SB-0493, As Passed Senate, December 19, 2008

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 493

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

(MCL 333.1101 to 333.25211) by adding section 16342 and part 176.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 16342. Fees for an individual licensed or seeking

 

 2  licensure as a speech-language pathologist under part 176 are as

 

 3  follows:

 

 

4

     (a) Application processing fee.....................$ 20.00

5

     (b) License fee, per year..........................  75.00.

 

 

 6               PART 176. SPEECH-LANGUAGE PATHOLOGY

 

 7        Sec. 17601. (1) As used in this part:

 

 8        (a) "Practice of speech-language pathology", subject to

 

 9  subsection (2), means the application of principles, methods, and


 

 1  procedures related to the development of disorders of human

 

 2  communication including the following:

 

 3        (i) Identifying by history or nonmedical physical

 

 4  examination, assessing, treating with therapy, rehabilitating,

 

 5  and preventing disorders of speech, voice, and language.

 

 6        (ii) Identifying by history or nonmedical physical

 

 7  examination, assessing, treating with therapy, rehabilitating,

 

 8  and preventing disorders of oral-pharyngeal function and

 

 9  disorders related to swallowing dysfunction.

 

10        (iii) Identifying by history or nonmedical physical

 

11  examination, assessing, treating with therapy, rehabilitating,

 

12  and preventing cognitive-communicative disorders.

 

13        (iv) Assessing, selecting, and developing augmentative and

 

14  alternative communication systems and providing training in their

 

15  use.

 

16        (v) Providing speech-language treatment or therapy and

 

17  related counseling services to hearing impaired individuals and

 

18  their families.

 

19        (vi) Enhancing speech-language proficiency and communication

 

20  effectiveness.

 

21        (vii) Screening of hearing for the purpose of speech-language

 

22  assessment provided that judgments and descriptive statements

 

23  about results of that screening are limited to pass-fail

 

24  determinations.

 

25        (b) "Speech-language pathologist" means an individual

 

26  engaged in the practice of speech-language pathology.

 

27        (2) Practice of speech-language pathology does not include


 

 1  either of the following:

 

 2        (a) The practice of medicine or osteopathic medicine and

 

 3  surgery or medical diagnosis, medical management with medication,

 

 4  surgical interventions, ordering medical testing, or medical

 

 5  treatment.

 

 6        (b) The fitting and dispensing of hearing aids as provided

 

 7  by article 13 of the occupational code, 1980 PA 299, MCL 339.1301

 

 8  to 339.1309.

 

 9        (3) In addition to the definitions in this part, article 1

 

10  contains general definitions and principles of construction

 

11  applicable to all articles in this act and part 161 contains

 

12  definitions applicable to this part.

 

13        Sec. 17603. Beginning the effective date of this part, an

 

14  individual shall not use the titles "speech-language

 

15  pathologist", "speech pathologist", "speech therapist", "speech

 

16  correctionist", "speech clinician", "language therapist",

 

17  "language pathologist", "logopedist", "communicologist",

 

18  "aphasiologist", "phoniatrist", "voice therapist", and "voice

 

19  pathologist", or similar words that indicate that the individual

 

20  is a speech-language pathologist, unless the individual is

 

21  licensed under this part as a speech-language pathologist.

 

22        Sec. 17605. (1) The Michigan board of speech-language

 

23  pathology is created in the department and consists of the

 

24  following 11 members who meet the requirements of part 161:

 

25        (a) Six individuals who meet the requirements of section

 

26  16135(2), at least 1 of whom represents each professional area

 

27  described in section 17609.


 

 1        (b) Three public members.

 

 2        (c) Two physicians, 1 of whom is a board-certified

 

 3  otolaryngologist.

 

 4        (2) The terms of office of individual members of the board

 

 5  created under this part, except those appointed to fill vacancies

 

 6  and as otherwise provided in this subsection, expire 4 years

 

 7  after appointment on December 31 of the year in which the term

 

 8  expires. However, for the members first appointed, 2 shall serve

 

 9  for 1 year, 3 shall serve for 2 years, 3 shall serve for 3 years,

 

10  and 3 shall serve for 4 years

 

11        Sec. 17607. (1) An individual shall not engage in the

 

12  practice of speech-language pathology unless licensed under this

 

13  part.

 

14        (2) A licensee shall not perform an act, task, or function

 

15  within the practice of speech-language pathology unless he or she

 

16  is trained to perform the act, task, or function and the

 

17  performance of that act, task, or function is consistent with the

 

18  rules promulgated under section 17610(3). A speech-language

 

19  pathologist shall refer a patient to a person licensed in the

 

20  practice of medicine or osteopathic medicine and surgery if signs

 

21  or symptoms identified during the practice of speech-language

 

22  pathology cause the speech-language pathologist to suspect that

 

23  the patient has an underlying medical condition.

 

24        (3) A licensee shall perform assessment, treatment or

 

25  therapy, and procedures related to swallowing disorders and

 

26  medically related communication disorders only on patients who

 

27  have been referred to him or her by a person licensed in the


 

 1  practice of medicine or osteopathic medicine and surgery.

 

 2        (4) Limited diagnostic testing, such as endoscopic

 

 3  videolaryngostroboscopy, shall only be performed by a licensee in

 

 4  collaboration with or under the supervision of a person licensed

 

 5  in the practice of medicine or osteopathic medicine and surgery.

 

 6        (5) A licensee shall follow procedures in which

 

 7  collaboration among the licensee and a person licensed in the

 

 8  practice of medicine or osteopathic medicine and surgery and

 

 9  other licensed health care professionals is regarded to be in the

 

10  best interests of the patient.

 

11        (6) Subsection (1) does not prevent any of the following:

 

12        (a) An individual licensed or registered under any other

 

13  part or act from performing activities that are considered

 

14  speech-language pathology services if those activities are within

 

15  the individual's scope of practice and if the individual does not

 

16  use the titles protected under section 17603.

 

17        (b) The practice of speech-language pathology that is an

 

18  integral part of a program of study by students enrolled in an

 

19  accredited speech-language pathology educational program approved

 

20  by the board, provided that those individuals are identified as

 

21  students and provide speech-language pathology services only

 

22  while under the supervision of a licensed speech-language

 

23  pathologist.

 

24        (c) Self-care by a patient or uncompensated care by a friend

 

25  or family member who does not represent or hold himself or

 

26  herself out to be a licensed speech-language pathologist.

 

27        Sec. 17609. (1) The department shall, upon submission of a


 

 1  completed application and payment of the appropriate application

 

 2  processing and license fee, issue a license under this part to

 

 3  the following:

 

 4        (a) An individual who meets the requirements of subsection

 

 5  (2) or (3).

 

 6        (b) An individual who possesses a master's or doctor of

 

 7  science or doctor of philosophy degree in speech-language

 

 8  pathology acceptable to the board, who has successfully completed

 

 9  an accredited speech-language pathology training program approved

 

10  by the department and the board that has at least 9 months, or

 

11  the equivalent, of full-time supervised postgraduate clinical

 

12  experience in speech-language pathology, and who passes an

 

13  examination acceptable to the board.

 

14        (2) A certified teacher who, on the day before the effective

 

15  date of this part, was endorsed in the area of speech and

 

16  language impairment for the sole purpose of providing services as

 

17  a part of employment or contract with a school district,

 

18  intermediate school district, nonpublic school, or state

 

19  department that provides educational services is eligible for a

 

20  license under this part. An individual who meets the requirements

 

21  of this subsection shall first apply for a license on or before

 

22  the expiration of 2 years after the effective date of this part.

 

23  An individual who obtains a license under this subsection is

 

24  eligible for renewal of that license under this part if he or she

 

25  continues to meet the requirements of this subsection.

 

26        (3) An individual who, on the day before the effective date

 

27  of this part, has the credential conferred by the American


 

 1  speech-language-hearing association as a certified speech-

 

 2  language-pathologist is eligible for a license under this part.

 

 3  An individual who meets the requirements of this subsection and

 

 4  who maintains the credential conferred by the American speech-

 

 5  language-hearing association or a successor credential conferred

 

 6  by its successor organization shall first apply for a license on

 

 7  or before the expiration of 2 years after the effective date of

 

 8  this part. An individual who obtains a license under this

 

 9  subsection is eligible for renewal of that license under this

 

10  part if he or she continues to meet the requirements of this

 

11  subsection.

 

12        (4) An individual may apply for a temporary license under

 

13  this subsection for the purpose of completing a supervised

 

14  postgraduate clinical experience. The department shall issue a

 

15  temporary license under this subsection for a period not to

 

16  exceed 12 months. An individual seeking a temporary license under

 

17  this subsection shall obtain a temporary license before beginning

 

18  the supervised postgraduate clinical experience. At the

 

19  conclusion of the postgraduate clinical experience, the

 

20  individual's supervisor shall sign and submit to the department a

 

21  report that documents the individual's satisfactory completion of

 

22  the supervised postgraduate clinical experience. To be eligible

 

23  for a temporary license under this subsection, an applicant shall

 

24  meet all of the following requirements:

 

25        (a) Possess a master's or doctor of science or doctor of

 

26  philosophy degree in speech-language pathology acceptable to the

 

27  board. An applicant shall have his or her academic transcripts


 

 1  provided directly to the department by the academic institution.

 

 2        (b) Submit a plan for supervised postgraduate clinical

 

 3  experience on a form approved by the board and signed by a

 

 4  licensed professional who will provide supervision.

 

 5        Sec. 17610. (1) The department, in consultation with the

 

 6  board, may promulgate rules under section 16145 as necessary or

 

 7  appropriate to fulfill its functions under this article and to

 

 8  supplement the requirements for licensure under this part,

 

 9  including adopting updated standards of that organization or

 

10  standards of any successor organization of the American speech-

 

11  language-hearing association.

 

12        (2) Subject to section 16204, the department shall by rule

 

13  prescribe continuous professional development as a condition for

 

14  licensure renewal.

 

15        (3) The department, in consultation with the board, shall

 

16  promulgate rules regarding the performance of speech-language

 

17  pathology that includes, but is not limited to, the performance

 

18  of procedures described in section 17601(1)(a)(ii). The rules

 

19  shall recognize and incorporate the requirements described in

 

20  section 17607(3) and (4) and the need for collaboration among a

 

21  speech-language pathologist and a person licensed in the practice

 

22  of medicine or osteopathic medicine and surgery and other

 

23  licensed health care professionals.

 

24        Sec. 17611. The department may issue a license by

 

25  endorsement to an applicant from another state that has licensure

 

26  requirements substantially equivalent to this part, as determined

 

27  by the board.


 

 1        Sec. 17613. This part does not require new or additional

 

 2  third party reimbursement or mandated worker's compensation

 

 3  benefits for services rendered by an individual licensed under

 

 4  this part.