AN
ACT Relating to licensure of audiologists and speech-language pathologists;
amending RCW 18.35.010, 18.35.020, 18.35.030, 18.35.040, 18.35.050, 18.35.060,
18.35.080, 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, 18.35.185, 18.35.190,
18.35.195, 18.35.205, 18.35.230, 18.35.240, 18.35.250, and 18.35.260; and
providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.35.010 and 1998 c 142 s 1 are each amended to read as follows:
As
used in this chapter, unless the context requires otherwise:
(1)
"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)) Licensed audiologist" means a person who
is ((certified)) licensed 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 of hearing and speech.
(5)
"Department" means the department of health.
(6)
"Direct supervision" means that the supervisor is physically present
and in the same room with the interim permit holder, observing the
nondiagnostic testing, fitting, and dispensing activities 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)) licensed audiologist.
(10)
"Good standing" means a licensed hearing instrument fitter/dispenser
((or certified)), licensed audiologist, or licensed
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 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, ear molds, and
assistive listening devices.
(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)
"Interim permit holder" means a person who holds the permit created
under RCW 18.35.060 and who practices under the direct supervision of a
licensed hearing instrument fitter/dispenser ((or certified)),
licensed speech-language pathologist, or ((certified)) licensed
audiologist.
(14)
"Secretary" means the secretary of health.
(15)
"((Certified)) Licensed speech-language pathologist"
means a person who is ((certified)) licensed 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.
2. RCW
18.35.020 and 1998 c 142 s 2 are each amended to read as follows:
(1)
No person shall engage in the fitting and dispensing of hearing instruments or
imply or represent that he or she is engaged in the fitting and dispensing of
hearing instruments unless he or she is a licensed hearing instrument
fitter/dispenser or a ((certified)) licensed audiologist or holds
an 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 an establishment that dispenses hearing
instruments is responsible under this chapter for all transactions made in the
establishment name or conducted on its premises by agents or persons employed
by the establishment engaged in fitting and dispensing of hearing instruments.
Every establishment that fits and dispenses shall have in its employ at least
one licensed hearing instrument fitter/dispenser or ((certified)) licensed
audiologist at all times, and shall annually submit proof that all testing
equipment at that establishment that is required by the board to be calibrated
has been properly calibrated.
(2)
Effective January 1, 2003, no person shall engage in the practice of audiology
or imply or represent that he or she is engaged in the practice of audiology
unless he or she is a licensed audiologist or holds an audiology interim permit
issued by the department as provided in this chapter. Audiologists who are
certified as educational staff associates by the state board of education are
excluded unless they elect to become licensed under this chapter.
(3)
Effective January 1, 2003, no person shall engage in the practice of
speech-language pathology or imply or represent that he or she is engaged in
the practice of speech-language pathology unless he or she is a licensed
speech-language pathologist or holds a speech-language pathology interim permit
issued by the department as provided in this chapter. Speech-language
pathologists who are certified as educational staff associates by the state
board of education are excluded unless they elect to become licensed under this
chapter.
Sec.
3. RCW
18.35.030 and 1996 c 200 s 4 are each amended to read as follows:
Any
person who engages in fitting and dispensing of hearing instruments shall
provide to each person who enters into an agreement to purchase a hearing
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 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 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 instrument, the purchaser shall also be
furnished with the serial number of the hearing instrument supplied.
Sec.
4. RCW
18.35.040 and 1998 c 142 s 3 are each amended to read as follows:
(1)
An applicant for 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 be issued a license
under the provisions of this chapter if the applicant:
(a)(i)
Satisfactorily completes the hearing instrument fitter/dispenser examination
required by this chapter; or
(ii)
Holds a current, unsuspended, unrevoked license from another jurisdiction if
the standards for licensing in such other jurisdiction are substantially
equivalent to those prevailing in this state;
(b)
Satisfactorily completes a minimum of a two-year degree program in hearing
instrument fitter/dispenser instruction. The program must be approved by the
board; and
(c)
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)) licensure 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.
5. RCW
18.35.050 and 1996 c 200 s 6 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 or practical tests, or
both. 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. 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.
6. RCW
18.35.060 and 1998 c 142 s 4 are each amended to read as follows:
The
department, upon approval by the board, shall issue an interim permit
authorizing an applicant for speech-language pathologist ((certification))
licensure or audiologist ((certification)) licensure who,
except for the postgraduate professional experience and the examination
requirements, meets the academic and practicum requirements of RCW 18.35.040(2)
to practice under direct supervision. 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.
7. RCW
18.35.080 and 1997 c 275 s 4 are each amended to read as follows:
(1)
The department shall license ((or certify)) each qualified applicant who
satisfactorily completes the required examinations for his or her profession
and complies with administrative procedures and administrative requirements
established pursuant to RCW 43.70.250 and 43.70.280.
(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 June 6, 1996, 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 June 6, 1996, 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 instrument
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 June 6, 1996, 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.)) The board shall waive
the requirements of RCW 18.35.040 and 18.35.050 and grant an audiology license
to a person who on January 1, 2003, holds a current audiology certificate
issued by the department.
(3)
The board shall waive the requirements of RCW 18.35.040 and 18.35.050 and grant
a speech-language pathology license to a person who on January 1, 2003, holds a
current speech-language pathology certificate issued by the department.
Sec.
8. RCW
18.35.090 and 1998 c 142 s 5 are each amended to read as follows:
Each
person who engages in practice under this chapter shall comply with
administrative procedures and administrative requirements established under RCW
43.70.250 and 43.70.280 and shall keep the license((, certificate,)) or
interim permit conspicuously posted in the place of business at all times. The
secretary may establish mandatory continuing education requirements and/or
continued competency standards to be met by licensees ((or certificate))
or interim permit holders as a condition for license((, certificate,))
or interim permit renewal.
Sec.
9. RCW
18.35.095 and 1996 c 200 s 12 are each amended to read as follows:
(1)
A hearing instrument fitter/dispenser licensed under this chapter and not
actively 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 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 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 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 take the hearing
instrument fitter/dispenser practical examination, 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 instruments.
(3)
A speech-language pathologist or audiologist ((certified)) licensed
under this chapter and not actively practicing either speech-language pathology
or audiology may be placed on inactive status by the department at the written
request of the ((certificate)) license holder. The board shall
define by rule the conditions for inactive status ((certification)) licensure.
In addition to the requirements of RCW 43.24.086, the fee for a ((certificate))
license on inactive status shall be directly related to the cost of
administering an inactive ((certificate)) 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 fee
for the year, and complying with subsection (4) of this section.
(4)
Speech-language pathologist or audiologist inactive ((certificate)) license
holders applying for active ((certification)) licensure shall
comply with requirements set forth by the board, which may include completion
of continuing competency requirements and taking an examination.
Sec.
10. RCW
18.35.100 and 1998 c 142 s 6 are each amended to read as follows:
(1)
Every hearing instrument fitter/dispenser, audiologist, speech-language
pathologist, 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 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 the license((, certificate,)) or
interim permit.
(2)
The department shall keep a record of the places of business of persons who
hold licenses((, certificates,)) or interim permits.
(3)
Any notice required to be given by the department to a person who holds a
license((, certificate,)) or interim permit may be given by mailing it
to the address of the last establishment or facility of which the person has
notified the department, except that notice to a licensee ((or certificate))
or interim permit holder of proceedings to deny, suspend, or revoke the
license((, certificate,)) or interim permit shall be by certified or
registered mail or by means authorized for service of process.
Sec.
11. RCW
18.35.105 and 1998 c 142 s 7 are each amended to read as follows:
Each
licensee and ((certificate and)) interim permit holder under this
chapter shall keep records of all services rendered for a 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 interim 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, 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.
12. RCW
18.35.110 and 1998 c 142 s 8 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 an interim 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 dispensing hearing 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 instrument;
(c)
Advertising a particular model, type, or kind of hearing 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))
interim permit holder or on the basis of information furnished by the
prospective hearing instrument user prior to fitting and dispensing a hearing
instrument to any such prospective hearing instrument user, failing to advise
that prospective hearing 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 instrument user from
seeking such medical opinion prior to the fitting and dispensing of a hearing
instrument. No such referral for medical opinion need be made by any licensed
hearing instrument fitter/dispenser, ((certified)) licensed
audiologist, or interim permit holder in the instance of replacement only of a
hearing instrument which has been lost or damaged beyond repair within twelve
months of the date of purchase. The licensed hearing instrument
fitter/dispenser, ((certified)) licensed audiologist, or interim
permit holder or their employees or putative agents shall obtain a signed
statement from the hearing 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 licensed
hearing instrument fitter/dispenser, ((certified)) licensed
audiologist, or interim permit holder shall maintain a copy of either the
physician's statement showing that the prospective hearing 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 instrument. Nothing in this section required to be performed by a
licensee or ((certificate or)) interim permit holder shall mean that the
licensee or ((certificate or)) interim 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 instrument to any person under eighteen years
of age who has not been examined and cleared for hearing 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 licensed hearing instrument
fitter/dispenser or ((certified)) licensed 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 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 instruments replaced
within 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 osteopathic medicine 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 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 medicine and surgery
profession when such use is not accurate;
(g)
Permitting another to use his or her license((, certificate,)) or
interim permit;
(h)
Stating or implying that the use of any hearing 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 instrument;
(i)
Representing or implying that a hearing 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 hearing instrument fitter/dispenser, audiologist, or
interim 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.
Sec.
13. RCW
18.35.120 and 1998 c 142 s 9 are each amended to read as follows:
A
licensee or ((certificate or)) interim permit holder under this chapter
may also be subject to disciplinary action if the licensee or ((certificate
or)) interim 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.
14. RCW
18.35.140 and 1998 c 142 s 10 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 space necessary to carry out the examination set forth in RCW
18.35.070 of applicants for hearing instrument fitter/dispenser licenses or
audiology ((certification)) licenses.
(2)
To authorize all disbursements necessary to carry out the provisions of this
chapter.
(3)
To require the periodic examination of testing equipment, as defined by the
board, and to carry out the periodic inspection of facilities or establishments
of persons who 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 interim permits under this
chapter. The register shall show the name of every living licensee or interim
permit holder for hearing instrument fitting/dispensing, every living ((certificate))
licensee or interim permit holder for speech-language pathology, every living
((certificate)) licensee 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((,)) or interim permit((, or certificate)).
Sec.
15. RCW
18.35.150 and 1996 c 200 s 19 are each amended to read as follows:
(1)
There is created hereby the board of hearing and speech to govern the three
separate professions: Hearing instrument fitting/dispensing, audiology, and
speech-language pathology. The board shall consist of ten members to be
appointed by the governor.
(2)
Members of the board shall be residents of this state. 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 hearing instrument fitter/dispensers who are licensed under this
chapter, 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)) 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 ((certified)) 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
physician 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 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.
16. RCW
18.35.161 and 1998 c 142 s 11 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 instruments as deemed appropriate and in the public
interest;
(2)
To adopt any other rules necessary to implement this chapter and which are not
inconsistent with it;
(3)
To develop, approve, and administer or supervise the administration of
examinations to applicants for licensure ((and certification)) under
this chapter;
(4)
To require a licensee or ((certificate or)) interim 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;
(5)
To pass upon the qualifications of applicants for licensure((,
certification,)) or interim permits and to certify to the secretary;
(6)
To recommend requirements for continuing education and continuing competency
requirements as a prerequisite to renewing a license ((or certificate))
under this chapter;
(7)
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;
(8)
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, interim permit holders, and
consumers in this state; and
(9) 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.
Sec.
17. RCW
18.35.172 and 1998 c 142 s 12 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 interim permits,
and the discipline of licensees and ((certificate and)) permit holders
under this chapter.
Sec.
18. RCW
18.35.175 and 1996 c 200 s 23 are each amended to read as follows:
It
is unlawful to fit or dispense a hearing 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
instruments by wholesalers to licensees ((or certificate holders)) under
this chapter.
Sec.
19. RCW
18.35.185 and 1998 c 142 s 13 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 instrument shall have the right to rescind the
transaction for other than the licensed hearing instrument fitter/dispenser, ((certified))
licensed audiologist, or interim permit holder's breach if:
(a)
The purchaser, for reasonable cause, returns the hearing instrument or holds it
at the licensed hearing instrument fitter/dispenser, ((certified)) licensed
audiologist, or interim permit holder's disposal, if the hearing 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 instrument; and
(b)
The purchaser sends notice of the cancellation by certified mail, return
receipt requested, to the establishment employing the licensed hearing
instrument fitter/dispenser, ((certified)) licensed audiologist,
or interim permit holder at the time the hearing instrument was originally
purchased, and the notice is posted not later than thirty days following the
date of delivery, but the purchaser and the licensed hearing instrument
fitter/dispenser, ((certified)) licensed audiologist, or interim permit
holder may extend the deadline for posting of the notice of rescission by
mutual, written agreement. In the event the hearing 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)) licensed audiologist, or interim
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 as those between the
date of the notification of the problem to the date of notification of
availability for redeliveries. Where the hearing instrument is returned to the
licensed hearing instrument fitter/dispenser, ((certified)) licensed
audiologist, or interim permit holder for any inspection for modification or
repair, and the licensed hearing instrument fitter/dispenser, ((certified))
licensed audiologist, or interim permit holder has notified the
purchaser that the hearing instrument is available for redelivery, and where
the purchaser has not responded by either taking possession of the hearing
instrument or instructing the licensed hearing instrument fitter/dispenser, ((certified))
licensed audiologist, or interim permit holder to forward it to the
purchaser, then the deadline for giving notice of the recision shall 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 instrument is returned to the licensed hearing instrument
fitter/dispenser, ((certified)) licensed audiologist, or interim
permit holder, the licensed hearing instrument fitter/dispenser, ((certified))
licensed audiologist, or interim permit holder shall refund to the
purchaser any payments or deposits for that hearing instrument. However, the
licensed hearing instrument fitter/dispenser, ((certified)) licensed
audiologist, or interim permit holder may retain, for each hearing 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 licensed hearing instrument fitter/dispenser, ((certified))
licensed audiologist, or interim permit holder shall also return any
goods traded in contemplation of the sale, less any costs incurred by the
licensed hearing instrument fitter/dispenser, ((certified)) licensed
audiologist, or interim 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.
20. RCW
18.35.190 and 1998 c 142 s 14 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
an interim permit under this chapter, or by any assignee or transferee, it
shall be necessary to allege and prove that the licensee or ((certificate or))
interim permit holder at the time of the transaction held a valid license((,
certificate,)) or interim permit as required by this chapter, and that such
license((, certificate,)) or interim permit has not been suspended or
revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160.
Sec.
21. RCW
18.35.195 and 1998 c 142 s 15 are each amended to read as follows:
(1)
This chapter shall not apply to military or federal government employees.
(2)
This chapter does not prohibit or regulate:
(a)
Fitting or dispensing by students enrolled in a board-approved program who are
directly supervised by a licensed hearing instrument fitter/dispenser, a ((certified))
licensed audiologist under the provisions of this chapter, or an
instructor at a two-year hearing instrument fitter/dispenser degree program
that is approved by the board; ((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; and
(c)
The practice of audiology or speech-language pathology by persons certified by
the state board of education as educational staff associates, except for those
persons electing to be licensed under this chapter.
Sec.
22. RCW
18.35.205 and 1998 c 142 s 16 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 instrument fitter/dispensers,
speech-language pathologists, audiologists, and interim permit holders
throughout the state. Therefore, the provisions of this chapter relating to
the licensing ((or certification)) of hearing instrument
fitter/dispensers, speech-language pathologists, and audiologists and
regulation of interim permit holders and their respective establishments or
facilities is exclusive. No political subdivision of the state of Washington
within whose jurisdiction a hearing instrument fitter/dispenser, audiologist,
or speech-language pathologist establishment or facility is located may require
any registrations, bonds, licenses, certificates, or interim 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.
23. RCW
18.35.230 and 1998 c 142 s 17 are each amended to read as follows:
(1)
Each licensee or ((certificate or)) interim 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 interim 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.
24. RCW
18.35.240 and 2000 c 93 s 2 are each amended to read as follows:
(1)
Every individual engaged in the fitting and dispensing of hearing instruments
shall be covered by a surety bond of ten thousand dollars or more, for the
benefit of any person injured or damaged as a result of any violation by the
licensee((, certificate)) or permit holder, or their 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 licensee or ((certificate
or)) permit holder may deposit cash or other negotiable security in a
banking institution as defined in chapter 30.04 RCW or a credit union as
defined in chapter 31.12 RCW. 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 or other negotiable security is filed, the licensee or ((certificate
or)) permit holder shall maintain such cash or other negotiable security
for one year after discontinuing the fitting and dispensing of hearing
instruments.
(4)
Each invoice for the purchase of a hearing instrument provided to a customer
must clearly display on the first page the bond number covering the licensee or
((certificate or)) interim permit holder responsible for
fitting/dispensing the hearing instrument.
(5)
All licensed hearing instrument fitter/dispensers, ((certified)) licensed
audiologists, and permit holders must verify compliance with the requirement to
hold a surety bond or cash or other negotiable security by submitting a signed
declaration of compliance upon annual renewal of their license((,
certificate,)) or permit. Up to twenty-five percent of the credential
holders may be randomly audited for surety bond compliance after the credential
is renewed. It is the credential holder's responsibility to submit a copy of
the original surety bond or bonds, or documentation that cash or other
negotiable security is held in a banking institution during the time period
being audited. Failure to comply with the audit documentation request or
failure to supply acceptable documentation within thirty days may result in
disciplinary action.
Sec.
25. RCW
18.35.250 and 2000 c 93 s 4 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)) interim permit holder, agent, or employee
for any violation of this chapter or any rule adopted under this chapter. The
aggregate liability of the surety, cash deposit, or other negotiable security
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, cash deposit, or other negotiable security shall be
commenced by serving and filing a complaint.
Sec.
26. RCW
18.35.260 and 1998 c 142 s 20 are each amended to read as follows:
(1)
A person who is not a 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 licensed
speech-language pathologist ((under the requirements of this chapter))
may not represent himself or herself as being so ((certified)) licensed
and may not use in connection with his or her name the words including "((certified))
licensed 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)) licensed
speech-language pathologist.
(3)
A person who is not ((certified with the secretary as an)) a licensed
audiologist ((under the requirements of this chapter)) may not represent
himself or herself as being so ((certified)) licensed and may not
use in connection with his or her name the words "((certified)) licensed
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)) licensed audiologist.
(4)
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.
NEW
SECTION. Sec. 27. This
act takes effect January 1, 2003.
