DAR File No. 38155

Commerce, Occupational and Professional Licensing

Rule R156-46a

Hearing Instrument Specialist Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38155
Filed: 11/25/2013 11:13:36 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Hearing Instrument Specialist Licensing Board are proposing amendments to delete the experience requirement as a result of changes made by H.B. 46 passed during the 2013 General Legislative Session. H.B. 46 eliminated the experience requirement for licensure as a hearing instrument specialist. The proposed amendments also update outdated portions of the rule, eliminate portions that are duplicative or already addressed in statute, and make technical corrections.

Summary of the rule or change:

In Section R156-46a-102, amendments eliminate definitions that are no longer needed because the usage of these words is being deleted from other sections in the rule. Section R156-46a-302a is deleted in its entirety to eliminate the requirement that the certificate from National Board for Certification in Hearing Instrument Sciences (NBC-HIS) be notarized. This notarization is not needed because of the ease of verifying the authenticity of registrations directly with NBC-HIS. Section R156-46a-302b is deleted in its entirety because it contains information relating to experience requirements which were deleted by H.B. 46. Section R156-46a-302c is renumbered to R156-46a-302a. Subsection R156-46a-302a(1) is deleted because it contains information relating to experience requirements which were deleted by H.B. 46. Subsection R156-46a-302a(2) is amended to reorganize the sentence to make the requirement easier to read and understand. Section R156-46a-302d is renumbered to R156-46a-302b. Amendments delete existing language that prohibits a person from becoming a hearing instrument specialist intern supervisor if the person has had any disciplinary action within five years. The statute provides that a supervisor must be active and in good standing. Any prior disciplinary action should itself address limitations that are necessary to protect the public. Subsections R156-46a-302b(5) through (7) are deleted because they contain information relating to experience requirements which were deleted by H.B. 46. In Section R156-46a-303, rule citations are updated. In Section R156-46a-304, amendments eliminate a redundancy in the wording. Subsection R156-46a-502a(3) is deleted to eliminate a redundant provision regarding aiding or abetting unlicensed conduct which is already specified as unlawful conduct under Subsection 58-1-501(2)(c). In old Subsection R156-46a-502a(4), now subsection (3), amendments correct an error in the current rule which states a medical evaluation must be completed by a physician. The statute allows other appropriately licensed persons to perform these evaluations. Amendments also add a citation to the federal Food and Drug Administration law that is referenced in the rule. Subsections R156-46a-502a(5) and (7) are being deleted to eliminate redundant provisions regarding misleading and deceptive practices that are already defined as unprofessional conduct in Subsection 58-1-501(2)(h). Subsections R156-46a-502a(9) through (12) are being deleted because they are redundant with other sections of statutes or rules which already address these requirements. Old Subsection R156-46a-502a(13), now subsection (5), is updating the Code of Ethics of the International Hearing Society to the March 2009 edition and deleting the incorporation by reference to the Utah Code of Ethics established by the Hearing Health Care Providers of Utah Association, September 6, 2006 edition, because the Utah Code of Ethics is duplicative of the national standard.

State statutory or constitutional authorization for this rule:

• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)
• Section 58-46a-101
• Section 58-46a-304

This rule or change incorporates by reference the following material:

• Removes Utah Code of Ethics, published by Hearing Health Care Providers of Utah Association, September 6, 2006
• Adds Code of Ethics, published by International Hearing Society, March 2009

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute 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 only apply to licensed hearing instrument specialists and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed hearing instrument specialists and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments affect persons licensed or obtaining licensure as hearing instrument specialists. The elimination of the experience requirement will have no effect beyond the effect already incurred by the statute change as a result of H.B. 46. In addition, the elimination of the experience requirement will have little if any practical effect on these persons because these persons are still required by statute to obtain a certification from the National Board for Certification-Hearing Instrument Sciences in order to be licensed as a hearing instrument specialist in Utah. That organization continues to have a two-year experience requirement for certification. Therefore, the actual experience that must be obtained before licensure is granted is unchanged. The remaining rule amendments are mostly technical changes rather than changes that substantively affect the practice of licensing hearing instrument specialists. Therefore, these changes will have little if any financial impact on these persons.

Compliance costs for affected persons:

The proposed amendments affect persons licensed or obtaining licensure as hearing instrument specialists. The elimination of the experience requirement will have no effect beyond the effect already incurred by the statute change as a result of H.B. 46. In addition, the elimination of the experience requirement will have little if any practical effect on these persons because these persons are still required by statute to obtain a certification from the National Board for Certification-Hearing Instrument Sciences in order to be licensed as a hearing instrument specialist in Utah. That organization continues to have a two-year experience requirement for certification. Therefore, the actual experience that must be obtained before licensure is granted is unchanged. The remaining rule amendments are mostly technical changes rather than changes that substantively affect the practice of licensing hearing instrument specialists. Therefore, these changes will have little if any financial impact on these persons. It should also be noted that no costs are associated with the updated Code of Ethics of the International Hearing Society since this document can be found online at no cost.

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

As explained in the rule analysis, this filing makes technical corrections and clarifications, and responds to legislative action taken in the 2013 General Legislative Session (H.B. 46). No fiscal impact to businesses is anticipated from these amendments beyond that considered by the Legislature in determining to amend the statute.

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:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at [email protected]

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:

01/14/2014

Interested persons may attend a public hearing regarding this rule:

• 01/02/2014 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT

This rule may become effective on:

01/21/2014

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

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

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 this rule,[:

(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)] "[U]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-302a. Qualifications for Licensure - Hearing Instrument Specialist Certification Requirement.

In accordance with Subsections 58-1-203(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(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-302[c]a. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-46a-302(1)(f) and 58-46a-302.5(2)(a), 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]to require a minimum score of 85% on each section of 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 85%].

 

R156-46a-302[d]b. 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]2) supervise no more than two hearing instrument interns at one time;

([4]3) 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; and[

(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]4) notify the Division within ten working days if [the]an internship program is terminated.

 

R156-46a-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 46a is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308 c.

 

R156-46a-304. Continuing Education.

In accordance with Section 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]Continuing education courses required under this section shall be approved by 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.]Licensees shall retain copies of transcripts or certificates of completion from continuing education courses approved under this section for a period of four years, during which time the Division may audit the licensee's compliance with the requirements of this section.

(4) A minimum of 20 [contact]continuing education course 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]failing 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]as required by Subsection 58-46-502(5) within the [preceding ]six -[ ]month[s] period 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 in CFR Title 21, Section 801.421, 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]4) engaging in unprofessional conduct specified in Subsection 58-1-501(2)(h) including:

(a) 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; and

[ (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]b) 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); and[

(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);

(10) failure to perform a prepurchase hearing evaluation;

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

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

([13]5) 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]March 2009, which [are]is hereby incorporated by reference.

 

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

Date of Enactment or Last Substantive Amendment: [December 22, 2008]2014

Notice of Continuation: February 24, 2009

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