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November, 2009Education Service Center – Region 19
http://www.dshs.state.tx.us/speech/default.shtm
Juris Prudence ExamJanuary 1, 2010
$40Counts for one hour of ethics.
“No Pass No Fail”
State Board of Examiners (TAC Ch 741)
IDEA, FERPA, HIPPA
State Commissioner Rules
Employer / Campus
American Speech &Hearing Association
Texas Speech & Hearing Association
Medicare/Medicaid
Duties and Responsibilities of License Holders
§741.41 Professional Responsibilities of License Holders
§741.42 Advertising§741.43 Record Keeping & Billing§741.44 Requirements, Duties and
Responsibilities of Supervisors§741.45 Consumer Information & Display
of LicenseTAC Chapter 741
TakeNotes
Share
Duties and Responsibilities of License Holders
§741.41 Professional Responsibilities of License Holders
§741.42 Advertising§741.43 Record Keeping & Billing§741.44 Requirements, Duties and
Responsibilities of Supervisors§741.45 Consumer Information & Display
of LicenseTAC Chapter 741
Calendar Year 2008 (January 1, 2008 to December 31, 2008)Professional Licensing and Certification Unit Texas Department of
State Health Services
Texas State Board of Examiners for Speech-Language Pathology and Audiology
Violations related to Advertising/Mislabeling25.00%
Violations related to Financial Issues 12.50% Violations related to Failure to
25.00% Provide Standard of Care Violations related to Fraud/Deceit/Bribery 25.00% Violations related to Unlicensed Practice
12.50%
Revocation Denial Surrender Suspension Probated
suspension Reprimand
Settlement agreement with stipulations
Administrative penalty
Settlement agreement with
administrative penalty
Probated suspension with
administrative penalty
TEXAS SBOE
Principle of Ethics IIndividuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally or participants in research and scholarly activities and shall treat animals involved in research in a humane manner.
Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.
Principle of Ethics II
Individuals shallHonor theirresponsibility to thepublic by promotingPublic
understandingof the professions,
bysupporting thedevelopment ofservices designed tofulfill the unmetneeds of the public,and by providingaccurate
information
Principle of Ethics III
in all communications involving any aspect of the professions, including dissemination of research findings and scholarly activities.
Principle of Ethics IV Individuals shall honor their responsibilities
to the professions and their relationships with colleagues, students, and members of allied professions. Individuals shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions’ self-imposed standards.
American Speech-Language-Hearing Association. (2005). Cultural Competence[Issues in Ethics]. Available from www.asha.org/policy.
Employer Demands Speech Assistants & Support Personnel Dysphagia Reimbursement Clinical Fellowships Cultural Competence
From the Director of Ethics David R. Denton, JD, MA, CCC-SLP December 2008 www.asha.org
SLP Survey Results: Ethical Dilemmas/Issues
57% -feeling inadequately trained to provide a service
57%- Having external limits placed on a treatment plan
55%- Having to go along with a team’s decision with which they disagreed
53% -families of clients insisting on treatment 51% -continuing treatment with which they
disagreedAmerican Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists , Available from www.asha.org/policy.,
Reprimand
Censure
Suspension of Membership and/or Certification
Revocation of Membership and/or Certification
Withholding of Membership and/or
Certification
http://www.txsha.org/About_TSHA/code_of_ethics.asp
Based on ASHA
Code of Ethics
Enforced by
EPC: Ethical
Practice Committee
At your Table…
Individually
As a Group
Rank the characters in the order of the responsibility for the death of the Baroness.Agree upon the
ranking in the order of the responsibility for the death of the Baroness.
April Showers
Ginger Snap
Sarah Tonin
Art Tick
Patti Kake
Suzie Sunsh
ine
Courtesy of Sherry Sancibrian & Donise Pearson
APRIL SHOWERS
A new family has moved into the community and enrolled their 5-year-old, who has a cochlear implant. April received little instruction about CI in grad school, and has never worked with a child with a CI. April’s supervisor wants her to take the lead in providing services for this child, and reassure the family that the district can provide appropriate intervention for their child.
ASHA Board of Ethics, ASHA 2008 convention
A new family has moved into the community and enrolled their 5-year-old, who has a cochlear implant. April received little instruction about CI in grad school, and has never worked with a child with a CI. April’s supervisor wants her to take the lead in providing services for this child, and reassure the family that the district can provide appropriate intervention for their child.
Texas Administrative Code§741.41 Professional Responsibilities of License Holders (a) A licensee shall:
(1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience;
(b) A licensee shall not: (13) misrepresent his or her training or competence;
ASHA Code of EthicsPrinciple of Ethics II: Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.(B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.
GINGER SNAP
Ginger is a CF who is supervised by the only CCC-SLP on the staff, Justin Case. In the middle of Ginger’s CF, Justin announces that he will be taking 12 weeks of family leave to stay home with his newly adopted son. He tells Ginger that while he is away, she will need to supervise the SLP assistant who provides services for preschoolers. Further, he tells Ginger that he will supervise her “a little extra” before he goes on leave to meet the supervisory requirements for her internship.
Modified from ASHA Board of Ethics, ASHA 2006 convention
Ginger is a CF who is supervised by the only CCC-SLP on the staff, Justin Case. In the middle of Ginger’s CF, Justin announces that he will be taking 12 weeks of family leave to stay home with his newly adopted son. He tells Ginger that while he is away, she will need to supervise the SLP assistant who provides services for preschoolers. Further, he tells Ginger that he will supervise her “a little extra” before he goes on leave to meet the supervisory requirements for her internship.
Texas Administrative Code§741.44 Requirements, Duties, and Responsibilities of Supervisors(b) A supervisor of an intern or assistant shall: (3) provide appropriate supervision after the board office approves the supervisory arrangement;
(d) A licensed intern or assistant shall abide by the decisions made by the supervisor relating to the intern's or
assistant's scope of practice. In the event the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant shall refuse to do so and immediately notify the board office and any other appropriate authority.
§741.41 Professional Responsibilities of License Holders(a) A licensee shall: (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering
level of education, training, and experience;
(b) A licensee shall not: (4) delegate any service requiring professional competence of a licensee or registrant to anyone not licensed or
registered for the performance of that service;
ASHA Code of EthicsPrinciple of Ethics II: Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.(B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.
SARAH TONIN
Sarah is very excited about her first job as an SLP assistant. When she arrives for orientation, she is given a nametag that says “Sarah Tonin, Speech Therapist”. When Sarah asks her supervisor, Kandi Kane, if this nametag is appropriate, Kandi tells her not to worry about it because employers are always confused about the various titles in the speech pathology licensure law.
Sarah is very excited about her first job as an SLP assistant. When she arrives for orientation, she is given a nametag that says “Sarah Tonin, Speech Therapist”. When Sarah asks her supervisor, Kandi Kane, if this nametag is appropriate, Kandi tells her not to worry about it because employers are always confused about the various titles in the speech pathology licensure law.
Texas Administrative Code§741.41 Professional Responsibilities of License Holders(b) A licensee shall not: (13) misrepresent his or her training or
competence;
§741.64 Requirements for an Assistant in Speech-Language Pathology License (Page 9)(l) In any professional context the licensee must indicate the licensee status as a speech-language pathology assistant.
ASHA Code of EthicsPrinciple of Ethics I Individuals shall honor their responsibility tohold paramount the welfare of persons theyserve professionally or participants in research and scholarly activities and shall treat animalsinvolved in research in a humane manner.(D). Individuals shall not misrepresent the credentials of assistants, technicians, or
support personnel and shall inform those they serve professionally of the name
and professional credentials of persons providing services.
ART TICK
Art is concerned about the hoarse vocal quality and mild hypernasality exhibited by a third grader referred for evaluation. He wants to refer the student for evaluation by an ENT, but his special ed director, Ed Vizer, tells him that the administration will not approve a medical referral because of budget shortfalls. Ed advises Art to “do the best you can” without the medical evaluation.
Art is concerned about thehoarse vocal quality and mildhypernasality exhibited by athird grader referred forevaluation. He wants to referthe student for evaluation byan ENT, but his special eddirector, Ed Vizer, tells himthat the administration willnot approve a medicalreferral because of budgetshortfalls. Ed advises Art to“do the best you can” withoutthe medical evaluation.
Texas Administrative Code
§741.41 Professional Responsibilities of License Holders
(a) A licensee shall:(4) seek appropriate medical consultation whenever indicated;
(b) A licensee shall not:(1) engage in the medical treatment of speech-language and hearing disorders;(5) provide services if the services cannot be provided with reasonable skill or safety to the client;
PATTI KAKE
Patti is an SLP assistant employed by the Near-Here special education co-op. The co-op has employed a licensed SLP to work 2 days per week, supervising 6 assistants. Patti has a caseload of 60 students, and also handles new referrals. When the SLP is at Patti’s building, she reviews test protocols and signs the evaluation reports that Patti has written.
Patti is an SLP assistantemployed by the Near-Herespecial education co-op. Theco-op has employed alicensed SLP to work 2 days perweek, supervising 6 assistants. Patti has a caseload of 60 students, and also handles newreferrals. When the SLP is atPatti’s building, she reviews testprotocols and signs theevaluation reports that Patti haswritten.
Texas Administrative Code§741.44 Requirements, Duties, and
Responsibilities of Supervisors pg 9(b) A supervisor of an intern or assistant shall: (3) provide appropriate supervision after the board
office approves the supervisory arrangement; (4) supervise no more than a total of four interns
and/or assistants. An exception may be made allowing supervision of more than four individuals if the supervisor submits documentation demonstrating their ability to manage the entire caseload. The board's designee will determine if an exception is granted.
(d) A licensed intern or assistant shall abide by the decisions made by the supervisor relating to the intern's or assistant's scope of practice. In the event the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant shall refuse to do so and immediately notify the board office and any other appropriate authority.
(g) A licensed speech-language pathologist shall assign duties and provide appropriate supervision to the assistant.
(1) Initial diagnostic contacts shall be conducted by the supervising speech-language pathologist.
(4) The supervising speech-language pathologist shall provide a minimum of two hours per week of supervision, at least one hour of which is face-to-face supervision where the speech-language pathology assistant is providing the therapy. This applies whether the assistant's practice is full or part-time.
(7) (B) An assistant may not conduct an evaluation which includes diagnostic testing and observation, test interpretation, diagnosis, decision making, statement of severity or implication, case selection or case load decisions.
Patti is an SLP assistantemployed by the Near-Herespecial education co-op. Theco-op has employed alicensed SLP to work 2 days perweek, supervising 6 assistants. Patti has a caseload of 60 students, and also handles newreferrals. When the SLP is atPatti’s building, she reviews testprotocols and signs theevaluation reports that Patti haswritten.
Texas Administrative Code§741.41 Professional Responsibilities
of License Holders(a) A licensee shall:
(1) engage in only those aspects of the profession that are within the
scope of the licensee's competence considering level of education, training, and experience;
(b) A licensee shall not:(4) delegate any service requiring professional competence of a licensee or registrant to anyone not licensed or registered for the performance of that service;
ASHA Code of Ethics Principle of Ethics : Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.
(B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.
SUZIE SUNSHINE Suzie receives a referral for Kim Zhang, an
8-year-old, whose family arrived in this country 18 months ago. Suzie administers the CELF-4 in English and asks the school secretary (who spoke Mandarin as a child), to give a translated CELF. Although Kim achieves a standard score of 80, the ARD committee feels that speech-language services with Suzie will be an excellent complement to the school’s limited ESL services, and qualifies Kim for special ed.
Suzie receives a referral for Kim Zhang, an 8-year-old, whose familyarrived in this country 18 monthsago. Suzie administers the CELF-
4in English and asks the schoolsecretary (who spoke Mandarin asa child), to give a translated CELF.Although Kim achieves a standardscore of 80, the ARD committeefeels that speech-languageservices with Suzie will be anexcellent complement to theschool’s limited ESL services, andqualifies Kim for special ed.
ASHA Code of Ethics
Principle of Ethics IV Individuals shall honor their responsibilitiesto the professions and their relationshipswith colleagues, students, and members ofallied professions. Individuals shall upholdthe dignity and autonomy of the
professions,maintain harmonious interprofessionaland intraprofessional relationships, and accept the professions' self imposed standards. G. Individuals shall not provide
professional services without exercising independent professional judgment, regardless of referral source or prescription.
American Speech-Language-Hearing Association. (2005). Cultural Competence[Issues in Ethics]. Available from www.asha.org/policy.
Suzie receives a referral for KimZhang, an 8-year-old, whose familyarrived in this country 18 monthsago. Suzie administers the CELF-
4in English and asks the schoolsecretary (who spoke Mandarin asa child), to give a translated CELF. Although Kim achieves a standardscore of 80, the ARD committeefeels that speech-languageservices with Suzie will be an excellent complement to theschool’s limited ESL services, andqualifies Kim for special ed.
Federal Register Vol. 71 No. 156 August 14, 2006/ Rules and Regulations
§ 300.304 Evaluation procedures.(c) Other evaluation procedures. Each public
agency must ensure that— (1) Assessments and other evaluation
materials used to assess a child under this part—(i) Are selected and administered so as not to be discriminatory on a racial or cultural basis;(ii) Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;(iii) Are used for the purposes for which the assessments or measures are valid and reliable;(iv) Are administered by trained and knowledgeable personnel; and(v) Are administered in accordance with any instructions provided by the producer of the assessments.
§ 300.306 Determination of eligibility.(b) Special rule for eligibility determination. A
child must not be determined to be a child with a disability under this part—
(1) If the determinant factor for that determination is—
(iii) Limited English proficiency;
1. Identify the Problem2. Get the story straight3. To what extent is this:
- a regulatory issue?-an ethical issue?-workplace issue
4. Consult the Code of Ethics
5. Identify agents in control in the situation
American Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists
6. Identify what is in your control and not.
7. Identify your resources8. Explore alternatives
and consequences9. Craft a plan that is ethically and
professionally responsible, defendable and within the requirements of the regulations.
10. Evaluate your actions and
adjust your plan as you
proceed
American Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists
American Speech-Language-Hearing Association. (2005). Cultural Competence[Issues in Ethics]. Available from www.asha.org/policy.
American Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists , Available from www.asha.org/policy.
American Speech-Language-Hearing Association. (2003). Code of Ethics [Ethics], from www.asha.org/policy.
ASHA Board of Ethics, ASHA 2008 convention From the Director of Ethics David R. Denton, JD, MA, CCC-SLP December 2008
www.asha.org Federal Register Vol. 71 No. 156 August 14, 2006/ Rules and
Regulations State Board of Examiners: http://www.dshs.state.tx.us/speech/default.shtm Sherry Sancibrian, Texas Tech University Donise Pearson Gina Holman, ESC Region 12 Drawbridge Exercise- Author Unknown
