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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2019

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24 DE Admin. Code 3700
After due notice in the Delaware Register of Regulations and two Delaware newspapers, a public hearing was held on August 21, 2018 at a scheduled meeting of the Delaware Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers (“the Board”) to receive comments regarding the Board’s proposed revisions to its rules and regulations.
Pursuant to the Administrative Procedures Act, 29 Del.C. §10115, notice of the proposed amendments to the rules and regulations was published on July 1, 2018 in the Delaware Register of Regulations, Volume 22, Issue 1. Notice of the August 21, 2018 hearing was also published in the News Journal (Exhibit 1) and the Delaware State News Exhibit 2. Pursuant to 29 Del.C. §10118(a), the date to receive final written comments was September 5, 2018, 15 days following the public hearing. The Board deliberated on the proposed revisions at its regularly scheduled meeting on September 18, 2018.
Board Exhibit 1: News Journal Affidavit of Publication.
Board Exhibit 2: Delaware State News Affidavit of Publication.
Pursuant to 24 Del.C. §3706(a)(1), the Board has the statutory authority to promulgate rules and regulations. The public was given notice and an opportunity to provide the Board with comments in writing and by testimony on the proposed amendments to the Board’s rules and regulations. There was no verbal testimony and the submitted written comments expressed support for the Board’s proposed amendments. In these circumstances, the Board finds no reason to amend the rules and regulations as proposed.
IT IS SO ORDERED this 20th day of November, 2018 by the Delaware Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.
1.1 Applications and other forms may be obtained from and be returned to the Division of Professional Regulation (Division). Please address correspondence to the Board: ATTN: SLP-AUD-HAD and mail to 861 Silver Lake Blvd., Ste. 203, Dover, DE 19904-2467. Information Division of Professional Regulation (Division) information and forms are also available on the Division’s web site dpr.delaware.gov.
1.2 Fees required by statute shall be made payable to: “State of Delaware” and remitted to the Division. No license shall be issued until all required fees are paid.
2.2.1 The Speech/Language Pathology applicant must have completed a minimum of 400 clock hours of supervised clinical practicum experience. Clinical observation may qualify for up to 25 of the hours in the supervised clinical practicum. At least 25 hours must have been spent in clinical observation and at least 375 clock hours must have been spent in direct client/patient contact.
2.2.2 A minimum of 250 325 clock hours in the area of specialty of the supervised clinical practicum must have been obtained be completed at the graduate level.
2.3.1 The Speech/Language Pathology or Audiology applicant must have the equivalent of nine (9) months of full‑time or eighteen (18) months of part time (defined as 15‑20 hours per week) supervision in the major professional area in which the license is being sought. 36 weeks of full-time (35 hours per week) experience (or the equivalent part-time experience) totaling a minimum of 1,260 hours. Part-time work can be completed, as long as the clinical fellow works more than 5 hours per week. Working more than 35 hours per week will not shorten the minimum requirement of 36 weeks. The CFY CF must start after completion of the academic and clinical practicum requirements.
* Supervision is defined as direct observation consisting of 36 supervisory activities, including 18 one hour on‑site observations and 18 other monitoring activities. (From standards adopted by the American Speech-Language-Hearing Association (ASHA) in 1985 and revised in 2009, which can be found at www.asha.org)
2.4.1 The Speech/Language Pathology and Audiology applicant must have completed and passed the national examination approved by the Division of Professional Regulation for the area of specialty with at least the minimum nationally recommended score. Scores must be sent directly from the testing service to the Division of Professional Regulation.
2.6.3 An applicant who is currently licensed in another state, the District of Columbia, or territory of the United States whose standards for licensure are substantially similar to those of this state, must comply with 24 Del.C. §3710. Applicants for reciprocal licensure from states not substantially similar to this state shall provide proof of practice for a minimum of five years after licensure in addition to meeting the other qualifications in 24 Del.C. §3710. Verification of practice shall be by notarized letter from the employer(s).
3.1 Delaware-licensed Audiologists are authorized to dispense hearing aids, pursuant to 24 Del.C. §3702(9), and are not required to obtain a separate Hearing Aid Dispensing license. All other applicants shall meet the following requirements:
3.2.2.2 Training shall be completed under the direct supervision of a Delaware-licensed Hearing Aid Dispenser or Delaware-licensed Audiologist. “Direct supervision” means direct, on-site observations of the applicant by the supervisor. Applicants shall be under direct supervision for 100% of the time during the first two (2) months, 50% of the time during the subsequent two (2) months, and 25% of the time during the final two (2) months of the training period.
3.4.1 An applicant who is currently licensed in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this state, must comply with 24 Del.C. §3710. Applicants for reciprocal licensure from states not substantially similar to this state shall provide proof of practice for a minimum of five years after licensure in addition to meeting the other qualifications in 24 Del.C. §3710. Verification of practice shall be by notarized letter from the employer(s).
6.2.1 A Speech/Language Pathology Aide assists a licensed Speech/Language Pathologist in professional activities with direct supervision of the Speech/Language Pathologist. Direct supervision requires the presence of the supervising Speech/Language Pathologist at all times where an aide is assisting with testing, and/or treatment.
8.2.2 The required number of CEs varies with the date of issuance of license, certification and/or professional status. Effective as of the license renewal period beginning August 1, 2009, licensees must meet the following CE requirements:
8.2.2.3 Dual License: Individuals with licenses in two (2) areas of specialty must obtain a minimum of 30 CEs during each two-year license renewal period, with 15 CEs obtained in each specialty area. One course may be split between specialty areas to fulfill multiple CE requirements. Content must be shown to be relevant to those areas.
8.2.2.4 Temporary License: All CE requirements will be waived for temporary licensees; however, individuals are encouraged to participate in continuing education activities during their CFY period.
8.2.5.2 Attestation may must be completed online. In the alternative, paper renewal documents that contain the attestation of completion can be submitted.
8.3 Acceptable CE Courses/Activities
8.3.1 CE activities sponsored by accredited professional organizations, such as ASHA or AAA, are acceptable, provided the topics are relevant to the improvement of the licensee’s clinical skills or professional growth as defined in subsection 8.2.3.
9.1 PREAMBLE. The preservation of the highest standards of conduct and integrity is vital to achieving the statutory declaration of objectives in 24 Del.C. §3701. Adopting a code of ethics by regulation puts licensees on notice of the kinds of activity that violate the level of care and protection to which the clients are entitled. The provisions are not intended to be all-inclusive but rather they should serve as examples of obligations that must be satisfied to maintain minimum standards.
9.3.1.4 Licensees shall inform clients in any matter where there is or may be a conflict of interest. Conflicts of interest may be found when a client is steered to a particular provider by one with an expectation of financial gain (kickbacks) or a provider is involved in double dipping by providing services in a private practice that he or she is obligated to provide though public employment (double-dipping).
9.3.2.2 A licensee who has evidence that an individual is practicing the profession without a license in violation of 24 Del.C. §3707 has a duty to report that information to the Division of Professional Regulation.
11.012.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
11.112.1 If the report is received by the chairperson of the regulatory Board, that chairperson shall immediately notify the Director of Professional Regulation or his/her designate of the report. If the Director of Professional Regulation receives the report, he/she shall immediately notify the chairperson of the regulatory Board, or that chairperson's designate or designates.
11.212.2 The chairperson of the regulatory Board or that chairperson's designate or designates shall, within 7 days of receipt of the report, contact the individual in question and inform him/her in writing of the report, provide the individual written information describing the Voluntary Treatment Option, and give him/her the opportunity to enter the Voluntary Treatment Option.
11.312.3 In order for the individual to participate in the Voluntary Treatment Option, he/she shall agree to submit to a voluntary drug and alcohol screening and evaluation at a specified laboratory or health care facility. This initial evaluation and screen shall take place within 30 days following notification to the professional by the participating Board chairperson or that chairperson's designate(s).
11.412.4 A regulated professional with chemical dependency or impairment due to addiction to drugs or alcohol may enter into the Voluntary Treatment Option and continue to practice, subject to any limitations on practice the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional, deem necessary, only if such action will not endanger the public health, welfare or safety, and the regulated professional enters into an agreement with the Director of Professional Regulation or his/her designate and the chairperson of the participating Board or that chairperson's designate for a treatment plan and progresses satisfactorily in such treatment program and complies with all terms of that agreement. Treatment programs may be operated by professional Committees and Associations or other similar professional groups with the approval of the Director of Professional Regulation and the chairperson of the participating Board.
11.512.5 Failure to cooperate fully with the participating Board chairperson or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate in regard to the Voluntary Treatment Option or to comply with their requests for evaluations and screens may disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board chairperson or that chairperson's designate or designates shall cause to be activated an immediate investigation and institution of disciplinary proceedings, if appropriate, as outlined in subsection 11.8 12.8.
11.612.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
11.6.112.6.1 Entry of the regulated professional into a treatment program approved by the participating Board. Board approval shall not require that the regulated professional be identified to the Board. Treatment and evaluation functions must be performed by separate agencies to assure an unbiased assessment of the regulated professional's progress.
11.6.212.6.2 Consent to the treating professional of the approved treatment program to report on the progress of the regulated professional to the chairperson of the participating Board or to that chairperson's designate or designates or to the Director of the Division of Professional Regulation or his/her designate at such intervals as required by the chairperson of the participating Board or that chairperson's designate or designates or the Director of the Division of Professional Regulation or his/her designate, and such person making such report will not be liable when such reports are made in good faith and without malice.
11.6.312.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
11.6.412.6.4 Agreement by the regulated professional to be personally responsible for all costs and charges associated with the Voluntary Treatment Option and treatment program(s). In addition, the Division of Professional Regulation may assess a fee to be paid by the regulated professional to cover administrative costs associated with the Voluntary Treatment Option. The amount of the fee imposed under this subparagraph shall approximate and reasonably reflect the costs necessary to defray the expenses of the participating Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its services on behalf of the Board in addition to the administrative costs associated with the Voluntary Treatment Option.
11.6.512.6.5 Agreement by the regulated professional that failure to satisfactorily progress in such treatment program shall be reported to the participating Board's chairperson or his/her designate or designates or to the Director of the Division of Professional Regulation or his/ her designate by the treating professional who shall be immune from any liability for such reporting made in good faith and without malice.
11.6.612.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
11.712.7 The regulated professional's records of participation in the Voluntary Treatment Option will not reflect disciplinary action and shall not be considered public records open to public inspection. However, the participating Board may consider such records in setting a disciplinary sanction in any future matter in which the regulated professional's chemical dependency or impairment is an issue.
11.812.8 The participating Board's chairperson, his/her designate or designates or the Director of the Division of Professional Regulation or his/her designate may, in consultation with the treating professional at any time during the Voluntary Treatment Option, restrict the practice of a chemically dependent or impaired professional if such action is deemed necessary to protect the public health, welfare or safety.
11.912.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
11.1012.10 Failure to enter into such agreement or to comply with the terms and make satisfactory progress in the treatment program shall disqualify the regulated professional from the provisions of the Voluntary Treatment Option, and the participating Board shall be notified and cause to be activated an immediate investigation and disciplinary proceedings as appropriate.
11.1112.11 Any person who reports pursuant to this section in good faith and without malice shall be immune from any civil, criminal or disciplinary liability arising from such reports, and shall have his/her confidentiality protected if the matter is handled in a nondisciplinary matter.
11.1212.12 Any regulated professional who complies with all of the terms and completes the Voluntary Treatment Option shall have his/her confidentiality protected unless otherwise specified in a participating Board's rules and regulations. In such an instance, the written agreement with the regulated professional shall include the potential for disclosure and specify those to whom such information may be disclosed.
12.013.0 Crimes substantially related to the practice of speech/language pathology, audiology, and hearing aid dispensing.
12.113.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal or of the solicitation to commit any of the following crimes, is deemed to be a crime substantially related to the practice of speech/language pathology, audiology, and hearing aid dispensing in the State of Delaware without regard to the place of conviction:
12.1.113.1.1 Assault in the second degree. 11 Del.C. §612.
12.1.213.1.2 Assault in the first degree. 11 Del.C. §613.
12.1.313.1.3 Assault by abuse or neglect. 11 Del.C. §615.
12.1.413.1.4 Terroristic threatening; felony. 11 Del.C. §621
12.1.513.1.5 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
12.1.613.1.6 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
12.1.713.1.7 Murder in the second degree. 11 Del.C. §635.
12.1.813.1.8 Murder in the first degree. 11 Del.C. §636.
12.1.913.1.9 Unlawful Sexual Contact in the first degree. 11 Del.C. 769
12.1.1013.1.10 Rape in the fourth degree. 11 Del.C. §770
12.1.1113.1.11 Rape in the third degree. 11 Del.C. §771
12.1.1213.1.12 Rape in the second degree. 11 Del.C. §772
12.1.1313.1.13 Rape in the first degree. 11 Del.C. §773
12.1.1413.1.14 Sexual extortion. 11 Del.C. §776774
12.1.1513.1.15 Continuous sexual abuse of a child. 11 Del.C. §778776
12.1.1613.1.16 Dangerous crime against a child. 11 Del.C. §777
12.1.1713.1.17 Sex offender unlawful sexual conduct against a child. 11 Del.C. §777A
12.1.1813.1.18 Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree. 11 Del.C. §778
12.1.1913.1.19 Sexual abuse of a child by a person in a position of trust, authority or supervision in the second degree. 11 Del.C. §778A
12.1.2013.1.20 Kidnapping in the second degree. 11 Del.C. §783
12.1.2113.1.21 Kidnapping in the first degree. 11 Del.C. §783A
12.1.2213.1.22 Identity theft. 11 Del.C. §854
12.1.2313.1.23 Forgery. 11 Del.C. §861
12.1.2413.1.24 Insurance fraud. 11 Del.C. §913
12.1.2513.1.25 Health care fraud. 11 Del.C. §913A
12.1.2613.1.26 Dealing in children. 11 Del.C. §1100A
12.1.2713.1.27 Endangering the welfare of a child. 11 Del.C. §1102
12.1.2813.1.28 Crime against vulnerable adult. 11 Del.C. §1105
12.1.2913.1.29 Sexual exploitation of a child. 11 Del.C. §1108
12.1.3013.1.30 Unlawful dealing in child pornography. 11 Del.C. §1109
12.1.3113.1.31 Possession of child pornography. 11 Del.C. §1111
12.1.3213.1.32 Sexual offenders; prohibitions from school zones. 11 Del.C. §1112
12.1.3313.1.33 Sexual solicitation of a child. 11 Del.C. §1112A
12.1.3413.1.34 Perjury in the first degree. 11 Del.C. §1223
12.1.3513.1.35 Hate crimes (felony). 11 Del.C. §1304(a)
12.1.3613.1.36 Stalking; felony. 11 Del.C. §1312A
12.1.3713.1.37 Duty to report child abuse or neglect. 16 Del.C. §903
12.1.3813.1.38 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136.
12.1.3913.1.39 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. Formerly 16 Del.C. §4753A
12.1.4013.1.40 Distribution, delivery or possession of a controlled substance within 1,000 feet of school property. Formerly 16 Del.C. §4767
12.1.4113.1.41 Distribution, delivery or possession of a controlled substance within 300 feet of park, recreation area, church, synagogue or other place of worship. Formerly 16 Del.C. §4768
12.1.4213.1.46 Abuse, neglect, mistreatment or financial exploitation of an adult who is impaired. 31 Del.C. §3913
12.213.2 Crimes substantially related to the practice of speech/language pathology, audiology, and hearing aid dispensing shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.
Last Updated: December 31 1969 19:00:00.
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