HB 2761

                          HOUSE BILL No. 2761
AN ACT concerning health professions and practices; relating to speech-language
   pathology; enacting the speech-language pathology assistant licensure act.
Be it enacted by the Legislature of the State of Kansas:
    Section 1. (a) Sections 1 through 9, and amendments thereto, shall
be known and may be cited as the speech-language pathology assistant
licensure act and shall be a part of and supplemental to article 65 of
chapter 65 of the Kansas Statutes Annotated, and amendments thereto.
    (b) As used in this act:
    (1) "Certified speech-language pathology assistant" or "C-SLPA”
means an individual who, following academic degree completion and
practicum or on-the-job training, completed the application and
national organization certification requirements of such organizations
as the American speech-language hearing association, performs tasks as
prescribed, directed and supervised by a licensed speech-language
pathologist who meets the qualifications of a supervising speech-
language pathologist.
    (2) "Direct supervision" means on-site, in-view observation and
guidance by a speech-language pathologist while an assigned clinical
activity is being performed by a speech-language pathology assistant.
"Direct supervision" includes the supervising speech-language
pathologist viewing and communicating with the speech-language
pathology assistant through telecommunication technology while the
speech-language pathology assistant provides clinical services. "Direct
supervision" does not include reviewing an audio or video recorded
session after such session occurred.
    (3) "Indirect supervision"means activities other than direct
observation and guidance conducted by a speech-language pathologist
that may include demonstration, record review, review and evaluation
of audio or videotaped sessions or interactive television.
    (4) "Licensed speech-language pathology assistant"means an
individual who meets the minimum qualifications established by this
act for licensing as a speech-language pathology assistant, does not act
independently and works under the direction and supervision of a
speech-language pathologist licensed under this act.
    (5) "Secretary" means the secretary of aging and disability
services.
    (6) "Speech-language pathology" means the same as defined in
K.S.A. 65-6501, and amendments thereto.
    (7) "Speech para"means a person without the qualifications
necessary to be considered a licensed speech-language pathology
assistant. A "speech para" may assist with activity preparation,
transporting a client or patient from class to the speech therapy room,
assisting with teletherapy technology issues and providing direct
services according to a plan developed by a licensed speech-language
pathologist.
    (8) "Supervising speech-language pathologist"means a speech-
language pathologist who holds a current Kansas license or a privilege
to practice in the state of Kansas and has two years of full-time
professional experience as a speech-language pathologist following
successful completion of a post graduate professional experience, such
as clinical fellowship experience.
    (9) "Telepractice" means the delivery of services using
telecommunication and internet technology to remotely connect
speech-language pathology assistants to clients for intervention
purposes.
    Sec. 2. (a) The secretary shall issue the appropriate license as a
speech-language pathology assistant to each person who has met the
educational and training requirements of this section and such other
reasonable qualifications as may be adopted by the secretary in rules
and regulations.
    (b) A speech-language pathology assistant shall meet the
following qualifications for licensure under this act:
                    HOUSE BILL No. 2761—page 2
    (1) (A) Completion of a bachelor's degree in communication
sciences and disorders from an accredited institution;
    (B) a bachelor's degree in another field and 24 hours of core
coursework in communication sciences and disorders; or
    (C) completion of a speech-language pathology assistant program
from a regionally accredited institution that offers an associate's degree,
a technical training program or a certificate program; and
    (2) completion of a supervised clinical experience that consists of
100 clock hours of supervised clinical fieldwork with direct client or
patient contact or clinical practicum that may be completed through an
academic practicum or while on the job under a supervising speech-
language pathologist.
    (c) An applicant for licensure shall submit an application to the
secretary upon the forms prescribed and furnished by the secretary and
pay appropriate fees as established by the secretary. All licenses shall
expire after two years and may be renewed by submitting an
application that show proof of completing the required continuing
education and paying a renewal fee to be established by rule and
regulation and collected by the secretary. The secretary may issue a
license for a period of less than two years for the purpose of
administratively adjusting renewals. In such case, the licensee shall be
charged a prorated renewal fee based upon the current renewal fee
structure.
    (d) At least 30 days before the expiration of the license, the
secretary shall electronically notify the licensee of the expiration date
through the email address on file with the secretary. If the licensee fails
to submit an application and pay the appropriate fee by the date of
expiration of the license, the licensee shall be given a second notice
stating that such license has expired and such license may only be
renewed if the application, renewal fee and late renewal fee are
received by the secretary within the 30-day period following the date of
expiration and that, if both fees are not received within the 30-day
period, such license shall be considered to have lapsed for failure to
renew and be reissued only after the applicant has been reinstated under
subsection (e). Temporary licenses may be renewed for one consecutive
12-month period upon payment of the renewal fee and documentation
of failure to complete requirements for which the temporary license
was originally issued.
    (e) A licensee who fails to renew as provided in this act may be
reinstated upon payment of the renewal fee and the reinstatement fee
and upon submitting evidence of satisfactory completion of any
applicable continuing education requirements established by the
secretary. The secretary shall adopt rules and regulations establishing
appropriate continuing education requirements for the reinstatement of
persons whose licenses have lapsed for failure to renew.
    (f) The secretary may grant a license to practice as a speech-
language pathology assistant to an applicant licensed to practice in
another jurisdiction if:
    (1) The secretary receives from the issuing state or states
documentation that the licensee is currently in good standing without
violations or sanctions pending or in effect;
    (2) the applicant meets the current educational and clinical
experience requirements of this act or hold a current, unrestricted
license to practice as a speech-language pathology assistant in another
jurisdiction in the United States;
    (3) the applicant meets other qualifications as determined in
regulations adopted by the secretary; and
    (4) the applicant pays an endorsement and application fee pursuant
to rules and regulations of the secretary.
    (g) The secretary may issue a temporary speech-language
pathology assistant license for a period of 12 months pursuant to rules
and regulations of the secretary.
                   HOUSE BILL No. 2761—page 3
    Sec. 3. A speech-language pathology assistant shall satisfactorily
complete 12 hours of approved continuing education or 1.2 continuing
education units during each two-year licensing period.
    (a) Continuing education shall be reported on forms and in the
time and manner specified by the secretary.
    (b) A licensee shall maintain records of continuing education
hours or continuing education units earned for a period of four years,
and such records shall be made available to the secretary upon request.
    Sec. 4. The secretary shall deny, revoke, suspend or limit the
license provided for in this act for any of the following reasons:
    (a) Making a false statement on an application for a license or any
other document required by the secretary;
    (b) engaging or attempting to engage, or representing oneself as so
entitled, to perform procedures not authorized in the license;
    (c) demonstrating incompetence or making consistent negligent
errors in tests or procedures;
    (d) engaging in dishonorable, unethical or unprofessional conduct,
as defined by rules and regulations;
    (e) providing professional services while mentally incompetent,
under the influence of alcohol or narcotic or controlled substance that is
in excess of therapeutic amounts or without valid medical indication;
    (f) violating or aiding and abetting in a violation of any provisions
of this act or any of the rules or regulations adopted under this act; or
    (g) having been convicted of a crime found by the secretary to
have a direct bearing on whether one should be entrusted to serve the
public in the capacity of a speech-language pathology assistant.
    Sec. 5. (a) A supervising speech-language pathologist shall:
    (1) Be a speech-language pathologist who holds a current Kansas
license or a privilege to practice in the state of Kansas;
    (2) have two years of full-time professional experience as a
speech-language pathologist following successful completion of the
post graduate professional experience;
    (3) have earned at least two hours of professional development in
the area of supervision or clinical instruction following licensure;
    (4) earn at least one hour of professional development in the area
of ethics every three years;
    (5) institute a training program for each speech-language
pathology assistant that encompasses all of the procedures to be
performed. Documentation of such training in formal substance
acceptable to the secretary shall be retained in the speech-language
pathology assistant's file;
    (6) inform the client or patient about the use of a speech-language
pathology assistant;
    (7) provide and document appropriate supervision of the speech-
language pathology assistant to the secretary as outlined in the
secretary's rules and regulations adopted pursuant to this act;
    (8) assume the legal and ethical responsibilities of the speech-
language pathology assistant's day-to-day conduct;
    (9) maintain original documentation for three years;
    (10) not supervise more than two full-time or three part-time
speech-language pathology assistants. The combined hours worked by
three part-time speech-language pathology assistants shall not exceed
the total hours worked by two full-time speech-language pathology
assistants; and
    (11) not have a pending or previous disciplinary action or
allegation or only possess a provisional or temporary speech-language
pathology license.
    (b) The amount and type of supervision required for a speech-
language pathology assistant shall be consistent with the:
    (1) Speech-language pathology assistant's skills and experience;
    (2) needs of the students, patients and clients;
    (3) service setting;
    (4) tasks assigned; and
    (5) laws and rules and regulations that govern speech-language
                    HOUSE BILL No. 2761—page 4
pathology assistants.
    (c) (1) Minimum ongoing supervision of a speech-language
pathology assistant shall include:
    (A) Documentation of direct supervision provided by the speech-
language pathologist for each student, patient or client at least every 60
days;
    (B) direct supervision of at least 10% of the speech-language
pathology assistant's total client contact time, which may be performed
in person or remotely through live video conferencing; and
    (C) the supervising speech-language pathologist having discretion
over the amount of supervision necessary; and
    (2) if there is a change in the supervising speech-language
pathologist, the speech-language pathology assistant shall be
responsible for notifying the secretary of the new supervisor within
seven business days following the change.
    Sec. 6. (a) The supervising speech-language pathologist shall
accept full and complete responsibility for all services and tasks
performed or omitted by the speech-language pathology assistant.
    (b) If education, training, supervision and documentation of the
speech-language pathology assistant are consistent with the
requirements of this act, the supervising speech-language pathologist
may designate and direct the following tasks to such speech-language
pathology assistant:
    (1) Conduct speech-language or hearing screenings without
interpretation following specified screening protocols developed by the
supervising speech-language pathologist;
    (2) provide direct treatment to patients or clients identified by the
supervising speech-language pathologist;
    (3) follow documented treatment plans or protocols developed by
the supervising speech-language pathologist;
    (4) document patient or client progress toward meeting established
objectives as stated in the treatment plan, assist with data collection for
patient or client responses and prepare therapy materials and activities;
    (5) assist the supervising speech-language pathologist during
assessment of patients or clients;
    (6) prepare charts, records and graphs and assist with other clerical
tasks as directed by the supervising speech-language pathologist;
    (7) perform checks and maintenance of equipment on a regular
basis and verify calibration on audiometric equipment at least annually;
    (8) assist the supervising speech-language pathologist in research
projects,
in-service training and public relations programs;
    (9) share documentation and treatment notes with the supervising
speech-language pathologist, who shall review and co-sign such
documentation and treatment notes;
    (10) provide caregiver coaching, such as modeling and teaching
communication strategies for carryover of skills, as directed by the
supervising speech-language pathologist;
    (11) provide teletherapy services as directed by the supervising
speech-language pathologist;
    (12) program augmentative and alternative communication
devices;
    (13) provide training and technical assistance to students, patients,
clients and families in the use of augmentative and alternative
communication devices;
    (14) develop        low-tech       augmentative      and    alternative
communication materials for students, patients and clients;
    (15) collaborate with team members when following HIPAA and
FERPA guidelines under the guidance of the supervising speech-
language pathologist;
    (16) clearly identify oneself as a speech-language pathology
assistant to students, clients, families and others; and
    (17) adjust communication practices and expectations as necessary
to effectively serve clients, patients and students.
                   HOUSE BILL No. 2761—page 5
    Sec. 7. A speech-language pathology assistant shall not:
    (a) Perform diagnostic tests of any kind, including formal or
informal evaluations, nor interpret test results;
    (b) act as a decision-maker in individualized education program
meetings, special education eligibility meetings or any interdisciplinary
team meetings in which diagnostic information is interpreted or
treatment plans are developed without the presence of the supervising
speech-language pathologist or designated speech-language pathologist
who meets the qualifications for a supervising speech-language
pathologist;
    (c) independently provide diagnostic or assessment results to
patients or clients or such patient's or client's parents or guardians;
    (d) write, develop or modify a patient's or client's treatment plan;
    (e) provide services outside of a documented treatment plan that
has been prepared by the supervising speech-language pathologist;
    (f) provide services for which the speech-language pathology
assistant has not received appropriate or adequate training;
    (g) sign any formal documents without the signature of the
supervising speech-language pathologist;
    (h) identify, recommend or discharge patients or clients for
services;
    (i) make referrals for additional services without consultation with
the supervising speech-language pathologist;
    (j) provide any interpretative information that is contained in
reports written by any licensed speech-language pathologist;
    (k) represent oneself to be a speech-language pathologist;
    (l) make advertisements or public announcements of professional
services independent of the supervising speech-language pathologist;
    (m) assist in feeding or swallowing therapy without direct
supervision from the supervising speech-language pathologist; or
    (n) treat a person who is medically fragile as determined by the
supervising speech-language pathologist.
    Sec. 8. (a) On and after January 1, 2027, it shall be unlawful for
any person to represent oneself in any manner as a speech-language
pathology assistant if such person is not licensed under this act as a
speech-language pathology assistant or has a license that has been
suspended or revoked unless such person is exempted from the
provisions of this act.
    (b) Violation of any provision of this act is a class C nonperson
misdemeanor, and each day in violation of this act shall be considered a
separate offense.
    Sec. 9. The secretary shall fix by rules and regulations the
licensure fee, temporary licensure fee, renewal fee, late renewal fee,
reinstatement fee and examination fee, if necessary, under this act. Such
fees shall be fixed in an amount to cover the costs of administering the
provisions of this act. No fee shall be more than $200. The secretary
shall remit all moneys received from fees, charges or penalties under
this act to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the health occupations credentialing fee
fund created by K.S.A. 39-979, and amendments thereto.
                           HOUSE BILL No. 2761—page 6
   Sec. 10. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
                                                                                     Speaker of the House.
                                                                                Chief Clerk of the House.
Passed the SENATE  ______________________________________________________________________________
                                                                                   President of the Senate.
                                                                                   Secretary of the Senate.
APPROVED   __________________________________________________________________________________________________
                                                                                                       Governor.