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Montana Administrative Register Notice 24-222-26 No. 16   08/18/2017    
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BEFORE THE BOARD OF SPEECH-LANGUAGE

PATHOLOGISTS AND AUDIOLOGISTS 

DEPARTMENT OF LABOR AND INDUSTRY

STATE OF MONTANA

 

In the matter of the amendment of ARM 24.222.502 speech-language pathologist and audiologist licenses, 24.222.504 military training or experience, 24.222.506 licensure of out-of-state applicants, 24.222.510 examinations, 24.222.916 establishing the practitioner-patient relationship, 24.222.920 competence – practice limits – maintenance and retention of records, 24.222.2102 continuing education – speech-language pathologists and audiologists; the adoption of New Rule I nonroutine applications; and the repeal of ARM 24.222.404 board standards and policy, 24.222.501 applications for license, 24.222.503 qualifications for active temporary license, 24.222.507 temporary practice permits, 24.222.2101 policy, 24.222.2103 continuing education definitions, 24.222.2115 renewals, and 24.222.2401 complaint procedure

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NOTICE OF AMENDMENT, ADOPTION, AND REPEAL

 

TO: All Concerned Persons

 

            1. On May 26, 2017, the Board of Speech-Language Pathologists and Audiologists (board) published MAR Notice No. 24-222-26 regarding the public hearing on the proposed amendment, adoption, and repeal of the above-stated rules, at page 628 of the 2017 Montana Administrative Register, Issue No. 10.

 

            2. On June 20, 2017, a public hearing was held on the proposed amendment, adoption, and repeal of the above-stated rules in Helena. Several comments were received by the June 23, 2017, deadline.

 

            3. The board has thoroughly considered the comments received. A summary of the comments and the board responses are as follows:

 

COMMENT 1: Two commenters expressed general support for the proposed rule changes.

 

RESPONSE 1: The board appreciates all comments received during the rulemaking process.

 

COMMENT 2: Multiple commenters asked the board to further amend ARM 24.222.502(4) to require that audiologist license applicants complete a supervised clinical practicum from an educational institution or its cooperating program as a part of the degree program.

 

RESPONSE 2: Because a doctoral degree is required for audiologist licensure, and doctoral programs include a year of supervised clinical practicum, the board concluded that it is unnecessary to specify the requirement separately. The board is amending ARM 24.222.502 exactly as proposed.

 

COMMENT 3: Several commenters supported the amendments to ARM 24.222.916 that allow practitioner-patient relationships via telepractice to commence without an initial in-person evaluation.

 

RESPONSE 3: The board appreciates all comments received during the rulemaking process.

 

COMMENT 4: Several commenters supported the amendments to ARM 24.222.920 that remove the requirement of four hours of board-approved training prior to engaging in telepractice.

 

RESPONSE 4: The board appreciates all comments received during the rulemaking process.

 

COMMENT 5: Citing national association CE trends, multiple commenters suggested the board require 20 to 30 continuing education (CE) hours for speech-language pathologists and audiologists instead of the ten proposed in ARM 24.222.2102(2).

 

RESPONSE 5: The board concluded that requiring 10-15 hours annually will more accurately reflect current CE trends among licensure boards while ensuring competent practitioners and not unduly burdening licensees, and is amending the rule exactly as proposed.

 

COMMENT 6: One commenter suggested the board consider adopting rules to allow licensed speech-language pathologists to "telesupervise" aides or assistants who are registered under that licensee.

 

RESPONSE 6: The board is currently exploring telesupervision of aides and assistants in a separate rulemaking project.

 

COMMENT 7: Multiple commenters suggested the board require that speech-language pathology assistants be licensed.

 

RESPONSE 7: The board notes that this suggestion is outside the scope of its rulemaking authority, as licensure types must originate in statute.

 

            4. The board has amended ARM 24.222.502, 24.222.504, 24.222.506, 24.222.510, 24.222.916, 24.222.920, and 24.222.2102 exactly as proposed.

 

            5. The board has adopted NEW RULE I (ARM 24.222.405) exactly as proposed.

 

            6. The board has repealed ARM 24.222.404, 24.222.501, 24.222.503, 24.222.507, 24.222.2101, 24.222.2103, 24.222.2115, and 24.222.2401 exactly as proposed.

 

 

BOARD OF SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS

LUCY HART PAULSON, Ed.D., CCC-SLP

CHAIRPERSON

 

 

/s/ DARCEE L. MOE

Darcee L. Moe

Rule Reviewer

/s/ PAM BUCY

Pam Bucy, Commissioner

DEPARTMENT OF LABOR AND INDUSTRY

 

            Certified to the Secretary of State August 7, 2017.

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