CR 15-096 Rule Text

Explanation of agency authority:

Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains, and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession. s. 15.08 (5)(b)

The examining board may make rules not inconsistent with the laws of the this state which are necessary to carry out the intent of this chapter. s. 459.12 (1)

A temporary license granted under this subsection is valid for a period designated in rules promulgated by the examining board. The rules may designate a period that terminates if an applicant fails to take the next available examination under s. 459.26 (2) (a) or (b) for reasons other than inaction by the examining board or hardship. s. 459.24 (6) (c).

Related statute or rule: n/a

Plain language analysis:

Section 1 repeals definitions no longer used in the rule.

Section 2 amends the definition of “postgraduate clinical fellowship” to not include audiology and clarifies the sentence and references the updated degree requirements.

Section 3 amends the examination required for speech-language pathologist applicants from the National Examination for Speech-language Pathology and Audiology (NESPA) to the Praxis Speech Language Pathology examination.

Section 4 amends the supervised clinical practicum and doctoral degree to align with the statutory change resulting from 2009 Act 356. It also amends the examination required for audiologist applicants from the National Examination for Speech-language Pathology and Audiology (NESPA) to the Praxis Audiology examination.

Sections 5 and 6 change the examination to the Praxis Audiology examination and eliminates the doctoral options as being equivalent education to the exam. 2009 Act 356 changed the educational requirement from a master’s degree to a doctoral degree, therefore, the higher degree is no longer a replacement for the examination. This section eliminates the postgraduate clinical fellowship in audiology as that requirement was removed in 2009 Act 356.

Section 7 repeals HAS 6.05 due to redundancy. The previous sections address the required examinations as part of the application process.

Section 8 repeals and recreates the reciprocal license section. A speech-language pathologist holding an active license in good standing in another state is granted a Wisconsin license if the requirements for licensure are substantially equivalent to the Wisconsin requirements. An audiologist holding an active license in good standing in another state is granted a Wisconsin license if the requirements are substantially equivalent to the Wisconsin requirements or the applicant holds a master’s degree and completed a supervised clinical practicum.

Section 9 repeals and recreates the limited permit section to clarify the requirements and align the requirements with the statute. A non-resident applicant meeting the Wisconsin education requirements who does not have an arrest or conviction record related to the practice may obtain a limited permit to practice in association with a licensed speech-language pathologist or licensed audiologist up to 10 days in a calendar year. A non-resident applicant who holds a license as a speech-language pathologist or audiologist in another state which has licensure requirements substantially equal to Wisconsin’s licensure requirements may obtain a limited permit for a period of 45 days in a calendar year.

Section 10 repeals the definition of temporary license as the definition is incorrect and not necessary.

Section 11 repeals and recreates the section on temporary licenses in order to clarify and align with statutes. An applicant for a speech-language pathology temporary license shall file an application, pay the fee, provide evidence of not having an arrest or conviction record related to the practice of speech-language pathology, evidence of having completed a master’s degree in speech-language pathology and be registered to take the next available examination. The temporary license is valid for 18 months and may be renewed once by the board. While practicing under a speech-language pathology license, the person shall be supervised and the supervisor shall approve of the services provided in the client files. An applicant for a temporary license to practice audiology shall file an application, fee, provide evidence of not having an arrest or conviction record related to the practice of audiology, evidence of having completed a doctoral degree and has passed the Praxis Audiology examination. The temporary license is valid for 6 months and may be renewed once to allow time for the applicant to take the next available practical examination if the applicant fails the practical exam and signs up for the next exam or can show hardship.

Section 125 repeals the section on supervision as it is now addressed in the new recreated HAS 6.10.

Section 13 repeals and recreates the section on renewal of license. A licensee renewing within 5 years pays the fee, any applicable late renewal fee and certifies completion of continuing education. After 5 years the license may be renewed by paying the fee, the late fee, and if the person is not holding an active license in another state, completes and passes the written examination required for initial licensure.

Section 14 removes the reference to HAS 7.05.

Section 15 repeals the section on late renewal as it now addressed in the new HAS 7.03.

Section 16 creates a section on reinstatement of a license. A person who has not renewed their license within 5 years and has not completed disciplinary requirements or a person whose license was surrendered or revoked may apply to have that license restored by completion of any unmet disciplinary requirements and provide evidence of rehabilitation or change in circumstances warranting a reinstatement of the license. In addition, if the license has not been active within the previous 5 years, the person would have to meet the requirements for renewing a license after 5 years.

Summary of, and comparison with, existing or proposed federal regulation: None

Comparison with rules in adjacent states:

Illinois: Speech-language pathology applicants are required to complete a master’s degree, pass the Praxis Speech-Language Pathology examination and complete 9 months of supervised experience. Audiology applicants are required to complete a doctoral degree, pass the Praxis Audiology examination and complete 9 months of supervised experience. A speech-language pathologist shall obtain a temporary license upon complete of education and exam in order to complete the supervised professional experience. In order to renew a credential, a license holder must pay fee and submit proof of continuing education. Renewal after 5 years requires evidence of holding a license in another state or successful completion of the initial credentialing examination within 1 year of the renewal.

Iowa: Speech-language pathology applicants are required to complete a master’s degree in speech pathology which includes a supervised clinical training, pass the Praxis Speech-Language Pathology examination and 9 months of supervised clinical experience. American Speech-Language Hearing Association certificate of clinical competence is proof of meeting the requirements. Audiology applications are required to complete a master’s or doctoral degree in audiology which includes a supervised clinical training, pass the Praxis Audiology examination and 9 months of supervised clinical experience. American Speech-Language Hearing Association certificate of clinical competence is proof of meeting the requirements. A temporary license is required for speech-language pathology and audiology applicants to complete their supervised clinical training. A non-resident may obtain a temporary permit to practice speech pathology or audiology by demonstrating the applicant meets the same standards as Iowa and documenting the need for a permit. The temporary permit is for a period to not exceed 3 months. In order to renew a credential, a license holder must pay fee and submit proof of continuing education. Renewal after 5 years requires verification of licensure in another state or completion of 60 hours of continuing education and passage of the initial credentialing exam.

Michigan: Speech-language pathology applicants are required to complete a master’s degree in speech pathology which includes a supervised clinical training, pass the Praxis Speech-Language Pathology examination and 1,260 hours of supervised clinical experience. Audiology applicants are required to complete a master’s or doctoral degree in audiology, Praxis Audiology exam and complete 9 months of supervised clinical experience. In order to renew a credential, a license holder must pay fee and submit proof of continuing education. Renewal after 3 years requires proof of licensure in another state or passage of the initial credentialing exam within the last 2 years.

Minnesota: Speech-language pathology applicants are required to complete a master’s degree in speech pathology which includes a supervised clinical training, and pass the national examination. Audiology applicants are required to complete a master’s or doctoral degree in audiology, which includes a supervised clinical training and pass the national examination. Temporary license may be obtained by a person who is credentialed in another state or territory or has a current certificate of clinical competence issued by American Speech-Language Hearing Association and is valid for 90 days. In order to renew a credential, a license holder must pay fee and submit proof of continuing education.

Summary of factual data and analytical methodologies:

The Board reviewed and updated the chapters to bring them into compliance with 09 Act 356, 13 Act 114 and current practices.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

This rule was posted for economic comments for 14 days and none were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Sharon Henes, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone [phone]; email at [e-mail].

TEXT OF RULE

Section 1. HAS 6.02 (1m) and (5) are repealed.

Section 2. HAS 6.02 (6) and (9) is amended to read:

HAS 6.02 (6) “Postgraduate clinical fellowship” means a program approved by the board consisting of a minimum of 9 months of supervised clinical practice in speech-language pathology or audiology provided in the work setting to which an applicant is seeking licensure.

(9) “Supervised clinical practicum” means a program required by a college or university for completion of a master’s degree that consists of supervised applications of in speech-language pathology or a doctoral degree in audiology.

Section 3. HAS 6.03 (6) (intro) and (a) are amended to read: