PROPOSED RULES
Original Notice.
Exempt from preproposal statement of inquiry under RCW 34.05.310(4).
Title of Rule: Chapter 246-828 WAC, Hearing and speech.
Purpose: Housekeeping amendments are necessary to implement 2002 legislation creating mandatory licensure for audiologists and speech-language pathologists and the elimination of the permit and apprenticeship requirement for hearing instrument fitter/dispensers.
Other Identifying Information: This proposal is the result of chapter 310, Laws of 2002 which passed during the 2002 legislative session.
Statutory Authority for Adoption: RCW 18.35.161.
Statute Being Implemented: Chapter 18.35 RCW.
Summary: The proposed amendments will change references from certificate to license for audiologists and speech language pathologists, the word hearing "aid" to "instrument," references to the "Board on fitting and dispensing of hearing aids" to the "Board of Hearing and Speech," removes duplicate listing of fees, and repeals rules specifically relating to the eliminated apprenticeship requirement.
Reasons Supporting Proposal: Changes are needed to implement new legislative requirements.
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: Katherine Slater, 310 Israel Road S.E., P.O. Box 47869, Olympia, WA 98504-7869, (360) 236-4950.
Name of Proponent: Board of Hearing and Speech, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The proposed amendments will change references to "certification" to "licensure," eliminate references to the hearing instrument fitter/dispenser permit and apprenticeship requirement. These changes are intended to bring the rules into compliance with the statute and to provide clarification regarding the credentialing requirements for audiologists, speech-language pathologists and hearing instrument fitter/dispensers.
Proposal Changes the Following Existing Rules: WAC 246-828-045, 246-828-095 and 246-828-105, replaces the word "certified" with the word "licensed"; WAC 246-828-075, replaces the words "certified and certificate holder" with the words "licensed and licensee"; WAC 246-828-090, replaces the words "certificate holder" with the word "licensee"; WAC 246-828-100, adds "or audiologist" to the section requiring the licensee to afford the prospective hearing instrument user the opportunity to sign a statement regarding that they have been advised that their best health interest would be served if they had a medical evaluation before purchasing hearing instruments; WAC 246-828-220 and 246-828-500, replaces the word "aid" with the word "instrument"; WAC 246-828-270, replaces the words "certificate holder and certificate" with the words "licensee and license"; WAC 246-828-290, 246-828-320, 246-828-330 and 246-828-350, replaces the word "certificate holder" with the word "licensee"; WAC 246-828-550, replaces the words "on fitting and dispensing of hearing aids" with "of hearing and speech"; and WAC 246-828-990, removes duplicate listing of fees.
No small business economic impact statement has been prepared under chapter 19.85 RCW. RCW 19.85.025(3) indicates that a small business economic impact statement is not necessary for rules identified under RCW 34.05.310(4). Specifically, these rules adopt or incorporate by reference, without material change, Washington state statutes, and only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect.
RCW 34.05.328 does not apply to this rule adoption. The proposed amendments are not significant and are exempt under RCW 34.05 328 (5)(b)(v). The content of the rule is explicitly and specifically dictated by statute.
Hearing Location: 310 Israel Road S.E., Room 139, Tumwater, WA 98501, on October 3, 2003, at 9:00 a.m.
Assistance for Persons with Disabilities: Ericka Brown by September 15, 2003, TDD (800) 833-6388 or (360) 236-4925.
Submit Written Comments to: Diane Young, Board of Hearing and Speech, 310 Israel Road S.E., P.O. Box 47869, Olympia, WA 98504-7869, fax (360) 236-2406, by September 15, 2003.
Date of Intended Adoption: October 3, 2003.
July 10, 2003
Robert Nicoloff
Executive Director
OTS-6226.2
AMENDATORY SECTION(Amending WSR 99-08-102, filed 4/6/99,
effective 5/7/99)
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)) licensed 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
holders. 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 licensed 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)) At least 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)) must 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)) expires one year from the date ((of its issuance)) it
is issued. 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)) licensed 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)) must 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.
[Statutory Authority: RCW 18.35.161(3) and 18.35.060(6). 99-08-102, § 246-828-045, filed 4/6/99, effective 5/7/99.]
(1) Supervision ((shall)) means ((that)) the
licensee((/certificate holder)) is physically present on the
premises at all times.
(a) Supervision includes the personal and direct involvement of the supervisor. The supervisor must:
(i) Directly observe diagnostic and therapeutic procedures; and
(ii) Cosign all purchase agreements for the sale of hearing instruments.
(b) A licensed audiologist or speech-language pathologist under chapter 18.35 RCW may not assume the responsibility for more than one permit holder.
(c) The supervisor is responsible for all acts of the permit holder in connection with audiology or speech-language pathology services through the duration of the permit. 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.
(2) An accredited education or training program ((shall
be defined as)) means any course of study in the field of
fitting and dispensing hearing instruments that is offered by
a school or program recognized by the state of Washington.
(3) The student shall at all times wear an identification
badge readily visible to the public ((which)) that identifies
him or her as a student.
(((4) The licensed/certified supervisor shall be
responsible for all acts of the student.))
[Statutory Authority: RCW 18.35.161. 98-06-079, § 246-828-075, filed 3/3/98, effective 4/3/98. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017 § 246-828-075, filed 9/7/95, effective 10/8/95.]
(2) Hearing instruments, assistive listening devices, and
electronic equipment used for assessment and/or monitoring of
auditory and vestibular function ((shall)) must be maintained
according to manufacturer's specifications.
(3) All instrumental technology used to diagnose and/or treat disorders of communication, swallowing and hearing shall be maintained in proper working order and be properly calibrated according to accepted standards.
[Statutory Authority: RCW 18.35.161. 98-06-079, § 246-828-090, filed 3/3/98, effective 4/3/98. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017 § 246-828-090, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-090, filed 5/8/91, effective 6/8/91; 84-08-062 (Order PL 463), § 308-50-120, filed 4/4/84; Order PL 159, § 308-50-120, filed 2/8/74.]
Audiologists serve in a number of roles including but not limited to clinician, therapist, teacher, consultant, researcher, and administrator. Audiologists provide services in hospitals, clinics, schools, nursing facilities, care centers, private practice and other settings in which audiological services are relevant. Audiologists provide services to individuals of all ages.
Audiologists must engage in and supervise only those aspects of the profession that are within the scope of their education, training and experience.
Standard procedures for providing audiology services may include one or more of the following:
(1) Case history ((to include)) including:
(a) Documentation of referrals.
(b) Historical review of the nature, onset, progression and stability of the hearing problem, and associated otic and/or vestibular symptoms.
(c) Review of communication difficulties.
(d) Review of medical, pharmacology, vocational, social and family history pertinent to the etiology, assessment and management of the underlying hearing disorder.
(2) Physical examination of the external ear ((includes))
including:
(a) Otoscopic examination of the external auditory canal to detect:
(i) Congenital or traumatic abnormalities of the external canal or tympanic membrane.
(ii) Inflammation or irritation of the external canal or tympanic membrane.
(iii) Perforation of the tympanic membrane and/or discharge from the external canal.
(iv) A foreign body or impacted cerumen in the external canal.
(b) Cerumen management to clean the external canal and to remove excess cerumen for the preservation of hearing.
(c) Referral for otologic evaluation and/or treatment
when ((indicated)) necessary.
(3) Identification of audiometry:
(a) Hearing screening administered as needed, requested, or mandated for those persons who may be identified as at risk for hearing impairment.
(b) Referral of persons who fail the screening for rescreening, audiologic assessment and/or for medical or other examination and services.
(c) Audiologists may perform speech and language screening measures for initial identification and referral.
(4) Assessment of auditory function ((includes))
including:
(a) The administration of behavioral and/or objective measures of the peripheral and central auditory system to determine the presence, degree and nature of hearing loss or central auditory impairment, the effect of the hearing impairment on communication, and/or the site of the lesion within the auditory system. Assessment may also include procedures to detect and quantify nonorganic hearing loss.
(i) When traditional audiometric techniques cannot be employed as in infants, children or multiple impaired clients, developmentally appropriate behavioral and/or objective measures may be employed.
(ii) Assessment and intervention of central auditory processing disorders in which there is evidence of communication disorders may be provided in collaboration with other professionals.
(b) Interpretation of measurement recommendations for habilitative/rehabilitative management and/or referral for further evaluation and the counseling of the client and family.
(5) Assessment of vestibular function ((includes))
including administration and interpretation of behavioral and
objective measures of equilibrium to detect pathology within
the vestibular system, to determine the site of lesion, to
monitor changes in balance and to determine the contribution
of visual, vestibular and proprioceptive systems to balance.
(6) Habilitation/rehabilitation of auditory and
vestibular disorders ((may include)) including:
(a) Aural rehabilitation therapy.
(b) Fitting and dispensing of hearing instruments and assistive listening devices.
(c) Habilitative and rehabilitative nonmedical management of disorders of equilibrium.
(7) Industrial and community hearing conservation programs.
(8) Intraoperative neurophysiologic monitoring.
(9) Standardized and nonstandardized procedures may be employed for assessment, habilitation/rehabilitation of auditory and vestibular disorders. When standardized procedures are employed they must be conducted according to the standardized procedure or exception documented. Nonstandardized measures must be conducted according to established principles and procedures of the profession.
[Statutory Authority: RCW 18.35.161 (3) and (10). 98-14-055, § 246-828-095, filed 6/26/98, effective 7/27/98.]
(1) ((Obtain)) Obtaining case history ((to include the
following)) including:
(a) As required by WAC 246-828-280, documentation of referrals, or as otherwise required by this chapter.
(b) Historical evaluation ((to include)) including
inquiry regarding hearing loss, onset of loss, and any
associated symptoms including significant noise in the ears,
vertigo, acute or chronic dizziness, nausea, earaches, or
other such discomfort which may indicate the presence of
medical illness. Specific inquiry should be made to determine
if hearing loss has been sudden or rapidly progressive in the
past ninety days, if there has been any active drainage or
infection in ears during the past ninety days, and if there
are any specific physical problems ((which)) that may relate
to the use of a hearing instrument.
(2) ((Examination of)) Examining the ears ((should be
done)) to reasonably determine if any of the following
conditions exist:
(a) Impacted ear wax.
(b) Foreign body within the ear canal.
(c) Discharge in the ear canal.
(d) Presence of inflammation or irritation of the ear canal.
(e) Perforation of the ear drum.
(f) Any other abnormality.
(3) Hearing testing ((shall be performed)) to include the
following:
(a) Hearing loss, or residual hearing, shall be established for each ear using pure tone threshold audiometry by air and bone conduction with effective masking as required.
(b) Appropriate live voice or recorded speech audiometry by ear phones to determine the following: Speech reception threshold, most comfortable level, uncomfortable level, and the speech discrimination percent.
(c) Hearing testing shall be conducted in the appropriate environment as required by WAC 246-828-080, minimum standards of equipment, or as otherwise required by this chapter.
(d) When pure tone audiometry indicates an air-bone gap
of 15db or more, 500, 1000, and 2000 Hz, the presence of
unilateral hearing loss, or any inconsistent audiometric
findings, the client shall be advised of the potential help
available through medical treatment. ((Should)) If the client
declines ((to consider such methods, or if the client has
previously)) medical treatment, has been appropriately treated
previously, or has been advised against ((such procedures,))
medical treatment, the licensee shall make an appropriate
notation ((shall be made)) in the client's record.
(e) In the event a client is referred to a licensee by an M.A. audiologist, otologist, otolaryngologist, or by a fitter/dispenser duly licensed under chapter 18.35 RCW, and the audiometric results obtained within the previous six months are provided to the licensee as a part of this referral, the applicable provisions of WAC 246-828-100 shall not be required. However, a confirmatory audiometric examination is recommended.
(4) Medical evaluation requirements:
(a) If the prospective hearing instrument user is
eighteen years of age or older, the hearing instrument
dispenser may afford the prospective user an opportunity to
waive the medical evaluation requirements of (b) of this
subsection ((provided that)) if the hearing instrument
dispenser:
(i) Informs the prospective user that the exercise of the waiver is not in the user's best health interest;
(ii) Does not in any way actively encourage the
prospective user to waive ((such a)) the medical evaluation;
(iii) ((Affords)) Offers the prospective user the
opportunity to sign the following statement:
I have been advised by (hearing instrument fitter/dispenser or audiologist name) that the Food and Drug Administration has determined that my best health interest would be served if I had a medical evaluation before purchasing a hearing instrument; and
(iv) Provides the prospective user with a copy of the signed waiver statement.
(b) Except as provided in (a) of this subsection, a hearing instrument dispenser shall not sell a hearing instrument unless the prospective user has presented to the hearing instrument dispenser a written statement signed by a licensed physician that states that the patient's hearing loss has been medically evaluated and the patient may be considered a candidate for a hearing instrument. The medical evaluation must have taken place within the preceding six months.
(5) Selection and fitting of the hearing instrument
((shall include the following)) includes providing the client:
(a) ((Provide)) Information regarding the selection of
the most appropriate method and model for amplification for
the needs of the client.
(b) ((Provide the user with)) The cost of the recommended
instruments and services.
(c) ((Provide for or have available)) An appropriate
custom made ear mold.
(d) ((Provide)) Final fitting of the hearing instrument
to ensure physical and operational comfort.
(e) ((Provide)) Adequate instructions and appropriate
post-fitting adjustments to ensure the most successful use of
the hearing instrument.
(6) Keeping records on every client to whom the
licensee/certificate holder renders service in connection with
the dispensing of a hearing instrument. ((Such)) These
records ((shall)) must be preserved for at least three years
after the dispensing of the first hearing instrument to the
client. If other hearing instruments are subsequently
dispensed to that client, cumulative records must be
maintained for at least three years after the ((latest)) most
recent dispensing of an instrument to that client. The
records must be available for the department inspection and
((will)) must include:
(a) Client's case history.
(b) Source of referral and appropriate documents.
(c) Medical clearance for the hearing instrument user or the waiver set forth in subsection (4)(a)(iii) of this section which has been signed after being fully informed that it is in the best health interest to seek medical evaluation.
(d) Copies of any contracts and receipts executed in connection with the fitting and dispensing of each hearing instrument provided.
(e) A complete record of tests, test results, and services provided except for minor services.
(f) All correspondence specifically related to the service given the client or the hearing instrument or instruments dispensed to the client.
[Statutory Authority: RCW 18.35.161. 98-06-079, § 246-828-100, filed 3/3/98, effective 4/3/98. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017 § 246-828-100, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-100, filed 5/8/91, effective 6/8/91; 89-04-017 (Order PM 818), § 308-50-130, filed 1/23/89; 84-19-018 (Order PL 478), § 308-50-130, filed 9/12/84; Order PL 159, § 308-50-130, filed 2/8/74.]
Services must be provided and products dispensed only when benefit can reasonably be expected. All services provided and products dispensed must be evaluated for effectiveness. A certified speech-language pathologist must engage in and supervise only those aspects of the profession that are within the scope of their education, training, and experience. Speech-language pathologists must provide services appropriate to each individual in his or her care, which may include one or more of the following standard procedures:
(1) Case history, ((to include the following)) including:
(a) Documentation of referral.
(b) Review of the communication, cognitive and/or swallowing problem.
(c) Review of pertinent medical, pharmacological, social and educational status.
(2) Examination of the oral mechanism for the purposes of determining adequacy for speech communication and swallowing.
(3) Screening to include: Speech and language.
(a) Hearing screening, limited to pure-tone air conduction and screening tympanometry.
(b) Swallowing screening. Children under the age of three years who are considered at risk are assessed, not screened;
(4) Assessment may include the following:
(a) Language may include parameters of phonology, morphology, syntax, semantics, and pragmatics; and include receptive and expressive communication in oral, written, graphic and manual modalities;
(b) Speech may include articulation, fluency, and voice (including respiration, phonation and resonance). Treatment shall address appropriate areas;
(c) Swallowing;
(d) Cognitive aspects of communication may include communication disability and other functional disabilities associated with cognitive impairment;
(e) Central auditory processing disorders in collaboration with other qualified professionals;
(f) Social aspects of communication may include challenging behaviors, ineffective social skills, lack of communication opportunities;
(g) Augmentative and alternative communication include the development of techniques and strategies that include selecting, and dispensing of aids and devices (excluding hearing instruments) and providing training to individuals, their families, and other communication partners in their use.
(5) Habilitation/rehabilitation of communication and
swallowing ((to include the following)) including:
(a) Treatment of speech disorders including articulation, fluency and voice.
(b) Treatment of language disorders including phonology, morphology, syntax, semantics, and pragmatics; and include receptive and expressive communication in oral, written, graphic and manual modalities.
(c) Treatment of swallowing disorders.
(d) Treatment of the cognitive aspects of communication.
(e) Treatment of central auditory processing disorders in which there is evidence of speech, language, and/or other cognitive communication disorders.
(f) Treatment of individuals with hearing loss, including aural rehabilitation and related counseling.
(g) Treatment of social aspects of communication, including challenging behaviors, ineffective social skills, and lack of communication opportunities.
(6) All services must be provided with referral to other qualified resources when appropriate.
[Statutory Authority: RCW 18.35.161 (3) and (10). 99-19-058, § 246-828-105, filed 9/15/99, effective 10/16/99; 98-14-055, § 246-828-105, filed 6/26/98, effective 7/27/98.]
(2) In the marketing of a hearing ((aid)) instrument
which has been used, or which contains used parts, a licensee
((shall make full and nondeceptive disclosure of such fact))
must fully and nondeceptively disclose that the product or its
parts are used in all advertising and promotional literature
relating to the product, on the container, box or package in
which ((such)) the product is packed or enclosed and, if the
product has the appearance of being new, on the product
itself. The required disclosure may be made by use of
((such)) words such as "used," "secondhand," "repaired," or
"rebuilt," whichever most accurately describes the product
involved.
(3) A licensee shall not misrepresent the identity of the
rebuilder of a hearing ((aid)) instrument. If the rebuilding
of a hearing ((aid)) instrument was done by other than the
original manufacturer, a licensee shall disclose ((such)) this
fact wherever the original manufacturer is identified.
[Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-220, filed 5/8/91, effective 6/8/91; Readopted by 84-14-100 (Order PL 469), § 308-50-260, filed 7/3/84; Order PL 159, § 308-50-260, filed 2/8/74.]
(1) When the contact is in person, present the prospective purchaser with written notice of:
(a) His or her name, the name of his or her business firm, his or her business address and telephone number;
(b) The number of his or her license((/certificate)).
(2) Telephone contact with prospective purchasers must
disclose the name of the licensee((/certificate holder)), name
and location of his or her principal establishment and purpose
of call.
(3) When the contact is through a direct mail piece or
other advertising initiated by the licensee((/certificate
holder)), clearly show on all promotional items the
business/establishment name, the principal establishment
address and telephone number, not just the address or
telephone number where he/she will be on given days.
(4) A principal establishment is one which is bonded
((pursuant to)) under RCW 18.35.240.
[Statutory Authority: RCW 18.35.161. 98-06-079, § 246-828-270, filed 3/3/98, effective 4/3/98; 91 -11-032 (Order 166B), § 246-828-270, filed 5/8/91, effective 6/8/91; 91-11-031 (Order 165B), recodified as § 246-828-270, filed 5/8/91, effective 6/8/91; 85-23-065 (Order PL 563), § 308-50-310, filed 11/19/85; Order PL 159, § 308-50-310, filed 2/8/74.]
The rights summarized in the "Notice to Buyer" must be
made known to the purchaser before the contract is executed. The licensee ((or certificate holder)) must provide this
"Notice to Buyer" in writing to the purchaser. The purchaser
must demonstrate knowledge of these rights by initialing each
numbered section of the "Notice to Buyer" and by signing his
or her name in the appropriate space following the "Notice to
Buyer."
| Signature of Purchaser | Date | |
| Signature of Seller | Date | |
| Delivery Acknowledgment - Signature of Purchaser | Date | |
[Statutory Authority: RCW 18.35.161. 02-14-052, § 246- 828-290, filed 6/27/02, effective 7/28/02. Statutory Authority: RCW 18.35.161 and 18.35.185(2). 99-08-103, § 246-828-290, filed 4/6/99, effective 7/5/99. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-290, filed 5/8/91, effective 6/8/91; 86-09-064 (Order PL 586), § 308-50-330, filed 4/17/86; Order PL 190, § 308-50-330, filed 5/23/75; Order PL 159, § 308-50-330, filed 2/8/74.]
(2) ((All such)) Any regular place or places of business
or any activities ((emanating therefrom shall)) resulting from
these locations must meet the minimum standards for facilities
and equipment essential for the testing of hearing and the
fitting and dispensing of hearing instruments ((as set forth))
in WAC 246-828-080.
(3) The term "place or places of business" means a
location where a licensee((/certificate holder)) engages or
intends to engage in the fitting and dispensing of hearing
instruments at a permanent address(es) open to the public on a
regular basis.
[Statutory Authority: RCW 18.35.161. 98-06-079, § 246-828-320, filed 3/3/98, effective 4/3/98. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017 § 246-828-320, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161. 91-11-031 (Order 165B), recodified as § 246-828-320, filed 5/8/91, effective 6/8/91; 85-10-024 (Order PL 526), § 308-50-390, filed 4/24/85.]
[Statutory Authority: RCW 18.35.161. 98-06-079, § 246-828-330, filed 3/3/98, effective 4/3/98; 91-11-031 (Order 165B), recodified as § 246-828-330, filed 5/8/91, effective 6/8/91; 85-10-024 (Order PL 526), § 308-50-400, filed 4/24/85.]
(1) Any material misstatement of fact or
misrepresentation by the licensee((/certificate holder))
regarding the hearing instrument(s) or fitting and dispensing
services to be provided which the purchaser relied on or which
induced the purchaser into making the agreement;
(2) Failure by the licensee((/certificate holder)) to
provide the purchaser with the hearing instrument(s) and
fitting and dispensing services which conform to those
specified in the purchase agreement between the parties;
(3) Diagnosis of a medical condition unknown to the purchaser at the time of purchase, which precludes the purchaser from using the hearing instrument(s);
(4) Failure by the licensee((/certificate holder)) to
remedy a significant material defect of the hearing
instrument(s) within a reasonable period of time in accordance
with RCW 18.35.190 (2)(c);
(5) The hearing instrument(s) and/or fitting and dispensing services would not be in accordance with accepted practices of the industry; and
(6) Failure by the licensee((/certificate holder fails))
to meet any standard of conduct prescribed in the laws
regarding the fitting and dispensing of hearing instruments
and this failure adversely affects in any way the transaction
which the purchaser seeks to rescind.
[Statutory Authority: RCW 18.35.161. 98-06-079, § 246-828-350, filed 3/3/98, effective 4/3/98; 91-11-031 (Order 165B), recodified as § 246-828-350, filed 5/8/91, effective 6/8/91; 89-04-017 (Order PM 818), § 308-50-420, filed 1/23/89; 86-09-064 (Order PL 586), § 308-50-420, filed 4/17/86.]
[Statutory Authority: RCW 18.35.161(3). 93-07-007 (Order 342B), § 246-828-500, filed 3/5/93, effective 4/5/93.]
(1) Attendance at a continuing education program having a featured speaker(s) or panel which has been approved by an industry-recognized local, state, national, or international organization.
(2) Participation as a speaker or panel member in a continuing education program which has been approved by an industry-recognized local, state, national, or international organization. A maximum of two hours of such participation may be applied towards the total ten hours required.
(3) Completion as a student, of a written, video, or
audio continuing education program which has been approved by
an industry-recognized local, state, national, or
international organization. Only ((such)) programs ((which))
that have accompanying required comprehension tests ((of
comprehension)) upon completion ((and)) that are independently
graded ((shall)) may be accepted.
[Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, § 246-828-550, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 18.35.161(3). 93-07-007 (Order 342B), § 246-828-550, filed 3/5/93, effective 4/5/93.]
(2) Licensees must pay the following nonrefundable fees
((will be charged for fitter/dispensers)):
| Title of Fee | Fee |
| (( |
|
| License application | $125.00 |
| Initial license | 100.00 |
| Interim permit | 100.00 |
| Renewal | 200.00 |
| (( |
|
| Inactive license | 75.00 |
| Late renewal penalty | 100.00 |
| Expired license reissuance | 100.00 |
| Expired inactive license reissuance | 50.00 |
| License verification | 15.00 |
| Wall certificate | 15.00 |
| Duplicate license | 15.00 |
(( |
|
(4) The following nonrefundable fees will be charged for speech/language pathologist: |
|
[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-828-990, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.35.090 and 43.70.250. 97-04-043, § 246-828-990, filed 1/31/97, effective 1/31/97. Statutory Authority: RCW 18.35.161 (1) and (3). 95-19-017, § 246-828-990, filed 9/7/95, effective 10/8/95. Statutory Authority: RCW 43.70.250. 94-08-038, § 246-828-990, filed 3/31/94, effective 5/1/94; 93-14-011, § 246-828-990, filed 6/24/93, effective 7/25/93; 91-13-002 (Order 173), § 246-828-990, filed 6/6/91, effective 7/7/91. Statutory Authority: RCW 43.70.040. 91-11-030 (Order 139), recodified as § 246-828-990, filed 5/8/91, effective 6/8/91. Statutory Authority: RCW 43.70.250. 90-04-094 (Order 029), § 308-50-440, filed 2/7/90, effective 3/10/90. Statutory Authority: RCW 43.24.086. 87-18-031 (Order PM 667), § 308-50-440, filed 8/27/87.]
The following sections of the Washington Administrative Code are repealed:
| WAC 246-828-030 | Reexaminations. |
| WAC 246-828-055 | Apprenticeship program -- Definitions. |
| WAC 246-828-061 | Requirements for apprenticeship training waiver. |
| WAC 246-828-070 | Apprenticeship program -- Minimum training requirements. |