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Administrative Rules

CHAPTER 20:79:04

SPEECH-LANGUAGE PATHOLOGY ASSISTANTS

Section

20:79:04:01        Responsibilities within the scope for speech-language pathology assistants.

20:79:04:02        Responsibilities outside the scope for speech-language pathology assistants.

20:79:04:03        Supervision of speech-language pathology assistants.

20:79:04:04        Record of supervision.

20:79:04:05        Documentation required for supervision.

20:79:04:06        License of supervisor, Repealed.




    20:79:04:01.  Responsibilities within the scope for speech-language pathology assistants. A licensed speech-language pathology assistant, who has demonstrated competency, may perform the following under the supervision of a speech-language pathologist:

    (1)  Administer and score speech, language, and hearing screening tools, speech and language assessment tools, and speech and language monitoring tools without clinical interpretation;

    (2)  Assist with informal documentation for the supervising speech-language pathologist to use, prepare materials, and assist with other duties not prohibited by § 20:79:04:02;

    (3)  Implement documented care plans or protocols developed by the supervising speech-language pathologist;

    (4)  Provide direct client services to address treatment goals as developed by the supervising speech-language pathologist;

    (5)  Document client performance by preparing charts, records, and graphs, and report the information to the supervising speech-language pathologist;

    (6)  Perform simple checks and maintenance on equipment;

    (7)  Assist the supervising speech-language pathologist during assessment of clients, excluding interpretation;

    (8)  Support the supervising speech-language pathologist in research projects, development of training materials, in-service training, and public relations programs;

    (9)  Assist with scheduling, record keeping, and safety and maintenance of supplies and equipment;

    (10)  Program and provide instruction on the use of augmentative and alternative communication services by developing low-tech augmentative and alternative communication materials, programming devices, and providing training and technical assistance on the use of devices, as directed by the supervising speech-language pathologist;

    (11)  Demonstrate or share information with a client's caregiver and staff regarding feeding and swallowing plans developed and directed by the supervising speech-language pathologist;

    (12)  Provide guidance and treatment via telepractice to clients who are selected by the supervising speech-language pathologist;

    (13)  Provide caregiver coaching for facilitation of skills; and

    (14)  Share objective information regarding client performance to clients, caregivers, and staff, without interpretation or recommendation, as directed by the supervising speech-language pathologist.

    A licensed speech-language pathology assistant shall comply with regulations, confidentiality policies, reimbursement requirements, and job responsibilities as assigned by the supervising speech-language pathologist.

    Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

    General Authority: SDCL 36-37-12.

    Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.




    20:79:04:02.  Responsibilities outside the scope for speech-language pathology assistants. A speech-language pathology assistant may not:

    (1)  Perform any activity that violates § 20:79:06:04;

    (2)  Represent oneself as a speech-language pathologist;

    (3)  Interpret screening or test results;

    (4)  Administer feeding and swallowing screenings, checklists, or test results;

    (5)  Diagnose communication, feeding, or swallowing disorders;

    (6)  Perform procedures that require a high level of clinical acumen and technical skill;

    (7)  Participate in parent conferences, case conferences, or any interdisciplinary team without the presence or prior approval of the supervising speech-language pathologist;

    (8)  Develop, write, or modify a client's individualized care plan in any way;

    (9)  Provide client counseling;

    (10)  Provide interpretative information to the client, caregiver, or staff regarding the client's status or service;

    (11)  Sign or initial any formal document without the co-signature of the supervising speech-language pathologist;

    (12)  Assist clients without following the individualized care plan prepared by the supervising speech-language pathologist or without access to supervision by the supervising speech-language pathologist;

    (13)  Select clients for services or make determinations regarding eligibility or qualification for services;

    (14)  Discharge clients from services;

    (15)  Make referrals for additional services;

    (16)  Develop or determine the swallowing strategies or precautions for clients, caregivers, or staff;

    (17)  Treat medically fragile clients without supervision;

    (18)  Design or select augmentative and alternative communication systems or devices; or

    (19)  Disclose confidential information orally or in writing to anyone who has not been approved by the supervising speech-language pathologist to receive information, unless mandated by law.

    Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

    General Authority: SDCL 36-37-12.

    Law Implemented: SDCL36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.

    Examples:

    (6)  High level of clinical acumen and technical skill includes vocal tract prosthesis shaping or fitting, vocal tract imaging, and oral pharyngeal swallow therapy with bolus material.

    (11)  Formal document includes treatment plans, reports, or reimbursement plans.




    20:79:04:03.  Supervision of speech-language pathology assistants. During the first two work weeks of supervising a speech-language pathology assistant, the supervising speech-language pathologist shall observe the speech-language pathology assistant performing direct and indirect services and develop a written supervision plan. The plan must include:

    (1)  The date the plan was developed;

    (2)  An assessment of the speech-language pathology assistant's skills;

    (3)  The frequency, amount, and type of supervision to be provided to maintain the highest quality of services; and

    (4)  Signatures of the speech-language pathologist and speech-language pathology assistant.

    The supervising speech-language pathologist must complete a written review of the plan at least annually, or more frequently based on the speech-language pathology assistant’s skills, needs of a client, or setting. The speech-language pathologist and speech-language pathology assistant are jointly responsible for ensuring the plan is implemented and for documenting all supervision activities.

    The supervising speech-language pathologist shall initiate the first contact with every client and thereafter review data on every client seen by the speech-language pathology assistant every two weeks. The speech-language pathologist shall make direct contact with each client at least once every sixty calendar days.

    The supervising speech-language pathologist shall supervise the speech-language pathology assistant when the assistant is serving medically fragile clients. For purposes of this section, the term, medically fragile, includes any client who is acutely ill and in an unstable health condition.

    A speech-language pathology assistant may not practice when a supervising speech-language pathologist is not available in-person or by telecommunication technology. If a supervising speech-language pathologist is no longer available to provide appropriate supervision, the speech-language pathology assistant may not perform assigned tasks until a new supervisor, meeting the requirements of SDCL 36-37-20, has been designated. If the supervising speech-language pathologist changes, the new supervising speech-language pathologist shall develop a new written supervision plan and shall consult the previous supervisor to determine the appropriate supervision level based on the speech-language pathology assistant’s knowledge, skills, experience, and demonstrated competency.

    If a speech-language pathology assistant has more than one supervising speech-language pathologist, the supervisors must coordinate to collectively meet the requirements of this section.

    Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

    General Authority: SDCL 36-37-12.

    Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.




    20:79:04:04.  Record of supervision. All supervision must be documented by either the speech-language pathology assistant or the supervising speech-language pathologist and signed by both.

    Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

    General Authority: SDCL 36-37-12.

    Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.




    20:79:04:05.  Documentation required for supervision. The speech-language pathology assistant must submit a notarized form, prescribed by the board and signed by the speech-language pathology assistant and the supervisor, to the board, before the speech-language pathology assistant practices. The supervisor shall agree to supervise the assistant and accept full responsibility for the assistant's professional practice, and shall confirm the agreement on the form.

    Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

    General Authority: SDCL 36-37-12.

    Law Implemented: SDCL 36-37-5(3)(c), 36-37-12(15), 36-37-18, 36-37-20.




    20:79:04:06.  License of supervisor. Repealed.

    Source: 39 SDR 220, effective June 27, 2013; 50 SDR 23, effective September 3, 2023.

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