AN ACT Relating to the regulation of speech-language pathologists and audiologists; reenacting and amending RCW 18.120.020 and 18.130.040; adding a new chapter to Title 18 RCW; providing an effective date; and making an appropriation.

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

NEW SECTION. Sec. 1. INTENT. The legislature finds that it is necessary to regulate the practice of speech-language pathology and audiology in order to protect the public health, safety, and welfare. It is the legislature's intent that only individuals who meet and maintain minimum standards of competence and conduct may provide service to the public.

NEW SECTION. Sec. 2. LICENSING REQUIRED. (1) No person may practice or represent himself or herself as a speech-language pathologist or audiologist without first applying for and receiving from the director a license to practice speech-language pathology or audiology.

(2) A person represents himself or herself as a speech-language pathologist or an audiologist when he or she adopts or uses any title or any description of services which incorporates one or more of the following terms or designations: Audiologist, certified clinical audiologist, hearing clinician, hearing therapist, speech-language pathologist, speech-language therapist, speech-language correctionist, speech-language clinician, language pathologist, language therapist, speech therapist, speech pathologist, logopedist, communicologist, voice therapist, voice pathologist, or any similar title or description of service.

NEW SECTION. Sec. 3. SCOPE OF PRACTICE. (1) Speech-language pathology and audiology are the practice by speech-language pathologists and audiologists of the art and science of the diagnosis, prevention, and treatment of speech or hearing disorders. The speech-language pathologist and audiologist are responsible and accountable to the consumer for the quality of speech-language pathology and audiology care rendered.

(2) The practice of audiology includes: The application of nonmedical and nonsurgical principles, methods, and procedures of measurement, testing, evaluation, prediction, consultation, counseling, instruction, habilitation, or rehabilitation related to hearing and hearing disorders for the purpose of evaluating, identifying, preventing, ameliorating, or modifying such disorders and conditions in individuals and groups of individuals.

(3) The practice of speech-language pathology includes: The application of nonmedical and nonsurgical principles, methods, and procedures for measurement, testing, evaluation, prediction, counseling, instruction, habilitation or rehabilitation related to the development and disorders of speech, language, communication, voice, or swallowing for the purpose of evaluating, preventing, ameliorating, or modifying such physical and psychological disorders and conditions in individuals and groups of individuals.

(4) The practice of speech-language pathology and audiology may also include the performance of such additional acts requiring education and training which the director determines are consistent with the practice of speech-language pathology or audiology and authorizes through administrative rules and regulations.

(5) Applicants shall be licensed either in speech-language pathology or audiology; however, any person may be licensed in both areas if the person meets the qualifications for both licenses.

(6) No person licensed as a speech-language pathologist or audiologist may dispense hearing aids unless also licensed under chapter 18.35 RCW.

NEW SECTION. Sec. 4. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Committee" means the state speech-language pathology and audiology advisory committee.

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

(3) "Director" means the director of licensing or the director's designee.

(4) "Speech-language pathologist" or "audiologist" means an individual licensed under this chapter.

NEW SECTION. Sec. 5. EXEMPTIONS. This chapter shall not be construed to prohibit or restrict:

(1) Any person licensed as a hearing aid fitter and dispenser pursuant to chapter 18.35 RCW from engaging in the practice of measuring, testing, appraisal, prediction, counseling, and instructions related to fitting, use, and dispensing of hearing aids, or any hearing aid fitter and dispenser licensed pursuant to chapter 18.35 RCW from employing and using such terms as hearing aid center, hearing aid clinic, or any similar titles or description of services so long as the word "aid" is incorporated in any such title or description of service; or

(2) Any person licensed, certified, or registered in this state by any other law from engaging in the profession or occupation for which he or she is licensed, certified, or registered under other laws of this state who are performing services within his or her authorized scope of practice; or

(3) A person who holds a valid and current credential as a speech or hearing specialist, issued by the office of the superintendent of public instruction of this state, or a person employed as a speech-language pathologist or audiologist by the government of the United States, if such person performs speech pathology or audiology services solely within the confines or under the jurisdiction of the governmental or state educational organization by which he or she is employed. However, such person may, without obtaining a license under this chapter, consult with or disseminate his or her research findings and other scientific information to speech pathologists and audiologists outside the jurisdiction of the organization by which he or she is employed. Such person may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter; or

(4) Any person pursuing a course of study leading to a degree in speech-language pathology or in audiology at an accredited college or university, if such student practices as part of a supervised course of study and is identified by a title clearly indicating his or her training status; or

(5) Any entity or organization providing testing and evaluation for its own employees from conducting a program which uses any person who holds a certificate of clinical competence from a national speech-language hearing association or those who work under the direct supervision of any person with such a certification or under any otolaryngologist.

NEW SECTION. Sec. 6. DIRECTOR'S AUTHORITY. (1) In addition to any other authority provided by law, the director shall have the following authority:

(a) To adopt rules, in accordance with chapter 34.04 RCW, necessary to implement this chapter;

(b) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;

(d) To issue a license to any applicant who has met the education, training, and examination requirements for licensure and deny a license to applicants who do not meet the minimum qualifications for licensure, except that denial of licenses based on unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;

(e) To hire clerical, administrative, and investigative staff as needed to implement and administer this chapter and to hire individuals including those licensed under this chapter to serve as examiners or consultants as necessary to implement and administer this chapter;

(f) To maintain the official department record of all applicants and licensees;

(g) To conduct a hearing on an appeal of a denial of a license based on the applicant's failure to meet the minimum qualifications for licensure. The hearing shall be conducted pursuant to chapter 34.04 RCW;

(h) To adopt rules implementing a continuing competency program; and

(i) To implement and administer a program for consumer education.

(2) The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses, and the discipline of licensees under this chapter. The director shall be the disciplining authority under this chapter.

NEW SECTION. Sec. 7. ADVISORY COMMITTEE. (1) There is hereby created the state speech-language pathology and audiology advisory committee consisting of five members appointed by the director who shall advise the director concerning the administration of this chapter. Two members of the committee shall be speech-language pathologists, two members shall be audiologists, and one member shall be a consumer representative.

(2) The speech-language pathologist and audiologist members shall have been engaged in rendering services to the public or teaching for at least five years immediately preceding their appointments and shall hold active and valid licenses for the practice of speech-language pathology or audiology in this state except for the initial members. One speech-language pathologist, one audiologist, and the consumer representative shall serve three-year terms, and one speech-language pathologist and one audiologist shall serve two-year terms. The term of office for committee members after the initial committee shall be three years. No committee member may serve more than two consecutive terms, whether full or partial.

Any committee member may be removed for just cause including a finding of fact of unprofessional conduct, impaired practice, or more than three unexcused absences. The director may appoint a new member to fill any vacancy on the committee.

(3) Committee members shall be compensated in accordance with RCW 43.03.240 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(4) The committee shall meet at least once each year, and may meet at such other times as called by the director.

(5) The director, members of the committee, or individuals acting on their behalf, are immune from suit in any civil action based on any acts performed in the course of their duties.

NEW SECTION. Sec. 8. REQUIREMENTS FOR LICENSURE. (1) Within one year following the effective date of this section, every candidate for licensure as a speech-language pathologist or audiologist shall show evidence of meeting current professionally accepted standards as determined by the director and set forth in rules. Such standards may include the following:

(a) A master's degree in the area of speech-language pathology or audiology related to the normal development, function, and use of speech, language, voice, and hearing, or the subsequent equivalent coursework;

(b) Completion of supervised direct clinical practicum with individuals presenting a variety of disorders of communication;

(d) Successful completion of an examination administered or approved by the director.

(2) Within one year after the effective date of this section, the department shall issue an original license to any applicant currently engaged in the professions of speech-language pathology or audiology in Washington.

(3) Within one year after the effective date of this section, the department shall issue a provisional license to any applicant who has completed the requirements of subsection (1) of this section, as determined by the director, except for completion of the examination. The provisional license shall expire upon the date of notification to the applicant of the results of the first examination administered following the issuance of the provisional license.

NEW SECTION. Sec. 9. APPROVAL OF EDUCATIONAL PROGRAMS. The director shall establish by rule the standards and procedures for approval of educational programs and may contract with individuals or organizations having expertise in the profession or in education to report to the director the information necessary for the director to evaluate the educational programs. The standards and procedures for approval shall apply equally to educational programs within the United States and those in foreign jurisdictions. The director may establish a fee for educational program evaluation. The fee shall be determined by the administrative costs for the educational program evaluation.

NEW SECTION. Sec. 10. EXAMINATIONS. (1) The date and location of the examination shall be established by the director. Applicants required to take the examination shall be rescheduled for the next examination following the filing of the application. The director shall establish by rule the examination deadline.

(2) The examination shall contain subjects appropriate to the standards of competency and scope of practice.

(3) The director shall establish by rule the requirements for a reexamination if the applicant has failed the examination.

(4) The committee may approve an examination prepared and/or administered by a private testing agency or association of licensing boards.

NEW SECTION. Sec. 11. APPLICANTS LICENSED IN ANOTHER JURISDICTION. The director shall establish by rule the standards for licensure of applicants licensed in another jurisdiction.

NEW SECTION. Sec. 12. APPLICATIONS. Applications for licensure shall be submitted on forms provided by the department. The department may require any information and documentation needed to determine whether the applicant meets the criteria for licensure as provided in this chapter and chapter 18.130 RCW. Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086. The fee shall be submitted with the application.

NEW SECTION. Sec. 13. RENEWALS. The director shall establish by rule the requirements for renewal of licenses. The director shall establish a renewal and late renewal penalty fee as provided in RCW 43.24.086. Failure to renew shall invalidate the license and all privileges granted by the license. The director shall determine by rule procedures and prerequisites for relicensure.

NEW SECTION. Sec. 14. INACTIVE LICENSES. (1) An individual may place his or her license on inactive status. The holder of an inactive license shall not practice speech-language pathology or audiology in this state without first activating the license.

(2) The inactive renewal fee shall be established by the director pursuant to RCW 43.24.086. Failure to renew an inactive license shall result in cancellation in the same manner as an active license.

(3) A licensee may be placed in an inactive status upon compliance with the rules established by the director.

(4) The provisions relating to the denial, suspension, and revocation of a license shall be applicable to an inactive license, except that when proceedings to suspend or revoke an inactive license have been initiated, the license shall remain inactive until the proceedings have been completed.

NEW SECTION. Sec. 15. SHORT TITLE. This chapter shall be known as the speech-language pathologist and audiologist practice act.

NEW SECTION. Sec. 16. SECTIONS HEADINGS NOT LAW. Section headings as used in this chapter do not constitute any part of the law.

Sec. 17. Section 3, chapter 117, Laws of 1985 and section 28, chapter 326, Laws of 1985 and RCW 18.120.020 are each reenacted and amended to read as follows:

The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise.

(1) "Applicant group" includes any health professional group or organization, any individual, or any other interested party which proposes that any health professional group not presently regulated be regulated or which proposes to substantially increase the scope of practice of the profession.

(2) "Certificate" and "certification" mean a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed health professional tasks.

(3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated health profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.

(4) "Health professions" means and includes the following health and health-related licensed or regulated professions and occupations: Podiatry under chapter 18.22 RCW; chiropractic under chapters 18.25 and 18.26 RCW; dental hygiene under chapter 18.29 RCW; dentistry under chapter 18.32 RCW; dispensing opticians under chapter 18.34 RCW; hearing aids under chapter 18.35 RCW; drugless healing under chapter 18.36 RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter 18.50 RCW; nursing home administration under chapter 18.52 RCW; optometry under chapters 18.53 and 18.54 RCW; ocularists under chapter 18.55 RCW; osteopathy and osteopathic medicine and surgery under chapters 18.57 and 18.57A RCW; pharmacy under chapters 18.64 and 18.64A RCW; medicine under chapters 18.71, 18.71A, and 18.72 RCW; emergency medicine under chapter 18.73 RCW; physical therapy under chapter 18.74 RCW; practical nurses under chapter 18.78 RCW; psychologists under chapter 18.83 RCW; registered nurses under chapter 18.88 RCW; occupational therapists licensed pursuant to chapter 18.59 RCW; veterinarians and animal technicians under chapter 18.92 RCW; health care assistants under chapter 18.135 RCW; massage practitioners under chapter 18.108 RCW; ((~~and~~)) acupuncturists certified under chapter 18.06 RCW; and speech-language pathologists and audiologists under chapter 18.-- RCW (sections 1 through 16 of this 1987 act).

(5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.

(6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate health professions not previously regulated.

(7) "License", "licensing", and "licensure" mean permission to engage in a health profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed health professional tasks and for the use of a particular title.

(8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.

(9) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified health profession.

(10) "Public member" means an individual who is not, and never was, a member of the health profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the health professional service being regulated or an activity directly related to the profession being regulated.

(11) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the health activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.

(12) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.

(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.

Sec. 18. Section 4, chapter 279, Laws of 1984 as amended by section 29, chapter 326, Laws of 1985 and by section 3, chapter 259, Laws of 1986 and RCW 18.130.040 are each reenacted and amended to read as follows:

(1) This chapter applies only to the director and the boards 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 director has authority under this chapter in relation to the following professions:

(i) Dispensing opticians licensed under chapter 18.34 RCW;

(ii) Drugless healers licensed under chapter 18.36 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; ((~~and~~))

(vii) Acupuncturists certified under chapter 18.106 RCW; and

(viii) Speech-language pathologists and audiologists licensed under chapter 18.-- RCW (sections 1 through 16 of this 1987 act).

(b) The boards having authority under this chapter are as follows:

(i) The podiatry board as established in chapter 18.22 RCW;

(ii) The chiropractic disciplinary board as established in chapter 18.26 RCW governing licenses issued under chapter 18.25 RCW;

(iii) The dental disciplinary board as established in chapter 18.32 RCW;

(iv) The board of funeral directors and embalmers as established in chapter 18.39 RCW;

(v) The optometry board as established in chapter 18.54 RCW governing licenses issued under chapter 18.53 RCW;

(vi) 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;

(vii) The medical disciplinary board as established in chapter 18.72 RCW governing licenses and registrations issued under chapters 18.71 and 18.71A RCW;

(viii) The board of physical therapy as established in chapter 18.74 RCW;

(ix) The board of occupational therapy practice as established in chapter 18.59 RCW;

(x) The board of practical nursing as established in chapter 18.78 RCW;

(xi) The board of nursing as established in chapter 18.88 RCW; and

(xii) 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. However, the board of chiropractic examiners has authority over issuance and denial of licenses provided for in chapter 18.25 RCW, the board of dental examiners has authority over issuance and denial of licenses provided for in RCW 18.32.040, and the board of medical examiners has authority over issuance and denial of licenses and registrations provided for in chapters 18.71 and 18.71A RCW. 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.

NEW SECTION. Sec. 19. Sections 1 through 16 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 20. EFFECTIVE DATE. Sections 2 and 10 of this act shall take effect twelve months after this act is signed into law.

NEW SECTION. Sec. 21. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the health professions account fund to the department of licensing for the purposes of this act.

NEW SECTION. Sec. 22. 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.