AN
ACT Relating to hearing instrument fitters and dispensers; amending RCW
18.35.010, 18.35.020, 18.35.040, 18.35.060, 18.35.090, 18.35.100, 18.35.105,
18.35.120, 18.35.140, 18.35.161, 18.35.172, 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; reenacting and
amending RCW 18.35.110; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.35.010 and 1996 c 200 s 2 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 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 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 ((hearing instrument fitter/dispenser)) interim
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 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)
(("Hearing instrument fitter/dispenser)) "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 speech-language pathologist
or certified audiologist.
(14)
"Secretary" means the secretary of health.
(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.
2. RCW
18.35.020 and 1996 c 200 s 3 are each amended to read as follows:
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 audiologist or holds ((a hearing instrument fitter/dispenser
permit or audiology)) 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 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.
Sec.
3. RCW
18.35.040 and 1996 c 200 s 5 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)
((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)) 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
(((d)))
(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 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.
4. RCW
18.35.060 and 1997 c 275 s 3 are each amended to read as follows:
(((1)
The department shall issue a hearing instrument fitting/dispensing permit to
any applicant who has shown to the satisfaction of the department that the
applicant:
(a)
Is at least twenty-one years of age;
(b)
If issued a hearing instrument fitter/dispenser permit, would be employed and
directly supervised in the fitting and dispensing of hearing instruments by a
person licensed or certified in good standing as a hearing instrument
fitter/dispenser or audiologist for at least two years unless otherwise
approved by the board;
(c)
Has complied with administrative procedures, administrative requirements, and
fees determined as provided in RCW 43.70.250 and 43.70.280;
(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 hearing instrument fitter/dispenser permit. Pursuant to the
provisions of this section, a person issued a hearing instrument
fitter/dispenser permit may engage in the fitting and dispensing of hearing
instruments without having first passed the hearing instrument fitter/dispenser
examination provided under this chapter.
(2)
The hearing instrument fitter/dispenser permit shall contain the names of the
employer and the licensed or certified supervisor under this chapter who are
employing and supervising the hearing instrument fitter/dispenser permit holder
and those persons shall execute an acknowledgment of responsibility for all
acts of the hearing instrument fitter/dispenser permit holder in connection
with the fitting and dispensing of hearing instruments.
(3)
A hearing instrument fitter/dispenser permit holder may fit and dispense
hearing instruments, but only if the hearing instrument fitter/dispenser permit
holder is under the direct supervision of a licensed hearing instrument
fitter/dispenser or certified audiologist under this chapter in a capacity
other than as a hearing instrument fitter/dispenser permit holder. Direct
supervision by a licensed hearing instrument fitter/dispenser or certified
audiologist shall be required whenever the hearing instrument fitter/dispenser
permit holder is engaged in the fitting or dispensing of hearing instruments
during the 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 hearing instrument fitter/dispenser permit expires one year from the date
of its issuance except that on recommendation of the board the permit may be
reissued for one additional year only.
(5)
No certified audiologist or licensed hearing instrument fitter/dispenser under
this chapter may assume the responsibility for more than one hearing instrument
fitter/dispenser permit holder at any one time.
(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(2) to practice under ((interim permit)) direct
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.
5. RCW
18.35.090 and 1997 c 275 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.
6. RCW
18.35.100 and 1996 c 200 s 13 are each amended to read as follows:
(1)
Every 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 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.
7. RCW
18.35.105 and 1996 c 200 s 14 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.
8. RCW
18.35.110 and 1996 c 200 s 15 and 1996 c 178 s 1 are each reenacted and 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)) 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 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 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 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 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.
9. RCW
18.35.120 and 1996 c 200 s 17 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.
10. RCW
18.35.140 and 1996 c 200 s 18 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.
(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 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, interim
permit, or certificate.
Sec.
11. RCW
18.35.161 and 1996 c 200 s 20 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 develop guidelines on the training and supervision of 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)))
(3) To develop, approve, and administer or supervise the administration
of examinations to applicants for licensure and certification under this
chapter;
(((5)))
(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;
(((6)))
(5) To pass upon the qualifications of applicants for licensure,
certification, or interim permits and to certify to the secretary;
(((7)))
(6) To recommend requirements for continuing education and continuing
competency requirements as a prerequisite to renewing a license or certificate
under this chapter;
(((8)))
(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;
(((9)))
(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
(((10)))
(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.
12. RCW
18.35.172 and 1996 c 200 s 22 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.
13. RCW
18.35.185 and 1996 c 200 s 25 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 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 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 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
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 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 audiologist, or interim
permit holder for any inspection for modification or repair, and the licensed
hearing instrument fitter/dispenser, certified 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 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 audiologist, or interim permit holder, the
licensed hearing instrument fitter/dispenser, certified 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 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 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
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.
14. RCW
18.35.190 and 1996 c 200 s 26 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)) an interim permit ((hereunder)) 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.
15. RCW
18.35.195 and 1996 c 200 s 27 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 ((or)),
a certified 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.
Sec.
16. RCW
18.35.205 and 1996 c 200 s 28 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.
17. RCW
18.35.230 and 1996 c 200 s 29 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.
18. RCW
18.35.240 and 1996 c 200 s 30 are each amended to read as follows:
(1)
Every establishment engaged in the fitting and dispensing of hearing
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. 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 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 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 instrument provided to a customer
must clearly display on the first page the bond number of the establishment or
the licensee or certificate or interim permit holder fitting/dispensing
the hearing instrument.
Sec.
19. RCW
18.35.250 and 1996 c 200 s 31 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
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 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.
20. RCW
18.35.260 and 1996 c 200 s 16 are each amended 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.
NEW
SECTION. Sec. 21.
Sections 1 through 14 and 16 through 20 of this act take effect January 1,
2003.
