Title of Regulation: 18VAC30-21. Regulations Governing Audiology and Speech-Language Pathology (amending 18VAC30-21-110, 18VAC30-21-120; repealing 18VAC30-21-130).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: March 8, 2017.

Effective Date: March 23, 2017.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4630, FAX (804) 527-4471, or email audbd@dhp.virginia.gov.

Basis: Section 54.1-2400 of the Code of Virginia authorizes the Board of Audiology and Speech-Language Pathology to promulgate regulations to administer the regulatory system.

Purpose: The purpose of the amendments is to remove outdated language and clarify the reinstatement and reactivation requirements for school speech-language pathologists. The Code of Virginia currently requires all school speech-language pathologists to hold a license issued by the board but no longer requires endorsement by the Department of Education; 18VAC30-21-130 retained the reference in previous regulations to such endorsement when someone is applying for reinstatement or reactivation.

Additionally, requirements for reinstatement do not include a certification issued by the American Board of Audiology, which is the credential some audiologists maintain rather than American Speech-Language-Hearing Association certification. Clarity in regulatory language avoids confusion and promotes compliance with license laws and regulations for the health and safety of clients who utilize speech-language services.

Rationale for Using Fast-Track Rulemaking Process: The amendments remove outdated and confusing information, clarify requirements for reactivation or reinstatement, and include an additional credential that may be submitted for reinstatement. All changes are noncontroversial and less restrictive.

Substance: Proposed amendments clarify that school speech-language pathologists are included in provisions for inactive licensure and reactivation or reinstatement of licensure, and they repeal the related, outdated section. The proposal also makes documentation of current certification by the American Board of Audiology acceptable as the credential that may be used to demonstrate competency for reinstatement of a lapsed licensed by an audiologist.

Issues: There are no real advantages or disadvantages to the public; the amended regulations are clarifying rather than substantive. There are no advantages or disadvantages to the agency or the Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Board of Audiology and Speech-Language Pathology (Board) proposes to amend its regulation to clarify that school speech-language pathologists are included in general provisions for inactive licensure of Board licensees and to remove an obsolete section that dealt separately with inactive licensure for school speech-language pathologists. The Board also proposes to add an additional professional organization whose certification will be accepted by the Board as proof of demonstrated competency for the purposes of reinstatement of audiologists' lapsed licenses.

Result of Analysis. Benefits outweigh costs for all proposed changes.

Estimated Economic Impact. Current regulation contains a section on inactive licensure for school speech-language pathologists who were dually licensed by the Board and the Department of Education. This section became obsolete in 2014 when the General Assembly mandated that school speech-language pathologists be solely licensed by the Board. In response to this General Assembly action, the Board now proposes to add speech-language pathologists to the section governing inactive licensure for all Board licensees and remove the obsolete language that dealt solely with school speech language pathologists. These changes will not change any substantive requirements for inactive licensure. Accordingly, no entity is likely to incur costs on account of these proposed changes. All interested parties will benefit from the additional clarity these proposed changes bring to the regulation.

Currently, the Board allows a licensee who has allowed his license to lapse for longer than one year to reinstate that license with proof of either current American Speech-Language-Hearing Association (ASHA) certification or documentation of having completed at least 10 continuing education (CE) hours for each year his license was lapsed in Virginia (not to exceed 30 CE hours). The Board now proposes to add current certification by the American Board of Audiology or any other accrediting body recognized by the Board to the list of documentation that would demonstrate continuing competency for the purposes of reinstating lapsed licenses. This change will benefit licensees as it gives them a greater number of options to prove continuing competency to the Board's satisfaction. This may allow them to decrease their time or dollar costs to reinstate lapsed licenses. Because the Board will still be ensuring acceptable competency and licensees are not required to use the additional options allowed by the Board, no entity is likely to incur costs on account of this proposed change.

Businesses and Entities Affected. These proposed regulatory changes will affect the 507 audiologists and 484 school speech-language pathologists licensed by the Board.

Localities Particularly Affected. No locality is likely to be particularly affected by these proposed regulatory changes.

Projected Impact on Employment. These proposed regulatory changes are unlikely to affect employment in the Commonwealth.

Effects on the Use and Value of Private Property. These proposed regulatory changes are unlikely to affect the use or value of private property in the Commonwealth.

Real Estate Development Costs. These proposed regulatory changes are unlikely to affect real estate development costs in the Commonwealth.

Small Businesses:

Definition. Pursuant to § 2.2-4007.04 of the Code of Virginia, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

Costs and Other Effects. No small businesses will be adversely affected by these proposed regulatory changes.

Alternative Method that Minimizes Adverse Impact. No small businesses will be adversely affected by these proposed regulatory changes.

Adverse Impacts:

Businesses. No businesses will be adversely affected by these proposed regulatory changes.

Localities. Localities in the Commonwealth are unlikely to see any adverse impacts on account of these proposed regulatory changes.

Other Entities. No other entities are likely to be adversely affected by these proposed changes.

Agency's Response to Economic Impact Analysis: The Board of Audiology and Speech-Language Pathology concurs with the analysis of the Department of Planning and Budget.

Summary:

The amendments (i) clarify that school speech-language pathologists are included in provisions regarding an inactive license, (ii) repeal an obsolete provision regarding school speech-language pathologists, and (iii) add the American Board of Audiology as an organization whose certification may be used to demonstrate competency for the reinstatement of a lapsed audiologist license.

Part IV
Reactivation and Reinstatement

18VAC30-21-110. Inactive licensure; reactivation for audiologists, or speech-language pathologists, or school speech-language pathologists.

A. An audiologist or, 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 and who requests reactivation of an active license shall file an application, pay the difference between the inactive and active renewal fees for the current year, and provide documentation of current ASHA certification or of having completed 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.

C. A licensee who does not reactivate within five years shall meet the requirements of subsection B of this section and shall either:

1. Meet the requirements for initial licensure as prescribed by 18VAC30-21-60; or

2. Provide documentation of a current license in another jurisdiction in the United States and evidence of active practice for at least one of the past three years or practice in accordance with 18VAC30-21-70 with a provisional license for six months and submit a recommendation for licensure from his supervisor.

D. If the licensee holds licensure in any other state or jurisdiction, he shall provide evidence that no disciplinary action is pending or unresolved. 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.

18VAC30-21-120. Reinstatement of a lapsed license for audiologists or, speech-language pathologists, or school speech-language pathologists.

A. 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 a reinstatement application, payment of the reinstatement fee, and submission of documentation of current ASHA certification a current Certificate of Clinical Competence issued by ASHA or certification issued by the American Board of Audiology or any other accrediting body recognized by the board or 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.

B. A licensee who does not reinstate within five years shall meet the requirements of subsection A of this section and shall either:

1. Reinstate by meeting the requirements for initial licensure as prescribed by 18VAC30-21-60; or

2. Provide documentation of a current license in another United States jurisdiction and evidence of active practice for at least one of the past three years or practice in accordance with 18VAC30-21-70 with a provisional license for six months and submit a recommendation for licensure from his supervisor.

C. If the licensee holds licensure in any other state or jurisdiction, he shall provide evidence that no disciplinary action is pending or unresolved. 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.

18VAC30-21-130. Reactivation or reinstatement of a school speech-language pathologist. (Repealed.)

A. A school speech-language pathologist whose license has been inactive and who requests reactivation of an active license shall file an application and pay the difference between the inactive and active renewal fees for the current year. A school speech-language pathologist whose license has lapsed and who requests reinstatement shall file an application and pay the reinstatement fee as set forth in 18VAC30-21-40.

B. The board may reactivate or reinstate licensure as a school speech-language pathologist to an applicant who:

1. Holds a master's degree in speech-language-pathology; and

2. Holds a current endorsement in speech-language pathology from the Virginia Department of Education.

C. The board may deny a request for reactivation or reinstatement to any licensee who has been determined to have committed an act in violation of 18VAC30-21-160.