BILL REQ. #: H-2853.2
State of Washington | 63rd Legislature | 2014 Regular Session |
Prefiled 12/04/13. Read first time 01/13/14. Referred to Committee on Health Care & Wellness.
AN ACT Relating to hearing instrument fitter/dispensers; amending RCW 18.35.010, 18.35.020, 18.35.040, 18.35.050, 18.35.070, 18.35.090, 18.35.095, 18.35.100, 18.35.105, 18.35.110, 18.35.120, 18.35.140, 18.35.150, 18.35.161, 18.35.172, 18.35.175, 18.35.185, 18.35.190, 18.35.195, 18.35.205, 18.35.230, 18.35.240, 18.35.250, and 18.35.260; adding new sections to chapter 18.35 RCW; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 18.35 RCW
to read as follows:
(1) The department shall issue an apprentice hearing aid specialist
permit to any applicant who meets the following requirements:
(a) Either:
(i) Possession of a two-year or four-year degree from an accredited
institution of higher education; or
(ii) Current enrollment in a two-year or four-year degree program
in an accredited institution of higher education; and
(b) Designation of a licensed hearing aid specialist or licensed
audiologist who has agreed to act as the applicant's supervisor under
sections 2 and 3 of this act.
(2) The applicant shall complete an application form designated by
the department and pay an application fee set by the secretary under
RCW 43.70.250. The application form must be signed by both the
applicant and the licensed hearing aid specialist or licensed
audiologist who has agreed to act as the applicant's supervisor.
(3) An apprentice hearing aid specialist permit issued under this
section expires twenty-four months after issuance and may be renewed
once for a period of twelve months.
NEW SECTION. Sec. 2 A new section is added to chapter 18.35 RCW
to read as follows:
(1) Except as provided in subsection (2) of this section, an
apprentice hearing aid specialist may engage in the fitting and
dispensing of hearing instruments only under the direct supervision of
a licensed hearing aid specialist or licensed audiologist.
(2) An apprentice hearing aid specialist may engage in the fitting
and dispensing of hearing instruments under the indirect supervision of
a licensed hearing aid specialist or licensed audiologist only after
the supervising hearing aid specialist or audiologist notifies the
department and the board that the apprentice hearing aid specialist
has:
(a) Completed at least five hundred twenty hours of practical
training under the direct supervision of the hearing aid specialist or
audiologist. The training must include at least the following:
(i) Audiometric testing;
(ii) Counseling regarding hearing examinations;
(iii) Hearing instrument selection;
(iv) Ear-mold impressions;
(v) Hearing instrument fitting and follow-up care; and
(vi) Business practices, including ethics, regulations, and
sanitation and infection control; and
(b) Successfully completed the international hearing society's
distance learning program for professionals in hearing health sciences
or other program approved by the board.
(3) While under direct supervision under this section, the
apprentice hearing aid specialist must obtain the evaluation and
consultation of his or her supervising hearing aid specialist or
audiologist whenever the apprentice hearing aid specialist is engaged
in the act of fitting and dispensing hearing instruments.
(4) While under indirect supervision under this section, the
apprentice hearing aid specialist must obtain a review by his or her
supervising hearing aid specialist or audiologist prior to fitting and
dispensing hearing instruments.
NEW SECTION. Sec. 3 A new section is added to chapter 18.35 RCW
to read as follows:
(1) A hearing aid specialist or audiologist may supervise an
apprentice hearing aid specialist only if:
(a) The hearing aid specialist or audiologist has been licensed in
good standing under this chapter for at least two years;
(b) The hearing aid specialist or audiologist practices in an
established place of business; and
(c) The hearing aid specialist or audiologist is responsible for
all activities and training of the apprentice hearing aid specialist
under this chapter.
(2) A hearing aid specialist or audiologist may supervise no more
than three apprentice hearing aid specialists at any one time.
(3) An apprentice hearing aid specialist shall notify the
department and the board within ten working days if:
(a) His or her relationship with his or her existing supervisor is
terminated; or
(b) He or she designates a new supervisor who meets the
requirements of this section.
Sec. 4 RCW 18.35.010 and 2009 c 301 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Apprentice hearing aid specialist" means a person holding a
permit issued under section 1 of this act who fits and dispenses
hearing instruments under the supervision of a hearing aid specialist
or audiologist under sections 2 and 3 of this act.
(2) "Assistive listening device or system" means an amplification
system that is specifically designed to improve the signal to noise
ratio for the listener, reduce interference from noise in the
background, and enhance hearing levels at a distance by picking up
sound from as close to source as possible and sending it directly to
the ear of the listener, excluding hearing instruments as defined in
this chapter.
(((2))) (3) "Audiology" means the application of principles,
methods, and procedures related to hearing and the disorders of hearing
and to related language and speech disorders, whether of organic or
nonorganic origin, peripheral or central, that impede the normal
process of human communication including, but not limited to, disorders
of auditory sensitivity, acuity, function, processing, or vestibular
function, the application of aural habilitation, rehabilitation, and
appropriate devices including fitting and dispensing of hearing
instruments, and cerumen management to treat such disorders.
(((3))) (4) "Board" means the board of hearing and speech.
(((4))) (5) "Department" means the department of health.
(((5))) (6) "Direct supervision" means the supervising speech-language pathologist, hearing aid specialist, or audiologist is on-site
and in view during the procedures or tasks. The board shall develop
rules outlining the procedures or tasks allowable under direct
supervision.
(((6))) (7) "Establishment" means any permanent site housing a
person engaging in the practice of fitting and dispensing of hearing
instruments by a hearing ((instrument fitter/dispenser)) aid specialist
or audiologist; where the client can have personal contact and counsel
during the firm's business hours; where business is conducted; and the
address of which is given to the state for the purpose of bonding.
(((7))) (8) "Facility" means any permanent site housing a person
engaging in the practice of speech-language pathology and/or audiology,
excluding the sale, lease, or rental of hearing instruments.
(((8))) (9) "Fitting and dispensing of hearing instruments" means
the sale, lease, or rental or attempted sale, lease, or rental of
hearing instruments together with the selection and modification of
hearing instruments and the administration of nondiagnostic tests as
specified by RCW 18.35.110 and the use of procedures essential to the
performance of these functions; and includes recommending specific
hearing instrument systems, specific hearing instruments, or specific
hearing instrument characteristics, the taking of impressions for ear
molds for these purposes, the use of nondiagnostic procedures and
equipment to verify the appropriateness of the hearing instrument
fitting, and hearing instrument orientation. The fitting and
dispensing of hearing instruments as defined by this chapter may be
equally provided by a licensed hearing ((instrument fitter/dispenser))
aid specialist or licensed audiologist.
(((9))) (10) "Good standing" means a licensed hearing ((instrument
fitter/dispenser)) aid specialist, licensed audiologist, licensed
speech-language pathologist, or certified speech-language pathology
assistant whose license or certification has not been subject to
sanctions pursuant to chapter 18.130 RCW or sanctions by other states,
territories, or the District of Columbia in the last two years.
(((10))) (11) "Hearing aid specialist" means a person who is
licensed to engage in the practice of fitting and dispensing of hearing
instruments and meets the qualifications of this chapter.
(12) "Hearing health care professional" means an audiologist or
hearing ((instrument fitter/dispenser)) aid specialist licensed under
this chapter or a physician specializing in diseases of the ear
licensed under chapter 18.71 RCW.
(((11))) (13) "Hearing instrument" 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, ear molds, and assistive listening devices.
(((12) "Hearing instrument fitter/dispenser" means a person who is
licensed to engage in the practice of fitting and dispensing of hearing
instruments and meets the qualifications of this chapter.)) (14) "Indirect supervision" means the procedures or tasks
are performed under the speech-language pathologist((
(13)'s)), the hearing
aid specialist, or the audiologist's overall direction and control, but
the speech-language pathologist(('s)), hearing aid specialist, or
audiologist's presence is not required during the performance of the
procedures or tasks. The board shall develop rules outlining the
procedures or tasks allowable under indirect supervision.
(((14))) (15) "Interim permit holder" means a person who holds the
permit created under RCW 18.35.060 and who practices under the
supervision of a licensed hearing ((instrument fitter/dispenser)) aid
specialist, licensed speech-language pathologist, or licensed
audiologist.
(((15))) (16) "Licensed audiologist" means a person who is licensed
by the department to engage in the practice of audiology and meets the
qualifications in this chapter.
(((16))) (17) "Licensed speech-language pathologist" means a person
who is licensed by the department to engage in the practice of speech-language pathology and meets the qualifications of this chapter.
(((17))) (18) "Secretary" means the secretary of health.
(((18))) (19) "Speech-language pathology" means the application of
principles, methods, and procedures related to the development and
disorders, whether of organic or nonorganic origin, that impede oral,
pharyngeal, or laryngeal sensorimotor competencies and the normal
process of human communication including, but not limited to, disorders
and related disorders of speech, articulation, fluency, voice, verbal
and written language, auditory comprehension, cognition/communication,
and the application of augmentative communication treatment and devices
for treatment of such disorders.
(((19))) (20) "Speech-language pathology assistant" means a person
who is certified by the department to provide speech-language pathology
services under the direction and supervision of a licensed speech-language pathologist or speech-language pathologist certified as an
educational staff associate by the superintendent of public
instruction, and meets all of the requirements of this chapter.
Sec. 5 RCW 18.35.020 and 2006 c 263 s 801 are each amended to
read as follows:
(1) No person shall engage in the fitting and dispensing of hearing
instruments or imply or represent that he or she is engaged in the
fitting and dispensing of hearing instruments unless he or she is a
licensed hearing ((instrument fitter/dispenser)) aid specialist, an
apprentice hearing aid specialist, or a licensed audiologist or holds
an interim permit issued by the department as provided in this chapter
and is an owner or employee of an establishment that is bonded as
provided by RCW 18.35.240. The owner or manager of an establishment
that dispenses hearing instruments is responsible under this chapter
for all transactions made in the establishment name or conducted on its
premises by agents or persons employed by the establishment engaged in
fitting and dispensing of hearing instruments. Every establishment
that fits and dispenses shall have in its employ at least one licensed
hearing ((instrument fitter/dispenser)) aid specialist or licensed
audiologist at all times, and shall annually submit proof that all
testing equipment at that establishment that is required by the board
to be calibrated has been properly calibrated.
(2) Effective January 1, 2003, no person shall engage in the
practice of audiology or imply or represent that he or she is engaged
in the practice of audiology unless he or she is a licensed audiologist
or holds an audiology interim permit issued by the department as
provided in this chapter. Audiologists who are certified as
educational staff associates by the Washington professional educator
standards board are excluded unless they elect to become licensed under
this chapter. However, a person certified by the state board of
education as an educational staff associate who practices outside the
school setting must be a licensed audiologist.
(3) Effective January 1, 2003, no person shall engage in the
practice of speech-language pathology or imply or represent that he or
she is engaged in the practice of speech-language pathology unless he
or she is a licensed speech-language pathologist or holds a speech-language pathology interim permit issued by the department as provided
in this chapter. Speech-language pathologists who are certified as
educational staff associates by the state board of education are
excluded unless they elect to become licensed under this chapter.
However, a person certified by the state board of education as an
educational staff associate who practices outside the school setting
must be a licensed speech-language pathologist.
Sec. 6 RCW 18.35.040 and 2009 c 301 s 3 are each amended to read
as follows:
(1) An applicant for licensure as a hearing ((instrument
fitter/dispenser)) aid specialist must have the following minimum
qualifications and shall pay a fee determined by the secretary as
provided in RCW 43.70.250. An applicant shall be issued a license
under the provisions of this chapter if the applicant has not committed
unprofessional conduct as specified by chapter 18.130 RCW, and:
(a)(i) Satisfactorily completes the hearing ((instrument
fitter/dispenser)) aid specialist examination required by this chapter;
and
(ii) Satisfactorily completes:
(A) A minimum of a two-year degree program in hearing ((instrument
fitter/dispenser)) aid specialist instruction. The program must be
approved by the board; or
(B) A two-year or four-year degree from an accredited institution
of higher education and an apprenticeship under sections 1 through 3 of
this act; or
(b) Holds a current, unsuspended, unrevoked license from another
jurisdiction if the standards for licensing in such other jurisdiction
are substantially equivalent to those prevailing in this state as
provided in (a) of this subsection; or
(c)(i) Holds a current, unsuspended, unrevoked license from another
jurisdiction, has been actively practicing as a licensed hearing aid
((fitter/dispenser)) specialist in another jurisdiction for at least
forty-eight of the last sixty months, and submits proof of completion
of advance certification from either the international hearing society
or the national board for certification in hearing instrument sciences;
and
(ii) Satisfactorily completes the hearing ((instrument
fitter/dispenser)) aid specialist examination required by this chapter
or a substantially equivalent examination approved by the board.
The applicant must present proof of qualifications to the board in
the manner and on forms prescribed by the secretary and proof of
completion of a minimum of four clock hours of AIDS education and
training pursuant to rules adopted by the board.
(2)(a) An applicant for licensure as a speech-language pathologist
or audiologist must have the following minimum qualifications:
(i) Has not committed unprofessional conduct as specified by the
uniform disciplinary act;
(ii) Has a master's degree or the equivalent, or a doctorate degree
or the equivalent, from a program at a board-approved institution of
higher learning, which includes completion of a supervised clinical
practicum experience as defined by rules adopted by the board; and
(iii) Has completed postgraduate professional work experience
approved by the board.
(b) All qualified applicants must satisfactorily complete the
speech-language pathology or audiology examinations required by this
chapter.
(c) The applicant must present proof of qualifications to the board
in the manner and on forms prescribed by the secretary and proof of
completion of a minimum of four clock hours of AIDS education and
training pursuant to rules adopted by the board.
(3) An applicant for certification as a speech-language pathology
assistant shall pay a fee determined by the secretary as provided in
RCW 43.70.250 and must have the following minimum qualifications:
(a) An associate of arts or sciences degree, or a certificate of
proficiency, from a speech-language pathology assistant program from an
institution of higher education that is approved by the board, as is
evidenced by the following:
(i) Transcripts showing forty-five quarter hours or thirty semester
hours of speech-language pathology coursework; and
(ii) Transcripts showing forty-five quarter hours or thirty
semester hours of general education credit; or
(b) A bachelor of arts or bachelor of sciences degree, as evidenced
by transcripts, from a speech, language, and hearing program from an
institution of higher education that is approved by the board.
Sec. 7 RCW 18.35.050 and 2002 c 310 s 5 are each amended to read
as follows:
Except as otherwise provided in this chapter an applicant for
license shall appear at a time and place and before such persons as the
department may designate to be examined by written or practical tests,
or both. Examinations in hearing ((instrument fitting/dispensing)) aid
specialist, speech-language pathology, and audiology shall be held
within the state at least once a year. The examinations shall be
reviewed annually by the board and the department, and revised as
necessary. The examinations shall include appropriate subject matter
to ensure the competence of the applicant. Nationally recognized
examinations in the fields of fitting and dispensing of hearing
instruments, speech-language pathology, and audiology may be used to
determine if applicants are qualified for licensure. An applicant who
fails an examination may apply for reexamination upon payment of a
reexamination fee. The hearing ((instrument fitting/dispensing)) aid
specialist reexamination fee for hearing ((instrument
fitter/dispensers)) aid specialists and audiologists shall be set by
the secretary under RCW 43.70.250.
Sec. 8 RCW 18.35.070 and 1996 c 200 s 8 are each amended to read
as follows:
The hearing ((instrument fitter/dispenser)) aid specialist written
or practical examination, or both, provided in RCW 18.35.050 shall
consist of:
(1) Tests of knowledge in the following areas as they pertain to
the fitting of hearing instruments:
(a) Basic physics of sound;
(b) The human hearing mechanism, including the science of hearing
and the causes and rehabilitation of abnormal hearing and hearing
disorders; and
(c) Structure and function of hearing instruments.
(2) Tests of proficiency in the following areas as they pertain to
the fitting of hearing instruments:
(a) Pure tone audiometry, including air conduction testing and bone
conduction testing;
(b) Live voice or recorded voice speech audiometry, including
speech reception threshold testing and speech discrimination testing;
(c) Effective masking;
(d) Recording and evaluation of audiograms and speech audiometry to
determine hearing instrument candidacy;
(e) Selection and adaptation of hearing instruments and testing of
hearing instruments; and
(f) Taking ear mold impressions.
(3) Evidence of knowledge regarding the medical and rehabilitation
facilities for children and adults that are available in the area
served.
(4) Evidence of knowledge of grounds for revocation or suspension
of license under the provisions of this chapter.
(5) Any other tests as the board may by rule establish.
Sec. 9 RCW 18.35.090 and 2002 c 310 s 8 are each amended to read
as follows:
Each person who engages in practice under this chapter shall comply
with administrative procedures and administrative requirements
established under RCW 43.70.250 and 43.70.280 and shall keep the
license or ((interim)) permit conspicuously posted in the place of
business at all times. The secretary may establish mandatory
continuing education requirements and/or continued competency standards
to be met by licensees or ((interim)) permit holders as a condition for
license or ((interim)) permit renewal.
Sec. 10 RCW 18.35.095 and 2009 c 301 s 4 are each amended to read
as follows:
(1) A hearing ((instrument fitter/dispenser)) aid specialist
licensed under this chapter and not actively practicing may be placed
on inactive status by the department at the written request of the
licensee. The board shall define by rule the conditions for inactive
status licensure. In addition to the requirements of RCW 43.24.086,
the licensing fee for a licensee on inactive status shall be directly
related to the costs of administering an inactive license by the
department. A hearing ((instrument fitter/dispenser)) aid specialist
on inactive status may be voluntarily placed on active status by
notifying the department in writing, paying the remainder of the
licensing fee for the licensing year, and complying with subsection (2)
of this section.
(2) Hearing ((instrument fitter/dispenser)) aid specialist inactive
licensees applying for active licensure shall comply with the
following: A licensee who has not fitted or dispensed hearing
instruments for more than five years from the expiration of the
licensee's full fee license shall retake the practical or the written,
or both, hearing ((instrument fitter/dispenser)) aid specialist
examinations required under this chapter and other requirements as
determined by the board. Persons who have inactive status in this
state but who are actively licensed and in good standing in any other
state shall not be required to take the hearing ((instrument
fitter/dispenser)) aid specialist practical examination, but must
submit an affidavit attesting to their knowledge of the current
Washington Administrative Code rules and Revised Code of Washington
statutes pertaining to the fitting and dispensing of hearing
instruments.
(3) A speech-language pathologist or audiologist licensed under
this chapter, or a speech-language pathology assistant certified under
this chapter, and not actively practicing either speech-language
pathology or audiology may be placed on inactive status by the
department at the written request of the license or certification
holder. The board shall define by rule the conditions for inactive
status licensure or certification. In addition to the requirements of
RCW 43.24.086, the fee for a license or certification on inactive
status shall be directly related to the cost of administering an
inactive license or certification by the department. A person on
inactive status may be voluntarily placed on active status by notifying
the department in writing, paying the remainder of the fee for the
year, and complying with subsection (4) of this section.
(4) Speech-language pathologist, speech-language pathology
assistant, or audiologist inactive license or certification holders
applying for active licensure or certification shall comply with
requirements set forth by the board, which may include completion of
continuing competency requirements and taking an examination.
Sec. 11 RCW 18.35.100 and 2002 c 310 s 10 are each amended to
read as follows:
(1) Every hearing ((instrument fitter/dispenser)) aid specialist,
audiologist, speech-language pathologist, apprentice hearing aid
specialist, or interim permit holder, who is regulated under this
chapter, shall notify the department in writing of the regular address
of the place or places in the state of Washington where the person
practices or intends to practice more than twenty consecutive business
days and of any change thereof within ten days of such change. Failure
to notify the department in writing shall be grounds for suspension or
revocation of the license or ((interim)) permit.
(2) The department shall keep a record of the places of business of
persons who hold licenses or ((interim)) permits.
(3) Any notice required to be given by the department to a person
who holds a license or ((interim)) permit may be given by mailing it to
the address of the last establishment or facility of which the person
has notified the department, except that notice to a licensee or
((interim)) permit holder of proceedings to deny, suspend, or revoke
the license or ((interim)) permit shall be by certified or registered
mail or by means authorized for service of process.
Sec. 12 RCW 18.35.105 and 2002 c 310 s 11 are each amended to
read as follows:
Each licensee and ((interim)) permit holder under this chapter
shall keep records of all services rendered for a minimum of three
years. These records shall contain the names and addresses of all
persons to whom services were provided. Hearing ((instrument
fitter/dispensers)) aid specialists, audiologists, apprentice hearing
aid specialists, and interim permit holders shall also record the date
the hearing instrument warranty expires, a description of the services
and the dates the services were provided, and copies of any contracts
and receipts. All records, as required pursuant to this chapter or by
rule, shall be owned by the establishment or facility and shall remain
with the establishment or facility in the event the licensee changes
employment. If a contract between the establishment or facility and
the licensee provides that the records are to remain with the licensee,
copies of such records shall be provided to the establishment or
facility.
Sec. 13 RCW 18.35.110 and 2002 c 310 s 12 are each amended to
read as follows:
In addition to causes specified under RCW 18.130.170 and
18.130.180, any person licensed or holding ((an interim)) a permit
under this chapter may be subject to disciplinary action by the board
for any of the following causes:
(1) For unethical conduct in dispensing hearing instruments.
Unethical conduct shall include, but not be limited to:
(a) Using or causing or promoting the use of, in any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation, however
disseminated or published, which is false, misleading or deceptive;
(b) Failing or refusing to honor or to perform as represented any
representation, promise, agreement, or warranty in connection with the
promotion, sale, dispensing, or fitting of the hearing instrument;
(c) Advertising a particular model, type, or kind of hearing
instrument for sale which purchasers or prospective purchasers
responding to the advertisement cannot purchase or are dissuaded from
purchasing and where it is established that the purpose of the
advertisement is to obtain prospects for the sale of a different model,
type, or kind than that advertised;
(d) Falsifying hearing test or evaluation results;
(e)(i) Whenever any of the following conditions are found or should
have been found to exist either from observations by the licensee or
((interim)) permit holder or on the basis of information furnished by
the prospective hearing instrument user prior to fitting and dispensing
a hearing instrument to any such prospective hearing instrument user,
failing to advise that prospective hearing instrument user in writing
that the user should first consult a licensed physician specializing in
diseases of the ear or if no such licensed physician is available in
the community then to any duly licensed physician:
(A) Visible congenital or traumatic deformity of the ear, including
perforation of the eardrum;
(B) History of, or active drainage from the ear within the previous
ninety days;
(C) History of sudden or rapidly progressive hearing loss within
the previous ninety days;
(D) Acute or chronic dizziness;
(E) Any unilateral hearing loss;
(F) Significant air-bone gap when generally acceptable standards
have been established as defined by the food and drug administration;
(G) Visible evidence of significant cerumen accumulation or a
foreign body in the ear canal;
(H) Pain or discomfort in the ear; or
(I) Any other conditions that the board may by rule establish. It
is a violation of this subsection for any licensee or that licensee's
employees and putative agents upon making such required referral for
medical opinion to in any manner whatsoever disparage or discourage a
prospective hearing instrument user from seeking such medical opinion
prior to the fitting and dispensing of a hearing instrument. No such
referral for medical opinion need be made by any licensed hearing
((instrument fitter/dispenser)) aid specialist, licensed audiologist,
apprentice hearing aid specialist, or interim permit holder in the
instance of replacement only of a hearing instrument which has been
lost or damaged beyond repair within twelve months of the date of
purchase. The licensed hearing ((instrument fitter/dispenser)) aid
specialist, licensed audiologist, apprentice hearing aid specialist, or
interim permit holder or their employees or putative agents shall
obtain a signed statement from the hearing instrument user documenting
the waiver of medical clearance and the waiver shall inform the
prospective user that signing the waiver is not in the user's best
health interest: PROVIDED, That the licensed hearing ((instrument
fitter/dispenser)) aid specialist, licensed audiologist, apprentice
hearing aid specialist, or interim permit holder shall maintain a copy
of either the physician's statement showing that the prospective
hearing instrument user has had a medical evaluation within the
previous six months or the statement waiving medical evaluation, for a
period of three years after the purchaser's receipt of a hearing
instrument. Nothing in this section required to be performed by a
licensee or ((interim)) permit holder shall mean that the licensee or
((interim)) permit holder is engaged in the diagnosis of illness or the
practice of medicine or any other activity prohibited under the laws of
this state;
(ii) Fitting and dispensing a hearing instrument to any person
under eighteen years of age who has not been examined and cleared for
hearing instrument use within the previous six months by a physician
specializing in otolaryngology except in the case of replacement
instruments or except in the case of the parents or guardian of such
person refusing, for good cause, to seek medical opinion: PROVIDED,
That should the parents or guardian of such person refuse, for good
cause, to seek medical opinion, the licensed hearing ((instrument
fitter/dispenser)) aid specialist or licensed audiologist shall obtain
from such parents or guardian a certificate to that effect in a form as
prescribed by the department;
(iii) Fitting and dispensing a hearing instrument to any person
under eighteen years of age who has not been examined by an audiologist
who holds at least a master's degree in audiology for recommendations
during the previous six months, without first advising such person or
his or her parents or guardian in writing that he or she should first
consult an audiologist who holds at least a master's degree in
audiology, except in cases of hearing instruments replaced within
twelve months of their purchase;
(f) Representing that the services or advice of a person licensed
to practice medicine and surgery under chapter 18.71 RCW or osteopathic
medicine and surgery under chapter 18.57 RCW or of a clinical
audiologist will be used or made available in the selection, fitting,
adjustment, maintenance, or repair of hearing instruments when that is
not true, or using the word "doctor," "clinic," or other like words,
abbreviations, or symbols which tend to connote a medical or
osteopathic medicine and surgery profession when such use is not
accurate;
(g) Permitting another to use his or her license or ((interim))
permit;
(h) Stating or implying that the use of any hearing instrument will
restore normal hearing, preserve hearing, prevent or retard progression
of a hearing impairment, or any other false, misleading, or medically
or audiologically unsupportable claim regarding the efficiency of a
hearing instrument;
(i) Representing or implying that a hearing instrument is or will
be "custom-made," "made to order," "prescription made," or in any other
sense specially fabricated for an individual when that is not the case;
or
(j) Directly or indirectly offering, giving, permitting, or causing
to be given, money or anything of value to any person who advised
another in a professional capacity as an inducement to influence that
person, or to have that person influence others to purchase or contract
to purchase any product sold or offered for sale by the hearing
((instrument fitter/dispenser)) aid specialist, audiologist, apprentice
hearing aid specialist, or interim permit holder, or to influence any
person to refrain from dealing in the products of competitors.
(2) Engaging in any unfair or deceptive practice or unfair method
of competition in trade within the meaning of RCW 19.86.020.
(3) Aiding or abetting any violation of the rebating laws as stated
in chapter 19.68 RCW.
Sec. 14 RCW 18.35.120 and 2002 c 310 s 13 are each amended to
read as follows:
A licensee or ((interim)) permit holder under this chapter may also
be subject to disciplinary action if the licensee or ((interim)) permit
holder:
(1) Is found guilty in any court of any crime involving forgery,
embezzlement, obtaining money under false pretenses, larceny,
extortion, or conspiracy to defraud and ten years have not elapsed
since the date of the conviction; or
(2) Has a judgment entered against him or her in any civil action
involving forgery, embezzlement, obtaining money under false pretenses,
larceny, extortion, or conspiracy to defraud and five years have not
elapsed since the date of the entry of the final judgment in the
action, but a license shall not be issued unless the judgment debt has
been discharged; or
(3) Has a judgment entered against him or her under chapter 19.86
RCW and two years have not elapsed since the entry of the final
judgment; but a license shall not be issued unless there has been full
compliance with the terms of such judgment, if any. The judgment shall
not be grounds for denial, suspension, nonrenewal, or revocation of a
license unless the judgment arises out of and is based on acts of the
applicant, licensee, or employee of the licensee; or
(4) Commits unprofessional conduct as defined in RCW 18.130.180 of
the uniform disciplinary act.
Sec. 15 RCW 18.35.140 and 2002 c 310 s 14 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 provide space necessary to carry out the examination set
forth in RCW 18.35.070 of applicants for hearing ((instrument
fitter/dispenser)) aid specialist licenses or audiology licenses.
(2) To authorize all disbursements necessary to carry out the
provisions of this chapter.
(3) To require the periodic examination of testing equipment, as
defined by the board, and to carry out the periodic inspection of
facilities or establishments of persons who are licensed under this
chapter, as reasonably required within the discretion of the
department.
(4) To appoint advisory committees as necessary.
(5) To keep a record of proceedings under this chapter and a
register of all persons licensed or holding ((interim)) permits under
this chapter. The register shall show the name of every living
licensee or ((interim)) permit holder for hearing ((instrument
fitting/dispensing)) aid specialist, every living permit holder for
apprentice hearing aid specialist, every living licensee or interim
permit holder for speech-language pathology, and every living licensee
or interim permit holder for audiology, with his or her last known
place of residence and the date and number of his or her license or
interim permit.
Sec. 16 RCW 18.35.150 and 2009 c 301 s 5 are each amended to read
as follows:
(1) There is created hereby the board of hearing and speech to
govern the three separate professions: Hearing ((instrument
fitting/dispensing)) aid specialist, audiology, and speech-language
pathology. The board shall consist of eleven members to be appointed
by the governor.
(2) Members of the board shall be residents of this state. Three
members shall represent the public and shall have an interest in the
rights of consumers of health services, and shall not be or have been
a member of, or married to a member of, another licensing board, a
licensee of a health occupation board, an employee of a health
facility, nor derive his or her primary livelihood from the provision
of health services at any level of responsibility. Two members shall
be hearing ((instrument fitter/dispensers)) aid specialists who are
licensed under this chapter, have at least five years of experience in
the practice of hearing instrument fitting and dispensing, and must be
actively engaged in fitting and dispensing within two years of
appointment. Two members of the board shall be audiologists licensed
under this chapter who have at least five years of experience in the
practice of audiology and must be actively engaged in practice within
two years of appointment. Two members of the board shall be speech-language pathologists licensed under this chapter who have at least
five years of experience in the practice of speech-language pathology
and must be actively engaged in practice within two years of
appointment. One advisory nonvoting member shall be a speech-language
pathology assistant certified in Washington. One advisory nonvoting
member shall be a medical physician licensed in the state of
Washington.
(3) The term of office of a member is three years. Of the initial
appointments, one hearing ((instrument fitter/dispenser)) aid
specialist, one speech-language pathologist, one audiologist, and one
consumer shall be appointed for a term of two years, and one hearing
((instrument fitter/dispenser)) aid specialist, one speech-language
pathologist, one audiologist, and two consumers shall be appointed for
a term of three years. Thereafter, all appointments shall be made for
expired terms. No member shall be appointed to serve more than two
consecutive terms. A member shall continue to serve until a successor
has been appointed. The governor shall either reappoint the member or
appoint a successor to assume the member's duties at the expiration of
his or her predecessor's term. A vacancy in the office of a member
shall be filled by appointment for the unexpired term.
(4) The chair shall rotate annually among the hearing ((instrument
fitter/dispensers)) aid specialists, speech-language pathologists,
audiologists, and public members serving on the board. In the absence
of the chair, the board shall appoint an interim chair. In event of a
tie vote, the issue shall be brought to a second vote and the chair
shall refrain from voting.
(5) The board shall meet at least once each year, at a place, day
and hour determined by the board, unless otherwise directed by a
majority of board members. The board shall also meet at such other
times and places as are requested by the department or by three members
of the board. A quorum is a majority of the board. A hearing
((instrument fitter/dispenser)) aid specialist, speech-language
pathologist, and audiologist must be represented. Meetings of the
board shall be open and public, except the board may hold executive
sessions to the extent permitted by chapter 42.30 RCW.
(6) Members of the board 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.
(7) The governor may remove a member of the board for cause at the
recommendation of a majority of the board.
Sec. 17 RCW 18.35.161 and 2010 c 65 s 4 are each amended to read
as follows:
The board shall have the following powers and duties:
(1) To establish by rule such minimum standards and procedures in
the fitting and dispensing of hearing instruments as deemed appropriate
and in the public interest;
(2) To adopt any other rules necessary to implement this chapter
and which are not inconsistent with it;
(3) To develop, approve, and administer or supervise the
administration of examinations to applicants for licensure under this
chapter;
(4) To require a licensee or ((interim)) permit holder to make
restitution to any individual injured by a violation of this chapter or
chapter 18.130 RCW, the uniform disciplinary act. The authority to
require restitution does not limit the board's authority to take other
action deemed appropriate and provided for in this chapter or chapter
18.130 RCW;
(5) To pass upon the qualifications of applicants for licensure or
((interim)) permits and to certify to the secretary;
(6) To recommend requirements for continuing education and
continuing competency requirements as a prerequisite to renewing a
license or certification under this chapter;
(7) To keep an official record of all its proceedings. The record
is evidence of all proceedings of the board that are set forth in this
record;
(8) To adopt rules, if the board finds it appropriate, in response
to questions put to it by professional health associations, hearing
((instrument fitter/dispensers or)) aid specialists, audiologists,
speech-language pathologists, interim permit holders, apprentice
hearing aid specialists, and consumers in this state; and
(9) To adopt rules relating to standards of care relating to
hearing ((instrument fitter/dispensers)) aid specialists or
audiologists, including the dispensing of hearing instruments, and
relating to speech-language pathologists, including dispensing of
communication devices.
Sec. 18 RCW 18.35.172 and 2002 c 310 s 17 are each amended to
read as follows:
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses and
((interim)) permits, and the discipline of licensees and permit holders
under this chapter.
Sec. 19 RCW 18.35.175 and 2002 c 310 s 18 are each amended to
read as follows:
It is unlawful to sell, fit, or dispense a hearing instrument to a
resident of this state if the attempted sale or purchase is offered or
made by electronic means, telephone, or mail order and there is no
face-to-face contact to test or otherwise determine the needs of the
prospective purchaser. This section does not apply to the sale of
hearing instruments by wholesalers to licensees under this chapter.
Sec. 20 RCW 18.35.185 and 2002 c 310 s 19 are each amended to
read as follows:
(1) In addition to any other rights and remedies a purchaser may
have, the purchaser of a hearing instrument shall have the right to
rescind the transaction for other than the licensed hearing
((instrument fitter/dispenser)) aid specialist, licensed audiologist,
apprentice hearing aid specialist, or interim permit holder's breach
if:
(a) The purchaser, for reasonable cause, returns the hearing
instrument or holds it at the licensed hearing ((instrument
fitter/dispenser)) aid specialist, licensed audiologist, apprentice
hearing aid specialist, or interim permit holder's disposal, if the
hearing instrument is in its original condition less normal wear and
tear. "Reasonable cause" shall be defined by the board 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 about wearing a
hearing instrument; and
(b) The purchaser sends notice of the cancellation by certified
mail, return receipt requested, to the establishment employing the
licensed hearing ((instrument fitter/dispenser)) aid specialist,
licensed audiologist, apprentice hearing aid specialist, or interim
permit holder at the time the hearing instrument was originally
purchased, and the notice is posted not later than thirty days
following the date of delivery, but the purchaser and the licensed
hearing ((instrument fitter/dispenser)) aid specialist, licensed
audiologist, apprentice hearing aid specialist, or interim permit
holder may extend the deadline for posting of the notice of rescission
by mutual, written agreement. In the event the hearing instrument
develops a problem which qualifies as a reasonable cause for recision
or which prevents the purchaser from evaluating the hearing instrument,
and the purchaser notifies the establishment employing the licensed
hearing ((instrument fitter/dispenser)) aid specialist, licensed
audiologist, apprentice hearing aid specialist, or interim permit
holder of the problem during the thirty days following the date of
delivery and documents such notification, the deadline for posting the
notice of rescission shall be extended by an equal number of days as
those between the date of the notification of the problem to the date
of notification of availability for redeliveries. Where the hearing
instrument is returned to the licensed hearing ((instrument
fitter/dispenser)) aid specialist, licensed audiologist, apprentice
hearing aid specialist, or interim permit holder for any inspection for
modification or repair, and the licensed hearing ((instrument
fitter/dispenser)) aid specialist, licensed audiologist, apprentice
hearing aid specialist, or interim permit holder has notified the
purchaser that the hearing instrument is available for redelivery, and
where the purchaser has not responded by either taking possession of
the hearing instrument or instructing the licensed hearing ((instrument
fitter/dispenser)) aid specialist, licensed audiologist, apprentice
hearing aid specialist, or interim permit holder to forward it to the
purchaser, then the deadline for giving notice of the recision shall
extend no more than seven working days after this notice of
availability.
(2) If the transaction is rescinded under this section or as
otherwise provided by law and the hearing instrument is returned to the
licensed hearing ((instrument fitter/dispenser)) aid specialist,
licensed audiologist, apprentice hearing aid specialist, or interim
permit holder, the licensed hearing ((instrument fitter/dispenser)) aid
specialist, licensed audiologist, apprentice hearing aid specialist, or
interim permit holder shall refund to the purchaser any payments or
deposits for that hearing instrument. However, the licensed hearing
((instrument fitter/dispenser)) aid specialist, licensed audiologist,
apprentice hearing aid specialist, or interim permit holder may retain,
for each hearing instrument, fifteen percent of the total purchase
price or one hundred twenty-five dollars, whichever is less. After
December 31, 1996, the recision amount shall be determined by the
board. The licensed hearing ((instrument fitter/dispenser)) aid
specialist, licensed audiologist, apprentice hearing aid specialist, or
interim permit holder shall also return any goods traded in
contemplation of the sale, less any costs incurred by the licensed
hearing ((instrument fitter/dispenser)) aid specialist, licensed
audiologist, apprentice hearing aid specialist, or interim permit
holder in making those goods ready for resale. The refund shall be
made within ten business days after the rescission. The buyer shall
incur no additional liability for such rescission.
(3) For the purposes of this section, the purchaser shall have
recourse against the bond held by the establishment entering into a
purchase agreement with the buyer, as provided by RCW 18.35.240.
Sec. 21 RCW 18.35.190 and 2002 c 310 s 20 are each amended to
read as follows:
In addition to remedies otherwise provided by law, in any action
brought by or on behalf of a person required to be licensed or to hold
((an interim)) a permit under this chapter, or by any assignee or
transferee, it shall be necessary to allege and prove that the licensee
or ((interim)) permit holder at the time of the transaction held a
valid license or ((interim)) permit as required by this chapter, and
that such license or ((interim)) permit has not been suspended or
revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160.
Sec. 22 RCW 18.35.195 and 2006 c 263 s 802 are each amended to
read as follows:
(1) This chapter shall not apply to military or federal government
employees.
(2) This chapter does not prohibit or regulate:
(a) Fitting or dispensing by students enrolled in a board-approved
program who are directly supervised by a licensed hearing ((instrument
fitter/dispenser)) aid specialist, a licensed audiologist under the
provisions of this chapter, or an instructor at a two-year hearing
((instrument fitter/dispenser)) aid specialist degree program that is
approved by the board;
(b) Hearing ((instrument fitter/dispensers)) aid specialists,
speech-language pathologists, or audiologists of other states,
territories, or countries, or the District of Columbia while appearing
as clinicians of bona fide educational seminars sponsored by speech-language pathology, audiology, hearing ((instrument fitter/dispenser))
aid specialist, medical, or other healing art professional associations
so long as such activities do not go beyond the scope of practice
defined by this chapter; and
(c) The practice of audiology or speech-language pathology by
persons certified by the Washington professional educator standards
board as educational staff associates, except for those persons
electing to be licensed under this chapter. However, a person
certified by the board as an educational staff associate who practices
outside the school setting must be a licensed audiologist or licensed
speech-language pathologist.
Sec. 23 RCW 18.35.205 and 2009 c 301 s 6 are each amended to read
as follows:
The legislature finds that the public health, safety, and welfare
would best be protected by uniform regulation of hearing ((instrument
fitter/dispensers)) aid specialists, speech-language pathologists,
speech-language pathology assistants, audiologists, apprentice hearing
aid specialists, and interim permit holders throughout the state.
Therefore, the provisions of this chapter relating to the licensing of
hearing ((instrument fitter/dispensers)) aid specialists, speech-language pathologists, and audiologists, the certification of speech-language pathology assistants, and regulation of apprentice hearing aid
specialists and interim permit holders and their respective
establishments or facilities is exclusive. No political subdivision of
the state of Washington within whose jurisdiction a hearing
((instrument fitter/dispenser)) aid specialist, audiologist, or speech-language pathologist establishment or facility is located may require
any registrations, bonds, licenses, certificates, or ((interim))
permits of the establishment or facility or its employees or charge any
fee for the same or similar purposes: PROVIDED, HOWEVER, That nothing
herein shall limit or abridge the authority of any political
subdivision to levy and collect a general and nondiscriminatory license
fee levied on all businesses, or to levy a tax based upon the gross
business conducted by any firm within the political subdivision.
Sec. 24 RCW 18.35.230 and 2002 c 310 s 23 are each amended to
read as follows:
(1) Each licensee or ((interim)) permit holder shall name a
registered agent to accept service of process for any violation of this
chapter or rule adopted under this chapter.
(2) The registered agent may be released at the expiration of one
year after the license or ((interim)) permit issued under this chapter
has expired or been revoked.
(3) Failure to name a registered agent for service of process for
violations of this chapter or rules adopted under this chapter may be
grounds for disciplinary action.
Sec. 25 RCW 18.35.240 and 2002 c 310 s 24 are each amended to
read as follows:
(1) Every individual engaged in the fitting and dispensing of
hearing instruments shall be covered by a surety bond of ten thousand
dollars or more, for the benefit of any person injured or damaged as a
result of any violation by the licensee or permit holder, or their
employees or agents, of any of the provisions of this chapter or rules
adopted by the secretary.
(2) In lieu of the surety bond required by this section, the
licensee or permit holder may deposit cash or other negotiable security
in a banking institution as defined in chapter 30.04 RCW or a credit
union as defined in chapter 31.12 RCW. All obligations and remedies
relating to surety bonds shall apply to deposits and security filed in
lieu of surety bonds.
(3) If a cash deposit or other negotiable security is filed, the
licensee or permit holder shall maintain such cash or other negotiable
security for one year after discontinuing the fitting and dispensing of
hearing instruments.
(4) Each invoice for the purchase of a hearing instrument provided
to a customer must clearly display on the first page the bond number
covering the licensee or ((interim)) permit holder responsible for
fitting/dispensing the hearing instrument.
(5) All licensed hearing ((instrument fitter/dispensers)) aid
specialists, licensed audiologists, apprentice hearing aid specialists,
and permit holders must verify compliance with the requirement to hold
a surety bond or cash or other negotiable security by submitting a
signed declaration of compliance upon annual renewal of their license
or permit. Up to twenty-five percent of the credential holders may be
randomly audited for surety bond compliance after the credential is
renewed. It is the credential holder's responsibility to submit a copy
of the original surety bond or bonds, or documentation that cash or
other negotiable security is held in a banking institution during the
time period being audited. Failure to comply with the audit
documentation request or failure to supply acceptable documentation
within thirty days may result in disciplinary action.
Sec. 26 RCW 18.35.250 and 2002 c 310 s 25 are each amended to
read as follows:
(1) In addition to any other legal remedies, an action may be
brought in any court of competent jurisdiction upon the bond, cash
deposit, or security in lieu of a surety bond required by this chapter,
by any person having a claim against a licensee or ((interim)) permit
holder, agent, or employee for any violation of this chapter or any
rule adopted under this chapter. The aggregate liability of the
surety, cash deposit, or other negotiable security to all claimants
shall in no event exceed the sum of the bond. Claims shall be
satisfied in the order of judgment rendered.
(2) An action upon the bond, cash deposit, or other negotiable
security shall be commenced by serving and filing a complaint.
Sec. 27 RCW 18.35.260 and 2009 c 301 s 7 are each amended to read
as follows:
(1) A person who is not a licensed hearing ((instrument
fitter/dispenser)) aid specialist may not represent himself or herself
as being so licensed and may not use in connection with his or her name
the words "licensed hearing instrument fitter/dispenser," "hearing
instrument specialist," or "hearing aid fitter/dispenser," or a
variation, synonym, word, sign, number, insignia, coinage, or whatever
expresses, employs, or implies these terms, names, or functions of a
licensed hearing ((instrument fitter/dispenser)) aid specialist.
(2) A person who is not a licensed speech-language pathologist may
not represent himself or herself as being so licensed and may not use
in connection with his or her name the words including "licensed
speech-language pathologist" or a variation, synonym, word, sign,
number, insignia, coinage, or whatever expresses, employs, or implies
these terms, names, or functions as a licensed speech-language
pathologist.
(3) A person who is not a certified speech-language pathology
assistant may not represent himself or herself as being so certified
and may not use in connection with his or her name the words including
"certified speech-language pathology assistant" or a variation,
synonym, word, sign, number, insignia, coinage, or whatever expresses,
employs, or implies these terms, names, or functions as a certified
speech-language pathology assistant.
(4) A person who is not a licensed audiologist may not represent
himself or herself as being so licensed and may not use in connection
with his or her name the words "licensed audiologist" or a variation,
synonym, letter, word, sign, number, insignia, coinage, or whatever
expresses, employs, or implies these terms, names, or functions of a
licensed audiologist.
(5) Nothing in this chapter prohibits a person credentialed in this
state under another act from engaging in the practice for which he or
she is credentialed.
NEW SECTION. Sec. 28 This act takes effect January 1, 2015.