No. 32090 (Amendment): R156-46a. Hearing Instrument Specialist Licensing Act Rules

DAR File No.: 32090
Filed: 10/30/2008, 09:38
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Hearing Instrument Specialist Licensing Board are proposing amendments to the rule to: 1) clarify when a hearing instrument intern can take the Utah Practical Examination; 2) increase the minimum passing score on the Utah Law and Rule examination; and 3) add additional unprofessional conduct definitions.

Summary of the rule or change:

Throughout the rule the term "rules" has been replaced with "rule" where applicable. Also throughout the rule, statutory citations have been updated. In Section R156-46a-302c, amendments are made in this section to clarify when a hearing instrument intern is eligible to take the Utah Practical Examination. Also the passing score for the Utah Law and Rules Examination was increased from 75% to 85%. In Section R156-46a-502a, added three new definitions of unprofessional conduct: 1) using stalling tactics, excuses, arguing or attempting to dissuade the purchaser to avoid or delay the customer from exercising the 30-day right to cancel a hearing aid purchase; 2) failing to start the reimbursement process within 48 hours of the purchaser's request to cancel a hearing aid purchase; and 3) failing to conform to the generally accepted and recognized standards and ethics of the profession which are outlined in two documents.

State statutory or constitutional authorization for this rule:

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

This rule or change incorporates by reference the following material:

Adds the Hearing Health Care Providers of Utah Association, "Utah Code of Ethics and Standards of Practice", adopted September 6, 2006; and the Code of Ethics of the International Hearing Society, adopted April 2007

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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:

The proposed amendments do not apply to local governments. The proposed amendments only apply to licensed hearing instrument specialists and licensed hearing instrument interns and applicants for licensure in those classifications.

small businesses and persons other than businesses:

The proposed amendments only apply to licensed hearing instrument specialists and hearing instrument interns and applicants for licensure in those classifications. These individuals may qualify as a "small business" if the business pays any licensing fees required for the individual. The proposed amendments will impact the hearing instrument industry by requiring a minimum number of hours an intern must work under direct supervision before the intern is eligible to take the appropriate examinations and then if successful begin to work under indirect supervision. However, the proposed amendments will ensure that the intern is fully trained and is ready to work on his own and will be beneficial to public safety. Any exact cost amount is difficult to quantify due to varying circumstances. Also, licensed hearing instrument specialists and hearing instrument interns could see increased costs if they engaged in unprofessional conduct in needing to represent themselves or through an attorney if any disciplinary action proceeding is filed against them. Again any exact cost amount is difficult to quantify due to varying circumstances.

Compliance costs for affected persons:

The proposed amendments only apply to licensed hearing instrument specialists and hearing instrument interns and applicants for licensure in those classifications. The proposed amendments will impact the hearing instrument industry by requiring a minimum number of hours an intern must work under direct supervision before the intern is eligible to take the appropriate examinations and then if successful begin to work under indirect supervision. However, the proposed amendments will ensure that the intern is fully trained and is ready to work on his own and will be beneficial to public safety. Any exact cost amount is difficult to quantify due to varying circumstances. Also, licensed hearing instrument specialists and hearing instrument interns could see increased costs if they engaged in unprofessional conduct in their practice in needing to represent themselves or through an attorney if any disciplinary action proceeding is filed against them. Again any exact cost amount is difficult to quantify due to varying circumstances.

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

This rule filing establishes and clarifies examination requirements for applicants and also further clarifies the definition of "unprofessional conduct". There may be additional costs to intern applicants based upon the requirements that the applicant complete certain internship experience and education in order to be eligible for the examination, but that cost is difficult to quantify and will likely be offset by the benefit to the public of having better trained interns. 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:

12/15/2008

Interested persons may attend a public hearing regarding this rule:

11/20/2008 at 9:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 250 (second floor hearing room), Salt Lake City, UT

This rule may become effective on:

12/22/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-46a. Hearing Instrument Specialist Licensing Act Rule[s].

R156-46a-101. Title.

Th[ese]is rule[s are] is known as the "Hearing Instrument Specialist Licensing Act Rule[s]."

 

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 th[ese]is rule[s]:

(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(1)(e), in Section R156-46a-502.

 

R156-46a-103. Authority - Purpose.

Th[ese]is rule[s are] is 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]1)(b) 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-302b. Qualifications for Licensure - Hearing Instrument Specialist Experience Requirement.

In accordance with Subsections 58-1-203([2]1)(b) and 58-1-301(3), the experience requirement for licensure as a hearing instrument specialist in Subsection 58-46a-302(1)(d) is defined and clarified as follows.

An applicant shall document successful completion of 4000 hours of acceptable practice as a hearing instrument intern by submitting a notarized Completion of Internship form provided by the division.

 

R156-46a-302c. Qualifications for Licensure - [Passing Score for Utah Law and Rules Examination]Examination Requirements.

In accordance with Subsections 58-46a-302(1)(f) and 58-46a-302.5(1)(b), the requirements for the examination of a hearing instrument intern are defined as clarified as follows:

(1) In order to qualify to take the Utah Practical Examination for Hearing Instrument Interns, an applicant as a hearing instrument intern shall have been licensed, have completed 500 hours of the 4,000 hour hearing instrument internship under direct supervision and have completed the National Institute for Hearing instrument studies education and examination program.

(2) In order to pass the Utah Law and Rules Examination for Hearing Instrument Specialists, an applicant as a hearing instrument specialist or hearing instrument intern shall achieve a score of at least [75%]85%.

 

R156-46a-304. Continuing Education.

In accordance with S[ubs]ection 58-46a-304, the continuing education requirement for renewal of licensure as a hearing instrument specialist is defined and clarified as follows:

(1) Continuing education courses shall be offered in the following areas:

(a) acoustics;

(b) nature of the ear (normal ear, hearing process, disorders of hearing);

(c) hearing measurement;

(d) hearing aid technology;

(e) selection of hearing aids;

(f) marketing and customer relations;

(g) client counseling;

(h) ethical practice;

(i) state laws and regulations regarding the dispensing of hearing aids; and

(j) other areas deemed appropriate by the Division in collaboration with the Board.

(2) Only contact hours from the American Speech-Language-Hearing Association (ASHA) or the International Hearing Society (IHS) shall be applied towards meeting the minimum requirements set forth in Subsection R156-46a-304(4).

(3) As verification of contact hours earned, the Division will accept copies of transcripts or certificates of completion from continuing education courses approved by ASHA or IHS.

(4) A minimum of 20 contact hours shall be obtained by a hearing instrument specialist in order to have the license renewed every two years.

 

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) using stalling tactics, excuses, arguing or attempting to dissuade the purchaser to avoid or delay the customer from exercising the 30-day right to cancel a hearing aid purchase pursuant to Subsection 58-46a-503(1);

(9) failing to start the reimbursement process within 48 hours of the purchaser's request to cancel a hearing aid purchase pursuant to Subsection 58-46a-503(1);

([8]10) failure to perform a prepurchase hearing evaluation;

([9]11) supervising more than two hearing instrument interns at one time;[ and]

([10]12) failing as a hearing instrument intern supervisor to comply with any of the requirements of Section R156-46a-302d; and

(13) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the Hearing Health Care Providers of Utah Association, "Utah Code of Ethics and Standards of Practice", adopted September 6, 2006, and the Code of Ethics of the International Hearing Society, adopted April 2007, which are hereby incorporated by reference.

 

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

Date of Enactment or Last Substantive Amendment: [July 11, 2006]2008

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