Spe 100-500

BOARD OF SPEECH-LANGUAGE PATHOLOGISTS

2 Industrial Park Drive

Concord, New Hampshire 03301

CHAPTER Spe 100 ORGANIZATIONAL RULES

Statutory Authority: RSA 541-A:16, I(a)

Document #12987, effective 2-6-20, adopted, readopted, readopted with amendment, or repealed all of the rules in Chapter Spe 100. Specifically, Spe 101, Spe 102.01 through Spe 102.03, Spe 102.05, Spe 102.06, and Spe 103.01 through Spe 103.05 were readopted. Spe 102.04 was readopted with amendment. Spe 103.06 titled “Notice of Meetings”, Spe 103.07 titled “Minutes of Board Meetings”, and Spe 104 titled “Public Information” were repealed. A new Spe 103.06 titled “Other Organizational Rules” was adopted.

Document #12987 replaced all prior filings for rules in the former Chapter Spe 100. The prior filings affecting the former Chapter Spe 100 included the following documents:

Document #5784, eff 2-4-94. EXPIRED 2-4-00

Document #8537, eff 1-11-06

Document #9705, eff 5-8-10.

The prior filings affecting each effective rule in Spe 100 are indicated in the source notes for each rule.

As organizational rules the rules in Spe 100 will not expire except pursuant to RSA 541-A:17, II.

PART Spe 101 PURPOSE AND SCOPE

Spe 101.01 Purpose. These rules implement the statutory responsibilities pursuant to RSA 326-F of the governing board of speech-language pathologists and hearing care providers.

Source. #5784, eff 2-4-94, EXPIRED: 2-4-00

New. #8537, eff 1-11-06; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100); ss by #13517, eff 3-13-23

Spe 101.02 Scope. Pursuant to RSA 326-F:2, I, these rules shall not apply to speech-language specialists certified under rules adopted by the board of education under the authority of RSA 21-N:9, II(s) unless such specialists are also licensed pursuant to RSA 326-F.

Source. #8537, eff 1-11-06; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100)

PART Spe 102 DEFINITIONS

Spe 102.01 "Audiologist" means “audiologist” as defined in RSA 326-F:1, I namely, “any person who renders or offers to render to the public any service involving the application of principles, methods, and procedures for the measurement of testing, identification, appraisal, consultation, counseling, instruction, and research related to the development and disorders of hearing and vestibular function for the purpose of diagnosing, designing, and implementing programs for the amelioration of such disorders and conditions.”

Source. #13517, eff 3-13-23

Spe 102.02 "Audiology" means “audiology” as defined in RSA 326-F:1, II namely, “the application of principles, methods, and procedures related to the development and disorders of human communication, which disorders shall include any and all conditions whether of organic or nonorganic origin, that impede the normal processes of human communication and balance including, but not limited to, disorders of hearing, vestibular function, and central auditory processing.”

Source. #13517, eff 3-13-23

Spe 102.03 "Board" means "board" as defined in RSA 326-F:1, I, namely, "the governing board of speech-language pathologists and hearing care providers established in RSA 328-F."

Source. #5784, eff 2-4-94, EXPIRED: 2-4-00

New. #8537, eff 1-11-06; ss by #9705, eff 5-8-10; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100) (formerly Spe 102.01)

Spe 102.04 "Board of directors" means "board of directors" as defined in RSA 328-F:2, I, namely, "the chairpersons or their appointees of all the governing boards which shall be responsible for the administrative operation of the office of licensed allied health professionals."

Source. #8537, eff 1-11-06; ss by #9705, eff 5-8-10; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100) (formerly Spe 102.02)

Spe 102.05 "Hearing aid" means “hearing aid” as defined in RSA 326-F:1, IV namely, “any wearable instrument or device designed for or offered for the purpose of or represented as aiding or compensating for impaired human hearing and any parts or attachments, including ear molds, but excluding batteries and cords or accessories thereto, or equipment, devices, and attachments used in conjunction with services provided by a public utility company.”

Source. #13517, eff 3-13-23

Spe 102.06 "Hearing aid dealer" means “hearing aid dealer” as defined in RSA 326-F:1, V namely, “any person engaged in the testing of human hearing for the purpose of selecting, fitting, or otherwise dealing in hearing aids.”

Source. #13517, eff 3-13-23

Spe 102.07 "Office of licensed allied health professionals" means "office of licensed allied health professionals" as defined in RSA 328-F:2, IV, namely, "an agency of multiple governing boards in professions of the allied health field."

Source. #8537, eff 1-11-06; ss by #9705, eff 5-8-10; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100); renumbered by #13517 (formerly Spe 102.03)

Spe 102.08 "Otolaryngologist" means “otolaryngologist” as defined in RSA 326-F:1, VI namely, “a physician licensed in the state of New Hampshire who specializes in medical problems of the ear, nose, and throat, and is eligible for qualification by the American Board of Otolaryngology as an otolaryngologist.”

Source. #13517, eff 3-13-23

Spe 102.09 "Speech-language assistant" means “speech-language assistant” as defined in RSA 326-F:1, II-a, namely, “any person certified by the governing board of speech-language pathologists who meets minimum qualifications which are less than those necessary for licensing as a speech-language pathologist and who does not act independently but works under the direction and supervision of a speech-language pathologist licensed by the board.”

Source. #8537, eff 1-11-06; ss by #9705, eff 5-8-10; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100); renumbered by #13517 (formerly Spe 102.04)

Spe 102.10 "Speech-language pathologist" means "speech-language pathologist" as defined in RSA 326-F:1, III, namely, "any person who renders or offers to render to the public any service involving the application of principles, methods and procedures for the measurement or testing, identification, appraisal, consultation, counseling, instruction and research related to the development and disorders of speech, voice or language for the purpose of diagnosing, designing, and implementing programs for the amelioration of such disorders and conditions."

Source. #8537, eff 1-11-06; ss by #9705, eff 5-8-10 (from Spe 102.04); ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100); renumbered by #13517 (formerly Spe 102.05)

Spe 102.11 "Speech-language pathology" means "speech-language pathology" as defined in RSA 326-F:1, IV, namely, "the application of principles, methods and procedures related to the development and disorders of human communication, which disorders shall include any and all conditions whether of organic or nonorganic origin, that impede the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition, communication, swallowing, and oral, pharyngeal or laryngeal sensorimotor competencies."

Source. #9705, eff 5-08-10 (from Spe 102.05); ss by #12987, eff 2-6-20I; renumbered by #13517 (formerly Spe 102.06)

PART Spe 103 DESCRIPTION OF THE BOARD AND BOARD MEETINGS

Spe 103.01 Composition of the Board. The board consists of 6 members and 4 alternate members appointed as specified in RSA 328-F:4.

Source. #9705, eff 5-08-10 (from Spe 102.05); ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100); ss by #13517, eff 3-13-23

Spe 103.02 Relationship of the Board to the Office of Licensed Allied Health Professionals. Pursuant to RSA 328-F:3, II, the chairperson of the board or the appointee of the chairperson is a member of the board of directors of the office of licensed allied health professionals.

Source. #9705, eff 5-08-10 (from Spe 102.05); ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100)

Spe 103.03 Responsibilities of the Board. The board's responsibilities include, among other responsibilities:

(a) Fully and conditionally licensing speech-language pathologists and hearing care providers;

(b) Provisionally licensing people to practice speech-language pathology and regulating their practice;

(d) Issuing initial, renewed and reinstated certificates to speech-language assistants;

(e) Regulating the profession of speech-language pathology and hearing care; and

(f) Investigating complaints of misconduct by licensees and certificate holders and taking appropriate disciplinary action.

Source. #8537, eff 1-11-06; ss by #9705, eff 5-8-10; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100); ss by #13517, eff 3-13-23

Spe 103.04 Board Meetings and Quorum.

(a) Pursuant to RSA 328-F:8, the board meets monthly or more often as its business requires.

(b) A majority of the board constitutes a quorum.

Source. #8537, eff 1-11-06; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100)

Spe 103.05 Attendance at Meetings By Members of the Public. Pursuant to RSA 91-A:2, II, members of the public may attend and record board meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3.

Source. #8537, eff 1-11-06; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100)

Spe 103.06 Other Organizational Rules. The board is part of the office of licensed allied health professionals. Information such as the board’s office location, address, and telephone number may be found at Ahp 104. Information regarding the public’s access to minutes and other board records may be found at Ahp 103.05 and Ahp 104.03.

Source. #8537, eff 1-11-06; ss by #12987, eff 2-6-20 (See Revision Note at chapter heading for Spe 100)

CHAPTER Spe 200 RULES OF PRACTICE AND PROCEDURE

Statutory Authority: RSA 541-A:16, I(b)(2) and (3); RSA 541-A:16, I(c) and (d)

REVISION NOTE #1:

Document #12987, effective 2-6-20, repealed all of the former rules in Chapter Spe 200 and adopted a new rule Spe 201 titled “Applicability of Ahp 200” containing Spe 201.01 titled “Rules of Practice and Procedure.”

Document #12987 replaced all prior filings for the former Chapter Spe 200. The prior filings affecting the former Chapter Spe 200 included the following documents:

#5784, eff 2-4-94, EXPIRED 2-4-00

#8538, eff 1-11-06

#8539, eff 1-11-06, EXPIRED 1-11-14 (in Spe 202 and 217)

#9706, eff 5-8-10

#9707, eff 5-8-10, EXPIRED 5-8-18 (in Spe 213 and 218)

#10308, eff 4-10-13

As practice and procedure rules, the rules in Chapter Spe 200 in Document #12987 would not have expired except pursuant to RSA 541-A:17, II.

REVISION NOTE #2:

Pursuant to 2021, 91:168, 171, and 178, effective 7-1-21, the Governing Board of Speech-Language Pathologists was re-named the “Governing Board of Speech-Language Pathologists and Hearing Care Providers”, as defined in RSA 326-F:1, III, although in RSA 328-F:4, VIII and RSA 328-F:11, III it also called the “Speech-Language Pathology and Hearing Care Provider Governing Board.”

Pursuant to 2021, 91:185, effective 7-1-21, the Board of Hearing Care Providers was abolished by the repeal of RSA 137-F, and effectively merged with the Governing Board of Speech-Language Pathologists and Hearing Care Providers pursuant to 2021, 166-186, effective 7-1-21. Pursuant to 2021, 91:186, “[t]he rules adopted for hearing care providers under the former RSA 137-F in effect on the effective date of this act shall, to the extent practicable, continue and be effective and apply to hearing care providers until they expire or are amended or repealed.” Chapter Hcp 200 titled “Practice and Procedure” of the former Board of Hearing Care Providers was repealed by Document #13871, effective 2-15-24.

Document #13870, effective 2-15-24, repealed Spe 201, titled “Applicability of Ahp 200”, in Chapter Spe 200 titled “Procedural Rules” and renamed the chapter as “Rules of Practice and Procedure”. Document #13870 also adopted a new Part Spe 201 titled “Applicability and Waiver of Substantive Rules”, containing Spe 201.01 titled “Rules of Practice and Procedure” and Spe 201.02 titled “Waiver of Administrative Rules.”

Document #13870 replaced the prior filing in Document #12987 affecting the rules in the former Chapter Spe 200. As practice and procedure rules, the rules in Chapter Spe 200 in Document #13870 will not expire except pursuant to RSA 541-A:17, II.

As practice and procedure rules, the rules in Chapter Spe 200 in Document #12987 will not expire except pursuant to RSA 541-A:17, II.

PART Spe 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Spe 201.01 Rules of Practice and Procedure. The Plc 200 rules shall govern with regards to all procedures for:

(a) Adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and dispositions of rulemaking petitions;

(d) Declaratory rulings;

(e) All statements of policy and interpretation;

(f) Explanation of adopted rules; and

(g) Voluntary surrender of licenses.

Source. (See Revision Note #1 at chapter heading for Spe 200) #12987, eff 2-6-20; ss by #13870, eff 2-15-24 (see Revision Note #2 at chapter heading for Spe 200)

Spe 201.02 Waiver of Administrative Rules.

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 326-F;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

Source. (See Revision Note #1 at chapter heading for Spe 200) #12987, eff 2-6-20; ss by #13870, eff 2-15-24 (see Revision Note #2 at chapter heading for Spe 200)

CHAPTER Spe 300 REQUIREMENTS FOR INITIAL LICENSURE

REVISION NOTE:

Document #9124, effective 4-5-08, repealed the former Chapter Spe 300 entitled “Requirements for Licensure.” Document #9125, also effective 4-5-08, adopted a new Chapter Spe 300 entitled “Requirements for Initial Licensure”, which had extensive changes from the wording, format, and numbering of rules in the former Chapter Spe 300 repealed by Document #9124.

Document #9125 supersedes all prior filings for the former Chapter Spe 300. The filings affecting the former Chapter Spe 300 include the following documents:

#5784, eff 2-4-94, EXPIRED 2-4-00

#8540, eff 1-11-06

PART Spe 301 DEFINITIONS

Spe 301.01 "Active in the profession" means:

(a) Having been professionally engaged, on a paid or unpaid basis at least 432 hours in another jurisdiction during the 36 months immediately prior to submitting an application for licensure in New Hampshire; and

(b) Having been so engaged in any one or more of the following capacities:

(1) Delivering speech-language pathology services directly to clients, including doing so during the post-graduate professional experience referred to in RSA 326-F:4, I.;

(2) As an educator in speech-language;

(3) As an administrator in speech-language, speech-language pathology, occupational therapy, physical therapy, rehabilitation services or special education;

(4) Contributing expertise in speech-language to a speech-language pathology board or committee; and

(5) As a speech-language pathology consultant.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 301.02 "American Speech-Language-Hearing Association (ASHA)" means the national professional organization of speech-language pathologists and audiologists.

Source. ( See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 301.03 "Certificate of Clinical Competence (CCC)" means the professional credential issued by the Council for Clinical Certification of ASHA on the basis of successful completion of specified academic requirements, specified practicum requirements, an examination and specified post-graduate professional experience.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 301.04 “Direct supervision” means in-view observation and guidance by an SLP while an assigned activity is performed by an individual being supervised, provided in person or via real time telecommunication technology, and includes but is not limited to:

(a) Observation of a portion of the screening or treatment procedures performed by the speech-language assistant;

(b) Coaching the supervisee; and

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15; ss by #12486, eff 3-1-18

Spe 301.05 “Indirect supervision” means supervision where the supervisor is not required to be in the same facility or in close proximity to the individual being supervised, but is available to provide supervision by electronic means, including but not limited to:

(a) Demonstration;

(b) Record review;

(d) Interactive television and supervisory conferences conducted by telephone, e-mail, or live webcam.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15; ss by #12486, eff 3-1-18

Spe 301.06 “National examination in speech-language pathology” means the speech-language pathology examination that is part of the Praxis series administered by the Educational Testing Service located in Princeton, New Jersey.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

PART Spe 302 INITIAL LICENSURE TO PRACTICE SPEECH-LANGUAGE PATHOLOGY

Spe 302.01 Types of Initial Licensure. The board shall issue one of the following 3 types of initial licenses to applicants who are eligible for them and who comply with the application procedures:

(a) Full initial licenses as set forth in Spe 304 and Spe 305;

(b) Conditional licenses as set forth in Spe 306 and Spe 307; and

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

PART Spe 303 APPLICATION PROCEDURE

Spe 303.01 Processing of Applications.

(a) Applicants who wish to apply for initial or provisional licensure as a speech-language pathologist shall do so by submitting, or arranging for the submission of, each of the following components of the application packet:

(1) An application form provided by the board that contains the information specified by Spe 303.02;

(2) The required documents specified by Spe 303.04 or Spe 303.05, as applicable;

(3) The non-refundable application processing fee specified by Ahp 301.02(a); and

(4) The initial license fee specified by Ahp 301.02(a).

(b) If the board, after receiving and reviewing a completed application packet complying with (a) above requires further information or documents to determine the applicant's qualification for licensure, the board shall:

(1) So notify the applicant in writing within 60 days; and

(2) Specify the information or documents it requires.

(1) The completed application packet described in (a) above; and

(2) Any additional information or documents which may have been requested pursuant to (b) above.

(d) The application shall be denied if the application is not completed within 54 weeks of the receipt by the board of the application-form part of the application packet.

(e) The board shall issue written approval or denial of an application within 120 days of the date that the application is completed.

(f) The board shall refund the license fee, but not the application processing fee, if:

(1) The applicant withdraws the application;

(2) The application is not completed within 54 weeks of receipt by the board of the application-form part of the application packet; or

(3) The board denies the application.

(g) Any applicant wishing to challenge the board's denial of an application for initial licensure shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 60 days of the board's notification of license denial; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant's return to the United States or release from duty, whichever occurs later.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 303.02 Multipart Application Form for All Applicants.

(a) The multipart application form shall:

(1) Be provided by the board; and

(2) Contain 2 parts as follows:

a. Part one, which shall be held confidential by the board; and

b. Part 2, which shall be available to the public.

(b) Applicants for full initial licensure, conditional licensure and provisional licensure shall:

(1) Complete the entire form using a keyboard or by printing the information legibly in ink; and

(2) Complete all sections of the entire form or designate them as not applicable.

(c) On the form such applicant shall designate the initial license applied for by circling the appropriate designation preprinted on the form.

(d) On part one of the form the applicant shall provide his or her:

(1) Full name;

(2) Home physical address;

(3) Home phone number or personal cell phone number;

(4) Home mailing address;

(5) Place of employment name, if any;

(6) Place of employment mailing address, if any;

(7) Place of employment phone number, if any;

(8) E-mail address at which the applicant wishes to receive notification from the board;

(9) Date of birth; and

(10) Place of birth.

(e) On part one of the form the applicant shall designate, by checking the appropriate box, which address, if any, can be made available to various public entities:

(1) Home mailing address;

(2) Place of employment mailing address; or

(3) None.

(f) Designate by checking in the appropriate box how the applicant wishes to receive notifications from the board, that is, either by e-mail or regular mail.

(g) Also on part one of the form the applicant shall indicate using the “yes” and “no” columns provided:

(1) Whether the applicant has any reason to believe that the applicant will soon be the subject of a disciplinary proceeding, settlement agreement or consent decree undertaken or issued by a professional licensing board of any state or jurisdiction;

(2) Whether any malpractice claim has been made against the applicant;

(3) Whether the applicant has for disciplinary reasons been put on administrative leave, been fired for cause other than staff reductions from a position at the applicant's place of employment, or had any privileges limited, suspended or revoked in any:

a. Hospital;

b. Health care setting;

c. Home health care agency;

d. Educational institution; or

e. Other professional setting;

(4) Whether the applicant has been denied the privilege of taking an examination required for any professional licensure;

(5) Whether the applicant has any physical, mental or emotional condition, or any alcohol or substance abuse problem, which could negatively affect the applicant's ability to practice the profession for which licensure is sought; and

(6) Whether the applicant engages in any remedial undertaking to alleviate one or more conditions listed in (5) above which could itself negatively affect the applicant's ability to practice the profession for which licensure is sought.

(7) Have you committed any act(s) that would violate the laws and/or rules that govern the profession for which you are applying?

(h) Pursuant to RSA 161-B:11, VI-a the applicant shall furnish his or her social security number on part one of the application form.

(i) On part 2 of the application form the applicant shall provide:

(1) His or her full name;

(2) For the applicant's undergraduate education and graduate education:

a. The name and address of the college, university or other institution;

b. The degree earned;

c. The year of the degree earned; and

d. The major subject taken in the degree granting program;

(3) For any additional education, educational degree or educational credential required to achieve eligibility for initial licensure:

a. The name and address of the educational program or institution;

b. The degree or other credential earned; and

c. The year of the degree or credential earned; and

(4) A list of the jurisdictions where the applicant is or has been licensed or certified to practice.

(j) On part 2 of the application form the applicant shall indicate by using the “yes” and “no” columns provided:

(1) Whether the applicant has been found guilty or entered a plea of no contest to any felony or misdemeanor;

(2) Whether the applicant has ever been the subject of any disciplinary action by any professional licensing authority;

(3) Whether the applicant has ever been denied a license or other authorization to practice in any state or jurisdiction;

(4) Whether the applicant has ever surrendered a license or other authorization to practice issued by any state or jurisdiction in order to avoid or settle disciplinary charges; and

(5) Pursuant to RSA 125:25-c, whether the applicant has any ownership interest in any diagnostic or therapeutic service(s) company(ies), and, if the answer is "yes", the applicant shall attach a list of all diagnostic or therapeutic services provided by each company.

(k) Also on part 2 of the form the applicant shall place his or her notarized signature, printed full name and the date of signing below the following preprinted statement:

"I acknowledge that knowingly making a false statement on this application form is a misdemeanor under RSA 641:2, I. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief. I also certify that I have read the statute and the rules of the Board and promise that, if I am licensed, I will abide by them."

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10019, eff 11-5-11; ss by #10682, eff 10-4-14; amd by #10906, eff 8-7-15

Spe 303.03 Effect of Notarized Signature. The effect of the applicant’s notarized signature on part 2 of the form shall be:

(a) The applicant’s acknowledgement that knowingly making a false statement on the application form is a misdemeanor under RSA 641:2, I;

(b) The applicant’s certification that:

(1) The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

(2) The applicant has read the statutes and administrative rules of the board; and

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 303.04 Documents Required of Applicants For Full and Conditional Licensure. Applicants for full or conditional licensure shall provide, or arrange for the board to receive, the following documents supporting their applications:

(a) A recent passport size, 2" x 2", original head-shot photograph;

(b) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions Spe 303.02(g)(1) through (g)(6) on part one of the application form is in the affirmative;

(c) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions Spe 303.02(j)(1) through (j)(5) on part 2 of the application form is in the affirmative;

(d) If the applicant holds a currently valid certificate of clinical competence, an authenticated official transcript from the post-secondary institution issuing a master’s or higher degree in speech-language pathology, communication sciences and disorders, or communication disorders:

(1) Mailed directly to the board by the issuing institution; or

(2) Submitted by the applicant in an envelope sealed by the institution in such a manner that it would be evident to the board if the envelope had been opened;

(e) If the applicant does not hold a currently valid certificate of clinical competence, the following documents:

(1) Proof of having met the educational degree required by Spe 305.01(b)(1) in the form of one of the following 3 kinds of documentation submitted in one of the ways described in (d)(1) and

(2) above:

a. An authenticated official transcript showing the issuance of a master’s or higher degree in speech-language pathology, communication sciences and disorders, or communication disorders;

b. An official letter from the educational institution awarding the degree verifying the fact that the applicant has graduated combined with an authenticated official transcript as soon as the transcript is available; or

c. An official letter from the educational institution awarding the degree verifying that the applicant successfully completed the requirements for graduation combined with an authenticated official transcript as soon as the transcript is available;

(2) Proof of successful completion of the supervised clinical observation and the supervised clinical practice required by Spe 305.01(b)(2) in the form of one or more statements on business letterhead:

a. Signed by the supervisor(s) of such supervised clinical observation and supervised clinical practice; and

b. Submitted to the board:

1. By mail by the supervisor(s) or the institution providing the applicant's educational program; or

2. By the applicant in an envelope sealed by a supervisor or the institution providing the applicant's educational program in such a manner that it would be evident to the board if the envelope had been opened; and

(3) The applicant's scores on the national examination in speech-language pathology sent directly to the board from Educational Testing Services;

(f) A resume containing a chronologically organized account of the applicant's paid or volunteer activities relative to speech language pathology in the immediately preceding 36 months, including:

(1) Each separate experience in paid or volunteer work:

a. Delivering speech-language pathology services directly to clients, including doing so during the post-graduate professional experience referred to in RSA 326-F:4, I;

b. Serving as an educator in speech-language;

c. Serving as an administrator in speech-language, speech-language pathology, occupational therapy, physical therapy, rehabilitation services or special education;

d. Contributing expertise in speech-language to a speech-language pathology board or committee; or

e. Serving as a speech-language pathology consultant;

(2) The period of each separate experience described by its beginning and ending dates; and

(3) The physical address of each experience;

(g) Unless the information is available only on a website, an official letter of verification sent directly to the board from every jurisdiction which has issued a license or other authorization to practice stating whether:

(1) The license or other authorization is or was, during its period of validity, in good standing, and

(2) Whether any disciplinary action was taken against the license or other authorization to practice;

(h) An original, not a photocopy, of a criminal offender record report:

(1) Issued by each state where the applicant has resided and/or been licensed within the past 6 years, providing that such state has sent the report:

a. To the board and the board has received the report; or

b. To the applicant for forwarding to the board, and the board has received the report;

(2) Covering the applicant under his or her name and any aliases; and

(3) Dated within the 6 months preceding the application for licensure; and

(i) If qualifying for full licensure based on a currently valid certificate of clinical competence, proof of such currently valid certificate in the following order of preference:

(1) A photocopy of both sides of the certificate;

(2) An official letter sent directly from ASHA reporting the date of issuance and the date of expiration of the certificate of clinical competence; or

(3) A statement that the board can obtain the information described in (2) above only from a secure website together with directions for accessing the website.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10326, eff 5-4-13; ss by #10682, eff 10-4-14; ss by #10906, eff 8-7-15

Spe 303.05 Documents Required of Applicants For Provisional Licensure. Applicants for provisional licensure shall provide, or arrange for the board to receive, the following documents supporting their applications:

(a) The documents listed in Spe 303.04 with the exception of the Spe 303.04(h) and (j); and

(b) In connection with their practice during the post-graduate professional experience, the completed supervision form described in Spe 307.04.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14

Spe 303.06 RESERVED

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; rpld by #10906, eff 8-7-15

PART Spe 304 ELIGIBILITY FOR FULL LICENSURE FOR THOSE HOLDING A CURRENTLY VALID CERTIFICATE OF CLINICAL COMPETENCE

Spe 304.01 Eligibility for Full Licenses Based Upon A Currently Valid Certificate of Clinical Competence.

(a) The board shall issue full initial licenses to applicants who:

(1) Hold a currently valid certificate of clinical competence;

(2) Are of good professional character and reliability as evidenced by:

a. The answers to questions (f)(1) through (f)(6) on part one of the application form;

b. The answers to questions (i)(l) through (i)(5) on part 2 of the application form; and

c. Any reports submitted pursuant to Spe 303.04(b) and (c); and

(3) Have submitted completed application packets.

(b) Based on the board’s determination pursuant to RSA 332-G:7 no military experience is applicable to the education of speech-language pathologists. Military experience shall not be considered when determining whether an applicant meets the educational requirements for licensure.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

PART Spe 305 ELIGIBILITY FOR FULL LICENSURE FOR THOSE WITHOUT A CURRENTLY VALID CERTIFICATE OF CLINICAL COMPETENCE WHO ARE ACTIVE IN THE PROFESSION

Spe 305.01 Eligibility for Full Initial Licensure For Those Without a Currently Valid Certificate of Clinical Competence Who Are Active in the Profession.

(a) The board shall issue full initial licenses to applicants not holding a currently valid certificate of clinical competence who:

(1) Having been authorized to practice speech-language pathology in another jurisdiction, are active in the profession as defined in Spe 301.01;

(2) Have, in accordance with RSA 326-F:3, II(a) and (b), met the following educational and supervised clinical practicum requirements:

a. A master’s or higher degree in speech-language pathology, communication sciences and disorders, or communication disorders, awarded by an educational program accredited by the Council on Academic Accreditation in Speech-Language Pathology or its predecessor organization(s); and

b. Completion within such educational program of:

1. At least 25 clock hours of supervised clinical observation:

(i) Concerning the evaluation and treatment of children and adults with disorders of speech, language, or hearing, and

(ii) Under the direct supervision of a supervisor holding a valid certificate of clinical competence in speech-language pathology; and

2. At least 375 clock hours of supervised clinical practice:

(i) Approved by the institution providing the educational program; and

(ii) Including direct evaluation and treatment of clients with speech, language, or hearing disorders;

(3) Have, in accordance with RSA 326-F:3, II(d), passed the national examination in speech-language pathology with a score of at least 600;

(4) Have, in accordance with RSA 326-F:3, II(c), completed the post-graduate professional experience;

(5) Are of good professional character and reliability as evidenced by:

a. The answers to questions (f)(1) through (f)(6) on part one of the application form;

b. The answers to questions (i)(l) through (i)(5) on part 2 of the application form; and

c. Any reports submitted pursuant to Spe 303.04(b) and (c); and

(6) Have submitted completed application packets.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

PART Spe 306 ELIGIBILITY FOR CONDITIONAL LICENSURE FOR THOSE WHO DO NOT HOLD A CURRENTLY VALID CERTIFICATE OF CLINICAL COMPETENCE AND WHO ARE NOT ACTIVE IN THE PROFESSION

Spe 306.01 Eligibility for Conditional Licensure For Those Who Do Not Hold a Currently Valid Certificate of Clinical Competence and Are Not Active in the Profession.

(a) The board shall issue conditional licenses rather than full licenses to applicants who do not hold a currently valid certificate of clinical competence and are not active in the profession as defined in Spe 301.01 if they:

(1) Meet all of the requirements for licensure stated in Spe 305.01 except for Spe 305.01(a);

(2) Submit the completed supervision form described in Spe 307.04;

(3) Meet the continuing competence requirements set forth in (b) below; and

(4) Document continuing competence as set forth in (c) below.

(b) Continuing competence requirements shall be the completion within the 78-week-period just preceding the filing of the application packet of at least 30 hours of continuing professional education distributed as follows:

(1) At least 15 hours of education in the clinical application of skills; and

(2) The balance of the hours in general speech-language pathology practice, including:

a. Speech-language pathology theory;

b. Supervision;

c. Consultation;

d. Speech-language pathology education and curriculum development; and

e. Trans-disciplinary issues and skills.

(c) Documentation of continuing competence shall be the submission of the following proof of having completed at least 30 hours of continuing professional education of which at least 15 hours is in the clinical application of skills:

(1) A transcript of each continuing professional education course taken displaying the hours credited and the ending date of the course; or

(2) A document of attendance displaying, for each continuing professional education course taken:

a. The name of the applicant;

b. The name of the course, if descriptive of the course contents, or other description of the course;

c. The name of the course provider or sponsor;

d. The beginning and ending dates of the course;

e. The duration of the course stated in hours; and

f. The signature of:

1. A representative of the provider of the course;

2. A representative of the sponsor of the course; or

3. The teacher of the course.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #9647, eff 1-29-10; ss by #11136, eff 7-9-16

PART Spe 307 PRACTICE UNDER CONDITIONAL LICENSURE

Spe 307.01 Practice Restrictions Imposed Upon Conditional Licensees.

(a) Conditional licensees shall practice:

(1) Under the supervision of a speech-language pathologist who is:

a. Licensed in New Hampshire throughout the period of the conditional licensee's practice;

b. Not under disciplinary investigation or under pending disciplinary charges in the facilities where supervision is to take place;

c. Has not had disciplinary action taken against them in any state within the past 5 years; and

d. Not related to the conditional licensee as:

1. Spouse or civil union partner;

2. Parent, step-parent or parent-in-law;

3. Natural, foster or adopted child;

4. Sibling, step-sibling or sibling-in-law; or

5. First or second cousin; and

(2) In accordance with the practice requirements set forth in (b) and (c) below.

(b) Conditional licensees shall practice under supervision for the following periods of time:

(1) At least 12 continuous weeks if practicing 30 hours each week; or

(2) At least 24 continuous weeks if practicing fewer than 30 hours each week.

(1) Direct supervision for at least one hour during each 4-week period of practice; and

(2) Indirect supervision for at least one hour during each 4-week period of practice.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14

Spe 307.02 Obligations of Conditional Licensees.

(a) Before the beginning of supervision by each individual who will provide some or all of the supervision, conditional licensees shall:

(1) Give to these individuals a copy of Spe 307 and the supervision form described in Spe 307.04;

(2) Discuss the required supervision with these individuals; and

(3) Submit the completed supervision form to the board.

(b) Whenever the individual(s) providing supervision are replaced by other individual(s), conditional licensees shall:

(1) Notify the board of that fact within 30 days of the change; and

(2) Take the actions required by (a) above.

(c) When conditional licensees have completed the required supervised practice, they shall arrange for the board to receive the supervisory opinion of competence described in Spe 307.06 within 4 weeks of completion.

(d) Throughout their practice conditional licensees shall be subject to the same disciplinary sanctions as are holders of other licenses issued by the board.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14

Spe 307.03 Duration of Conditional Initial Licenses.

(a) Conditional initial licenses shall remain valid for no more than 36 weeks unless their period of validity is extended pursuant to (b) or (c) below.

(b) The board shall extend the period of validity of a conditional license for not more than 16 weeks if:

(1) The conditional license is still valid at the time of extension;

(2) The conditional licensee submits a written request for the extension stating facts relating to one of the reasons in (3) below; and

(3) The conditional licensee has been unable to comply with the eligibility requirements for full licensure because:

a. The conditional licensee is unable to complete the required period of supervised practice because of loss of employment for any reason other than being fired for cause or terminated during probationary employment because of incompetence;

b. The conditional licensee is unable to submit the supervisory opinion of competence for a reason unrelated to the supervisor’s belief that the licensee is not competent to practice without supervision and under full licensure; or

c. The conditional licensee has been unable to work in the employment capacity or employment setting providing the required supervision for a sufficiently long period of time, because of:

1. The conditional licensee's extended illness; or

2. The conditional licensee's need to care to take care of any of the following people during an extended illness:

i. Child, whether adopted, natural or foster;

ii. Parent, whether adopted, natural or foster;

iii. Sibling, whether adopted, natural or foster;

iv. Spouse; or

v. Spousal equivalent.

(c) The board shall extend the period of validity of a conditional license for a period specified by the supervisor of the licensee, but no longer than 6 weeks, if:

(1) The conditional license is still valid at the time of extension;

(2) The conditional licensee submits a written request for the extension, stating that the supervisor believes that the conditional licensee will become competent to practice under full licensure if the extension is granted; and

(3) The conditional licensee submits the supervisor’s signed opinion that the licensee will become competent to practice under full licensure if the conditional license is extended for the time specified by the supervisor.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 307.04 Supervision Form.

(a) The supervision form shall:

(1) Be completed using the “Supervision Form” dated March 25, 2015;

(2) Be provided by the board and available on the boards web site, www.nh.gov/alliedhealth;

(3) Be completed legibly in ink or using a keyboard; and

(4) Be signed and dated below the following preprinted statement which asserts.

"By signing this form I state that I have read and understood the applicable rules of supervision or order of the Board for supervision, agree to undertake the duties of supervision set forth in the rules or order of the Board, agree to be responsible for the acts and omissions of any person to whom I delegate the duties of supervision, and acknowledge that my own or my delegate's failure to comply with the rules or order of the Board might result in disciplinary sanctions.”

(b) The signature required by (b)(4) above shall constitute the signer's:

(1) Assertion that the signer has read and understood the rules or order of the Board governing the supervision;

(2) Agreement to undertake the duties of supervision;

(3) Agreement to take responsibility for the acts and omissions of any individual to whom the signer delegates the duties of supervision; and

(4) Statement of understanding that the failure of the signer or the signer's delegate to follow the rules or order of the Board governing the supervision has the potential to subject the signer to disciplinary sanctions.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 307.05 Eligibility For Full Initial Licensure of Conditional Licensees. The board shall issue full initial licenses to conditional licensees who, within the period of validity of their conditional licenses:

(a) Have met the requirements of Spe 307; and

(b) Arranged for the board to receive the opinion of competence described in Spe 307.06.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 307.06 Supervisory Opinion of Competence. The supervisory endorsement of competence shall:

(a) Be submitted directly to the board by the individual who most recently supervised the conditional licensee's practice;

(b) Include a signature and date of signing;

(d) Include the supervisor's statement that the rules in Spe 307 were followed;

(e) Include the supervisor's statement that, in his or her opinion, the conditional licensee is competent to practice under full licensure; and

(f) Be submitted to the board within 4 weeks of completion of the supervisory period.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14

Spe 307.07 Expiration and Suspension of Conditional Licenses.

(a) A conditional initial license which has not expired shall end when the board approves or denies full initial licensure.

(b) The conditional licensee shall have the right to challenge the board’s denial of full licensure through an adjudicative hearing.

(1) Practice by the conditional licensee without the supervision required by Spe 307.01;

(2) The conditional licensee’s termination from employment for cause;

(3) The conditional licensee’s termination from employment for incompetence during a probationary period; or

(4) On an emergency basis, in the circumstances and according to the procedures, set forth in RSA 541-A:30, III.

(d) The board shall suspend a conditional license pursuant to (c)(1) through (3) above only after:

(1) Giving the conditional licensee notice containing:

a. A statement of the board’s intention to suspend the conditional license;

b. The grounds for the intended suspension;

c. The date of the intended suspension; and

d. A statement that the conditional licensee has the right to request an adjudicative hearing to challenge the intended suspension; and

(2) Providing the conditional licensee the opportunity to challenge the intended suspension at an adjudicative hearing.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14; ss by #10906, eff 8-7-15

PART Spe 308 PROVISIONAL LICENSURE

Spe 308.01 Function of a Provisional License. Pursuant to RSA 326-F:4, a provisional license shall permit an individual to practice speech-language pathology while completing the post-graduate professional experience required for full licensure.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 308.02 Eligibility for Provisional Licensure. Pursuant to RSA 326-F:4 the board shall issue provisional licenses to applicants who:

(a) Meet the requirements for full licensure with the exception of completion of the post-graduate professional experience and the submission of documentation of such completion; and

(b) Are of good professional character and reliability as evidenced by:

(1) The answers to questions (f)(1) through (f)(6) on part one of the application form;

(2) The answers to questions (i)(l) through (i)(5) on part 2 of the application form; and

(3) Any reports submitted pursuant to Spe 303.04(b) and (c).

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 308.03 Eligibility for Provisional Licensure for Applicants on Active Military Duty. Pursuant to RSA 326-F:4 the board shall issue provisional licenses to applicants who have not completed more than 2 periods of their post graduate professional experience pursuant to Spe 309.04(b)(4), provided that the applicants:

(a) Meet the requirements for full licensure described in Spe 303.04 with the exception of completion of the post-graduate professional experience and the submission of documentation of such completion;

(b) Are of good professional character and reliability as evidenced by:

(1) The answers to questions Spe 303.02(g)(1) through (g)(6) on part one of the application form;

(2) The answers to question Spe 303.02(j)(1) through (j)(5) on part 2 of the application form; and

(3) Any reports submitted pursuant to Spe 303.04(b) and (c);

(c) Provide a copy of the document issued by the United States military that shows the applicant is currently on active military duty and assigned to duty in the state of New Hampshire;

(d) Provide report and rating form described in Spe 309.05 for no more than 2 periods completed outside of the state of New Hampshire; and

(e) Provide a completed, original supervision form described in Spe 307.04 for the periods remaining that were not completed in another state.

Source. #10682, eff 10-4-14; ss by #10906, eff 8-7-15

Spe 308.04 Eligibility for Provisional Licensure for Applicants Who Are Spouses of Active Duty Individuals. Pursuant to RSA 326-F:4 the board shall issue provisional licenses to applicants who have not completed more than 2 periods of their post graduate professional experience:

(b) Are of good professional character and reliability as evidenced by:

(1) The answers to questions Spe 303.02(g)(1) through (g)(6) on part one of the application form;

(2) The answers to question Spe 303.02(j)(1) through (j)(5) on part 2 of the application form; and

(3) Any reports submitted pursuant to Spe 303.04(b) and (c);

(c) Provide a copy of the document issued by the United States military that shows the applicant’s spouse is currently on active military duty;

(d) Provide a copy of the marriage certificate;

(e) Provide documentation described in Spe 309.05 showing that no more than 2 periods of the post graduate professional experience were completed outside of the state of New Hampshire.

(f) Provide an original supervision form described in Spe 307.04 for the periods of the post graduate professional experience that were not completed in another state.

Source. #10682, eff 10-4-14; ss by #10906, eff 8-7-15

Spe 308.05 Eligibility of Provisional Licensees for Full Licensure.

(a) The board shall issue full initial licenses to provisional licensees if they have:

(1) Completed a post-graduate professional experience with the following characteristics:

a. A duration of:

1. At least 36 weeks if practicing speech-language pathology for 30 hours each week;

2. At least 48 weeks if practicing speech-language pathology for 25 to 29 hours each week;

3. At least 60 weeks if practicing speech-language pathology for 20 to 24 hours each week; or

4. At least 72 weeks if practicing speech-language pathology for 15 to 19 hours each week; and

b. Supervision of practice in accordance with Spe 309; and

(2) Documented completion of the post-graduate professional experience within 4 weeks of its completion by submitting an original of the report and rating form(s) utilized during the post-graduate professional experience.

(b) If the provisional licensee intends to receive his or her certificate of clinical competence following completion of the post-graduate professional experience, the provisional licensee shall submit to ASHA a second original of the completed report and rating form.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; renumbered by #10682 (from Spe 308.03); ss by #10906, eff 8-7-15

PART Spe 309 PROVISIONAL LICENSEES' SUPERVISED PRACTICE

Spe 309.01 Supervisors of Provisional Licensees: Eligibility and Obligation to Complete Supervision Form.

(a) A supervisor of a provisional licensee shall:

(1) Throughout the period of the provisional licensee's practice:

a. Be licensed in New Hampshire or, for an active duty military provisional licensee or the spouse of an active duty individual, be licensed in any state within the United States for the supervision of not more than 2 periods of the postgraduate professional experience pursuant to Spe 308.03 and Spe 308.04; and

b. Hold a valid certificate of clinical competence, as confirmed by inquiry made of ASHA by the provisional licensee;

(2) Not be related to the provisional licensee as:

a. Spouse or civil union partner;

b. Parent, step-parent or parent-in-law;

c. Natural, foster or adopted child;

d. Sibling, step-sibling or sibling-in-law; or

e. First or second cousin; and

(3) Not either be or come under disciplinary investigation or charges in the facility where the supervision is to take place.

(b) An individual intending to supervise a post-graduate professional experience shall be a non-probationary employee not under disciplinary investigation or pending disciplinary charges and has not had disciplinary action taken against him or her in any state within the past 5 years.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14

Spe 309.02 Nature of the Supervision Over Provisional Licensees During the Post-Graduate Professional Experience.

(a) A supervisor of a provisional licensee shall perform at least 36 hours of supervision during the total period of the provisional licensee's post-graduate professional experience as follows:

(1) At least 6 hours of direct supervision as defined in Spe 301.04 during each third of the post-graduate professional experience; and

(2) At least 6 hours of non-direct supervision during each third of the post-graduate professional experience, including but not limited to:

a. Conferencing with the provisional licensee about clinical treatment strategies for his or her clients;

b. Monitoring changes in the behavior of the provisional licensee's clients;

c. Evaluating the clinical records maintained by provisional licensee about his or her clients;

d. Monitoring the provisional licensee's participation in his or her clients' case conferences;

e. Evaluating the provisional licensee's work on the basis of consultation with his or her:

1. Professional colleagues;

2. Employers;

3. Clients; and

4. Clients' families; and

f. Monitoring the provisional licensee's contributions to professional publications and meetings.

(b) The supervision provided by the supervisor shall be sufficient to enable the provisional licensee, in the course of the post-graduate professional experience, to:

(1) Achieve the outcomes and performance levels agreed-upon at the goal-setting conference described in Spe 309.04(b) and (c); and

(2) Become competent to practice speech-language pathology without supervision.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14

Spe 309.03 Obligations of Provisional Licensees at the Beginning of, During and at the End of, the Post-Graduate Professional Experience.

(a) The responsibilities of the provisional licensee during the post-graduate professional experience shall be:

(1) Direct contact with speech-language pathology clients;

(2) Consultations with the provisional licensee's supervisor;

(3) Client-related record keeping; and

(4) Client-related administrative duties.

(b) Before beginning the post-graduate professional experience the provisional licensee shall:

(1) Inquire of ASHA whether the intended supervisor holds a currently valid certificate of clinical competence;

(2) Read and understand Spe 308 and Spe 309; and

(3) Understand the use of the report and rating form.

(1) Participate in the goal-setting conference described in Spe 309.04(c);

(2) Participate in the periodic assessments described in Spe 309.05;

(3) Complete on 2 originals of the report and rating form those parts of the form which are allocated to the provisional licensee to complete; and

(4) Retain:

a. A record of the agreed-upon decisions described in Spe 309.04(c); and

b. Two original(s) of each of the report and rating form(s) used during the post-graduate professional experience.

(d) Whenever there is a change in supervisor during the post-graduate professional experience, the provisional licensee shall:

(1) Submit to the board a new completed supervision form;

(2) Inquire of ASHA whether the intended new supervisor holds a currently valid certificate of clinical competence; and

(3) Make certain that he or she and the new supervisor use 2 new originals of the report and rating form.

(e) At the end of the post-graduate professional experience the provisional licensee shall:

(1) Discuss with the supervisor all of the ratings given by the supervisor(s) pursuant to Spe 309.05; and

(2) Complete on 2 originals of the report and rating form those parts of the form which are allocated to the provisional licensee to complete.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 309.04 Obligations of Supervisors at the Beginning of, During and at the End of, the Provisional Licensee's Post-Graduate Professional Experience.

(a) Before the beginning of a provisional licensee's post-graduate professional experience, the supervisor shall read and understand Spe 308, Spe 309 and the report and rating form.

(b) Within 4 weeks of the beginning of the provisional licensee's post-graduate professional experience the supervisor shall:

(1) Meet with the provisional licensee in a goal-setting conference;

(2) Review Spe 308, Spe 309 and the report with the licensee;

(3) Together with the provisional licensee, establish the total period of time measured in weeks in accordance with Spe 308.05(a)(1) to be devoted to the post-graduate professional experience; and

(4) Divide such total period of time into 3 approximately equal time periods:

a. Each representing approximately one third of the total time period to be devoted to the post-graduate professional experience; and

b. Each identified by its beginning and ending dates.

(1) The goals of the post-graduate professional experience;

(2) The performance levels to be reached by the provisional licensee on the skills listed in Spe 309.06, using as a basis the provisional licensee's academic preparation, the setting in which the postgraduate professional experience will take place and the provisional licensee's personal goals and interests;

(3) The types of supervisory activities intended to be carried out by the supervisor; and

(4) The intended schedule of meetings and consultations between the provisional licensee and the supervisor.

(d) During the provisional licensee's post-graduate professional experience the supervisor shall:

(1) Participate in the periodic assessments described in Spe 309.05; and

(2) Complete on 2 originals of the report and rating form those parts of the form which are allocated to the supervisor to complete.

(e) At the end of the post-graduate professional experience the supervisor shall:

(1) Discuss with the provisional licensee all of the performance ratings given by the supervisor(s);

(2) Complete on 2 originals of the report and rating form those parts of the form which are allocated to the supervisor to complete;

(3) Check the box indicating the supervisor's affirmative recommendation of the provisional licensee only if:

a. The supervisor has rated the provisional licensee's performance on the core skills identified in Spe 309.06(c) at "3" or above for the last period for which the skills were rated; and

b. The supervisor has found no other reason not to recommend the provisional license; and

(4) Discuss with the licensee the requirement set forth in Spe 308.05(a)(2) describing the submission of an original of the report and rating form(s).

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10682, eff 10-4-14

Spe 309.05 Periodic Supervisory Assessments; Provisional Licensees' Responses to Periodic Supervisory Assessments.

(a) At the beginning of the first of the 3 time periods established in accordance with Spe 309.04(b)(2), the supervisor shall select from the 18 separately numbered skills listed in Spe 309.06(b) those skills to which the supervisor wants the provisional licensee to give particular attention during the upcoming first time period.

(b) During the first time period the provisional licensee shall acquire and apply to the best of his or her ability all of the 18 separately numbered skills, giving particular attention to those selected by the supervisor for such attention.

(1) On the basis of his or her supervisory activities, use the rating scale described in Spe 309.07 to rate the provisional licensee's performance on each of the 18 separately numbered skills listed in Spe 309.06(b);

(2) Discuss the ratings with the provisional licensee;

(3) Enter the ratings on the report and rating form; and

(4) Select from the 18 separately numbered skills:

a. Those skills on which the supervisor has rated the provisional licensee's performance at "4" or lower; and

b. Any additional skills which the supervisor wants the provisional licensee to give particular attention to during the upcoming second time period.

(d) During the second time period the provisional licensee shall acquire and apply to the best of his or her ability all of the numbered skills, giving particular attention to those selected by the supervisor in accordance with (c)(4) above.

(e) At the end of the second time period the supervisor shall take the steps described in (c)(1)-(4) above.

(f) During the third time period the provisional licensee shall acquire and apply to the best of his or her ability all of the numbered skills, giving particular attention to those selected by the supervisor.

(g) At the end of the third time period the supervisor shall take the steps described in (c)(1)-(3).

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 309.06 Skills.

(a) Skills to be achieved by the provisional licensee and rated by the supervisor shall be evaluation skills numbered (b)(1)-(b)(5), treatment skills (b)(6)-(b)(10), management skills numbered (b)(11)-(b)(13) and interactions skills numbered (b)(14)-(b)(18).

(b) The skills shall be:

(1) Implementing client screening procedures;

(2) Collecting client case history information and integrating information from the client, the client's family, the client's care-givers, the client's significant others and professionals;

(3) Selecting and implementing evaluation procedures such as standard and non-standardized tests and behavioral observations;

(4) Adapting interviewing and testing procedures to meet the client's needs;

(5) The following diagnostic skills:

a. Interpreting and integrating test results and behavioral observations;

b. Synthesizing information gained from all sources;

c. Developing diagnostic impressions; and

d. Making recommendations for case management;

(6) Developing and implementing specific, reasonable and necessary treatment plans;

(7) Selecting or developing, and implementing, intervention strategies;

(8) Selecting or developing, and using, intervention materials and instrumentation;

(9) The following monitoring and program modification skills:

a. Planning and implementing a program of periodic monitoring of the client's communicative functioning through appropriate data collection systems; and

b. Interpreting and using data to modify treatment plans, strategies, materials or instrumentation;

(10) Adapting intervention procedures, strategies, materials and instrumentation.

(11) The following administrative skills:

a. Scheduling and prioritizing direct and indirect service activities,

b. Maintaining client records; and

c. Documenting professional contacts and clinical reports in a timely manner;

(12) Complying with administrative and other regulatory policies, such as required documentation, reports, service statistics and budget requests;

(13) Using local, state, national and funding-agency requirements to make decisions regarding service eligibility and, if applicable, third-party reimbursement;

(14) Communicating, including listening, speaking, non-verbal communication and writing, in a way that takes into consideration the communication needs and the cultural values of:

a. The client;

b. The client's family;

c. The client's caregivers;

d. The client's significant others; and

e. Other professionals;

(15) Identifying and referring clients for related services as appropriate, including:

a. Audiological;

b. Educational;

c. Medical;

d. Psychological;

e. Social; and

f. Vocational;

(16) Collaborating with other professionals in matters relevant to case management;

(17) Providing counseling and supportive guidance regarding the client's communication disorder to:

a. The client;

b. The client's family;

c. The client's caregivers; and

d. The client's significant others; and

(18) Planning and implementing educational programs for other professionals and the general public to facilitate acceptance and treatment of disabilities associated with communication disorders.

(c) The core skills on which the provisional licensee's score shall be "3" or above for the last time period for which they were rated shall be (b)(2), (b)(3), (b)(4), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(14), (b)(15), (b)(16) and (b)(17).

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 309.07 Rating The Provisional Licensee's Performance of Skills.

(a) Whenever the supervisor is required to rate the provisional licensee's performance on the 18 separately numbered skills listed in Spe 309.06(b), the supervisor shall:

(1) Base the ratings on the supervisor's observations during the supervisory activities set forth in Spe 309.02(a); and

(2) Use a rating scale along a 5-point continuum:

a. On which "5" represents the most effective performance and “1” represents the least effective performance; and

b. Which is further described in Spe 309.08.

(b) Whenever the supervisor is required to choose a rating number for a skill, the supervisor shall consider, in accordance with the scale described in Spe 309.08, the provisional licensee's:

(1) Accuracy, or the degree to which the provisional licensee performs the skill without error;

(2) Consistency, or the degree to which the provisional licensee performs the skill at the same level of proficiency across cases;

(3) Independence, or the degree to which the provisional licensee performs the skill in a self-directed manner; and

(4) The degree to which the provisional licensee seeks consultations when needed.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

Spe 309.08 Detailed Rating Scale.

(a) The rating scale for the skill described in Spe 309.06(b)(1) shall be as follows:

(1) The rating shall be "5" if the provisional licensee independently and accurately:

a. Matches or adapts screening procedures to all populations;

b. Selects appropriate screening criteria;

c. Administers and scores screening instrument(s) efficiently;

d. Interprets results;

e. Makes appropriate recommendations; and

f. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee independently and accurately:

a. Matches or adapts screening procedures to most populations;

b. Selects appropriate screening criteria;

c. Administers and scores screening instrument(s);

d. Interprets results;

e. Makes appropriate recommendations; and

f. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to accurately match or adapt screening procedures to populations;

b. Requires supervisory guidance to select appropriate screening criteria;

c. Sometimes demonstrates difficulty in administering and scoring screening instrument(s);

d. Sometimes demonstrates difficulty interpreting results;

e. Sometimes demonstrates difficulty in making appropriate recommendations; and

f. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(b) The rating scale for the skill described in Spe 309.06(b)(2) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and accurately selects case history or other interview formats with consideration for all relevant factors;

b. Efficiently collects and spontaneously probes for additional relevant information;

c. Obtains information from other sources;

d. Integrates data in order to identify etiologic or contributing factors; and

e. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently and accurately selects case history or other interview formats with consideration for all relevant factors;

b. Collects and probes for additional information;

c. Obtains information from other sources;

d. Integrates data to identify etiologic or contributing factors; and

e. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to accurately select case history or other interview formats with consideration for all relevant factors;

b. Collects case history information that is incomplete or lacking in relevance;

c. Is unable to integrate data to identify etiologic or other contributing factors; and

d. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(1) The rating shall be "5" if the provisional licensee:

a. Independently selects a comprehensive assessment battery with consideration for all relevant factors;

b. Efficiently and accurately administers the battery;

c. Consistently scores tests accurately; and

d. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently selects an adequate assessment battery with consideration for all relevant factors;

b. Administers the battery;

c. Scores tests accurately; and

d. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to select evaluation procedures that are appropriate and complete;

b. Sometimes administers or scores tests inaccurately; and

c. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(d) The rating scale for the skill described in Spe 309.06(b)(4) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and accurately recognizes when testing procedures need to be adapted to accommodate needs unique to specific clients;

b. Effectively implements appropriate adaptations;

c. Makes maximum use of all available resources to provide for unusual situations; and

d. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently and accurately recognizes when testing procedures need to be adapted to accommodate needs unique to specific clients;

b. In most situations implements appropriate modifications;

c. Sometimes needs assistance in accessing available resources; and

d. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to recognize the need for procedures to accommodate individual needs;

b. Requires supervisory guidance to adapt procedures to accommodate individual needs; and

c. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(e) The rating scale for the skill described in Spe 309.06(b)(5) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Consistently, independently, and accurately interprets and integrates test results and behavioral observations to define the client’s communicative functioning, including relating etiologic factors to observed behaviors and test results;

b. Consistently develops diagnostic impressions and makes comprehensive recommendations leading to appropriate case management; and

c. Seeks supervisor guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently and accurately interprets and integrates test results and behavioral observations to define the client’s communicative functioning;

b. Develops diagnostic impressions and makes basic recommendations that are consistent with evaluation results and that are adequate for case management; and

c. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to interpret diagnostic data or behavioral observations accurately;

b. Does not develop diagnostic impressions or develops diagnostic impressions which are inappropriate or inconsistent with evaluation results;

c. Does not make recommendations or makes recommendations which are inappropriate or inconsistent with evaluation results; and

d. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(f) The rating scale for the skill described in Spe 309.06(b)(6) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and accurately establishes a treatment plan appropriate for the client;

b. Consistently develops specific and reasonable treatment plans which:

1. Include long-term goals; and

2. Measurable short-term objectives reflecting appropriate learning sequence;

c. Consistently identifies the most appropriate settings for service;

d. Consistently explores all alternative service delivery options;

e. Consistently effectively implements plans; and

f. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently and accurately establishes treatment plans which:

1. Are appropriate for the client;

2. Include long-term goals; and

3. Include measurable short-term objectives usually reflecting a logical sequencing of learning steps;

b. Generally identifies the need to explore alternative service delivery options, but sometimes needs help in selecting the most appropriate options;

c. Is able to effectively implement planned procedures; and

d. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to accurately develop a treatment plan appropriate for the client;

b. Sometimes develops a treatment plan including adequate long-term goals, but for which the objectives:

1. Are not measurable; or

2. Do not reflect logical sequencing of learning steps;

c. Cannot identify appropriate service delivery options;

d. Sometimes, even with guidance, does not effectively implement

treatment plans; and

e. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(g) The rating scale for the skill described in Spe 309.06(b)(7) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently selects or develops and implements comprehensive intervention strategies that take into consideration all unique characteristics and communication needs of the client; and

b. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations, independently selects or develops and implements intervention strategies relevant to the communication disorder and the unique characteristics of the client; and

b. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to select, develop or implement intervention strategies relevant to the needs of the client; and

b. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(h) The rating scale for the skill described in Spe 309.06(b)(8) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and consistently selects or develops materials and instrumentation for which there is a clear rationale;

b. Uses these materials and instrumentation creatively and effectively to enhance the treatment process; and

c. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations, independently selects or develops materials and instrumentation that are relevant to the communication disorder;

b. In most situations, uses materials and/or instrumentation effectively; and

c. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to select materials and or instrumentation that are appropriate to the treatment objectives, the client or the activity;

b. Does not always use materials or instrumentation effectively; and

c. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(i) The rating scale for the skill described in Spe 309.06(b)(9) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently develops and implements a comprehensive program of periodic monitoring of the client’s communicative functioning;

b. Independently collects and interprets monitoring data accurately;

c. Uses this information to effectively modify treatment plans, strategies, materials and instrumentation to meet the needs of the client; and

d. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently develops and implements a program of periodic monitoring of the client’s communicative functioning;

b. In most situations independently collects and interprets monitoring data accurately;

c In most situations uses this information to modify treatment plans, strategies, materials and instrumentation to meet the needs of the client; and

d. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to plan and implement a program of periodic monitoring of the client’s communicative functioning;

b. Does not collect useful and accurate data in order to modify treatment plans, strategies, materials, and instrumentation to meet the needs of the client; and

c. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(j) The rating scale for the skill described in Spe 309.06(b)(10) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and consistently adapts intervention procedures, strategies, materials, and instrumentation to accommodate needs unique to specific clients;

b. Makes maximum use of all available resources to provide for unusual situations;

c. Effectively implements appropriate adaptations; and

d. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. Recognizes when intervention procedures, strategies, materials, or instrumentation need to be adapted to accommodate needs unique to specific clients;

b. Sometimes needs assistance in making appropriate adaptations; and

c. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to recognize the need for adaptation of intervention procedures, strategies, materials, or instrumentation to accommodate needs unique to specific clients;

b. Sometimes has difficulty implementing identified adaptations; and

c. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(k) The rating scale for the skills described in Spe 309.06(b)(11) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and consistently prioritizes activities;

b. Independently and consistently schedules client contacts and meetings;

c. Maintains client records accurately;

d. Makes and documents professional contacts in a timely manner; and

e. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. Independently prioritizes most activities;

b. Consistently schedules client contacts and meetings;

c. Maintains client records accurately;

d. Usually makes and documents professional

contacts in a timely manner; and

e. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to prioritize activities, schedule client contacts and meetings, maintain client records and make professional contacts in a timely manner; and

b. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(l) The rating scale for the skills described in Spe 309.06(b)(12) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and consistently complies with administrative and regulatory policy requirements in a timely and accurate manner; and

b. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently complies with administrative and other regulatory policy requirements, although perhaps needing help with complex reports;

b. Provides most information in an accurate and timely manner; and

c. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to comply with administrative and other regulatory policy requirements;

b. Sometimes supplies inaccurate information;

c. Sometimes does not meet established time lines; and

d. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(m) The rating scale for the skills described in Spe 309.06(b)(13) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently and accurately makes service eligibility decisions that are based on appropriate regulations;

b. Follows applicable mandates; and

c. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations independently and accurately makes service eligibility decisions that are based on appropriate regulations;

b. In most situations follows applicable mandates; and

c. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to make service eligibility decisions that are based on appropriate regulations;

b. Might not be able to follow applicable mandates even with direction; and

c. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3";

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5"; and

(6) The rating shall be "NA" if the provisional licensee does not have an opportunity to perform this skill within the time period for which performance is rated.

(n) The rating scale for the skills described in Spe 309.06(b)(14) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Independently presents information accurately, clearly, logically, and concisely;

b. Presents oral communications, written reports and letters which are always appropriate for the needs of the audience;

c. Uses terminology and phrasing consistent with the semantic competency of the audience and includes accurate and complete information;

d. Listens carefully to clients and others;

e. Takes initiative in providing appropriate clarifications when needed;

f. Demonstrates appropriate nonverbal communication style; and

g. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. Usually presents information clearly, logically, and concisely;

b. Presents oral communications, written reports and letters which are appropriate in most situations in that terminology and phrasing are consistent with the semantic competency of the audience;

c. Includes information that is accurate and complete;

d. Listens to clients and others, although the provisional licensee might have difficulty providing appropriate clarification when needed;

e. Acknowledges the impact of his or her own nonverbal communication style although he or she might have difficulty demonstrating this consistently; and

f. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Does not present information clearly, logically, and concisely;

b. Presents oral communication, written reports and letters which are inappropriate for the needs of the audience;

c. Uses terminology and phrasing inconsistent with the semantic competency of the audience and includes information that is inaccurate or incomplete;

d. Does not listen carefully to clients and others and fails to provide appropriate clarification when needed;

e. Demonstrates an inappropriate nonverbal communication style; and

f. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(o) The rating scale for the skills described in Spe 309.06(b)(15) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Consistently identifies the need for and makes appropriate client referrals; and

b. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations identifies the need for client referrals but might need some assistance in locating specific referral sources; and

b. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to identify the need for client referrals or to make appropriate referrals; and

b. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(p) The rating scale for the skills described in Spe 309.06(b)(16) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Consistently listens to input from others;

b. Makes appropriate decisions based on shared information;

c. Initiates activities and contributes information that promotes mutual problem solving; and

d. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations listens carefully to input from others;

b. In most situations makes appropriate decisions based on shared information;

c. Usually participates in activities and contributes information that

promotes mutual problem-solving; and

d. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Requires supervisory guidance to effectively identify the need to consult or collaborate with other professionals in case management activities;

b. Does not make decisions based on shared information or focus on mutual problem-solving activities; and

c. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(q) The rating scale for the skills described in Spe 309.06(b)(17) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. Listens, reflects and explains information using terminology appropriate to the audience;

b. Monitors understanding by asking questions and encouraging interaction among all participants;

c. Engages the client and the client's family in problem-solving activities; and

d. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. Listens but might show some difficulty reflecting or explaining information using terminology appropriate to the audience;

b. Monitors understanding by asking questions but might have some difficulty encouraging interaction among all participants;

c. Attempts to engage the client and the client's family in problem-solving activities; and

d. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Does not listen, reflect, or explain information appropriately;

b. Does not use terminology appropriate to the audience;

c. Does not monitor understanding by asking questions or encouraging interaction among all participants;

d. Does not engage the client or the client's family in problem-solving activities; and

e. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3"; and

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5".

(r) The rating scale for the skills described in Spe 309.06(b)(18) shall be as follows:

(1) The rating shall be "5" if the provisional licensee:

a. With consideration of the needs of the audience independently and consistently provides clear and meaningful educational information to facilitate the acceptance and treatment of disabilities associated with communication disorders; and

b. Seeks supervisory guidance if needed;

(2) The rating shall be "3" if the provisional licensee:

a. In most situations considers the needs of the audience and independently provides clear and meaningful educational information to facilitate the acceptance and treatment of disabilities associated with communication disorders; and

b. Usually seeks supervisory guidance when needed;

(3) The rating shall be "1" if the provisional licensee:

a. Does not consider the needs of the audience and requires supervisory guidance to provide educational information that facilitates the acceptance and treatment of disabilities associated with communication disorders; and

b. Does not seek supervisory guidance when needed;

(4) The rating shall be "2" if the provisional licensee's performance meets all of the requirements for a rating of "1" but does not meet all of the requirements for a rating of "3";

(5) The rating shall be "4" if the provisional licensee's performance meets all of the requirements for a rating of "3" but does not meet all of the requirements for a rating of "5"; and

(6) The rating shall be "NA" if the provisional licensee does not have an opportunity to perform this skill within the time period for which performance is rated.

Source. (See Revision Note at chapter heading for Spe 300) #9125, eff 4-5-08; ss by #10906, eff 8-7-15

CHAPTER Spe 400 CONTINUED STATUS

PART Spe 401 DEFINITIONS

Spe 401.01 Definitions.

(a) "American Speech-Language-Hearing Association (ASHA)" means the national professional organization of speech-language pathologists and audiologists.

(b) “Continuing professional education and professional activity" means the continuing professional education and professional activity described in Spe 405.03, provided that such professional education and activity are beyond entry-level professional preparation and are designed to provide advanced or enhanced knowledge in the field of speech-language pathology.

(c) "Distance-learning" means electronic participation in continuing professional education and continuing professional activity described in Spe 405.03 provided that the participation can be proven with the required documentation.

(d) “Maintenance of continuing competence” means engaging in continuing professional education or continuing professional activity to develop and maintain for the purpose of performing professional responsibilities the following abilities:

(1) Knowledge;

(2) Performance skills;

(3) Interpersonal abilities;

(4) Critical reasoning; and

(5) Ethical reasoning.

(e) “Renewal year” means any odd-numbered year which is not the year of initial licensure.

(f) "Sexual misconduct" means engaging in one or more of the following activities with respect to a current client who is not a spouse or civil union partner:

(1) Engaging in sexual relations, whether consensual or non-consensual;

(2) Making verbal or physical sexual advances;

(3) Using sexual language or phrases;

(4) Requesting sexual favors; or

(5) Engaging in physical contact of a sexual nature.

(g) "Teleconference" means a live exchange of information from a remote location linked by a telecommunication system.

(h) "Teleseminar" means a teleconference.

(i) "Video lecture" means a lecture delivered through the use of video technology.

(j) "Video course" means a course delivered through the use of video technology.

(k) "Webinar" means a presentation, lecture, workshop, or seminar that is transmitted over the internet.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

PART Spe 402 PROCEDURES FOR RENEWING A LICENSE AND INDICATING A DECISION NOT TO RENEW

Spe 402.01 Procedure for Licensees Who Do Not Wish to Renew Their Licenses. Any licensee who does not wish to renew his or her license shall so indicate by:

(a) Submitting only the first page of the renewal form on or before December first of the renewal year; and

(b) Completing that page only to the following extent:

(1) Correcting or adding as necessary to the preprinted home mailing address:

(2) Placing on the lines provided for a licensee not wishing to renew:

a. His or her signature; and

b. The date of signing.

Source. #9385, eff 2-7-09; ss by #10683, eff 10-4-14

Spe 402.02 License Renewal Procedure.

(a) A licensee wishing to renew his or her current license shall:

(1) Submit the completed renewal application packet described in Spe 402.03;

(2) Do so by one of the following 3 methods:

a. The timely renewal method consisting of delivery of the completed packet by hand or secure electronic communication on or before December first of the renewal year, or delivery by mail postmarked on or before that date;

b. The late renewal method consisting of:

1. Delivery of the completed packet by hand or secure electronic communication between December 2 and December 31 of the renewal year, or delivery by mail postmarked during the same period; and

2. Inclusion in the packet payment of the late filing fee specified by Ahp 301.02(a) as well as the license renewal fee also specified by Ahp 301.02(a); or

c. If the renewal applicant is on active military duty outside the United States, by delivery of the completed packet by hand, mail or secure electronic communication within 60 days of the renewal applicant’s return to the United States or release from duty, whichever occurs later; and

(3) Have completed 30 hours of maintenance of continuing competence as described in Spe 405.

(b) Pursuant to RSA 328-F:19, III, licenses to be renewed shall lapse if the renewal applicants do not submit the completed renewal application packet within one of the time periods set forth in (a)(2) above.

(c) Renewal applicants whose licenses have lapsed shall not practice speech-language pathology until their licenses have been reinstated by the board.

Source. #9385, eff 2-7-09; ss by #10683, eff 10-4-14

Spe 402.03 License Renewal Application Packet. Applicants for license renewal shall submit the following components of the application packet:

(a) The completed multipart renewal application form described in Spe 402.04;

(b) The documents described in Spe 402.06(a), but no documents proving maintenance of continuing competence; and

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 402.04 Licensure Renewal Application Form.

(a) The renewal application form shall:

(1) Be provided by the board; and

(2) Contain 3 parts as follows:

a. Part one, which shall be available to the public, except for the information required by (d) below;

b. Part 2, which shall be held confidential by the board, except for the information required by (g)(5), (g)(6), and (g)(7) below; and

c. Part 3, which shall be available to the public.

(b) The renewal applicant shall:

(1) Complete the entire renewal application form using a keyboard or by printing legibly in ink; and

(2) Complete all sections of the entire renewal application form or designate them as not applicable.

(c) On part one of the renewal application form the renewal applicant shall correct as necessary the preprinted home mailing address.

(d) Also on part one of the form the renewal applicant shall list the jurisdictions, other than New Hampshire, where the applicant is currently licensed to practice.

(e) Also on part one of the form using the “yes” and no” columns provided, indicate whether:

(1) During the past 27 months, or if not previously reported, the applicant has been found guilty or entered a plea of no contest to any felony or misdemeanor;

(2) During the past 27 months, or if not previously reported, the applicant has been the subject of any disciplinary action by any professional licensing authority;

(3) During the past 27 months, or if not previously reported, the applicant has been denied a license or other authorization to practice in any state or jurisdiction; and

(4) During the past 27 months, or if not previously reported, the applicant has surrendered a license or other authorization to practice issued by any state or jurisdiction in order to avoid or settle disciplinary charges.

(f) Also on part one of the renewal application form the applicant shall place his or her signature and the date of signing below the following preprinted statement:

(g) On confidential part 2 of the renewal application form the applicant shall provide the applicant’s:

(1) Full name;

(2) Home physical address;

(3) Home phone number or personal cell phone number;

(4) Home mailing address;

(5) Place of employment name, if any;

(6) Place of employment mailing address, if any;

(7) Place of employment phone number, if any; and

(8) E-mail address, if applicable.

(h) The renewal applicant shall use the boxes provided to indicate which of the following addresses, if any, the board is permitted to make available to various public entities:

(1) Home mailing address;

(2) Place of employment mailing address; and

(3) None.

(i) The renewal applicant shall designate by checking one of the appropriate boxes how the applicant wishes to receive notifications from the board, that is, either by e-mail or regular mail.

(j) The renewal applicant shall verify his or her social security number and make any necessary corrections to the preprinted number by striking through the incorrect number and writing the corrected number under the following preprinted statement:

"The Governing Board of your profession will deny licensure if you refuse to submit your social security number (SSN). Your professional license will not display your SSN. Your SSN will not be made available to the public.

The Governing Board is required to obtain your social security number for the purpose of child support enforcement and in compliance with RSA 161-B:11. This collection of your social security number is mandatory."

(k) Also on part 2 of the renewal application form the renewal applicant shall, by using the “yes” and “no” columns provided, indicate whether:

(1) The applicant has any reason to believe that the applicant will soon be the subject of a disciplinary proceeding, settlement agreement or consent decree undertaken or issued by a professional licensing board of any state or jurisdiction;

(2) During the past 27 months, or if not previously reported, the applicant had had any malpractice claim has been made against the applicant;

(3) During the past 27 months, or if not previously reported, the applicant has for disciplinary reasons been put on administrative leave, been fired for cause other than staff reductions from the applicants place of employment, or had any privileges limited, suspended or revoked in any:

a. Hospital;

b. Health care setting;

c. Home health care agency;

d. Educational institution; or

e. Other professional setting.

(4) During the past 27 months, or if not previously reported, the applicant has been denied the privilege of taking an examination required for any professional licensure;

(5) During the past 27 months, or if not previously reported, the applicant has had any physical, mental or emotional condition, or any alcohol or substance abuse problem, which could negatively affect the applicant's ability to practice the profession for which licensure is sought;

(6) During the past 27 months, or if not previously reported, the applicant has committed any act(s) that would violate the laws and/or rules that govern the profession for which he or she is applying; and

(7) Pursuant to RSA 125:25-c, the applicant has any ownership interest in any diagnostic or therapeutic service(s) company(ies), and if the answer is “yes”, the applicant shall attach a list of all diagnostic or therapeutic services provided by each company.

(l) On part three of the form the renewal applicant shall:

(1) Place his or her full name and current New Hampshire license number; and

(2) Indicate, by using the check box provided, the allied health profession of licensure.

(m) Also on part three of the renewal applicant shall use the designated columns to report the following information about each continuing professional education course or professional activity constituting maintenance of continuing competence completed since the issuance of the initial license or the last licensure renewal:

(1) Its beginning and ending dates;

(2) Its title;

(3) The name of its sponsor or provider;

(4) The clinical hours attributable to it;

(5) The other hours attributable to it; and

(6) The total number of hours attributable to it.

(n) Also on part three the renewal applicant shall:

(1) Show in the space provided the total hours of continuing professional education and professional activity completed;

(2) Use the designated columns to report the same information required by (h) above for each course or professional activity he or she anticipates will be completed between November 1 and December 31; and

(3) Show in the space provided the total hours of continuing professional education and professional activity anticipated to be completed between November 1 and December 31.

Source. #9385, eff 2-7-09; ss by #10020, eff 11-5-11; ss by #10327, eff 5-4-13; ss by #10683, eff 10-4-14; amd by #10907, eff 8-7-15

Spe 402.05 Effect of the Renewal Applicant’s Signature. The effect of the renewal applicant's signature on part one of the form shall be:

(a) The renewal applicant’s acknowledgement that knowingly making a false statement on the license renewal application form is a misdemeanor under RSA 641:2, I;

(b) The renewal applicant’s certification that:

(1) The information provided on all of the parts of the license renewal application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief;

(2) The applicant has read the statutes and administrative rules of the board; and

(3) The applicant promises to abide by the statutes and administrative rules of the board.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 402.06 Documents.

(a) Applicants for licensure renewal shall include in their application packets:

(1) A detailed report of the relevant circumstances if any of the answers to questions (e)(2) on part one of the renewal application form is in the affirmative; and

(2) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions (m) on part 2 of the renewal application form is in the affirmative.

(b) Applicants shall not include in their application packets documentation of their continuing professional education and professional activities, but shall retain such documents in their own files for at least 3 years.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 402.07 The Board’s Renewal Application Processing Procedures.

(a) If the board, after receiving and reviewing a completed license renewal application packet requires further information or documents to determine the renewal applicant's eligibility, the board shall:

(1) So notify the applicant in writing within 60 days; and

(2) Specify the information or documents it requires.

(b) An application for license renewal shall be complete when the board’s office has received:

(1) The completed application packet; and

(2) Any additional information or documents which may have been requested pursuant to (a) above.

(c) Within 120 days of the date that the renewal application is completed, the board shall issue written approval of, or intent to deny, the application.

(d) The board shall refund the license renewal fee if:

(1) The applicant withdraws the application for license renewal; or

(2) The board denies the application pursuant to this chapter.

(e) A renewal applicant wishing to challenge the board's intent to deny the application for license renewal shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 60 days of the board’s notification of intent to deny; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 402.08 Basis for Renewal of Licensure. The board shall renew the licenses of licensees who:

(a) Have submitted the completed renewal application form within the time limitations set forth in Spe 402.02(a)(2);

(b) Have maintained continuing competence through continuing professional education or continuing professional activity; and

(1) The answers to the questions in Spe 402.04(e)(2) and Spe 402.04(m); and

(2) Any related documents submitted pursuant to Spe 402.06(a).

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 402.09 Non-Completion of Maintenance of Continuing Competence Reported on the Renewal Form.

(a) Renewal applicants who reported on their renewal application form that they anticipated completing continuing professional education between November 1 and December 31 of the renewal year and did not complete the professional education shall:

(1) Report the cancellation or withdrawal to the board no later than 15 days from the date of the cancellation or withdrawal or January 15 ofthe year following the renewal year whichever comes first;

(2) Give a detailed written explanation of why the renewal applicant could not complete the continuing education as reported on the renewal form; and

(3) If the opportunity to complete continuing professional education was prevented by cancellation, provide proof of the cancellation.

Source. #10683, eff 10-4-14

Spe 402.10 Audit Procedure.

(a) The board shall select on a random basis 10% of the renewal applications submitted in each renewal year for an audit of completion with the maintenance of continuing competence required by Spe 405.01.

(b) Audited renewal applicants who reported on the renewal application form that they completed maintenance of continuing competence before December 31 of the renewal year shall:

(1) Submit proof in the form of the documentation described in Spe 406; and

(2) Shall do so no later than February 28 of the year following the renewal year.

(c) If the board observes that the documents submitted pursuant to (b)(1) above do not support the renewal applicant's claim of maintenance of continuing competence, the board shall review the possibility that the renewal applicant made an error on the renewal application form or in submitting documents.

(d) In making the review called for by (c) above the board shall seek further information from the renewal applicant if doing so will aid in the review.

(e) If, having completed the review required by (c) above, the board determines that the renewal applicant made an error in reporting or in submitting documents, but did not intentionally falsely report maintenance of continuing competence, the board shall:

(1) Require correction of the error; or

(2) If the error cannot be corrected issue a notice of hearing to determine if the renewed license should be suspended pursuant to Spe 404.01.

(f) If, having completed the review required by (c) above, the board believes that the renewal applicant has intentionally falsely reported maintenance of continuing competence, the board shall commence a disciplinary adjudicative proceeding in the manner required by Ahp 209.01.

Source. #9385, eff 2-7-09; renumbered by #10683 (from Spe 402.09); ss by #11178, eff 9-17-16

PART Spe 403 REINSTATEMENT OF LICENSURE

Spe 403.01 Licenses Subject to Reinstatement. The following licenses shall be subject to reinstatement by the board:

(a) Licenses suspended for disciplinary reasons as part of a settlement pursuant to Ahp 214 or as part of an order of the board; and

(b) Licenses lapsed pursuant to Spe 402.02(b).

Source. #9406, eff 3-7-09; ss by #9883-A, eff 3-5-11; ss by #11178, eff 9-17-16

Spe 403.02 Reinstatement of Licenses Suspended for Disciplinary Reasons.

(a) The board shall reinstate a license suspended for disciplinary reasons:

(1) In accordance with the terms of the settlement agreement or the disciplinary order of the board, as applicable; and

(2) The applicant for reinstatement submits:

a. A completed, dated, signed and notarized reinstatement application form further described in Spe 403.05;

b. Proof in accordance with Spe 406 of having completed 30 hours of continuing education within the immediate preceding 2 years;

c. A written statement that he or she has not been employed or volunteered in New Hampshire as a speech-language pathologist since the date that his or her license ceased to be valid;

d. Payment of the reinstatement fee set forth in Ahp 301.02(a); and

e. Any documentation required in Spe 303.04 which was not previously provided to the Board.

Source. #9406, eff 3-7-09; ss by #9708, eff 5-8-10; ss by #9883-A, eff 3-5-11; ss by #11178, eff 9-17-16

Spe 403.03 Reinstatement of Licenses Lapsed For No More Than 70 Days. The board shall reinstate licenses lapsed for no more than 70 days if the applicant for reinstatement submits to the board:

(a) A completed, dated, signed and notarized reinstatement application form as further described in Spe 403.06;

(b) A recent passport size photograph as described in Spe 403.07(a);

(d) Evidence of good professional character and reliability as shown by:

(1) The answers to the "yes-no" questions on the confidential and non-confidential parts of the reinstatement application form;

(2) Any detailed reports of the relevant circumstances related to answers to those questions as described in Spe 403.07 (b) and (c);

(e) The statement required by Spe 403.07(d);

(f) Proof in accordance with Spe 405 of having completed any requirement for maintenance of continuing competence left uncompleted at the time the license lapsed; and

(g) Any documentation required in Spe 303.04 which was not previously provided to the Board.

Source. #9883-A, eff 3-5-11; ss by #10683, eff 10-4-14

Spe 403.04 Reinstatement of Licenses Lapsed For Longer Than 70 Days But No More Than Two Years. The board shall reinstate a license lapsed longer than 70 days but no more than 2 years if the reinstatement applicant submits to the board:

(a) All documents as described in Spe 403.03;

(b) A resume as described in Spe 403.07(f);

(d) Letters of verification as described in Spe 403.07(g).

Source. #9406, eff 3-7-09; ss by #9648, eff 1-29-10; ss by #9708, eff 5-8-10; ss by #9883-A, eff 3-5-11 (from Spe 403.03); ss by #10683, eff 10-4-14; ss by #10907, eff 8-7-15

Spe 403.05 Reinstatement of Licenses Lapsed For Longer Than Two Years. The board shall reinstate a license lapsed for longer than 2 years if the reinstatement applicant:

(a) Holds a currently valid certificate of clinical competence, but if the applicant does not hold a currently valid certificate of clinical competence, submit the documents as described in Spe 303.04(e):

(b) Is of good professional character and reliability as evidenced by:

(1) The answers to the "yes-no" questions on the confidential and non-confidential parts of the reinstatement application form;

(2) Any detailed reports of the relevant circumstances related to answers to those questions;

(3) The statement required by Spe 403.07(d); and

(4) Any information received pursuant to Spe 403.07(g);

(1) Completed any requirement for maintenance of continuing competence left uncompleted at the time of the lapse; and

(2) Documented such completion in accordance with Spe 405;

(d) Has paid the reinstatement fee set forth in Ahp 301.02(a);

(e) Has submitted a completed, signed, dated and notarized reinstatement application form further described in Spe 403.05; and

(f) Has submitted the supporting materials described in Spe 403.07.

Source. #9406, eff 3-7-09; ss by #9883-A, eff 3-5-11 (from Spe 403.04); ss by #10907, eff 8-7-15

Spe 403.06 Reinstatement Application Form.

(a) The reinstatement application form shall:

(1) Be completed on the “Reinstatement Application Form” dated June 24, 2015;

(2) Be provided by the board and available on the boards web site, www.nh.gov/alliedhealth; and

(2) Be signed and dated below the following preprinted statement which asserts:

(b) The effect of the reinstatement applicant’s notarized signature on the application form shall be:

(1) The applicant’s acknowledgement that knowingly making a false statement on the application form is a misdemeanor under RSA 641:2, I;

(2) The applicant’s certification that:

a. The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

b. The applicant has read the statutes and administrative rules of the board; and

(3) The applicant’s promise to abide by the statutes and administrative rules of the board.

Source. #9406, eff 3-7-09; ss by #9883-B, eff 3-5-11 (from Spe 403.05); ss by #10907, eff 8-7-15

Spe 403.07 Supporting Materials. The materials supporting the reinstatement application shall be as described below:

(a) A recent passport size, 2" x 2", original head shot photograph;

(b) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on the confidential part of the application form is in the affirmative;

(c) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on the non-confidential part of the application form is in the affirmative;

(d) On a separate sheet, a statement that the reinstatement applicant has not practiced speech-language pathology in New Hampshire since the date the license lapsed;

(e) A photocopy of both sides of a currently valid certificate of clinical competence;

(f) A resume including a chronologically organized account of all the applicant's paid or volunteer activities in another jurisdiction since the date the New Hampshire license lapsed:

(1) Delivering speech-language pathology services directly to clients;

(2) As an educator in speech-language;

(3) As an administrator in speech-language, speech-language pathology, occupational therapy, physical therapy, rehabilitation services, or special education;

(4) Contributing expertise in speech-language to a speech-language pathology board or committee; and

(5) As a speech-language pathology consultant;

(1) Stating that such license or other authorization is or was, during its period of validity, in good standing; and

(2) Stating whether any disciplinary action was taken against the license or other authorization to practice;

(h) An original, not a photocopy, of a criminal offender record report:

(1) Issued by each state where the applicant has resided and/or been licensed within the past 6 years, providing that such state has sent the report:

a. To the board and the board has received the report; or

b. To the applicant for forwarding to the board, and the board has received the report;

(2) Covering the applicant under his or her name and any aliases; and

(3) Dated within the 6 months predating the application for licensure; and

(i) Any documentation required in Spe 303.04 which was not previously provided to the Board.

Source. #9406, eff 3-7-09; ss by 9883-B, eff 3-5-11 (from Spe 403.06); ss by #10327, eff 5-4-13; ss by #10683, eff
10-4-14; ss by #10907, eff 8-7-15; ss by #11178, eff 9-17-16

Spe 403.08 RESERVED

Source. #9406, eff 3-7-09; ss by #9883-B, eff 3-5-11 (from Spe 403.07); rpld by #10907, eff 8-7-15

Spe 403.09 Board's Processing of Applications for Reinstatement of Licensure.

(a) If the board, after receiving and reviewing the reinstatement application, requires further information or documents to determine the applicant's qualification for reinstatement of licensure, the board shall:

(1) So notify the applicant in writing within 60 days; and

(2) Specify the information or documents it requires.

(b) A reinstatement application shall be considered complete on the first date that the board has received the completed reinstatement application form, any supporting materials which are required and any additional information or documents which it may have requested.

(c) The board shall issue written approval or denial of an application for reinstatement of licensure within 120 days of the date that the application is completed.

(d) The board shall refund the reinstatement fee if the board denies the application.

(e) Any applicant wishing to challenge the board's denial of an application for licensure reinstatement shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 60 days of the board's notification of the denial; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant's return to the United States or release from duty, whichever occurs later.

Source. #9406, eff 3-7-09; ss by #9883-A, eff 3-5-11 (from Spe 403.08); ss by #11178, eff 9-17-16

PART Spe 404 REVOCATION, SUSPENSION AND OTHER SANCTIONS

Spe 404.01 Misconduct. Misconduct shall include:

(a) Knowingly or negligently providing inaccurate material information to the board or failing to provide complete and truthful material information upon inquiry by the board, including during the process of applying for an initial, renewed or reinstated license or certificate;

(b) Any criminal conviction in any jurisdiction, excluding traffic violations;

(d) Violation of the ethical standards adopted by the board;

(e) Engaging in sexual misconduct;

(f) Failure to provide care with reasonable skill, safety, and regard for the client's rights, whether or not the client has suffered injury;

(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction;

(h) Practice without a currently valid license or certificate; and

(i) Actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs or any other material, or by reason of mental or physical condition;

(j) Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state; and

(k) Violation of:

(1) Any provision of RSA 328-F;

(2) Any provision of RSA 326-F;

(3) Any rule adopted by the board; or

(4) Any state or federal law reasonably related to the authority of the licensee or certificate holder to practice or the ability of the licensee or certificate holder to practice safely.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 404.02 Sanctions.

(a) Pursuant to RSA 328-F:23, IV(a) through (f), disciplinary measures available to the board to sanction misconduct shall be:

(1) License or certificate revocation;

(2) License or certificate suspension for a specified period of time;

(3) License or certificate suspension conditioned on the achievement of specified continuing competence requirements or continuing education, clinical experience or training;

(4) License or certificate suspension conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program or any other program designed to overcome the deficiency or condition which appears to have caused the misconduct;

(5) A requirement that the practice of the licensee or certificate holder be supervised for a specified period of time by a licensed speech-language pathologist; and

(6) The imposition of an administrative fine not to exceed $1,000 for:

a. Misconduct described in Spe 404.01; and

b. The practice of speech-language pathology by a person who was once licensed or certified to practice speech-language pathology but does not currently hold a valid license or certificate, or who is practicing in violation of the conditions upon which he or she is licensed or certified.

(b) Pursuant to RSA 328-F:23, IV(g), a measure available to the board to sanction the misconduct described in (6)a. or (6)b. above if the misconduct is continuing shall be the imposition of an administrative fine of $100 for each day the misconduct continues after notice from the board that the misconduct shall cease.

(c) An additional measure available to the board to sanction misconduct shall be the denial of renewal or reinstatement of a license or a certificate.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 404.03 Procedure for Imposition of Sanctions. Other than the immediate suspension of a license authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

(a) After prior notice to the licensee or certificate holder in accordance with Ahp 209.01 and the opportunity for the licensee or the certificate holder to be heard; or

(b) By agreement in a settlement between the board and the licensee or certificate holder made pursuant to Ahp 214.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 404.04 Determinations Required for Sanctions.

(a) In determining which sanction or combination of sanctions to impose, the board shall:

(1) First determine the nature of the act or omission constituting the misconduct;

(2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

(3) Finally, apply the standards in Spe 404.05.

(b) The characteristics shall be:

(1) The misconduct actually caused physical or mental harm to the client or another person;

(2) The misconduct had the potential to cause physical or mental harm to the client or another person;

(3) The misconduct repeated earlier misconduct, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on the same misconduct; or

c. An admission by the licensee or certificate holder;

(4) The misconduct was not the first instance of misconduct by the licensee or certificate holder, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on the same misconduct; or

c. An admission by the licensee or certificate holder; and

(5) The misconduct was intentional rather than the result of negligence or inadvertence.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 404.05 Standards for the Selection of Sanctions. The board shall select appropriate sanction(s):

(a) From the list in Spe 404.02; and

(b) By choosing, in light of the characteristics determined pursuant to Spe 404.04(b), the sanction or combination of sanctions most likely to:

(1) Protect public health and safety;

(2) Prevent future misconduct by the licensee or certificate holder;

(3) Take into account any acknowledgement of fault and any cooperation with the board's investigation of misconduct;

(4) Correct any attitudinal, educational, or other deficiencies which led to the misconduct;

(5) Encourage the responsible practice of speech-language pathology; and

(6) Demonstrate to the licensee or certificate holder and the public the board's intention to insure that its licensees and certificate holders practice in accordance with applicable law and the public welfare.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 404.06 Unauthorized Practice. When the board determines that one of the following measures is likely to be the most effective way to stop unauthorized practice as defined in RSA 328-F:27, II, the board shall:

(a) Issue a cease and desist order against the person or entity engaged in the unauthorized practice; or

(b) Seek an injunction against such person or entity.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

PART Spe 405 MAINTENANCE OF CONTINUING COMPETENCE

Spe 405.01 Maintenance of Continuing Competence.

(a) Licensees intending to renew their licensure shall maintain continuing competence by completing per biennium 30 hours of continuing professional education or professional activity further described in Spe 405.02.

(b) At least 15 of the hours required by (a) above shall relate directly to the clinical application of speech-language pathology.

(c) The balance of the hours required by (a) above shall relate to general speech-language pathology theory and practice, including, but not limited to, supervision and consultation skills, curriculum development, and trans-disciplinary issues or skills.

Source. #9385, eff 2-7-09; ss by #10327, eff 5-4-13; ss by #13505, eff 2-10-23

Spe 405.02 Maintenance of Continuing Competence Through Continuing Professional Education and Professional Activity. Continuing competence shall be maintained through the following continuing professional education and professional activities, whether through distance learning or the licensee's presence at the site of the education or activity, so long as the education or activity meets the definition in Spe 401.01(b):

(a) Academic instruction in speech-language pathology, as further described in Spe 405.03;

(b) The completion of non-academic courses, seminars, conferences, and workshops, as further described in Spe 405.04;

(d) Participation in a facility-based in-service training, including grand rounds, as further described in Spe 405.06;

(e) The successful completion of webinars, teleconferences, teleseminars, video lectures and video courses, as further described in Spe 405.07;

(f) New or renewed certification in adult, child and infant cardiopulmonary resuscitation, as further described in Spe 405.08;

(g) Infection control education, as further described in Spe 405.09;

(h) Journal study, as further described in Spe 405.10;

(i) Training required by the licensee's employer, as further described in Spe 405.11;

(j) Publication of a journal or magazine article related to speech-language pathology, as further described in Spe 405.12;

(k) Public professional presentations relating to speech-language pathology, as further described in Spe 405.13;

(l) Participation in a speech-language pathology research project, as further described in Spe 405.14;

(m) Product development, as further described in Spe 405.15; and

(n) Teaching a course related to speech-language pathology, as further described in Spe 405.16.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 405.03 Academic Instruction in Speech-Language Pathology.

(a) The board shall recognize as maintenance of continuing competence a licensee's academic instruction in speech-language pathology, provided that:

(1) The instruction is not that required for initial licensure; and

(2) The instruction is sponsored or given, and assigned credit by, a college or university.

(b) The board shall credit the licensee with the number of hours assigned by the college or university.

(c) Documentation of academic instruction shall be a photocopy of an official transcript issued by the college or university.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 405.04 Completion of Non-Academic Courses, Seminars, Conferences and Workshops.

(a) The board shall recognize as maintenance of continuing competence the completion of non-academic courses, seminars, conferences, and workshops, if they are on the topics of:

(1) Speech-language pathology theory or practice or both;

(2) Communication disorders; or

(3) Any conditions for which the services of a speech-language pathologist are often or usually recommended.

(b) The board shall credit the licensee with one hour for each clock hour of attendance at such non-academic courses, seminars, conferences, and workshops.

(1) A photocopy or the original of an official ASHA continuing education registry transcript;

(2) A photocopy of a certificate of attendance showing:

a. The name and location of the course, seminar, conference, or workshop;

b. The name of the provider or sponsoring entity;

c. The beginning and ending date(s) of the course, seminar, conference, or workshop;

d. The number of hours credited by the provider or sponsoring entity;

e. The name of the speaker or instructor; and

f. The signature of the speaker, the instructor, or a representative of the provider or sponsoring entity; or

(3) In place of one of the documents described in (1) and (2) above:

a. A brochure or notice providing the information described in (c)(2)a. through (c)(2)d. above; and

b. A photocopy of a confirmation of registration or a receipt showing payment for the course, seminar, conference or workshop.

Source. #9385, eff 2-7-09; ss by #9709, eff 5-8-10; ss by #11178, eff 9-17-16

Spe 405.05 Educational Events Held at ASHA Conventions.

(a) The board shall recognize as maintenance of continuing competence the completion of educational events related to speech-language pathology which are held at ASHA conventions, including but not limited to:

(1) Short courses;

(2) Mini seminars;

(3) Technical sessions; and

(4) Poster sessions.

(b) For each educational event the board shall credit the licensee with the hours credited by ASHA.

(1) A photocopy or the original of an official ASHA continuing education registry transcript; or

(2) If the licensee is not an ASHA member or did not pay for a registry transcript:

a. A certificate of attendance showing:

1. The name of the licensee;

2. The name or title of the event; and

3. The date and hour(s) of the event; and

b. A proof of registration for the ASHA convention together with a personally maintained record showing the information called for by a.1. through a.3. above.

Source. #9385, eff 2-7-09; ss by #9709, eff 5-8-10; ss by #11178, eff 9-17-16

Spe 405.06 Participation in a Facility-Based In-Service Training, Including Grand Rounds.

(a) The board shall recognize as maintenance of continuing competence a licensee's participation as a speaker or attendee in a facility-based in-service training, including grand rounds, when the topic of the training is:

(1) In the field of speech-language pathology; or

(2) Related to any psychological or physical condition for which speech-language pathology is often or usually recommended.

(b) The board shall credit the licensee with one hour for each clock hour of such participation.

(1) A photocopy of a continuing medical education transcript;

(2) A photocopy or the original of an official ASHA continuing education registry transcript; or

(3) A photocopy of a certificate of attendance:

a. Signed by:

1. The director of the facility;

2. The supervisor of the department giving the in-service training; or

3. The sponsor of the in-service training; and

b. Showing:

1. The licensee's name and whether the licensee was a speaker or an attendee;

2. The date and topic of the in-service training;

3. The name of the facility; and

4. The duration of the licensee's participation.

Source. #9385, eff 2-7-09; ss by #9709, eff 5-8-10; ss by #11178, eff 9-17-16

Spe 405.07 The Successful Completion of Webinars, Teleconferences, Teleseminars, Video Lectures and Video Courses.

(a) The board shall recognize as maintenance of continuing competence the successful completion of webinars, teleconferences, teleseminars, video lectures and video courses so long as they:

(1) Are on the topics of:

a. Speech-Language pathology theory or practice or both;

b. Communication disorders; or

c. Any conditions for which the services of a speech-language pathologist are often or usually recommended; and

(2) Contain an assessment or evaluation protion for the attendee to complete.

(b) The board shall credit the licensee with the number of hours assigned by sponsor or provider of the webinar, teleconference, teleseminar, video lecture or video course.

(1) A photocopy or the original of an official ASHA continuing education registry transcript; or

(2) A photocopy of a certificate of successful completion issued by the sponsor or provider of the webinar, teleconference, teleseminar, video lecture or video course.

Source. #9385, eff 2-7-09; ss by #9709, eff 5-8-10; ss by #10327, eff 5-4-13

Spe 405.08 New or Renewed Certification in Adult, Child and Infant Cardiopulmonary Resuscitation.

(a) The board shall recognize as maintenance of continuing competence either initial or renewed certification in adult, child, and infant cardiopulmonary resuscitation issued during the license renewal cycle by:

(1) The American Heart Association;

(2) The American Red Cross;

(3) The American Safety and Health Institute;

(4) Medic First Aid; or

(5) Any other nationally recognized organization providing training in infant, child, and adult cardiopulmonary resuscitation.

(b) The board shall credit the licensee with 4 hours per renewal cycle for such initial or renewed certification.

(1) A photocopy of the front and back of the licensee's current cardiopulmonary resuscitation certificate, also known as basic life skills for healthcare providers, issued by the American Heart Association;

(2) A photocopy of the front and back of the licensee's current certificate in adult cardiopulmonary resuscitation issued by the American Red Cross together with a photocopy of the front and back of the licensee's current certificate in infant and child cardiopulmonary resuscitation issued by the American Red Cross; or

(3) The front and back of a current certificate in adult, child and infant cardiopulmonary resuscitation issued by Medic First Aid, by the American Safety and Health Institute or by any other nationally recognized organization providing training in infant, child and adult cardiopulmonary resuscitation.

Source. #9385, eff 2-7-09; ss by #9560, eff 10-8-09; ss by #11178, eff 9-17-16

Spe 405.09 Infection Control Education.

(a) The board shall recognize as maintenance of continuing competence a licensee's education in infection control.

(b) The board shall credit the licensee with one hour for each clock hour spent receiving infection control education, to a maximum of 2 hours per renewal cycle.

(1) A medical education transcript issued by a hospital or other medical facility;

(2) A photocopy or the original of an official ASHA continuing education registry transcript; or

(3) A certificate showing:

a. The name of the licensee;

b. The title or subject matter of the education;

c. The date of the education; and

d. The signature of the educator or the sponsor of the education.

Source. #9385, eff 2-7-09; ss by #9709, eff 5-8-10; ss by #11178, eff 9-17-16

Spe 405.10 Journal Study.

(a) The board shall recognize as maintenance of continuing competence a licensee's study of a journal article, including answering the questions provided with the article, so long as the article is related to:

(1) Speech-language pathology theory or practice or both;

(2) Communication disorders; or

(3) Any conditions for which the services of a speech-language pathologist are often or usually recommended.

(b) The board shall credit the licensee with a maximum of 12 hours per renewal cycle for studying the journal article and answering the questions.

(1) A photocopy or the original of an official ASHA continuing education registry transcript; or

(2) A photocopy of a certificate showing:

a. The name of the licensee;

b. The title of the journal article;

c. The name of the sponsor or provider of the journal study; and

d. The date of the licensee's completion of the journal study.

Source. #9385, eff 2-7-09; ss by #9709, eff 5-8-10; ss by #11178, eff 9-17-16

Spe 405.11 Training Required By the Licensee's Employer.

(a) The board shall recognize as maintenance of continuing competence one or more of the following kinds of training required by the licensee's employer:

(1) Client confidentiality and privacy laws;

(2) Ethics;

(3) Sexual harassment;

(4) Leadership in the field; and

(5) Supervision skills.

(b) The board shall credit the licensee with one hour for each clock hour of training received by the licensee to a maximum of 2 hours per renewal cycle.

(1) Stating the licensee has received the training;

(2) Identifying the topic of the training;

(3) Stating the number of hours of the training; and

(4) Signed by a representative of the employer or of the entity presenting the training.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 405.12 Publication of a Journal or Magazine Article Related to Speech-Language Pathology.

(a) The board shall recognize as maintenance of continuing competence a licensee's publication in a journal or magazine of an article related to speech-language pathology.

(b) The board shall credit the licensee with 12 hours for such publication.

(c) Documentation of such publication shall be a copy of the article showing the licensee's name as author or co-author and the publication date.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 405.13 Public Professional Presentations Relating to Speech-Language Pathology.

(a) The board shall recognize as maintenance of continuing competence public professional presentations relating to speech-language pathology, including workshops, lectures, and in-service trainings.

(b) The board shall credit the licensee with 2 hours for each clock hour of a public presentation, to a maximum of 8 hours per renewal cycle, provided that, if the licensee gives the same public presentation more than once, the board shall credit the licensee for only a single presentation.

(1) A photocopy of the official program of the presentation showing:

a. The name and date of the presentation;

b. The licensee as presenter; and

c. The number of hours of the presentation;

(2) A photocopy of an advertisement or brochure for the presentation showing the same information; or

(3) A photocopy of a written verification of the presentation:

a. Showing the same information; and

b. Signed by a representative of the presentation's sponsor.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 405.14 Participation in a Speech-Language Pathology Research Project.

(a) The board shall recognize as maintenance of continuing competence participation in a speech-language pathology research project.

(b) The board shall credit the licensee with 12 hours per renewal cycle for participation in such a research project.

(c) Documentation of participation in a research project shall be a statement signed by the licensee's research supervisor, the principal investigator, or a representative of the project's grant sponsor showing:

(1) The name or topic of the research project;

(2) The licensee's role in the research project; and

(3) The beginning and ending dates of the licensee's participation in the project.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 405.15 Product Development.

(a) The board shall recognize as maintenance of continuing competence the development of a product:

(1) Useful in the practice of speech-language pathology; and

(2) Disseminated by a manufacturer, distributor, publisher, or government agency.

(b) The board shall credit the licensee with 4 hours for the development of such a product.

(c) Documentation of product development shall be statement written on its business letterhead by the disseminating manufacturer, distributor, publisher or agency acknowledging the licensee as the product developer.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

Spe 405.16 Teaching a Course Related to Speech-Language Pathology.

(a) The board shall recognize as maintenance of continuing competence teaching a college or university course:

(1) Related to:

a. Speech-language pathology theory or practice or both;

b. Communication disorders; or

c. Any conditions for which the services of a speech-language pathologist are often or usually recommended; and

(2) Taught:

a. On site at a college or university;

b. On line; or

c. By a combination of a. and b.

(b) The board shall credit the licensee with 2 hours for each clock hour of teaching, to a maximum of 8 hours per renewal cycle, provided that, if the licensee teaches the same course more than once, the board shall credit the licensee for only a single course.

(1) A photocopy of the course description in the college or university catalog; or

(2) A photocopy of the course syllabus.

Source. #9385, eff 2-7-09; ss by #11178, eff 9-17-16

PART Spe 406 ONGOING REQUIREMENTS

Spe 406.01 Administrative Obligations of Licensees.

(a) Licensees shall send to the board’s office within 30 days any changes in:

(1) The licensee’s name;

(2) Home or business physical addresses;

(3) Home or business mailing addresses;

(4) Home or business telephone number or personal cell phone number if provided to the board;

(5) E-mail address;

(b) Licensees shall report to the board’s office within 30 days:

(1) Any misdemeanor or felony conviction;

(2) Any act which constitutes misconduct under Spe 404.01; and

(3) Any license or other proof of licensure that was issued by the board and has been lost or stolen.

(b) Licensees shall retain documentation of their continuing professional education and professional activities for at least 3 years.

(c) Licensees shall not supervise provisional licensees earlier than 3 years from the date of the licensee’s initial license.

(d) Individuals holding a currently valid provisional license under these rules shall use “CFY/NH Provisional" following his or her written name.

(e) Unless licensed as a provisional licensee under these rules, no person shall represent himself or herself, or the services offered by using “CFY/NH Provisional”, or any other similar words, if the intent of such use is to imply that the person is currently practicing under a provisional license.

Source. #9710, eff 5-8-10; ss by #10327, eff 5-4-13; ss by #10683, eff 10-4-14

Spe 406.02 Licensees’ Delegation of Supportive Tasks to Individuals Not Certified by the Board. A licensee shall delegate supportive tasks to an individual not certified by the board only when in compliance with Principles I – IV and the remaining ethical standards referenced in Spe 500.

Source. #12486, eff 3-1-18

CHAPTER Spe 500 ETHICAL STANDARDS

PART Spe 501 DEFINITIONS

Spe 501.01 Definitions. The following terms shall have the following meanings:

(a) "American Speech-Language-Hearing Association (ASHA)" means the national professional organization of speech-language pathologists and audiologists.

(b) "Certificate of Clinical Competence (CCC)" means the professional credential issued by the Council for Clinical Certification of ASHA on the basis of successful completion of specified academic requirements, specified practicum requirements, an examination, and specified post-graduate professional experience.

Source. #9407, eff 3-7-09; ss by #11137, eff 7-9-16

PART Spe 502 SCOPE

Spe 502.01 Scope. The ethical standards in Spe 503 shall apply to:

(a) Licensees of the governing board of speech-language pathologists, whether or not they hold the certificate of clinical competence; and

(b) Individuals certified by the board as speech-language assistants.

Source. #9407, eff 3-7-09; ss by #11137, eff 7-9-16

PART Spe 503 ETHICAL STANDARDS

Spe 503.01 Ethical Standards for Speech-Language Pathologists and Speech-Language Assistants. The ethical standards for speech-language pathologists and speech-language assistants shall be the ASHA code of ethics effective March 1, 2016 with the modifications described in Spe 503.02, available as noted in Appendix II at no cost.

Source. #9407, eff 3-7-09; ss by #11137, eff 7-9-16

Spe 503.02 Modifications of the ASHA Code of Ethics. Modifications to the ASHA code of ethics shall be as follows:

(a) The exclusion of the preamble to the ASHA code of ethics;

(b) Change “Individuals who hold the Certificate of Clinical Competence” to “Individuals” throughout the document.

(d) The exclusion of F., P., S. and T. under Principle of Ethics IV.

Source. #9407, eff 3-7-09; ss by #11137, eff 7-9-16

CHAPTER Spe 600 SPEECH-LANGUAGE ASSISTANTS

PART Spe 601 SCOPE

Spe 601.01 Scope. Pursuant to RSA 326-F:2, I(b) Spe 600 shall apply to individuals seeking certification as speech-language assistants by the governing board of speech-language pathologists and also to speech-language assistants certified by the board, but not to individuals who are employed by the public schools of New Hampshire or individuals who are employed by schools approved by the department of education.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

PART Spe 602 DEFINITIONS

Spe 602.01 Definitions.

(a) "American Speech-Language-Hearing Association (ASHA)" means the national professional organization of speech-language pathologists and audiologists.

(b) “Clinical time” means the direct time the supervisor spends with the student during the hours of the work week spent in therapy sessions.

(c) “Direct supervision” means in-view observation and guidance by a speech-language pathologist (SLP) while an assigned activity is performed by an individual being supervised, provided in person or via real time telecommunication technology, and includes but is not limited to:

(1) Observing a portion of the screening or treatment procedures performed;

(2) Coaching; and

(3) Modeling by demonstrating skills to be performed.

(d) “Indirect supervision” means supervision through:

(1) The supervisor’s review of the treatment progress notes made by the individual supervised;

(2) Telephone conversations between the supervisor and the individual supervised;

(3) Electronic correspondence between the supervisor and the individual supervised; and

(4) Any other form of supervision which is not direct supervision.

(e) “Maintenance of continuing competence” means engaging in continuing professional education or continuing professional activity to develop and maintain for the purpose of performing professional responsibilities the following abilities:

(1) Knowledge;

(2) Performance skills;

(3) Interpersonal abilities;

(4) Critical reasoning; and

(5) Ethical reasoning.

(f) "Speech-language assistant" means “speech-language assistant”, as defined in RSA 326-F:1, XI, namely, “any person certified by the board who meets minimum qualifications established by the board which are less than those established by this chapter as necessary for licensing as a speech-language pathologist, and who does not act independently but works under the direction and supervision of a speech-language pathologist licensed this chapter”.

(g) "Teleconference" means a live exchange of information from a remote location linked by a telecommunication system.

(h) "Teleseminar" means a teleconference.

(i) "Video lecture" means a lecture delivered through the use of video technology.

(j) "Video course" means a course delivered through the use of video technology.

(k) "Webinar" means a presentation, lecture, workshop, or seminar that is transmitted over the internet.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16; ss by #13872, eff 3-9-24

PART Spe 603 INITIAL CERTIFICATION

Spe 603.01 Eligibility for Initial Certification as a Speech-Language Assistant.

(a) The board shall issue an initial certification as a speech-language assistant to an individual who:

(1) Holds a 2-year associate's degree or a higher degree in speech-language pathology, communication sciences and disorders or communication disorders, awarded by an educational program accredited by:

a. The Council on Academic Accreditation in Speech-Language Pathology and its predecessor and successor organization(s); or

b. One of the following regional accrediting bodies:

1. The Middle States Association of Colleges and Schools;

2. The New England Association of Schools and Colleges;

3. The North Central Association of Colleges and Schools;

4. The Northwest Association of Schools and Colleges;

5. The Southern Association of Colleges and Schools; or

6. The Western Association of Schools and Colleges;

(2) Is of good professional character and reliability as evidenced by:

a. The answers to the "yes-no" questions on part one of the board-provided initial-certification application form for license applications as described in Spe 303.02(g);

b. The answers to the "yes-no" questions on part 2 of the board-provided initial-certification application form for license applications as described in Spe 303.02(j);

c. Reports submitted pursuant to Spe 603.02(b)(2) or (b)(3), if any;

d. The letters of reference required by Spe 603.02(b)(6); and

e. Criminal offender record reports pursuant to Spe 603.02(b)(8);

(3) Complies with the application procedures set forth in Spe 603.02; and

(4) Pays the certification fee set forth in Ahp 301.02.

(b) “Based on the board’s determination pursuant to RSA 332-G:7 no military experience is applicable to the education of speech-language assistants. Military experience shall not be considered when determining whether an applicant meets the educational requirements for certification.

Source. #9711, eff 5-8-10; ss by #10684, eff 10-4-14; ss by #10878, eff 7-9-15

Spe 603.02 Application Procedures for Initial Certification as a Speech-Language Assistant. An applicant for initial certification as a speech-language assistant shall:

(a) Complete and submit the board-provided application form described in Spe 303.02; and

(b) Submit the following documents or arrange for the board's office to receive them, as applicable:

(1) A recent passport size, 2" x 2", original head-shot photograph;

(2) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on part one of the application form is in the affirmative;

(3) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on part 2 of the application form is in the affirmative;

(4) Proof of having met the required educational degree in the form of one of the following documents sent directly to the board's office by the issuing educational institution:

a. An authenticated official transcript showing the issuance of the required degree;

b. An official letter verifying that the applicant has graduated, combined with an authenticated official transcript showing the issuance of the degree as soon as the transcript is available; or

c. An official letter verifying that the applicant successfully completed the requirements for the degree, combined with an authenticated official transcript showing the issuance of the degree as soon as the transcript is available;

(5) A resume including a chronologically organized account of any paid or volunteer activities engaged in by the applicant during the immediately preceding 18 months;

(6) Unless the information is available only on a website, an official letter of verification sent directly to the board from every jurisdiction which has issued a certification or other authorization to practice as a speech-language assistant stating whether:

a. The applicant is or was, during his or her period of validity, in good standing, and

b. Whether any disciplinary action was taken against the applicant; and

(7) An original, not a photocopy, of a criminal offender record report:

a. Issued by each state where the applicant has resided and/or been licensed within the past 6 years, providing that such state has sent the report:

1. To the board and the board has received the report; or

2. To the applicant for forwarding to the board, and the board has received the report;

b. Covering the applicant under his or her name and any aliases; and

c. Dated within the 6 months preceding the application for licensure.

Source. #9711, eff 5-8-10; ss by #10684, eff 10-4-14; ss by #10878, eff 7-9-15

Spe 603.03 Letters of Reference. - REPEALED

Source. #9711, eff 5-8-10; rpld by #10878, eff 7-9-15

Spe 603.04 The Board's Processing of Applications.

(a) If, after reviewing the application materials, the board requires further information or documents to determine the applicant's qualification for initial certification, the board shall:

(1) So notify the applicant in writing within 60 days; and

(2) Specify the information or documents it requires.

(b) An application shall be deemed complete on the first date that the board has received:

(1) Cash for the certification fee or the proceeds of the check or money order written for the certification fee;

(2) The materials required by Spe 603.02; and

(3) Any additional information or documents which may have been requested pursuant to (a) above.

(c) The application shall be denied if the application is not completed within 54 weeks of the receipt by the board of the application-form part of the application materials.

(d) The board shall issue written approval or denial of an application within 120 days of the date that the application and supporting materials are completed.

(e) The board shall refund the certification fee if:

(1) The applicant withdraws the application;

(2) The application is not completed within 54 weeks of receipt by the board of the application-form part of the application packet; or

(3) The board denies the application.

(f) An applicant wishing to challenge the board's denial of an application for initial certification shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 60 days of the board's notification of the denial; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant's return to the United States or release from duty, whichever occurs later.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

PART Spe 604 RENEWAL OF CERTIFICATION

Spe 604.01 Procedure for Individuals Who Do Not Wish to Renew Their Certification as Speech-Language Assistants. An individual who does not wish to renew his or her certification as a speech-language assistant shall so indicate by:

(a) Submitting only the first page of the board-provided renewal form on or before December first of the renewal year; and

(b) Completing that page only to the following extent:

(1) Adding to or correcting as necessary the following to the preprinted home mailing address:

(2) Placing on the lines provided for a person not wishing to renew:

a. His or her signature; and

b. The date of signing.

Source. #9711, eff 5-8-10; ss by #10684, eff 10-4-14

Spe 604.02 Certification Renewal Procedure.

(a) An individual wishing to renew his or her current certification shall submit:

(1) A completed board-provided renewal form as described in Spe 402.04;

(2) The documents specified in Spe 604.03, but no documents proving the maintenance of continuing competence; and

(3) Payment of the renewal fee specified in Ahp 301.02.

(b) The materials described in (a) above shall be:

(1) Delivered by hand or secure electronic communication on or before December first of the renewal year;

(2) Received by the board's office by mail postmarked on or before December first of the renewal year; or

(3) If the renewal applicant is on active military duty outside the United States, delivered by hand, secure electronic communication or mail within 60 days of the renewal applicant’s return to the United States or release from duty, whichever occurs later.

(d) An individual whose certification has lapsed shall not work or volunteer as a speech-language assistant until the certification has been reinstated by the board.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 604.03 Documents.

(a) An applicant for renewal of certification shall submit:

(1) A detailed report of the relevant circumstances if any of the answers to questions (e)(2) on part one of the renewal application form is in the affirmative; and

(2) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions (m) on part 2 of the renewal application form is in the affirmative.

(b) The applicant shall not submit documentation of maintenance of continuing competence, but shall retain such documentation in his or her own files for at least 3 years.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 604.04 The Board’s Renewal Application Processing Procedures. The board's procedures for processing applications for renewal of certification shall be the same procedures as those described in Spe 402.07 for the processing of applications for renewal of licensure.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 604.05 Basis for Renewal of Certification. The board shall renew the certification of an applicant who:

(a) Has complied with the renewal procedure set forth in Spe 604.02;

(b) Has maintained continuing competence as required by Spe 605.01; and

(1) The answers to the questions on the renewal application form described in Spe 402.04(e)(2) and Spe 402.04(m); and

(2) Related documents submitted pursuant to Spe 604.03(a), if any are required.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 604.06 Non-Completion of Maintenance of Continuing Competence Reported on the Renewal Form.

(1) Report the cancellation or withdrawal to the Board no later than 15 days from the date of the cancellation or withdrawal or January 15 ofthe year following the renewal year whichever comes first;

(2) Give a detailed written explanation of why the renewal applicant could not complete the continuing education as reported on the renewal form; and

(3) If the opportunity to complete continuing professional education was prevented by cancellation, provide proof of the cancellation.

Source. #10684, eff 10-4-14

Spe 604.07 Audit Procedure. The board's procedure for auditing compliance with the maintenance of continuing competence requirement for the renewal of certification shall be the same procedure as the procedure described in Spe 402.09 for auditing compliance with the maintenance of continuing competence requirement for the renewal of licensure.

Source. #9711, eff 5-8-10; renumbered by #10684 (from Spe 604.06); ss by #11138, eff 7-9-16

PART Spe 605 MAINTENANCE OF CONTINUING COMPETENCE

Spe 605.01 Requirements for Maintenance of Continuing Competence.

(a) To renew their certification speech-language assistants shall maintain continuing competence by completing per biennium 12 hours of continuing professional education or professional activity as further described in (b) below.

(b) Continuing professional education and professional activity shall be:

(1) Related to the clinical application of speech-language pathology;

(2) Beyond entry-level professional preparation and designed to provide advanced or enhanced knowledge in the field of speech-language pathology; and

(3) In accordance with Spe 605.02.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 605.02 Continuing Professional Education and Professional Activity.

(a) Continuing professional education and professional activity shall be in the form of distance learning or on-site education or activity.

(b) Continuing professional education and professional activity shall consist of one or more of the following:

(1) Completion of academic instruction in speech-language pathology, as further described in Spe 605.03;

(2) The completion of non-academic courses, seminars, conferences and workshops, as further described in Spe 605.04;

(3) Educational events held at ASHA conventions, as further described in Spe 605.05;

(4) Participation in a facility-based in-service training, including grand rounds, as further described in Spe 605.06; and

(5) The successful completion of webinars, teleconferences, teleseminars, video lectures and video courses, as further described in Spe 605.07.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 605.03 Academic Instruction in Speech-Language Pathology.

(a) The board shall recognize as maintenance of continuing competence a certificate holder's academic instruction in speech-language pathology, provided that:

(1) The instruction is not that required for initial certification; and

(2) The instruction is sponsored or given, and assigned credit by, a college or university.

(b) The board shall credit the licensee with the number of hours assigned by the college or university.

(c) Documentation of academic instruction shall be a photocopy of an official transcript issued by the college or university.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 605.04 Completion of Non-Academic Courses, Seminars, Conferences and Workshops.

(a) The board shall recognize as maintenance of continuing competence the completion of non-academic courses, seminars, conferences and workshops, if they are on the topics of:

(1) Speech-language pathology theory or practice or both;

(2) Communication disorders; or

(3) Any conditions for which the services of a speech-language pathologist are often or usually recommended.

(b) The board shall credit the certificate holder with one hour for each clock hour of attendance at such non-academic courses, seminars, conferences and workshops.

(1) A photocopy of a certificate of attendance showing:

a. The name and location of the course, seminar, conference or workshop;

b. The name of the provider or sponsoring entity;

c. The beginning and ending date(s) of the course, seminar, conference or workshop;

d. The number of hours credited by the provider or sponsoring entity;

e. The name of the speaker or instructor; and

f. The signature of the speaker, the instructor or a representative of the provider or sponsoring entity; or

(2) In place of a certificate of attendance:

a. A brochure or notice providing the information described in (c)(1)a. through (c)(1)d. above; and

b. A photocopy of a confirmation of registration or a receipt showing payment for the course, seminar, conference or workshop.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 605.05 Educational Events Held at ASHA Conventions.

(1) Short courses;

(2) Mini seminars;

(3) Technical sessions; and

(4) Poster sessions.

(b) For each educational event the board shall credit the certificate holder with the hours credited by ASHA.

(1) A certificate of attendance showing:

a. The name of the licensee;

b. The name or title of the event;

c. The date and hour(s) of the event; and

d. The signature of an ASHA representative; or

(2) A proof of registration for the ASHA convention together with a personally maintained record showing the information called for by (1)a. through (1)c. above.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 605.06 Participation in a Facility-Based In-Service Training, Including Grand Rounds.

(a) The board shall recognize as maintenance of continuing competence a certificate holder's participation as an attendee in a facility-based in-service training, including grand rounds, when the topic of the training is:

(1) In the field of speech-language pathology; or

(2) Related to any psychological or physical condition for which speech-language pathology is often or usually recommended.

(b) The board shall credit the certificate holder with one hour for each clock hour of such participation.

(1) A photocopy of a continuing medical education transcript; or

(2) A photocopy of a certificate of attendance:

a. Signed by:

1. The director of the facility;

2. The supervisor of the department giving the in-service training; or

3. The sponsor of the in-service training; and

b. Showing:

1. The certificate holder's name as an attendee;

2. The date and topic of the in-service training;

3. The name of the facility; and

4. The duration of the certificate holder's participation.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 605.07 Successful Completion of Webinars, Teleconferences, Teleseminars, Video Lectures and Video Courses.

(a) The board shall recognize as maintenance of continuing competence the successful completion of webinars, teleconferences, teleseminars, video lectures and video courses so long as they are on the topics of:

(1) Speech-language pathology theory or practice or both;

(2) Communication disorders; or

(3) Any conditions for which the services of a speech-language pathologist are often or usually recommended.

(b) The board shall credit the certificate holder with the number of hours assigned by the sponsor or provider of the webinar, teleconference, teleseminar, video lecture or video course.

(c) Documentation shall be a photocopy of a certificate of successful completion issued by the sponsor or provider of the webinar, teleconference, teleseminar, video lecture or video course.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

PART Spe 606 REINSTATEMENT OF CERTIFICATION

Spe 606.01 Certifications Subject to Reinstatement. The following certifications shall be subject to reinstatement by the board:

(a) Certifications suspended pursuant to Spe 402.09(f)(2) because of an uncorrectable error in reporting or documenting maintenance of continuing competence which was identified during an audit;

(b) Certifications suspended for disciplinary reasons as part of a settlement pursuant to Ahp 214 or as part of an order of the board; and

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 606.02 Reinstatement of Certifications Suspended Pursuant to Spe 402.09(f)(2) and Reinstatement of Certifications Suspended for Disciplinary Reasons.

(a) The board shall reinstate a certification suspended pursuant to Spe 402.09(f)(2) if:

(1) The suspension occurred not more than 70 days before the reinstatement application is submitted to the board; and

(2) The applicant for reinstatement submits:

a. A completed, dated, signed and notarized reinstatement application form;

b. A detailed report of the relevant circumstances if the answers to any of the "yes-no" questions on the confidential and non-confidential parts of the reinstatement application form, as described for license applications in Spe 303.02(f) and (i), are affirmative;

c. If maintenance of continuing competence was incomplete on the date the certification was suspended, documents as further described in Spe 605 in proof of having completed the required maintenance of continuing competence; and

d. A written statement that he or she has not been employed or volunteered in New Hampshire as a speech-language assistant since the date that his or her license was suspended; and

(3) The applicant for reinstatement submits payment of the reinstatement fee set forth in Ahp 301.02(a).

(b) The board shall reinstate a certification suspended for disciplinary reasons:

(1) In accordance with the terms of the settlement agreement or the disciplinary order of the board, as applicable; and

(2) After receiving payment of the reinstatement fee set forth in Ahp 301.02(a).

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16

Spe 606.03 Reinstatement of Certifications Lapsed No Longer Than Two Years.

(a) The board shall reinstate a certification lapsed no longer than 2 years if the reinstatement applicant submits to the board:

(1) A completed, signed, dated and notarized reinstatement application form;

(2) The supporting documents listed in (b) below; and

(3) Payment of the reinstatement fee set forth in Ahp 301.02(a).

(b) The supporting documents shall be:

(1) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on the confidential part of the reinstatement application form, as described for license applications in Spe 303.02(g), is in the affirmative;

(2) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on the non-confidential part of the reinstatement application form, as described for license applications in Spe 303.02(j), is in the affirmative;

(3) On a separate sheet, a statement that the reinstatement applicant has not volunteered or been employed in New Hampshire as a speech-language assistant since the date his or her certification lapsed;

(4) If maintenance of continuing competence was incomplete on the date the certification lapsed, documents as further described in Spe 605 as proof of having completed the required maintenance of continuing competence; and

(5) An original, not a photocopy, of a criminal offender record report:

a. Issued by each state where the applicant has resided and/or been licensed within the past 6 years, providing that such state has sent the report:

1. To the board and the board has received the report; or

2. To the applicant for forwarding to the board, and the board has received the report;

b. Covering the applicant under his or her name and any aliases; and

c. Dated within the 6 months preceding the application for licensure;

(6) A resume including a chronologically organized account of any paid or volunteer activities engaged in by the applicant during the immediately preceding 18 months; and

(7) On a separate sheet, a statement that the reinstatement applicant has not practiced as a speech-language assistant in New Hampshire since the date the certificate lapsed.

Source. #9711, eff 5-8-10; ss by #10684, eff 10-4-14; ss by #11138, eff 7-9-16

Spe 606.04 Reinstatement of Certifications Lapsed For Longer Than Two Years. The board shall reinstate a certification lapsed for longer than 2 years if the reinstatement applicant:

(a) Is of good professional character and reliability as evidenced by:

(1) The answers to the "yes-no" questions on the confidential and non-confidential parts of the reinstatement application form as described for license applications in Spe 303.02(g) and (j);

(2) Detailed reports related to answers to those questions required by Spe 606.06(b) and (c), if any are required;

(3) The statement required by Spe 606.06(d); and

(4) Information received pursuant to Spe 606.06(f);

(b) Has, within the immediately preceding 24 months, maintained competence by completing 12 hours of continuing professional education or professional activity further described in Spe 605.01 and Spe 605.02;

(d) Payment of the reinstatement fee set forth in Ahp 301.02(a); and

(e) Submits the supporting materials specified in Spe 606.06.

Source. #9711, eff 5-8-10; ss by #10684, eff 10-4-14; ss by #10878, eff 7-9-15

Spe 606.05 Reinstatement Application Requirements When Certification has Lapsed for Longer Than Two Years. An individual applying for reinstatement of certification after his or her certification has lapsed for longer than 2 years shall submit to the board:

(a) A completed, dated, signed and notarized reinstatement application form;

(b) The supporting materials specified in Spe 606.06; and

Source. #9711, eff 5-8-10; ss by #10878, eff 7-9-15; ss by #11138, eff 7-9-16

Spe 606.06 Supporting Materials for Reinstatement When Certification Has Lapsed for Longer Than Two Years. The materials supporting an application for reinstatement of certification when certification has lapsed for longer than 2 years shall be:

(a) A recent passport size, 2" x 2", original head shot photograph;

(b) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on the confidential part of the application form, for license applications as described in Spe 303.03(g), is in the affirmative;

(c) On a separate sheet, a detailed report of the relevant circumstances if any of the answers to the "yes-no" questions on the non-confidential part of the application form, for license applications as described in Spe 303.02(j), is in the affirmative;

(d) On a separate sheet, a statement that the reinstatement applicant has not volunteered or been employed in New Hampshire as a speech-language assistant since the date his or her certification lapsed;

(e) A resume including a chronologically organized account of any paid or volunteer activities engaged in by the applicant during the immediately preceding 18 months;

(f) Unless the information is available only on a website, an official letter of verification sent directly to the board from every jurisdiction which has issued a certificate or other authorization to practice as a speech language assistant since the date that the certification lapsed:

(1) The applicant is or was, during his or her period of validity, in good standing, and

(2) Stating whether any disciplinary action was taken against the applicant;

(g) Proof of the completion of 12 hours of continuing professional education or professional activity within the immediately preceding 24 months in the form required by Spe 605.03(c), Spe 605.04(c), Spe 605.05(c), Spe 605.06(c), or Spe 605.07(c), as applicable; and

(h) An original, not a photocopy, of a criminal offender record report:

(1) Issued by each state where the applicant has resided and/or been licensed within the past 6 years, providing that such state has sent the report:

a. To the board and the board has received the report; or

b. To the applicant for forwarding to the board, and the board has received the report;

(2) Covering the applicant under his or her name and any aliases; and

(3) Dated within the 6 months preceding the application for licensure.

Source. #9711, eff 5-8-10; ss by #10684, eff 10-4-14; ss by #10878, eff 7-9-15

Spe 606.07 Board's Processing of Applications for Reinstatement of Certification.

(1) So notify the applicant in writing within 60 days; and

(2) Specify the information or documents it requires.

(b) A reinstatement application shall be completed on the first date that the board has received:

(1) Cash for the certification reinstatement fee or the proceeds of the check or money order written for the certification reinstatement fee;

(2) The materials required by Spe 606.05; and

(3) Any additional information or documents which may have been requested pursuant to (a) above.

(c) The board shall issue written approval or denial of an application and supporting materials for reinstatement of certification within 120 days of the date that the application is completed.

(d) The board shall refund the certification reinstatement fee if the board denies the application.

(e) Any applicant wishing to challenge the board's denial of an application for reinstatement of certification shall:

(1) Make a written request for a hearing of the applicant's challenge; and

(2) Submit this request to the board:

a. Within 60 days of the board's notification of the denial; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant's return to the United States or release from duty, whichever occurs later.

Source. #9711, eff 5-8-10; ss by #10878, eff 7-9-15; ss by #11138, eff 7-9-16

PART Spe 607 DIRECTION AND SUPERVISION OF SPEECH-LANGUAGE ASSISTANTS; SCOPE OF TASKS OF SPEECH-LANGUAGE ASSISTANTS

Spe 607.01 Direction and Supervision of Speech-Language Assistants.

(a) A speech-language assistant shall receive direction from, and be supervised by, an individual holding a currently valid New Hampshire license to practice speech-language pathology.

(b) For the first 90 work days after the speech-language assistant begins to practice, after they have been initially certified, the amount of direction and supervision required by (a) above shall be:

(1) Direct supervision in accordance with the ethical standards found in Spe 500 for 20% of the clinical time during each work week; and

(2) Indirect supervision in accordance with the ethical standards found in Spe 500 for 10% of the clinical time during each work week.

(c) Following such first 90 work days for speech-language assistants with less than 5 years of experience, the amount of direction and supervision required by (a) above shall be:

(1) Direct supervision in accordance with the ethical standards found in Spe 500 for 10% of the clinical time during each work week; and

(2) Indirect supervision in accordance with the ethical standards found in Spe 500 for 10% of the clinical time during each work week.

(d) For speech-language assistants with 5 years of experience or more, the amount of supervision shall be at the discretion of the supervising speech-language pathologist, with no less than 1 hour of direct supervision and 1 hour of indirect supervision per week.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16; ss by #12486, eff 3-1-18; ss by #13872, eff 3-9-24

Spe 607.02 Limitation on the Number of Speech-Language Assistants Under Supervision.

(a) A licensee shall not supervise at any one time any more speech-language assistants than those whose combined work hours total the work hours of 2 full-time speech-language assistants.

(b) For purposes of this section, a speech-language assistant shall be considered a full-time employee if he or she qualifies as full-time according to the system used to classify employees by the speech-language assistant’s employer.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16; ss by #12486, eff 3-1-18

Spe 607.03 Speech-Language Assistant Obligation to Present Supervision Rules to Supervisors and to Report Supervision to the Board.

(a) Within 15 days of beginning work in speech and language therapy, speech-language assistants shall:

(1) Give to the person intending to provide supervision to the assistant a copy of Spe 607 and the supervision form described in Spe 607.04;

(2) Discuss the supervision requirements and applicable ethical standards with the person intending to provide supervision; and

(3) Submit to the board the completed supervision form.

(b) A speech-language assistant shall submit a revised or additional supervision form, with specific sections appropriately completed by the speech-language assistant or his or her supervisor, to the board:

(1) Within 30 days of the date of change each time there is a change in the person providing supervision to the assistant;

(2) Whenever the speech-language assistant takes on a second employer; and

(3) As part of his or her biennial certification.

Source. #12486, eff 3-1-18

Spe 607.04 Supervision Form.

(a) The “Supervision Form” dated March 25, 2015 shall:

(1) Be completed as appropriate, by the speech-language assistant as the person supervised, and the speech-language pathologist as the supervisor;

(2) Be provided by the board and available on the office of allied health professionals website, at www.oplc.nh.gov/allied-health/documents/uniform-supervision.pdf;

(3) Be completed legibly in ink or using a keyboard; and

(4) Be signed and dated by the supervisor below the following preprinted statement:

“By signing this form I state that I have read and understood the applicable rules of supervision or order of the board for supervision, agree to undertake the duties of supervision set forth in the rules or order of the board, agree to be responsible for the acts and omissions of any person to whom I delegate the duties of supervision, and acknowledge that my own or my delegate’s failure to comply with the rules or order of the board might result in disciplinary action.”

(b) The signatures required by (a)(4) above shall constitute the signer’s:

(1) Assertion that the signer has read and understood the rules or order of the board regarding supervision;

(2) Agreement to undertake the duties of supervision;

(3) Agreement to take responsibility for the acts and omissions of any individual to whom the signer delegates the duties of supervision; and

(4) Statement of understanding that the failure of the signer or the signer’s delegate to follow the rules or order of the board governing the supervision has the potential to subject the signer to disciplinary sanctions.

Source. #12486, eff 3-1-18

Spe 607.05 Responsibilities of Certified Speech-Language Assistants.

(a) Whenever there is in effect a treatment plan, an individualized service plan or an individualized educational plan, a speech-language assistant shall perform those interventions and tasks:

(1) Delegated to him or her by the speech-language pathologist; or

(2) Consistent with the plan and within the scope set forth in (b) and (c) below.

(b) A speech-language assistant shall, as directed by a speech-language pathologist (SLP) holding a currently valid New Hampshire license, and in accordance with the ethical provisions found in Spe 500:

(1) Self-identify as speech-language assistants to families, students, patients, clients, staff, and others. This may be done verbally, in writing, and/or with titles on name badges;

(2) Comply with The Health Insurance Portability and Accountability Act (HIPAA) and Family Educational Rights and Privacy Act (FERPA) regulations, reimbursement requirements, and SLAs’ responsibilities;

(3) Assist the SLP with speech, language, and hearing screenings without clinical interpretation;

(4) Assist the SLP during assessment of students, patients, and clients exclusive of administration and/or interpretation;

(5) Assist the SLP with bilingual translation during screening and assessment activities exclusive of interpretation;

(6) Follow documented treatment plans or protocols developed by the supervising SLP;

(7) Provide guidance and treatment via telepractice to students, patients, and clients who are selected by the supervising SLP as appropriate for this service delivery model;

(8) Document student, patient, and client performance and report this information to the supervising SLP;

(9) Program and provide instruction in the use of augmentative and alternative communication devices;

(10) Demonstrate or share information with patients, families, and staff regarding feeding strategies developed and directed by the SLP;

(11) Serve as translator for patients/clients/students and families who do not speak English;

(12) Provide services under SLP supervision in another language for individuals who do not speak English and English-language learners;

(13) Assist with clerical duties, such as preparing materials and scheduling activities, as directed by the SLP;

(14) Perform checks and maintenance of equipment; and

(15) Assist with departmental operations.

(1) Make a written or electronic record of his or her services;

(2) Satisfy his or her employment job description to the extent that it is not inconsistent with Spe 600 and Spe 503; and

(3) Comply with his or her employer's administrative and reimbursement-related requirements.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16; ss by #12486, eff 3-1-18 (formerly Spe 607.02)

Spe 607.06 Actions and Decisions Prohibited to Certified Speech-Language Assistants. A speech-language assistant shall not:

(a) Represent himself or herself as an SLP;

(b) Perform standardized or nonstandardized diagnostic tests, formal or informal evaluations, or swallowing screenings/checklists;

(d) Participate in formal parent conferences, case conferences, or any interdisciplinary team without the presence of the supervising SLP or other designated SLP;

(e) Provide interpretative information to the student, patient, client, family, or others regarding the patient or client status or service;

(f) Write, develop, or modify a student's, patient's, or client's treatment plan in any way;

(g) Assist with students, patients, or clients without following the individualized treatment plan prepared by the licensed SLP and/or without access to supervision;

(h) Sign any formal documents;

(i) Select students, patients, or clients for service;

(j) Discharge a student, patient, or client from services;

(k) Make referrals for additional services;

(l) Disclose clinical or confidential information either orally or in writing to anyone other than the supervising SLP unless mandated by law;

(m) Develop or determine the swallowing strategies or precautions for patients, family, or staff;

(n) Treat medically fragile students, patients, or clients independently; or

(o) Design or select augmentative and alternative communication systems or devices.

Source. #9711, eff 5-8-10; ss by #11138, eff 7-9-16; ss by #12486, eff 3-1-18 (formerly Spe 607.03)

PART Spe 608 ONGOING REQUIREMENTS FOR SPEECH-LANGUAGE ASSISTANTS

Spe 608.01 Administrative Obligations of Individuals Certified as Speech-Language Assistants.

(a) An individuals certified as a speech-language assistant shall send to the board’s office within 30 days any changes in:

(1) His or her name;

(2) Home or place of employment physical addresses;

(3) Home or place of employment mailing addresses;

(4) Home or place of employment telephone number or personal cell phone number if provided to the board.

(5) E-mail address;

(b) Licensees shall report to the board’s office within 30 days:

(1) Any misdemeanor or felony conviction;

(2) Any act which constitutes misconduct under Spe 404.01; and

(3) Any license or other proof of licensure that was issued by the board and has been lost or stolen.

(b) Individuals certified as speech-language assistants shall retain documentation of their continuing professional education and professional activities for at least 3 years.

(c) Individuals holding a currently valid certificate as a speech-language assistant under these rules shall use one of the following after his or her written name:

(1) Speech-Language Assistant;

(2) Certified speech-language assistant;

(3) “SLA”; or

(4) “CSLA”.

(d) Unless certified under these rules, no person shall represent himself or herself, or the services offered by using the letters “SLA” or “CSLA” or the words “speech-language assistant”, “certified speech-language assistant”, or any other similar words, if the intent of such use is to imply that the person is certified.

(e) Certified speech-language assistants shall retain documentation of their continuing professional education and professional activities for at least 3 years.

Source. #9711, eff 5-8-10; ss by #10309, eff 4-10-13; ss by #10684, eff 10-4-14

APPENDIX I

Rule	Statute Implemented

Spe 101 and 102	RSA 541-A:7
Spe 103.01	RSA 328-F:4
Spe 103.03(a)	RSA 328-F:5, I
Spe 103.03(b)	RSA 326-F:4, I
Spe 103.03(c)	RSA 328-F:5, I
Spe 103.03(d)	RSA 326-F:1, II-a; RSA 326-F:6-a; RSA 326-F:7-a
Spe 103.03(e)	RSA 328-F:5
Spe 101 and 102	RSA 541-A:7
Spe 103.03(f)	RSA 328-F:5, II
Spe 103.04	RSA 328-F:8; RSA 541-A:16, I(b)
Spe 103.05	RSA 91-A:2, II
Spe 103.06	RSA 91-A:2, II; RSA 541-A:16, I(b); RSA 328-F:13

Spe 201.01	RSA 310:6, II
Spe 201.02	RSA 541-A:16, I (b)

Spe 301	RSA 541-A:7
Spe 301.04	RSA 541-A:7
Spe 301.05	RSA 541-A:7
Spe 302	RSA 541-A:7
Spe 303.01	RSA 328-F:11, I(g)
Spe 303.02 and Spe 303.03	RSA 328-F:11, I(f)
Spe 303.04	RSA 328-F:11, I(g)
Spe 303.05	RSA 326-F:5, II; RSA 328-F:11, I(g)
Spe 304.01	RSA 326-F:3, I
Spe 305	RSA 326-F:3, II
Spe 306	RSA 326-F:3 I(b)
Spe 307.01	RSA 326-F:3; RSA 541-A:16, I(b)
Spe 307.02	RSA 326-F:3; RSA 541-A:16, I(b)
Spe 307.03	RSA 326-F:3; RSA 541-A:16, I(b)
Spe 307.04	RSA 326-F:3; RSA 541-A:16, I(b)
Spe 307.05	RSA 326-F:3; RSA 541-A:16, I(b)
Spe 307.06	RSA 326-F:3; RSA 541-A:16, I(b)
Spe 307.07	RSA 326-F:3; RSA 541-A:16, I(b)
Spe 308.01	RSA 326-F:4, I
Spe 308.02	RSA 326-F:4, I; RSA 326-F:5, I
Spe 308.03	RSA 326-F:3, II(c); RSA 326-F:4, II, III and IV; RSA 541-A:16, I.(b)
Spe 308.03(a)	RSA 326-F:3, II(c); RSA 326-F:4, II, III and IV
Spe 308.03(b)	RSA 541-A:16, I.(b)
Spe 308.04	RSA 326-F:3, II(c); RSA 326-F:4, II, III and IV; RSA 541-A:16, I.(b)
Spe 308.05	RSA 326-F:3, II(c); RSA 326-F:4, II, III and IV; RSA 541-A:16, I.(b)
Spe 309.01	RSA 326-F:4, II; RSA 326-F:5, III; RSA 541-A:16, I(b)
Spe 309.01(a)(1)	RSA 326-F:4, II
Spe 309.01(a)(2) and (b)	RSA 326-F:5, III; RSA 541-A:16(b)
Spe 309.02	RSA 326-F:4, II; RSA 326-F:5, III
Spe 309.03	RSA 326-F:4, II; RSA 326-F:5, IIV
Spe 309.04	RSA 326-F:4, II; RSA 326-F:5, III
Spe 309.05 through 309.08	RSA 326-F:4, II; RSA 326-F:5, III

Spe 401.01	RSA 541-A:7
Spe 402.01	RSA 541-A:16, I(b)
Spe 402.02	RSA 328-F:19, I-III; RSA 328-F:11, I(g)
Spe 402.03	RSA 328-F:11, I(g)
Spe 402.04	RSA 328-F:11, I(f)
Spe 402.05	RSA 541-A:7
Spe 402.06 and Spe 402.07	RSA 328-F:11, I(g)
Spe 402.08(a)	RSA 541-A:16, I(b)
Spe 402.08(b) and (c)	RSA 326-F:6
Spe 402.09	RSA 541-A:16, I(b)
Spe 402.10	RSA 541-A:16, I(b)
Spe 403.01(a) and (b)	RSA 541-A:16, I(b), RSA 328-F:20
Spe 403.01(c)	RSA 328-F:20, RSA 328-F:20
Spe 403.02(a)	RSA 328-F:11, I(e) and (d)
Spe 403.02(b)	RSA 328-F:11, I(d) and (d)
Spe 403.03	RSA 328-F:11, I(c) and (e), RSA 326_F:5, VI
Spe 403.04	RSA 326-F:5, VI; RSA 326-F:7; RSA 328-F:11, (c) and (e)
Spe 403.05	RSA 326-F:5, VI; RSA 328-F:11, I(c), (f), & (e)
Spe 403.06 and Spe 403.07	RSA 328-F:11, I(e); RSA 541-A:16, I(b)
Spe 403.09	RSA 328-F:11, I(g)
Spe 404.01	RSA 328-F:23, II
Spe 404.02(a)	RSA 328-F:23, IV(a) through (f)
Spe 404.02(b)	RSA 328-F:23, IV(g)
Spe 404.02(c)	RSA 328-F:23, V
Spe 404.03 through Spe 404.05	RSA 541-A:16, I(b)
Spe 404.06	RSA 328-F:27, IV and V
Spe 405.01	RSA 326-F:6
Spe 405.02 through Spe 405.16	RSA 328-F:11, I(b); RSA 326-F:6, III
Spe 405.08(a)	RSA 326-F:6, III
Spe 405.08(b)	RSA 328-F:11, I(b)
Spe 405.08(c)	RSA 541-A:16, I(b)
Spe 406.01	RSA 328-F:21; RSA 326-F:6, I
Spe 406.01(a)	RSA 328-F:21
Spe 406.01(b)	RSA 326-F:6, I
Spe 406.02	RSA 326-F:5, V-a; RSA 326-F:6, II-III

Spe 501 and Spe 502	RSA 541-A:7
Spe 503	RSA 328-F:11, II(b)
Spe 503.02	RSA 541-A:12, VII

Spe 601	RSA 541-A:7
Spe 602	RSA 326-F:1; RSA 326-F:5
Spe 603.01	RSA 326-F:1, II-a; RSA 326-F:5, V
Spe 603.02	RSA 326-F:5, VI
Spe 603.03	NEED RSA
Spe 603.04	RSA 326-F:5, VI
Spe 604 and Spe 605	RSA 326-F:6-a
Spe 604.06	RSA 326-F:6-a
Spe 606.01	RSA 326-F:5, VI
Spe 606.02(a)	RSA 326-F:7-a
Spe 606.02(b)	RSA 326-F:5, VI
Spe 606.03 through Spe 606.06	RSA 326-F:7-a
Spe 606.07	RSA 326-F:5, VI
Spe 607	RSA 326-F:5, V
Spe 608.01	RSA 326-F:5, IV
Spe 608.01(a)	RSA 326-F:5, VI
Spe 608.01(b)	RSA 326-F:6-a

APPENDIX II

Incorporation by Reference Information

Rule

Title

Obtain at:

Spe 503.01

American Speech-Language Hearing Association Code of Ethics

(Effective March 1, 2016)

Office of Licensed Allied Health Professionals

Obtain online www.nh.gov/alliedhealth

Click on “Rules and Laws”

American Speech-Language Hearing Association

Obtain online www.asha.org/policy

Cost: None

Any questions or information requests can be directed to the Office of Licensed Allied Health Professionals by calling 603-271-8389