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Fall 2002 Meeting Minutes of the Legislative Council

Legislative Council Minutes
American Speech-Language-Hearing Association
Atlanta, Georgia
November 22-24, 2002


Copies of committee reports submitted are on file in the National Office. Formal actions seconded and acted upon by the Legislative Council begin with the word RESOLVED and are numbered in boldface type.

Meetings of the Legislative Council of the American Speech-Language-Hearing Association were held in the Thomas Murphy Ballroom I and II of the Georgia World Congress Center in Atlanta, Georgia, with President Nancy A. Creaghead and Speaker of the Council Gail J. Richard presiding. The first session of the November 2002 meeting of the Legislative Council was called to order at 1:15 pm on November 22. The Chair of the Committee on Credentials reported the names of 7 permanent replacements seated on the Council since the May/June 2002 meeting, and the names of 5 temporary replacements for the November 2002 meeting. The report of the Committee was accepted. A roll call was taken. One hundred forty-seven Councilors were present. The President declared a quorum present. New Councilors introduced themselves and Councilors completing terms on December 31, 2002 identified themselves. Introductions were made.

The President presented her State of the Association address. The President highlighted Association activities for the year. These included planning activities, Focused Initiatives, diversity recruitment, diversity resources for service delivery, school-based programs and services, web technology, telepractices, reimbursement issues/outcomes–2003, strategic planning, concept of a big audacious goal, input to the strategic plan, planning for National Office needs, doctoral shortage and recommendations, student issues, public awareness, value of the certificates of Clinical Competence, 2003 Public Policy Agenda, SLPAs, International collaboration, PracticeSource, and the Executive Director’s retirement.

The Membership Forum was held. 13 members availed themselves of this opportunity to address the Legislative Council about their issues of concern.

The Business/Floor Procedures contained in the Legislative Council Meeting Workbook were approved. The agenda for the November 2002 meeting of the Legislative Council, as contained in the Workbook, was APPROVED AS AMENDED .

The Speaker of the Legislative Council presented her report. Her report included background information on the Speaker of the Council position, modifications for Fall LC meeting, parliamentary procedures, and the speaker’s facilitating role.

The Chair of the Legislative Council Coordinating Committee presented a summary of the Committee's activities for the year. The Chair of the Committee on Special Rules reported a number of changes proposed to the Special Rules. These changes were approved.

The names of 2 Councilors were placed in nomination for election as the 2003 Speaker of the Legislative Council. These Councilors were Gail Richard and Linda Tepperman. Following balloting, Councilor Gail Richard was announced as having been elected.

The Vice President for Administration and Planning presented information about the state of the 2002 ASHA Budget and the proposed budget for 2003. Questions were raised about features of the 2003 budget and information in response to the questions was provided.

The meeting adjourned at 4:42 pm.

The November 23rd session of the Legislative Council meeting was called to order at 10:16 am. The Legislative Council returned to questions regarding the proposed 2003 budget.

LC 8-2002. RESOLVED , That the 2003 Budget for the American Speech-Language-Hearing Association be approved. APPROVED (VOTE: 91 yes, 54 no, 2 abstentions)
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The names of 7 Councilors were placed in nomination to serve on the Legislative Council Coordinating Committee for two-year terms (2003-2004). Following balloting, Fred Hall, Elizabeth McCrea, and Lisa O’Connor were announced as having been elected. Linda Tepperman will serve as Legislative Council Coordinating Committee Chair in 2003.

The Legislative Council Forum was called to order. 17 Councilors presented comments on a variety of issues.

The Legislative Council recessed for lunch at 12:03 pm. During the lunch period, the following caucus meetings were held: (1) Health Care Reimbursement Revisited; (2) The PhD Doctoral Shortage in Communication Sciences and Disorders; and (3) School Issues: Where We’ve Been/Where We’re Going.

The Legislative Council reconvened at 1:35 pm.

The name of 11 Councilors were placed in nomination to serve on the Committee on Honors for three-year terms (2003-2005). Following balloting, Mary Bolton-Koppenhaver, George Purvis, and Joel Stark were announced as having been elected. Tommie L. Robinson, Jr. will serve as Committee on Honors Chair in 2003.

LC 9-2002. RESOLVED , That the Code of Ethics be amended as follows (additions are underlined; deletions are in brackets):

Preamble (paragraph 1)

The preservation of the highest standards of integrity and ethical principles is vital to the responsible discharge of obligations [in the professions of speech-language pathology and audiology] by speech-language pathologists, audiologists, and speech, language, and hearing scientists . This Code of Ethics sets forth the fundamental principles and rules considered essential to this purpose.

Preamble (paragraph 3)

Any [action that violates] violation of the spirit and purpose of this Code shall be considered unethical. Failure to specify any particular responsibility or practice in this Code of Ethics shall not be construed as denial of the existence of such responsibilities or practices.

Preamble (paragraph 4)

The fundamentals of ethical conduct are described by Principles of Ethics and by Rules of Ethics as they relate to the conduct of research and scholarly activities and responsibility to persons served, [to] the public, and [to the professions of speech-language pathology and audiology] speech-language pathologists, audiologists, and speech, language, and hearing scientists .

Principle of Ethics I

Individuals shall honor their responsibility to hold paramount the welfare of persons they serve professionally or participants in research and scholarly activities and shall treat animals involved in research in a humane manner .

Principle of Ethics I, Rule C

Individuals shall not discriminate in the delivery of professional services or the conduct of research and scholarly activities on the basis of race or ethnicity, gender, age, religion, national origin, sexual orientation, or disability.

Principle of Ethics I, Rule E

Individuals who hold the Certificates of Clinical Competence shall not delegate tasks that require the unique skills, knowledge, and judgment that are within the scope of their profession to assistants, technicians, support personnel, students , or any nonprofessionals over whom they have supervisory responsibility. An individual may delegate support services to assistants, technicians, support personnel, students , or any other persons only if those services are adequately supervised by an individual who holds the appropriate Certificate of Clinical Competence.

Principle of Ethics I, Rule F

Individuals shall fully inform the persons they serve of the nature and possible effects of services rendered and products dispensed , and they shall inform participants in research about the possible effects of their participation in research conducted .

Principle of Ethics I, Rule K

Individuals shall [maintain adequate] adequately maintain and appropriately secure records of professional services rendered , research and scholarly activities conducted, and products dispensed and shall allow access to these records only when [appropriately] authorized or when required by law .

Principle of Ethics I, Rule L

Individuals shall not reveal, without authorization, any professional or personal information about [the] identified persons served professionally or identified participants involved in research and scholarly activities unless required by law to do so or unless doing so is necessary to protect the welfare of the person or of the community or otherwise required by law .

Principle of Ethics I, Rule M

Individuals shall not charge for services not rendered, nor shall they misrepresent [, ¹ in any fashion,] services rendered , [or] products dispensed , or research and scholarly activities conducted .

Principle of Ethics I, Rule M, Footnote 1

[¹ For purposes of this Code of Ethics, misrepresentation includes any untrue statements or statements that are likely to mislead. Misrepresentation also includes the failure to state any information that is material and that ought, in fairness, to be considered.]

Principle of Ethics II, Rule E

Individuals shall [prohibit any of] not require or permit their professional staff [from providing] to provide services or conduct research activities that exceed the staff member's competence, [considering the staff member's] level of education, training, and experience.

Principle of Ethics II, Rule F

Individuals shall ensure that all equipment used in the provision of services or to conduct research and scholarly activities is in proper working order and is properly calibrated.

Principle of Ethics III

Individuals shall honor their responsibility to the public by promoting public understanding of the professions, by supporting the development of services designed to fulfill the unmet needs of the public, and by providing accurate information in all communications involving any aspect of the professions , including dissemination of research findings and scholarly activities .

Principle of Ethics III, Rule A

Individuals shall not misrepresent their credentials, competence, education, training, [or] experience , or scholarly or research contributions .

Principle of Ethics III, Rule D

Individuals shall not misrepresent diagnostic information, research , services rendered, or products dispensed ; [or] neither shall they engage in any scheme [or artifice] to defraud in connection with obtaining payment or reimbursement for such services or products.

Principle of Ethics III, Rule E

Individuals' statements to the public shall provide accurate information about the nature and management of communication disorders, about the professions, [and] about professional services , and about research and scholarly activities .

and further

RESOLVED , That the revised Code of Ethics be effective as of January 1, 2003. APPROVED (VOTE: 145 yes, 1 no, 0 abstentions)

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The names of 8 Councilors were placed in nomination to serve on the Committee on Credentials for two-year terms (2003-2004). Following balloting Mary Hooper, Ninevah Murray, and Doreen Oyadomari were announced as having been elected. Ron G. Bender will serve as Committee on Credentials Chair in 2003.

LC 3-2002 had been postponed from the Spring Legislative Council meeting in order to seek information and recommendations from the Publications Board. The Publications Board opinion was provided in the Workbook and given orally to the Councilors.

LC 3-2002. RESOLVED , That the ASHA Publications Board identify the highest earned academic degree achieved by all authors of articles in all of ASHA's publications, including the American Journal of Audiology , the American Journal of Speech-Language Pathology , the J ournal of Speech, Language and Hearing Research, Language, Speech and Hearing Services in Schools , and The ASHA Leader . DEFEATED (VOTE: 22 yes, 125 no, 0 abstentions)

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The names of 3 Councilors were placed in nomination to serve on the Committee on Special Rules for two-year terms (2003-2004). Following balloting, Linda Jacobs-Condit and Robert E. Jirsa were announced as having been elected.

LC 10-2002. RESOLVED , That LC 4-96, which establishes a rotational schedule for the annual convention, be rescinded; and further

RESOLVED , That no state host an American Speech-Language-Hearing Association annual convention more frequently than once every 5 years. APPROVED (VOTE: 144 yes, 3 no, 0 abstentions)

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The names of 2 Councilors were placed in nomination to serve on the Financial Planning Board for a three-year term (2003-2005). Following balloting, Robert M. Augustine was announced as having been elected.

A Legislative Council Forum was called to order. 4 Councilors presented comments on various topics. President Creaghead addressed the Council on the process planned for the search of an Executive Director. 9 Councilors presented comments on various topics. President Creaghead addressed the Council to clarify how the Focused Initiatives were developed.

The Councilors from Ohio requested a Point of Personal Privilege to honor President Creaghead.

LC 12-2002 was introduced. The Legislative Council entered into Forum to discuss the issue of Councilor stipend for the fall Conventions. After the Forum, it was moved to refer LC 12-2002 to the Legislative Council Coordinating Committee for clarification and to report at the next scheduled Legislative Council meeting in March 2003.

The meeting adjourned at 5:05 pm.

The November 24th session of the Legislative Council was called to order at 10:25 am. The Council received reports from the Audiology/Hearing Science Assembly and the Speech-Language Pathology/Speech or Language Science Assembly.

Point of Information by President Creaghead regarding a discrimination lawsuit filed against the Association this week by a former employee. Executive Director Spahr provided details on the suit and advised Councilors not to respond to the former employee and forward such correspondence to President Creaghead or himself, should they hear from him.

LC 11-2002 (substitute). RESOLVED , That the requirement of a second meeting of the Legislative Council be discontinued in 2004; and further

RESOLVED , That LC 42-97 indicating that there be a second meeting of the Legislative Council beginning in 1998 be rescinded; and further

RESOLVED , That the Special Rules of the Legislative Council be amended to read "at least" one meeting of LC per year; and further

RESOLVED , That the Committee on Resolutions make the determination of whether a second meeting is needed; and further

RESOLVED , That the Committee on Resolutions determine whether a second meeting may be conducted electronically or face-to-face. DEFEATED (VOTE: 57 yes, 71 no, 0 abstentions)

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LC 13-2002. RESOLVED , That the Legislative Council retain the direct responsibility for determining the need to continue the position of the Speaker of the Council; and further

RESOLVED , That the Legislative Council vote every three years starting in 2004 to determine the need to continue the position of Speaker of the Council. DEFEATED (VOTE: 33 yes, 86 no, 4 abstentions)

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LC 14-2002. RESOLVED , That the Legislative Council Coordinating Committee (LCCC), the Committee on Special Rules, and the Committee on Resolutions collaborate to develop specific procedures including Special Rules as needed, to respond to the spring, 2002 caucus concerns regarding LC effectiveness and productivity, specifically addressing:

• Convening a caucus and methods of developing action plans arising from a caucus
• Developing a more user-friendly process for formulating resolutions,
• Parameters for convening and conducting an ad hoc committee of the LC, and
• The LC process for recommending priorities/focused initiatives; and further

RESOLVED , That the LCCC, the Committee on Special Rules, and the Committee on Resolutions utilize the ideas and solutions shared at the LC Forum held at the fall meeting, and that these committees develop a mechanism for an LC review process to be sure the concerns are adequately addressed. APPROVED (VOTE: 95 yes, 22 no, 3 abstentions)

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LC 15-2002. RESOLVED , That a Joint Ad Hoc Committee on ASHA Program Review be established comprised of three (3) Legislative Council (LC) members, elected by the LC, at least one of whom is a member of the Financial Planning Board, and three Executive Board (EB) members, determined by the EB; and further

RESOLVED , That the Joint Ad Hoc Committee on ASHA Program Review be charged to develop a program review plan to periodically review all programs and subprograms of the American Speech-Language-Hearing Association (ASHA) to be conducted by both the EB and LC, and that includes (a) the specific criteria for determining the effectiveness of programs in terms of serving members’ needs, relative value, and budgetary impact, (b) the criteria for determining whether to continue as is, alter, or discontinue a program; and (c) the projected cost to conduct the program review; and further

RESOLVED , That the Joint Ad Hoc Committee on ASHA Program Review submit its program review plan to the LC on or before its scheduled meeting in the Spring of 2003. APPROVED AS AMENDED (VOTE: 115 yes, 4 no, 1 abstention)

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John Bernthal, Chair of the Committee on Nominations and Elections addressed the Council regarding the upcoming 2003 election for the Legislative Council and asked Councilors in states with open positions to nominate candidates.

Speaker of the Council, Gail Richard, made a brief presentation on process discussing "having your say" verses "getting your way."

President Creaghead presented gifts and acknowledgements to outgoing Executive Board members, Legislative Councilors, and others.

The meeting adjourned at 12:13 pm.

Assembly Elections

The following actions were taken by the Audiology/Hearing Science Assembly during its’ meetings on Saturday, November 23 and Sunday, November 24.

Elected Laura Ann Wilber as Coordinator and David Wark as Associate Coordinator for the Assembly for 2003.

Elected Kathleen Peterson to serve on the Committee on Nominations and Elections for a two-year term beginning January 1, 2003.

LC A/HS-2-2002. RESOLVED , That the revised "Guidelines for Competencies in Auditory Evoked Potential Measurement and Clinical Applications" be approved; and further

RESOLVED , That the guidelines be published in the next annual Supplement to The ASHA Leader, be posted on the Web site, be made available upon request from the ASHA Action Center, and be included in the next revision of the ASHA Desk Reference. APPROVED (VOTE: 32 yes, 0 no, 0 abstentions)

The following actions were taken by the Speech-Language Pathology/Speech or Language Science Assembly during its meetings on Saturday, November 23 and Sunday, November 24.

Elected Vickie Irwin as Coordinator and Nena Germany-Greer as Associate Coordinator for the Assembly for 2003.

Elected Patricia J. Olmstead and Charlena M. Seymour to serve on the Committee on Nominations and Elections for two-year terms beginning January 1, 2003.

LC SLP/SLS-4-2002. RESOLVED , That the document entitled "Knowledge and Skills in Business Practices Needed by Speech-Language Pathologists in Health Care Settings" be approved as ASHA policy; and further

RESOLVED , That "Knowledge and Skills in Business Practices Needed by Speech-Language Pathologists in Health Care Settings" be published in the next annual supplement to The ASHA Leader and that it be posted on the professional Web site, be made available upon request from the ASHA Action Center, and be included in the next revision of the ASHA Desk Reference. APPROVED

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The following resolutions are included in these Minutes to report actions taken by the Speech-Language Pathology/Speech or Language Science Assembly by electronic vote in July, 2002:

SLP/SLS 2-2002. RESOLVED , That "A Workload Analysis Approach for Establishing Speech-Language Caseload Standards in the Schools: Position Statement" be approved as ASHA policy; and further

RESOLVED , That "A Workload Analysis Approach for Establishing Speech-Language Caseload Standards in the Schools: Position Statement" be published in the next annual supplement to The ASHA Leader, be posted on the Web site, be made available upon request from the ASHA Action Center and Fax-on-Demand, and be included in the next revision of the ASHA Desk Reference. APPROVED (VOTE: 80 yes, 0 no, 37 not voting)

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SLP/SLS 3-2002. RESOLVED , That "A Workload Analysis Approach for Establishing Speech-Language Caseload Standards in the Schools: Guidelines" be approved as ASHA policy; and further

RESOLVED , That "A Workload Analysis Approach for Establishing Speech-Language Caseload Standards in the Schools: Guidelines" be published in the next annual supplement to The ASHA Leader, be posted on the Web site, be made available upon request from the ASHA Action Center and Fax-on-Demand, and be included in the next revision of the ASHA Desk Reference; and further

RESOLVED , That the 1992 Guidelines entitled "Caseload Size and Guidelines for Speech-Language Service Delivery in the Schools" (LC 36-92) be rescinded. APPROVED (VOTE: 82 yes, 0 no, 35 not voting)

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Minutes of the November 22-24, 2002 Legislative Council Meeting Approved.

Regina B. Grantham
Elizabeth Karlsen
Barbara Moore-Brown



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