BUSINESS. CONSUMER SERVlCES. AND HOUSING AGENCY • GOVERNOR EDMUND G BROWN JR ceTA T. 0c~ CA: LifaiORN I A SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY& HEARING AID DISPENSERS BOARD 2005 Evergreen Street, Suite 2100, Sacramento, CA 95815 I Phone: (916) 263-2666 Fax: (916) 263-2668 www.speechandhearing.ca.gov DEPARTMENT OF CONSUMER AFFAIRS BOARD MEETING NOTICE AND AGENDA Department of Consumer Affairs 2005 Evergreen Street, "Hearing Room" Sacramento, CA 95815 (916) 263-2666 June 19, 2015- 9:00a.m.-5:00p.m. (or until completion of business) (Alison Grimes, Board Chair-Dispensing Audiologist; Rodney Diaz-Otolaryngologist; Patti Solomon-Rice, Vice Chair-Speech-Language Pathologist; Dee Parker-Speech-Language Pathologist; Debbie Snow-Public Member; Jaime Lee-Public Member; Deane Manning-Hearing Aid Dispenser; Amnon Shalev-Hearing Aid Dispenser; Marcia Raggio-Dispensing Audiologist) 1. Call to Order I Roll Call I Establishment of Quorum 2. Public Comment for Items not on the Agenda 3. Approval of the March 11, 2015 Board Meeting Minutes 4. Consideration of Recommendations of Ad Hoc Committee regarding English-Language Competency and Foreign-Trained Applicants 5. Consideration of Recommendations of Ad Hoc Committee regarding Speech-Language Pathology Assistant Supervision Requirements and Audits 6. Update and Possible Action on Process Issues and Delays with California Children's Services 7. Update on Status ofRequest to the FDA for Exemption from Pre-Emption of Requirements -Mail Order and Catalog Hearing Aid Sales 8. Discussion and Possible Recommendation for an Increase in the Number of Self-Study Hours for Continuing Education 9. Proposed Regulations - Discussion and Possible Action a. Title 16, CCR, Sections 1399.152, 1399.153, 1399.170, 1399.170.4, 1399.170.6, 1399.170.10, 1399.170.11, 1399.170.15 -Speech-Language Pathology Assistant/Supervised Clinical Experience b. Title 16, CCR, Sections 1399.154.1-1399.154.8- Speech-Language Pathology or Audiology Aides c. Title 16, CCR, Section 1399.157 -Speech-Language Pathology and Audiology Fees d. Title 16, CCR, Section 1399.129- Hearing Aid Dispenser Examination and Licensing Fees e. Title 16 CCR, Division 13.3 - Hearing Aid Dispensers -Non-substantive, Technical Changes f. Title 16 CCR, Division 13.4- Speech-Language Pathology and Audiology - Non-substantive, Technical Changes 10. Executive Officer's Report a. Administration Update b. Budget Report c. Licensing Report d. Practical Examination Report e. Enforcement Report 11. Review and Approval ofProposed Board Manual 12. Legislation Update, Review, and Possible Action a. AB 12 (Cooley) State Government: Administrative Regulations: Review b. AB 85 (Wilk) Open Meetings c. AB 259 (Dababneh) Personal Information: Privacy d. AB 333 (Melendez) Healing Arts: Continuing Education e. AB 483 (Patterson) Healing Arts: Initial License Fees: Proration f. AB 507 (Olsen) Department of Consumer Affairs: BreEZe System: Annual Report g. AB 750 (Low) Business and Professions: Licenses h. AB 964 (Chau) Civil Law: Privacy 1. AB 1060 (Bonilla) Professions and Vocations: Licensure J. SB 570 (Jackson) Personal Information: Privacy: Breach k. SB 467 (Hill) Professions and Vocations 13. Election of Board Officers 14. Discussion of Executive Officer Evaluation Process 15. Future Agenda Items and Future Board Meeting Dates a. August 20-21, 2015- San Francisco b. November 5-6, 2015- San Diego c. February 4-5, 2016- Sacramento d. May 11-12, 2016 (Location to be determined) Closed Session 16. Pursuant to Government Code Section 11126 (c) (3), the Board will Meet in Closed Session to Deliberate on Disciplinary Matters Return to Open Session 17. Adjournment Agendas and materials can be found on the Board's website atwww.speechandhearing.ca.gov. Action may be taken on any item on the Agenda. The time and order of agenda items are subject to change at the discretion of the Board Chair and may be taken out of order. In accordance with the Bagley-Keene Open Meeting Act, all meetings of the Board are open to the public. The Board plans to webcast this meeting on its website at https:l/thedcapage. wordpress.comlwebcastsl. Webcast availability cannot, however, be guaranteed due to limited resources. The meeting will not be cancelled if webcast is not available. If you wish to participate or to have a guaranteed opportunity to observe, please plan to attend at a physical location. Adjournment, if it is the only item that occurs after a closed session, may not be webcast. The meeting facility is accessible to persons with a disability. Any person who needs a disability-related accommodation or modification in order to participate in the meeting may make a request by contacting the Board office at (916) 263-2666 or making a written request to Breanne Humphreys, Board Operations Manager, 2005 Evergreen Street, Suite 2100, Sacramento, California 95815. Providing your request at /east five (5) business days before the meeting will help ensure availability of the requested accommodation. ceTA TK 01c11 CA: L IIaIORN I A BUSINESS. CONSUMER SERVICES. AND HOUSING AGENCY • GOVERNOR EDMUND G BROW N JR SPEECH-LANGUAGE PATHOLOGY & AUDIOLOGY& HEARING AID DISPENSERS BOARD DEPARTMENT DF CONSUMER AFFAIRS 2005 EVERGREEN STREET, SUITE 2100, SACRAMENTO, CA 95815 PHONE (916) 263-2666 FAX (916) 263-2668 WWW.SPEECHANDHEARING.CA.GOV MEETING MINUTES- DRAFT Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board March 11, 2015 Sacramento, CA I. Call to Order Alison Grimes, Board Chair, called the Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board meeting to order at 9:45a.m. Ms. Grimes called roll; nine members of the Board were present and thus a quorum was established. Board Members Present Alison Grimes, Board Chair Patti Solomon-Rice, Vice Chair Rodney Diaz, MD, Public Board Member Jaime Lee, Public Board Member Deane Manning, Board Member Marcia Raggio, Board Member Dee Parker, Board Member Amnon Shalev, Board Member Debbie Snow, Public Board Member Staff Present Paul Sanchez, Executive Officer Lou Galiano, DCA Web Cast Breanne Humphries, Program Manager Sabina Knight, Legal Counsel Anita Joseph, Enforcement Coordinator Karen Robison, Enforcement Analyst Guests Present Sean O'Conner, Department of Consumer Affairs, Division Program and Policy Review Becky Bingea, California Academy of Audiology (CAA) Vanessa Cajina, KP Public Affairs for Hearing Healthcare Providers (HHP) Bryce Docherty, HHP Linda Gifford Jean Jackson, EBS Healthcare Jan Jones Wadsworth Heidi Lincer-Hill, Office ofProfessional Examination Services (OPES) Marcus McArthur, Department of Consumer Affairs, Executive Office Karen Munoz, Department of Consumer Affairs, Budget Office Carol Murphy Board Meeting Minutes -Draft March 11, 2015 Page 2 Randy Sager, HHP Dave Valerio Dennis VanVliet, CAA Raul Villanueva, OPES Dennis Zanchi, SOLID, Training Solutions Deane Manning, Hearing Aid Dispenser, and Marcia Raggio, Audiologist, were sworn in by Ms. Grimes to a new term as Board members. II. Review and Approval of the November 7, 2014 Board Meeting Minutes M/S/C-Solomon-Rice/Parker • Approved the November 7, 2014, Board Meeting Minutes as amended. The motion carried 8-0 with Dr. Diaz abstaining. III. Discussion/Possible Action on Testing or Increasing Standards for Foreign - Trained Speech Pathology Candidates Patti Solomon-Rice gave a brief overview of the report on foreign - trained applicants. A. Background/Historical Report Ms. Murphy read a letter submitted by Speech-Language Pathologists (SLP) from the West Contra Costa Unified School District to the Board, dated June 2007 about their concerns regarding English language proficiency and qualifications of foreign - trained SLP's. Ms. Murphy reported on the different English language proficiency exams such as the International English Language Testing System (ILETS) and Test of English for International Communication (TOEIC); including the standardization of the exams, security measures taken to ensure their examinations are not compromised, and what other countries and/or departments use each examination. Ms. Murphy recommended the Board use the ILETS, standardized by Cambridge University, as the English Language Competency ofForeign-Trained Speech-Language Pathology examination. B. Report on Testing for English Language Competency ofForeign-Trained Speech-Language Pathology Candidates Mr. Villanueva began by giving an overview of OPES' s mission and purpose. Mr. Villanueva gave a presentation that highlighted the licensure exam requirements, the accepted professional standards and the current evaluation methods. He then reported on the conclusion OPES came to after they evaluated the ILETS English proficiency examination. Discussion ensued among the Board and guests about what level of English proficiency is needed to ensure those working with children do not inhibit their becoming proficient in the English language. Topics that were discussed were graduate programs not accepting those who lack proficiency in English, matching proficiency standards to a specific job, English communication problems being Board Meeting Minutes -Draft March 11, 2015 Page 3 addressed by the supervisor during the Required Professional Experience (RPE) evaluation and that the English language proficiency standard should be set high enough to protect the public but not so it is too limiting. In addition, referring to the Commission on Teacher Credentialing and their special education programs, determine what the language development needs and expectations in school age children are and including audiologists in English language proficiency were included in the discussion. M/S/C Grimes/Solomon-Rice • Ms. Grimes requested Ms. Parker and Ms. Solomon-Rice work on proficiency examination requirements for English Language Competency of Foreign-Trained Speech-Language Pathology Candidates. The motion carried 9-0 IV. Update on California Commission on Teacher Credentialing (CTC) Speech-Language Pathologist Variable Term Waiver (VTW) Ms. Solomon-Rice informed the Board the CTC met on January 9, 2015 and February 13, 2015. The CTC addressed reissuance amendments to the VTW for Speech-Language Pathology Assistants (SLP A) such as approving reissuance as long as the SLP A is in an accredited graduate program. An update from CTC on the February meeting was requested however; the Board had not received a response. V. Ad Hoc Committee Report on Auditing the Supervision of Speech-Language Pathology Assistants Ms. Parker reported that audits are needed in order to reduce the occurrence of SLP A' s performing services outside their scope of practice. California Speech Hearing Association (CASHA) volunteered to help with guidelines and work with the Board on school problems. It was noted that the Board has jurisdiction over licensed SLP's and SLPA's in school settings. Ms. Parker and Ms. Snow will be working jointly with CASHA on this issue in order to educate school districts. VI. Executive Officer and Board Staff Reports A. Administration 1. Personnel Mr. Sanchez informed the Board that Breanne Humphreys has been able to keep the office running, although the Board recently lost two staff members to retirement, by finding creative ways to acquire temporary staff. Mr. Sanchez acknowledged Lisa Snelling, seasonal clerk, for the great work she has been doing handling the receptionist duties at the Board. In addition, he informed the Board of the hiring ofNguyet Pham to fill the Office Technician position vacated by Tim Yang. Board Meeting Minutes -Draft March 11, 2015 Page 4 2. Staffing The Board is working on a contract with CPR-HR Consulting to analyze and evaluate the Board's workload to determine if staffing is adequate for the oversight of over 20,000 licensees. It was noted that the Board can increase staff if the Department of Finance (DOF) approves the funding. Mr. Sanchez has been looking into larger office space to accommodate future growth. B. BreEZe Update Mr. O'Connor gave an overview of the BreEZe system and how it will replace the Legacy systems currently in use. DCA learned lessons from the Phase 1 release in 2013 and came to the same findings as the Legislature did. At this time BreEZe Phase 3 transition, which SLP AHAD is a part of, is on hold. The estimated Phase 3 transition date is 2018, however; DCA will have a better timeline closer to the Phase 2 transition. Mr. Sanchez informed the Board that the conversion to BreEZe takes quite a bit of staff time and that putting the transition on hold was beneficial. However; the investment of staff and time the Board puts into the front end of the project will benefit the end product. C. Budget 1. Proposed Fee Increase Ms. Munoz and Mr. de los Reyes from the DCA Budget Office explained the budget fund condition. They spoke about the target reserve amount, how increasing fees affects the fund, and maintaining solvency within the Board. The Board discussed raising fees, the time frame of when the fee increase should be implemented, and Mr. Sanchez noted that licensees are typically supportive when fee increases were discussed. M/S/C-Manning/Grimes • Delegate staff to work on regulatory language for fee increases, staff increases and revenue increases. The motion carried 9-0. D. Enforcement/Licensing/Examinations Mr. Sanchez informed the Board that enforcement staff recently attended the Enforcement Training Academy conducted by SOLID. In addition, he updated the Board on the disciplinary actions and the probation monitoring staff is handling. Application processing times have dropped over the past few weeks. This has been accomplished by implementing changes in procedures and staff. These changes included borrowing staff, application processmg changes, supporting documentation tracking changes and transcript acceptance procedures. It was noted that the practical examination pass/fail rate statistics seemed inconsistent. Mr. Sanchez stated the experience of the examinees at a particular examination will drive the statistics. Board Meeting Minutes -Draft March 11, 2015 Page 5 The Board has published a law book and the public can purchase it through the link on our website. The law book has three main sections, Statutes, Regulations and Related Laws. E. Update on Proposed Regulation Packages Ms. Robison updated the Board on the status of the proposed regulation packages. F. Update on Hearing Aid Dispensers Practical Examination VII. Discussion on Upcoming Strategic Planning Mr. Zanchi presented an overview of the service SOLID will provide to assist the Board during their strategic planning session. Mr. Zanchi noted the process has changed from the service SOLID provided in the past. Strategic Planning is set for August 20-21, 2015, in San Francisco. VIII. Legislation Update A. Discussion on the Recent Changes to the Song-Beverly Act Discussion among the Board about the recent changes to the Song-Beverly Act centered on the wording "warranty" instead of "right to return" and tolling time. Confusion between Song-Beverly warranty and manufacturer warranty ensued. Ms. Knight noted that "seller" means the "sellers warranty" and "under this section" refers to the "tolling section". Ms. Knight informed the Board this section of law is a statute. HHP reported the intent of the law was to protect the hearing aid seller and purchaser but not infringe on the manufacturers responsibility and that the sellers warranty responsibility is limited to forty-five (4 5) days. IX. Review/Discussion/Possible Action on the Proposed Regulatory Amendments for Audiology Aide Supervision Standards and Practice Limitations (16 CCR 1399.154-1399.154.4) The Board discussed the changes made to the proposed regulatory amendments for Audiology Aide Supervision Standards and Practice Limitations. The Board was informed the language used to list the tasks Aids could perform however; the thought of the Board in 2010 was to list what tasks are outside the scope of practice. It was pointed out that a section of the proposed language conflicted with existing law and has been removed. M/S/C Raggio/Grimes • Delegate to the EO to make any technical and non-substantive changes to the proposed language and move forward with the rulemaking package. X. Public Comment on Items Not on the Agenda Board Meeting Minutes -Draft March 11, 2015 Page 6 It is reported that there are issues with Child Care Services (CCS) and audiology access for children. The CAA has expressed concerns and requests a letter of recommendation. Mr. Sanchez noted letters have been written in the past. XI. Agenda Items and Future Board Meetings Dates A. Agenda Items for Next Meeting Items to be included on the next Board meeting agenda are the issues with CCS, Foreign Educated SLP's, SLPA work tasks, and increasing self-study hours. B. Board Calendar Dates for future Board meetings were set through May 2016. XII. Discussion and Information on Public Notification of Enforcement and Disciplinary Actions A. Information on Role of Disciplinary Guidelines in Enforcement Actions CLOSED SESSION XIII. Pursuant to Government Code Section 11126 (c) (3), the Board will Meet in Closed Session to Deliberate on Disciplinary Matters ll-201 3-73 Stipulated Settlement - Adopted RETURN TO OPEN SESSION XIV. Adjournment The Board meeting adjourned at 4:30p.m.