SB-0493, As Passed Senate, September 23, 2008

 

 

 

 

 

 

 

 

 

 

 

 

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" means the


 

 1  application of principles, methods, and procedures related to the

 

 2  development of disorders of human communication including the

 

 3  following:

 

 4        (i) Identifying by history or nonmedical physical

 

 5  examination, assessing, treating with therapy, rehabilitating,

 

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

 

 7        (ii) Identifying by history or nonmedical physical

 

 8  examination, assessing, treating with therapy, rehabilitating,

 

 9  and preventing disorders of oral-pharyngeal function and

 

10  disorders related to swallowing dysfunction.

 

11        (iii) Identifying by history or nonmedical physical

 

12  examination, assessing, treating with therapy, rehabilitating,

 

13  and preventing cognitive-communicative disorders.

 

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

 

15  alternative communication systems and providing training in their

 

16  use.

 

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

 

18  related counseling services to hearing impaired individuals and

 

19  their families.

 

20        (vi) Enhancing speech-language proficiency and communication

 

21  effectiveness.

 

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

 

23  assessment provided that judgments and descriptive statements

 

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

 

25  determinations.

 

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

 

27  engaged in the practice of speech-language pathology.


 

 1        (c) A speech-language pathologist shall perform assessment,

 

 2  treatment or therapy, and procedures related to swallowing

 

 3  disorders and medically related communication disorders only on

 

 4  patients who have been referred to him or her by a person

 

 5  licensed in the practice of medicine or osteopathic medicine and

 

 6  surgery.

 

 7        (d) Limited diagnostic testing, such as endoscopic

 

 8  videolaryngostroboscopy, shall be performed in collaboration with

 

 9  or under the supervision of a person licensed in the practice of

 

10  medicine or osteopathic medicine and surgery.

 

11        (e) A speech-language pathologist shall follow procedures in

 

12  which collaboration among a speech-language pathologist and a

 

13  person licensed in the practice of medicine or osteopathic

 

14  medicine and surgery and other licensed health care professionals

 

15  is regarded to be in the best interests of the patient.

 

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

 

17  either of the following:

 

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

 

19  surgery or medical diagnosis, medical management with medication,

 

20  surgical interventions, ordering medical testing, or medical

 

21  treatment.

 

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

 

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

 

24  to 339.1309.

 

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

 

26  contains general definitions and principles of construction

 

27  applicable to all articles in this code and part 161 contains


 

 1  definitions applicable to this part.

 

 2        Sec. 17603. Beginning the effective date of the amendatory

 

 3  act that added this part, an individual shall not use the titles

 

 4  "speech-language pathologist", "speech pathologist", "speech

 

 5  therapist", "speech correctionist", "speech clinician", "language

 

 6  therapist", "language pathologist", "logopedist",

 

 7  "communicologist", "aphasiologist", "phoniatrist", "voice

 

 8  therapist", and "voice pathologist", or similar words that

 

 9  indicate that the individual is a speech-language pathologist,

 

10  unless the individual is licensed under this article as a speech-

 

11  language pathologist.

 

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

 

13  pathology is created in the department and consists of the

 

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

 

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

 

16  16135(2).

 

17        (b) Three public members.

 

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

 

19  otolaryngologist.

 

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

 

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

 

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

 

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

 

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

 

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

 

26  and 3 shall serve for 4 years

 

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


 

 1  practice of speech-language pathology unless licensed under this

 

 2  part.

 

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

 

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

 

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

 

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

 

 7  rules promulgated under section 17609(4). A speech-language

 

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

 

 9  practice of medicine or osteopathic medicine and surgery if signs

 

10  or symptoms identified during the practice of speech-language

 

11  pathology cause the speech-language pathologist to suspect that

 

12  the patient has an underlying medical condition.

 

13        (3) Subsection (1) does not prevent any of the following:

 

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

 

15  part or act from performing activities that are considered

 

16  speech-language pathology services if those activities are within

 

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

 

18  use the titles protected under section 17603.

 

19        (b) An individual not licensed under this part from

 

20  performing activities that are considered speech-language

 

21  pathology services as long as he or she is engaged in clinical

 

22  fellowship, is under the supervision of an individual who is

 

23  licensed under this part, and does not hold himself or herself

 

24  out as an individual licensed under this part or use the titles

 

25  protected under section 17603.

 

26        (c) The practice of speech-language pathology that is an

 

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


 

 1  accredited speech-language pathology educational program approved

 

 2  by the board, provided that they are identified as students and

 

 3  provide speech-language pathology services only while under the

 

 4  supervision of a licensed speech-language pathologist.

 

 5        (d) An individual who meets the qualifications established

 

 6  by the state board of education as a teacher of the speech and

 

 7  language impaired and who is employed or contracted for

 

 8  employment by a school district, intermediate school district,

 

 9  nonpublic school, or department of state government that provides

 

10  educational services from engaging in his or her practice as part

 

11  of that employment. However, a teacher of the speech and language

 

12  impaired who engages in his or her practice outside of his or her

 

13  employment with a school district, intermediate school district,

 

14  nonpublic school, or department of state government that provides

 

15  educational services shall be licensed under this part.

 

16        (e) Self-care by a patient or uncompensated care by a friend

 

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

 

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

 

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

 

20  completed application and payment of the appropriate application

 

21  processing and license fee, issue a license under this part to an

 

22  individual who possesses a master's or doctor of science or

 

23  doctor of philosophy degree in speech-language pathology

 

24  acceptable to the board and who fulfills either of the following:

 

25        (a) Successful completion of an accredited speech-language

 

26  pathology training program approved by the department and the

 

27  board having at least 9 months, or the equivalent, of full-time


 

 1  supervised postgraduate clinical experience in speech-language

 

 2  pathology and passing a national examination acceptable to the

 

 3  board.

 

 4        (b) Having the credential conferred by the American speech-

 

 5  language-hearing association or its successor organization as a

 

 6  certified speech-language-pathologist or its successor

 

 7  credential, acceptable to the board. The credential conferred by

 

 8  the American speech-language-hearing association as a certified

 

 9  speech-language pathologist is considered the substantial

 

10  equivalent to the requirements of subdivision (a) and that

 

11  credential and the standards of qualification for that

 

12  credential, as they exist on the effective date of the amendatory

 

13  act that added this part, are adopted by reference.

 

14        (2) The department, in consultation with the board, may

 

15  promulgate rules under section 16145 as necessary or appropriate

 

16  to fulfill its functions under this article and to amend or

 

17  supplement the requirements for licensure under subsection (1),

 

18  including adopting updated standards of that organization or

 

19  standards of any successor organization of the American speech-

 

20  language-hearing association.

 

21        (3) Subject to section 16204, the department shall by rule

 

22  prescribe continuous professional development as a condition for

 

23  licensure renewal.

 

24        (4) The department, in consultation with the board, shall

 

25  promulgate rules regarding the performance of speech-language

 

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

 

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


 

 1  shall recognize and incorporate the requirements described in

 

 2  section 17601(1)(c) and (d) and the need for collaboration among

 

 3  a speech-language pathologist and a person licensed in the

 

 4  practice of medicine or osteopathic medicine and surgery and

 

 5  other licensed health care professionals.

 

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

 

 7  endorsement to an applicant from another state that has licensure

 

 8  requirements substantially equivalent to this part, as determined

 

 9  by the board.

 

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

 

11  third party reimbursement or mandated worker's compensation

 

12  benefits for services rendered by an individual licensed under

 

13  this part.