12: What ASHA Can’t Legally Do

In moments of professional frustration, it’s easy to confuse visibility with authority and to assume that the loudest voice is also the one holding the gavel. This episode looks beneath that assumption, tracing the legal boundaries that shape what a national association can (and cannot) actually do.We explore:The HOA analogy: Why ASHA operates as a private association, not a regulatory body and why it doesn’t have enforcement power over employers.The tying intervention: How the U.S. Department of Education forced a separation between accreditation and certification.The jurisdiction map: Where different kinds of power actually live, from state legislatures to licensing boards to universities.Fiduciary duty: How the law directs boards to protect institutional continuity, even under intense professional pressure.Sources:Special thank you to Dr. Angela Louvenbrouk (former President of the American Academy of Audiology, ASHA Fellow, former ASHA board member, and recipient of Honors of the Academy—AAA’s highest award—2019) for being a primary source for this podcast series.Board of Directors Fiduciary Responsibilities, Council of State Speech‐Language‐Hearing Association Presidents—Spring Program, May 16, 2016THE AMERICAN SPEECH-LANGUAGE-HEARING ASSOCIATION: LEGAL RESPONSIBILITIES OF MEMBERS OF THE BOARDS OF NONPROFIT ASSOCIATIONS, October 2013ASHA Committee Toolkit, 2025Audiology Today, Volume 15, No. 3, May/June, 2023 (regarding the Department of Education)Connect:Contact Megan: therapyinsights.com/insideslpPACT Survey: pactsurvey.com