Minn. Stat. § 148.5192

Current through Register Vol. 49, No. 8, August 19, 2024
Section 148.5192 - [Effective 7/1/2025] SPEECH-LANGUAGE PATHOLOGY ASSISTANTS
Subdivision 1.Delegation requirements. A licensed speech-language pathologist may delegate duties to a licensed speech-language pathology assistant in accordance with this section following an initial introduction to a client with the speech-language pathologist and speech-language pathology assistant present.

Subd. 2.Delegated duties; prohibitions.
(a) A speech-language pathology assistant may perform only those duties delegated by a licensed speech-language pathologist and must be limited to duties within the training and experience of the speech-language pathology assistant.
(b) Duties may include the following as delegated by the supervising speech-language pathologist:
(1) assist with speech language and hearing screenings;
(2) implement documented treatment plans or protocols developed by the supervising speech-language pathologist;
(3) document client performance, including writing progress notes;
(4) assist with assessments of clients;
(5) assist with preparing materials and scheduling activities as directed;
(6) perform checks and maintenance of equipment;
(7) support the supervising speech-language pathologist in research projects, in-service training, and public relations programs; and
(8) collect data for quality improvement.
(c) A speech-language pathology assistant may not:
(1) perform standardized or nonstandardized diagnostic tests, perform formal or informal evaluations, or interpret test results;
(2) demonstrate strategies included in the feeding and swallowing plan developed by the speech-language pathologist or share such information with students, patients, clients, families, staff, and caregivers;
(3) participate in parent conferences, case conferences, or interdisciplinary team meetings without approval from the speech-language pathologist or misrepresent themselves as a speech-language pathologist at such a conference or meeting. The speech-language pathologist and speech-language pathology assistant are required to meet prior to the parent conferences, case conferences, or interdisciplinary team meetings to determine the information to be shared;
(4) provide client or family counseling or consult with the client or the family regarding the client status or service;
(5) write, develop, or modify a client's individualized treatment plan or individualized education program;
(6) select clients for service;
(7) discharge clients from service;
(8) disclose information to other team members without permission from the supervising speech-language pathologist; or
(9) make referrals for additional services.
(d) A speech-language pathology assistant must only sign documents, including treatment plans, education plans, reimbursement forms, or reports, when cosigned by the supervising speech-language pathologist. The speech-language pathology assistant must sign or initial all treatment notes written by the assistant, which must then also be cosigned by the supervising speech-language pathologist.
Subd. 3.Supervision requirements.
(a) A supervising speech-language pathologist shall authorize and accept full responsibility for the performance, practice, and activity of a speech-language pathology assistant. The amount and type of supervision required must be based on the skills and experience of the speech-language pathology assistant. A minimum of one hour every 30 days of consultative supervision time must be documented for each speech-language pathology assistant.
(b) A supervising speech-language pathologist must:
(1) be licensed under sections 148.511 to 148.5198;
(2) hold a certificate of clinical competence from the American Speech-Language-Hearing Association or its equivalent as approved by the commissioner; and
(3) have completed at least ten hours of continuing education in supervision.
(c)

Once every 60 days, the supervising speech-language pathologist must treat or cotreat with the speech-language pathology assistant each client on the speech-language pathology assistant's caseload.

(d) For purposes of this section, "direct supervision" means observation and guidance by the supervising speech-language pathologist during the performance of a delegated duty that occurs either on-site and in-view or through the use of real-time, two-way interactive audio and visual communication. The supervision requirements described in this section are minimum requirements. Additional supervision requirements may be imposed at the discretion of the supervising speech-language pathologist.
(e) A supervising speech-language pathologist must be available to communicate with a speech-language pathology assistant at any time the assistant is in direct contact with a client.
(f) A supervising speech-language pathologist must document activities performed by the assistant that are directly supervised by the supervising speech-language pathologist. At a minimum, the documentation must include:
(1) information regarding the quality of the speech-language pathology assistant's performance of the delegated duties; and
(2) verification that any delegated clinical activity was limited to duties authorized to be performed by the speech-language pathology assistant under this section.
(g) A supervising speech-language pathologist must review and cosign all informal treatment notes signed or initialed by the speech-language pathology assistant.
(h) A full-time, speech-language pathologist may supervise no more than two full-time, speech-language pathology assistants or the equivalent of two full-time assistants.
Subd. 4.Notification.

Any agency or clinic that intends to utilize the services of a speech-language pathology assistant must provide written notification to the client or, if the client is younger than 18 years old, to the client's parent or guardian before a speech-language pathology assistant may perform any of the duties described in this section.

Minn. Stat. § 148.5192

2004 c 279 art 1 s 14; 2005 c 147 art 7 s 19

Amended by 2024 Minn. Laws, ch. 127,s 25-18, eff. 7/1/2025.
Amended by 2024 Minn. Laws, ch. 127,s 25-17, eff. 7/1/2025.
Amended by 2024 Minn. Laws, ch. 127,s 25-16, eff. 7/1/2025.
This section is set out more than once due to postponed, multiple, or conflicting amendments.