DEPARTMENT OF STATE
Statutory Authority: 24 Delaware Code, Section 3706(a)(1) (24 Del.C. §3706(a)(1))
24 DE Admin. Code 3700
The Delaware Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers (“the Board”) was established to protect the general public from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered by the profession under its purview. The Board was further established to maintain minimum standards of practitioner competence in the delivery of services to the public. The Board is authorized, by 24 Del.C. §3706(a)(1), to make, adopt, amend and repeal regulations as necessary to effectuate those objectives.
Pursuant to 24 Del.C. §3706(a)(1), the Board has proposed a number of revisions to its rules and regulations.
Specifically, the Board proposes amendments to Rule 8.0, which addresses the continuing education requirements for licensees. Rule 8.2.2 is amended to increase the number of required continuing education hours for each of the three professions regulated by the Board. Single-licensed and dual-licensed individuals will be required to complete 30 continuing education hours every 2 years and triple-licensed individuals will be required to complete 45 hours. If approved, this change will go into effect for the license renewal period beginning August 1, 2009 and ending July 31, 2011.
Rule 126.96.36.199 is amended to clarify that an extension of time within which to complete continuing education or a waiver of the continuing education requirements may be granted upon a showing of hardship, but such request must be submitted prior to expiration of the license.
The Rules pertaining to online renewal and attestation have been revised for greater clarity. Rules 8.2.6, 8.2.7, 8.2.8, 8.2.9 and 8.2.10 have been added to provide a detailed explanation of the continuing education audit process. Finally, Rule 8.2.11 expressly gives the Board the authority to conduct hearings and impose the full range of sanctions available under 24 Del.C. §3716 when licensees fail to comply with the continuing education requirements.
Pursuant to 29 Del.C. §10115, notice of the public hearing and a copy of the proposed regulatory changes were published in the Delaware Register of Regulations, Volume 12, Issue 10 on April 1, 2009.
Summary of the Evidence and Information Submitted
A public hearing on the proposed rule revisions was held on May 13, 2009. No written or verbal comments were submitted.
Findings of Fact
The Board carefully reviewed and considered the proposed rule revisions.
The proposed amendments strengthen continuing education standards and give the Board express authority to sanction licensees who do not comply with those standards. Therefore, the proposed revisions will serve to protect the public from unsafe practices and enhance practitioner competence.
The Board finds that adopting the amended rules and regulations as proposed is in the best interest of the citizens of the State of Delaware and is necessary to protect the health and safety of the general public.
Decision and Effective Date
The Board hereby adopts the proposed amendments to the rules and regulations to be effective 10 days following final publication of this Order in the Register of Regulations.
Text and Citation
The text of the revised rules and regulations remains as published in the Delaware Register of Regulations, Volume 12, Issue 10 on April 1, 2009.
IT IS SO ORDERED this 13th day of May 2009 by the Delaware Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers.
Illene Courtright, President
Dr. Mary Ann Connolly-Gaskin, Secretary
Dr. Michael Michelli
Dr. Cynthia Parker
Dr. Jennifer Xenakes
3700 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 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.
1.3 The Administrative Specialist assigned to the Board by the Division performs support functions and serves as the contact person for the Board.
6 DE Reg. 1340 (4/1/03)
11 DE Reg. 814 (12/01/07)
2.0 Licensure Requirements for Speech-Language Pathologists and Audiologists
2.1.1 To be eligible for a license as a Speech/Language Pathologist or Audiologist, the applicant must submit verification by an official transcript of completion of at least a master's degree or its equivalent, from an accredited college or university with major emphasis in speech-language pathology, audiology, communication disorders or speech-language and hearing science.
2.2 Clinical Practicum
2.2.1 The Speech/Language Pathology and Audiology applicant must have completed a minimum of 375 clock hours of supervised clinical practicum with major emphasis in the professional area for which the license is being sought. Clinical observation may qualify for up to 25 of the hours in the supervised clinical practicum.
2.2.2 A minimum of 250 clock hours in the area of specialty of the supervised clinical practicum must have been obtained at the graduate level.
2.3 Clinical Fellowship Year (CFY)
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) supervised * CFY in the major professional area in which the license is being sought. The CFY 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 Appendix E of Clinical Fellowship Year adopted ASHA 1985)
2.4 National Examination
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.
2.4.2 A Speech/Language Pathology or Audiology applicant with a temporary license is permitted to complete the appropriate national examination during the period of the temporary license.
2.4.3 Anyone who fails two examinations may not be reexamined for a period of one year following the second failure. Prior to reexamination after a second failure, an applicant must submit proof of additional course work and/or clinical experience.
2.5 Application Process-Temporary Licensure
2.5.1 An applicant must complete a notarized application for temporary licensure. Items which must be provided to the Division of Professional Regulation include:
188.8.131.52 Official Transcript(s);
184.108.40.206 Documents verifying the appropriate number and level of supervised clinical practicum hours;
220.127.116.11 CFY plan on a form approved by the Board, signed by the licensed professional who will provide the supervision;
18.104.22.168 payment of appropriate fees.
2.5.2 A temporary license is valid for one year from the date of issuance and may be renewed for one year in extenuating circumstances upon application to the Board. Requests for Board consideration of a renewal shall be made in writing and sent to the Division of Professional Regulation 60 days prior to expiration.
2.6 Application Process -Permanent Licensure
2.6.1 Speech/Language Pathology and Audiology applicants must complete the application on a form approved by the Board and submit the appropriate fee.
2.6.2 An applicant who has ASHA Certification must comply with Section 2.6.1 and submit a copy of current ASHA certification.
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 Section 2.6.1 and submit verification of licensure in good standing from all jurisdictions where he or she is or has been licensed. 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 should be by notarized letter from the employer(s).
2.6.4 An applicant who has completed the supervised CFY in Delaware and has a current temporary license, must submit the following documentation to the Division of Professional Regulation 30 days prior to expiration of the temporary license:
22.214.171.124 proof of completion of the CFY,
126.96.36.199 national examination score unless previously provided,
188.8.131.52 licensure fee.
6 DE Reg. 1340 (04/01/03)
3.0 Licensure Requirements for Hearing Aid Dispensers
3.1 Original Licensure
3.1.1 Education: Applicants must have earned a high school diploma or its equivalent.
3.1.2 Training [Note: Licensed audiologists are exempt from this requirement as indicated in the synopsis of SB 183 as passed by the 143rd General Assembly and signed into law by the Governor on July 6, 2006. Licensed audiologists need only request permission to take the exam from the Board in writing.]
184.108.40.206 Applicants shall complete six (6) months of training. The Board will not authorize applicants to take the exam until the training is complete.
220.127.116.11 Training shall be completed under the direct supervision of a Delaware-licensed Hearing Aid Dispenser. “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.
18.104.22.168 Applicants shall hold a valid, active temporary license during the training period; training conducted while the applicant is without a valid, active temporary license will not count toward fulfillment of the six-month training requirement.
3.1.3 National Examination
22.214.171.124 Applicants for full Hearing Aid Dispensing licensure must have completed and passed the national examination approved by the Division, in accordance with scores as recommended by the national testing service, National Institute for Hearing Instruments Studies (NIHIS), or its successor. Upon confirmation from the testing service that an applicant has passed the exam, the Board will issue a full Hearing Aid Dispensing license to the applicant.
126.96.36.199 Applicants who fail
s two (2) examinations may not be reexamined for a period of one (1) year following the second failure. After a second exam failure, an applicant must complete an additional training period pursuant to regulation 3.1.2 et seq before the Board will grant authorization to retake the exam.
188.8.131.52.1 To obtain a temporary license, applicants must complete the Board-approved licensure application and submit:
184.108.40.206.1.1 verification of a high school diploma or its equivalent,
220.127.116.11.1.2 payment of the appropriate fees, and
18.104.22.168.1.3 a plan for completing the six (6) month training period, which shall include the notarized signature of a Delaware-licensed sponsor stating a willingness to provide direct supervision and training.
22.214.171.124.2 A temporary license is valid for one (1) year from the date of issuance and may be renewed once for an additional one-year period in extenuating circumstances upon approval by the Board. Requests for Board consideration of a renewal shall be made in writing and sent to the Division at least 60 days prior to expiration.
3.2 Reciprocal Licensure
3.2.1 Applicants currently licensed in a jurisdiction whose standards for licensure are substantially similar to those of this state shall submit verification of licensure in good standing from all jurisdictions where they are and have been licensed.
3.2.2 Applicants currently licensed in another jurisdiction, but not in a jurisdiction whose standards for licensure are substantially similar to those of this state, shall provide proof of practice in their current licensing jurisdiction for at least five (5) years after licensure. Proof of practice shall be by notarized letter from employers. Applicants under this subsection shall also submit verification of licensure in good standing from all jurisdictions where they are and have been licensed.
3.2.3 Upon completion of the training period, temporary Hearing Aid Dispensing licensees must submit verification of completion of the training period on a Board-approved form, which shall include the notarized signature of the Delaware-licensed sponsor stating that the training was completed under their direct supervision in accordance with regulation 3.1. Upon receipt and approval of training verification, the Board will authorize the applicant to take the exam.
11 DE Reg. 814 (12/01/07)
4.0 Expired Licenses and Inactive Status
4.1 Expired Licenses
4.1.1 A holder of an expired license may renew the license within one year of the date the renewal was due by fulfilling all of the renewal requirements and paying the late fee established by the Division of Professional Regulation.
4.2 Inactive Status
4.2.1 A licensee may apply to the Board for inactive status for up to five years. The license may be reactivated upon application on a form approved by the Board and proof of 20 CE’s completed within the preceding 24 months (30 CE’s for a triple license) as required by Section 8.2.3, and paying the fee established by the Division of Professional Regulation.
5.0 Requirements for Audiology Aides
5.1.1 Certification of the Audiology Aide must be by the Council of Accreditation of Occupational Hearing Conservationists, or its equivalent, with documentation. The supervising Delaware-licensed audiologist must annually register each Audiology Aide using a form approved by the Board.
5.2 Direct Supervision
5.2.1 An Audiology Aide assists a licensed audiologist in professional activities with direct supervision by the audiologist. Direct supervision requires the presence of the supervising audiologist on the premises when the aide is performing professional activities.
5.3 Duties of the Audiology Aide
5.3.1 Duties of the Audiology Aide must be specified by the supervising audiologist and may include the following:
126.96.36.199 Air conduction pure tone assessment and data recording.
188.8.131.52 Hearing screenings.
184.108.40.206 Assisting with conditioning techniques.
220.127.116.11 Cursory otoscopy.
18.104.22.168 Basic hearing aid maintenance.
22.214.171.124 Routine instrument sterilization.
126.96.36.199 Biologic and electroacoustic assessment of the audiometer.
188.8.131.52 Clerical support.
184.108.40.206 Participation with the professional in research projects, in service training, or similar endeavors.
220.127.116.11 Other duties as may be appropriately determined with training from and direct supervision of the Delaware licensed audiologist.
6.0 Requirements for Speech/Language Pathology Aides
6.1.1 A Speech Pathology Aide must have a minimum of a high school diploma or its equivalent.
6.2 Direct Supervision
6.2.1 A Speech Pathology Aide assists a licensed Speech/Language Pathologist in professional activities with direct supervision of the Speech 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.
6.3 Duties of the Speech/Language Pathology Aide
6.3.1 Duties of the Speech Pathology Aide must be specified by the supervising Speech/Language Pathologist and may include the following:
18.104.22.168 Assisting with testing or treatment.
22.214.171.124 Clerical support.
126.96.36.199 Client escort.
188.8.131.52 Preparation of therapeutic materials
184.108.40.206 Equipment maintenance.
220.127.116.11 Participation with the professional in research projects, in service training, or similar endeavors.
18.104.22.168 Other duties as may be appropriately determined with training from and direct supervision of the Delaware licensed Speech/Language Pathologist.
7.0 Electronic Equipment Calibration
7.1 Audiologists and Hearing Aid Dispensers shall ensure the annual calibration of the electronic equipment they use to assess hearing. Calibration shall be performed by a certified professional consistent with the standards set by the American National Standards Institute (ANSI).
7.2 Audiologists and Hearing Aid Dispensers shall indicate by attestation in the course of license renewal whether they have complied with regulation 7.1 Audiologists who do not have such equipment shall attest to that fact during the course of renewal.
11 DE Reg. 814 (12/01/07)
8.0 Continuing Education For All Licensees:
8.1.1 Continuing education is required by the Board to maintain professional licensure in the fields of Speech/Language Pathology, Audiology and Hearing Aid Dispensing. Continuing education requirements arise from an awareness that these fields are in a continual state of transition due to the introduction of new philosophies and the refinement of already existing knowledge. Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers should continually strive to update their clinical skills in an effort to deliver high quality services.
8.1.2 The Board is keenly aware of existing educational opportunities in Delaware and neighboring states and has established regulations which will provide continuing education credit as effortlessly as possible while assuring quality instruction. Credit will be given for participation in a variety of activities that increase knowledge and enhance professional growth.
8.1.3 These regulations recognize the financial and time limitations of Delaware's professionals while assuring continued appropriate services to those individuals who require them.
8.2 Continuing Education Criteria
8.2.1 One continuing education contact hour (CE) is defined as 60 minutes of attendance/participation in an approved continuing education activity unless otherwise stated.(Therefore, credits and continuing education units (CEUs)
CEU's issued by various organizations must be translated. e.g., 1.0 ASHA CEU = 10 CE's) 8.2.2 CE Time Frame: CE requirements must be completed in each license renewal period. Licensees have until the renewal deadline, July 31st in odd-numbered years, to complete the required CEs.
32 The required number of CEs varies with the date of issuance of license, certification and/or professional status. as outlined below: Effective as of the license renewal period beginning August 1, 2009, licensees must meet the following CE requirements:
32.1 New License: There is no CE requirement for a license issued for less than one year. If a license would cover more than one year, but less than 2 years, the licensee is required to obtain 10 15 CEs or one-half of the required total hours.
32.2 Single License: Individuals with a license in only one (1) area of specialty must obtain a minimum of 20 30 CEs each two-year license renewal period.
32.3 Dual License: Individuals with licenses in two (2) areas of specialty must obtain a minimum of 20 30 CEs during each two-year license renewal period, with 10 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.
32.4 Triple License: Individuals with licenses in three (3) areas of specialty must obtain a minimum of 30 45 CEs during each two-year license renewal period, with 10 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.
32.5 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.
32.6 Extenuating Circumstances: The Board may consider a waiver of CE requirements or acceptance of partial fulfillment based on the Board's review of a written request with supporting documentation. Extenuating circumstances may include, but are not limited to, disability, illness, extended absence from the jurisdiction, and exceptional family responsibilities. Hardship. An applicant for license renewal may be granted an extension of time in which to complete CE hours or a total or partial waiver of CE requirements upon a showing of hardship. Hardship may include, but is not limited to, disability, illness, extended absence from the country and exceptional family responsibilities. No extension of time or waiver shall be granted unless the licensee submits a written request to the Board prior to the expiration of the license.
43 CE courses must focus on the enhancement of clinical skills and professional growth as defined below.
43.1 Clinical Skills: conferences, workshops, courses, etc., that expand a licensee’s scope of practice by enhancing skills in the areas of prevention, assessment, diagnosis, and treatment of the client (minimum of 14 20 CEs per licensure renewal period).
43.2 Professional Growth: conferences, workshops, courses, etc., that may not directly impact on clinical services to the population being served but are of interest to the licensee and will allow the licensee the opportunity to stay abreast of current trends in the profession or related fields of interest (maximum of 6 10 CEs per licensure renewal period). 8.2.5 Verification of attendance may be required. Therefore, all licensees should retain documentation of their attendance at all CE activities.
64 All CE activities must be approved by the Board. A licensee or CE course sponsor may request advance approval from the Board by submitting a completed Board Approval form. Approval may be requested after the conclusion of a course, but there is no guarantee the course will be approved. 8.2.7 The Board will monitor CE compliance with a random, post-renewal audit system. Licensees will be selected randomly for audit and notified by mail after the renewal deadline.
8.2.5 CE is required for license renewal and shall be completed by July 31 of odd-numbered years.
22.214.171.124 Proof of continuing education is satisfied with an attestation by the licensee that he or she has satisfied the requirements of Rule 8.0
126.96.36.199 Attestation may be completed online. In the alternative, paper renewal documents that contain the attestation of completion can be submitted.
8.2.6 Random audits will be performed by the Board to ensure compliance with the CE requirements. The Board will determine the percentage of licensees to be audited.
188.8.131.52 The Board will notify licensees within sixty (60) days after July 31 of each biennial renewal period that they have been selected for audit.
184.108.40.206 Licensees selected for random audit shall be required to submit verification within ten (10) days of receipt of notification of selection for audit.
8.2.7 Verification shall include such information necessary for the Board to assess whether the course or other activity meets the CE requirements in Section 8.0. While course brochures may be used to verify CE hours, they are not considered to be acceptable proof for use of verification of course attendance. Verification must include, but is not limited to, the following information:
220.127.116.11 Date of CE course;
18.104.22.168 Instructor of CE course;
22.214.171.124 Sponsor of CE course;
126.96.36.199 Title of CE course; and
188.8.131.52 Number of hours of CE course.
8.2.8 In response to the audit, audiologists and hearing aid dispensers shall submit documentation of calibration of electronic equipment used to assess hearing, as set forth in Rule 7.0.
8.2.9 Licensees who are not audited shall retain their CE documentation for three (3) years after renewal.
8.2.10 Licensees who renew their license under the late renewal provision shall be audited for CE completion (and equipment calibration, if applicable). These licensees shall submit documents that evidence satisfactory completion of their CE requirements (and annual equipment calibration pursuant to regulation 7.0, if applicable) for the prior licensure period.
8.2.11 The Board shall review all documentation submitted by licensees pursuant to the CE audit. If the Board determines that the licensee has met the CE requirements, his or her license shall remain in effect. If the Board determines that the licensee has not met the CE requirements, the licensee shall be notified and a hearing may be held pursuant to the Administrative Procedures Act. The hearing will be conducted to determine if there are any extenuating circumstances justifying the noncompliance with the CE requirements. Unjustified noncompliance with the CE requirements set forth in these rules and regulations shall constitute a violation of 24 Del.C. §3715(a)(7) and the licensee may be subject to one or more of the disciplinary sanctions set forth in 24 Del.C. §3716.
8.3 CE Courses/Activities
8.3.1 CE activities sponsored by accredited professional organizations, provided the topics are relevant to the improvement of the licensee’s clinical skills or professional growth as defined in Rule 8.2.4. Agenda of sessions is required for approval of convention activities.
8.3.2 A licensee may receive up to three (3) CE’s for training obtained from a colleague who, after attending a professional conference, gives a formal presentation of the information from the conference after developing an agenda and outline.
8.3.3 University/College coursework for academic credit in the field of Speech/ Language Pathology, Audiology, or Hearing Aid Dispensing. A course description must be submitted to the Board for approval. (1 undergraduate credit = minimum of 3 CE’s; 1 graduate credit = minimum of 5 CE’s)
8.3.4 Professional presentations. A presentation summary must be submitted to the Board for approval. Credit may be given for a presentation only once during a licensure period. (1 hour of presentation = 3 CE's)
8.3.5 Professional publication in related specialty journals. A reprint of the publication must be submitted to the Board for approval.
8.3.6 Other continuing education may be approved by the Board with documentation of content.
8.3.7 Excluded are any job related duties in the workplace such as staff meetings, CPR, etc.
8.4 Licensee Responsibilities 8.4.1 All licensees shall: 184.108.40.206 Complete the required CE by July 31st of each renewal period. 220.127.116.11 Prove completion of the CE requirement. Proof of CE requirement completion is satisfied with an attestation of completion by the licensee during the renewal process. Attestation may be completed electronically if the renewal is accomplished online at dpr.delaware.gov. A paper renewal that contains the attestation of completion is also acceptable. 18.104.22.168 Provide documentation of having attended approved CE activities as required. Licensees who are audited shall submit documents that evidence satisfactory completion of their CE requirements for the prior licensure period. Licensees who are not audited shall retain their documentation for three (3) years after renewal. 8.4.2 Licensees who renew their license under the late renewal provision shall be audited for CE completion (and equipment calibration, if applicable). These licensees shall submit documents that evidence satisfactory completion of their CE requirements (and annual equipment calibration pursuant to regulation 7.1, if applicable) for the prior licensure period.
10 DE Reg. 1830 (06/01/07)
11 DE Reg. 814 (12/01/07)
9.0 Code of Ethics for Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers
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.
9.2 Standards of Professional Conduct
9.2.1 A licensee who violates the following Standards of Professional Conduct may be guilty of illegal, negligent, or incompetent practice and disciplined pursuant to 24 Del.C. §3715(a)(2).
22.214.171.124 Licensees shall provide all services competently. Competent service refers to the use of reasonable care and diligence ordinarily employed by similarly licensed individuals.
126.96.36.199 Licensees shall use every resource, including referral, to provide quality service.
188.8.131.52 Licensees shall maintain reasonable documentation of professional services rendered.
184.108.40.206 Licensees shall not evaluate or treat a client with speech, language, or hearing disorders solely by correspondence. Correspondence includes telecommunication.
220.127.116.11 Licensees shall delegate responsibility only to qualified individuals as permitted by law with appropriate supervision.
18.104.22.168 Licensees who have evidence that a practitioner has violated the Code of Ethics or other law or regulation shall present that information by complaint to the Division of Professional Regulation for investigation.
9.3 Standards of Professional Integrity.
9.3.1 A licensee who violates the following Standards of Professional Integrity may be guilty of consumer fraud, deception, restraint of competition, or price-fixing and disciplined pursuant to 24 Del.C. §3715(a)(6).
22.214.171.124 Licensees shall not charge for services not rendered nor misrepresent the services or products dispensed.
126.96.36.199 Licensees shall inform clients of the nature and possible effects of services. Care must be taken to speak to a client in lay terms that he or she can understand.
188.8.131.52 Licensees may use clients in research or as subjects of teaching demonstrations only with their informed consent. An informed consent must be explained and written in lay terms.
184.108.40.206 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).
220.127.116.11 Licensees shall make no guarantees of the results of any product or procedure but may make a reasonable statement of prognosis.
18.104.22.168 Licensees shall provide services or dispense products only when benefits can reasonably be expected.
22.214.171.124 Licensees shall not engage in misrepresentation, dishonesty, fraud, or deceit. Misrepresentation includes statements likely to mislead or an omission of material information.
126.96.36.199 Licensees who advertise shall provide information in a truthful manner that is direct and not likely to mislead the public. Any written disclaimer or condition that limits or modifies an offer of services or merchandise must be provided in a clear and conspicuous manner in a type size that is at least one-half the size of the type used in making the offer of services or merchandise.
9.3.2 A licensee who violates the following Standards of Professional Integrity may be guilty of misrepresentation, impersonation, or facilitating unlawful practice and disciplined pursuant to 24 Del.C. §3715(a)(1).
188.8.131.52 Licensees shall accurately represent any credentials, education, and experience to the public.
184.108.40.206 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.
9.4 Miscellaneous Professional Standards
9.4.1 A licensee who violates the following Professional Standards may be subject to disciplinary action under 24 Del.C. §3715(a)(7)
220.127.116.11 Licensees shall respect the privacy of clients and not reveal, written authorization, any professional or personal information unless required by law.
18.104.22.168 Licensees shall not discriminate on the basis of race, sex, age, religion, national origin, sexual orientation, or disability.
22.214.171.124 Licensees shall offer services and products on their merits and should refrain from making disparaging comments about competing practitioners or their services and products.
8 DE Reg. 1106 (2/1/05)
9 DE Reg. 1267 (2/1/06)
10.0 Voluntary Treatment Option for Chemically Dependent or Impaired Professionals
10.1 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.
10.2 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.
10.3 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).
10.4 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.
10.5 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 10.8 of this section.
10.6 The Voluntary Treatment Option may require a regulated professional to enter into an agreement which includes, but is not limited to, the following provisions:
10.6.1 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.
10.6.2 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.
10.6.3 Consent of the regulated professional, in accordance with applicable law, to the release of any treatment information from anyone within the approved treatment program.
10.6.4 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.
10.6.5 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.
10.6.6 Compliance by the regulated professional with any terms or restrictions placed on professional practice as outlined in the agreement under the Voluntary Treatment Option.
10.7 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.
10.8 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.
10.9 If practice is restricted, the regulated professional may apply for unrestricted licensure upon completion of the program.
10.10 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.
10.11 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.
10.12 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.
11.0 Crimes substantially related to the practice of speech/language pathology, audiology, and hearing aid dispensing.
11.1 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:
11.1.1 Assault in the second degree. 11 Del.C. §612.
11.1.2 Assault in the first degree. 11 Del.C. §613.
11.1.3 Assault by abuse or neglect. 11 Del.C. §615.
11.1.4 Murder by abuse or neglect in the second degree. 11 Del.C. §633.
11.1.5 Murder by abuse or neglect in the first degree. 11 Del.C. §634.
11.1.6 Murder in the second degree. 11 Del.C. §635.
11.1.7 Murder in the first degree. 11 Del.C. §636.
11.1.8 Rape in the fourth degree. 11 Del.C. §770
11.1.9 Rape in the third degree. 11 Del.C. §771
11.1.10 Rape in the second degree. 11 Del.C. §772
11.1.11 Rape in the first degree. 11 Del.C. §773
11.1.12 Sexual extortion. 11 Del.C. §776
11.1.13 Continuous sexual abuse of a child. 11 Del.C. §778
11.1.14 Kidnapping in the second degree. 11 Del.C. §783
11.1.15 Kidnapping in the first degree. 11 Del.C. §783A
11.1.16 Identity theft. 11 Del.C. §854
11.1.17 Insurance fraud. 11 Del.C. §913
11.1.18 Health care fraud. 11 Del.C. §913A
11.1.19 Dealing in children. 11 Del.C. §1100
11.1.20 Endangering the welfare of a child. 11 Del.C. §1102
11.1.21 Sexual exploitation of a child. 11 Del.C. §1108
11.1.22 Unlawful dealing in child pornography. 11 Del.C. §1109
11.1.23 Sexual solicitation of a child. 11 Del.C. §1112A
11.1.24 Hate crimes (felony). 11 Del.C. §1304(a)
11.1.25 Abuse, neglect, mistreatment or financial exploitation of residents or patients. 16 Del.C. §1136.
11.1.26 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 16 Del.C. §4753A
11.1.27 Abuse, neglect, mistreatment or financial exploitation of an infirm adult. 31 Del.C. §3913
11.2 Crimes substantially related to the practice 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.
8 DE Reg. 1106 (02/01/05)
12 DE Reg. 1525 (06/01/09)(Final)