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New Mexico Speech Language Pathology, Audiology & Hearing Aid Dispensing Practices Board
REGULAR BOARD MEETING
Friday, April 17, 2015
10:00 a.m.
Regulations and Licensing, Toney Anaya Building, 2550 Cerrillos Rd, Santa Fe, NM
- CALL TO ORDER AND ROLL CALL:
Chair, Victoria Smidt called the meeting to order at 10:03a.m. and a quorum was determined to be present.
MEMBERS PRESENT:Lillian Grijalva
Stephen Frazier
Dr. Richard Cram
Victoria Smidt
Michael Langner
Wesley Miller
Richard Meyer
Bridget Guenther
MEMBERS ABSENT:
Keith Rohr
Dr. Timothy Frost
Dr. Elaine Almquist
OTHERS PRESENT:Jennifer Salazar, Assistant Attorney General
Samantha Lopez, Acting Board Administrator
Ruth Romero, Administrative Assistant
Vanessa Montoya, Compliance Liaison
2.APPROVAL OF AGENDA:
MOTION was made by Mr. Frazier to approve the amended agenda. SECONDED by Ms. GuentherMOTION CARRIED UNANIMOUSLY.
The following items were added to agenda for discussion only
4.1 Drafting letter from the Board to GSD
4.2 Update on vacant Board Administrator position
4.14Discussion on hearing aids being fit by companies outside of NM
4.15Removal of Board Member from the board
3.APPROVAL OF MINUTES
Ms. Salazar addressed the board regarding the minimal requirements for meeting minutes.
Mr. Frazier wanted know if the transcribed minutes could be made available to search by words.
Ms. Salazar stated that they could be saved as a searchable document.
MOTION was made by Mr. Meyer to approve theNovember 21, 2014 transcribed meetingminutes as presented. MOTION SECONDED by Mr. LangnerMOTION CARRIED UNANIMOUSLY.
4.NEW BUSINESS:
Ms. Baca reported to the board that she is no longer Deputy Director of Boards and Commissions. She introduced the new Deputy Director, Kathy Ortiz and the new Director, Enrique Knell.
4.1 Drafting letter from the Board to GSD
The board asked the administrative staff to draft a letter to GSD.
4.2 Update on vacant Board Administrator position
Ms. Baca addressed the Board regarding the vacant position. Ms. Baca stated that the Board Administrator paperwork was turned in and the department was waiting for approval.
4.3Presentation by Jennifer Salazar
Ms. Salazar made a presentation to the board on the Open Meetings Act, the Governmental Conduct Act and the Inspection of Public Records Act. Ms. Salazar warned the board to be careful regarding a rolling quorum. If the board members would like to share information with each other it should be sent to the board administrator and then the board administrator could send out the information.
Dr. Cram asked if there was a policy that the board administrator could not take additional items for the agenda. Mrs. Lopez said that as long as a board member sent an item to be added to the agenda prior to the 72 hours required by the Open Meetings Act that the item would be added to the agenda.
The board asked Ms. Salazar to find out what the retention of emails is, in reference to IPRA’s.
The Board would like adoption of code of conduct to be added to the next boardmeeting agenda.
MOTION was made by Mr. Langner to move to items 4.4 and 4.5 on the agenda and then return to items 4.2 and 4.3. MOTION SECONDED by Mr. Miller MOTION CARRIED UNANIMOUSLY.
4.4Board authority of advertising opinion by Jennifer Salazar
There was no discussion on this item.
4.5Perfect Choice HD Article
The board does not regulate Hearing Aids.They regulate Hearing Aid Dispensers.
4.6Use of Telepractice for Audiology & Speech-Language Pathology
Dr. Kaplan addressed the board regarding the rising number of calls he gets asking for the boards’ requirement for telepractice in New Mexico. Dr. Kaplan’s response was that a license is required in order to practice in New Mexico. Dr. Kaplan stated that ASHA has draft regulations for states who are interested in telepractice.
The board asked Ms. Salazar if a rule change for adding language about telepractice would require a statute change.
Ms. Salazar said yes it would.
Dr. Kaplan pointed out that there is no regulatory language that would prevent licensees from telepractice if they held a current New Mexico license.
Mr. Langer asked if practice is taking place where the client is or where the provider is.
Ms. Guenther suggested creating a committee.
MOTION was made by Mr. Langner to form an information committee to investigate telepractice and make recommendations to the board. MOTION SECONDED by Mr. Miller. MOTION CARRIED UNANIMOUSLY.
Members appointed to the committee were Bridget Guenther and Dr. Elaine Almquist.
Board Chair Ms. Smidt called for a 30 minute recess at 11:05 pm
Board Chair Ms. Smidt reconvened the meeting at 11:37 pm
4.7SLP Assistants
The board asked Ms. Lopez to find out if the letter to all school districts was sent out as approved at the November board meeting.
Ms. Grijalva asked if there was a need to meet with the Public Education Department (PED) to find out how SLPA’s are being hired.
Dr. Kaplan stated that PED is licensing them as an aide but they are functioning in the classroom as an SLPA.
MOTION was made by Ms. Guenther to follow through with the previous motion made at the November 21, 2014 meeting and to send out the letter to all districts if it has not already been sent out. MOTION SECONDED by Dr. Cram MOTION CARRIED UNANIMOUSLY. Ms. Smidt abstained.
4.8Changes to complaint forms
There was concern about there being a place for establishments on the complaint form because the board does not regulate establishments. Ms. Baca informed the board that the complaint form is a standard form that is utilized by multiple boards. Some of these boards like the Funeral Board do license establishments.
Dr. Cram stated that the consumer has the option to contact the board if there are any questions regarding filling out the complaint form.
4.9Electronic verifications and scores
Ms. Lopez asked the board to give approval to the administrative staff to accept electronic verifications and scores. Ms. Lopez stated that this may have been done in the past but the board office could not find record of it.
MOTION was made by Mr. Miller to accept scores sent directly to the board office. MOTION SECONDED by Mr. Langner. MOTION CARRIED UNANIMOUSLY.
4.10Rules Committee Report
1. Discussion and possible approval of letter to licensees
The Board discussed a letter drafted by the rules committee to remind licensees to follow the Code of Ethics, Title 16 Chapter 26 Part 9.
Mr. Meyer stated that the letter is fair.
Ms. Smidt asked that the board name be corrected.
MOTION was made by Mr. Miller to accept the letter with the correction of the first line and to mail it to all Hearing Aid Dispensers and Audiologists. MOTION SECONDED by Mr. Meyer.MOTION CARRIED UNANIMOUSLY.
4.11Descriptions of professions on the website
Dr. Cram suggested that the board review and modify the description on the RLD’s website, specifically on the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices main page overview.
MOTION was made by Mr. Miller to form a committee to report back to the board at the next board meeting with a description for each profession. MOTION SECONDED by Dr. Cram MOTION CARRIED UNANIMOUSLY.
Members of the Professional Description Committee are Dr. Cram, Mr. Miller and Ms. Grijalva.
4.12Ratification of Licenses
MOTION was made by Mr. Miller to approve, accept and ratify RLD’s approval of licenses issued as presented. SECONDED by Mr. LangnerMOTION CARRIED UNANIMOUSLY.
Exhibit A license ratification list attached
Board member Richard Meyer left. A quorum was still present.
4.13Update from 2015 Legislative Session- Jennifer Salazar
Ms. Salazar notified the board that SB 200 passed and was signed by the Governor. This bill broadened the scope of practice for Audiologists. Ms. Salazar also informed the board that the Governor signed the Sunset Bill.
4.14Hearing Aids being fit by companies outside of New Mexico
Dr. Cram informed the board that there are purchase agreements with companies outside of NM to provide hearing aids to consumers. With these agreements a NM Audiologist is fitting the hearing aid but not providing the hearing aid.
Mr. Frazier stated that there are a number of mail order hearing aid dispensing companies that are doing this.
Dr. Cram wanted to bring it to the board’s attention as a matter of awareness to prevent any confusion or possible problems.
4.15Removal of Board Member from Board
The board asked Ms. Salazar about the procedure for removing professional member Dr. Frost from the board. Dr. Frost has missed at least the last 3 consecutive meetings. Ms. Salazar suggested that the board notify the Governor’s office.
Mr. Knell reminded the board that Dr. Frost’s specialty is a requirement for one of the board members.
Board Chair Ms. Smidt called for a 10 minute recess at 1:25 pm
Board Chair Ms. Smidt reconvened the meeting at 1:39pm
5.EXECUTIVE SESSION:
MOTION was made byMs. Guentherto go into closed session pursuant to Section
10-15-1(H)(1) and (3) of the Open Meetings Act to discuss matters pertaining to the issuance, suspension, renewal or revocation of a license. SECONDED by Mr. Miller
Roll Call vote as follows:
Lillian Grijalva-yes
Stephen Frazier-yes
Wesley Miller- yes
Victoria Smidt-yes
Dr. Richard Cram-yes
Bridget Guenther- yes
Michael Langner-yes
Keith Rohr-absent
Richard Meyer- absent
Dr. Timothy Frost-absent
Dr. Elaine Almquist-absent
Entered into executive session at 1:40 p.m.
DECISIONS ON MATTERS DISCUSSED IN EXECUTIVE SESSION
Back on the record. 1:52p.m.
Applications
5.1 Application 12-4 NCA
MOTION was made by Mr. Miller to issue a default order to deny application for licensure and assess a $1,000.00 fine for practicing without a license. SECONDED by Dr. Cram. MOTION CARRIED UNANIMOUSLY.
Complaints
The board had no complaints
7.PUBLIC COMMENT AND OPEN FORUM FOR DISCUSSION
There was no public comment.
8. FUTURE BOARD MEETING
August 14, 2015 Regular Board Meeting. Time and location in ABQ TBD
9. ADJOURNMENT
ADJOURN: There being no further business;MOTION made by Mr. Miller to adjourn the meeting at2:18pm.SECONDED byMr. LangnerMOTION PASSED UNANIMOUSLY.
SUBMITTED BY: ______
Samantha Lopez, Acting Board AdministratorDate
APPROVED BY: ______
Victoria Smidt, Chair Date