title: RCW 18.35.040

text:
(1) An applicant for licensure as a hearing aid specialist 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 has not committed unprofessional conduct as specified by chapter 18.130 RCW, and:
(a)(i) Satisfactorily completes the hearing aid specialist examination required by this chapter; and
(ii) Satisfactorily completes:
(A) A minimum of a two-year degree program in hearing aid specialist instruction. The program must be approved by the board;
(B) A two-year or four-year degree in a field of study approved by the board from an accredited institution, a nine-month board-approved certificate program offered by a board-approved hearing aid specialist program, and the practical examination approved by the board. The practical examination must be given at least quarterly, as determined by the board. The department may hire licensed industry experts approved by the board to proctor the examination; or
(b) 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 as provided in (a) of this subsection; or
(c)(i) Holds a current, unsuspended, unrevoked license from another jurisdiction, has been actively practicing as a licensed hearing aid specialist in another jurisdiction for at least forty-eight of the last sixty months, and submits proof of completion of advance certification from either the international hearing society or the national board for certification in hearing instrument sciences; and
(ii) Satisfactorily completes the hearing aid specialist examination required by this chapter or a substantially equivalent examination approved by the board.
The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary.
(2)(a) An applicant for licensure as a speech-language pathologist or audiologist must have the following minimum qualifications:
(i) Has not committed unprofessional conduct as specified by the uniform disciplinary act;
(ii) 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
(iii) Has completed postgraduate professional work experience approved by the board.
(b) All qualified applicants must satisfactorily complete the speech-language pathology or audiology examinations required by this chapter.
(c) The applicant must present proof of qualifications to the board in the manner and on forms prescribed by the secretary.
(3) An applicant for certification as a speech-language pathology assistant shall pay a fee determined by the secretary as provided in RCW 43.70.250 and must have the following minimum qualifications:
(a) An associate of arts or sciences degree, or a certificate of proficiency, from a speech-language pathology assistant program from an institution of higher education that is approved by the board, as is evidenced by the following:
(i) Transcripts showing forty-five quarter hours or thirty semester hours of speech-language pathology coursework; and
(ii) Transcripts showing forty-five quarter hours or thirty semester hours of general education credit; or
(b) A bachelor of arts or bachelor of sciences degree, as evidenced by transcripts, from a speech, language, and hearing program from an institution of higher education that is approved by the board.
[ 2020 c 76 s 17; 2014 c 189 s 4; 2009 c 301 s 3; 2007 c 271 s 1; 2002 c 310 s 4; 1998 c 142 s 3; 1996 c 200 s 5; 1991 c 3 s 81; 1989 c 198 s 2; 1985 c 7 s 30; 1983 c 39 s 4; 1975 1st ex.s. c 30 s 36; 1973 1st ex.s. c 106 s 4.]
Notes:
Effective date—2014 c 189 s 4: "Section 4 of this act takes effect July 1, 2015." [ 2014 c 189 s 19.]
Work group—2014 c 189: See note following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: "An applicant for certification as a speech-language pathology assistant may meet the requirements for certification as a speech-language pathology assistant if, within one year of July 1, 2010, he or she submits a competency checklist to the board of hearing and speech, and is employed under the supervision of a speech-language pathologist for at least six hundred hours within the last three years as defined by the board by rule." [ 2010 c 65 s 5; 2009 c 301 s 11.]
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Applicants—Generally.


doc_type: statute

jurisdiction: wa

title: RCW 18.35.050

text:
Except as otherwise provided in this chapter an applicant for license 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 aid specialist, 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. An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee. The hearing aid specialist reexamination fee for hearing aid specialists and audiologists shall be set by the secretary under RCW 43.70.250.
[ 2014 c 189 s 5; 2002 c 310 s 5; 1996 c 200 s 6; 1993 c 313 s 2; 1989 c 198 s 3; 1983 c 39 s 5; 1973 1st ex.s. c 106 s 5.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

code: rcw

unit: section

court: Washington State Legislature


title: RCW 18.35.060

text:
The department, upon approval by the board, shall issue an interim permit authorizing an applicant for speech-language pathologist licensure or audiologist 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 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.
[ 2005 c 45 s 3; 2002 c 310 s 6; 1998 c 142 s 4; 1997 c 275 s 3. Prior: 1996 c 200 s 7; 1996 c 191 s 19; 1993 c 313 s 3; 1991 c 3 s 82; 1985 c 7 s 31; 1983 c 39 s 6; 1975 1st ex.s. c 30 s 37; 1973 1st ex.s. c 106 s 6.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Interim permit—Issuance.


title: RCW 18.35.070

text:
The hearing aid specialist written or practical examination, or both, provided in RCW 18.35.050 shall consist of:
(1) Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments:
(a) Basic physics of sound;
(b) The human hearing mechanism, including the science of hearing and the causes and rehabilitation of abnormal hearing and hearing disorders; and
(c) Structure and function of hearing instruments.
(2) Tests of proficiency in the following areas as they pertain to the fitting of hearing instruments:
(a) Pure tone audiometry, including air conduction testing and bone conduction testing;
(b) Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;
(c) Effective masking;
(d) Recording and evaluation of audiograms and speech audiometry to determine hearing instrument candidacy;
(e) Selection and adaptation of hearing instruments and testing of hearing instruments; and
(f) Taking ear mold impressions.
(3) Evidence of knowledge regarding the medical and rehabilitation facilities for children and adults that are available in the area served.
(4) Evidence of knowledge of grounds for revocation or suspension of license under the provisions of this chapter.
(5) Any other tests as the board may by rule establish.
[ 2014 c 189 s 6; 1996 c 200 s 8; 1973 1st ex.s. c 106 s 7.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.

catchline: Examination—Contents—Tests.


title: RCW 18.35.080

text:
(1) The department shall license 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 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.
[ 2002 c 310 s 7; 1997 c 275 s 4. Prior: 1996 c 200 s 9; 1996 c 191 s 20; 1991 c 3 s 83; 1989 c 198 s 4; 1985 c 7 s 32; 1975 1st ex.s. c 30 s 38; 1973 1st ex.s. c 106 s 8.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.

catchline: License—Generally.


title: RCW 18.35.085

text:
An applicant holding a credential in another state, territory, or the District of Columbia may be credentialed to practice in this state without examination if the board determines that the other state's credentialing standards are substantially equivalent to the standards in this state.
[ 1996 c 200 s 10; 1991 c 332 s 31.]
Notes:
Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010.

catchline: Credentialing by endorsement.


title: RCW 18.35.090

text:
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 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 interim permit holders as a condition for license or interim permit renewal.
[ 2002 c 310 s 8; 1998 c 142 s 5; 1997 c 275 s 5. Prior: 1996 c 200 s 11; 1996 c 191 s 21; 1991 c 3 s 84; 1989 c 198 s 5; 1985 c 7 s 33; 1983 c 39 s 7; 1973 1st ex.s. c 106 s 9.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Compliance with administrative procedures, requirements—Display of license—Continuing education, competency standards.


title: RCW 18.35.095

text:
(1) A hearing aid specialist 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 aid specialist 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 aid specialist 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 aid specialist 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 aid specialist 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 licensed under this chapter, or a speech-language pathology assistant certified 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 license or certification holder. The board shall define by rule the conditions for inactive status licensure or certification. In addition to the requirements of RCW 43.24.086, the fee for a license or certification on inactive status shall be directly related to the cost of administering an inactive license or certification 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, speech-language pathology assistant, or audiologist inactive license or certification holders applying for active licensure or certification shall comply with requirements set forth by the board, which may include completion of continuing competency requirements and taking an examination.
[ 2014 c 189 s 7; 2009 c 301 s 4; 2002 c 310 s 9; 1996 c 200 s 12; 1993 c 313 s 12.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.
Effective date—2002 c 310: See note following RCW 18.35.010.

catchline: Licensure or certification—Inactive status.


title: RCW 18.35.100

text:
(1) Every hearing aid specialist, 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 or interim permit.
(2) The department shall keep a record of the places of business of persons who hold licenses or interim permits.
(3) Any notice required to be given by the department to a person who holds a license 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 interim permit holder of proceedings to deny, suspend, or revoke the license or interim permit shall be by certified or registered mail or by means authorized for service of process.
[ 2014 c 189 s 8; 2002 c 310 s 10; 1998 c 142 s 6; 1996 c 200 s 13; 1983 c 39 s 8; 1973 1st ex.s. c 106 s 10.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Place of business.


title: RCW 18.35.105

text:
Each licensee 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 aid specialists, 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 changes employment. If a contract between the establishment or facility and the licensee provides that the records are to remain with the licensee, copies of such records shall be provided to the establishment or facility.
[ 2014 c 189 s 9; 2002 c 310 s 11; 1998 c 142 s 7; 1996 c 200 s 14; 1989 c 198 s 6; 1983 c 39 s 16.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Records—Contents.


title: RCW 18.35.110

text:
In addition to causes specified under RCW 18.130.170 and 18.130.180, any person licensed or holding an interim permit 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 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 that licensee'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 aid specialist, 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 aid specialist, 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 aid specialist, 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 interim permit holder shall mean that the licensee 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 aid specialist or 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 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 aid specialist, 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.
[ 2014 c 189 s 10; 2002 c 310 s 12; 1998 c 142 s 8. Prior: 1996 c 200 s 15; 1996 c 178 s 1; 1993 c 313 s 4; 1987 c 150 s 22; 1983 c 39 s 9; 1973 1st ex.s. c 106 s 11.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.
Effective date—1996 c 178: "This act shall take effect July 1, 1996." [ 1996 c 178 s 25.]
Severability—1987 c 150: See RCW 18.122.901.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—Suspension of license: RCW 69.50.413.

catchline: Disciplinary action—Grounds.


title: RCW 18.35.120

text:
A licensee or interim permit holder under this chapter may also be subject to disciplinary action if the licensee 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 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 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 unless the judgment arises out of and is based on acts of the applicant, licensee, or employee of the licensee; or
(4) Commits unprofessional conduct as defined in RCW 18.130.180 of the uniform disciplinary act.
[ 2002 c 310 s 13; 1998 c 142 s 9; 1996 c 200 s 17; 1983 c 39 s 10; 1973 1st ex.s. c 106 s 12.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.
Penalties authorized: RCW 18.35.161.

catchline: Disciplinary action—Additional grounds.


title: RCW 18.35.140

text:
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 aid specialist licenses or audiology 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 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 or holding interim permits under this chapter. The register shall show the name of every living licensee or interim permit holder for hearing aid specialist, every living licensee or interim permit holder for speech-language pathology, and every living 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.
[ 2014 c 189 s 11; 2002 c 310 s 14; 1998 c 142 s 10; 1996 c 200 s 18; 1993 c 313 s 5; 1983 c 39 s 11; 1973 1st ex.s. c 106 s 14.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Powers and duties of department.


title: RCW 18.35.150

text:
(1) There is created hereby the board of hearing and speech to govern the three separate professions: Hearing aid specialist, audiology, and speech-language pathology. The board shall consist of eleven 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 aid specialists 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 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 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 speech-language pathology assistant certified in Washington. 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. 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 aid specialists, 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 majority of the board members appointed and serving constitutes a quorum for the transaction of board business. The affirmative vote of a majority of a quorum of the board is required to carry a motion or resolution, to adopt a rule, or to pass a measure. 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 43.03.265 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060. The board is designated as a class five group for purposes of chapter 43.03 RCW.
(7) The governor may remove a member of the board for cause at the recommendation of a majority of the board.
[ 2022 c 240 s 26; 2014 c 189 s 12; 2009 c 301 s 5; 2002 c 310 s 15; 1996 c 200 s 19; 1993 c 313 s 6; 1989 c 198 s 7; 1984 c 287 s 33; 1983 c 39 s 12; 1975-'76 2nd ex.s. c 34 s 35; 1973 1st ex.s. c 106 s 15.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.
Effective date—2002 c 310: See note following RCW 18.35.010.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
Secretary of health or designee as ex officio member of health professional licensure and disciplinary boards: RCW 43.70.300.

catchline: Board of hearing and speech—Created—Membership—Qualifications—Terms—Vacancies—Meetings—Compensation—Travel expenses.


title: RCW 18.35.161

text:
(1) The board shall have the following powers and duties:
(a) 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, except that the board shall not make any rule that prevents licensed professionals from using their clinical judgment to determine whether telehealth or in-person care is the appropriate treatment modality for a given patient;
(b) To adopt any other rules necessary to implement this chapter and which are not inconsistent with it;
(c) To develop, approve, and administer or supervise the administration of examinations to applicants for licensure under this chapter;
(d) To require a licensee 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;
(e) To pass upon the qualifications of applicants for licensure or interim permits and to certify to the secretary;
(f) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license or certification under this chapter;
(g) 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;
(h) To adopt rules, if the board finds it appropriate, in response to questions put to it by professional health associations, hearing aid specialists, audiologists, speech-language pathologists, interim permit holders, and consumers in this state; and
(i) To adopt rules relating to standards of care relating to hearing aid specialists or audiologists, including the dispensing of hearing instruments, and relating to speech-language pathologists, including dispensing of communication devices, except that the board shall not make any rule that prevents licensed professionals from using their clinical judgment to determine whether telehealth or in-person care is the appropriate treatment modality for a given patient.
(2) Nothing in this section shall be construed to limit the authority of the board to establish by rule and enforce standards of care, including competency requirements, supervision requirements, documentation standards, equipment calibration requirements, consumer protection disclosures, evidence-based safety-related procedures for the fitting and dispensing of prescription hearing aids, or referral and follow-up procedures for audiologists, hearing aid specialists, or speech-language pathologists, so long as such rules do not prevent licensed practitioners from using their clinical judgment to determine whether telehealth or in-person care is the appropriate treatment modality for a given patient.
[ 2026 c 185 s 2; 2014 c 189 s 13; 2010 c 65 s 4; 2002 c 310 s 16; 1998 c 142 s 11; 1996 c 200 s 20; 1993 c 313 s 7; 1987 c 150 s 23; 1983 c 39 s 13.]
Notes:
Intent—2026 c 185: "(1) Telehealth, including teleaudiology, is an increasingly vital modality for delivering cost-effective, patient-centered health care services that increase quality and expand access to care, as recognized by industry leaders such as the United States department of health and human services, the veterans administration, the American academy of audiology, the American speech-language-hearing association, and the Washington state department of health.
(2) As a growing number of Washingtonians come to rely upon telehealth to access essential health care services, regulatory frameworks should support the clinical judgment and autonomy of licensed professionals to determine whether telehealth or in-person treatment is the best solution for a specific patient.
(3) Regulation of professional health care services should not create different professional practice standards for telehealth and in-person services. Instead, efforts to regulate professional services should be modality-agnostic and focus on ensuring the applicable standard of care is met.
(4) Therefore, it is the legislature's intent to ensure audiologists, speech-language pathologists, and hearing aid specialists maintain autonomy in clinical decision making and determining the appropriate modality for care." [ 2026 c 185 s 1.]
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.

catchline: Board—Powers and duties.


title: RCW 18.35.162

text:
Violation of the standards adopted by rule under RCW 18.35.161 is unprofessional conduct under this chapter and chapter 18.130 RCW.
[ 1996 c 200 s 21.]

catchline: Unprofessional conduct.


title: RCW 18.35.172

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of licenses and interim permits, and the discipline of licensees and permit holders under this chapter.
[ 2002 c 310 s 17; 1998 c 142 s 12; 1996 c 200 s 22; 1987 c 150 s 21.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.

catchline: Application of uniform disciplinary act.


title: RCW 18.35.175

text:
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 under this chapter.
[ 2002 c 310 s 18; 1996 c 200 s 23; 1983 c 39 s 21.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.

catchline: Unlawful sales practices.


title: RCW 18.35.180

text:
Acts and practices in the course of trade in the promoting, advertising, selling, fitting, and dispensing of hearing instruments shall be subject to the provisions of chapter 19.86 RCW (Consumer Protection Act) and RCW 9.04.050 (False Advertising Act) and any violation of the provisions of this chapter shall constitute violation of RCW 19.86.020.
[ 1996 c 200 s 24; 1973 1st ex.s. c 106 s 18.]

catchline: Application of Consumer Protection Act and False Advertising Act.


title: RCW 18.35.185

text:
(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 aid specialist, 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 aid specialist, 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 aid specialist, 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 aid specialist, 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 aid specialist, 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 aid specialist, licensed audiologist, or interim permit holder for any inspection for modification or repair, and the licensed hearing aid specialist, 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 aid specialist, 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 aid specialist, licensed audiologist, or interim permit holder, the licensed hearing aid specialist, licensed audiologist, or interim permit holder shall refund to the purchaser any payments or deposits for that hearing instrument. However, the licensed hearing aid specialist, 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 aid specialist, 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 aid specialist, 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.
[ 2014 c 189 s 14; 2002 c 310 s 19; 1998 c 142 s 13; 1996 c 200 s 25; 1993 c 313 s 9; 1989 c 198 s 12.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.


title: RCW 18.35.190

text:
In addition to remedies otherwise provided by law, in any action brought by or on behalf of a person required to be licensed 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 interim permit holder at the time of the transaction held a valid license or interim permit as required by this chapter, and that such license or interim permit has not been suspended or revoked pursuant to RCW 18.35.110, 18.35.120, or 18.130.160.
[ 2002 c 310 s 20; 1998 c 142 s 14; 1996 c 200 s 26; 1989 c 198 s 8; 1987 c 150 s 24; 1983 c 39 s 14; 1973 1st ex.s. c 106 s 19.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.

catchline: Valid license prerequisite to suits.


title: RCW 18.35.195

text:
(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 aid specialist, a licensed audiologist under the provisions of this chapter, or an instructor at a two-year hearing aid specialist degree program that is approved by the board;
(b) Hearing aid specialists, 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 aid specialist, 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 Washington professional educator standards board as educational staff associates, except for those persons electing to be licensed under this chapter. However, a person certified by the board as an educational staff associate who practices outside the school setting must be a licensed audiologist or licensed speech-language pathologist.
[ 2014 c 189 s 15; 2006 c 263 s 802; 2005 c 45 s 4; 2002 c 310 s 21; 1998 c 142 s 15; 1996 c 200 s 27; 1983 c 39 s 22.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
Effective date—2002 c 310: See note following RCW 18.35.010.

catchline: Exemptions.


title: RCW 18.35.200

text:
The provisions of this chapter shall not exclude the application of any other law to persons or circumstances covered under this chapter.
[ 1973 1st ex.s. c 106 s 20.]

catchline: Other laws unaffected.


title: RCW 18.35.205

text:
The legislature finds that the public health, safety, and welfare would best be protected by uniform regulation of hearing aid specialists, speech-language pathologists, speech-language pathology assistants, audiologists, and interim permit holders throughout the state. Therefore, the provisions of this chapter relating to the licensing of hearing aid specialists, speech-language pathologists, and audiologists, the certification of speech-language pathology assistants, 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 aid specialist, 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.
[ 2014 c 189 s 16; 2009 c 301 s 6; 2002 c 310 s 22; 1998 c 142 s 16; 1996 c 200 s 28; 1983 c 39 s 24.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Chapter exclusive.


title: RCW 18.35.220

text:
(1) If the board determines following notice and hearing, or following notice if no hearing was timely requested, that a person has:
(a) Violated any provisions of this chapter or chapter 18.130 RCW; or
(b) Violated any lawful order, or rule of the board
an order may be issued by the board requiring the person to cease and desist from the unlawful practice. The board shall then take affirmative action as is necessary to carry out the purposes of this chapter.
(2) If the board makes a written finding of fact that the public interest will be irreparably harmed by delay in issuing an order, a temporary cease and desist order may be issued. Prior to issuing a temporary cease and desist order, the board, whenever possible, shall give notice by telephone or otherwise of the proposal to issue a temporary cease and desist order to the person to whom the order would be directed. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be held to determine whether the order becomes permanent.
(3) The department, with or without prior administrative proceedings, may bring an action in the superior court to enjoin the acts or practices and to enforce compliance with this chapter, or rule or order under this chapter. Upon proper showing, injunctive relief or temporary restraining orders shall be granted and a receiver or conservator may be appointed. The department shall not be required to post a bond in any court proceedings.
[ 1993 c 313 s 10; 1987 c 150 s 25; 1983 c 39 s 17.]
Notes:
Severability—1987 c 150: See RCW 18.122.901.

catchline: Violations—Cease and desist orders—Notice—Injunctions.


title: RCW 18.35.230

text:
(1) Each licensee 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 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.
[ 2002 c 310 s 23; 1998 c 142 s 17; 1996 c 200 s 29; 1989 c 198 s 9; 1983 c 39 s 19.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Violations—Registered agent—Service.


title: RCW 18.35.240

text:
(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 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 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 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 interim permit holder responsible for fitting/dispensing the hearing instrument.
(5) All licensed hearing aid specialists, 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 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.
[ 2014 c 189 s 17; 2002 c 310 s 24; 2000 c 93 s 2; (2000 c 93 s 1 expired January 1, 2003); 1998 c 142 s 18; 1996 c 200 s 30; 1993 c 313 s 11; 1991 c 3 s 85; 1989 c 198 s 10; 1983 c 39 s 18.]
Notes:
*Reviser's note: Chapter 30.04 RCW was recodified as chapter 30A.04 RCW by 2014 c 37.
Work group—2014 c 189: See note following RCW 18.35.010.
Effective date—2002 c 310: See note following RCW 18.35.010.
Expiration date—2000 c 93 ss 1 and 3: "Sections 1 and 3 of this act expire January 1, 2003." [ 2000 c 93 s 45.]
Effective date—2000 c 93 ss 2 and 4: "Sections 2 and 4 of this act take effect January 1, 2003." [ 2000 c 93 s 46.]
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Violations—Surety bond or security in lieu of surety bonds.


title: RCW 18.35.250

text:
(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 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.
[ 2002 c 310 s 25; 2000 c 93 s 4; (2000 c 93 s 3 expired January 1, 2003); 1998 c 142 s 19; 1996 c 200 s 31; 1991 c 3 s 86; 1989 c 198 s 11; 1983 c 39 s 20.]
Notes:
Effective date—2002 c 310: See note following RCW 18.35.010.
Expiration date—2000 c 93 ss 1 and 3: See note following RCW 18.35.240.
Effective date—2000 c 93 ss 2 and 4: See note following RCW 18.35.240.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Violations—Remedies—Actions on bond or security.


title: RCW 18.35.260

text:
(1) A person who is not a licensed hearing aid specialist 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 aid specialist.
(2) A person who is not a licensed speech-language pathologist may not represent himself or herself as being so licensed and may not use in connection with his or her name the words including "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 licensed speech-language pathologist.
(3) A person who is not a certified speech-language pathology assistant may not represent himself or herself as being so certified and may not use in connection with his or her name the words including "certified speech-language pathology assistant" or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms, names, or functions as a certified speech-language pathology assistant.
(4) A person who is not a licensed audiologist may not represent himself or herself as being so licensed and may not use in connection with his or her name the words "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 licensed audiologist.
(5) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the practice for which he or she is credentialed.
[ 2014 c 189 s 18; 2009 c 301 s 7; 2002 c 310 s 26; 1998 c 142 s 20; 1996 c 200 s 16.]
Notes:
Work group—2014 c 189: See note following RCW 18.35.010.
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 ss 1-14 and 16-20: See note following RCW 18.35.010.

catchline: Misrepresentation of credentials.


title: RCW 18.35.270

text:
Recognizing the trend in utilization of speech-language pathologist assistants and audiologist assistants across practice settings, the board of hearing and speech shall, on an ongoing basis, collect data on: The number of assistants in specific practice settings; supervisor to speech-language pathologist assistant or audiologist assistant ratios; and the level of education and training of speech-language pathologist assistants and audiologist assistants.
[ 1996 c 200 s 35.]

catchline: Assistant ratios—Data collection.


title: RCW 18.35.280

text:
Speech-language pathologists are responsible for patient care given by assistive personnel under their supervision. A speech-language pathologist may delegate to assistive personnel selected acts, tasks, or procedures that fall within the scope of speech-language pathology practice but do not exceed the education or training of the assistive personnel.
[ 2009 c 301 s 9.]
Notes:
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.

catchline: Delegation to assistive personnel—Supervisor duties.


title: RCW 18.35.290

text:
A speech-language pathology assistant may only perform procedures or tasks delegated by the speech-language pathologist and must follow the individualized education program or treatment plan. Speech-language pathology assistants may not perform procedures or tasks that require diagnosis, evaluation, or clinical interpretation.
[ 2009 c 301 s 10.]
Notes:
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.

catchline: Delegation to assistive personnel—Assistant duties.


title: RCW 18.35.300

text:
Nothing in this chapter may be construed to require that a health carrier defined in RCW 48.43.005 contract with a person certified as a speech-language pathology assistant under this chapter.
[ 2009 c 301 s 12.]
Notes:
Intent—Implementation—2009 c 301: See notes following RCW 18.35.010.
Speech-language pathology assistants—Certification requirements—2009 c 301: See note following RCW 18.35.040.

catchline: No requirement to contract with speech-language pathology assistant.


title: RCW 18.35.310

text:
(1) Any person who engages in fitting and dispensing of hearing instruments shall:
(a) Prior to initial fitting and purchase, notify a person seeking to purchase a hearing instrument, both orally and in writing, about the uses, benefits, and limitations of current hearing assistive technologies, as defined by the department of health in rule.
(b) Provide to each person who enters into an agreement to purchase a hearing instrument a receipt, which must be signed by the purchaser at the time of the purchase, containing language that verifies that prior to initial fitting and purchase the consumer was informed, both orally and in writing, about the uses, benefits, and limitations of current hearing assistive technologies, as defined by the department of health in rule.
(2) The department may adopt rules to create a standard receipt form that persons required to provide notice under this section may provide to purchasers, as required in subsection (1)(a) of this section.
(3) A person required to provide written notice in subsection (1) of this section may produce written materials, use materials produced by hearing instrument manufacturers or others, or use the materials created by the office of the deaf and hard of hearing, as required in RCW 43.20A.675.
(4) This section may not be construed to create a private right of action or claim against any person engaging in the fitting and dispensing of hearing instruments.
(5) The department must adopt rules necessary to implement this section. The department may consider a number of factors in defining current hearing assistive technologies, but must consider whether hearing assistive technologies are compatible with assistive listening systems that are compliant with the Americans with disabilities act.
[ 2019 c 183 s 2.]
Notes:
Findings—Intent—2019 c 183: "The legislature finds that approximately twenty percent of the population have hearing loss, including more than six hundred fifty thousand Washington state residents who have been diagnosed with hearing loss. The number is rising; the aging baby boomer generation is increasing age-related hearing loss exponentially, and hearing loss has increased among children and youth in the last decade. As these trends continue, telecoil technology has the potential to benefit more people, but only if consumers are made aware of the technology and its benefits.
The legislature finds that the federal Americans with disabilities act of 1990 was amended in 2010 to require assistive listening systems in places of public assembly, served by a public address system, to be hearing aid compatible. Currently, the telecoil is the only component within a consumer hearing instrument that enables this mandated compatibility. Without a telecoil-enabled hearing instrument a person cannot effectively access mandated assistive listening systems.
The legislature finds that bluetooth technology is evolving, but it is still generally not suited for long range transmission in a large venue like an auditorium. To date, hearing aid bluetooth technology does not meet compliance standards for assistive listening system requirements.
Therefore, the legislature intends to increase consumer awareness of benefits and uses of the different types of hearing instruments and technologies." [ 2019 c 183 s 1.]

catchline: Hearing instruments—Notice—Rules.


title: RCW 18.35.903

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 46.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 18.350.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Close supervision" has the same meaning as in RCW 18.260.010.
(2) "Commission" means the dental quality assurance commission established in RCW 18.32.0351.
(3) "Department" means the department of health.
(4) "Direct visual supervision" means supervision by an oral and maxillofacial surgeon or dental anesthesiologist by verbal command and under direct line of sight.
(5) "Oral and maxillofacial surgeon" has the same meaning as in RCW 18.32.020.
(6) "Secretary" means [the] secretary of health.
[ 2012 c 23 s 1.]

catchline: Definitions.


title: RCW 18.350.020

text:
(1) No person may practice or represent himself or herself as a certified dental anesthesia assistant by use of any title or description without being certified by the commission as having met the standards established for certification under this chapter.
(2) A certified dental anesthesia assistant may not practice or represent himself or herself as a registered dental assistant without being registered by the commission as having met the standards for registration under chapter 18.260 RCW.
[ 2012 c 23 s 2.]

catchline: Use of title—Certification or registration required.


title: RCW 18.350.030

text:
(1) Each applicant for certification as a dental anesthesia assistant must submit to the department:
(a) An application, on a form provided by the department, with the applicant's name, address, and name and location of the oral and maxillofacial surgeon or dental anesthesiologist where the assistant will be performing his or her services;
(b) An application fee, as determined by the secretary of health as provided in RCW 43.70.250 and 43.70.280; and
(c) Satisfactory evidence of:
(i) Completion of a commission-approved dental anesthesia assistant training course, to include intravenous access or phlebotomy. This training must include experience starting and maintaining intravenous lines;
(ii) Completion of a commission-approved basic life support/cardiac pulmonary resuscitation course; and
(iii) The valid general anesthesia permit of the oral and maxillofacial surgeon or dental anesthesiologist where the assistant will be performing his or her services.
(2) The commission may adopt rules for the requirements for renewal of the certification, including continuing education requirements consistent with national oral and maxillofacial surgery requirements.
(3) The secretary shall establish the administrative procedures, administrative requirements, and fees for renewal of certifications as provided in RCW 43.70.250 and 43.70.280.
[ 2012 c 23 s 3.]

catchline: Application for certification.


title: RCW 18.350.040

text:
(1) Any dental anesthesia assistant certified pursuant to this chapter shall perform the functions authorized in this chapter only by delegation of authority from the oral and maxillofacial surgeon or dental anesthesiologist and under the supervision, as described in subsections (2) and (3) of this section, of the oral and maxillofacial surgeon or dental anesthesiologist acting within the scope of his or her license. The responsibility for monitoring a patient and determining the selection of the drug, dosage, and timing of all anesthetic medications rests solely with the oral and maxillofacial surgeon or dental anesthesiologist.
(2) Under close supervision, the dental anesthesia assistant may:
(a) Initiate and discontinue an intravenous line for a patient being prepared to receive intravenous medications, sedation, or general anesthesia; and
(b) Adjust the rate of intravenous fluids infusion only to maintain or keep the line patent or open.
(3) Under direct visual supervision, the dental anesthesia assistant may:
(a) Draw up and prepare medications;
(b) Follow instructions to deliver medications into an intravenous line upon verbal command;
(c) Adjust the rate of intravenous fluids infusion beyond a keep open rate;
(d) Adjust an electronic device to provide medications, such as an infusion pump;
(e) Administer emergency medications to a patient in order to assist the oral and maxillofacial surgeon or dental anesthesiologist in an emergency.
(4) Any oral and maxillofacial surgeon or dental anesthesiologist delegating duties under this section must have a valid general anesthesia permit and, if the dental anesthesia assistant does not possess advanced cardiac life support training, must be current in such training.
[ 2012 c 23 s 4.]

catchline: Authorized functions—Supervision.


title: RCW 18.350.050

text:
The uniform disciplinary act, chapter 18.130 RCW, governs unlicensed practice, the issuance and denial of certification, and the discipline of certified dental anesthesia assistants under this chapter.
[ 2012 c 23 s 5.]

catchline: Uniform disciplinary act—Application.


title: RCW 18.350.060

text:
Nothing in this chapter may be construed to prohibit or restrict dental health aide therapist services to the extent authorized under chapter 70.350 RCW.
[ 2017 c 5 s 7.]

catchline: Limitation of chapter.


title: RCW 18.35A.010

text:
(1) The purpose of this compact is to facilitate interstate practice of audiology and speech-language pathology with the goal of improving public access to audiology and speech-language pathology services. The practice of audiology and speech-language pathology occurs in the state where the patient, client, or student is located at the time of the patient, client, or student encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.
(2) This compact is designed to achieve the following objectives:
(a) Increase public access to audiology and speech-language pathology services by providing for the mutual recognition of other member state licenses;
(b) Enhance the states' ability to protect the public's health and safety;
(c) Encourage the cooperation of member states in regulating multistate audiology and speech-language pathology practice;
(d) Support spouses of relocating active duty military personnel;
(e) Enhance the exchange of licensure, investigative, and disciplinary information between member states;
(f) Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards; and
(g) Allow for the use of telehealth technology to facilitate increased access to audiology and speech-language pathology services.
[ 2023 c 53 s 1.]

catchline: Purpose.


title: RCW 18.35A.020

text:
As used in this compact, and except as otherwise provided, the following definitions shall apply:
(1) "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C., chapters 1209 and 1211.
(2) "Adverse action" means any administrative, civil, equitable, or criminal action permitted by a state's laws which is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee's practice.
(3) "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners.
(4) "Audiologist" means an individual who is licensed by a state to practice audiology.
(5) "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules.
(6) "Audiology and speech-language pathology compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.
(7) "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board," or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists, speech-language pathologists, or both.
(8) "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client, or student is located at the time of the patient, client, or student encounter.
(9) "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction.
(10) "Data system" means a repository of information about licensees including, but not limited to, continuing education, examination, licensure, investigative, compact privilege, and adverse action.
(11) "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and said adverse action has been reported to the national practitioners data bank.
(12) "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
(13) "Home state" means the member state that is the licensee's primary state of residence.
(14) "Impaired practitioner" means individuals whose professional practice is adversely affected by substance abuse, addiction, or other health-related conditions.
(15) "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist.
(16) "Member state" means a state that has enacted the compact.
(17) "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state.
(18) "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege.
(19) "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law.
(20) "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
(21) "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology.
(22) "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules.
(23) "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of audiology and speech-language pathology.
(24) "State practice laws" means a member state's laws, rules, and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice, and create the methods and grounds for imposing discipline.
(25) "Telehealth" means the application of telecommunication, audio-visual, or other technologies that meet the applicable standard of care to deliver audiology or speech-language pathology services at a distance for assessment, intervention, or consultation.
[ 2023 c 53 s 2.]


title: RCW 18.35A.030

text:
(1) A license issued to an audiologist or speech-language pathologist by a home state to a resident in that state shall be recognized by each member state as authorizing an audiologist or speech-language pathologist to practice audiology or speech-language pathology, under a privilege to practice, in each member state where the licensee obtains such a privilege.
(2) A state must implement or utilize procedures for considering the criminal history records of applicants for initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the federal bureau of investigation and the agency responsible for retaining that state's criminal records.
(a) A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the federal bureau of investigation record search on criminal background checks and use the results in making licensure decisions.
(b) Communication between a member state, the commission, and among member states regarding the verification of eligibility for licensure through the compact shall not include any information received from the federal bureau of investigation relating to a federal criminal records check performed by a member state under Public Law 92-544.
(3) Upon application for a privilege to practice, the licensing board in the issuing remote state shall ascertain, through the data system, whether the applicant has ever held, or is the holder of, a license issued by any other state, whether there are any encumbrances on any license or privilege to practice held by the applicant, whether any adverse action has been taken against any license or privilege to practice held by the applicant.
(4) Each member state shall require an applicant to obtain or retain a license in the home state and meet the home state's qualifications for licensure or renewal of licensure as well as all other applicable state laws.
(5) An audiologist must:
(a) Meet one of the following educational requirements:
(i) On or before December 31, 2007, have graduated with a master's degree or doctorate in audiology, or equivalent degree regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or
(ii) On or after January 1, 2008, have graduated with a doctoral degree in audiology, or equivalent degree, regardless of degree name, from a program that is accredited by an accrediting agency recognized by the council for higher education accreditation, or its successor, or by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or
(iii) Have graduated from an audiology program that is housed in an institution of higher education outside of the United States (A) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (B) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;
(b) Have completed a supervised clinical practicum experience from an accredited educational institution or its cooperating programs as required by the commission;
(c) Have successfully passed a national examination approved by the commission;
(d) Hold an active, unencumbered license;
(e) Have not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of audiology, under applicable state or federal criminal law; and
(f) Have a valid United States social security or national practitioner identification number.
(6) A speech-language pathologist must:
(a) Meet one of the following educational requirements:
(i) Have graduated with a master's degree from a speech-language pathology program that is accredited by an organization recognized by the United States department of education and operated by a college or university accredited by a regional or national accrediting organization recognized by the licensing board; or
(ii) Have graduated from a speech-language pathology program that is housed in an institution of higher education outside of the United States (A) for which the program and institution have been approved by the authorized accrediting body in the applicable country and (B) the degree program has been verified by an independent credentials review agency to be comparable to a state licensing board-approved program;
(b) Have completed a supervised clinical practicum experience from an educational institution or its cooperating programs as required by the commission;
(c) Have completed a supervised postgraduate professional experience as required by the commission;
(d) Have successfully passed a national examination approved by the commission;
(e) Hold an active, unencumbered license;
(f) Have not been convicted or found guilty, and has not entered into an agreed disposition, of a felony related to the practice of speech-language pathology, under applicable state or federal criminal law;
(g) Have a valid United States social security or national practitioner identification number.
(7) The privilege to practice is derived from the home state license.
(8) An audiologist or speech-language pathologist practicing in a member state must comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of audiology and speech-language pathology shall include all audiology and speech-language pathology practice as defined by the state practice laws of the member state in which the client is located. The practice of audiology and speech-language pathology in a member state under a privilege to practice shall subject an audiologist or speech-language pathologist to the jurisdiction of the licensing board, the courts, and the laws of the member state in which the client is located at the time service is provided.
(9) Individuals not residing in a member state shall continue to be able to apply for a member state's single-state license as provided under the laws of each member state. However, the single-state license granted to these individuals shall not be recognized as granting the privilege to practice audiology or speech-language pathology in any other member state. Nothing in this compact shall affect the requirements established by a member state for the issuance of a single-state license.
(10) Member states may charge a fee for granting a compact privilege.
(11) Member states must comply with the bylaws and rules and regulations of the commission.
[ 2023 c 53 s 3.]

catchline: State participation in the compact.


title: RCW 18.35A.040

text:
(1) To exercise the compact privilege under the terms and provisions of the compact, the audiologist or speech-language pathologist shall:
(a) Hold an active license in the home state;
(b) Have no encumbrance on any state license;
(c) Be eligible for a compact privilege in any member state in accordance with RCW 18.35A.030;
(d) Have not had any adverse action against any license or compact privilege within the previous two years from the date of application;
(e) Notify the commission that the licensee is seeking the compact privilege within a remote state or states;
(f) Pay any applicable fees, including any state fee, for the compact privilege; and
(g) Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
(2) For the purposes of the compact privilege, an audiologist or speech-language pathologist shall only hold one home state license at a time.
(3) Except as provided in RCW 18.35A.060, if an audiologist or speech-language pathologist changes primary state of residence by moving between two member states, the audiologist or speech-language pathologist must apply for licensure in the new home state, and the license issued by the prior home state shall be deactivated in accordance with applicable rules adopted by the commission.
(4) The audiologist or speech-language pathologist may apply for licensure in advance of a change in primary state of residence.
(5) A license shall not be issued by the new home state until the audiologist or speech-language pathologist provides satisfactory evidence of a change in primary state of residence to the new home state and satisfies all applicable requirements to obtain a license from the new home state.
(6) If an audiologist or speech-language pathologist changes primary state of residence by moving from a member state to a nonmember state, the license issued by the prior home state shall convert to a single-state license, valid only in the former home state and the privilege to practice in any member state shall be deactivated in accordance with rules promulgated by the commission.
(7) The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection (1) of this section to maintain the compact privilege in the remote state.
(8) A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
(9) A licensee providing audiology or speech-language pathology services in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens.
(10) If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
(a) The home state license is no longer encumbered; and
(b) Two years have elapsed from the date of the adverse action.
(11) Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection (1) of this section to obtain a compact privilege in any remote state.
(12) Once the requirements of subsection (10) of this section have been met, the licensee must meet the requirements in subsection (1) of this section to obtain a compact privilege in a remote state.
[ 2023 c 53 s 4.]

catchline: Compact privilege.


title: RCW 18.35A.050

text:
Member states shall recognize the right of an audiologist or speech-language pathologist, licensed by a home state in accordance with RCW 18.35A.030 and under rules promulgated by the commission, to practice audiology or speech-language pathology in any member state via telehealth under a privilege to practice as provided in the compact and rules promulgated by the commission. A licensee providing audiology or speech-language pathology services in a remote state under the compact privilege shall function within the laws and regulations of the state where the patient, client, or student is located.
[ 2023 c 53 s 5.]

catchline: Compact privilege to practice telehealth.


title: RCW 18.35A.060

text:
Active duty military personnel, or their spouse, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change their home state through application for licensure in the new state.
[ 2023 c 53 s 6.]

catchline: Active duty military personnel or their spouses.


title: RCW 18.35A.070

text:
(1) In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:
(a) Take adverse action against an audiologist's or speech-language pathologist's privilege to practice within that member state;
(b) Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.
(2) Only the home state shall have the power to take adverse action against an audiologist's or speech-language pathologist's license issued by the home state.
(3) For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.
(4) The home state shall complete any pending investigations of an audiologist or speech-language pathologist who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the data system shall promptly notify the new home state of any adverse actions.
(5) If otherwise permitted by state law, the member state may recover from the affected audiologist or speech-language pathologist the costs of investigations and disposition of cases resulting from any adverse action taken against that audiologist or speech-language pathologist.
(6) The member state may take adverse action based on the factual findings of the remote state, provided that the member state follows the member state's own procedures for taking the adverse action.
(7)(a) In addition to the authority granted to a member state by its respective audiology or speech-language pathology practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.
(b) Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
(8) If adverse action is taken by the home state against an audiologist's or speech-language pathologist's license, the audiologist's or speech-language pathologist's privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an audiologist's or speech-language pathologist's license shall include a statement that the audiologist's or speech-language pathologist's privilege to practice is deactivated in all member states during the pendency of the order.
(9) If a member state takes adverse action against a licensee, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state and any remote states in which the licensee has a privilege to practice of any adverse actions by the home state or remote states.
(10) Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action.
[ 2023 c 53 s 7.]

catchline: Adverse actions.