WSR 03-14-033

PROPOSED RULES

DEPARTMENT OF HEALTH


(Board of Hearing and Speech)

[ Filed June 23, 2003, 2:23 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-02-041.

     Title of Rule: WAC 246-828-020 Examinations.

     Purpose: This rule sets the specific examination requirements for licensing audiologists, speech-language pathologists and hearing instrument fitter-dispensers.

     Statutory Authority for Adoption: RCW 18.35.161.

     Statute Being Implemented: RCW 18.35.050.

     Summary: The proposed amendments reflect the Board of Hearing and Speech's adoption of a national examination for hearing instrument fitter-dispenser applicants, and eliminates the double examination requirement for audiology applicants who have been required to complete two examinations to be eligible for licensure.

     Reasons Supporting Proposal: The changes provide clarification regarding the hearing instrument fitter-dispenser examination and eliminate an unnecessary licensure barrier for audiologists.

     Name of Agency Personnel Responsible for Drafting and Implementation: Diane Young, 310 Israel Road S.E., P.O. Box 47869, Olympia, WA 98504-7869, (360) 236-4950; and Enforcement: Kitty Slater, 310 Israel Road S.E., P.O. Box 47869, Olympia, WA 98504-7869, (360) 236-4925.

     Name of Proponent: Board of Hearing and Speech, Washington Society of Audiology and Washington Hearing and Speech Association, private and governmental.

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

     Explanation of Rule, its Purpose, and Anticipated Effects: WAC 246-828-020 Examinations, the proposed amendments reflect the Board of Hearing and Speech's adoption of a national examination for hearing instrument fitter-dispenser applicants, and eliminates the double examination requirement for audiology applicants who have been required to complete two examinations to be eligible for licensure. The changes provide clarification regarding the hearing instrument fitter-dispenser examination and eliminate an unnecessary licensure barrier for audiologists.

     Proposal Changes the Following Existing Rules: The changes to the rule provide further and current clarification regarding the required examination for hearing instrument fitter-dispenser licensure. The proposed amendment provides the applicants for hearing instrument fitter-dispenser licensure information that the examination, approved by the Board of Hearing and Speech, is the International Institute for Hearing Instrument Studies (IIHIS) licensing examination.

     The changes also eliminate the requirement that applicants for audiology licensure complete the National Examination in Audiology and the International Institute for Hearing Instrument Studies Licensing Examination. This proposed change would eliminate the licensing barrier of an unnecessary double requirement.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

     Background: Chapter 18.35 RCW regulates the practice of hearing and speech services in the state of Washington. The intentions of hearing and speech regulation are to protect the public from being misled by incompetent, unethical and/or unauthorized persons; to assure the availability of hearing and speech services of high quality to persons in need; and to assure the highest degree of professional conduct and competency in the delivery of hearing and speech services.

     Under RCW 18.35.161, the Board of Hearing and Speech is empowered to establish qualifications and define education, training, and examination requirements of audiologists, speech-language pathologists, and hearing instrument fitters/dispensers. Ultimately, the board establishes rules that it considers are appropriate for the protection of consumers of hearing and speech services.

     Purpose and Objective: The Board of Hearing and Speech is proposing rule changes that will:

•     Add clarity to the examination requirements for audiologists and hearing instrument fitters and dispensers.

•     Eliminate redundancy in the examination requirements for audiologists.

•     Update existing language to reflect current protocols and requirements.

•     Ensure that all hearing and speech professionals are competent and capable in their respective fields.

•     Improve the overall quality of care provided by all hearing and speech professionals.

     Rule-making Requirements of the Regulatory Fairness Act (chapter 19.85 RCW): The Regulatory Fairness Act, RCW 19.85.030 requires the department to conduct a small business economic impact statement (SBEIS) for proposed rules that have more than minor impact on small businesses. As defined in RCW 19.85.020 a small business is "any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, that has the purpose of making a profit, and that has fifty or fewer employees."

     What does the proposed rule amendment do? The proposed rule changes provide clear, concise standards for the examination of audiologists, hearing instrument fitters/dispensers, and speech-language pathologists. The proposed amendment directly affects audiologists and hearing instrument fitters/dispensers in the following ways:

•     Specifies the required examination for hearing instrument fitters/dispensers to be administered by the International Institute for Hearing Instrument Studies (IIHIS), with a passing score determined by national standards. This change updates existing language to reflect current protocol and practice.

•     Removes the requirement for audiologists to take the written hearing instrument fitter/dispenser examination. This deletion eliminates a redundancy in examination and eliminates a barrier for audiologists seeking licensure.

•     Removes the use of written examinations administered by another licensing jurisdiction. This requirement is deleted as a result of the written examination no longer being administered by the board, which was replaced by the standardized IIHIS examination.

•     Changes the language from "certificate" to "license," to reflect current statutes and definitions.

     Affected Industries/Disproportionate Impact: In preparing this small business economic impact statement (SBEIS), the Department of Health used the following SIC codes:


SIC Description MINOR IMPACT THRESH.
8011 Offices and clinics of medical doctor $ 66.10
8031 Offices of osteopathic physicians $ 66.10
8049 Offices of health practitioners, nec $ 66.10
8051 Skilled nursing care facilities $ 195.64
8052 Intermediate care facilities $ 66.10
8062 General medical and surgical hospital $ 396.57
8082 Home health care services $ 122.94
8093 Specialty outpatient clinics, nec $ 116.33
8099 Health and allied services, nec $ 66.10

     These eleven SIC codes indicate a minor impact threshold of $66.10 - $396.57. The estimated cost to health care practitioners for amending these rules is zero. Therefore, there is no disproportionate cost to small business.

     Instead, immediate and direct savings are expected for audiologists, as they will now have to register, pay for, and successfully pass only one examination rather than two, as previously required. This will alleviate a great burden on audiologists, and result in a reduction in lost wages and alternative time costs spent on registration, preparation, fees, and successfully passing the examination. In the end, savings is expected on all sides by all parties involved: Audiologists, health professionals, and the consumers of hearing and speech services, the people of the state of Washington.

     A copy of the statement may be obtained by writing to Diane Young, Board of Hearing and Speech, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4950, fax (360) 236-2406.

     RCW 34.05.328 applies to this rule adoption. The proposed changes to WAC 246-828-020 are significant.

     Hearing Location: Department of Health, 310 Israel Road S.E., Conference Room 1-6-152, Tumwater, WA 98501, on August 15, 2003, at 9:00 a.m.

     Assistance for Persons with Disabilities: Contact Kitty Slater by August 1, 2003, TDD (800) 833-6388 or (360) 236-4925.

     Submit Written Comments to: Diane Young, Board of Hearing and Speech, P.O. Box 47869, Olympia, WA 98504-7869, fax (360) 236-2406, by August 10, 2003.

     Date of Intended Adoption: August 15, 2003.

June 13, 2003

Kim Coy, Chair

Board of Hearing and Speech

OTS-6332.2


AMENDATORY SECTION(Amending WSR 98-13-110, filed 6/17/98, effective 7/18/98)

WAC 246-828-020   Examinations.   (1) The examination required of hearing instrument fitter/dispenser license applicants shall be ((a written examination)) the International Institute for Hearing Instrument Studies (IIHIS) including a passing score according to standards established by the International Hearing Society.

     (((a) The minimum passing grade shall be seventy or greater to pass the required examination for licensure.

     (b))) Applications for examinations shall be received by the department at least sixty days prior to the date of the scheduled examination. If the application is received less than sixty days before the next scheduled examination, the applicant will be scheduled for the second examination following receipt of the application.

     (((c) A national examination or examination administered by another licensing jurisdiction approved by the board may be accepted in lieu of the board's written examination.))

     (2) The examination required of ((all)) audiology ((certificate)) license applicants shall be the National Examination in Audiology (NESPA), including a passing examination score of six hundred or greater ((and written hearing instrument fitter/dispenser examination described in subsection (1) of this section, including a passing examination score of seventy or greater)).

     (3) The examination required of speech-language pathologist ((certificate)) license applicants shall be the National Examination in Speech Language Pathology (NESPA), including a passing examination score of six hundred or greater.

[Statutory Authority: RCW 18.35.040 and 18.35.161. 98-13-110, § 246-828-020, filed 6/17/98, effective 7/18/98. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-020, filed 5/8/91, effective 6/8/91. Statutory Authority: RCW 18.35.161(4). 89-08-096 (Order PM 828), § 308-50-010, filed 4/5/89. Statutory Authority: RCW 18.35.161(3). 87-14-030 (Order PM 654), § 308-50-010, filed 6/26/87. Statutory Authority: RCW 18.35.161. 84-08-062 (Order PL 463), § 308-50-010, filed 4/4/84; Order PL 190, § 308-50-010, filed 5/23/75; Order PL 159, § 308-50-010, filed 2/8/74.]

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