Test Your Knowledge of Law and Practice - Answers

  1. Pursuant to Education Law, Article 130 section 6502, in order to practice speech-language pathology or audiology or use a professional title in New York State, a licensee must be registered as well as licensed with the New York State?
    1. Education Department
    2. Health Department
    3. Office of Professional Discipline
    4. Worker's Compensation Board

    a) The New York State Education Department is authorized by law to regulate speech-language pathology and audiology and 43 other licensed professions.

  2. Pursuant to Education Law, Article 130, section 6502, a license shall be valid during the life of the holder unless?
    1. the Board or Regents revokes, annuls or suspends the license
    2. the Education Department files charges against the licensee
    3. the licensee moves without proper notification
    4. the licensee practices less than one day per month

    a) Only the Regents may revoke, annul, or suspend a license (or it is surrendered voluntarily by the licensee).

  3. An audiologist or speech-language pathologist who is re-registering with the State Education Department needs to mail in documentation of his/her completion of continuing competency requirement.?
    1. true
    2. false

    b) Licensees must complete the re-registration form, but should not send in documentation of completion of continuing competency requirements unless they are specifically asked to do so.

  4. Education Law, Article 130, section 6505(a) permits professional associations to make referrals without liability or cause of action for damages. Which one of the following conditions is incorrect regarding that section??
    1. the referral is made to a member of the profession represented by that association
    2. the fee for the referral is considered reasonable
    3. the referral is made without malice
    4. there is reasonable belief the referral is warranted

    b) Education Law does not permit the offering or receiving of any compensation for referrals of patients.

  5. In New York State, a licensed speech-language pathologist may use a "speech assistant" in the provision of speech or language therapy.?
    1. true
    2. false

    b) The use of "speech assistants" in New York State is not legal.

  6. An audiologist who is enrolled in an accredited AuD program may apply his/her college credits toward the continuing competency requirement?
    1. once s/he has graduated
    2. at a rate of one 3-semester hour course equaling 45 continuing competency hours
    3. both a & b
    4. never

    b) An audiologist who is enrolled in an accredited AuD program may count each 3-semester hour course as 45 continuing competency hours. The course to be counted must have been completed in the registration period for which it is being counted. Continuing competency hours cannot be carried over into future registration periods.

  7. To charge an occupational therapist or occupational therapy assistant with professional misconduct in New York State, one must file a formal complaint with the New York State?
    1. Office of the Attorney General
    2. Health Department, Office of Professional Medical Conduct
    3. Education Department, Office of Professional Discipline
    4. Insurance Department

    c) Education Law authorizes the Education Department's Office of the Professional Discipline to investigate and prosecute all complaints of professional misconduct regarding occupational therapists, occupational therapy assistants, and 39 other licensed professionals. Physicians, Physician Assistants, and Specialists Assistants are handled by the Health Department's Office of Professional Medical Conduct.

  8. Audiologists may perform cerumen removal when?
    1. a patient has impacted cerumen and comes to you for its removal
    2. it is necessary to remove the cerumen in order to perform the audiometric examination
    3. both a & b
    4. none of the above

    b) Audiologists may only perform cerumen removal when it is necessary to do so in order to perform audiometric test procedures.

  9. A licensee with a re-registration requirement of 30 continuing competency hours must have 20 hours in a "professional" area.?
    1. true
    2. false

    a) Two-thirds of the total continuing competency requirement must be in "professional" topics. For speech-language pathology, "professional" means speech, voice, language, swallowing and hearing. For audiology, "professional" means speech, hearing and balance.

  10. In New York State, a licensed speech-language pathologist who is bilingual must obtain a bilingual extension of the license in order to perform the following?
    1. bilingual speech-language assessment
    2. bilingual speech-language therapy
    3. audiological screenings
    4. none of the above

    d) New York State does not have a specialty license in Speech-Language Pathology. A bilingual extension is available for the teaching certification of the Teacher of Speech and Hearing Handicapped.

  11. Pursuant to Education Law (Article 130, section 6509) any licensee found guilty of refusing to provide professional services to a person because of such person's race, creed, color or national origin has committed?
    1. a violation of the legal scope of practice
    2. fraudulent advertising
    3. professional misconduct
    4. gross negligence

    c) Discrimination is specifically defined by Education Law as professional misconduct.

  12. Pursuant to the Rules of the New York State Board of Regents Part 29.1(b), unprofessional conduct includes all of the following except?
    1. failing to make available to a patient, upon request, copies of documents paid for by that patient
    2. accepting and performing professional responsibilities the licensee knows s/he is not competent to perform
    3. giving or receiving a fee to or from a third party for the referral of a patient
    4. sharing professional fees with a partner, employee, associate in a professional corporation, or professional consultant authorized to practice the same profession

    d) Fees may be "split" with those listed as this does not artificially add to the consumers' costs for professional services.

  13. Pursuant to the Rules of the New York State Board of Regents Part 29.2(a), unprofessional conduct includes all of the following except?
    1. failing to maintain a record for each patient which must be retained for a least six years
    2. using the word "doctor" in offering to perform professional services without also including the profession in which the licensee holds a doctorate
    3. guaranteeing that satisfaction will result from the performance of professional services
    4. charging patients unreasonable high fees for service

    d) Education Law does not include fee setting (or fee disputes) in its definition of professional misconduct.

  14. Licensed speech-language pathologists and audiologists are required to develop a new learning plan at the start of each new registration period.?
    1. true
    2. false

    a) At the start of each new registration period, speech-language pathologists and audiologists must develop a written learning plan for that registration period.

  15. Hearing screening may be provided by?
    1. trained members of service organizations who provide screenings to their membership only
    2. hearing aid dealers
    3. licensed audiologists
    4. all of the above

    c) Identification audiometry (screening) is within the scope of practice of audiology. It is not legal for hearing aid dealers or service organizations that are not in exempt settings to perform hearing screenings.

  16. Pursuant to Education Law (Article 130, section 6509) which one of the following does not constitute professional misconduct??
    1. advertising a range of prices for specific routine professional services for a given time period<
    2. being convicted of a crime under Federal Law
    3. practicing while impaired by alcohol, drugs or physical or mental disabilities
    4. willfully failing to notify the Department of any changes of name or mailing address

    a) Informing the public about what services you offer, how much they cost, and when these fees are in effect is valuable consumer information; it is not professional misconduct.

  17. Pursuant to Education Law (Article 130, section 6509) each of the following constitutes professional misconduct except?
    1. offering discounts to induce the public to purchase professional services
    2. being convicted of a crime under Federal Law
    3. practicing while impaired by alcohol, drugs, or physical or mental disability
    4. permitting an unlicensed person to perform activities requiring a license

    a) Licensees are permitted to discount established fees.

  18. ASHA guidelines recognizing specific treatments as part of the scope of practice of speech-language pathology or audiology are accepted in New York State.?
    1. true
    2. false

    b) ASHA guidelines do not have the force of law or regulation in New York State. A speech-language pathologist is required to practice within the NYS legal definition of speech-language pathology contained in Article 159 of Education Law.

  19. The addition of swallowing to the scope of practice of speech-language pathology means that all speech-language pathologists may treat dysphagia.?
    1. true
    2. false

    b) Part 29 (Regents Rules) requires that a licensee be competent to practice in order to practice any part of a professional scope of practice. Not every speech-language pathologist has the competencies to treat dysphagia.

  20. A licensed audiologist who has received the earned entitlement AuD may legally use this credential in New York.?
    1. true
    2. false

    a) Regents Rules are restrictive on the use of the title "doctor" and on false or misleading advertising. Licensed professionals who have earned a doctorate from a recognized university may use that doctorate provided that, if the doctorate is not in their field of licensure, they specify the field in which they received their doctorate.

  21. A speech-language pathologist who has been appropriately trained to perform fiberoptic endoscopic evaluation of swallowing may use a topical anesthetic as part of the procedure.?
    1. true
    2. false

    b) The use of any anesthetic is considered to be the practice of medicine, and may not be performed by a speech-language pathologist.

  22. A speech-language pathologist or audiologist may obtain continuing competency hours for reading and taking notes on journal articles.?
    1. true
    2. false

    a) A speech-language pathologist or audiologist may obtain a maximum of 5 continuing competency hours for reading and taking notes on professional journal articles. This learning falls into the category of independent study.

  23. A speech-language pathologist in private practice may contract with a teacher of the speech and hearing handicapped for the teacher to provide IEP-mandated services to children with disabilities only if?
    1. the teacher holds permanent teacher certification
    2. the teacher holds NYS licensure as a speech-language pathologist
    3. the teacher holds ASHA certification
    4. a & b

    b) Teachers of the speech and hearing handicapped may not contract to provide speech therapy services unless they also hold NYS licensure as a speech-language pathologist.

  24. A speech-language pathologist or audiologist may earn continuing competency credit by:?
    1. participating in a professional study group
    2. attending workshops offered by approved providers
    3. mentoring a licensed speech-language pathologist or audiologist
    4. completing an online self-study activity offered by an approved sponsor
      e) all of the above

    e) Licensees have many ways to meet the continuing competency requirement. Participation in professional study groups, attendance at workshops offered by approved sponsors, serving as a mentor in an area of expertise and completing self-study programs offered by approved sponsors are among the options open to licensees.

  25. A licensed audiologist may use an audiology technician in his/her practice to conduct hearing tests.?
    1. true
    2. false

    b) A licensed audiologist may not delegate any aspect of the practice of audiology to an unlicensed person.

  26. A person with a bachelor's degree in speech-language pathology may use the title "speech-language pathologist"?
    1. when s/he is employed by the school
    2. when s/he is contracting with a school to provide IEP-mandated services
    3. when s/he is contracting with a private agency
    4. if s/he is licensed by New York State as a speech-language pathologist

    d) Only a person licensed in New York as a speech-language pathologist may use the title speech-language pathologist. Because of grandfather provisions in 1976, there may be some individuals who qualified for licensure at that time with a bachelor's degree and postgraduate study as defined in ยง8208 of Education Law.

  27. A licensed speech-language pathologist who is employed by a school as a teacher of the speech and hearing handicapped may be required to sign off on services provided by other teachers who do not hold NYS licensure so that the school may collect Medicaid reimbursement.?
    1. true
    2. false

    b) School districts cannot require speech-language pathologists to sign off on services which they did not deliver.

  28. A speech-language pathologist or audiologist may employ a licensed occupational therapist in his/her private practice.?
    1. true
    2. false

    b) Employment of an occupational therapist by a speech-language pathologist or audiologist is considered fee splitting, which is grounds for being charged with unprofessional conduct.

  29. An applicant for licensure who is completing his/her nine months of supervised experience under the supervision of a licensed audiologist or speech-language pathologist may work part-time?
    1. 10 hours per week
    2. for no more than three employers
    3. for 4 months before relocating in other employment
    4. none of the above

    d) Commissioner's regulations place certain constraints on part-time experience by candidates for licensure. A candidate who is working part-time must work at least 15 hours per week for consecutive periods of not less than 6 months and with no more than two employers. It is professional misconduct to supervise an applicant for licensure who is working less than 15 hours per week.

  30. The New York State continuing competency requirement is identical to ASHA's continuing education requirement.?
    1. true
    2. false

    b) New York State's requirement is different from that of ASHA. Licensees must meet New York's requirements. If you are a member of ASHA, you should check with ASHA for information on their requirement.

  31. The State Board for Speech-Language Pathology and Audiology makes the rules and regulations concerning licensure and practice in these professions.?
    1. true
    2. false

    b) The State Board for Speech-Language Pathology is an advisory body, appointed by the Board of Regents to advise on matters related to licensure, practice and professional discipline. The Board of Regents makes rules and regulations concerning licensure and practice in the licensed professions.

  32. The State Board for Speech-Language Pathology and Audiology is responsible for the certification of teachers of the speech and hearing handicapped.?
    1. true
    2. false

    b) The certification of teachers of the speech and hearing handicapped is the responsibility of the Office of Teaching Initiatives, a totally separate part of the Education Department. The State Board has no jurisdiction in this area.

  33. An audiologist, John Doe, with a Ph.D. in special education may sign his name?
    1. John Doe, Ph.D., CCC, Aud.
    2. Dr. John Doe, CCC, Aud.
    3. Dr. John Doe, Ph.D., CCC, Aud.
    4. none of the above

    d) Because John Doe's Ph.D. is not in audiology, it is misleading for him to put Ph.D. after his name without specifying the field in which he holds a doctorate. He should sign his name John Doe, CCC, Aud., Ph.D. in Special Education.

  34. A speech-language pathologist, Jane Doe, with a Ph.D. in special education may sign her name?
    1. Jane Doe, Ph.D., CCC, SLP
    2. Dr. Jane Doe, CCC, SLP
    3. Dr. Jane Doe, Ph.D., CCC, SLP
    4. none of the above

    d) Because Jane Doe's Ph.D. is not is speech-language pathology, it is misleading for her to put Ph.D. after her name without specifying the field in which she holds a doctorate. She should sign her name Jane Doe, CCC, SLP, Ph.D. in Special Education.

  35. Licensees in some professions are required to take a course in the identification of child abuse. Speech-language pathologists are mandated to meet this requirement.?
    1. true
    2. false

    b) New York State licensed speech-language pathologists are not required to take a course in the identification of child abuse.

  36. Supervision of a clinical fellow qualifies as mentoring and can be used to meet New York State's continuing competency requirement.?
    1. true
    2. false

    b) Supervision of a clinical fellow does not qualify as mentoring. You cannot earn continuing competency hours through supervision of the candidate's 9 months experience for licensure.

  37. Pursuant to the Rules of the New York State Board of Regents, Part 29.2(a), speech-language pathologists are required to:?
    1. wear appropriate protective gloves when touching saliva
    2. wear appropriate masks whenever spattering of body fluids is likely to occur
    3. sterilize equipment and devices that touch mucous membranes
    4. all of the above

    d) The Rules of the New York State Board of Regents, Part 29.2(a), include provisions for infection control. Some of the required infection prevention techniques are: wearing appropriate protective gloves when touching saliva, wearing appropriate masks whenever spattering of body fluids is likely to occur, and sterilizing equipment and devices that touch mucous membranes.

  38. The Rules of the New York State Board of Regents, Part 29.2(a) include in the definition of unprofessional conduct:?
    1. abandoning a patient in need of immediate care
    2. failing to wear a name tag while practicing as an employee of a hospital, clinic, group practice or multi-profession facility
    3. failing to exercise appropriate supervision over persons authorized to practice only under the supervision of the licensed professional
    4. all of the above

    d) In addition to other provisions, unprofessional conduct, as explained in the Rules of the New York State Board of Regents, Part 29.2(a), includes: abandoning a patient in need of immediate care; failing to wear a name tag while practicing as an employee of a hospital, clinic, group practice or multi-profession facility; and failing to exercise appropriate supervision over persons authorized to practice only under the supervision of the licensed professional.

  39. A teacher of the speech and hearing handicapped may contract with a private agency to provide IEP-based services,?
    1. if there is a demonstrated need
    2. if the TSHH is licensed in New York State as a speech-language pathologist
    3. if the TSHH is supervised by a licensed SLP
    4. never

    b) Only licensed speech-language pathologists may contract with schools and agencies to provide services. Teachers of the speech and hearing handicapped who are not New York State licensed are not authorized to provide speech-language pathology services as independent contractors.

  40. An audiologist or speech-language pathologist who has not met the continuing competency requirement at the time of re-registration?
    1. will lose his/her license
    2. may continue to practice until s/he meets the requirement
    3. may apply for a conditional registration
    4. will be fined by the State Education Department

    c) A licensee who has not met the continuing competency requirement may apply for a conditional registration. The conditional registration is valid for one year. During that time, the licensee must make up all deficient hours and in addition, must earn 10 continuing competency hours for that one-year period.

Last Updated: June 17, 2009