Alabama Administrative Code Chapter 870-X-1 — The Board

870 Alabama Board of Examiners For Speech-Language Pathology and Audiology

Ala. Admin. Code r. 870-X-1-.01 Definition Of Terms

(1) “Audiologist,” any person that engages in the practice of audiology and who meets the qualifications set forth in Code of Ala. 1975, §34-28A-21. A person represents oneself to be an audiologist if that person holds out to the public that he/she practices audiology, by any means, or by any service or function performed, directly or indirectly, or by using the terms audiological, audiologist, audiology, audiometrics, audiometrist, aural rehabilitationist, balance center, hearing aid audiologist, hearing and balance center, hearing and balance specialist, vestibular specialist, hearing center, hearing clinic, hearing clinician, hearing conservation, hearing conservationist, hearing therapist, hearing therapy, or any variation or synonym which expresses, employs, or implies these terms or functions.

(2) “Audiology”

(a) The application of principles, methods, and procedures related to the development and disorders of the human auditory-vestibular system, which disorders shall include any and all conditions whether of organic or functional origin, including, but not limited to, disorders of hearing, balance, tinnitus, auditory processing and other neural functions, as those principles, methods and procedures are taught in doctoral programs in audiology in accredited programs.

(b) Such principles, methods or procedures include, without limitation, those of diagnosis, assessment, measurement, testing, appraisal, evaluation, rehabilitation, treatment, prevention, conservation, identification, consultation, counseling, intervention, management, interpretation, instruction or research related to hearing, vestibular function, balance and fall prevention, and associated neural systems, or any abnormal condition related to tinnitus, auditory sensitivity, acuity, function or processing, speech, language or other aberrant behavior resulting from hearing loss, for the purpose of diagnosing, designing, and implementing audiological management and treatment or other programs for the amelioration of such disorders and conditions. Management and treatment shall include but not be limited to the activities described in subsection (c) below.

(c) Engaging in the practice of prescribing, selecting, specifying, evaluating, assisting in the adjustment to, and dispensing of prosthetic devices for hearing loss, including hearing aids, and hearing assistive devices by means of specialized audiometric equipment or by any other means accepted by the Board.

(3) “Audiology Assistant,” or any variation, synonym or coinage of the term, is defined as an individual who meets minimum qualifications established by the Board, which are less than those established by Code of Ala. 1975, §34-28A-21 as necessary for licensing as an audiologist; does not act independently; and works under the direction and supervision of an audiologist licensed under Section 34-28A-21.

(4) “Board,” the Alabama State Board of Speech-Language Pathology and Audiology (ABESPA).

(5) “Clinical Fellowship (CF),” required practical experience following successful completion of a master’s degree in Speech-Language Pathology at an accredited university or equivalent as determined by the Board.

(6) “Doctor of Audiology,” an individual who holds a doctorate of audiology degree (Au.D.) from an accredited program, or the equivalent as determined by the Board.

(7) “Fourth-Year Internship,” required practical experience following successful completion of educational requirements for the doctorate of audiology degree (Au.D.) at an accredited university or equivalent as determined by the Board.

(8) “Good Moral Character,” A person shall be deemed to be of good moral character provided that said individual has not pleaded guilty to or been convicted of any felony, any violation of corruption of a minor, any offense of violence, theft offense, or drug abuse offense that is not a minor misdemeanor, or any substantively comparable ordinance of a municipal corporation or of another state.

(9) “Gross Negligence,” A Speech-Language Pathologist or Audiologist commits gross negligence, when his/her actions reveal a disregard for the services needed for proper treatment of the patient. This shall include, but is not limited to, the failure to properly diagnose the patient’s condition and failure to properly administer and interpret administered tests based upon current and established procedures of the profession. Evidence of gross negligence can be direct or circumstantial.

(10) “License,” any license issued by the Board to practice audiology or speech-1anguage pathology.

(11) “Licensee,” a person holding a license to practice audiology or speech language pathology issued pursuant to this chapter, but not including the participants of (CF) or Fourth-Year Internship.

(12) “Patient Site,” refers to the patient’s physical location at the time of receipt of the telepractice services.

(13) “Person,” any individual, group, association, limited or general partnership, corporation, or any other business entity.

(14) “Preceptor/Supervisor/Other Synonymous Title,” any person who is licensed and has the responsibility of supervising or overseeing the training or activities of assistants, students, externs, participants of CF or Fourth-Year Internship and others providing audiological or speech language pathology services without full licenses.

(15) “Provider,” a licensed speech-1anguage pathologist or audiologist who provides telepractice services.

(16) “Provider Site,” means the licensee’s physical location at the time of the provision of telepractice services.

(17) “Speech-Language Pathologist,” any person who engages in the practice of speech-1anguage pathology and who meets the qualifications set forth in Code of Ala. 1975, §34-28A-21. A person represents oneself to be a speech-1anguage pathologist when he/she holds oneself out to the public by any means, or by any service or function performed, directly or indirectly, or by using the terms “speech pathology,” “speech pathologist,” “speech therapy,” “speech therapist,” “speech teacher,” “speech correction,” “speech correctionist,” “speech clinic,” “speech clinician,” “language therapy,” “language therapist,” “language pathology,” “language pathologist,” “logopedics,” “logopedist,” “communicology,” “communicologist,” “aphasiology,” “aphasiologist,” “phoniatrist,” or any variation, synonym, coinage or other word that expresses, employs or implies these terms, names or functions.

(18) “Speech-Language Pathology,” the application of principles, methods and procedures related to the development, disorders and effectiveness of human communication and related functions including but not limited to providing prevention, screening, consultation, assessment and diagnosis, treatment, intervention, management, counseling and follow-up services for disorders of speech (i.e. articulation, fluency, resonance and voice), language (i.e., phonology, morphology, syntax, pre-1iteracy and language-based literacy skills), swallowing or other upper aerodigestive functions; and cognitive aspects of communication (i.e. attention, memory, problem solving). The practice of speech-1anguage pathology also includes establishing augmentative and alternative communication techniques and strategies; including developing, selecting and prescribing of such systems and devices (e.g., speech generating devices); providing services to individuals with hearing loss and their families (e.g., auditory training, speech-reading, speech and language intervention secondary to hearing loss); screening hearing of individuals who can participate in conventional pure-tone air conduction methods and screening middle ear pathology through screening tympanometry for the purpose of referral for further evaluation; using instrumentation (e.g., videofluroscopy) to observe, collect data and measure parameters of communic`1ation and swallowing; selecting, fitting and establishing effective use of prosthetic/adaptive devices for communication, swallowing or other upper aerodigestive functions (does not include sensory devices used by individuals with hearing loss); and providing services to modify or enhance communication performance.

(19) “Speech-Language Pathology Assistant,” or any variation, synonym or coinage of the term is defined as an individual who meets minimum qualifications established by the Board, which are less than those established by Code of Ala. 1975, §34-28A-21 as necessary for licensing as a speech-1anguage pathologist; does not act independently; and works under the direction and supervision of a speech-1anguage pathologist licensed under Section 34-28A-21.

(20) “Telepractice,” is the use of telecommunications and information technologies for the exchange of encrypted patient data, obtained through real-time interaction, from patient site to provider site for the provision or speech and language pathology and audiology services to patients through hardwire or internet connection. Telepractice also includes the interpretation of patient information provided to the licensee via store and forward techniques.

History

• Author: Ada Holyfield, Dr. Barbara Cady, Amanda Blaszczynski, Florence Cuneo, Mark Carroll
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• New Rule: Filed September 14, 2006; effective October 19, 2006. Amended: Filed June 21, 2010; effective July 26, 2010. Amended: Filed July 19, 2013; effective August 23, 2013. Amended: Filed September 22, 2014; effective October 29, 2014. Amended: Published March 31, 2021; effective May 15, 2021.

Ala. Admin. Code r. 870-X-1-.02 Membership, Qualifications, And Term Of Appointment

(1) There are seven members of the Board. The overall membership of the Board shall consist of not more than one member from any U.S. Congressional District at the same time. Members are appointed by the Governor from names submitted by the Speech and Hearing Association of Alabama, which shall recommend not less than three persons to fill each vacancy. These recommendations shall consist of at least two persons from each of those Districts not already represented on the Board.

(2) One member shall be a member of the consuming public or an allied professional. Three members shall be licensed speech-1anguage pathologists and three shall be licensed audiologists. The six members who are speech-1anguage pathologists or audiologists shall have been engaged in rendering services to the public and/or teaching and/or research in speech-1anguage pathology or audiology for at least five years immediately preceding their appointment, and shall be citizens of this state. The six professional speech-1anguage pathologist and audiologist Board members shall at all times be holders of active and valid licenses for the practice of speech pathology or audiology in the State of Alabama.

(3) Appointments shall be for a term of three years, with no member eligible to serve more than two full consecutive terms. Terms shall begin on October 1. In the event appointments are not made to fill the expired terms and/or vacancies on the Board, those members of the Board may continue to serve on the Board until new appointments are made.

History

• Author: Eugene C. Sheeley, Denise P. Gibbs, Loie P. Sears, Gina Murray, Keith Nicholls
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended: Filed February 28, 1985; January 14, 1994. Amended: Filed February 11, 1994; effective March 18, 1994. Amended: Filed August 29, 1997; effective October 3, 1997. Amended (Rule Number Only): Filed September 14, 2006; effective October 19, 2006. Amended: Filed June 21, 2010; effective July 26, 2010.
• Editor's note: Rule 870-X-1-.01 was renumbered 870-X-1-.02 as per certification filed September 14, 2006; effective October 19, 2006.

Ala. Admin. Code r. 870-X-1-.03 Election, Terms, And Duties Of Officers; Conduct Of Meetings; Contracts

(1) The Board shall elect a chair, a vice chair, and a recording secretary at its annual organizational meeting in October. The chair shall conduct the Board meetings, appoint committees, notify the Speech and Hearing Association of Alabama (Association) by registered mail in March of the terms of office that will expire the following September, and notify the Association immediately of any vacancy in an unexpired term. The vice chair shall assume the duties of the chair when the chairman is unable to carry them out. The recording secretary shall record the minutes of each Board meeting, distribute the minutes to each Board member, and serve as chair of the Minutes Committee.

(2) Four members of the Board constitute a quorum to do business. Business shall be transacted in accordance with the most current edition of Roberts' Rules of Order.

(3) The Board may employ, and at its pleasure discharge, an executive secretary and other officers and employees as may be necessary, and the board shall also outline their duties and fix their compensation and expense allowances.

History

• Author: Eugene C. Sheeley, Gina Murray, Keith Nicholls, Rebecca Caviness, Susan Grigsby, Richard TAlbott
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended: Filed February 28, 1985; January 14, 1994. Amended:: Filed February 11, 1994; effective March 18, 1994. Amended: Filed August 29, 1997; effective October 3, 1997. Amended: Filed October 25, 2000; effective November 29, 2000. Amended (Rule Number Only): Filed September 14, 2006; effective October 19, 2006. Amended: Filed August 19, 2016; effective October 3, 2016.
• Editor's note: Rule 870-X-1-.02 was renumbered 870-X-1-.03 as per certification filed September 14, 2006; effective October 19, 2006.

Ala. Admin. Code r. 870-X-1-.04 Standing Committees

Certain standing committees will be appointed by the chair. Each committee will follow the general policies of the Board in addition to their specific duties which follow.

(a) Minutes Committee. The committee on minutes is charged with submitting unofficial minutes to Board members for review 10 days prior to the next scheduled meeting and to prepare the official minutes as approved by the Board. A member of the Minutes Committee designated by the committee chair shall prepare and distribute the unofficial minutes in the absence of the committee chair. The Minutes Committee will follow this protocol:

1. The original official minutes will be signed by the presiding officer of the Board at the time of approval and by the secretary who prepared the minutes.

2. Any changes or corrections, other than obvious typographical errors, in the original official minutes shall be initialed and dated by the secretary who made the change or correction.

3. The original, signed, official minutes as approved by the Board will be filed in the Board's office and bound by fiscal years.

4. The original minutes shall not be removed from the Board's office except for removal for binding.

5. A copy of the official minutes, bound by fiscal years, shall be kept by the secretary of the Minutes Committee.

6. A copy of the official minutes shall be filed with the chair of the Board.

(b) Credentials Review and Enforcement Committee. The committee on credentials review and enforcement is charged with investigating and reporting to the Board instances of apparent violations of the Alabama law governing the licensing of speech-1anguage pathologists and audiologists and with monitoring the enforcement of that Alabama law for the Board.

(c) Continuing Education Committee. The committee on continuing education is charged to assist the Board in supporting continuing education to licensees in speech-language pathology and audiology in the form of educational grants. Annually, the committee will review licensees compliance of continuing education requirements and will conduct audits of continuing education documentation for licensees and assistants.

(d) Rules and Regulations Committee. The committee on rules and regulations is charged with continuous review of existing rules and regulations and with developing and writing all new rules and regulations subject to the approval of the Board.

(e) Application Review Committee. The committee on application review is charged to receive and review all applications that meet ABESPA requirements and make recommendations to the Board for approval or other action.

(f) Budget Committee. The committee on budget is charged to prepare the annual budget and submit it to the State Budget Office within the guidelines required by the State Budget Office. The committee will also present the monthly budget report at each regularly scheduled meeting of the Board.

(g) Liaison and Information Committee. The committee on liaison and information is charged to serve as a link between the Board and any agency or organization who may be seeking information on licensing speech-1anguage pathologists or audiologists, on the functions of the Board. The role of this committee is to facilitate communications by channeling the questions from those who are seeking information to those committees and Board members who are the most appropriate to furnish the requested information. It is also the responsibility of this committee to report to the Board any information that may be obtained from other state or national agencies, licensure boards or other organizations, which may in some way affect the function of the Board.

(h) Special Assistance Committee. The committee on special assistance shall be charged with ensuring the Board meets the requirements of ADA or other laws regarding discrimination in serving the public. The committee will receive and review any complaints made regarding the ADA and other discrimination laws or designee. The chair of the special assistance committee will attend any special meetings established by the State of Alabama addressing ADA requirements and other discriminations.

History

• Author: Eugene C. Sheeley, Denise P. Gibbs
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended: Filed February 28, 1985; January 14, 1994. Amended: Filed February 11, 1994; effective March 18, 1995. Amended: Filed August 29, 1997; effective October 3, 1997. Amended: Filed October 23, 2003; effective November 27, 2003. Amended (Rule Number Only): Filed September 14, 2006; effective October 19, 2006.
• Editor's note: Rule 870-X-1-.03 was renumbered 870-X-1-.04 as per certification filed September 14, 2006; effective October 19, 2006.

Ala. Admin. Code r. 870-X-1-.05 Filling An Expired Or Unexpired Term

It is the responsibility of the Board chair to notify the Speech and Hearing Association of Alabama by registered mail in March of Board members whose terms will expire in September of that year. It is also the responsibility of the Board chair to inform the Speech and Hearing Association of Alabama immediately of any vacancy in an unexpired term. A successor shall be chosen by the Governor from not less than three persons submitted by the Speech and Hearing Association of Alabama.

History

• Author: Eugene C. Sheeley, Gina Murray, Keith Nicholls
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended: Filed February 28, 1985. Amended: Filed August 29, 1997; effective October 3, 1997. Amended (Rule Number Only): Filed September 14, 2006; effective October 19, 2006.
• Editor's note: Rule 870-X-1-.04 was renumbered 870-X-1-.05 as per certification filed September 14, 2006; effective October 19, 2006.

Ala. Admin. Code r. 870-X-1-.06 Removal Of A Board Member From Office

The Governor has power to remove from office any member of the Board for neglect of any duty required by the act creating the Board, for incompetency, or for unprofessional conduct. The Board may vote to recommend to the Governor by a minimum of four aye votes the removal of a member for any one of the following reasons:

(a) Revocation or suspension of license to practice speech-1anguage pathology and/or audiology.

(b) Conviction of a crime involving moral turpitude.

(c) Failure to attend a majority of Board meetings scheduled at least 10 days in advance.

History

• Author: Eugene C. Sheeley
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended: Filed February 28, 1985. Amended (Rule Number Only): Filed September 14, 2006; effective October 19, 2006.
• Editor's note: Rule 870-X-1-.05 was renumbered 870-X-1-.06 as per certification filed September 14, 2006; effective October 19, 2006.

Ala. Admin. Code r. 870-X-1-.07 Scheduling Of Meetings

The Board should meet monthly to ensure that applications for licensure, Clinical Fellowship Year, Fourth-Year Internship, and registration of assistants may be reviewed in a timely manner, but the Board shall meet no less than once every two months. Mandatory meetings include: an organizational meeting in October, a meeting at the annual convention of the Speech and Hearing Association of Alabama and another general meeting before the end of the fiscal year. Meetings shall be held at the permanent office of the Board or such other places as the Chair shall prescribe. Meetings shall be open to the public, and all business of the Board shall be conducted in accordance with the current Open Meetings Act (OMA).

History

• Author: Eugene C. Sheeley, Robin Auerbach, Beth Hardaway, Gina Murray, Keith Nicholls
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended: Filed February 28, 1985; January 14, 1994. Amended: Filed February 11, 1994; effective March 18, 1994. Amended: Filed August 29, 1997; effective October 3, 1997. Amended: Filed October 25, 2000; effective November 29, 2000. Amended: Filed September 14, 2006; effective October 19, 2006.
• Editor's note: Rule 870-X-1-.06 was renumbered 870-X-1-.07 as per certification filed September 14, 2006; effective October 19, 2006.

Ala. Admin. Code r. 870-X-1-.08 Public Information

(1) The public may obtain information about the operation of the Board by communicating with the Board at its permanent address.

(2) The rules and regulations governing the Board shall be published by the Legislative Reference Service.

(3) The Board's official roster of current licensees will be printed annually in February. To be on this roster, a licensee must renew annually on or before January 31. Information regarding licensure status can be obtained by communicating with the Board at its permanent address.

(4) The Board shall present a report of its activities at the annual convention of the Speech and Hearing Association of Alabama.

(5) An annual report of the business conducted by the Board during the previous year shall be compiled during October of each year. Copies of the annual report shall be submitted to the Governor or his duly named representative and filed in the permanent office of the Board and offices of the members of the Board. The annual report should include an overview of the previous year. Specific items in the report include the following:

(a) Members of the Board

(b) Executive secretary

(c) Board’s address

(d) Number and dates of Board meetings

(e) Number of all applications reviewed

(f) Number of applicants licensed

(g) Number of applicants approved for CFY

(h) Number of Administrative/Disciplinary hearings

(i) Number of licensed suspended, pending, or impaired

(j) Number of complaints received

(k) Number of complaints investigated

(l) Total money received

(m) Total money disbursed

(n) Money encumbered at the end of fiscal year

(o) Number of continuing education workshops

(p) Number of CE participants

History

• Author: Eugene C. Sheeley, Gina Murray, Keith Nicholls
• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended: Filed February 28, 1985. Amended: Filed August 29, 1997; effective October 3, 1997. Amended (Rule Number Only): Filed September 14, 2006; effective October 19, 2006.
• Editor's note: Rule 870-X-1-.07 was renumbered 870-X-1-.08 as per certification filed September 14, 2006; effective October 19, 2006.

Ala. Admin. Code r. 870-X-1-.09 Management Of Funds

The Board shall be financed from income accruing to it from fees, licenses, and other charges and funds collected by the Board. All employee salaries and other expenses shall be paid as budgeted after budgets are approved by the comptroller or within the limitations of any appropriation or funds available for that purpose.

History

• Authority: Code of Ala. 1975, §§34-28A-1, et seq.
• Filed September 20, 1982. Amended (Rule Number Only): Filed September 14, 2006; effective October 19, 2006.
• Editor's note: Rule 870-X-1-.08 was renumbered 870-X-1-.09 as per certification filed September 14, 2006; effective October 19, 2006.