Subchapter E. ASSISTANTS

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Assistant—An individual who works under the direction and supervision of a licensed audiologist, speech-language pathologist or teacher of the hearing-impaired and who meets the requirements in this subchapter.

   Direct onsite supervision—The physical presence of a licensed audiologist, speech-language pathologist or teacher of the hearing-impaired, in the facility or location where the assistant is working who is immediately available to exercise supervision, direction and control.

   Interpreter—An individual whose sole function is to translate or to facilitate communication between persons via oral, cued speech, manual, total communication or written modes. For purposes of this subchapter, an interpreter is not considered an assistant.

   Task—Work assigned or carried out as a part or subcomponent of the assistant’s duties.

 (a)  A licensee shall file with the Board, on a form provided by the Board, the following:

   (1)  The name of the assistant.

   (2)  The location where the assistant will work.

   (3)  Certification that the assistant has met the education and training requirements in §  45.304 (relating to minimum education, experience and training requirements).

   (4)  Attestation by the assistant and the licensee that the assistant has read this chapter.

 (a)  Prior to the use of an assistant, the licensee shall obtain from the assistant evidence of one of the following:

   (1)  The assistant has completed 30 semester hours or the equivalent from an accredited institution of higher education in the area of speech-language and hearing as outlined in the requirements as specified (nonaudited) for a certificate of clinical competence from the council of professional standards of the American Speech-Language and Hearing Association or the Council on Education of the Deaf.

   (2)  The assistant has practiced as an assistant in the area of speech-language and hearing since at least June 8, 1989, under the supervision of an audiologist, speech-language pathologist or teacher of the hearing-impaired licensed in this Commonwealth.

   (3)  The assistant has practiced as an assistant in the area of speech-language and hearing since at least June 8, 1989, under the supervision of an audiologist, speech-language pathologist or teacher of the hearing-impaired licensed in another state or the District of Columbia which has requirements for assistants substantially equivalent to the provisions of this subchapter.

 (b)  Prior to assigning a duty to an assistant, a licensee shall perform a task analysis of the expected duties of each assistant the licensee supervises, and shall then train the assistant, with an emphasis on competency-based skill acquisition, in accordance with this analysis. Training may be provided through formal coursework, workshops or directly supervised observation or practicum; training shall encompass all areas of activities which the assistant will perform. An assistant trained in one area (audiology, speech-language pathology, teaching of the hearing-impaired) may not perform duties in another area, unless training in that area has been given. An assistant is not permitted to perform a duty for which, in the opinion of the licensed supervisor, the assistant is neither trained nor qualified. A minimum of 20 hours of practical training for each duty is required.

 (c)  A licensee shall familiarize an assistant with the standards of practice and conduct and the application of these ethics to each assistant’s activities, codified at Subchapter C (relating to standards of practice and conduct).

 (a)  An assistant may engage in only duties that are planned, designed and supervised by a licensee. Examples of appropriate duties include the following:

   (1)  The screening of speech, language or hearing.

   (2)  The recording, charting, graphing or otherwise displaying of data which reflects the performance of a person served.

   (3)  The maintaining of clinical records.

   (4)  The reporting of changes in the performance of a person served to the licensee who is responsible for that person.

   (5)  The preparing of clinical materials, including ear molds.

   (6)  The testing of hearing aids to determine whether they meet published specifications.

   (7)  The participating with the licensee in research projects, in-service training, public relations programs and similar activities.

 (b)  The assistant may not engage in one or more of the following activities:

   (1)  The formulating of diagnostic statements or clinical management strategies or procedures.

   (2)  The determining of who will be served.

   (3)  The transmitting of clinical information, including data or impressions bearing on the performance, behavior or progress of a person served, either verbally or in writing, to anyone other than the licensee.

   (4)  The independent composing of clinical reports, except for progress notes to be held in the file of a person served.

   (5)  The referring of a person served to other professionals or other agencies.

   (6)  The using of a title, either verbally or in writing, other than one which complies with §  45.301 (relating to definitions).

   (7)  Activities which require the formal education or training, and the skill and knowledge of a licensed audiologist, speech-language pathologist or teacher of the hearing-impaired.

 A licensee who supervises an assistant shall be responsible for:

   (1)  Hiring only assistants who meet the minimum requirements enumerated under §  45.304 (relating to minimum education, experience and training requirements).

   (2)  The assistant’s performance of assigned duties.

   (3)  Making professional decisions bearing on services provided.

   (4)  Ensuring that the assistant is assigned only duties and responsibilities for which the assistant has been specifically trained and which the assistant is qualified to perform.

   (5)  Directly observing the assistant’s performance in 25% of each clinical session. Direct observations shall be documented and the quality of the assistant’s performance shall be reviewed with the assistant.

   (6)  Ensuring that persons who will be receiving services from an assistant, or the person’s legal representative, is informed that services are being rendered by an assistant.

 (a)  An assistant may not engage in activities reserved by the act to licensees of the Board, nor may the assistant hold himself out to the public, either by title or by description of services, as an audiologist, speech-language pathologist or teacher of the hearing-impaired. Titles may be used only in conjunction with the appendage ‘‘assistant;’’ for example, ‘‘audiology assistant.’’

 (a)  A licensee is not required to file with the Board a list of support personnel who do not engage in activities requiring formal education or training in the field of speech-language and hearing, the skill and knowledge of a licensed audiologist, speech-language pathologist or a teacher of the hearing-impaired or the skill and knowledge of an assistant, as required under this subchapter.

 (b)  This subchapter does not limit the activities of a student who is pursuing a program of study supervised by a person licensed under the act which leads to a degree in audiology, speech-language pathology or teaching of the hearing-impaired in this Commonwealth.