2484381 To establish continuing education requirements for the profession of speech-language pathology

DEPARTMENT OF HEALTH

 

NOTICE OF SECOND PROPOSED RULEMAKING

 

The Director of the Department of Health, pursuant to the authority set forth in section 302(14) of the District of Columbia Health Occupations Revision Act of 1985 (Act), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1203.02(14) (2007 Repl.)), the Audiology and Speech-Language Pathology Amendment Act of 2006, effective March 6, 2007 (D.C. Law 16-219; D.C. Official Code § 3-1208.41 (2007 Repl.)), and Mayor’s Order 98-140, dated August 20, 1998, hereby gives notice of the intent to adopt the following amendments to chapter 79 (Speech-Language Pathology)  of title 17 (Business, Occupations, and Professions) of the District of Columbia Municipal Regulations (DCMR).

 

This rulemaking will establish continuing education requirements for the profession of speech-language pathology.

 

These rules were previously published in the D.C. Register as proposed rulemaking on September 16, 2011, at 58 DCR 8074.  Written comments were received from the American Speech-Language Hearing Association in connection with this publication during the 30-day comment period.  The comments suggested language revisions to clarify the criteria for approved continuing education as well as credits allowed for approved activities.  None of the suggested revisions were substantive.  Based upon the review of the comments and further consideration by the Board of Audiology and Speech-Language Pathology, additional changes have been made to the proposed rulemaking.  Therefore the rulemaking is being republished for an additional comment period. 

 

Chapter 79, SPEECH-LANGUAGE PATHOLOGY, of title 17, BUSINESS, OCCUPATIONS, AND PROFESSIONS, of the DCMR is amended as follows:

 

Section 7906 is amended as follows:

 

7906                CONTINUING EDUCATION REQUIREMENTS

 

7906.1             This section shall apply to renewal, reactivation, or reinstatement of a license.

 

7906.2             This section shall not apply to applicants for an initial license by examination, reciprocity, or endorsement, nor shall it apply to applicants for the first renewal of a license granted by examination.

 

7906.3             An applicant for renewal of a license shall submit proof of having completed twenty (20) hours of approved continuing education hours during the two (2) year period preceding the date the license expires, including one (1) hour of ethics.  The hours must be related to speech-language pathology.

 

7906.4             An applicant for reinstatement of a license shall submit proof of having completed ten (10) hours of continuing education for each year, provided that: 

 

(a)                If an applicant whose license has expired does not apply for reinstatement of a license within five (5) years of the date that the applicant’s license expires, the applicant shall meet the requirements for obtaining an initial license, and

 

(b)        In order to reinstate a license, an applicant for licensure must have met all continuing education requirements for the licensure period immediately prior to the expiration of the license in addition to ten (10) hours for each year the applicant was unlicensed.

 

7906.5             An applicant for reactivation of a license shall submit proof of having completed twenty (20) hours of continuing education per renewal.

 

7906.6                         A license is not valid until it is renewed or reinstated.

 

7906.7                         A holder of an expired or sanctioned license under this chapter shall not be granted a new license unless the matters concerning the expired or sanctioned license have been resolved to the Board’s satisfaction.  He or she shall only be eligible to apply for renewal or reinstatement of the sanctioned or expired license by meeting any   legal and regulatory requirements applicable to the expired license in addition to the requirements set forth in any applicable order of the Board.

 

7906.8             The Board shall periodically conduct a random audit of at least ten percent (10%) of its active licensees to determine continuing education compliance. Any licensee selected for the audit shall return the completed continuing education compliance audit form and all supporting documentation to the Board within thirty (30) days of receiving notification of the audit. Failure to comply with the continuing education requirements may subject the licensee to disciplinary action by the Board.

 

Section 7907 is repealed and replaced with:

 

7907                CONTINUING EDUCATION PROGRAMS AND ACTIVITIES

 

7907.1             A continuing education hour shall be valid only if it is part of a program or activity approved by the Board.

 

7907.2             The Board may approve a continuing education program if it meets the following criteria:

 

(a)                It is current in its subject matter;

 

(b)               It has been developed and will be taught by qualified individuals; and

 

(c)                The program provider submits for the Board’s review, no less than thirty (30) days prior to the date of the presentation, the following documentation:

 

(1)                A copy of the official program or syllabus;

 

(2)               The presentation title;

 

(3)               The date of the presentation;

 

(4)               The contact hours or credits awarded for the presentation; and

 

(5)               The type of audience for which the program is intended.

 

7907.3             The Board shall accept for credit, programs or activities conducted by the following organizations (provided that the applicant submits verification of attendance):

(a)        The Speech-Language Hearing Association of the District of Columbia or similar speech-language hearing association of another state;

 

(b)        The American Academy of Audiology;

 

(c)        The American Speech-Language Hearing Association (ASHA) and

            its approved continuing education providers;

 

(d)       An accredited provider of The Accreditation Council on

            Continuing Medical Education of the American Medical

            Association offering Category I continuing medical education;

 

(e)        The International Association of Continuing Education and Training (IACET) and its authorized providers; or

 

(f)        A health care organization accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO).

 

7907.4                         The Board may accept for credit the following activities:

 

(a)        A course given at an accredited college or university;

 

(b)        A seminar or workshop;

 

(c)        An educational program given at a conference;

 

(d)        In-service training;

 

(e)        Serving as a presenter or speaker at a conference, seminar, workshop, or in- service training; or

 

(f)        Publishing an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal related to audiology or speech-language pathology.

 

7907.5             The Board may, in its discretion, approve additional continuing education programs and activities that contribute to the growth of an applicant in professional competence in the practice of audiology or speech-language pathology and which meet the other requirements of this section.

 

7907.6             The Board shall not grant credit for work done in the course of an applicant’s normal occupation or incident to the performance of his or her regular duties, such as teaching courses, research, or course preparation in the case of a teacher or professor.

 

7907.7             An applicant shall have the burden of verifying whether a program is approved by the Board.

 

7907.8             An applicant shall prove completion of required continuing education hours by submitting upon request the following information with respect to each program:

 

(a)        The name and address of the provider of the program;

 

(b)        The name of the program, its location, a description of the subject matter covered, and the names of the instructors;

 

(c)        The dates on which the applicant attended the program;

 

(d)        The hours of credit claimed; and

 

(e)        Verification by the course provider or accreditor of completion, by signature, stamp, or official transcript in the case of accreditors.

 

Section 7908 is amended as follows:

 

7908                CONTINUING EDUCATION CREDITS

 

7908.1             For the purposes of this chapter, one (1) credit hour shall mean sixty (60) minutes of learning time.

 

7908.2                         The Board may grant credit for Board-approved activities as specified below:   

 

(a)        The Board shall grant credit for a course given at an accredited college or university provided that:

 

(1)        Each three (3) hour academic course constitutes thirty (30) hours of continuing education; and

 

(2)        For approved three (3) hour academic courses that are audited, two (2) continuing education hours of continuing education hour shall be granted. 

 

(b)        The Board may grant a maximum of six (6) continuing education hours per renewal period to an applicant who attends a pre-approved in-service education program.

 

7908.3             The Board may grant credit for serving as a presenter or speaker at a conference, seminar, workshop, or in- service training, or electronic or web-based course subject to the following restrictions:

 

(a)        Hours granted pursuant to this section shall not exceed six (6) hours per renewal period;

 

(b)        If an applicant has previously received credit in connection with a particular presentation, the Board shall not grant credit for a subsequent presentation unless it involves either a different subject or substantial additional research concerning the same subject;

 

(c)        The presentation was completed during the period for which credit is claimed; and

 

(d)        The maximum amount of credit which may be granted for preparation time is twice the amount of the associated presentation time or twice the amount of contact hours awarded for participants.

 

7908.4             The Board may grant credit to an applicant for publication of an article in a professional journal or publication of a book or a chapter in a book or publication of a book review in a professional journal  related to audiology or speech-language pathology, subject to the following:

 

(a)        The Board may grant an applicant who is an author or sole editor of a published book eight (8) hours of continuing education credit per renewal period, if the book was published or accepted for publication during the period for which credit is claimed and the applicant submits proof of this fact in the application;

 

(b)        The Board may grant an applicant who is the sole author or co-author of a peer-reviewed published original paper four (4) hours of continuing education per renewal period; and  

 

(c)        The Board may grant an applicant who is sole author of a published book review one (1) continuing education hour of credit per renewal period.

 

Section 7909 is repealed and replaced with:

 

7909                [RESERVED]

 

All persons desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty days after the date of publication of this notice in the D.C. Register.  Comments should be sent to the Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5^th Floor, Washington, D.C. 20002.  Copies of the proposed rule may be obtained from the Department at the same address during the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays, at the address listed above, or by contacting Angli Black, Administrative Assistant, at [e-mail], [phone].