Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-13-184.

     Title of Rule and Other Identifying Information: WAC 246-828-025 Definitions, 246-828-045 Interim permit requirements, 246-828-04503 Postgraduate professional work experience, 246-828-04505 Supervisor delegation, and 246-828-075 Student supervisors -- Scope and definitions.

     Hearing Location(s): Ramada Inn Spokane Airport, P.O. Box 19230, Spokane, WA 99219-9230, on August 11, 2006, at 9:15 a.m.

     Date of Intended Adoption: August 11, 2006.

     Submit Written Comments to: Karen Kelley, P.O. Box 47869, Olympia, WA 98504-7869, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-4918, by August 4, 2006.

     Assistance for Persons with Disabilities: Contact Karen Kelley by August 4, 2006, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal clarifies and amends the definition of "Board-approved institution of higher learning" to reflect the current accrediting body and also addresses the newly established Au.D. degree that encompasses the required postgraduate work experience. The proposal also clarifies the interim permit and postgraduate professional work experience requirements. WACs 246-828-04503 and 246-828-04505 are titled as "new sections," but in fact are just existing rule language that has been split out and renumbered. WAC 246-828-04503 and 246-828-04505 do not impose any new restrictions on licensees.

     Reasons Supporting Proposal: There has been concern from applicants, licensees, and department of health staff regarding the lack of clarity in regard to supervision during the postgraduate professional work experience. By further defining the postgraduate professional work experience supervision standards, it will add clarity and assist in complying with these standards.

     Statutory Authority for Adoption: RCW 18.35.161.

     Statute Being Implemented: RCW 18.35.161.

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

     Name of Proponent: Board of hearing and speech, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Karen Kelley, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4950.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not necessary under chapter 18.35 RCW. These rules do not impose additional costs on licensed hearing instrument fitter/dispensers, audiologists, and speech-language pathologists.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Karen Kelley, Board of Hearing and Speech, P.O. Box 47869, Olympia, WA 98504-7869, phone (360) 236-4950, fax (360) 236-4918, e-mail karen.kelley@doh.wa.gov.

July 5, 2006

Bob Nicoloff

for Karen Kelley

Deputy Executive Director

OTS-8689.4

AMENDATORY SECTION(Amending WSR 98-13-109, filed 6/17/98, effective 7/18/98)

WAC 246-828-025   Definitions.   (1) "Board-approved institution of higher education" means an institution offering a ((Washington higher education coordinating board-accredited)) program in audiology or speech-language pathology leading to a master's degree, or its equivalent, or a doctorate degree or its equivalent, that has been accredited by the council on academic accreditation in audiology and speech-language pathology, or an equivalent program ((as determined by the board)).

     (2) "Postgraduate professional work experience" means a supervised full-time professional experience, or the part-time equivalent, as defined in these rules, involving direct patient/client contact, consultations, record keeping, and administrative duties relevant to a bona fide program of clinical work.

     (a) "Full-time professional experience" means ((a minimum of)) at least 30 hours per week over 36 weeks. Postgraduate professional work experience ((cannot)) must be obtained ((in fewer than)) over a period of at least 36 weeks.

     (b) "Part-time equivalent" means any of the following:

     (i) 15-19 hours per week over 72 weeks;

     (ii) 20-24 hours per week over 60 weeks;

     (iii) 25-29 hours per week over 48 weeks.

     (((c) Professional experience of fewer than 15 hours per week cannot be counted toward postgraduate professional work experience.)) (3) Applicants who obtain an Au.D. at a board approved institution of higher education are considered to have met the postgraduate professional work experience requirement.

[Statutory Authority: RCW 18.35.040(2) and 18.35.161. 98-13-109, § 246-828-025, filed 6/17/98, effective 7/18/98.]

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

     (a) Has completed the academic course work and clinical practicum as required in RCW 18.35.040.

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

     (((b))) (c) 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 apply to interim permit holders. ((A person issued)) An audiology interim permit holder may engage in the fitting and dispensing of hearing instruments.

     (3) The interim permit ((shall)) must contain the name and title of the supervisor licensed under chapter 18.35 RCW.

     (4) A licensed audiologist or speech-language pathologist under chapter 18.35 RCW may supervise up to four interim permit holders concurrently.

     ((Interim permit period.

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

     (a) 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 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 expires one year from the date 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 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) The permit holder 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 the notification of termination to the department is deposited in the United States mail.))

[Statutory Authority: RCW 18.35.161. 04-02-068, § 246-828-045, filed 1/7/04, effective 2/7/04. 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.]

     (a) Postgraduate professional work experience of less than fifteen hours per week does not meet the requirement and may not be counted toward the postgraduate professional work experience. Experience of more than thirty hours per week may not be used to shorten the postgraduate professional work experience to less than thirty-six weeks.

     (b) The supervisor must submit to the department, on a form provided by the department, documentation of supervision and progress during the postgraduate professional work experience, at the end of each three-month period.

     (2) The supervisor must cosign all purchase agreements in the fitting and dispensing of hearing instruments.

     (3) The interim permit expires one year from the date it is issued. The board may extend the interim permit an additional twenty-four months to accommodate part-time postgraduate professional work experience or upon request of the interim permit holder due to illness or extenuating circumstances.

[]

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

     (3) The interim permit holder must immediately report the termination of the supervisor to the department in writing. The interim permit holder may only resume practice after the supervisor is approved by the department.

     (4) The supervisor of an interim permit holder who desires to terminate the responsibility as supervisor must immediately notify the department in writing of the termination. The supervisor is responsible for the interim permit holder until the notification of termination is received by the department.

[]

     (((1) Supervision means the licensee 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 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 that identifies him or her as a student.)) (a) Speech-language pathology students must be supervised by a speech-language pathologist licensed under chapter 18.35 RCW, in good standing for at least two years.

     (b) Audiology students must be supervised by an audiologist licensed under chapter 18.35 RCW, in good standing for at least two years.

     (c) Hearing instrument fitter and dispenser students must be supervised by either a hearing instrument fitter/dispenser or a licensed audiologist licensed under chapter 18.35 RCW, in good standing for at least two years.

     (2) Students may perform only those activities that are within the scope of the profession as defined by the training program in which they are enrolled.

     (3) The student shall at all times wear an identification badge readily visible to the public that identifies him or her as a student.

     (4) The licensee who is supervising hearing instrument fitting and dispensing students must be physically present on the premises at all times. The supervisor must cosign all purchase agreements for the sale of hearing instruments.

     (5) The licensee who is supervising speech-language pathology or audiology students may include simultaneous observations with the student or the submission of written reports or summaries by the student for supervisor monitoring, review and approval. At least fifty percent of each student's time in each diagnostic evaluation, including screening and identification, must be observed directly by a supervisor. The observations may take place on site or by closed-circuit television.

[Statutory Authority: RCW 18.35.161. 04-02-068, § 246-828-075, filed 1/7/04, effective 2/7/04; 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.]

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