No. 28732 (Amendment): R156-46a. Hearing Instrument Specialist Licensing Act Rules

DAR File No.: 28732
Filed: 05/15/2006, 01:58
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Hearing Instrument Specialist Licensing Board are proposing amendments to the rule to clarify the requirements for the supervision of a hearing instrument intern and to state that a violation of the supervision requirements is considered unprofessional conduct for a licensed hearing instrument specialist.

 

Summary of the rule or change:

Throughout the rule, statutory citations are corrected where necessary. Added Section R156-46a-302d with respect to hearing instrument intern supervision requirements and added to Section R156-46a-502a that failing to comply with the requirements of Section R156-46a-302d is considered unprofessional conduct for a licensed hearing instrument specialist.

 

State statutory or constitutional authorization for this rule:

Subsections 58-1-106(1)(a) and 58-1-202(1)(a); and Sections 58-46a-101 and 58-46a-304

 

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

 

local governments:

Proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. Proposed amendments only apply to licensees and potential licensees as either a hearing instrument specialist or hearing instrument intern.

 

other persons:

The Division anticipates no costs or savings to the public as a result of the proposed amendments since the proposed amendments are only a clarification of hearing instrument specialist internship supervision requirements and do not add any additional requirements that would affect the public. The proposed amendments will apply to licensed hearing instrument specialists who supervise licensed hearing instrument interns. However, the Division does not anticipate any costs or savings as a result of clarifying the supervision requirements in the rule beyond those costs currently in place when a licensed hearing instrument specialist supervises a licensed hearing instrument intern. However, if a licensed hearing instrument specialist violates the proposed supervision requirements, he could possibly be subject to disciplinary action against his license. The Division is unable to determine if or how many licensed hearing instrument specialists may violate the intern supervision requirements.

 

Compliance costs for affected persons:

The Division anticipates no costs or savings to the public as a result of the proposed amendments since the proposed amendments are only a clarification of hearing instrument specialist internship supervision requirements and do not add any additional requirements that would affect the public. The proposed amendments will apply to licensed hearing instrument specialists who supervise licensed hearing instrument interns. However, the Division does not anticipate any costs or savings as a result of clarifying the supervision requirements in the rule beyond those costs currently in place when a licensed hearing instrument specialist supervises a licensed hearing instrument intern. However, if a licensed hearing instrument specialist violates the proposed supervision requirements, he could possibly be subject to disciplinary action against his license. The Division is unable to determine if or how many licensed hearing instrument specialists may violate the intern supervision requirements.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule filing codifies standards for intern supervisors and defines the violation of these standards as unprofessional conduct. No fiscal impact to businesses is anticipated. Francine A. Giani, Executive Director

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/03/2006

 

Interested persons may attend a public hearing regarding this rule:

6/21/2006 at 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 4A (fourth floor), Salt Lake City, UT

 

This rule may become effective on:

07/11/2006

 

Authorized by:

J. Craig Jackson, Director

 

 

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-46a. Hearing Instrument Specialist Licensing Act Rules.

R156-46a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 46a, as used in Title 58, Chapters 1 and 46a or these rules:

(1) "Analog" means a continuous variable physical signal.

(2) "Digital" means using or involving numerical digits, expressed in a scale of notation to represent discreetly all variables occurring.

(3) "Programmable" means the electronic technology in the hearing instrument can be modified independently.

(4) "Unprofessional conduct," as defined in Title 58 Chapters 1 and 46a, is further defined, in accordance with Subsection 58-1-203([5]1)(e), in Section R156-46a-502.

 

R156-46a-103. Authority - Purpose.

These rules are adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58 Chapter 46a.

 

R156-46a-302a. Qualifications for Licensure - Hearing Instrument Specialist Certification Requirement.

In accordance with Subsections 58-1-203(2) and 58-1-301(3), an applicant shall submit a notarized copy of his current certificate documenting National Board for Certification in Hearing Instrument Sciences (NBC-HIS) to satisfy the certification requirement for licensure as a hearing instrument specialist in Subsection 58-46a-302(1)(e).

 

R156-46a-302d. Qualifications for Licensure - Internship Supervision Requirements.

In accordance with Subsections 58-46a-102(7) and 58-1-203(1)(b), the requirements for supervision of a hearing instrument intern are defined and clarified as follows. The hearing instrument intern supervisor shall:

(1) not have been disciplined for any unprofessional or unlawful conduct within five years of the start of any internship program;

(2) supervise no more than one hearing instrument intern on direct supervision;

(3) supervise no more than two hearing instrument interns at one time;

(4) not begin an internship program until:

(a) the hearing instrument intern is properly licensed as a hearing instrument intern; and

(b) the supervisor is approved by the Division in collaboration with the Board;

(5) keep a daily record on forms available from the Division, during the direct supervision period, which shall include the hours of instruction, the duties assigned, the total hours worked each week and the type of services performed;

(6) make available to the Division, upon request, upon completion of direct supervision and upon completion of the internship, the intern's training records;

(7) notify the Division immediately when the intern has completed direct supervision on forms available from the Division; and

(8) notify the Division within ten working days if the internship program is terminated.

 

R156-46a-502a. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) violating any state or federal law applicable to persons practicing as a hearing instrument specialist or hearing instrument intern;

(2) failure to perform the minimum components of an evaluation for a hearing aid as set forth in Section R156-46a-502b;

(3) aiding or abetting any person other than a Utah licensed hearing instrument specialist, a licensed hearing instrument intern, a licensed audiologist, or a licensed physician to perform a hearing aid examination;

(4) dispensing a hearing aid without the purchaser having:

(a) received a medical evaluation by a licensed physician within the preceding six months prior to the purchase of a hearing aid; or

(b) a document signed by the purchaser being a fully informed adult waiving the medical evaluation in accordance with Food and Drug Administration (FDA) required disclosures, except a person under the age of 18 years may not waive the medical evaluation;

(5) using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, deceiving, or untruthful;

(6) quoting prices of competitive hearing instruments or devices without disclosing that they are not the current prices or to show, demonstrate, or represent competitive models as being current when such is not the fact;

(7) using the word digital in any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or other representation when the hearing instrument circuit is less than 100% digital, unless the word digital is accompanied by the word analog, as in "digitally programmable analog hearing aid";

(8) failure to perform a prepurchase hearing evaluation;[ or]

(9) supervising more than two hearing instrument interns at one time; and

(10) failing as a hearing instrument intern supervisor to comply with any of the requirements of Section R156-46a-302d.

 

KEY: licensing, hearing aids, hearing instrument specialist, hearing instrument intern

Date of Enactment or Last Substantive Amendment: [March 18, 2003]2006

Notice of Continuation: June 24, 2004

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304