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;
reenacting and amending RCW 18.130.040; adding new sections to chapter 18.35
RCW; creating new sections; 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) "Certified
audiologist" means a person who is certified by the department to engage
in the practice of audiology and meets the qualifications in this chapter.
(3)
"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.
(4)
"Board" means the board ((on fitting and dispensing)) of
hearing ((aids)) and speech.
(((3))) (5)
"Department" means the department of health.
(6) "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.
(7)
"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 during the firm's business hours; where business is
conducted; and the address of which is given to the state for the purpose of
bonding.
(8)
"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.
(9) "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 certified audiologist.
(10) "Good
standing" means a licensed hearing instrument fitter/dispenser or
certified audiologist or speech language pathologist whose license or
certificate 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.
(11)
"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))) (12) "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.
(13) "Hearing
instrument fitter/dispenser permit holder" means a person who practices
under the direct supervision of a licensed hearing instrument fitter/dispenser
or certified audiologist.
(14)
"Secretary" means the secretary of health.
(((6)
"Establishment" means any facility engaged in the fitting and
dispensing of hearing aids.))
(15) "Certified
speech-language pathologist" means a person who is certified by the
department to engage in the practice of speech-language pathology and meets the
qualifications of this chapter.
(16)
"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.
Sec. 3. RCW 18.35.020 and 1989 c
198 s 1 are each amended to read as follows:
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 a
certified 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 certified 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.
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, certificate, 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)) another
jurisdiction if the standards for licensing in such other jurisdiction are
substantially equivalent to those prevailing in this state;
(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 secretary and proof of completion of a minimum of four clock
hours of AIDS education and training pursuant to rules adopted by the board.
(2) An applicant for
certification 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 secretary and proof of completion of a minimum of four clock
hours of AIDS education and training pursuant to 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 or certification 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 or certification. 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 or certified 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 or
certified 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)) licensed hearing instrument fitter/dispenser or
certified audiologist 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 certified 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)) certified 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 certification or audiologist
certification 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 certified
speech-language pathologist or certified 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.
Sec. 9. RCW 18.35.080 and 1991 c
3 s 83 are each amended to read as follows:
(1) The
department shall license or certify 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 or certificate. A person shall not knowingly
make a false, material statement in an application for a license,
certification, or permit or for a renewal of a license, certification, 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 certificate 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 certification under this subsection
must apply for a certificate before July 1, 1997.
(3) The board shall
waive the examinations and grant an audiology certificate 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 certification under this
subsection must apply for a certificate before July 1, 1997.
(4) The board shall
grant an audiology certificate 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 certification under this subsection must apply for a
certificate 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 certificate
(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
certificate upon review. Persons eligible for certification under this
subsection must apply for a certificate before July 1, 1997.
Sec. 10. 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.
Sec. 11. 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, certificate, or permit and shall keep the license,
certificate, or permit conspicuously posted in the place of business at all
times. The license, certificate, 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)),
certificate, or permit prior to the expiration date shall automatically lapse.
Within three years from the date of lapse and upon recommendation of the board,
the secretary may revive a lapsed license or certificate 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 or certificate
or permit holders as a condition for license, certificate, or permit
renewal.
Sec. 12. 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 ((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)) other requirements as determined
by the board. 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 certified 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 certificate
holder. The board shall define by rule the conditions for inactive status
certification. In addition to the requirements of RCW 43.24.086, the fee for a
certificate on inactive status shall be directly related to the cost of
administering an inactive certificate 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 fee for the year, and complying with
subsection (4) of this section.
(4) Speech-language
pathologist or audiologist inactive certificate holders applying for active
certification shall comply with requirements set forth by the board, which may
include completion of continuing competency requirements and taking an
examination.
Sec. 13. 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, 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, certificate,
or permit.
(2) The department
shall keep a record of the places of business of persons who hold licenses,
certificates, or permits.
(3) Any notice required
to be given by the department to a person who holds a license, certificate,
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 or certificate or
permit holder of proceedings to deny, suspend, or revoke the license,
certificate, or permit shall be by certified or registered mail or by means
authorized for service of process.
Sec. 14. RCW 18.35.105 and 1989 c
198 s 6 are each amended to read as follows:
Each licensee and
certificate 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 or certificate holder changes employment. If a contract
between the establishment or facility and the licensee or certificate
holder provides that the records are to remain with the licensee or
certificate holder, copies of such records shall be provided to the
establishment or facility.
Sec. 15. 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 or
holding a permit or certificate 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 certificate 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 certificate holder or that licensee's or
certificate holder'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 ((licensee)) licensed hearing instrument
fitter/dispenser, certified audiologist, 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 ((licensee)) licensed hearing
instrument fitter/dispenser, certified audiologist, or permit holder or ((the
licensee's)) their 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 ((licensee)) licensed hearing
instrument fitter/dispenser, certified audiologist, 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 certificate or permit holder shall
mean that the licensee or certificate 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 ((licensee))
licensed hearing instrument fitter/dispenser or certified audiologist
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 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 audiologist who
holds at least a master's degree in audiology, except in cases of hearing ((aids))
instruments replaced within ((six)) twelve 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, certificate, or permit;
(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) Aiding or abetting
any violation of the rebating laws as stated in chapter 19.68 RCW.
NEW SECTION. Sec.
16. 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
"licensed 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 licensed
hearing instrument fitter/dispenser.
(2) A person who is not
certified with the secretary as a speech-language pathologist under the
requirements of this chapter may not represent himself or herself as being so
certified and may not use in connection with his or her name the words
including "certified speech-language pathologist" or a variation,
synonym, word, sign, number, insignia, coinage, or whatever expresses, employs,
or implies these terms, names, or functions as a certified speech-language
pathologist.
(3) A person who is not
certified with the secretary as an audiologist under the requirements of this
chapter may not represent himself or herself as being so certified and may not
use in connection with his or her name the words "certified
audiologist" or a variation, synonym, letter, word, sign, number,
insignia, coinage, or whatever expresses, employs, or implies these terms,
names, or functions of a certified 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 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) Nothing in this
chapter prohibits a person credentialed in this state under another act from
engaging in the practice for which he or she is credentialed.
Sec. 17. RCW 18.35.120 and 1983 c
39 s 10 are each amended to read as follows:
A licensee or
certificate or permit holder under this chapter may also be subject to
disciplinary action if the licensee or certificate 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 or certificate 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 or certificate
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 or certificate unless
the judgment arises out of and is based on acts of the applicant, licensee, certificate
holder, or employee of the licensee or certificate holder; or
(4) Commits
unprofessional conduct as defined in RCW 18.130.180 of the uniform disciplinary
act.
Sec. 18. 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 certification.
(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 or certified under this chapter, as reasonably required
within the discretion of the department.
(4) To appoint
advisory committees as necessary.
(5) To keep a record
of proceedings under this chapter and a register of all persons licensed,
certified, 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 certificate or interim permit holder for
speech-language pathology, every living certificate or interim permit holder
for audiology, with his or her last known place of residence and the date and
number of his or her license, permit, or certificate.
Sec. 19. 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)) ten members to be appointed
by the governor.
(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
certified 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
certified 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 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 governor may
remove a member of the board for cause at the recommendation of a majority of
the board.
Sec. 20. 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 examinations to applicants
for licensure and certification under this chapter; ((and))
(5) To require a
licensee or certificate 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, certification, 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 certificate 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 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, permit holders, and consumers in
this state; and
(10) 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.
21. 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. 22. 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 practice, the issuance
and denial of licenses, certificates, and permits, and the discipline of
licensees and certificate and permit holders under this chapter.
Sec. 23. 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 or certificate holders under this chapter.
Sec. 24. 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. 25. 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 ((licensee's)) licensed hearing instrument fitter/dispenser,
certified audiologist, or permit holder's breach if:
(a) The purchaser, for
reasonable cause, returns the hearing ((aid)) instrument or holds
it at the ((licensee's)) licensed hearing instrument
fitter/dispenser, certified audiologist, 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 ((licensee)) licensed hearing instrument
fitter/dispenser, certified audiologist, 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 ((licensee)) licensed hearing instrument
fitter/dispenser, certified audiologist, 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 licensed hearing instrument fitter/dispenser,
certified audiologist 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 notification of availability for
redeliveries. Where the hearing ((aid)) instrument is
returned to the ((licensee)) licensed hearing instrument
fitter/dispenser, certified audiologist, or permit holder for any
inspection for modification or repair, and the ((licensee)) licensed
hearing instrument fitter/dispenser, certified audiologist, 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 ((licensee)) licensed hearing instrument
fitter/dispenser, certified audiologist, 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 ((licensee)) licensed
hearing instrument fitter/dispenser, certified audiologist, or permit holder,
the ((licensee)) licensed hearing instrument fitter/dispenser,
certified audiologist, or permit holder shall refund to the purchaser any
payments or deposits for that hearing ((aid)) instrument.
However, the ((licensee)) licensed hearing instrument
fitter/dispenser, certified audiologist, 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 twenty-five dollars, whichever is less.
After December 31, 1996, the recision amount shall be determined by the board.
The ((licensee)) licensed hearing instrument fitter/dispenser,
certified audiologist, or permit holder shall also return any goods traded
in contemplation of the sale, less any costs incurred by the ((licensee))
licensed hearing instrument fitter/dispenser, certified audiologist, 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. 26. 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 certified or to 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 or certificate or permit holder at the time
of the transaction held a valid license, certificate, or permit as
required by this chapter, and that such license, certificate, or permit
has not been suspended or revoked pursuant to RCW 18.35.110, 18.35.120, or
18.130.160.
Sec. 27. 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 certified
audiologist under the provisions of this chapter; and
(b) 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. 28. 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, and permit
holders throughout the state. Therefore, the provisions of this chapter
relating to the licensing or certification of hearing ((aid
fitter-dispensers and hearing aid)) instrument fitter/dispensers,
speech-language pathologists, and audiologists 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, certificates, 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. 29. RCW 18.35.230 and 1989 c
198 s 9 are each amended to read as follows:
(1) Each licensee or
certificate 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,
certificate, 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. 30. 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 certificate or permit
holder fitting/dispensing the hearing ((aid)) instrument.
Sec. 31. 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
certificate 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 or
certificate 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.
Sec. 32. RCW 18.130.040 and 1995
c 336 s 2, 1995 c 323 s 16, 1995 c 260 s 11, and 1995 c 1 s 19 (Initiative
Measure No. 607) are each reenacted and amended to read as follows:
(1) This chapter
applies only to the secretary and the boards and commissions having
jurisdiction in relation to the professions licensed under the chapters
specified in this section. This chapter does not apply to any business or
profession not licensed under the chapters specified in this section.
(2)(a) The secretary
has authority under this chapter in relation to the following professions:
(i) Dispensing
opticians licensed under chapter 18.34 RCW;
(ii) Naturopaths
licensed under chapter 18.36A RCW;
(iii) Midwives licensed
under chapter 18.50 RCW;
(iv) Ocularists
licensed under chapter 18.55 RCW;
(v) Massage operators
and businesses licensed under chapter 18.108 RCW;
(vi) Dental hygienists
licensed under chapter 18.29 RCW;
(vii) Acupuncturists
licensed under chapter 18.06 RCW;
(viii) Radiologic
technologists certified and X-ray technicians registered under chapter 18.84
RCW;
(ix) Respiratory care
practitioners certified under chapter 18.89 RCW;
(x) Persons registered
or certified under chapter 18.19 RCW;
(xi) Persons registered
as nursing pool operators under chapter 18.52C RCW;
(xii) Nursing
assistants registered or certified under chapter 18.79 RCW;
(xiii) Health care
assistants certified under chapter 18.135 RCW;
(xiv) Dietitians and
nutritionists certified under chapter 18.138 RCW;
(xv) Sex offender
treatment providers certified under chapter 18.155 RCW;
(xvi) Persons licensed
and certified under chapter 18.73 RCW or RCW 18.71.205;
(xvii) Persons
registered as adult family home operators under RCW 18.48.020; and
(xviii) Denturists
licensed under chapter 18.30 RCW.
(b) The boards and
commissions having authority under this chapter are as follows:
(i) The podiatric
medical board as established in chapter 18.22 RCW;
(ii) The chiropractic
quality assurance commission as established in chapter 18.25 RCW;
(iii) The dental
quality assurance commission as established in chapter 18.32 RCW;
(iv) The board ((on
fitting and dispensing)) of hearing ((aids)) and speech as
established in chapter 18.35 RCW;
(v) The board of
examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry
board as established in chapter 18.54 RCW governing licenses issued under
chapter 18.53 RCW;
(vii) The board of
osteopathic medicine and surgery as established in chapter 18.57 RCW governing
licenses issued under chapters 18.57 and 18.57A RCW;
(viii) The board of
pharmacy as established in chapter 18.64 RCW governing licenses issued under
chapters 18.64 and 18.64A RCW;
(ix) The medical
quality assurance commission as established in chapter 18.71 RCW governing
licenses and registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of
physical therapy as established in chapter 18.74 RCW;
(xi) The board of
occupational therapy practice as established in chapter 18.59 RCW;
(xii) The nursing care
quality assurance commission as established in chapter 18.79 RCW governing
licenses issued under that chapter;
(xiii) The examining
board of psychology and its disciplinary committee as established in chapter
18.83 RCW; and
(xiv) The veterinary
board of governors as established in chapter 18.92 RCW.
(3) In addition to the
authority to discipline license holders, the disciplining authority has the
authority to grant or deny licenses based on the conditions and criteria
established in this chapter and the chapters specified in subsection (2) of
this section. This chapter also governs any investigation, hearing, or proceeding relating
to denial of licensure or issuance of a license conditioned on the applicant's
compliance with an order entered pursuant to RCW 18.130.160 by the disciplining
authority.
(4) All disciplining
authorities shall adopt procedures to ensure substantially consistent
application of this chapter, the Uniform Disciplinary Act, among the
disciplining authorities listed in subsection (2) of this section.
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 board of hearing and
speech shall conduct a study in consultation with the governing authorities of
the Washington hearing aid society, the Washington speech and hearing
association, and the Washington society of audiology to develop
recommendations on the appropriateness of 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 effect on access of the
public to services, 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 for community and technical colleges and the department of
health. The recommendations shall be presented to the senate health and human
services and the house of representatives health care committees prior to
January 1, 1998.
NEW SECTION. Sec.
35. Recognizing the trend in
utilization of speech-language pathologist assistants and audiologist assistants
across practice settings, the board of hearing and speech shall, on an ongoing
basis, collect data on: The number of assistants in specific practice
settings; supervisor to speech-language pathologist assistant or audiologist
assistant ratios; and the level of education and training of speech-language
pathologist assistants and audiologist assistants.
NEW
SECTION. Sec. 36. 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.
