Title of Regulation: 18VAC30-21. Regulations Governing Audiology and Speech-Language Pathology (amending 18VAC30-21-80).

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

Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: February 19, 2020.

Effective Date: March 5, 2020.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Audiology and Speech-Language Pathology, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 597-4130, or email audbd@dhp.virginia.gov.

Basis: Regulations Governing Audiology and Speech-Language Pathology (18VAC30-20) are promulgated under the general authority of Chapter 24 of Title 54.1 of the Code of Virginia. Section 54.1-2400 provides the Board of Audiology and Speech-Language Pathology the authority to promulgate regulations to administer the regulatory system.

Purpose: The purpose of the amendment is to ease the path to licensure by endorsement for certain applicants who have met the current and restricted certification requirement but have less than 12 months of practice prior to application. These applicants are recent graduates in audiology or speech-language pathology who became licensed in another state but are now relocating to Virginia. Since the applicants have completed their education and examination within the past 12 months, it is not necessary to have active practice to ensure current competency for the health and safety of patients or clients in Virginia, and the board should be able to grant them a full license without requiring six months of provisional licensure. The amendments will have no negative impact on the public's health, safety, or welfare.

Rationale for Using Fast-Track Rulemaking Process: The board is amending the regulation to eliminate an unnecessary barrier to licensure by some recent graduates, so it is expected to be noncontroversial.

Substance: 18VAC30-21-80 is amended to allow the board to grant licensure by endorsement for an applicant who graduated from an accredited program in audiology or speech-language pathology within 12 months immediately preceding application. Such applicant 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 the American Speech-Language-Hearing Association or certification issued by the American Board of Audiology or any other accrediting body recognized by the board.

Issues: The primary advantage of this change is a less burdensome pathway to licensure for recent graduates who may want to locate their practice in Virginia. There are no disadvantages to the public. There are no advantages and 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 permit the granting of licensure by endorsement for an applicant who graduated from an accredited program in audiology or speech-language pathology within 12 months immediately preceding application without evidence of active practice if the applicant holds either (1) a current and unrestricted Certificate of Clinical Competence in the area in which he seeks licensure issued by the American Speech-Language-Hearing Association or (2) a certification issued by the American Board of Audiology or any other accrediting body recognized by the Board.

Background. The Regulations Governing Audiology and Speech-Language Pathology require applicants for Virginia licensure in audiology or speech-language pathology who have been licensed in another United States jurisdiction to apply via the licensure by endorsement route. Under the current regulation, applicants for licensure by endorsement must, among other requirements, submit documentation of evidence of either a) active practice in another United States jurisdiction for at least one of the past three years, or b) practice for six months with a provisional license and provide evidence of a recommendation for licensure by the applicant's supervisor. This active practice requirement is designed to ensure current competency for the health and safety of patients or clients.² Since the applicants affected by the proposed amendment would have completed their education and examination within the past 12 months, the Board does not believe the active practice requirement is necessary to ensure that these individuals have current competency. Additionally, the standard route to initial Virginia licensure contains no active practice requirement.

Estimated Benefits and Costs. Under the current regulation, applicants for Virginia licensure as audiologists or speech-language pathologists who are licensed in another United States jurisdiction and have graduated from an accredited program in audiology or speech-language pathology within 12 months immediately preceding application would be required to spend six months in a provisional status under the supervision of a Virginia licensee prior to gaining Virginia licensure. The proposed amendment would affectively negate this requirement and permit such individuals to become fully licensed right away. This is clearly beneficial for the affected individuals in that their initial job opportunities and earnings are likely to be higher. Additionally, employers of audiologists and speech-language pathologists may gain a slightly larger pool of fully licensed applicants to choose from. There does not appear to be any cost associated with the proposed amendment.

Businesses and Other Entities Affected. The proposed amendment affects applicants for Virginia licensure as audiologists or speech-language pathologists who are licensed in another United States jurisdiction and have graduated from an accredited program in audiology or speech-language pathology within 12 months immediately preceding application, as well as their potential employers.³ The Department of Health Professions reports that it knows of fewer than 10 past applicants who would have been affected by the amendment. Thus the likely number of affected entities is small. The proposed amendment does not appear to impose costs.

Localities⁴ Affected.⁵ The proposed amendment applies statewide and does not disproportionately affect any particular locality. The proposed amendment does not appear to introduce costs for local governments.

Projected Impact on Employment. The proposed amendment is not likely to substantially affect total employment.

Effects on the Use and Value of Private Property. The proposal may allow a few firms to employ audiologists or speech-language pathologists who are licensed in another United States jurisdiction and have graduated from an accredited program in audiology or speech-language pathology within 12 months without supervision. This may moderately reduce their costs, moderately increasing their net value.

The proposed amendment does not affect real estate development costs.

Adverse Effect on Small Businesses:⁶ The proposed amendment does not appear to adversely affect small businesses.

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²Source: Department of Health Professions

³The Department of Health Professions licenses individual audiologists and speech-language pathologists, but not their employers. Consequently, the number of licensed individuals is available, but the number of employers is not.

⁴"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁵§ 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

⁶Pursuant 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."

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 amendment allows the Board of Audiology and Speech-Language Pathology to grant licensure by endorsement to an applicant who graduated from an accredited program in audiology or speech-language pathology within the 12 months immediately preceding application. The applicant 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 American Speech-Language-Hearing Association or certification issued by the American Board of Audiology or any other accrediting body recognized by the board.

18VAC30-21-80. Qualifications for licensure by endorsement.

An applicant for licensure in audiology or speech-language pathology who has been licensed in another United States jurisdiction shall apply for licensure in Virginia in accordance with application requirements in 18VAC30-21-50 and submission of documentation of:

1. Ten continuing education hours for each year in which he the applicant has been licensed in the other jurisdiction, not to exceed 30 hours, or a current and unrestricted Certificate of Clinical Competence in the area in which he the applicant seeks licensure issued by ASHA or certification issued by the American Board of Audiology or any other accrediting body recognized by the board. Verification of currency shall be in the form of a certified letter from a recognized accrediting body issued within six months prior to filing an application for licensure;

2. Passage of the qualifying examination from an accrediting body recognized by the board;

3. Current status of licensure in any other United States jurisdiction showing that the license is current and unrestricted or, if lapsed, is eligible for reinstatement and that no disciplinary action is pending or unresolved. The board may deny a request for licensure to any applicant who has been determined to have committed an act in violation of 18VAC30-21-160; and

4. 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 his the applicant's supervisor. An applicant who graduated from an accredited program in audiology or speech-language pathology within 12 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 the American Board of Audiology or any other accrediting body recognized by the board.