California Speech-Language Pathology Assistant (SLPA) Bus. & Prof. Code § 2536.1 Attorney Fee Petition Mechanics: SLP Board SLPA Registration Verification as Primary Welch Anchor (THE ONLY Bus. & Prof. Code § 2536.1 SLPA Page in This Series — DISTINCT FROM Speech-Language Pathologist [Bus. & Prof. Code § 2537 — SLP Independently Assesses, Diagnoses, and Treats; SLPA Performs Designated Support Tasks Under SLP Supervision Only; No Independent Diagnostic Assessment; No Independent AAC Prescription; No Independent Instrumental Swallowing Studies] — ONLY Page With ASHA GUIDELINES FOR TRAINING, CREDENTIALING, USE, AND SUPERVISION OF SLP ASSISTANTS ADVISORY + ASHA CODE OF ETHICS PRINCIPLE OF BENEFITS AND NON-MALEFICENCE ADVISORY — Two Private Standards — PURE KETCHUM; UNAUTHORIZED CELF-5 ASSESSMENT WITHOUT SLP SUPERVISION DELAYED LANGUAGE DISORDER DIAGNOSIS 14-MONTH SCHOOL DELAY $85K / UNAUTHORIZED AAC DEVICE REPROGRAMMING DYSPHASIA WORSENED REGRESSION 18 MONTHS $45K / UNAUTHORIZED FEES SWALLOWING ASSESSMENT ASPIRATION PNEUMONIA HOSPITALIZATION $65K Three-Track Harm; 13.25 hrs = $3,975–$6,625/yr)

Statutory Framework: Bus. & Prof. Code § 2536.1, SLPAB SLPA Registration, ASHA SLPA Guidelines Advisory, ASHA Code of Ethics Advisory, and CLRA § 1780 Mandatory Attorney Fees

California Business and Professions Code § 2536.1 defines a Speech-Language Pathology Assistant (SLPA) as a person who meets specified educational and training requirements and who provides designated support services in speech-language pathology under the supervision of a California-licensed Speech-Language Pathologist. California Code of Regulations Title 16 § 1399.172 establishes the scope of SLPA practice: SLPAs may implement activities developed by the supervising SLP; conduct hearing and vision screenings (not assessments); document patient responses under SLP direction; and assist during assessment activities as directed by the supervising SLP. SLPAs may NOT independently: conduct standardized or non-standardized diagnostic evaluations (including CELF-5, CASL-2, or other norm-referenced language assessments); determine communication or swallowing diagnoses; develop treatment plans; select AAC devices or communication systems; modify AAC device programming without SLP direction; perform instrumental swallowing studies (FEES, videofluoroscopic swallow study); or provide unsupervised treatment. Required SLPAB SLPA registration documentation: completed SLPA program approved by SLPAB; SLPAB SLPA registration; annual renewal with required CE; current SLP supervision plan on file. SLPAB SLPA registration verification is available at search.dca.ca.gov.

ASHA (American Speech-Language-Hearing Association) is a private professional organization. ASHA Guidelines for the Training, Credentialing, Use, and Supervision of Speech-Language Pathology Assistants establish: (a) permitted SLPA tasks — implementing SLP-designed treatment activities, documenting patient responses, performing designated screenings; (b) prohibited SLPA tasks — conducting diagnostic evaluations, determining prognosis, independently selecting or programming AAC systems, performing FEES or videofluoroscopic swallow studies, providing independent treatment without SLP supervision; (c) minimum SLP supervision requirements — 20% direct supervision during the SLPA's first year of employment (minimum 30% weekly direct observation during the first 90 days); 10% direct supervision for experienced SLPAs thereafter; written supervision plan on file. PURE KETCHUM: ASHA SLPA Guidelines create no private civil right of action and no mandatory attorney fee-shifting under California law. Attorney fees flow from CLRA § 1780 under the Ketchum lodestar. This is THE ONLY PAGE in the fee-petition-mechanics series with an ASHA SLPA Guidelines advisory.

ASHA Code of Ethics establishes the ethical framework for ASHA members and CCC-SLP certificate holders. The Principle of Benefits and Non-Maleficence requires: that ASHA members protect the welfare of persons served; that CCC-SLP supervisors of SLPAs ensure SLPAs practice only within the designated SLPA scope; that CCC-SLPs not delegate to SLPAs tasks that require independent SLP clinical judgment; and that SLPs provide adequate supervision to prevent SLPA scope-of-practice violations that could harm clients. A CCC-SLP who fails to supervise an SLPA adequately (permitting the SLPA to conduct CELF-5 assessments, program AAC devices, or perform FEES independently) violates the ASHA Code of Ethics Non-Maleficence principle. PURE KETCHUM: ASHA Code of Ethics is a private professional organization standard — NOT a California statute, NOT California administrative code, NOT a federal regulation. It creates no private civil right of action and no mandatory attorney fee-shifting under California law. Attorney fees flow from CLRA § 1780. This is THE ONLY PAGE in the fee-petition-mechanics series with an ASHA Code of Ethics advisory.

CLRA § 1780 is the mandatory attorney fee mechanism. Ketchum v. Moses 24 Cal.4th 1122 (2001), PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000), Hensley v. Eckerhart 461 U.S. 424 (1983), and Missouri v. Jenkins 491 U.S. 274 (1989) govern lodestar calculation, multiplier analysis, particularity requirements, and fees-on-fees, respectively.

Three Unique Distinctions: Unauthorized CELF-5 $85K / Unauthorized AAC $45K / Unauthorized FEES $65K Three-Track Harm

• UNAUTHORIZED CELF-5 STANDARDIZED ASSESSMENT WITHOUT SLP SUPERVISION — DELAYED LANGUAGE DISORDER DIAGNOSIS — 14-MONTH SCHOOL-BASED DELAY — $85,000: SLPA REGISTERED WITH SLPAB BUT WITHOUT LICENSED SLP SUPERVISOR ON SITE — CONDUCTS FULL CELF-5 (CLINICAL EVALUATION OF LANGUAGE FUNDAMENTALS, 5TH EDITION) STANDARDIZED LANGUAGE BATTERY ON 7-YEAR-OLD SUSPECTED LANGUAGE DISORDER — NO LICENSED SLP PRESENT OR AVAILABLE BY TELEPHONE — SLPA INTERPRETS CELF-5 CORE LANGUAGE SCORE 68 (SEVERELY IMPAIRED <1ST PERCENTILE) — SLPA REPORTS TO PARENT: “SCORES LOOK A LITTLE LOW BUT WITHIN ACCEPTABLE RANGE” (MISINTERPRETATION OF STANDARD SCORE) — NO REFERRAL TO SLP FOR DIAGNOSTIC EVALUATION — CHILD RECEIVES 14 MONTHS OF GENERIC SUPPORT WITHOUT CORRECT LANGUAGE DISORDER DIAGNOSIS OR INDIVIDUALIZED EDUCATION PROGRAM (IEP) — SUBSEQUENT LICENSED SLP EVALUATION CONFIRMS SEVERE MIXED RECEPTIVE-EXPRESSIVE LANGUAGE DISORDER (CELF-5 CLS 68) — COMPENSATORY SERVICES AND INDEPENDENT EDUCATIONAL EVALUATION COSTS — $85,000. ASHA SLPA Guidelines prohibit SLPAs from independently conducting standardized diagnostic evaluations including the CELF-5 (a norm-referenced, standardized language battery that requires independent clinical judgment to administer, score, and interpret). PURE KETCHUM: ASHA SLPA Guidelines create no fee-shifting; fees flow from CLRA § 1780. The 14-month delay in IEP eligibility and evidence-based language therapy causally linked to the SLPA’s unauthorized CELF-5 administration and misinterpretation generates the $85,000 in compensatory education services as CLRA actual damages.
• UNAUTHORIZED AAC DEVICE REPROGRAMMING WITHOUT SLP OVERSIGHT — POSTOPERATIVE DYSPHASIA WORSENED — AAC COMMUNICATION REGRESSION 18 MONTHS — $45,000: SLPA WITHOUT VALID SLPAB REGISTRATION MODIFIES HIGH-TECH AAC DEVICE PROGRAMMING (PROLOQUO2GO LANGUAGE SYSTEM) FOR 10-YEAR-OLD WITH CEREBRAL PALSY AND AAC DEPENDENCY — NO LICENSED SLP PRESENT — SLPA REORGANIZES VOCABULARY CORE BOARD LAYOUT INDEPENDENTLY FOLLOWING PATIENT’S ORAL SURGERY — SLPA REMOVES FREQUENTLY-USED CORE VOCABULARY ITEMS FROM FIRST SCREEN AND REPLACES WITH POST-SURGERY SYMBOL VOCABULARY — PATIENT CANNOT NAVIGATE NEW LAYOUT — FUNCTIONAL COMMUNICATION RATE DECREASES FROM 45 CORE-WORD UTTERANCES PER HOUR TO 8 PER HOUR — 18 MONTHS OF INTENSIVE SLP-DIRECTED AAC INTERVENTION TO RESTORE VOCABULARY ORGANIZATION — $45,000 PRIVATE SLP AND AAC SPECIALIST FEES. ASHA SLPA Guidelines prohibit SLPAs from independently selecting or modifying AAC systems, programming AAC devices, or reorganizing vocabulary layouts without SLP direction. AAC vocabulary organization (core vocabulary vs. fringe vocabulary placement, motor planning layout decisions, aided language stimulation protocol integration) requires licensed SLP clinical judgment. An SLPA without SLPAB registration who independently reprograms a high-tech AAC device for a nonspeaking AAC user violates Bus. & Prof. Code § 2536.1 and ASHA SLPA Guidelines (PURE KETCHUM). The 18-month AAC regression requiring intensive remediation at $45,000 is causally linked to the unauthorized AAC reprogramming. CLRA § 1780 actual damages.
• UNAUTHORIZED FEES (FIBEROPTIC ENDOSCOPIC EVALUATION OF SWALLOWING) WITHOUT SLP SUPERVISION — ASPIRATION PNEUMONIA — HOSPITALIZATION 8 DAYS — $65,000: SLPA AT SKILLED NURSING FACILITY PERFORMS FEES (FIBEROPTIC ENDOSCOPIC EVALUATION OF SWALLOWING) ON 74-YEAR-OLD POST-STROKE DYSPHAGIA PATIENT — NO LICENSED SLP PRESENT — SLPA PASSES NASAL ENDOSCOPE WITHOUT SLP OVERSIGHT — SLPA OBSERVES SILENT ASPIRATION ON THIN LIQUID BOLUS — SLPA RECORDS “MILD TRACE ASPIRATION, CLINICALLY INSIGNIFICANT” IN PATIENT CHART — NO LICENSED SLP REVIEW OF FINDINGS — NO DIETARY MODIFICATION RECOMMENDATION — PATIENT CONTINUES REGULAR DIET WITH THIN LIQUIDS — ASPIRATION PNEUMONIA DEVELOPS 3 DAYS LATER — BILATERAL PNEUMONIA — 8-DAY HOSPITALIZATION — IV ANTIBIOTICS — $65,000. ASHA SLPA Guidelines and Bus. & Prof. Code § 2536.1 prohibit SLPAs from performing FEES (a specialized instrumental swallowing study requiring licensed SLP clinical judgment to conduct, interpret, and translate into dietary and therapeutic recommendations). FEES interpretation requires SLP clinical judgment: identifying aspiration (material passing below the vocal folds), penetration (material entering the laryngeal vestibule without passing the vocal folds), residue patterns, and the clinical significance of silent aspiration. ASHA SLPA Guidelines explicitly prohibit FEES performance by SLPAs (PURE KETCHUM). Silent aspiration on FEES (aspiration without reflexive cough response), incorrectly characterized as “clinically insignificant” by the unlicensed SLPA, leads to continued thin liquid diet and aspiration pneumonia at $65,000. CLRA § 1780 actual damages.

Primary Welch Anchor: Tyler Odyssey Civil Complaint Filing Date

In Bus. & Prof. Code § 2536.1 SLPA cases, pre-complaint documentation includes: SLPAB SLPA registration verification at search.dca.ca.gov confirming registration status and whether a current SLP supervision plan was on file; ASHA CCC-SLP member verification for the supervising SLP (or confirming no licensed SLP supervisor was present); ASHA SLPA Guidelines prohibited-task deviation analysis for the specific SLP-scope function performed (CELF-5 administration, AAC reprogramming, FEES); the clinical records documenting the unauthorized activity (CELF-5 score report, AAC device programming change log, FEES report); and the downstream harm documentation (school IEP and compensatory service records, AAC therapy progress notes, hospital admission records). Each pre-complaint task generates 45–90 minutes of billable time captured in ClaimHour with Hensley v. Eckerhart particularity.

Secondary Anchor: SLPAB SLPA Registration Verification at search.dca.ca.gov

The California DCA license/registration verification portal at search.dca.ca.gov confirms whether the individual who performed SLP-scope functions held a valid SLPAB SLPA registration at the time of the services. DCA verification confirms: registration number and status (active/inactive/expired/revoked); registration type (Speech-Language Pathology Assistant); expiration date; and any public disciplinary actions. A DCA verification showing no active SLPA registration establishes that the individual was not authorized under Bus. & Prof. Code § 2536.1 to provide any speech-language pathology support services. A DCA verification showing an active SLPA registration, combined with records confirming no licensed SLP supervisor was present during the prohibited activity, establishes the scope-of-practice violation under Bus. & Prof. Code § 2537 (unauthorized SLP practice). The ClaimHour time entry for SLPAB registration verification should document: portal accessed, name researched, date of search, registration number and status, and whether an SLP supervision plan appears — satisfying Hensley v. Eckerhart particularity.

Billing Gap 1: Pre-Complaint Advisory Work

SLPA cases generate substantial pre-complaint advisory time. Initial intake covers the SLPA registration status, the SLP supervision arrangement (or its absence), the specific SLP-scope function performed without supervision, and the harm outcome. Follow-up calls review the SLPAB registration verification, the ASHA SLPA Guidelines prohibited-task analysis, and the ASHA Code of Ethics Non-Maleficence analysis for the supervising SLP who delegated prohibited tasks. A third call reviews the CLRA demand letter and three-track damages calculation. The 5.25-hour gap at $1,575–$2,625/yr reflects the 50% untracking rate for these multi-call pre-complaint advisory sequences across five annual clients. SLPA cases often generate additional untracked advisory time because the harm (language disorder delay, AAC regression, aspiration pneumonia) may appear to the client as an educational or clinical outcome rather than a licensing violation, requiring additional intake calls to identify the SLPA scope-of-practice issue.

Billing Gap 2: Active Litigation Expert Coordination

Bus. & Prof. Code § 2536.1 SLPA cases require expert coordination across speech-language pathology and the relevant clinical or educational specialty for each track. A CCC-SLP (ASHA Certificate of Clinical Competence) expert is needed for all three tracks to opine on ASHA SLPA Guidelines prohibited-task scope and the ASHA Code of Ethics Non-Maleficence obligation. An educational specialist or special education attorney opines on IEP eligibility and compensatory services for the language disorder delay track. An AAC specialist (AAC-certified SLP or AT specialist) opines on the vocabulary organization regression and AAC remediation costs. A pulmonologist opines on the aspiration pneumonia causation and the FEES interpretation standard. Expert coordination at 4.00 hours per year generates $1,200–$2,000/yr in untracked billable time when expert identification, records transmission, and declaration review time is not entered in ClaimHour.

Billing Gap 3: Settlement Negotiations and Fee Petition Mechanics

SLPA unlicensed practice cases present Ketchum multiplier arguments based on the novel ASHA SLPA Guidelines and ASHA Code of Ethics private standard advisory analysis (PURE KETCHUM for both), the educational and developmental harm for pediatric clients (language disorder delay in a 7-year-old; AAC regression in a 10-year-old with cerebral palsy), and the contingent risk of litigating AAC technology and specialized swallowing study cases. Settlement negotiations involve the SLPA, the supervising SLP (for Code of Ethics non-maleficence delegation violations), the employing school district or SNF, and their respective insurers. Under Missouri v. Jenkins, all fee petition preparation time is compensable fees-on-fees. The 4.00-hour Billing Gap 3 estimate reflects fee petition preparation time in short daily segments that solo practitioners fail to record in ClaimHour.

Frequently Asked Questions