 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 W. Va. Code '30-32-10 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 AComplaint", and shall designate the licensee involved in the proceeding as the ARespondent"; 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 ARespondent"; 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 and, 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 his wife or her husband, or 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 neither his wife or her husband nor any such person can 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 by 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 Board's 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.
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.
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 W. Va. 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 W. Va. Code '29A‑5‑1(b)
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 W. Va. Code ''29A‑5‑3 and 30‑1‑8(d). 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.
10.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code ''30‑1‑9 and 29A-6-1 et seq.
BOARD OF SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
DISCIPLINARY AND COMPLAINT PROCEDURES FOR
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
1.1. Scope. -- This rule specifies a procedure for the investigation and resolution of complaints against speech-language pathologist, audiologist, provisional licensees and assistants.
1.2. Authority. -- W. Va. Code ''30-32-1 et seq. and 30-1-1 et seq.
1.3. Filing Date. -- January 19,2001.
1.4. Effective Date. -- March 1, 2001.
This rule applies to all licensed speech-language pathologist, audiologist, assistants and provisionally licensed.
The following words and phrases as used in this rule have the following meanings, unless the context otherwise requires:
3.1 AApplicant@ means any person making application for an original or renewal license, a provisional license or registering as as assistant pursuant to W. Va. Code '30-32-1 et seq.
3.2. ABoard@ means the West Virginia Board of Speech-Language Pathology and Audiology.
3.3. ALicense@ means a license or provisional license issued by the Board pursuant to W. Va. Code '30-32-1 et seq.
3.4. ASpeech-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 W. Va. Code '30-32-2.
3.5. AEthics 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 pathologist, audiologist, 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 W. Va. 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, assistant, or provisional licensee with a violation of W. Va. 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 W. Va. 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 licensee=s or applicant=s 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, its president, 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 the Board or its president to issue a subpoena or subpoena duces tecum . 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.
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 W. Va. 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.
WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY
WEST VIRGINIA BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY CODE OF ETHICS
1.1. Scope. -- This legislative rule establishes the qualifications necessary to obtain licensure as a Speech-Language Pathologist or Audiologist in the State of West Virginia. It also established the prerequisites for waiving requirements, provisional licensure, professional licensure renewal, reinstatement of expired licenses, and standards of conduct.
1.2. Authority. -- W. Va. Code §30-32-10.
1.3. Filing Date. -- March 27, 2008.
1.4. Effective Date. -- April 1, 2008.
The preservation of the highest standards of integrity and ethical principles is vital to the responsible discharge of obligations in the professions of Speech-Language Pathology and Audiology. This code of Ethics sets forth the fundamental principles and rules considered essential to this purpose. Every individual who is licensed by this Board as a Professional, Provisional or a Speech or Audiology Assistant.
§29-5-2. Licensed by this Board as a Professional, Provisional or a Speech or Audiology Assistant.
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.
18.104.22.168. Individual’s 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.