Proposed Text
A. The following fees shall be paid as applicable for licensure:
1. Application for audiology or speech-language pathology license |
$135 |
2. Application for school speech-language pathology license |
$70 |
3. Verification of licensure requests from other states |
$20 |
4. Annual renewal of audiology or speech-language pathology license |
$75 |
5. Late renewal of audiology or speech-language pathology license |
$25 |
6. Annual renewal of school speech-language pathology license |
$40 |
7. Late renewal of school speech-language pathology license |
$15 |
8. Reinstatement of audiology or speech-language pathology license |
$135 |
9. Reinstatement of school speech-language pathology license |
$70 |
10. Duplicate wall certificate |
$25 |
11. Duplicate license |
$5 |
12. Handling fee for returned check or dishonored credit card or debit card |
$50 |
13. Inactive license renewal for audiology or speech-language pathology |
$40 |
14. Inactive license renewal for school speech-language pathology |
$20 |
15. Application for provisional license |
$50 |
16. Renewal of provisional license |
$25 |
B. Fees shall be made payable to the Treasurer of Virginia and shall not be refunded once submitted nonrefundable.
A. A person seeking a provisional license or licensure as an audiologist, a speech-language pathologist, or a school speech-language pathologist shall submit:
1. A completed and signed application;
2. The applicable fee prescribed in 18VAC30-21-40, or in the case of an application for licensure as an audiologist, a speech-language pathologist, or a school speech-language pathologist issued a provisional license pursuant to 18VAC30-21-70 A, the difference between the provisional licensure fee and the application licensure fee;
3. Documentation as required by the board to determine if the applicant has met the qualifications for licensure;
4. An attestation that the applicant has read, understands, and will comply with the statutes and regulations governing the practice of audiology or speech-language pathology; and
5. Verification of the status of the license or certification from each United States jurisdiction in which licensure or certification is held or has ever been held; and
6. 4. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank.
B. An incomplete application package shall be retained by the board for a period of one year from the date the application is received by the board. If an application is not completed within the year, an applicant shall reapply and pay a new application fee.
A. The board may grant an initial license to an applicant for licensure in audiology or speech-language pathology who:
1. Holds a current and unrestricted Certificate of Clinical Competence issued by ASHA; or
2. Holds a current and unrestricted certification issued by the ABA or any other accrediting body recognized by the board and provides documentation of having passed the qualifying examination from an accrediting body recognized by the board; or
3. Provides documentation of (i) graduation from an audiology program accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body as recognized by the board; and (ii) having passed the qualifying examination from an accrediting body recognized by the board. Submits evidence of the following:
a. Documentation of graduation from a program accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body recognized by the board;
b. Passage of the qualifying examination from an accrediting body recognized by the board; and
c. Evidence of six months of practice pursuant to a provisional license as described in 18VAC30-21-70 and submission of recommendation for licensure from the applicant's supervisor during practice as a provisional licensee.
B. The board may grant an initial license to an applicant for licensure in speech-language pathology who holds a current and unrestricted Certificate of Clinical Competence issued by ASHA.
C. The board may grant a license to an applicant as a school speech-language pathologist who holds a master's degree in speech-language-pathology.
D. C. The board may refuse to issue a license to any applicant who has been determined to have committed an act in violation of 18VAC30-21-160.
A. Provisional license to qualify for initial licensure. An applicant may be issued a provisional license in order to obtain clinical experience required for certification by ASHA, ABA, or any other accrediting body recognized by the board for initial licensure in Virginia. To obtain a provisional license in order to qualify for initial licensure, the The applicant shall submit documentation that he has:
1. Passed the qualifying examination from an accrediting body recognized by the board; and
2. Either:
a. For provisional licensure in audiology, successfully completed all the didactic coursework required for the doctoral degree as documented by a college or university whose audiology program is accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body as recognized by the board; or
b. For provisional licensure in speech-language pathology, submission of documentation of graduation or evidence that the applicant successfully completed all the didactic coursework required for a graduate program in speech-language pathology as documented by a college or university whose program is accredited by the Council on Academic Accreditation of ASHA or an equivalent accrediting body as recognized by the board.
B. Provisional license to qualify for endorsement or reentry into practice. An applicant may be issued a provisional license in order to qualify for licensure by endorsement pursuant to 18VAC30-21-80, reactivation of an inactive license pursuant to subsection C of 18VAC30-21-110, or reinstatement of a lapsed license pursuant to subsection B of 18VAC30-21-120.
C. All provisional licenses shall expire 18 24 months from the date of issuance and may be renewed for an additional six 12 months by submission of a renewal form and payment of a renewal fee. Renewal of a provisional license beyond 24 36 months shall be for good cause shown.
D. C. The holder of a provisional license in audiology shall only practice under the supervision of a licensed audiologist, and the holder of a provisional license in speech-language pathology shall only practice under the supervision of a licensed speech-language pathologist. The provisional licensee shall be responsible and accountable for the safe performance of those direct client care tasks to which he has been assigned.
E. D Licensed audiologists or speech-language pathologists providing supervision shall:
1. Have an active, current license and at least three years of active practice as an audiologist or speech-language pathologist prior to providing supervision;
2. Document the frequency and nature of the supervision of provisional licensees;
3. Be responsible and accountable for the assignment of clients and tasks based on their assessment and evaluation of the provisional licensee's knowledge and skills; and
4. Monitor clinical performance and intervene if necessary for the safety and protection of the clients.
F. E. The identity of a provisional licensee shall be disclosed to the client prior to treatment and shall be made a part of the client's file.
A. An applicant for licensure in audiology or speech-language pathology who has been licensed in another United States jurisdiction shall may apply for licensure in Virginia in accordance with application requirements in 18VAC30-21-50 and shall submit documentation of: current active and unrestricted licensure in another United States jurisdiction and either:
1. Evidence of one year of active practice for at least one of the past three years; or
2. Evidence of six months of practice pursuant to a provisional license as described in 18VAC30-21-70 and submission of recommendation for licensure from the applicant's supervisor during practice as a provisional licensee.
1. Evidence of active practice in another United States jurisdiction for at least one of the past three years or practice for six months with a provisional license in accordance with 18VAC30-21-70 and by providing evidence of a recommendation for licensure by the applicant's supervisor. An applicant who graduated from an accredited program in audiology or speech-language pathology within 24 months immediately preceding application may be issued a license without evidence of active practice if the applicant holds a current and unrestricted Certificate of Clinical Competence in the area in which the applicant seeks licensure issued by ASHA or certification issued by ABA or any other accrediting body recognized by the board; and
2. One of the following:
a. Ten continuing education hours for each year in which the applicant has been licensed in the other jurisdiction, not to exceed 30 hours, and passage of the qualifying examination from the accrediting body recognized by the board;
b. A current and unrestricted Certificate of Clinical Competence in the area in which the applicant seeks licensure issued by ASHA; or
c. A current and unrestricted certification issued by ABA and passage of the qualifying examination from the accrediting body recognized by the board.
B. The board may refuse to issue a license to any applicant who has been determined to have committed an act in violation of 18VAC30-21-160.
A. In order to renew an active license, a licensee shall complete at least 10 hours of continuing education prior to the renewal date each year. One hour of the 10 hours required for annual renewal may be satisfied through delivery of professional services, without compensation, to low-income individuals receiving health services through a local health department or a free clinic organized in whole or primarily for the delivery of those services. One hour of continuing education may be credited for three hours of providing such volunteer services, as documented by the health department or free clinic.
B. Continuing education shall be activities, programs, or courses related to audiology or speech-language pathology, depending on the license held, and offered or approved by one of the following a board recognized accredited sponsors sponsor or organizations organization sanctioned by the profession:.
1. The Speech-Language-Hearing Association of Virginia or a similar state speech-language-hearing association of another state;
2. The American Academy of Audiology;
3. The American Speech-Language-Hearing Association;
4. The Accreditation Council on Continuing Medical Education of the American Medical Association offering Category I continuing medical education;
5. Local, state, or federal government agencies;
6. Colleges and universities;
7. International Association of Continuing Education and Training; or
8. Health care organizations accredited by The Joint Commission or DNV GL Healthcare.
C. If the licensee is dually licensed by this board as an audiologist and speech-language pathologist, a total of no more than 15 hours of continuing education are required for renewal of both licenses with a minimum of 7.5 contact hours in each profession.
D. A licensee shall be exempt from the continuing education requirements for the first renewal following the date of initial licensure in Virginia under 18VAC30-21-60.
E. The licensee shall retain all continuing education documentation for a period of three years following the renewal of an active license. Documentation from the sponsor or organization shall include the title of the course, the name of the sponsoring organization, the date of the course, and the number of hours credited.
F. The board may grant an extension of the deadline for continuing education requirements, for up to one year, for good cause shown upon a written request from the licensee prior to the renewal date of each year.
G. The board may grant an exemption for all or part of the requirements for circumstances beyond the control of the licensee, such as temporary disability, mandatory military service, or officially declared disasters.
H. The board may periodically conduct an audit for compliance with continuing education requirements. Licensees selected for an audit conducted by the board shall provide all supporting documentation within 30 days of receiving notification of the audit.
I. Failure to comply with these requirements may subject the licensee to disciplinary action by the board.
A. An audiologist, speech-language pathologist, or school speech-language pathologist who holds a current, unrestricted license in Virginia may, upon a request on the renewal application and submission of the required fee, be issued an inactive license. The holder of an inactive license shall not be required to maintain continuing education requirements and shall not be entitled to perform any act requiring a license to practice audiology or speech-language pathology in Virginia.
B. A licensee whose license has been inactive or has lapsed and who requests reactivation or reinstatement of an active license shall file an application, pay the prescribed fee, which for reactivation of an inactive license shall be the difference between the inactive and active renewal fees for the current year, and provide documentation of:
1. Current certification issued by ASHA or ABA; or
2. Completion of 10 continuing education hours equal to the requirement for the number of years in which the license has been inactive, not to exceed 30 contact hours.
3. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank.
C. A licensee who does not reactivate within five years shall meet the requirements of subsection B of this section and shall provide:
1. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank;
2. Verification of the status of any license or certification from each United States jurisdiction in which licensure or certification is held or has ever been held; and
3. Evidence of either:
a. Active practice for at least one of the past three years, or
b. Practice in accordance with 18VAC30-21-70 with a provisional license for six months and a recommendation for licensure from one's supervisor.
D. The board may deny a request for reactivation to any licensee who has been determined to have committed an act in violation of 18VAC30-21-160.
A. A person may renew a lapsed license within one year of expiration by following the requirements for late renewal in subsection B of 18VAC30-21-90.
B. When a license has not been renewed within one year of the expiration date, a person may apply to reinstate his license by submission of reinstatement application, payment of the reinstatement fee, and submission of documentation of either:
1. A current Certificate of Clinical Competence issued by ASHA or certification issued by ABA or any other accrediting body recognized by the board; or
2. At least 10 continuing education hours for each year the license has been lapsed, not to exceed 30 contact hours, obtained during the time the license in Virginia was lapsed.
C. A licensee who does not reinstate within five years shall meet the requirements of subsection B of this section and shall provide:
1. A current report from the U.S. Department of Health and Human Services National Practitioner Data Bank (NPDB);
2. Verification of the status of any license or certification from each United States jurisdiction in which licensure or certification is or has ever been held; and
3. Evidence of either:
a. Active practice for at least one of the past three years; or
b. Practice in accordance with 18VAC30-21-70 with a provisional license for six months and a recommendation for licensure from one's supervisor.
D. The board may deny a request for reinstatement to any licensee who has been determined to have committed an act in violation of 18VAC30-21-160.
A licensee shall:
1. Comply with provisions of § 32.1-127.1:03 of the Code of Virginia related to the confidentiality and disclosure of client records or related to provision of client records to another practitioner or to the client or the client's personal representative.
2. Pproperly manage and keep timely, accurate, legible, and complete client records, to include the following:
a1. For licensees who are employed by a health care institution, school system, or other entity, in which the individual practitioner does not own or maintain the practitioner's own records, failure to maintain client records in accordance with the policies and procedures of the employing entity; or
b2. For licensees who are self-employed or employed by an entity in which the individual practitioner does own and is responsible for client records, failure to maintain a client record for a minimum of six years following the last client encounter with the following exceptions:
(1)a. For records of a minor child, the minimum time is six years from the last client encounter or until the child reaches the age of 18 years or becomes emancipated, whichever is longer; or
(2)b. Records that have previously been transferred to another practitioner or health care provider or provided to the client or the client's personal representative as documented in a record or database maintained for a minimum of six years.
3. Comply with requirements of § 54.1-2405 of the Code of Virginia for notification and transfer of patient records in conjunction with closure, sale, or relocation of one's practice.
A. No person, unless otherwise licensed to do so, shall prepare, order, dispense, alter, or repair hearing aids or parts of or attachments to hearing aids for consideration. However, audiologists licensed under this chapter may make earmold impressions and prepare and alter earmolds for clinical use and research.
B. No person licensed as a school speech-language pathologist shall conduct the practice of speech-language pathology outside of the public school setting.