Administrative Rule Review Report  #AR09-020

Legislative Service Office

16-Apr-09

AGENCY: Board of Speech Pathology and Audiology.

DATE SUBMITTED: April 14, 2009.

SUBJECT: Chapters 1 through 10, Speech Pathology and Audiology.

NATURE OF RULES:                      Procedural and legislative.

STATUTORY AUTHORITY:          W.S. 33-33-202(b)

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments were received.  The agency received no comments on the proposed rules during the comment period.

SUMMARY OF RULES:

The Board of Speech Pathology and Audiology has amended its rules and adopted new rules to update, clarify and conform to legislative changes made to W.S. 33-33-101 through 33-33-309 in 2008 Session Laws, Chapter 65.  Chapter numbers have been changed to roman numerals.  The new rules amend the process for submitting renewal applications and specify who must apply for provisional licenses.  The new rules specify the qualification standards for licensing by adding new standards and deleting old standards, modify the standards for speech-language pathology assistant training and amend the rules to allow speech-language pathology assistants to discuss confidential information or test results.  The rules modify the criteria for audiometric technician training and specify the types of professional supervision required.  The rules also direct the type of client observations required, make first year licensees subject to continuing education requirements, adjust the payment of fees, modify license expiration times and clarify the type of conduct which is considered unprofessional.  The new rules adjust the provisions related to complaint practice and procedure by adopting a new provision regarding a licensee's opportunities to show compliance and by modifying the service of notice and formal complaints.  The new rules allow the Board to provide copies of hearing transcripts to a district court, the costs of which must be paid by the appealing party.

FINDINGS:  Except as noted below, the rules appear to be within the scope of statutory authority and legislative intent.

The new rules revise Chapter 4, Qualifications, to mandate that "the qualifications for licensure shall be certification by the Council on Professional Standards of A.S.H.A. or by A.B.A."  The rules define the term A.S.H.A.  Neither the old rules nor the new rules define the term A.B.A. and the context of the rules do not indicate what "A.B.A." means.  As a result, the qualification standards are ambiguous and undefined and, consequently, are not within the statutory authority of the Board.  

STAFF RECOMMENDATION:  With regard to the amendments to Chapter 4, that the Council recommend that the Governor not approve the amendments and direct the Board to define the term "A.B.A."    LSO believes that this change is substantive and will require the rules to be repromulgated.   In the alternative, LSO would note that the Governor could exercise his line-item veto power to veto the "A.B.A." references.  After such veto, the Board could properly adopt the A.B.A. standards in newly promulgated rules.

_______________________

Ian Shaw

Staff Attorney

_______________________

Lynda G. Cook

Staff Attorney

IDS/