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.
