148.5192 SPEECH-LANGUAGE PATHOLOGY ASSISTANTS.

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Subdivision 1. Delegation requirements.

A licensed speech-language pathologist may delegate duties to a licensed speech-language pathology assistant in accordance with this section following an initial introduction to a client with the speech-language pathologist and speech-language pathology assistant present.

Subd. 2. Delegated duties; prohibitions.

(a)A speech-language pathology assistant may perform only those duties delegated by a licensed speech-language pathologist and must be limited to duties within the training and experience of the speech-language pathology assistant.

(b)Duties may include the following as delegated by the supervising speech-language pathologist:

(1)assist with speech language and hearing screenings;

(2)implement documented treatment plans or protocols developed by the supervising speech-language pathologist;

(3)document client performance, including writing progress notes;

(4)assist with assessments of clients;

(5)assist with preparing materials and scheduling activities as directed;

(6)perform checks and maintenance of equipment;

(7)support the supervising speech-language pathologist in research projects, in-service training, and public relations programs; and

(8)collect data for quality improvement.

(c)A speech-language pathology assistant may not:

(1)perform standardized or nonstandardized diagnostic tests, perform formal or informal evaluations, or interpret test results;

(2)demonstrate strategies included in the feeding and swallowing plan developed by the speech-language pathologist or share such information with students, patients, clients, families, staff, and caregivers;

(3)participate in parent conferences, case conferences, or interdisciplinary team meetings without approval from the speech-language pathologist or misrepresent themselves as a speech-language pathologist at such a conference or meeting. The speech-language pathologist and speech-language pathology assistant are required to meet prior to the parent conferences, case conferences, or interdisciplinary team meetings to determine the information to be shared;

(4)provide client or family counseling or consult with the client or the family regarding the client status or service;

(5)write, develop, or modify a client's individualized treatment plan or individualized education program;

(6)select clients for service;

(7)discharge clients from service;

(8)disclose information to other team members without permission from the supervising speech-language pathologist; or

(9)make referrals for additional services.

(d)A speech-language pathology assistant must only sign documents, including treatment plans, education plans, reimbursement forms, or reports, when cosigned by the supervising speech-language pathologist. The speech-language pathology assistant must sign or initial all treatment notes written by the assistant, which must then also be cosigned by the supervising speech-language pathologist.

Subd. 3. Supervision requirements.

(a)A supervising speech-language pathologist shall authorize and accept full responsibility for the performance, practice, and activity of a speech-language pathology assistant. The amount and type of supervision required must be based on the skills and experience of the speech-language pathology assistant. A minimum of one hour every 30 days of consultative supervision time must be documented for each speech-language pathology assistant.

(b)A supervising speech-language pathologist must:

(1)be licensed under sections 122A.183 , 122A.184 , or 148.511 to 148.5198 ;

(2)hold a certificate of clinical competence from the American Speech-Language-Hearing Association or its equivalent as approved by the commissioner; and

(3)have completed at least ten hours of continuing education in supervision.

(c)Once every 60 days, the supervising speech-language pathologist must treat or cotreat with the speech-language pathology assistant each client on the speech-language pathology assistant's caseload.

(d)For purposes of this section, "direct supervision" means observation and guidance by the supervising speech-language pathologist during the performance of a delegated duty that occurs either on-site and in-view or through the use of real-time, two-way interactive audio and visual communication. The supervision requirements described in this section are minimum requirements. Additional supervision requirements may be imposed at the discretion of the supervising speech-language pathologist.

(e)A supervising speech-language pathologist must be available to communicate with a speech-language pathology assistant at any time the assistant is in direct contact with a client.

(f)A supervising speech-language pathologist must document activities performed by the assistant that are directly supervised by the supervising speech-language pathologist. At a minimum, the documentation must include:

(1)information regarding the quality of the speech-language pathology assistant's performance of the delegated duties; and

(2)verification that any delegated clinical activity was limited to duties authorized to be performed by the speech-language pathology assistant under this section.

(g)A supervising speech-language pathologist must review and cosign all informal treatment notes signed or initialed by the speech-language pathology assistant.

(h)A full-time, speech-language pathologist may supervise no more than two full-time, speech-language pathology assistants or the equivalent of two full-time assistants.

(i)If the commissioner determines that a speech-language pathology assistant licensed under section 148.5181 violates any part of sections 148.511 to 148.5198 and is supervised by a speech-language pathologist licensed by the Professional Educator Licensing and Standards Board (PELSB), the commissioner must immediately notify PELSB. Upon such notification, PELSB must initiate an investigation of the supervising speech-language pathologist. PELSB must share the result of the investigation with the commissioner.

Subd. 4. Notification.

Any agency or clinic that intends to utilize the services of a speech-language pathology assistant must provide written notification to the client or, if the client is younger than 18 years old, to the client's parent or guardian before a speech-language pathology assistant may perform any of the duties described in this section.