North Carolina Administrative Code

21 NCAC 64 .0220 STANDARDS FOR AUDIOLOGISTS WHO DISPENSE HEARING AIDS A licensed Audiologist who fits and dispenses hearing aids must: (1) Comply with 21 Code of Federal Regulations, Subpart H 801.420 and 801.421, in effect as of March 9, 2012 that are hereby incorporated by refe…

SECTION .0300 - CODE OF ETHICS 21 NCAC 64 .0301 PREAMBLE The fundamental rules of ethical conduct are described in two categories: (1) Principles of Ethics. Five principles serve as a basis for the ethical evaluation of professional conduct and form the underlying moral basis for…

21 NCAC 64 .0302 PRINCIPLE OF ETHICS I (a) Licensees shall hold paramount the welfare of persons served professionally. (1) Licensees shall use every resource available, including referral to other specialists as needed, to provide the best service possible. (2) Licensees shall f…

21 NCAC 64 .0303 PRINCIPLE OF ETHICS II The licensee must guard against conflicts of professional interest. (1) He must not accept compensation in any form from a manufacturer or a dealer in prosthetic or other devices for recommending any particular product. (2) Public statement…

21 NCAC 64 .0304 PRINCIPLE OF ETHICS III Licensees' statements to persons served professionally and to the public shall provide accurate information about the nature and management of communicative disorders, and about the profession and services rendered by its practitioners. (1…

21 NCAC 64 .0305 PRINCIPLE OF ETHICS IV (a) Licensees shall maintain objectivity in all matters concerning the welfare of persons served professionally. (1) Products associated with professional practice must be dispensed to the person served as a part of a program of comprehensi…

21 NCAC 64 .0306 PRINCIPLE OF ETHICS V (a) Licensees shall report the violations of this Code of Ethics of which they have knowledge or information. (b) Licensees shall cooperate fully with Board inquiries into matters of professional conduct related to this Code of Ethics. Histo…

21 NCAC 64 .0307 GOOD MORAL CONDUCT In addition to the Proscriptions in this Section, licensees shall engage in good moral conduct under all conditions of professional activity. "Good moral conduct" shall be defined as conduct in keeping with the Code of Ethics of American Speech…

SECTION .0400 - PETITIONS FOR RULES 21 NCAC 64 .0401 PETITION FOR RULEMAKING HEARINGS Any individual wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall address a petition to: Board of Examiners for Speech and Language Pathologis…

21 NCAC 64 .0402 CONTENTS OF PETITION The petition should include the following information: (1) an indication of the subject area to which the petition is directed (for example, "This is a petition to hold a rulemaking hearing to amend Rule .0000 pertaining to Administrative Pro…

21 NCAC 64 .0403 DISPOSITION OF PETITIONS (a) Prior to determining whether to grant or deny a rulemaking petition, the Board may request additional information from the petitioner; it may contact interested individuals or individuals likely to be affected by the proposed rule cha…

SECTION .0500 - NOTICE 21 NCAC 64 .0501 TIMING OF NOTICE Upon a determination to hold a rulemaking proceeding, either in response to a petition or otherwise, the Board will give at least 30 days notice to all interested individuals of a public hearing on the proposed rule. Histor…

21 NCAC 64 .0502 NOTICE MAILING LIST Any individual or agency desiring to be placed on the mailing list of the Board for rulemaking notices may file such request in writing, furnishing his, her or its name and mailing address to: Board of Examiners for Speech and Language Patholo…

21 NCAC 64 .0503 ADDITIONAL INFORMATION History Notes: Authority G.S. 90-304(3); 150B-12; Eff. February 15, 1977; Amended Eff. December 1, 2013; May 1, 1989; December 7, 1978; Expired Eff. November 1, 2016 pursuant to G.S. 150B-21.3A.

SECTION .0600 - PARTICIPATION: POWERS AND RECORDS 21 NCAC 64 .0601 REQUEST TO PARTICIPATE Any individual desiring to present oral data, views, or arguments at a rulemaking hearing must, at least five days prior to the hearing, file a notice with the office of the Board. Notice of…

21 NCAC 64 .0602 CONTENTS OF REQUEST: GENERAL TIME LIMITATIONS A request to make an oral presentation should contain a clear reference to the proposed rule, a brief summary of the individual's views in respect thereto, and how long the individual desires to speak. Presentations s…

21 NCAC 64 .0603 RECEIPT OF REQUEST: SPECIFIC TIME LIMITS Upon receipt of notice of a person's desire to present his views orally, the Board will acknowledge receipt of the request and inform the person of the imposition of any limitations other than those prescribed in Rule .060…

21 NCAC 64 .0604 WRITTEN SUBMISSIONS (a) The first page of any written submission shall identify the rulemaking proceeding or proposed rule to which the comments are addressed and a statement of the position of the person making the submission (for example, "in support of adoptin…

21 NCAC 64 .0605 PRESIDING OFFICER: POWERS AND DUTIES The presiding officer at the hearing shall have complete control of the proceedings, including: extensions of any time limitations, recognition of speakers, time allotments for presentations, the right to question speakers, di…

21 NCAC 64 .0606 RECORD OF PROCEEDINGS History Note: Authority G.S. 150A-16; 90-304(3); Eff. February 15, 1977; Repealed Eff. May 1, 1989.

SECTION .0700 - REQUEST FOR RULINGS 21 NCAC 64 .0701 SUBJECTS OF DECLARATORY RULINGS Any individual or agency substantially affected by a statute administered or rule promulgated by the Board may request a declaratory ruling as to either the manner in which a statute or rule appl…

21 NCAC 64 .0702 SUBMISSION OF REQUEST FOR RULING All requests for declaratory rulings shall be written and mailed to the Board of Examiners for Speech and Language Pathologists and Audiologists, P.O. Box 16885, Greensboro, North Carolina, 27416-0885. The request must include the…

21 NCAC 64 .0703 DISPOSITION OF REQUESTS (a) When the Board deems it appropriate to issue a declaratory ruling it shall issue such declaratory ruling within 60 days of receipt of the request. (b) A declaratory ruling proceeding may consist of written submissions, an oral hearing,…

21 NCAC 64 .0704 RECORD OF DECISION A record of all declaratory ruling proceedings will be maintained in the Board's Office for as long as the ruling is in effect and for five years thereafter. This record will contain: the petition, the notice, all written submissions filed in t…

21 NCAC 64 .0705 DEFINITION For purposes of Rule .0704 of this Chapter, a declaratory ruling shall be deemed to be "in effect" until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until any court sets aside the ruling in litigation betw…

SECTION .0800 - HEARINGS 21 NCAC 64 .0801 RIGHT TO HEARING When the Board, by its official action, acts or proposes to act in a manner which will affect the rights, duties, or privileges of a licensee or another specific, identifiable individual or agency, that individual or agen…

21 NCAC 64 .0802 REQUEST FOR HEARING (a) Whenever an individual or agency believes any right, duty or privilege of a licensee, individual or agency has been affected by the Board's administrative action, but has not received notice of a right to an administrative hearing, that in…

21 NCAC 64 .0803 GRANTING OR DENYING HEARING REQUESTS (a) The Board shall grant a request for a hearing, unless the Board determines that the request does not describe or state a contested case. (b) A denial of a request for a hearing will be issued immediately upon decision, and…

21 NCAC 64 .0804 NOTICE OF HEARING In addition to the items specified in General Statute 150B-38 to be included in the notice, notices of administrative hearings of the Board: (1) shall give the name, position, address, and telephone number of an individual in the office of the B…

21 NCAC 64 .0805 WHO SHALL HEAR CONTESTED CASES All administrative hearings will be heard by the Board or an administrative law judge. History Note: Authority G.S. 150B-40(b); 90-304(a)(3); Eff. February 15, 1977; Amended Eff. May 1, 1989; Pursuant to G.S. 150B-21.3A, rule is nec…

21 NCAC 64 .0806 DISQUALIFICATION OF HEARING OFFICERS History Note: Authority G.S. 150A-16; 90-304(3); Eff. February 15, 1977; Repealed Eff. May 1, 1989.

SECTION .0900 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES 21 NCAC 64 .0901 FAILURE TO APPEAR (a) Should a party fail to appear at a scheduled hearing, the Board or its designated administrative law judge may proceed with the hearing in the party's absence,…

21 NCAC 64 .0902 SIMPLIFICATION OF ISSUES The parties to a contested case, specifically including the Board, may agree in advance to simplify the hearing by: decreasing the number of the issues to be contested at the hearing; accepting the validity of certain proposed evidence; a…

21 NCAC 64 .0903 SUBPOENAS (a) Subpoenas requiring the attendance of witnesses, or those to produce documents, evidence, or records shall be issued by the Board or the presiding officer within four business days of the receipt of a request from a party to the case for such subpoe…

21 NCAC 64 .0904 FINAL DECISIONS IN ADMINISTRATIVE HEARINGS The Board will issue the final decision in all contested cases. Its decision is the prerequisite final agency decision necessary for the right of judicial review. History Note: Authority G.S. 90-304(a)(3); 150B-38(h); 15…

21 NCAC 64 .0905 PROPOSALS FOR DECISIONS (a) After the administrative law judge has given the parties the opportunity to submit proposed findings of fact and conclusions of law, he will consider such proposals and issue a recommendation for decision which will be served on the pa…

SECTION .1000 - REQUIREMENTS FOR THE USE OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS IN DIRECT SERVICE DELIVERY IN NORTH CAROLINA 21 NCAC 64 .1001 DEFINITIONS (a) "Board" means the North Carolina Board of Examiners for Speech and Language Pathologists and Audiologists. (b) "Licensee"…

21 NCAC 64 .1002 GENERAL REQUIREMENTS (a) For registration, Assistants must present: (1) evidence of successful completion of an Associate's Degree in Speech-Language Pathology Assisting from an accredited institution of higher learning, community college, or equivalent program; …

21 NCAC 64 .1003 LICENSEE REQUIREMENTS (a) Licensees who register an Assistant must have held a current, permanent license in North Carolina for two years or equivalent qualifications from another state. Temporary license holders shall not register Assistants. (b) Licensees who r…

21 NCAC 64 .1004 AUTHORIZED TASKS OF SPEECH-LANGUAGE PATHOLOGY ASSISTANTS (a) Direct Patient Services: (1) Obtaining case histories from patients and/or families and completing observation checklists. (2) Administering speech-language screening protocols, as directed by the super…

21 NCAC 64 .1005 SUPERVISION AND CONTINUING COMPETENCE REQUIREMENTS Discussing job expectations with the supervising speech-language pathologist(s) and having mutual understanding of job scope and specific responsibilities. (1) Participating in a specified amount of supervised tr…

SECTION .1100 - REQUIREMENTS FOR THE USE OF audiology ASSISTANTS IN DIRECT SERVICE DELIVERY 21 NCAC 64 .1101 DEFINITIONS (a) "Assistant" means an Audiology Assistant who is registered by a Primary Supervising Licensee with the Board. (b) "Board" means the North Carolina Board of …

21 NCAC 64 .1102 GENERAL REQUIREMENTS (a) For registration, Assistants must present: (1) Evidence of high school diploma or equivalent; and (2) A letter of certification of the Assistant's competency provided by a supervising audiologist that attests to one of the following: (A) …

21 NCAC 64 .1103 LICENSEE REQUIREMENTS (a) Licensees who register an Assistant shall be licensed in North Carolina, or hold equivalent qualifications from another state, for the previous two years prior to registering an Assistant with the Board. Temporary license holders shall n…

21 NCAC 64 .1104 AUTHORIZED TASKS OF AUDIOLOGY ASSISTANTS (a) An audiology assistant may engage in the following direct patient services: (1) Obtaining partial or selected case history information from patients and families; (2) Administering audiologic screening protocols, as di…

21 NCAC 64 .1105 SUPERVISION AND CONTINUING COMPETENCE REQUIREMENTS Following registration by a supervising audiologist, a registered assistant shall: (1) discuss job expectations with the supervising audiologist(s) in order to have a mutual understanding of job scope and respons…

21 ncac 65 .0104 academic - trs examination History Note: Authority G.S. 90C-6; 150B-21.6; Eff. February 1, 1994; Amended Eff. October 1, 1994; Repealed Eff. December 1, 2006.

21 ncac 65 .0107 certificate renewals History Note: Authority G.S. 90C-6; 90C-9c(4); 90C-11; Eff. January 1, 1995; Repealed Eff. December 1, 2006.

21 NCAC 65 .0108 revocation and other sanctions History Note: Authority G.S. 90C-14(2)(3); Eff. January 1, 1994; Repealed Eff. December 1, 2006.

section .0200 – requirEments for practice 21 NCAC 65 .0201 RECREATIONAL THERAPY STANDARDS OF PRACTICE History Note: Authority G.S. 90C 22(2)(3); Temporary Adoption Eff. December 1, 2005; Temporary Adoption Expired September 11, 2006.