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  • ESC Region XI May 15, 2009 5/15/2009
  • Why are we here? Not that we all aren’t concerned about ethical issues, but really we are here because of the new requirement for the Texas State Board of Examiners and to inform you of another requirement that goes into place January 1, 2010 (Juris Prudence Exam) Online, approx $30 for one hour training to be done one time only. Will count for 1 hr of ethics. http://www.dshs.state.tx.us/speech/default.shtm 2 Clock Hours – Ethics Continuing Education Requirement §741.162(c) Twenty clock hours (two CEUs) shall be required to renew a license issued for a two-year term. The holder of dual licenses, meaning both a speech-language pathology license and an audiology license, shall be required to earn 30 clock hours (three CEUs) to renew a license issued for a two-year term. Effective for renewals in May 2009 and after, a licensee must have had a minimum of two clock hours in ethics per renewal period. Extension of the Two Hour Ethics Requirement – at the February 27th board meeting the board members voted to extend the grace period for the ethics CEU requirement through December 31, 2009. Licensees who renew between May 2009 and December 2009 will have until December 31, 2009 to acquire the two clock hours in ethics for the previous renewal period, if they have not done so by the month of their renewal. These clock hours in ethics earned during the grace period will not count toward the ethics requirement for their next renewal in 2011. May 15, 2009 ESC Region XI 5/15/2009
  • ESC Region XI 5/15/2009 May 15, 2009
  • Governing bodies ESC Region XI May 15, 2009 5/15/2009
  • Have copy of SBOE SLP & Aud Board rules in your packet Beginning of Ethics section is 741.41 Prof responsibilities Bottom of Page 3 Divide this between the people at your table so that everyone is reviewing at least one section. Don’t read yet. ESC Region XI May 15, 2009 5/15/2009
  • On white sheet in your packet on the left titled Give One Get One Note a few things that you found interesting, surprising or something you didn’t know from your section under the Give one section -At your table share with your table mates one of the things you noted. Each person should share until all sections have been covered. ESC Region XI May 15, 2009 5/15/2009
  • READ ESC Region XI 5/15/2009 May 15, 2009
  • Did you see anything you had forgotten or were not familiar with? ESC Region XI May 15, 2009 5/15/2009
  • Disciplinary actions are taken by regulatory authorities (boards, committees, programs) in response to a violation of the law or rules.  Different kinds of actions may be taken depending on the severity of the offense, the history of previous violations, efforts made to correct the violation, the harm to the victim(s), the likelihood of a repeat violation, and other matters related to each particular case.  These actions are taken to protect and promote the health, safety, and welfare of the citizens of Texas. Final Disciplinary Actions - License Denial, Surrender, Revocation These actions will be permanently posted on this website . Further information, including a copy of the final order, is available upon written request from our office. Final Disciplinary Actions - All Other, including Probated Suspension, Reprimand, and Administrative Penalty These actions will be posted on this website for a total of seven (7) years, in accordance with our records retention schedule. The regulated individual may now be currently licensed, in good standing, and practicing without any restrictions. ESC Region XI May 15, 2009 5/15/2009
  • Complete the Matching Activity with your table group. ESC Region XI May 15, 2009 5/15/2009
  • ASHA Principles of Ethics (1 page) Complete ASHA code of ethics “Cultural Competency” ESC Region XI May 15, 2009 5/15/2009
  • Review ASHA’s 4 Principles of Ethics ESC Region XI May 15, 2009 5/15/2009
  • Review ESC Region XI 5/15/2009 May 15, 2009
  • Review ESC Region XI May 15, 2009 5/15/2009
  • Review ESC Region XI May 15, 2009 5/15/2009
  • ASHA has available on website several documents addressing specific ethics issues in more detail. Read page 2-3, “Discussion section”. At your table discuss implications for your job setting. You will be asked to share one with the large group. ESC Region XI May 15, 2009 5/15/2009
  • 1."employer demands," that is, demands and requests made by employers, supervisors, and directors that would cause our members—as their employees—to potentially violate the Code of Ethics as part of their employment. You can appreciate what a challenging situation this is for ASHA members. For example, if, on the one hand, the member does what is asked and it is unethical, then the member risks being sanctioned by ASHA's Board of Ethics and/or a state licensure board. On the other hand, if the member refuses to do what is demanded, he or she risks being disciplined (or terminated) by the employer. It is a classic dilemma. Fortunately, in my experience, in the majority of cases the employer does not appreciate that what he/she is demanding is problematic and the predicament can be cured by the clinician educating the employer, and advocating for best practices. Speech Assistants & Support Personnel: training, use, and supervision of support personnel and assistants. Dysphagia- evaluation & treatment of swallowing. When is it appropriate in school. Reimbursement: billing, coding Clinical Fellowships: Supervision Cultural Competence: provision of services to culturally and linguistically diverse populations. ESC Region XI May 15, 2009 5/15/2009
  • REVIEW ESC Region XI May 15, 2009 5/15/2009
  • ASHA Sanction(s): Penalties imposed by the Board of Ethics Reprimand: A formal rebuke or condemnation with limited disclosure Censure: A public Reprimand Suspension of Membership and/or Certification: A sanction that temporarily interrupts the Respondent's membership and/or certification in the Association for the period of time imposed. Suspension of Membership and/or Certification requires a majority vote of the Board of Ethics. The Respondent need not apply for reinstatement to regain membership and/or certification at the end of the suspension period. Revocation of Membership and/or Certification : A sanction that terminates the Respondent's membership and certification in the Association for the period of time specified. Revocation requires a two-thirds vote of those board members present and voting. The Respondent must apply for reinstatement to regain membership and/or certification. Withholding of Membership and/or Certification: This sanction, which applies only in situations in which the Respondent is in the certification or membership application process when a violation is found, prohibits future Association membership and/or certification for the period of time imposed. Withholding of Membership and/or Certification requires a majority vote of the Board of Ethics. When the sanction period of time has expired the Respondent is not required to apply to the Board of Ethics; application is made directly to the Association. ESC Region XI May 15, 2009 5/15/2009
  • Not required to be a member of TSHA to practice in Texas -Based upon ASHA Code of Ethics Procedures and sanctions are basically the same -Located on the TSHA website http://www.txsha.org/About_TSHA/code_of_ethics.asp -Interpreted, administered, and enforced by the Ethical Practice Committee (EPC) -Alleged violations are reviewed by the EPC resulting in a determination which can be appealed before a final decision is rendered ESC Region XI May 15, 2009 5/15/2009
  • REVIEW We feel like this at times. ESC Region XI 5/15/2009 May 15, 2009
  • Ask group to first rank the characters INDIVIDUALLY. Put signs around the room with the name of each character. Ask each person to stand by the name that represents the character they feel is MOST responsible for the death of the baroness. Large group discussion Return to tables. Ask table groups to try to come to consensus as to who they feel is the most responsible for the death of the baroness. No one right answer. Can be difficult to reach a consensus. Many ethics issues can be the same. The primary theme is to get participants to discuss personal responsibility but there are also issues related to relationships, business ethics, and personal values embedded within the story. Ethic/morals versus the Law   -------------------------------------------------------------------------------------- Sample reasoning 1=Mad Man- With out him, there is definitely no murder. Whether he is insane or not doesn't affect responsibility, in my opinion, as then mentally insane people would bear no consequences. My professor actually said several states have adopted "Guilty, though insane" as opposed to "Innocent by means of insanity" in court cases. 2=Baroness- She, though reluctantly, attempted to pass the Mad Man despite his threats. She could have stayed across the bridge and accepted whatever punishment from the Baron, with it being, at worst, as bad as what the Mad Man would give her. 3=Lover- The morality of his affair aside, he lured and enticed her to leave the castle knowing she may be caught, yet denies her any form of help once that situation is realized. 4=Baron- His rules struck great fear in her, but rules without fear are not very good rules (more so with important rules). He may have just threatened and not actually punished her. Either way, she would have visited her lover none the less and the Mad Man would still be there. But would she just not cross? Probably. 5=Friend- The responsibility of a friend comes into question here. Should a friend always bail another friend out, regardless of the circumstances? I feel that the Baroness' life truly wasn't in danger at the time she talked to the friend, as she could choose to still not cross the bridge. Also, if the friend is reoved from the situation, the Baroness still dies, so the friend couldn't be too responsible for it. 6=Boatman- He was only doing his job. She was not in mortal danger, and to break such a rule every time some one claimed they desperately needed to get across would ruin his business. ESC Region XI May 15, 2009 5/15/2009
  • At your table you each have a case study. Pink paper Each table will only have 1 student. Take a few moments to read the case study. Then at your table please discuss the ethical dilemma and if appropriate which SBOE rules and/or ASHA rules are being violated. Be prepared to report back your finding to the large group. Each table also has a one page pink document with all 6 case studies on it. This is so you can follow along when we report back as a large group. ESC Region XI May 15, 2009 5/15/2009
  • Texas Administrative Code §741.41 Professional Responsibilities of License Holders (a) A licensee shall: (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience; (b) A licensee shall not: (13) misrepresent his or her training or competence; ASHA Code of Ethics Principle of Ethics II: Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence. (B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience. ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • Texas Administrative Code §741.44 (b) A supervisor of an intern or assistant shall: (3) provide appropriate supervision after the board office approves the supervisory arrangement; (d) A licensed intern or assistant shall abide by the decisions made by the supervisor relating to the intern's or assistant's scope of practice. In the event the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant shall refuse to do so and immediately notify the board office and any other appropriate authority. §741.41 Professional Responsibilities of License Holders (a) A licensee shall: (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience; (b) A licensee shall not: (4) delegate any service requiring professional competence of a licensee or registrant to anyone not licensed or registered for the performance of that service; ASHA Code of Ethics Principle of Ethics II: Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence. (B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience. ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • Texas Administrative Code §741.41 Professional Responsibilities of License Holders (b) A licensee shall not: (13) misrepresent his or her training or competence; §741.64 Requirements for an Assistant in Speech-Language Pathology License (Page 9) (l) In any professional context the licensee must indicate the licensee status as a speech-language pathology assistant. ASHA Code of Ethics Principle of Ethics I Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally or participants in research and scholarly activities and shall treat animals involved in research in a humane manner. (D). Individuals shall not misrepresent the credentials of assistants, technicians, or support personnel and shall inform those they serve professionally of the name and professional credentials of persons providing services. ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • Texas Administrative Code §741.41 Professional Responsibilities of License Holders (a) A licensee shall: (4) seek appropriate medical consultation whenever indicated; (b) A licensee shall not: (1) engage in the medical treatment of speech-language and hearing disorders; (5) provide services if the services cannot be provided with reasonable skill or safety to the client; ASHA Code of Ethics ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • Texas Administrative Code §741.44 Requirements, Duties, and Responsibilities of Supervisors pg 9 (b) A supervisor of an intern or assistant shall: (3) provide appropriate supervision after the board office approves the supervisory arrangement; (4) supervise no more than a total of four interns and/or assistants. An exception may be made allowing supervision of more than four individuals if the supervisor submits documentation demonstrating their ability to manage the entire caseload. The board's designee will determine if an exception is granted (d) A licensed intern or assistant shall abide by the decisions made by the supervisor relating to the intern's or assistant's scope of practice. In the event the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant shall refuse to do so and immediately notify the board office and any other appropriate authority. (g) A licensed speech-language pathologist shall assign duties and provide appropriate supervision to the assistant. (1) Initial diagnostic contacts shall be conducted by the supervising speech-language pathologist. (4) The supervising speech-language pathologist shall provide a minimum of two hours per week of supervision, at least one hour of which is face-to-face supervision where the speech-language pathology assistant is providing the therapy. This applies whether the assistant's practice is full or part-time. (7) (B) An assistant may not conduct an evaluation which includes diagnostic testing and observation, test interpretation, diagnosis, decision making, statement of severity or implication, case selection or case load decisions. §741.41 Professional Responsibilities of License Holders (a) A licensee shall: (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience; (b) A licensee shall not: (4) delegate any service requiring professional competence of a licensee or registrant to anyone not licensed or registered for the performance of that service; ASHA Code of Ethics Principle of Ethics II: Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence. (B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience. ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • * Discussion Point- Can you report a standard score for this student? Texas Administrative Code ASHA Code of Ethics Principle of Ethics IV Individuals shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions. Individuals shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions' self-imposed standards. G. Individuals shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription. American Speech-Language-Hearing Association. (2005). Cultural Competence [Issues in Ethics]. Available from www.asha.org/policy. Federal Register Vol. 71 No. 156 August 14, 2006/ Rules and Regulations § 300.304 Evaluation procedures. (c) Other evaluation procedures. Each public agency must ensure that— (1) Assessments and other evaluation materials used to assess a child under this part— (i) Are selected and administered so as not to be discriminatory on a racial or cultural basis; (ii) Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer; (iii) Are used for the purposes for which the assessments or measures are valid and reliable; (iv) Are administered by trained and knowledgeable personnel; and (v) Are administered in accordance with any instructions provided by the producer of the assessments. § 300.306 Determination of eligibility. (b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part— (1) If the determinant factor for that determination is— (iii) Limited English proficiency; ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • OPTIONAL SLIDE ESC Region XI May 15, 2009 5/15/2009
  • ESC Region XI May 15, 2009 5/15/2009
  • REVIEW ESC Region XI 5/15/2009 May 15, 2009
  • Attachments: SBOE TAC Chapter 741 Give one Get one SBOE Types of Disciplinary Actions Matching activity ASHA Code of Ethics- Principles Summary ASHA Code of Ethics Document ASHA Cultural Competence TSHA Code of Ethics The Drawbridge Exercise Case Studies ESC Region XI May 15, 2009 5/15/2009

Slp Ethics Slp Ethics Presentation Transcript

  • November, 2009 Education Service Center – Region 19
  •  
  • http://www.dshs.state.tx.us/speech/default.shtm Juris Prudence Exam January 1, 2010 $40 Counts for one hour of ethics. “ No Pass No Fail”
    • State Board of Examiners (TAC Ch 741)
    • IDEA, FERPA, HIPPA
    • State Commissioner
    • Rules
    • Employer / Campus
    • American Speech &
    • Hearing Association
    • Texas Speech & Hearing Association
    • Medicare/Medicaid
    • Duties and Responsibilities of License Holders
    • §741.41 Professional Responsibilities of License Holders
    • §741.42 Advertising
    • §741.43 Record Keeping & Billing
    • §741.44 Requirements, Duties and Responsibilities of Supervisors
    • §741.45 Consumer Information & Display of License
    TAC Chapter 741
  • Take Notes Share
  •  
    • Duties and Responsibilities of License Holders
    • §741.41 Professional Responsibilities of License Holders
    • §741.42 Advertising
    • §741.43 Record Keeping & Billing
    • §741.44 Requirements, Duties and Responsibilities of Supervisors
    • §741.45 Consumer Information & Display of License
    TAC Chapter 741
    • Calendar Year 2008 (January 1, 2008 to December 31, 2008)
    • Professional Licensing and Certification Unit Texas Department of State Health Services
    •   Texas State Board of Examiners for Speech-Language Pathology and Audiology
    • Violations related to Advertising/Mislabeling 25.00%
    • Violations related to Financial Issues 12.50%
    • Violations related to Failure to 25.00%
    • Provide Standard of Care
    • Violations related to Fraud/Deceit/Bribery 25.00%
    • Violations related to Unlicensed Practice 12.50%
    • Revocation
    • Denial
    • Surrender
    • Suspension
    • Probated suspension
    • Reprimand
    • Settlement agreement with stipulations
    • Administrative penalty
    • Settlement agreement with administrative penalty
    • Probated
    • suspension with administrative penalty
    TEXAS SBOE
  •  
    • Principle of Ethics I
    • Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally or participants in research and scholarly activities and shall treat animals involved in research in a humane manner.
    • Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence.
    Principle of Ethics II
    • Individuals shall
    • Honor their
    • responsibility to the
    • public by promoting
    • Public understanding
    • of the professions, by
    • supporting the
    • development of
    • services designed to
    • fulfill the unmet
    • needs of the public,
    • and by providing
    • accurate information
    Principle of Ethics III in all communications involving any aspect of the professions, including dissemination of research findings and scholarly activities.
    • Principle of Ethics IV
    • Individuals shall honor their responsibilities to the professions and their relationships with colleagues, students, and members of allied professions. Individuals shall uphold the dignity and autonomy of the professions, maintain harmonious interprofessional and intraprofessional relationships, and accept the professions’ self-imposed standards.
  •  
  • American Speech-Language-Hearing Association. (2005). Cultural Competence [Issues in Ethics]. Available from www.asha.org/policy.
    • Employer Demands
    • Speech Assistants & Support Personnel
    • Dysphagia
    • Reimbursement
    • Clinical Fellowships
    • Cultural Competence
    From the Director of Ethics David R. Denton, JD, MA, CCC-SLP December 2008 www.asha.org
    • SLP Survey Results : Ethical Dilemmas/Issues
    • 57% -feeling inadequately trained to provide a service
    • 57%- Having external limits placed on a treatment plan
    • 55%- Having to go along with a team’s decision with which they disagreed
    • 53% - families of clients insisting on treatment
    • 51% -continuing treatment with which they disagreed
    American Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists , Available from www.asha.org/policy . ,
    • Reprimand
    • Censure
    • Suspension of Membership and/or Certification
    • Revocation of Membership and/or Certification
    • Withholding of Membership and/or Certification
      • http://www.txsha.org/About_TSHA/code_of_ethics.asp
    Based on ASHA Code of Ethics Enforced by EPC: Ethical Practice Committee
  •  
    • At your Table…
    • Individually
    • As a Group
    Rank the characters in the order of the responsibility for the death of the Baroness. Agree upon the ranking in the order of the responsibility for the death of the Baroness.
  • April Showers Ginger Snap Sarah Tonin Art Tick Patti Kake Suzie Sunshine Courtesy of Sherry Sancibrian & Donise Pearson
  • APRIL SHOWERS
    • A new family has moved into the community and enrolled their 5-year-old, who has a cochlear implant. April received little instruction about CI in grad school, and has never worked with a child with a CI. April’s supervisor wants her to take the lead in providing services for this child, and reassure the family that the district can provide appropriate intervention for their child.
    ASHA Board of Ethics, ASHA 2008 convention
    • A new family has moved into the community and enrolled their 5-year-old, who has a cochlear implant. April received little instruction about CI in grad school, and has never worked with a child with a CI. April’s supervisor wants her to take the lead in providing services for this child, and reassure the family that the district can provide appropriate intervention for their child.
    • Texas Administrative Code
    • §741.41 Professional Responsibilities of License Holders
    • (a) A licensee shall:
    • (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience;
    • (b) A licensee shall not:
    • (13) misrepresent his or her training or competence;
    • ASHA Code of Ethics
    • Principle of Ethics II:
    • Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence .
    • (B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.
  • GINGER SNAP
    • Ginger is a CF who is supervised by the only CCC-SLP on the staff, Justin Case. In the middle of Ginger’s CF, Justin announces that he will be taking 12 weeks of family leave to stay home with his newly adopted son. He tells Ginger that while he is away, she will need to supervise the SLP assistant who provides services for preschoolers. Further, he tells Ginger that he will supervise her “a little extra” before he goes on leave to meet the supervisory requirements for her internship.
    Modified from ASHA Board of Ethics, ASHA 2006 convention
    • Ginger is a CF who is supervised by the only CCC-SLP on the staff, Justin Case. In the middle of Ginger’s CF, Justin announces that he will be taking 12 weeks of family leave to stay home with his newly adopted son. He tells Ginger that while he is away, she will need to supervise the SLP assistant who provides services for preschoolers. Further, he tells Ginger that he will supervise her “a little extra” before he goes on leave to meet the supervisory requirements for her internship.
    • Texas Administrative Code
    • §741.44 Requirements, Duties, and Responsibilities of Supervisors
    • (b) A supervisor of an intern or assistant shall:
    • (3) provide appropriate supervision after the board office
    • approves the supervisory arrangement;
    • (d) A licensed intern or assistant shall abide by the decisions made by the supervisor relating to the intern's or
    • assistant's scope of practice. In the event the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant shall refuse to do so and immediately notify the board office and any other appropriate authority.
    • §741.41 Professional Responsibilities of License Holders
    • (a) A licensee shall:
    • (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering
    • level of education, training, and experience;
    • (b) A licensee shall not:
    • (4) delegate any service requiring professional competence of a licensee or registrant to anyone not licensed or
    • registered for the performance of that service;
    ASHA Code of Ethics Principle of Ethics II: Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence. (B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.
  • SARAH TONIN
    • Sarah is very excited about her first job as an SLP assistant. When she arrives for orientation, she is given a nametag that says “Sarah Tonin, Speech Therapist”. When Sarah asks her supervisor, Kandi Kane, if this nametag is appropriate, Kandi tells her not to worry about it because employers are always confused about the various titles in the speech pathology licensure law.
    • Sarah is very excited about her first job as an SLP assistant. When she arrives for orientation, she is given a nametag that says “Sarah Tonin, Speech Therapist”. When Sarah asks her supervisor, Kandi Kane, if this nametag is appropriate, Kandi tells her not to worry about it because employers are always confused about the various titles in the speech pathology licensure law.
    • Texas Administrative Code
    • § 741.41 Professional Responsibilities of License Holders
    • (b) A licensee shall not:
    • (13) misrepresent his or her training or competence;
    • §741.64 Requirements for an Assistant in Speech-Language Pathology License (Page 9)
    • (l) In any professional context the licensee must indicate the licensee status as a speech-language pathology assistant.
    • ASHA Code of Ethics
    • Principle of Ethics I
    • Individuals shall honor their responsibility to
    • hold paramount the welfare of persons they
    • serve professionally or participants in research
    • and scholarly activities and shall treat animals
    • involved in research in a humane manner.
    • (D). Individuals shall not misrepresent the credentials of assistants, technicians, or
    • support personnel and shall inform those they serve professionally of the name
    • and professional credentials of persons providing services.
  • ART TICK
    • Art is concerned about the hoarse vocal quality and mild hypernasality exhibited by a third grader referred for evaluation. He wants to refer the student for evaluation by an ENT, but his special ed director, Ed Vizer, tells him that the administration will not approve a medical referral because of budget shortfalls. Ed advises Art to “do the best you can” without the medical evaluation.
    • Art is concerned about the
    • hoarse vocal quality and mild
    • hypernasality exhibited by a
    • third grader referred for
    • evaluation. He wants to refer
    • the student for evaluation by
    • an ENT, but his special ed
    • director, Ed Vizer, tells him
    • that the administration will
    • not approve a medical
    • referral because of budget
    • shortfalls. Ed advises Art to
    • “ do the best you can” without
    • the medical evaluation.
    • Texas Administrative Code
    • §741.41 Professional Responsibilities of License Holders
    • (a) A licensee shall:
    • (4) seek appropriate medical consultation whenever indicated;
    • (b) A licensee shall not:
    • (1) engage in the medical treatment of speech- language and hearing disorders;
    • (5) provide services if the services cannot be provided with reasonable skill or safety to the client;
  • PATTI KAKE
    • Patti is an SLP assistant employed by the Near-Here special education co-op. The co-op has employed a licensed SLP to work 2 days per week, supervising 6 assistants. Patti has a caseload of 60 students, and also handles new referrals. When the SLP is at Patti’s building, she reviews test protocols and signs the evaluation reports that Patti has written.
    • Patti is an SLP assistant
    • employed by the Near-Here
    • special education co-op. The
    • co-op has employed a
    • licensed SLP to work 2 days per
    • week, supervising 6 assistants.
    • Patti has a caseload of 60
    • students, and also handles new
    • referrals. When the SLP is at
    • Patti’s building, she reviews test
    • protocols and signs the
    • evaluation reports that Patti has
    • written.
    • Texas Administrative Code
    • §741.44 Requirements, Duties, and Responsibilities of Supervisors pg 9
    • (b) A supervisor of an intern or assistant shall:
    • (3) provide appropriate supervision after the board office approves the supervisory arrangement;
    • (4) supervise no more than a total of four interns and/or assistants. An exception may be made allowing supervision of more than four individuals if the supervisor submits documentation demonstrating their ability to manage the entire caseload. The board's designee will determine if an exception is granted.
    • (d) A licensed intern or assistant shall abide by the decisions made by the supervisor relating to the intern's or assistant's scope of practice. In the event the supervisor requests that the intern or assistant violate this chapter, the Act, or any other law, the intern or assistant shall refuse to do so and immediately notify the board office and any other appropriate authority.
    • (g) A licensed speech-language pathologist shall assign duties and provide appropriate supervision to the assistant.
    • (1) Initial diagnostic contacts shall be conducted by the supervising speech-language pathologist.
    • (4) The supervising speech-language pathologist shall provide a minimum of two hours per week of supervision, at least one hour of which is face-to-face supervision where the speech-language pathology assistant is providing the therapy. This applies whether the assistant's practice is full or part-time.
    • (7) (B) An assistant may not conduct an evaluation which includes diagnostic testing and observation, test interpretation, diagnosis, decision making, statement of severity or implication, case selection or case load decisions.
    • Patti is an SLP assistant
    • employed by the Near-Here
    • special education co-op. The
    • co-op has employed a
    • licensed SLP to work 2 days per
    • week, supervising 6 assistants.
    • Patti has a caseload of 60
    • students, and also handles new
    • referrals. When the SLP is at
    • Patti’s building, she reviews test
    • protocols and signs the
    • evaluation reports that Patti has
    • written.
    • Texas Administrative Code
    • §741.41 Professional Responsibilities of License Holders
    • (a) A licensee shall:
    • (1) engage in only those aspects of the profession that are within the scope of the licensee's competence considering level of education, training, and experience;
    • (b) A licensee shall not:
    • (4) delegate any service requiring professional competence of a licensee or registrant to anyone not licensed or registered for the performance of that service;
    ASHA Code of Ethics Principle of Ethics : Individuals shall honor their responsibility to achieve and maintain the highest level of professional competence. (B). Individuals shall engage in only those aspects of the professions that are within the scope of their competence, considering their level of education, training, and experience.
  • SUZIE SUNSHINE
    • Suzie receives a referral for Kim Zhang, an 8-year-old, whose family arrived in this country 18 months ago. Suzie administers the CELF-4 in English and asks the school secretary (who spoke Mandarin as a child), to give a translated CELF. Although Kim achieves a standard score of 80, the ARD committee feels that speech-language services with Suzie will be an excellent complement to the school’s limited ESL services, and qualifies Kim for special ed.
    • Suzie receives a referral for Kim
    • Zhang, an 8-year-old, whose family
    • arrived in this country 18 months
    • ago. Suzie administers the CELF-4
    • in English and asks the school
    • secretary (who spoke Mandarin as
    • a child), to give a translated CELF.
    • Although Kim achieves a standard
    • score of 80, the ARD committee
    • feels that speech-language
    • services with Suzie will be an
    • excellent complement to the
    • school’s limited ESL services, and
    • qualifies Kim for special ed.
    • ASHA Code of Ethics
    • Principle of Ethics IV
    • Individuals shall honor their responsibilities
    • to the professions and their relationships
    • with colleagues, students, and members of
    • allied professions. Individuals shall uphold
    • the dignity and autonomy of the professions,
    • maintain harmonious interprofessional
    • and intraprofessional relationships, and
    • accept the professions' self imposed
    • standards.
    • G. Individuals shall not provide professional services without exercising independent professional judgment, regardless of referral source or prescription.
    • American Speech-Language-Hearing Association. (2005). Cultural Competence
    • [Issues in Ethics]. Available from www.asha.org/policy.
    • Suzie receives a referral for Kim
    • Zhang, an 8-year-old, whose family
    • arrived in this country 18 months
    • ago. Suzie administers the CELF-4
    • in English and asks the school
    • secretary (who spoke Mandarin as
    • a child), to give a translated CELF.
    • Although Kim achieves a standard
    • score of 80, the ARD committee
    • feels that speech-language
    • services with Suzie will be an
    • excellent complement to the
    • school’s limited ESL services, and
    • qualifies Kim for special ed.
    • Federal Register Vol. 71 No. 156 August 14, 2006/ Rules and Regulations
    • § 300.304 Evaluation procedures.
    • (c) Other evaluation procedures. Each public agency must ensure that—
    • (1) Assessments and other evaluation materials used to assess a child under this part—
    • (i) Are selected and administered so as not to be discriminatory on a racial or cultural basis;
    • (ii) Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;
    • (iii) Are used for the purposes for which the assessments or measures are valid and reliable ;
    • (iv) Are administered by trained and knowledgeable personnel; and
    • (v) Are administered in accordance with any instructions provided by the producer of the assessments.
    • § 300.306 Determination of eligibility.
    • (b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part—
    • (1) If the determinant factor for that
    • determination is—
    • (iii) Limited English proficiency ;
    • 1. Identify the Problem
    • 2. Get the story straight
    • 3. To what extent is this:
    • - a regulatory issue?
    • -an ethical issue?
    • -workplace issue
    • 4. Consult the Code of Ethics
    • 5. Identify agents in control in the situation
    American Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists
    • 6 . Identify what is in your control and not.
    • 7. Identify your resources
    • 8. Explore alternatives and consequences
    • 9. Craft a plan that is
    • ethically and professionally responsible, defendable and within the requirements of the regulations.
    • 10. Evaluate your actions and
    • adjust your plan as you
    • proceed
    American Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists
  •  
  • Lou Ann Rosario, M.Ed., ATP [email_address] (915) 780-5353
    • American Speech-Language-Hearing Association. (2005). Cultural Competence [Issues in Ethics]. Available from www.asha.org/policy .
    • American Speech-Language-Hearing Association. (2007). Ethics and IDEA: A Guide for Speech-Language Pathologists and Audiologists , Available from www.asha.org/policy .
    • American Speech-Language-Hearing Association. (2003). Code of Ethics [Ethics], from www.asha.org/policy .
    • ASHA Board of Ethics, ASHA 2008 convention
    • From the Director of Ethics David R. Denton, JD, MA, CCC-SLP December 2008 www.asha.org
    • Federal Register Vol. 71 No. 156 August 14, 2006/ Rules and Regulations
    • State Board of Examiners: http://www.dshs.state.tx.us/speech/default.shtm
    • Sherry Sancibrian, Texas Tech University
    • Donise Pearson
    • Gina Holman, ESC Region 12
    • Drawbridge Exercise- Author Unknown