AN ACT Relating to hearing aid fitters and dispensers; and amending RCW 18.35.010, 18.35.060, 18.35.080, 18.35.090, 18.35.140, 18.35.150, 18.35.161, and 18.35.190.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 1, chapter 106, Laws of 1973 1st ex. sess. as last amended by section 1, chapter 39, Laws of 1983 and RCW 18.35.010 are each amended to read as follows:

As used in this chapter, unless the context requires otherwise:

(1) "Department" means the department of licensing.

(2) "Council" means the council on hearing aids.

(3) "Hearing aid" means any wearable prosthetic instrument or device designed for or represented as aiding, improving, compensating for, or correcting defective human hearing and any parts, attachments, or accessories of such an instrument or device, excluding batteries and cords and ear molds.

(4) "Fitting and dispensing of hearing aids" means the sale, lease, or rental or attempted sale, lease, or rental of hearing aids together with the selection and adaptation of hearing aids and the use of those tests and procedures essential to the performance of these functions. It includes the taking of impressions for ear molds for these purposes.

(5) "Director" means the director of licensing.

(6) "Hearing aid establishment" means any facility or group of facilities owned by one entity engaged in the fitting and dispensing of hearing aids.

Sec. 2. Section 6, chapter 106, Laws of 1973 1st ex. sess. as last amended by section 6, chapter 39, Laws of 1983 and RCW 18.35.060 are each amended to read as follows:

(1) The department shall issue a trainee license to any applicant who has shown to the satisfaction of the department that:

(a) The applicant is at least eighteen years of age;

(b) If issued a trainee license, would be employed and directly supervised in the fitting and dispensing of hearing aids by a person licensed in good standing as a fitter-dispenser for at least one year unless otherwise approved by the council; and

(c) Has paid an application fee determined by the director as provided in RCW ((~~43.24.085 as now or hereafter amended~~)) 43.24.086, to the department.

The provisions of RCW 18.35.030 ((~~and~~)), 18.35.110 ((~~through 18.35.130~~)), and 18.35.120 shall apply to any person issued a trainee license. Pursuant to the provisions of this section, a person issued a trainee license may engage in the fitting and dispensing of hearing aids without having first passed the examination provided under this chapter.

(2) The trainee license shall contain the name of the person licensed under this chapter who is employing and supervising the trainee and that person shall execute an acknowledgment of responsibility for all acts of the trainee in connection with the fitting and dispensing of hearing aids.

(3) A trainee may fit and dispense hearing aids, but only if the trainee is under the direct supervision of a person licensed under this chapter in a capacity other than as a trainee. Direct supervision by a licensed fitter-dispenser shall be required whenever the trainee is engaged in the fitting or dispensing of hearing aids during the trainee's first three months of full-time employment. ((~~The council shall develop and adopt guidelines on any additional supervision or training it deems necessary.~~))

(4) The trainee license shall expire one year from the date of its issuance except that on recommendation of the council the license may be reissued for one additional year only.

(5) No person licensed under this chapter may assume the responsibility for more than two trainees at any one time, except that the department may approve one additional trainee if none of the trainees is within the initial ninety-day period of direct supervision and the licensee demonstrates to the department's satisfaction that adequate supervision will be provided for all trainees.

Sec. 3. Section 8, chapter 106, Laws of 1973 1st ex. sess. as amended by section 38, chapter 30, Laws of 1975 1st ex. sess. and RCW 18.35.080 are each amended to read as follows:

The department shall license each applicant, without discrimination, who satisfactorily completes the required examination and, upon payment of a fee determined by the director as provided in RCW ((~~43.24.085 as now or hereafter amended~~)) 43.24.086 to the department, shall issue to the applicant a license. ((~~The license shall be effective until December 31st of the year in which it is issued.~~))

Sec. 4. Section 9, chapter 106, Laws of 1973 1st ex. sess. as amended by section 7, chapter 39, Laws of 1983 and RCW 18.35.090 are each amended to read as follows:

Each person who engages in the fitting and dispensing of hearing aids shall ((~~annually, on the anniversary of~~)) renew his or her license((~~, or~~)) as the department prescribes by rule, pay to the department a fee established by the director under RCW ((~~43.24.085~~)) 43.24.086 for a renewal of the license and shall keep the license conspicuously posted in the place of business at all times. A thirty-day grace period shall be allowed after the applicable renewal date during which licenses may be renewed on payment of a penalty fee established by the director under RCW ((~~43.24.085~~)) 43.24.086. Any person who fails to renew his or her license prior to the expiration of the grace period must satisfy the requirements of this chapter for initial licensure, including taking a new examination. The director may by rule establish mandatory continuing education requirements and/or continued competency standards to be met by licensees as a condition for license renewal.

Sec. 5. Section 14, chapter 106, Laws of 1973 1st ex. sess. as amended by section 11, chapter 39, Laws of 1983 and RCW 18.35.140 are each amended to read as follows:

The powers and duties of the department, in addition to the powers and duties provided under other sections of this chapter, are as follows:

(1) To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for license.

(2) To authorize all disbursements necessary to carry out the provisions of this chapter.

(3) To require the periodic examination of the audiometric testing equipment and to carry out the periodic inspection of facilities of persons who deal in hearing aids, as reasonably required within the discretion of the department.

(4) To adopt rules establishing minimum standards and procedures in the fitting and dispensing of hearing aids as deemed appropriate and in the public interest.

(5) To adopt any other rules necessary to implement this chapter not inconsistent with it.

(6) To conduct all disciplinary proceedings under this chapter. All hearings conducted and all rules adopted shall be in accordance with chapter 34.04 RCW. If, following a hearing, the department finds that an applicant or licensee has violated any section of this chapter or any of the rules promulgated under it, the department may enter an order imposing one or more of the following penalties:

(a) Denial of initial license or renewal;

(b) Revocation or suspension of license;

(d) Issuance of a reprimand or letter of censure;

(e) Placement of the licensee on probation for a period of time;

(f) Restriction of the licensee's authorized scope of practice; and

(g) Requiring the licensee to make restitution to any individual injured by the violation.

Sec. 6. Section 15, chapter 106, Laws of 1973 1st ex. sess. as last amended by section 33, chapter 287, Laws of 1984 and RCW 18.35.150 are each amended to read as follows:

(1) There is created hereby the council on hearing aids. The council shall consist of ((~~nine~~)) seven members to be appointed by the governor.

(2) Members of the council shall be residents of this state. ((~~Five~~)) Four members shall be persons experienced in the fitting of hearing aids who shall hold valid licenses under this chapter. At least three of these individuals shall be principally engaged in the active operation of a retail-for-profit hearing aid establishment. One member shall be a medical doctor specializing in diseases of the ear with no involvement in a hearing aid establishment. One member shall be a nondispensing audiologist with no involvement in the practice of fitting and dispensing hearing aids as defined by this chapter. ((~~Two~~)) One member((s)) shall represent the public.

(3) The term of office of a member is three years, except that the governor may appoint the initial members to one or two year terms to ensure an orderly succession of members. A member shall continue to serve until a successor has been appointed and qualifies. Before a member's term expires, the governor shall appoint a successor to assume his duties at the expiration of his predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term.

(4) The chairman of the council shall be elected from the membership of the council at the beginning of each year.

(5) The council shall meet at least once each year, at a place, day and hour determined by the council, unless otherwise directed by a majority of council members. The council shall also meet at such other times and places as are requested by the department or by three members of the council.

(6) Members of the council shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 7. Section 13, chapter 39, Laws of 1983 and RCW 18.35.161 are each amended to read as follows:

The council shall have the following powers and duties:

(1) To ((~~establish by rule such~~)) recommend to the department rules establishing minimum standards ((~~and~~)) of procedures in the fitting and dispensing of hearing aids as deemed appropriate and in the public interest;

(2) To develop guidelines on the training and supervision of trainees;

(3) To ((~~adopt~~)) recommend to the department any other rules or regulations necessary to implement this chapter and which are not inconsistent with it; and

(4) To develop, approve, and administer all licensing examinations required by this chapter((~~; and~~

(5) To conduct all disciplinary proceedings pursuant to this chapter. All hearings conducted and all rules adopted shall be in accordance with chapter 34.04 RCW. If, following a hearing, the council finds that an applicant or licensee has violated any section of this chapter or any of the rules promulgated under it, the council may enter an order imposing one or more of the following penalties:

~~(a) Denial of an initial license or renewal;~~

~~(b) Revocation or suspension of license;~~

~~(c) A fine not to exceed one thousand dollars for each separate offense;~~

~~(d) Issuance of a reprimand or letter of censure;~~

~~(e) Placement of the licensee on probation for a period of time;~~

~~(f) Restriction of the licensee's authorized scope of practice; or~~

~~(g) Requiring the licensee to make restitution to any individual injured by the violation~~)).

Sec. 8. Section 19, chapter 106, Laws of 1973 1st ex. sess. as amended by section 14, chapter 39, Laws of 1983 and RCW 18.35.190 are each amended to read as follows:

(1) In addition to remedies otherwise provided by law, in any action brought by or on behalf of a person required to be licensed hereunder, or by any assignee or transferee thereof, arising out of the business of fitting and dispensing of hearing aids, it shall be necessary to allege and prove that the licensee at the time of the transaction held a valid license as required by this chapter, and that such license has not been suspended or revoked pursuant to RCW 18.35.110 or 18.35.120.

(2) Any person who shall engage in the fitting and dispensing of hearing aids without having obtained a license or who shall wilfully and intentionally violate any of the provisions of this chapter shall be guilty of a gross misdemeanor punishable by a fine not to exceed five thousand dollars per violation or by imprisonment in the county jail for a period not to exceed six months, or both.

(3) In addition to any other rights and remedies a purchaser may have, the purchaser of a hearing aid shall have the right to rescind the transaction for other than the seller's breach if:

(a) The purchaser, for reasonable cause, returns the hearing aid or holds it at the seller's disposal: PROVIDED, That the hearing aid is in its original condition less normal wear and tear. "Reasonable cause" shall ((~~be defined by the council but shall not include a mere change of mind on the part of the purchaser or a change of mind related to cosmetic concerns of the purchaser in wearing a hearing aid~~)) not include a mere change of mind on the part of the purchaser or a change of mind related to cosmetic concerns of the purchaser in wearing a hearing aid. Any violation of chapter 18.35 RCW or any related section of the Washington Administrative Code, during the course of the transaction that bears upon the selection and fitting of the hearing aid is grounds for rescission of transaction and considered "reasonable cause." A written statement by a licensed physician, within thirty days of delivery, stating the medical reasons the purchaser cannot wear a hearing aid shall constitute grounds for rescission of the transaction and be considered "reasonable cause"; and

(b) By sending notice of such cancellation to the licensee at the licensee's place of business by certified mail, return receipt requested, which shall be posted not later than thirty days following the date of delivery: PROVIDED, That in the event of cancellation pursuant to this subsection or as otherwise provided by law, the licensee shall, without request, refund to the purchaser postmarked within ten days after such cancellation all deposits, including any down payment less fifteen percent of the total purchase price or one hundred dollars per hearing aid, whichever is less, and shall return all goods traded in to the licensee on account or in contemplation of the sale less any reasonable costs actually incurred in making ready for sale, goods so traded in: AND PROVIDED FURTHER, That the buyer shall incur no additional liability for such cancellation.

(c) Where a purchaser has taken the steps described in subsections (a) and (b) above to cancel the purchase, and the purchaser subsequently agrees with the seller to extend the trial or rescission period, the purchaser remains entitled to receive the refund described in RCW 18.35.190(3)(b) upon demand made within sixty days of the original date of delivery or such other time as agreed to in writing by both parties. Written notice of the last date for demanding a refund shall be provided to the purchaser at the time the trial or recision period is extended.