H-3362.3          _______________________________________________

                                  HOUSE BILL 2309

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Dyer, Conway, Murray, D. Sommers, Dellwo, Cairnes, Ogden, Linville, Cody and Mason

Read first time 01/09/96.  Referred to Committee on Health Care.

Revising regulation of hearing and speech professions.

     AN ACT Relating to regulation of hearing and speech professions;  amending RCW 18.35.010, 18.35.020, 18.35.030, 18.35.040, 18.35.050, 18.35.060, 18.35.070, 18.35.080, 18.35.085, 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, 18.35.180, 18.35.185, 18.35.190, 18.35.195, 18.35.205, 18.35.230, 18.35.240, and 18.35.250; adding new sections to chapter 18.35 RCW; creating a new section; and repealing RCW 18.35.170.

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:

     It is the intent of this chapter to protect the public health, safety, and welfare; to protect the public from being misled by incompetent, unethical, and unauthorized persons; and to assure the availability of hearing and speech services of high quality to persons in need of such services.

     Sec. 2.  RCW 18.35.010 and 1993 c 313 s 1 are each amended to read as follows:

     As used in this chapter, unless the context requires otherwise:

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

     (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) "Audiologist" means a person who is licensed to engage in the practice of audiology and meets the qualifications in this chapter.

(3) "Audiologist assistant" means a person who is registered by the state and practices under the supervision of a licensed audiologist.  An audiologist assistant may not interpret formal or informal assessment measures, engage in the initial delivery of hearing instruments, or participate in agreements to purchase hearing instruments.

(4) "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.

(5) "Board" means the board ((on fitting and dispensing)) of hearing ((aids)) and speech.

     (((3))) (6) "Department" means the department of health.

(7) "Direct supervision" means that the supervisor is physically present and in the same room with the hearing instrument fitter/dispenser permit holder, observing the nondiagnostic testing, fitting, and dispensing activities of the hearing instrument fitter/dispenser permit holder at all times.

(8) "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 or audiologist; where the client can have personal contact and counsel with the licensee during the firm's business hours; where the licensee normally conducts business; and the address of which is given to the state for the purpose of bonding.

(9) "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.

(10) "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 or licensed audiologist.

(11) "Good standing" means a licensee whose license 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.

(12) "Hearing ((aid)) 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 ((and)), ear molds, and assistive listening devices.

     (((4) "Fitting and dispensing of hearing aids" means the sale, lease, or rental or attempted sale, lease, or rental of hearing aids together with the selection and adaptation of hearing aids and the use of those tests and procedures essential to the performance of these functions.  It includes the taking of impressions for ear molds for these purposes.

     (5))) (13) "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) "Hearing instrument fitter/dispenser permit holder" means a person who practices under the direct supervision of a licensed hearing instrument fitter/dispenser or licensed audiologist.

(15) "Licensee" means a hearing instrument fitter/dispenser, audiologist, or speech-language pathologist who is licensed under this chapter.

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

     (((6) "Establishment" means any facility engaged in the fitting and dispensing of hearing aids.))

(17) "Speech-language pathologist" means a person who is licensed to engage in the practice of speech-language pathology and meets the qualifications of this chapter.

(18) "Speech-language pathologist assistant" means a person who is registered by the state and practices under the supervision of a licensed speech-language pathologist and meets the minimum qualifications of this chapter.

(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.

(20) "Supervision" means the appropriate degree of supervision, as defined by the board, provided by a licensed speech-language pathologist or licensed audiologist.

     Sec. 3.  RCW 18.35.020 and 1989 c 198 s 1 are each amended to read as follows:

(1) No person shall engage in the fitting and dispensing of hearing ((aids)) instruments or imply or represent that he or she is engaged in the fitting and dispensing of hearing ((aids)) instruments unless he or she ((holds)) is a ((valid license)) licensed hearing instrument fitter/dispenser or licensed audiologist or holds a hearing instrument fitter/dispenser permit or audiology 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 ((a)) an establishment that dispenses hearing ((aid establishment)) instruments is responsible under this chapter for all transactions made in the establishment name or conducted on its premises by agents or ((employees of)) persons employed by the establishment engaged in fitting and dispensing of hearing ((aids)) instruments.  Every establishment that fits and dispenses shall have in its employ at least one licensed ((fitter-dispenser)) hearing instrument fitter/dispenser or licensed audiologist at all times, and shall annually submit proof that all ((audiometric)) testing equipment at that establishment that is required by the board to be calibrated has been properly calibrated.

(2) No person shall engage in the practice of speech-language pathology or imply that he or she is engaged in the practice unless he or she holds a valid speech-language pathology license issued by the department as provided in this chapter and is an owner or is employed by a facility.

(3) No person shall engage in the practice of audiology or imply that he or she is engaged in the practice unless he or she holds a valid audiology license issued by the department as provided in this chapter and is an owner or is employed by an establishment or facility.  The establishment or facility shall annually submit proof that all testing equipment that is required by the board to be calibrated has been properly calibrated.

     Sec. 4.  RCW 18.35.030 and 1983 c 39 s 3 are each amended to read as follows:

     Any person who engages in ((the)) fitting and dispensing of hearing ((aids)) instruments shall provide to each person who enters into an agreement to purchase a hearing ((aid)) instrument a receipt at the time of the agreement containing the following information:

     (1) The seller's name, signature, license or permit number, address, and phone number of his or her regular place of business;

     (2) A description of the ((aid)) instrument furnished, including make, model, circuit options, and the term "used" or "reconditioned" if applicable;

     (3) A disclosure of the cost of all services including but not limited to the cost of testing and fitting, the actual cost of the hearing ((aid)) instrument furnished, the cost of ear molds if any, and the terms of the sale.  These costs, including the cost of ear molds, shall be known as the total purchase price.  The receipt shall also contain a statement of the purchaser's recision rights under this chapter and an acknowledgment that the purchaser has read and understands these rights.  Upon request, the purchaser shall also be supplied with a signed and dated copy of any hearing evaluation performed by the seller.

     (4) At the time of delivery of the hearing ((aid)) instrument, the purchaser shall also be furnished with the serial number of the hearing ((aid)) instrument supplied.

     Sec. 5.  RCW 18.35.040 and 1991 c 3 s 81 are each amended to read as follows:

(1) An applicant for ((license shall be at least eighteen years of age)) licensure as a hearing instrument fitter/dispenser 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 ((not)) be issued a license under the provisions of this chapter ((unless)) if the applicant:

     (((1))) (a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; or

     (((2))) (ii) Holds a current, unsuspended, unrevoked license or certificate from a state or jurisdiction with which the department has entered into a reciprocal agreement, ((and)) shows evidence satisfactory to the department that the applicant is licensed in good standing in the other jurisdiction, and satisfactorily completes sections of the hearing instrument fitter/dispenser examination pertaining to RCW 18.235.070 (3), (4), and (5);

(b) After December 31, 1996, has at least six months of apprenticeship training that meets requirements established by the board.  The board may waive part or all of the apprenticeship training in recognition of formal education in fitting and dispensing of hearing instruments or in recognition of previous licensure in Washington or in another state, territory, or the District of Columbia;

(c) Is at least twenty-one years of age; and

(d) Has not committed unprofessional conduct as specified by the uniform disciplinary act.

The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the board and proof of completion of a minimum of four clock hours of AIDS education and training per rules adopted by the board.

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

(a) Has not committed unprofessional conduct as specified by the uniform disciplinary act;

(b) 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

(c) Has completed postgraduate professional work experience approved by the board.

All qualified applicants must satisfactorily complete the speech-language pathology or audiology examinations required by this chapter.

The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the board and proof of completion of a minimum of four clock hours of AIDS education and training per rules adopted by the board.

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

(a) Has not committed unprofessional conduct as specified by the uniform disciplinary act;

(b) Is a graduate of an educational program that is approved by the board as defined by rules adopted by the board; and

(c) Has appropriate clinical experience that has been approved by the board.

The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the board and proof of completion of a minimum of four clock hours of AIDS education and training per rules adopted by the board.

     Sec. 6.  RCW 18.35.050 and 1993 c 313 s 2 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 ((and)) or practical tests, or both.  ((The department shall give an examination in May and November of each year.)) Examinations in hearing instrument fitting/dispensing, 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.  ((No examination of any established association may be used as the exclusive replacement for the examination unless approved by the board.))  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 reexamination fee for hearing instrument fitter/dispensers and audiologists shall be set by the secretary under RCW 43.70.250.

     Sec. 7.  RCW 18.35.060 and 1993 c 313 s 3 are each amended to read as follows:

     (1) The department shall issue a ((trainee license)) hearing instrument fitting/dispensing permit to any applicant who has shown to the satisfaction of the department that the applicant:

     (a) ((The applicant)) Is at least ((eighteen)) twenty-one years of age;

     (b) If issued a ((trainee license)) hearing instrument fitter/dispenser permit, would be employed and directly supervised in the fitting and dispensing of hearing ((aids)) instruments by a person licensed in good standing as a ((fitter-dispenser)) hearing instrument fitter/dispenser or audiologist for at least ((one year)) two years unless otherwise approved by the board; ((and))

     (c) Has paid an application fee determined by the secretary as provided in RCW 43.70.250, to the department;

(d) Has not committed unprofessional conduct as specified by the uniform disciplinary act; and

(e) Is a high school graduate or the equivalent.

     The provisions of RCW 18.35.030, 18.35.110, and 18.35.120 shall apply to any person issued a ((trainee license)) hearing instrument fitter/dispenser permit.  Pursuant to the provisions of this section, a person issued a ((trainee license)) hearing instrument fitter/dispenser permit may engage in the fitting and dispensing of hearing ((aids)) instruments without having first passed the hearing instrument fitter/dispenser examination provided under this chapter.

     (2) The ((trainee license)) hearing instrument fitter/dispenser permit shall contain the names of the ((person)) employer and the licensed supervisor under this chapter who ((is)) are employing and supervising the ((trainee)) hearing instrument fitter/dispenser permit holder and ((that)) those persons shall execute an acknowledgment of responsibility for all acts of the ((trainee)) hearing instrument fitter/dispenser permit holder in connection with the fitting and dispensing of hearing ((aids)) instruments.

     (3) A ((trainee)) hearing instrument fitter/dispenser permit holder may fit and dispense hearing ((aids)) instruments, but only if the ((trainee)) hearing instrument fitter/dispenser permit holder is under the direct supervision of a ((person)) hearing instrument fitter/dispenser or audiologist licensed under this chapter in a capacity other than as a ((trainee)) hearing instrument fitter/dispenser permit holder.  Direct supervision by a licensed ((fitter-dispenser)) hearing instrument fitter/dispenser or licensed audiologist shall be required whenever the ((trainee)) hearing instrument fitter/dispenser permit holder is engaged in the fitting or dispensing of hearing ((aids)) instruments during the ((trainee's first three months of full-time)) hearing instrument fitter/dispenser permit holder's employment.  The board shall develop and adopt guidelines on any additional supervision or training it deems necessary.

     (4) The ((trainee license)) hearing instrument fitter/dispenser permit shall expire one year from the date of its issuance except that on recommendation of the board the ((license)) permit may be reissued for one additional year only.

     (5) No ((person)) licensed audiologist or licensed hearing instrument fitter/dispenser under this chapter may assume the responsibility for more than ((two trainees)) one hearing instrument fitter/dispenser permit holder at any one time((, except that the department may approve one additional trainee if none of the trainees is within the initial ninety-day period of direct supervision and the licensee demonstrates to the department's satisfaction that adequate supervision will be provided for all trainees)).

(6) The department, upon approval by the board, shall issue an interim permit authorizing an applicant for speech-language pathologist or audiologist licensure who, except for the postgraduate professional experience and the examination requirements, meets the academic and practicum requirements of RCW 18.35.040 to practice under interim permit supervision by a licensed speech-language pathologist or licensed audiologist.  The interim permit is valid for a period of one year from date of issuance.  The board shall determine conditions for the interim permit.

     Sec. 8.  RCW 18.35.070 and 1973 1st ex.s. c 106 s 7 are each amended to read as follows:

     The hearing instrument fitter/dispenser 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 ((aids)) 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 ((aids)) instruments.

     (2) Tests of proficiency in the following ((techniques)) areas as they pertain to the fitting of hearing ((aids)) 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 ((aid)) instrument candidacy;

     (e) Selection and adaptation of hearing ((aids)) instruments and testing of hearing ((aids)) 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 ((department)) board may by rule establish.

NEW SECTION. Sec. 9.  A new section is added to chapter 18.35 RCW to read as follows:

     (1) Upon recommendation by the board, the secretary shall register as a speech-language pathologist assistant or an audiologist assistant an applicant who successfully meets the requirements adopted by the board and who provides to the secretary the name and license number of the supervising speech-language pathologist or audiologist.  The secretary shall furnish registrations to registrants.

     (2) The board shall waive the requirement of RCW 18.35.040 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 must be made by the speech-language pathologist assistant or audiologist assistant and contain information about educational background and clinical experience.  One affidavit must be made by either the speech-language pathologist or audiologist who has supervised the assistant and must 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 must apply for registration before July 1, 1997.

     Sec. 10.  RCW 18.35.080 and 1991 c 3 s 83 are each amended to read as follows:

(1) The department shall license each qualified applicant, without discrimination, who satisfactorily completes the required examinations for his or her profession and, upon payment of a fee determined by the secretary as provided in RCW 43.70.250 to the department, shall issue to the applicant a license.  A person shall not knowingly make a false, material statement in an application for a license, registration, or permit or for a renewal of a license, registration, or permit.

     If a ((person)) prospective hearing instrument fitter/dispenser does not apply for a license within three years of the successful completion of the hearing instrument fitter/dispenser license examination, reexamination is required for licensure.  The license shall be effective until the licensee's next birthday at which time it is subject to renewal.  Subsequent renewal dates shall coincide with the licensee's birthday.

(2) The board shall waive the examination and grant a speech-language pathology license to a person engaged in the profession of speech-language pathology 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 defined by rules adopted by the board.  Persons eligible for licensure under this subsection must apply for a license before July 1, 1997.

(3) The board shall waive the examinations and grant an audiology license to a person engaged in the profession of audiology in this state on the effective date of this section if the board determines that the person meets the commonly accepted standards for the profession and has passed the hearing instrument fitter/dispenser examination.  Persons eligible for licensure under this subsection must apply for a license before July 1, 1997.

(4) The board shall grant an audiology license to a person engaged in the profession of audiology, who has not been licensed as a hearing aid fitter/dispenser, but who meets the commonly accepted standards for the profession of audiology and graduated from a board-approved program after January 1, 1993, and has passed sections of the examination pertaining to RCW 18.35.070 (3), (4), and (5).  Persons eligible for licensure under this subsection must apply for a license before July 1, 1997.

(5) Persons engaged in the profession of audiology who meet the commonly accepted standards for the profession of audiology and graduated from a board-approved program prior to January 1, 1993, and who have not passed the hearing instrument fitter/dispenser examination shall be granted a temporary audiology license (nondispensing) for a period of two years from the effective date of this section during which time they must pass sections of the hearing instrument fitter/dispenser examination pertaining to RCW 18.35.070 (1)(c), (2)(e) and (f), (3), (4), and (5).  The board may extend the term of the temporary license upon review.  Persons eligible for licensure under this subsection must apply for a license before July 1, 1997.

     Sec. 11.  RCW 18.35.085 and 1991 c 332 s 31 are each amended to read as follows:

     An applicant holding a credential in another state, territory, or the District of Columbia may be credentialed to practice in this state without examination if the board determines that the other state's credentialing standards are substantially equivalent to the standards in this state.  An applicant for a license in hearing instrument fitting/dispensing or audiology must pass sections of the examination pertaining to RCW 18.35.070 (3), (4), and (5).  The secretary shall furnish licenses to licensees.  At the time of making application, the applicant shall pay to the department a fee determined by the secretary.

     Sec. 12.  RCW 18.35.090 and 1991 c 3 s 84 are each amended to read as follows:

     Each person who engages in ((the fitting and dispensing of hearing aids)) practice under this chapter shall, as the department prescribes by rule, pay to the department a fee established by the secretary under RCW 43.70.250 for a renewal of the license, registration, or permit and shall keep the license, registration, or permit conspicuously posted in the place of business at all times.  The license, registration, or permit of any person who fails to renew his or her license ((prior to the expiration date must pay a penalty fee in addition to the renewal fee and satisfy the requirements)), registration, or permit 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 recommendation of the board, the secretary may revive a lapsed license upon payment of all past unpaid renewal fees and a penalty fee to be determined by the secretary and satisfaction of any requirements, which may include reexamination, that may be set forth by rule promulgated by the secretary for reinstatement.  The secretary may by rule establish mandatory continuing education requirements and/or continued competency standards to be met by licensees, registrants, or permit holders as a condition for license, registration, or permit renewal.

     Sec. 13.  RCW 18.35.095 and 1993 c 313 s 12 are each amended to read as follows:

     (1) A ((person)) hearing instrument fitter/dispenser licensed under this chapter and not actively ((fitting and dispensing hearing aids)) 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 ((person)) hearing instrument fitter/dispenser 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 inactive licensees applying for active licensure shall comply with the following:  A licensee who has not fitted or dispensed hearing ((aids)) 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 examinations required under this chapter ((and)), as determined by the board.  The hearing instrument fitter/dispenser inactive licensee shall have completed continuing education requirements within the previous twelve-month period.  Persons who have been on inactive status from two to five years must have within the previous twelve months completed continuing education requirements.  Persons who have been on inactive status for one year or less shall upon application be reinstated as active licensees.  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 meet continuing education requirements or to take the hearing instrument fitter/dispenser practical examination((s)), 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 ((aids)) instruments.

(3) A speech-language pathologist or audiologist licensed or registered 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 cost 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 fee for the licensing year, and complying with subsection (4) of this section.

(4) Speech-language pathologist or audiologist inactive licensees applying for active licensure shall comply with requirements set forth by the board, which may include completion of continuing competency requirements and taking an examination.

     Sec. 14.  RCW 18.35.100 and 1983 c 39 s 8 are each amended to read as follows:

     (1) Every ((person who holds a license)) hearing instrument fitter/dispenser, audiologist, speech-language pathologist, audiologist assistant, speech-language pathologist assistant, hearing instrument fitter/dispenser permit holder, 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 ((engages or intends to engage in the fitting and dispensing of hearing aids)) 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 license, registration, or permit.

     (2) The department shall keep a record of the places of business of persons who hold licenses, registrations, or permits.

     (3) Any notice required to be given by the department to a person who holds a license, registration, or permit may be given by mailing it to the address of the last ((place of business)) establishment or facility of which the person has notified the department, except that notice to a licensee, registrant, or permit holder of proceedings to deny, suspend, or revoke the license, registration, or permit shall be by certified or registered mail or by means authorized for service of process.

     Sec. 15.  RCW 18.35.105 and 1989 c 198 s 6 are each amended to read as follows:

     Each licensee and permit holder under this chapter shall keep records of all services rendered for a ((period)) minimum of three years.  These records shall contain the names and addresses of all persons to whom services were provided((,)).  Hearing instrument fitter/dispensers, audiologists, and 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, kept by licensees 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. 16.  RCW 18.35.110 and 1993 c 313 s 4 are each amended to read as follows:

     In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed, holding a permit, or registered under this chapter may be subject to disciplinary action by the board for any of the following causes:

     (1) For unethical conduct in ((dealing in)) dispensing hearing ((aids)) 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 ((aid)) instrument;

     (c) Advertising a particular model, type, or kind of hearing ((aid)) 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 permit holder or on the basis of information furnished by the prospective hearing ((aid)) instrument user prior to fitting and dispensing a hearing ((aid)) instrument to any such prospective hearing ((aid)) instrument user, failing to advise that prospective hearing ((aid)) 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 ((aid)) instrument user from seeking such medical opinion prior to the fitting and dispensing of a hearing ((aid)) instrument.  No such referral for medical opinion need be made by any hearing instrument fitter/dispenser or audiologist licensee or permit holder in the instance of replacement only of a hearing ((aid)) instrument which has been lost or damaged beyond repair within ((six)) twelve months of the date of purchase.  The hearing instrument fitter/dispenser or audiologist licensee or permit holder or the hearing instrument fitter/dispenser or audiologist licensee's or permit holder's employees or putative agents shall obtain a signed statement from the hearing ((aid)) 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 hearing instrument fitter/dispenser or audiologist licensee or permit holder shall maintain a copy of either the physician's statement showing that the prospective hearing ((aid)) 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 ((aid)) instrument.  Nothing in this section required to be performed by a licensee or permit holder shall mean that the licensee or 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 ((aid)) instrument to any person under eighteen years of age who has not been examined and cleared for hearing ((aid)) 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 hearing instrument fitter/dispenser or audiologist licensee 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 ((aid)) instrument to any person under eighteen years of age who has not been examined by ((an)) a licensed 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)) a licensed audiologist ((who holds at least a master's degree in audiology)), except in cases of hearing ((aids)) instruments replaced within six 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 osteopathy 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 ((aids)) 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 profession when such use is not accurate;

     (g) Permitting another to use his or her license, permit, or registration;

     (h) Stating or implying that the use of any hearing ((aid)) 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 ((aid)) instrument;

     (i) Representing or implying that a hearing ((aid)) 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 ((licensee)) hearing instrument fitter/dispenser, audiologist, or 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) 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 a practicing hearing instrument fitter/dispenser, speech-language pathologist, or audiologist.  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.

(4) Aiding or abetting any violation of the rebating laws as stated in chapter 19.68 RCW.

NEW SECTION. Sec. 17.  A new section is added to chapter 18.35 RCW to read as follows:

     (1) A person who is not licensed with the secretary as a hearing instrument fitter/dispenser under the requirements of this chapter may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "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 hearing instrument fitter/dispenser.

     (2) A person who is not licensed with the secretary as a speech-language pathologist under the requirements of this chapter may not represent himself or herself as being so licensed and may not use in connection with his or her name the words including "speech pathologist," "language pathologist," "speech-language pathologist," "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.

     (3) A person who is not licensed with the secretary as an audiologist under the requirements of this chapter may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "audiologist," "audiometrist," "hearing therapist," "hearing clinician," "hearing aid audiologist," "educational audiologist," or "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.

     (4) A person who does not hold a permit issued by the secretary as a hearing instrument fitter/dispenser permittee under the requirements of this chapter may not represent himself or herself as being so permitted and may not use in connection with his or her name the words "hearing instrument fitter/dispenser permit holder," or "hearing instrument fitter/dispenser," 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 hearing instrument fitter/dispenser permit holder.

     (5) A person who is not registered as a speech-language pathologist assistant or an audiologist assistant may not use the words "speech-language pathologist assistant" or "audiologist assistant" or any term, including those specified in subsections (1), (2), (3), and (4) of this section, or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions of a registered speech-language pathologist assistant or audiologist assistant.

     (6) No person may practice hearing instrument fitting/dispensing, speech-language pathology, or audiology without first having a valid license and using the state-approved title.

     (7) 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.

     Sec. 18.  RCW 18.35.120 and 1983 c 39 s 10 are each amended to read as follows:

     A licensee, registrant, or permit holder under this chapter may also be subject to disciplinary action if the licensee, registrant, or 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) Violates any section of RCW 18.130.180 of the uniform disciplinary act.

     Sec. 19.  RCW 18.35.140 and 1993 c 313 s 5 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 ((facilities)) space necessary to carry out the examination ((of applicants for license)) set forth in RCW 18.35.070 of applicants for hearing instrument fitter/dispenser 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 ((the audiometric)) testing equipment, as defined by the board, and to carry out the periodic inspection of facilities or establishments of persons who ((deal in hearing aids)) are licensed under this chapter, as reasonably required within the discretion of the department.

(4) To appoint advisory committees.

(5) To keep a record of proceedings under this chapter and a register of all persons licensed, registered, or holding permits under this chapter.  The register shall show the name of every living licensee or permit holder for hearing instrument fitting/dispensing, every living licensee or interim permit holder for speech-language pathology, every living licensee or interim permit holder for audiology, 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, permit, or registration.

     Sec. 20.  RCW 18.35.150 and 1993 c 313 s 6 are each amended to read as follows:

     (1) There is created hereby the board ((on fitting and dispensing of hearing aids)) of hearing and speech to govern the three separate professions:  Hearing instrument fitting/dispensing, audiology, and speech-language pathology.  The board shall consist of ((seven)) nine members to be appointed by the ((governor)) secretary.

     (2) Members of the board shall be residents of this state.  ((Two)) 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 ((persons experienced in the fitting of hearing aids)) hearing instrument fitter/dispensers who ((shall hold valid licenses)) are licensed under this chapter ((and who do not have a masters level college degree in audiology)), 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 medical ((or osteopathic)) physician ((specializing in diseases of the ear.  Two members must be experienced in the fitting of hearing aids, must be licensed under this chapter, and shall have received at a minimum a masters level college degree in audiology)) 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, one speech-language pathologist, one audiologist, and one consumer shall be appointed for a term of two years, and one hearing instrument fitter/dispenser, 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)) secretary 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 of the board shall be elected from the membership of the board at the beginning of each year.))  The chair shall rotate annually among the hearing instrument fitter/dispensers, 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, 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 secretary may remove a member of the board at the recommendation of a majority of the board.

     Sec. 21.  RCW 18.35.161 and 1993 c 313 s 7 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 ((aids)) instruments as deemed appropriate and in the public interest;

     (2) To develop guidelines on the training and supervision of ((trainees)) hearing instrument fitter/dispenser permit holders and to establish requirements regarding the extent of apprenticeship training and certification to the department;

     (3) To adopt any other rules necessary to implement this chapter and which are not inconsistent with it;

     (4) To develop, approve, and administer ((all licensing examinations required by this chapter)) or supervise the administration of licensing examinations to applicants for licensure under this chapter; ((and))

     (5) To require a licensee, registrant, or 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;

(6) To pass upon the qualifications of applicants for licensure, registration, or permits and to certify to the secretary;

(7) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license or registration under this chapter;

(8) 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;

(9) To establish by rule standards for duties, roles, and responsibilities of assistants to speech-language pathologists and audiologists, including but not limited to the ratio of speech-language pathologists and audiologists to supervised assistants and the frequency, duration, and documentation of supervision;

(10) 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 audiologists, speech-language pathologists, speech-language pathologist assistants, audiologist assistants, permit holders, and consumers in this state; and

(11)  To adopt rules relating to standards of care relating to hearing instrument fitter/dispensers or audiologists, including the dispensing of hearing instruments, and relating to speech-language pathologists, including dispensing of communication devices.

NEW SECTION. Sec. 22.  A new section is added to chapter 18.35 RCW to read as follows:

     Violation of the standards adopted by rule under RCW 18.35.161 is unprofessional conduct under this chapter and chapter 18.130 RCW.

     Sec. 23.  RCW 18.35.172 and 1987 c 150 s 21 are each amended to read as follows:

     The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed and unregulated practice, the issuance and denial of licenses, registrations, and permits, and the discipline of licensees, registrants, and permit holders under this chapter.

     Sec. 24.  RCW 18.35.175 and 1983 c 39 s 21 are each amended to read as follows:

     It is unlawful to ((sell)) fit or dispense a hearing ((aid)) instrument to a resident of this state if the attempted sale or purchase is offered or made by 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 ((aids)) instruments by wholesalers to licensees under this chapter.

     Sec. 25.  RCW 18.35.180 and 1973 1st ex.s. c 106 s 18 are each amended to read as follows:

     Acts and practices in the course of trade in the promoting, advertising, selling, fitting, and dispensing of hearing ((aids)) instruments shall be subject to the provisions of chapter 19.86 RCW (Consumer Protection Act) and RCW 9.04.050 (False Advertising Act) and any violation of the provisions of this chapter shall constitute violation of RCW 19.86.020.

     Sec. 26.  RCW 18.35.185 and 1993 c 313 s 9 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 ((aid)) instrument shall have the right to rescind the transaction for other than the hearing instrument fitter/dispenser or audiologist licensee's or permit holder's breach if:

     (a) The purchaser, for reasonable cause, returns the hearing ((aid)) instrument or holds it at the ((licensee's)) hearing instrument fitter/dispenser or audiologist's or permit holder's disposal, if the hearing ((aid)) 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 ((aid)) instrument; and

     (b) The purchaser sends notice of the cancellation by certified mail, return receipt requested, to the establishment employing the  hearing instrument fitter/dispenser or audiologist licensee or permit holder at the time the hearing ((aid)) instrument was originally purchased, and the notice is posted not later than thirty days following the date of delivery, but the purchaser and the hearing instrument fitter/dispenser or audiologist licensee or permit holder may extend the deadline for posting of the notice of rescission by mutual, written agreement.  In the event the hearing ((aid is in the possession of the licensee or the licensee's representative)) 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 hearing instrument fitter/dispenser or audiologist licensee or 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 ((that the aid is in the possession of the licensee or the licensee's representative)) as those between the date of the notification of the problem to the date of its resolution.  Where the hearing ((aid)) instrument is returned to the hearing instrument fitter/dispenser or audiologist licensee or permit holder for any inspection for modification or repair, and the hearing instrument fitter/dispenser or audiologist licensee or permit holder has notified the purchaser that the hearing ((aid)) instrument is available for redelivery, and where the purchaser has not responded by either taking possession of the hearing ((aid)) instrument or instructing the hearing instrument fitter/dispenser or audiologist licensee or permit holder to forward it to the purchaser, then the deadline for giving notice of the recision shall ((begin)) 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 ((aid)) instrument is returned to the hearing instrument fitter/dispenser or audiologist licensee or permit holder, the hearing instrument fitter/dispenser or audiologist licensee or permit holder shall refund to the purchaser any payments or deposits for that hearing ((aid)) instrument.  However, the hearing instrument fitter/dispenser or audiologist licensee or permit holder may retain, for each hearing ((aid, fifteen percent of the total purchase price or one hundred dollars, whichever is less)) instrument, fifteen percent of the total purchase price or one hundred and twenty-five dollars, whichever is less.  After December 31, 1996, the recision amount shall be determined by the board.  The hearing instrument fitter/dispenser or audiologist licensee or permit holder shall also return any goods traded in contemplation of the sale, less any costs incurred by the hearing instrument fitter/dispenser or audiologist licensee or 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. 27.  RCW 18.35.190 and 1989 c 198 s 8 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 registered or hold a permit hereunder, or by any assignee or transferee ((thereof, arising out of the business of fitting and dispensing of hearing aids)), it shall be necessary to allege and prove that the licensee, registrant, or permit holder at the time of the transaction held a valid license, registration, or permit as required by this chapter, and that such license, registration, or permit has not been suspended or revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160.

     Sec. 28.  RCW 18.35.195 and 1983 c 39 s 22 are each amended to read as follows:

(1) This chapter shall not apply to military or federal government employees((, nor shall it apply to)).

(2) This chapter does not prohibit or regulate:

(a) Fitting or dispensing by students enrolled in ((an accredited)) a board-approved program who are directly supervised by a licensed hearing ((aid)) instrument fitter/dispenser or licensed audiologist under the provisions of this chapter;

(b) The practice of speech-language pathology or audiology by a student who is enrolled in a course of study leading to a degree in audiology or speech-language pathology at a college or university and who is working under the educational supervision of a licensed speech-language pathologist or licensed audiologist; and

(c) Hearing instrument fitter/dispensers, 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, medical, or other healing art professional associations so long as such activities do not go beyond the scope of practice defined by this chapter.

     Sec. 29.  RCW 18.35.205 and 1983 c 39 s 24 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 ((aid fitter-dispensers)) instrument fitter/dispensers, speech-language pathologists, audiologists, permit holders, and respective assistants throughout the state.  Therefore, the provisions of this chapter relating to the licensing of hearing ((aid fitter-dispensers and hearing aid)) instrument fitter/dispensers, speech-language pathologists, and  audiologists, registration of speech-language pathologist assistants and audiologist assistants, and regulation of permit holders and their respective establishments or facilities is exclusive.  No political subdivision of the state of Washington within whose jurisdiction a hearing ((aid)) instrument fitter/dispenser, audiologist, or speech-language pathologist establishment or facility is located may require any registrations, bonds, licenses, or 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. 30.  RCW 18.35.230 and 1989 c 198 s 9 are each amended to read as follows:

     (1) Each licensee registrant, or 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, registration, or 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. 31.  RCW 18.35.240 and 1993 c 313 s 11 are each amended to read as follows:

     (1) Every establishment engaged in the fitting and dispensing of hearing ((aids)) instruments shall file with the department a surety bond in the sum of ten thousand dollars, running to the state of Washington, for the benefit of any person injured or damaged as a result of any violation by the establishment's 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 establishment may file with the department a cash deposit or other negotiable security acceptable to the department.  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 is filed, the department shall deposit the funds ((with the state treasurer)).  The cash or other negotiable security deposited with the department shall be returned to the depositor one year after the establishment has discontinued the fitting and dispensing of hearing ((aids)) instruments if no legal action has been instituted against the establishment, its agents or employees, or the cash deposit or other security.  The establishment owners shall notify the department if the establishment is sold, changes names, or has discontinued the fitting and dispensing of hearing ((aids)) instruments in order that the cash deposit or other security may be released at the end of one year from that date.

     (4) A surety may file with the department notice of withdrawal of the bond of the establishment.  Upon filing a new bond, or upon the expiration of sixty days after the filing of notice of withdrawal by the surety, the liability of the former surety for all future acts of the establishment terminates.

     (5) Upon the filing with the department notice by a surety of withdrawal of the surety on the bond of an establishment or upon the cancellation by the department of the bond of a surety under this section, the department shall immediately give notice to the establishment by certified or registered mail with return receipt requested addressed to the establishment's last place of business as filed with the department.

     (6) The department shall immediately cancel the bond given by a surety company upon being advised that the surety company's license to transact business in this state has been revoked.

     (7) Each invoice for the purchase of a hearing ((aid)) instrument provided to a customer must clearly display on the first page the bond number of the establishment or the licensee ((selling)) or permit holder fitting/dispensing the hearing ((aid)) instrument.

     Sec. 32.  RCW 18.35.250 and 1991 c 3 s 86 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 permit holder, agent, or establishment for any violation of this chapter or any rule adopted under this chapter.  The aggregate liability of the surety 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 shall be commenced by serving and filing the complaint within one year from the date of the cancellation of the bond.  An action upon a cash deposit or other security shall be commenced by serving and filing the complaint within one year from the date of notification to the department of the change in ownership of the establishment or the discontinuation of the fitting and dispensing of hearing ((aids)) instruments by that establishment.  Two copies of the complaint shall be served by registered or certified mail, return receipt requested, upon the department at the time the suit is started.  The service constitutes service on the surety.  The secretary shall transmit one copy of the complaint to the surety within five business days after the copy has been received.

     (3) The secretary shall maintain a record, available for public inspection, of all suits commenced under this chapter under surety bonds, or the cash or other security deposited in lieu of the surety bond.  In the event that any final judgment impairs the liability of the surety upon a bond so furnished or the amount of the deposit so that there is not in effect a bond undertaking or deposit in the full amount prescribed in this section, the department shall suspend the license until the bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, has been furnished.

     (4) If a judgment is entered against the deposit or security required under this chapter, the department shall, upon receipt of a certified copy of a final judgment, pay the judgment from the amount of the deposit or security.

NEW SECTION. Sec. 33.  RCW 18.35.170 and 1993 c 313 s 8 & 1973 1st ex.s. c 106 s 17 are each repealed.

NEW SECTION. Sec. 34. The governing authorities of the Washington hearing aid society, the Washington speech and hearing association, and the Washington society of audiology are requested to jointly initiate a study and develop consensus recommendations regarding the merits of requiring a two-year degree as an entry level requirement for licensing hearing instrument fitter/dispensers under chapter 18.35 RCW.  The study and recommendations, at a minimum, must include consideration of the fiscal impact of the proposal, the feasibility of providing a two-year degree curriculum, and the status of those currently licensed as hearing instrument fitter/dispensers under chapter 18.35 RCW.  The study must be coordinated with the state board of community and technical colleges, the international hearing instrument society, and the national certification examination committee.  The agreed upon recommendations must be presented to the senate health and human services and the house of representatives health care committees prior to January 1, 2000.

NEW SECTION. Sec. 35.  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.

                                    --- END ---