underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SENATE BILL 502
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Larry R. Scott
AN ACT
RELATING TO PROFESSIONAL LICENSURE; CREATING A NEW LICENSE FOR
SPEECH-LANGUAGE PATHOLOGY ASSISTANTS; REPEALING THE APPRENTICE
IN SPEECH AND LANGUAGE LICENSE; REPEALING SECTIONS 61-14B-3.1
AND 61-14B-15.1 NMSA 1978 (BEING LAWS 1999, CHAPTER 128,
SECTIONS 3 AND 8, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-14B-2 NMSA 1978 (being Laws 1996,
Chapter 57, Section 2, as amended) is amended to read:
"61-14B-2. DEFINITIONS.--As used in the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act:
[A. "apprentice" means a person working toward full
licensure in speech-language pathology who meets the
requirements for licensure as an apprentice in speech and
language pursuant to the Speech-Language Pathology, Audiology
.229794.1 underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
and Hearing Aid Dispensing Practices Act;
B.] A. "appropriate supervisor" means a person
licensed pursuant to the provisions of the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act
who has a minimum of two years' experience as a speech-language
pathologist after the clinical fellowship year;
[C.] B. "auditory trainer" means a custom-fitted FM
amplifying instrument other than a hearing aid designed to
enhance signal-to-noise ratios;
[D.] C. "audiologist" means a person who engages in
the practice of audiology, who may or may not dispense hearing
aids and who meets the qualifications set forth in the Speech-
Language Pathology, Audiology and Hearing Aid Dispensing
Practices Act;
[E.] D. "bilingual-multicultural endorsement" means
an endorsement that is issued pursuant to the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act
to a qualified speech-language pathologist and that recognizes
the licensee's or applicant's demonstrated proficiency in the
use of languages other than English to provide speech-language
pathology services;
[F.] E. "board" means the speech-language
pathology, audiology and hearing aid dispensing practices
board;
[G.] F. "business location" means a permanent
.229794.1
- 2 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
physical business location in New Mexico where records can be
examined and process served;
[H.] G. "certification by a national professional
association" means certification issued by a board-approved
national speech-language or hearing association;
[I.] H. "clinical fellow" means a person who has
completed all academic course work and practicum requirements
for a master's degree or the equivalent in speech-language
pathology and engages in the practice of speech-language
pathology as set forth in the provisions of the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act;
[J.] I. "clinical fellowship year" or "CFY" means
the time following the completion of all academic course work
and practicum requirements for a master's degree in speech-
language pathology and during which a clinical fellow is
working toward certification by a national professional
association;
[K.] J. "department" means the regulation and
licensing department;
K. "direct contact" means a level of supervision in
which a supervisor is able to provide immediate feedback to a
person that the supervisor is supervising;
L. "hearing aid" means a wearable instrument or
device designed or offered for the purpose of aiding or
compensating for impaired human hearing and any parts,
.229794.1
- 3 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
attachments or accessories, including earmolds but excluding
batteries and cords;
M. "hearing aid dispenser" means a person other
than an audiologist or an otolaryngologist who is licensed to
sell, fit and service hearing aids pursuant to the Speech-
Language Pathology, Audiology and Hearing Aid Dispensing
Practices Act and maintains or occupies a permanent physical
business location in New Mexico where records can be examined
and process can be served;
N. "otolaryngologist" means a licensed physician
who has completed a recognized residency in otolaryngology and
is certified by the American board of otolaryngology;
O. "paraprofessional" means a person who provides
adjunct speech-pathology or audiology services under the direct
supervision of a licensed speech-language pathologist or
audiologist;
P. "practice of audiology" means the application of
principles, methods and procedures of measurement, testing,
appraisal, prognostication, aural rehabilitation, aural
habilitation, consultation, hearing aid selection and fitting,
counseling, instruction and research related to hearing and
disorders of hearing for the purpose of nonmedical diagnosis,
prevention, identification, amelioration or the modification of
communicative disorders involving speech, language auditory
function or other aberrant behavior related to hearing
.229794.1
- 4 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
disorders;
Q. "practice of hearing aid dispensing" means the
behavioral measurement of human hearing for the purpose of the
selection and fitting of hearing aids or other rehabilitative
devices to ameliorate the dysfunction of hearing sensitivity;
this may include otoscopic inspection of the ear, fabrication
of ear impressions and earmolds, instruction, consultation and
counseling on the use and care of these instruments, medical
referral when appropriate and the analysis of function and
servicing of these instruments involving their modification or
adjustment;
R. "practice of speech-language pathology" means
the rendering or offering to render to individuals, groups,
organizations or the public any service in speech or language
pathology involving the nonmedical application of principles,
methods and procedures for the measurement, testing, diagnosis,
prognostication, counseling and instruction related to the
development and disorders of communications, speech, fluency,
voice, verbal and written language, auditory comprehension,
cognition, dysphagia, oral pharyngeal or laryngeal sensorimotor
competencies and treatment of persons requiring use of an
augmentative communication device for the purpose of nonmedical
diagnosing, preventing, treating and ameliorating such
disorders and conditions in individuals and groups of
individuals;
.229794.1
- 5 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
S. "repetitive, mechanical or routine tasks" means
tasks that are simple, predictable or rote and do not require
the expertise of a speech-language pathologist to administer.
These activities are essential for maintaining consistency and
effectiveness in therapy services provided by speech-language
pathologists. "Repetitive, mechanical or routine tasks"
includes implementing routine therapy sessions, recording and
documenting data, preparing therapy materials and setting up
clean environments;
[S.] T. "screening" means a pass-fail procedure to
identify individuals who may require further assessment in the
areas of speech-language pathology, audiology or hearing aid
dispensing;
[T.] U. "speech-language pathologist" means a
person who engages in the practice of speech-language pathology
and who meets the qualifications set forth in the Speech-
Language Pathology, Audiology and Hearing Aid Dispensing
Practices Act;
V. "speech-language pathology assistant" means a
person who assists in the practice of speech-language pathology
and meets the qualifications set forth in the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act;
[U.] W. "sponsor" means a licensed hearing aid
dispenser, audiologist or otolaryngologist who has an
endorsement to dispense hearing aids and:
.229794.1
- 6 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(1) is employed in the same business location
where the trainee is being trained; and
(2) has been actively engaged in the
dispensing of hearing aids during three of the past five years;
[V.] X. "student" means a person who is a full- or
part-time student enrolled in an accredited college or
university program in speech-language pathology, audiology or
communicative disorders;
[W.] Y. "supervisor" means a speech-language
pathologist or audiologist licensed pursuant to the provisions
of the Speech-Language Pathology, Audiology and Hearing Aid
Dispensing Practices Act who provides supervision in the area
of speech-language pathology or audiology; and
[X.] Z. "trainee" means a person working toward
full licensure as a hearing aid dispenser under the direct
supervision of a sponsor."
SECTION 2. A new section of the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act,
Section 61-14B-3.3 NMSA 1978, is enacted to read:
"61-14B-3.3. [NEW MATERIAL ] SCOPE OF PRACTICE--SPEECH-
LANGUAGE PATHOLOGY ASSISTANT.--
A. The scope of practice for a speech-language
pathology assistant is to assist a speech-language pathologist
with administrative, clinically related and clinical tasks that
are planned, selected, directed or designed by the speech-
.229794.1
- 7 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
language pathology assistant's appropriate supervisor. The
appropriate supervisor of a speech-language pathology assistant
may delegate to a speech-language pathology assistant certain
repetitive, mechanical or routine tasks that fall within the
scope of the practice of speech-language pathology. The
appropriate supervisor of a speech-language pathology assistant
retains full legal and ethical responsibility for every patient
to whom the speech-language pathology assistant provides
services. The scope of practice for a speech-language
pathology assistant may include:
(1) providing clerical, administrative,
prevention, advocacy and clinically related support to a
supervising speech-language pathologist;
(2) at the discretion of the supervising
speech-language pathologist, assisting with or conducting
speech, language and hearing screenings without providing
clinical interpretation;
(3) documenting a patient's performance and
reporting the information to the supervising speech-language
pathologist;
(4) assisting a supervising speech-language
pathologist in the provision of services to a patient who
speaks a language other than English, if the speech-language
pathology assistant has demonstrated competency in the language
the patient speaks;
.229794.1
- 8 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(5) programming and providing instruction in
the use of augmentative and alternative communication devices;
(6) providing guidance and treatment via
telepractice to students who are selected by an appropriate
supervisor; and
(7) assisting and supporting an appropriate
supervisor during feeding and swallowing evaluations and
treatments.
B. A speech-language pathology assistant shall not:
(1) represent the speech-language pathology
assistant's self as a speech-language pathologist;
(2) disclose clinical or confidential
information either orally or in writing to anyone other than
the supervising speech-language pathologist, unless otherwise
mandated by law;
(3) perform or interpret diagnostic tests,
instrumental dysphagia exams, feeding assessments or swallowing
assessments or strategies;
(4) write, develop or modify a patient's
treatment plan;
(5) provide interpretative information to a
patient or a patient's family regarding the patient's status or
services;
(6) select patients or plan treatment
sessions;
.229794.1
- 9 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
(7) design or select augmentative or
alternative communication systems or devices;
(8) treat medically fragile patients
independently;
(9) discharge a patient from therapy services;
or
(10) make referrals for additional service.
C. The board shall promulgate rules to outline the
types of procedures that a speech-language pathology assistant
may or may not perform under the supervision of an appropriate
supervisor.
D. For the purposes of this section, "medically
fragile patient" means a person who has a chronic physical
condition that results in a prolonged dependency on medical
care for which daily skilled nursing intervention is medically
necessary."
SECTION 3. A new section of the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act,
Section 61-14B-15.2 NMSA 1978, is enacted to read:
"61-14B-15.2. [NEW MATERIAL ] REQUIREMENTS FOR LICENSURE--
SPEECH-LANGUAGE PATHOLOGY ASSISTANT.--A license to practice as
a speech-language pathology assistant shall be issued by the
board to a person who files a completed application, pays the
required fees and submits documentation and evidence to
demonstrate that the person has met either of the following
.229794.1
- 10 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
sets of educational, supervisory and employment requirements:
A. completion:
(1) of a nationally recognized speech-language
pathology assistant educational program that is accredited by a
nationally recognized speech-language-hearing association;
(2) and passage of a nationally recognized
standard examination for speech-language pathology assistant
verification; and
(3) of at least one hundred supervised
clinical hours under the supervision of a certified speech-
language pathologist; or
B. active certification as a speech-language
pathology assistant from a nationally recognized certification
body and proof of passage of a state jurisprudence exam for
speech-language pathology assistants."
SECTION 4. A new section of the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act,
Section 61-14B-15.3 NMSA 1978, is enacted to read:
"61-14B-15.3. [NEW MATERIAL ] SPEECH-LANGUAGE PATHOLOGY
ASSISTANT SUPERVISION REQUIREMENTS.--
A. A speech-language pathology assistant shall be
supervised by an appropriate supervisor who:
(1) has consented in writing to supervise the
speech-language pathology assistant;
(2) is licensed pursuant to the Speech-
.229794.1
- 11 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Language Pathology, Audiology and Hearing Aid Dispensing
Practices Act; and
(3) has completed a minimum of two hours of
board-approved training in clinical instruction and
supervision.
B. An appropriate supervisor shall:
(1) provide supervision to no more than two
full-time or three part-time speech-language pathology
assistants;
(2) be responsible for an entire caseload and
workload. The appropriate supervisor shall ensure that the
speech-language pathology assistant does not have an individual
caseload or workload that is separate from the appropriate
supervisor's;
(3) be present for the first and last contact
with each patient;
(4) provide a level of supervision necessary
for each situation, based on the:
(a) competencies, skills and experience
of the speech-language pathology assistant;
(b) needs of the patient being served;
and
(c) service setting; and
(5) provide direct contact to speech-language
pathology assistants when a speech-language pathology assistant
.229794.1
- 12 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
is providing services to a patient that are not repetitive,
mechanical or routine tasks."
SECTION 5. Section 61-14B-16.1 NMSA 1978 (being Laws
2022, Chapter 39, Section 63) is amended to read:
"61-14B-16.1. EXPEDITED LICENSURE.--
A. The board shall issue an expedited license
without examination to a speech-language pathologist, speech-
language pathology assistant , audiologist or hearing aid
dispenser licensed in another licensing jurisdiction in
accordance with Section 61-1-31.1 NMSA 1978. The board shall
issue the expedited license as soon as practicable but no later
than thirty days after the person files an application with the
required fees and demonstrates that the person holds a valid,
unrestricted license and is in good standing with the licensing
board in the other licensing jurisdiction. If the board issues
an expedited license to a person whose prior licensing
jurisdiction did not require examination, the board may require
the person to pass an examination before license renewal.
B. The board by rule shall determine the states and
territories of the United States and the District of Columbia
from which it will not accept an applicant for expedited
licensure and determine any foreign countries from which it
will accept an applicant for expedited licensure. The board
shall post the lists of disapproved and approved licensing
jurisdictions on its website. The list of disapproved
.229794.1
- 13 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
licensing jurisdictions shall include specific reasons for
disapproval. The lists shall be reviewed annually to determine
if amendments to the rule are warranted."
SECTION 6. Section 61-14B-19 NMSA 1978 (being Laws 1996,
Chapter 57, Section 19, as amended) is amended to read:
"61-14B-19. LICENSE RENEWAL.--
A. Each licensee shall renew the licensee's license
biennially by submitting a renewal application as provided for
in the board's regulations. The board may require proof of
continuing education as a requirement for renewal. The board
may establish a method to provide for staggered biennial terms.
The board may authorize license renewal for one year to
establish the renewal cycle.
B. A sixty-day grace period shall be allowed to
each licensee after each licensing period. A license may be
renewed during the grace period upon payment of a renewal fee
and a late fee as prescribed by the board.
C. Any license not renewed by the end of the grace
period will be considered expired and the licensee shall not be
eligible to practice within the state until the license is
renewed. The board shall develop rules regarding requirements
for renewal of an expired license and may require the licensee
to reapply as a new applicant.
D. Clinical fellow licenses may be renewed annually
for no more than three years; provided the clinical fellow has
.229794.1
- 14 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
submitted evidence of passing a recognized standard national
examination in speech-language pathology prior to or within the
clinical fellow's second year of the CFY. The CFY license
shall not be renewed for a second year without evidence of
passing a recognized standard national examination in speech-
language pathology.
[E. An apprentice in speech-language pathology
shall renew the apprentice's license annually; provided that
the apprentice is accepted into a master's-level program in
speech-language pathology or communicative disorders within two
years of initial licensing.
F.] E. The board may issue rules providing for
inactive status of licenses."
SECTION 7. Section 61-14B-20 NMSA 1978 (being Laws 1996,
Chapter 57, Section 20, as amended) is amended to read:
"61-14B-20. FEES.--Except as provided in Section 61-1-34
NMSA 1978, the board shall establish a schedule of reasonable
fees for applications, licenses, renewal of licenses, exams,
penalties and administrative fees. The license and license
renewal fees shall not exceed:
A. one hundred dollars ($100) for clinical fellows
and [apprentices in speech and language ] speech-language
pathology assistants;
B. two hundred dollars ($200) for audiologists or
speech-language pathologists;
.229794.1
- 15 - underscored material = new
[bracketed material] = delete
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
C. six hundred dollars ($600) for hearing aid
dispensers;
D. four hundred dollars ($400) for examinations;
E. one hundred dollars ($100) for late renewal
fees;
F. four hundred dollars ($400) for hearing aid
dispensing endorsement;
G. five hundred dollars ($500) for a hearing aid
dispenser trainee license, which fee includes examination, both
written and practical;
H. one hundred dollars ($100) for bilingual-
multicultural endorsement; and
I. reasonable administrative fees."
SECTION 8. REPEAL.--Sections 61-14B-3.1 and 61-14B-15.1
NMSA 1978 (being Laws 1999, Chapter 128, Sections 3 and 8, as
amended) are repealed.
- 16 -
.229794.1