WSR 99-01-097

PROPOSED RULES

DEPARTMENT OF HEALTH

[Filed December 17, 1998, 10:02 a.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 97-22-089.

Title of Rule: Interim permit requirements.

Purpose: To provide guidelines for individuals who, except for the postgraduate experience and examination requirements meet the academic and practicum requirements to practice under interim permit supervision.

Statutory Authority for Adoption: RCW 18.35.161(3).

Statute Being Implemented: RCW 18.35.060(6).

Summary: The proposed rule will provide interim permit holders, supervisors and consumers of hearing and speech services with clear conditions that must be followed by the supervisor and interim permit holder.

Reasons Supporting Proposal: There is a potential for physical, economical and mental harm to consumers due to inadequately supervised interim permit holders. Interim permit holders practicing without definite conditions and supervision may fail to recognize early signs of chronic disease or misuse hearing instrumentation, causing infections or lacerations of the ear or perforation of the ear drum.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Department of Health, Board of Hearing and Speech, 1300 Quince Street, Olympia, WA, (360) 236-4916.

Name of Proponent: Washington Speech and Hearing Association, private.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: As required by RCW 18.35.060(6) the proposed rule sets conditions for the interim permit. Interim permit holders, supervisors and consumers will be provided with clear conditions that must be followed by the supervisor and the interim permit holder.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There is no disproportionate affect on small and large entities.

RCW 34.05.328 does not apply to this rule adoption. The rule does not subject a person to a penalty or sanction; does not establish, alter or revoke a qualification or standard for certification or licensure; and does not make significant amendments to a policy or regulatory program. This rule identifies audiology and speech-language pathology interim permit requirements as required by RCW 18.35.060(6).

Hearing Location: Department of Health, 1101 South Eastside, Olympia, WA 98504, on February 19, 1999, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Betty Bird by January 25, 1999, TDD (800) 525-0127 or (360) 236-4916.

Submit Written Comments to: Diane Young, Department of Health, P.O. Box 47869, Olympia, WA 98504-7869, fax (360) 236-4918, by February 15, 1999.

Date of Intended Adoption: February 19, 1999.

December 4, 1998

Sheila Winkler, Chair

Board of Hearing and Speech

OTS-2639.2

NEW SECTION



WAC 246-828-045  Interim permit. Interim permit requirements.

(1) The department will issue an interim permit to any applicant who has shown to the satisfaction of the department that the applicant:

(a) Is supervised by a speech-language pathologist or audiologist certified under chapter 18.35 RCW, in good standing for at least two years unless otherwise approved by the board.

(i) Supervision includes the personal and direct involvement of the supervisor. The supervisor must directly observe diagnostic and therapeutic procedures.

(ii) All purchase agreements for the sale of hearing instruments must be signed by the supervisor and the permit holder.

(iii) No certified audiologist or speech-language pathologist under chapter 18.35 RCW may assume the responsibility for more than one permit holder.

(iv) The supervisor is responsible for all acts of the interim permit holder in connection with audiology or speech-language pathology services during the duration of the permit.

(b) Has paid the application and permit fee.

(c) Has not committed unprofessional conduct as specified by the Uniform Disciplinary Act or chapter 18.35 RCW.

(2) The provisions of RCW 18.35.030, 18.35.110, 18.35.120 shall apply to any person issued an interim permit. A person issued an audiology interim permit may engage in the fitting and dispensing of hearing instruments.

(3) The interim permit shall contain the name and title of the certified supervisor under chapter 18.35 RCW who is supervising the permit holder. The supervisor shall execute and submit to the department acknowledgment of responsibility for all acts of the permit holder in connection with audiology or speech-language pathology services.

Interim permit period.

(4) The interim permit period is divided into three equal segments. The supervisor must complete a minimum of:

(a) No less than thirty-six supervisory activities spaced uniformly throughout the year.

(b) At least eighteen on-site observations (one hour equals one on-site observation). At least six on-site observations must be accrued during each segment (up to six hours may be accrued in one day).

(c) Eighteen other monitoring activities, at least six per segment.

(d) Upon the completion of each segment the supervisor must submit documentation of completion to the department on a form provided by the department.

(e) A review of all purchase agreements in the fitting and dispensing of hearing instruments prior to signing. All purchase agreements will be signed by the supervisor.

(5) The interim permit is valid for one year or for the duration of the postgraduate experience. The interim permit will expire one year from the date of its issuance. The board may extend the permit an additional six months.

Supervisor delegation.

(6) Portions of the supervisory activities including the supervision in hearing instrument fitting and dispensing may be obtained in another facility and may be under the supervision of another certified speech-language pathologist or audiologist as delegated by the supervisor of record.

(a) The audiologist supervisor of record may delegate the supervision of hearing instrument fitting and dispensing to a licensed hearing instrument fitter/dispenser who has been licensed in good standing for at least two years.

(b) Delegation of the responsibility of supervision must be approved by the department.

(7) The department may approve transfer of a permit holder to another eligible supervisor upon the written request of either the supervisor or the permit holder.

(8) It is the responsibility of the permit holder to immediately report the termination of the supervisor to the department in writing, by certified mail.

(9) The supervisor of a permit holder who desires to terminate the responsibility as supervisor must immediately notify the department in writing, by certified mail, of the termination. The supervisor is responsible for the permit holder until such time as the notification of termination to the department is deposited in the United States mail.



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