BP BHEAD INT H

AN ACT Relating to regulating speech-language and hearing professionals; adding a new chapter to Title 18 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. In order to safeguard the public safety and welfare, to protect the public from being misled by incompetent, unethical, and unauthorized persons, and to assure the highest degree of professional conduct and competency, it is the purpose of this chapter to strengthen existing regulation of persons offering speech-language and hearing service to the public.

NEW SECTION. Sec. 2. Unless the context requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the board of speech-language pathology and audiology created by this chapter.

(2) "Department" means the department of health.

(3) "Secretary" means the secretary of health.

(4) "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.

(5) "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, and the application of aural habilitation, rehabilitation, and appropriate devices, and cerumen management to treat such disorders.

(6) "Speech-language pathologist" means a person who engages in the practice of speech-language pathology and who meets the qualifications in this chapter.

(7) "Audiologist" means a person who engages in the practice of audiology and who meets the qualifications in this chapter.

(8) "Authorized health care practitioner" includes licensed physicians, osteopathic physicians, chiropractors, naturopaths, physical therapists, and occupational therapists.

(9) "Speech-language pathologist assistant" means a person who practices under the direction and supervision of a licensed speech-language pathologist and who meets the minimum qualifications in this chapter.

(10) "Audiologist assistant" means a person who practices under the direction and supervision of a licensed audiologist and who meets the minimum qualifications in this chapter.

NEW SECTION. Sec. 3. The state board of speech-language pathology and audiology is created. The board shall consist of seven members who shall be appointed by the governor. Of the initial appointments, two shall be appointed for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, all appointments shall be for terms of four years. Three members of the board shall be speech-language pathologists licensed under this chapter and residing in this state, shall have at least five years' experience in the practice of speech pathology, and shall be actively engaged in practice within two years of appointment. Three members of the board must be audiologists licensed under this chapter and residing in this state, have at least five years' experience in the practice of audiology, and be actively engaged in practice within two years of appointment. The seventh member shall be appointed from the public at large, be a resident of this state, have an interest in the rights of consumers of health services, and not be or have been 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. In making the appointments of speech-language pathologists and audiologists to the board, the governor shall consult with the appropriate professional associations. The appointments shall be made to reflect different practice settings. In the event that a member of the board, for any reason, cannot complete his or her term of office, the governor shall make another appointment in accordance with the appointment procedure in this section to fill the remainder of the term. No member may serve for more than two successive four-year terms. In making appointments to the board, the governor shall consider the need for geographic, ethnic, and cultural diversity.

The board may appoint an advisory committee of five members to give advice on matters affecting assistants regulated by this chapter. Three of the advisory committee members shall be speech-language pathologist assistants; the remaining members shall be audiologist assistants. In making appointments to the advisory committee, the board shall consider the need for geographic, ethnic, and cultural diversity.

The secretary of health shall furnish secretarial, clerical, and other assistance as the board may require. Each member of the board shall, in addition to travel expenses in accordance with RCW 43.03.050 and 43.03.060, be compensated in accordance with RCW 43.03.240.

NEW SECTION. Sec. 4. The board has the following powers and duties:

(1) To supervise the administration of examinations to applicants for licensure or registration under this chapter;

(2) To pass upon the qualifications of applicants for licensure or registration and to certify to the secretary qualified applicants;

(3) To make rules necessary or proper to carry out the purposes of this chapter;

(4) To establish and administer requirements for continuing competency. The board may establish continuing competency requirements as a prerequisite to renewing a license under this chapter;

(5) To keep an official record of all its proceedings. The record is evidence of all proceedings of the board that are set forth in the record;

(6) To adopt standards for duties, roles, and responsibilities of supportive personnel to speech-language pathologists and audiologists, including but not limited to the ratio of speech-language pathologists and audiologists to supervised supportive personnel and the frequency, duration, and documentation of supervision; and

(7) To adopt rules, if the board finds it appropriate, in response to questions put to it by professional health associations, speech-language pathologists, audiologists, speech-language pathologist assistants, audiologist assistants, and consumers in this state concerning the authority of speech-language pathologists and audiologists to perform particular acts.

NEW SECTION. Sec. 5. The board shall adopt rules relating to standards for appropriateness of speech-language pathology and audiology care, including dispensing of hearing aids and other devices by audiologists and communication devices by speech-language pathologists. Violation of the standards adopted by rule under this section is unprofessional conduct under this chapter and chapter 18.130 RCW.

NEW SECTION. Sec. 6. The board shall elect from its members a chair and vice-chair/secretary, who shall serve for one year and until their successors are elected. The chair shall rotate among the speech-language pathologists, audiologists, and consumer serving on the board. The board shall meet at least once a year and upon the call of the chair at times and places as the chair designates. Four members constitute a quorum of the full board for the transaction of business. A quorum must also include a speech-language pathologist and an audiologist. 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.

NEW SECTION. Sec. 7. The uniform disciplinary act, chapter 18.130 RCW, governs unregulated practice, the issuance and denial of licenses and registrations, and the discipline of persons regulated under this chapter.

NEW SECTION. Sec. 8. (1)(a) An applicant for a license as a speech-language pathologist or audiologist must have the following minimum qualifications:

(i) Be of good moral character;

(ii) Have a master's degree or the equivalent from a program at a board-approved institution of higher learning, which includes completion of a supervised clinical practicum experience; and

(iii) Complete a postgraduate professional work experience approved by the board.

(b) The applicant shall present proof of qualifications to the board in the manner and on forms prescribed by the board.

(2)(a) An applicant for registration as a speech-language pathologist assistant or audiologist assistant must have the following minimum qualifications:

(i) Be of good moral character;

(ii) Be a graduate of an educational program that is approved by the board; and

(iii) Have appropriate clinical experience that has been approved by the board.

(b) The applicant shall present proof of qualifications to the board in the manner and on forms prescribed by the board.

(3) At the time of applying, the applicant shall pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250.

NEW SECTION. Sec. 9. (1) The department, upon approval by the board, shall issue an interim permit authorizing an applicant for licensure who meets the minimum qualifications stated in section 8(1)(a)(i) and (ii) of this act to practice under supervision pending notification of the results of the first licensure examination for which the applicant is eligible.

(2) For purposes of this section "supervision" means supervision of a holder of an interim permit by a licensed speech-language pathologist or audiologist. Supervision shall include, but not be limited to, consultation regarding evaluation, treatment plan, treatment program, and progress of each assigned patient or client at appropriate intervals and documentation by the licensed speech-language pathologist or audiologist.

(3) If an interim permittee fails the examination, the permit expires upon notice to the permittee and is not renewable.

NEW SECTION. Sec. 10. All qualified applicants for a license as a speech-language pathologist or audiologist shall be examined by the board at a time and place as the board may determine. The examinations shall include appropriate subject matter to ensure the competence of the applicant. The board may use nationally recognized tests in the fields of speech-language pathology and audiology to determine if applicants are qualified for licensure. The examination for audiologists shall be comparable to the requirements of RCW 18.35.070. Examinations shall be held within the state at least once a year, at such time and place as the board shall determine. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee. The reexamination fee shall be set by the secretary under RCW 43.70.250.

NEW SECTION. Sec. 11. Upon recommendation of the board, the secretary of health shall license as a speech-language pathologist or audiologist applicants who successfully pass the examination for licensure as a speech-language pathologist or audiologist. The secretary shall furnish licenses to licensees. This license may be in lieu of the license required by chapter 18.35 RCW.

NEW SECTION. Sec. 12. Upon recommendation by the board, the secretary shall register as a speech-language pathologist assistant or an audiologist assistant applicants who successfully meet the requirements in section 8(2) of this act and who provide to the secretary the name and license number of the supervising speech-language pathologist or audiologist. The secretary shall furnish registrations to registrants.

NEW SECTION. Sec. 13. (1) Upon the recommendation of the board, the secretary shall license as a speech-language pathologist or audiologist a person who is a speech-language pathologist or audiologist licensed under the laws of another state or territory or the District of Columbia if the qualifications for the license required of the applicant were substantially equal to the requirements under this chapter. The secretary shall furnish licenses to licensees. At the time of making application, the applicant shall pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250.

(2) The board shall waive the examination and grant a license to a person engaged in the profession of speech-language pathology or audiology in this state on the effective date of this section if the board determines that the person meets commonly accepted standards for the profession, as established by rule of the board. Persons eligible for licensure under this subsection shall apply for a license before July 1, 1997.

(3) The board shall waive the requirements of section 8(2)(a)(ii) and (iii) of this act and shall register speech-language pathologist assistants and audiologist assistants engaged in practice in this state on the effective date of this section upon presentation of two sworn affidavits. One affidavit shall be made by the speech-language pathologist assistant or audiologist assistant and contain information about educational background and clinical experience. One affidavit shall be made by either the speech-language pathologist or audiologist who has supervised the assistant and shall contain information verifying the assistant's work experience or by the speech-language pathologist or audiologist who will be supervising the assistant, whichever is applicable. Persons eligible for registration under this subsection shall apply for registration before July 1, 1997.

NEW SECTION. Sec. 14. (1) Every licensed speech-language pathologist or audiologist shall apply to the secretary for a renewal of the license and pay to the state treasurer a fee determined by the secretary as provided in RCW 43.70.250. The license of a speech-language pathologist or audiologist who failed to renew the license within thirty days of the date set by the secretary for renewal shall automatically lapse. Within three years from the date of lapse and upon the recommendation of the board, the secretary may revive a lapsed license upon the payment of all past unpaid renewal fees and a penalty fee to be determined by the secretary. The board may require reexamination of an applicant whose license has lapsed for more than three years and who has not continuously engaged in lawful practice in another state or territory, or waive reexamination in favor of evidence of continuing education satisfactory to the board.

(2) A person licensed 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 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 person on inactive status may be voluntarily placed on active status by notifying the department in writing, paying the remainder of the licensing for the licensing year, and complying with subsection (3) of this section.

(3) Inactive licensees applying for active licensure shall comply with requirements set forth by the board, which may include completion of continuing competency requirements or taking an examination. Persons who have inactive status in this state but who are actively licensed and in good standing in another state are not required to meet continuing competency requirements or to take the practical examinations.

NEW SECTION. Sec. 15. (1) A person who is not licensed with the secretary as a speech-language pathologist under the requirements of this chapter shall not represent himself or herself as being so licensed and shall not use in connection with his or her name the words including "speech pathologist," "language pathologist," "speech therapist," "language therapist," "speech correctionist," "language correctionist," "speech clinician," "language clinician," "voice pathologist," "logopedist," "communicologist," "aphasiologist," "communication disorders specialist," or "phoniatrist" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions as a speech-language pathologist.

(2) A person who is not licensed with the secretary as an audiologist under the requirements of this chapter shall not represent himself or herself as being so licensed and shall not use in connection with his or her name the words "audiologist," "audiometrist," "hearing therapist," "hearing clinician," "hearing aid audiologist," "educational audiologist," "audio prosthologist," "audiometric technician," "auditory integration specialist," or a variation, synonym, letter, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of an audiologist.

(3) A person who is not registered as a speech-language pathologist assistant or an audiologist assistant may not use any term, including those specified in subsections (1) and (2) of this section to represent that he or she is registered to undertake the duties of such assistants.

(4) No person may practice speech-language pathology or audiology without first having a valid license.

(5) Nothing in this chapter prohibits a person licensed in this state under another act from engaging in the practice for which he or she is licensed.

(6) It is the duty of the prosecuting attorney of each county to prosecute all cases involving a violation of this chapter arising within his or her county. The attorney general may assist in the prosecution and shall appear at all hearings if requested to do so by the board.

NEW SECTION. Sec. 16. If a person violates the provisions of this chapter, the attorney general, prosecuting attorney, secretary, board, or a citizen of the state, may maintain an action in the name of the state to enjoin the person from practicing or holding himself or herself out as practicing speech-language pathology or audiology. The injunction does not relieve criminal prosecution but the remedy by injunction is in addition to the liability of the offender for criminal prosecution and the suspension or revocation of his or her license.

NEW SECTION. Sec. 17. The secretary shall keep a record of proceedings under this chapter and register of all persons licensed and registered under this chapter. The register shall show the name of every licensed speech-language pathologist and audiologist, and every registered speech-language pathologist assistant and audiologist assistant, with his or her last known place of residence and the date and number of his or her license or registration.

NEW SECTION. Sec. 18. This chapter does not prohibit or regulate:

(1) The practice of speech-language pathology or audiology by students enrolled in approved institutions of higher learning as may be incidental to their course of study so long as such activities do not go beyond the scope of practice defined by this chapter;

(2) The practice of speech-language pathology or audiology by regulated speech-language pathologists or audiologists of other states or countries while appearing as clinicians of bona fide educational seminars sponsored by speech-language pathology, audiology, medical, or other healing art professional associations so long as such activities do not go beyond the scope of practice defined by this chapter;

(3) The practice of speech-language pathology or audiology in the armed services or by an employee of another branch of the federal government.

NEW SECTION. Sec. 19. The board shall adopt rules under chapter 34.05 RCW for the administration of this chapter.

NEW SECTION. Sec. 20. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 21. Sections 1 through 20 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 22. Section 15 of this act shall take effect on July 1, 1997.