ARC 7828C
PROFESSIONAL LICENSURE DIVISION[645]
Adopted and Filed
Rulemaking related to discipline for speech pathologists
The Board of Speech Pathology and Audiology hereby rescinds Chapter 304, “Discipline for Speech Pathologists and Audiologists,” Iowa Administrative Code, and adopts a new chapter with the same title.
Legal Authority for Rulemaking
This rulemaking is adopted under the authority provided in Iowa Code chapters 154F, 272C, 147, and 17A.
State or Federal Law Implemented
This rulemaking implements, in whole or in part, Iowa Code chapters 154F, 272C, 147, and 17A.
Purpose and Summary
This rule provides protection to Iowans because it publicly defines disciplinary options when a speech pathologist or audiologist fails to provide the standard of care. This is important to both the public and to the licensee because it creates a shared understanding of what is and is not appropriate for certain types of licensed individuals in the state of Iowa. When professional standards are not met,  it can subject a licensee to discipline against a licensee’s license. Iowans have the ability to submit a complaint to the Board, which can then investigate the allegation. The Board has the ability to seek discipline against the licensee for those items outlined, ensuring that the public is protected.
The 19 boards in the legacy Health and Human Services Bureau of Professional Licensure have similar disciplinary standards for all professions. For this reason, one shared disciplinary chapter has been created that applies to all professions. This chapter contains only those disciplinary grounds that are unique to the speech pathologist and audiologist professions and are therefore excluded from the general disciplinary chapter. The grounds for discipline required in this rule are related to unethical conduct and are required by Iowa Code chapter 154F.
Public Comment and Changes to Rulemaking
Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on January 10, 2024, as ARC 7471C. Public hearings were held virtually and in person on January 30 and 31, 2024, at 11:10 a.m.	at 6200 Park Avenue, Des Moines, Iowa. No one attended the public hearings. No public comments were received. No changes from the Notice have been made.
Adoption of Rulemaking
This rulemaking was adopted by the Board on February 27, 2024.
Fiscal Impact
This rulemaking has no fiscal impact to the State of Iowa.
Jobs Impact
After analysis and review of this rulemaking, no impact on jobs has been found.
Waivers
Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 481—Chapter 6.
Review by Administrative Rules Review Committee
The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).
Effective Date
This rulemaking will become effective on May 22, 2024.
The following rulemaking action is adopted:
	Item 1. Rescind 645—Chapter 304 and adopt the following new chapter in lieu thereof:
CHAPTER 304
DISCIPLINE FOR SPEECH PATHOLOGISTS AND AUDIOLOGISTS
645—304.1(272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in rule 645—13.3(272C) when the board determines that the licensee is guilty of any of the following acts or offenses or those listed in rule 645—Chapter 13.
	304.1(1) Violation of the following code of ethics:
	a. 	Licensees will provide ethical, professional services, conduct research with honesty and compassion, and respect the dignity, worth and rights of those served.
	b. 	Claims of expected clinical results will be based upon sound evidence and shall accurately convey the probability and degree of expected improvement.
	c. 	Records will be adequately maintained for the period of time required by applicable state and federal laws.
	d. 	Persons served professionally or the files of such persons will be used for teaching or research purposes only after obtaining informed consent from those persons or from the legal guardians of such persons.
	e. 	Information of a personal or professional nature obtained from persons served professionally will be released only to individuals authorized by the persons receiving professional service or to those individuals to whom release is required by law.
	f. 	Licensees who engage in research will comply with all institutional, state, and federal regulations that address any aspects of research, including those that involve human participants and animals, such as those promulgated in the current Responsible Conduct of Research by the U.S. Office of Research Integrity.
	g. 	Individuals in administrative or supervisory roles will not require or permit their professional staff to provide services or conduct clinical activities that compromise the staff members’ independent and objective professional judgment.
	h. 	Relationships between professionals and between a professional and a client shall be based on high personal regard and mutual respect without concern for race, religious preference, sex, age, ethnicity, gender identity/gender expression, sexual orientation, national origin, disability, culture, language or dialect.
	i. 	Referral of clients for additional services or evaluation and recommendation of sources for purchasing appliances will be without any consideration for financial or material gain to the licensee making the referral or recommendation for purchase.
	j. 	Licensees who dispense products to persons served professionally will provide clients with freedom of choice for the source of services and products.
	k. 	Failure to comply with current Food and Drug Administration regulations 21 CFR §801.420 (2022), “Hearing aid devices; professional and patient labeling,” and 21 CFR §801.421 (2022), “Hearing aid devices; conditions for sale.”
	l. 	Licensees will comply with universal newborn and infant hearing screening requirements within Iowa Code section 135.131 and 641—Chapter 3.
	304.1(2) Reserved.
This rule is intended to implement Iowa Code chapters 147 and 272C.
[Filed 3/28/24, effective 5/22/24]
[Published 4/17/24]
Editor’s Note: For replacement pages for IAC, see IAC Supplement 4/17/24.