Wyoming Administrative Rules 064 — Hearing Aid Specialists, Board of

349 Hearing Aid Specialists, Board of

Chapter 1 General Provisions

Wyo. Code R. 064.0001.1.06272019 § 1 Authority

The Board is authorized under the Act and the WAPA to promulgate rules and regulations to be used by the Board in the discharge of its duties to govern the licensure of hearing aid specialists and the regulation of the practice of hearing aid specialists in Wyoming.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.1.06272019 § 2 Statement of Purpose

These Board Rules are adopted to implement the Board's authority to establish administrative procedures.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.1.06272019 § 3 Definitions

(a) "Act" means the Hearing Aid Specialist Licensure Act, Wyoming Statute 33-35-101 through -121.

(b) "ARC" means Application Review Committee.

(c) "Audiogram" means a graph showing the degree of hearing loss in a particular ear as indicated by the use of an audiometer.

(d) "Board Rules" means the administrative rules and regulations promulgated by the Board.

(e) "DC" means Disciplinary Committee which may be comprised of at least one (1) Board member or the Executive Director.

(f) "IHS" means the International Hearing Society.

(g) "WAPA" means the Wyoming Administrative Procedure Act, W.S. 16-3-101 through -115.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.1.06272019 § 4 Board Meetings

(a) The Board shall set its regular meetings by resolution.

(b) The Board shall meet as necessary at the time and place designated by the Board chairman and the Board.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.1.06272019 § 5 Board Office

The Board office shall be located at 2001 Capitol Avenue, Cheyenne, Wyoming.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.1.06272019 § 6 Reference by Incorporation

(a) Each rule incorporated by reference is further identified as follows:

(i) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: http://hearingaid.wyo.gov.

(ii) Chapter 2 - Uniform Procedures, Fees, Costs and Charges for Inspecting, Copying and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at http://hearingaid.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Board's office and are available for public inspection and copying at the same location.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.1.06272019 § 7 Public Records Inspection

Public records inspections shall be conducted pursuant to the Department of Administration and Information's rules concerning public records.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.1.06272019 § 8 Change of Name, Address, or Telephone Number

Each applicant, permittee, and licensee shall notify the Board in writing of any change to their legal name, home address, business address, or telephone number within thirty (30) days of the change.

History

• Effective 2019-06-27

Chapter 3 Licensure, Temporary Permit, and Renewal Requirements and Application Procedures

Wyo. Code R. 064.0001.3.06272019 § 1 Change of Name, Address, or Telephone Number

Each applicant, permittee, and licensee shall notify the Board in writing of any change to their legal name, home address, business address, or telephone number within thirty (30) days of the change.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 2 Application Status

(a) For those applicants seeking licensure, all requirements shall be met during the timeframe identified immediately prior to submitting a completed application.

(b) Applications shall be deemed "complete" when all necessary documentation has been received by the Board office.

(c) Applications shall expire one year after submission. If an application expires, an applicant shall submit a new application, including payment of fee.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 3 Application Review Committee

(a) Every application shall be reviewed by the ARC.

(b) An applicant for licensure shall have committed no acts which are grounds for disciplinary action, or if the act was committed, the ARC has found after investigation that sufficient restitution has been made and the applicant no longer presents a threat to the public safety.

(c) If the ARC is unable to ascertain from documents submitted by the applicant that the applicant is eligible for examination or licensure, the ARC may require the applicant to provide additional documentation, information, or meet informally with the ARC.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 4 Licensure by Examination

(a) Eligibility. An applicant may seek licensure by examination if the applicant is not licensed to practice in another jurisdiction or that jurisdiction's licensure requirements are not as stringent as Wyoming.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit references from three (3) individuals familiar with the applicant with whom the applicant has had contact within the past five (5) years. References shall:

(A) Be written within the last six (6) months;

(B) Not be from relatives of the applicant; and

(C) Contain an original signature and be submitted directly to the office of the Board from the respondent and not forwarded through the applicant.

(iii) Submit a certification of calibration of all audiometric equipment in use signed by a qualified person during the previous twelve (12) months; and

(iv) Successfully pass the written, practical, and jurisprudence examinations.

(c) Application Review Committee Action. After reviewing the application, the ARC may:

(i) Recommend eligibility for the applicant sit for necessary examinations; or

(ii) Recommend denial of the license.

(d) Examination Procedures. Based on the ARC's recommendation of eligibility, the Board office shall:

(i) Notify IHS that applicant is eligible to sit for the written examination; and

(ii) Schedule an appointment for the applicant to be administered the practical and jurisprudence examinations within one (1) calendar year. Failure to sit for these examinations shall result in the expiration of the application, and applicant shall reapply.

(e) Passing Score. To successfully pass each examination, the applicant shall obtain a score of:

(i) Pass, as determined by IHS, on the IHS written examination;

(ii) Sixty-five percent (65%) on each section of the practical examination, with an overall average of seventy percent (70%) on the entire practical examination; and

(iii) Seventy percent (70%) on the jurisprudence examination.

(f) Reexamination. Any applicant that fails to successfully pass any or all examinations may be eligible for re-examination and shall pay the examination fee.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 5 Licensure by Endorsement

(a) Eligibility. An applicant may seek licensure by endorsement if the applicant is licensed to practice in another jurisdiction with licensure requirements as stringent as Wyoming.

(b) Application Requirements. Applicant shall:

(i) Submit a completed application and payment of fee;

(ii) Submit references from three (3) individuals as defined in Section 4(b)(ii);

(iii) Submit a certification of calibration of all audiometric equipment in use signed by a qualified person during the previous twelve (12) months; and

(iv) Successfully pass the jurisprudence examination.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 6 Temporary Permit

(a) Eligibility. After the ARC recommends eligibility to sit for examinations, an applicant may seek a temporary permit to practice pending administration of those examinations. Applicant shall take the first available examination.

(b) Without Supervision Application. Any applicant that meets the requirements established in W.S. 33-35-110 may apply for a temporary permit without supervision. The applicant shall submit a completed application and payment of fee.

(c) With Supervision Application. Applicant shall submit a completed application, an executed sponsorship agreement form, and payment of fee.

(d) Expiration of Temporary Permits. Any temporary permit granted by the Board shall expire within one (1) year from issuance or when the applicant is granted a license, whichever occurs first.

(e) Renewal of Temporary Permits. Applicant may renew a temporary permit with supervision once upon payment of a fee. A temporary permit without supervision shall not be renewed.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 7 Annual Licensure Renewal

(a) Licensure Expiration. Licenses expire January 30 of each year. Licensees shall renew their license on or before January 30. Licensees that fail to timely renew shall forfeit the right to practice.

(b) Renewal Notice. On or before December 31, the Board shall send a renewal notice to each licensee at their last business address of record. Failure to receive notice shall not excuse a licensee from the requirement for renewal under the Act and these Board Rules.

(c) Renewal Procedure. A licensee seeking renewal shall:

(i) Submit a completed renewal application and payment of fee;

(ii) Verify audiometer calibration certification; and

(iii) Submit evidence of completion of ten (10) hours of continued education that complies with subsection (d).

(d) Continuing Education Requirements.

(i) Continuing education activity shall be completed during the twelve (12) months prior to the license expiration. The following continuing education programs shall be accepted by the Board:

(A) Programs approved or sponsored by IHS; and

(B) With ninety (90) days prior written approval of the Board, college credits and programs sponsored by the Wyoming Speech, Hearing, and Language Association; the American Speech, Hearing, and Language Association; and other relevant programs or courses.

(ii) Successful completion of the licensure examination shall be deemed fulfillment of the continuing education requirement for the initial renewal of a license.

(iii) If a licensee fails to meet the continuing education requirement, the licensee shall present satisfactory evidence of educational study of a standard and pay an additional fee.

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 8 Failure to Timely Renew

(a) Unlicensed Practice. Failure to timely renew may subject the licensee to disciplinary action for unlicensed practice.

(b) Administrative Grace Period.

(i) The administrative grace period shall be from January 31st to March 1st.

(ii) Licensees that failed to timely renew may apply for renewal during the administrative grace period. However, licensees shall not practice until the Board approves their license.

(iii) Licensees that failed to timely renew shall meet the renewal requirements under Section 9 (i)-(iii) including payment of additional fee.

(iv) On March 2nd, any license not renewed shall lapse

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 9 Lapsed License and Relicensure

(a) If a license lapses, the applicant shall apply for relicensure.

(b) Relicensure Requirements and Procedure.

(i) If the license lapsed for less than two (2) years, the applicant shall:

(A) Submit a completed relicensure application and payment of fee;

(B) Submit a certification of calibration of all audiometric equipment in use signed by a qualified person during the previous twelve (12) months; and

(C) Submit references from three (3) individuals as defined in Section 4(b)(ii).

(ii) If the license lapsed more than two (2) years, the applicant shall:

(A) Meet the requirements of Section 9(b)(i); and

(B) Jurisprudence and Competency (written and practical).

History

• Effective 2019-06-27

Wyo. Code R. 064.0001.3.06272019 § 10 Reinstatement of Licensure

(a) Eligibility. An applicant may seek reinstatement of their license if that license has been revoked, surrendered, suspended, conditioned, or restricted.

(b) Application Requirements. Applicant shall:

(i) Submit a completed reinstatement application and payment of fee;

(ii) Submit evidence of complying with the requirements of a previous Board order;

(iii) Submit evidence of applicant's ability to safely and competently practice; and

(iv) Submit evidence demonstrating just cause for reinstatement.

History

• Effective 2019-06-27

Chapter 6 Fees

Wyo. Code R. 064.0001.6.04102015 Fees

CHAPTER 6

FEES

Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to determine and collect reasonable fees.

Section 2. General Information.

(a) Fees shall be payable in the exact amount by money order, cashier's check, or certified check. Renewal fees may be paid by personal check.

(b) All fees collected by the Board are non-refundable.

Section 3. Fees. Services for which the Board charges a fee shall include, but not limited to, the following fee schedule:

(a) Application Fee $200

(b) Jurisprudence Examination Fee $50

(c) Practical Examination $300

(d) Initial License Fee $200

(e) Temporary Permit Fee $300

(f) Temporary Permit Renewal Fee (With Supervision) $300

(g) License Renewal Fee $300

(h) License Renewal Late Fee (Jan 31 - Mar 1) $100

(j) Relicensure Application Fee $250

(k) Reinstatement Application Fee $300

(l) Non-Sufficient Funds Fee $30

(m) Rules and Regulations $20

(n) Copy Charge Fee 20¢/page

History

• Effective 2015-04-10

Chapter 7 Professional Responsibility

Wyo. Code R. 064.0001.7.04102015 Professional Responsibility

CHAPTER 7

PROFESSIONAL RESPONSIBILITY

Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to regulate the practice of hearing aid specialists.

Section 2. Ethical Standards. The protection of the public health, safety and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of licensees and permittees. Licensees and permittees shall:

(a) Practice in a manner that is in the best interest of the public and does not endanger the public health, safety or welfare;

(b) Be able to justify all services rendered to consumers as necessary for diagnostic purposes;

(c) Practice only within the competency areas for which they are licensed or permitted;

(d) Report to the Board known or suspected violations of the laws and regulations governing the practice of licensed professionals;

(e) Ensure that consumers are aware of fees and billing arrangements before rendering services;

(f) Provide consumers with accurate and complete information regarding the extent and nature of services available to them;

(g) Respect the privacy of consumers and hold in confidence all information obtained in the course of professional service;

(h) Disclose consumer records to others only with the expressed written consent of the consumer or as required by law;

(j) Ensure that when advertising their services to the public such advertising is neither fraudulent nor misleading;

(k) Not practice, facilitate or condone discrimination on the basis of race, sex, sexual orientation, age, religion, nation origin, marital status, political belief, mental or physical handicap or other preferences or characteristics;

(l) Respond to all requests for information and all other correspondence from the Board.

(m) Display their license at all times in a conspicuous location readily accessible to all consumers at each of the licensee's or permittee's place of business;

(n) File the name and street address of their business with the Board;

(o) Use the business street address in all business advertisements, correspondence and any verbal communications with the consumer;

(p) Use the place of business in providing services to the consumer and to maintain consumer documents, records and files;

(q) Be available to the consumer to whom a hearing aid has been sold, in order to make necessary adjustments or to provide instruction or information about the hearing aid;

(r) Allow the Board or an authorized representative of the Board to inspect sales receipts, audiograms and any other documents related to testing for and fitting of hearing aids on receipt of a relevant complaint or to review adequate supervision of a temporary permittee;

(s) Notify the Board of all licensees and permittees working out of the same place of business if the licensee is an owner of a hearing aid business;

(t) Fit each new hearing aid in person unless the aid is one of the same make and model as a previously owned hearing aid;

(u) Refer each consumer to a licensed physician, preferably a physician who specializes in diseases of the ear, or provide a waiver of this referral to be signed by the consumer on a form separate from the receipt, in accordance with W.S. 33-35-105(b);

(v) Provide a receipt to each person supplied with a hearing aid in accordance with W.S.

33-35-104; and

(w) Consider that the date of sale is the date of delivery of the hearing aid.

History

• Effective 2015-04-10

Chapter 8 Complaints: Practice and Procedure

Wyo. Code R. 064.0001.8.04102015 Complaints: Practice and Procedure

CHAPTER 8

PRACTICE AND PROCEDURES FOR DISCIPLINARY, APPLICATION AND LICENSURE MATTERS

Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:

(a) Conduct investigations, hearings, and proceedings concerning:

(i) Alleged violations of the Act or the Board Rules; or

(ii) Actions relating to an application for a licensure including granting or denying.

(b) Determine and administer appropriate disciplinary action against licensee.

Section 2. Grounds for Discipline. The Board may take disciplinary action or refuse to issue or renew a license for the any one (1) or more violations of the Act or Board Rules.

Section 3. Application Review and Investigation Process.

(a) Application Review.

(i) Every application for a license or permit issued by the Board shall be subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied.

(ii) If any application, including renewals, reveals any information which merits further investigation, the matter shall be assigned to the ARC.

(b) Application Review Committee Action. The ARC may:

(i) Recommend a license or permit be issued or renewed;

(ii) Recommend a settlement agreement which may include the issuance of a license or renewal with the imposition of restrictions, conditions, reprimand or a combination thereof; or

(iii) Recommend denial of the application.

(c) Notice of Intent to Recommend Denial. The ARC shall notify the applicant of its intent to recommend denial. Such notification shall contain:

(i) A brief description of the facts or conduct which warrant the denial of licensure;

(ii) A statement of the nature of the actions which warrant the denial or other authorized action, the facts upon which the denial or other action is based, the specific statutory provisions or the specific Board Rules involved; and

(iii) Notice of the right to a hearing if a written request is received in the Board office within thirty (30) days of the date of mailing the letter of the denial.

(d) Applicant's Request for Hearing. If the ARC recommends denial of an application, the applicant may request a contested case hearing in writing within thirty (30) days of the mailing of the notification.

Section 4. Complaint Review and Disciplinary Investigation Process.

(a) Complaint Review. Every complaint submitted to the Board or initiated on behalf of the Board shall be investigated by a DC.

(b) Disciplinary Committee Action. The DC may:

(i) Recommend dismissal of a complaint;

(ii) Recommend issuance of an advisory letter;

(iii) Recommend a settlement agreement which may include voluntary surrender, suspension, imposition of restrictions or conditions, reprimand or other discipline;

(iv) Recommend disciplinary action against the licensee including revocation, suspension, reprimand, restrictions or conditions, or other discipline; or

(v) Recommend summary suspension.

(c) Summary Suspension. The Board may conduct an expedited hearing if the DC believes that the licensee's continued practice presents a danger to the public health, safety or welfare and recommends summary suspension.

Section 5. Petition and Notice of Hearing.

(a) Petition. Formal proceedings for disciplinary action against a licensee shall be commenced by serving a notice of hearing and petition and complaint by certified or regular mail at least twenty (20) days prior to the date set for hearing.

(b) Notice of Hearing. The Notice of Hearing shall contain:

(i) The name and last address of the licensee;

(ii) A statement in ordinary and concise language of the matters asserted, which shall contain the nature of the complaint filed with the Board, the facts upon which the complaint is based, the specific statutory provisions and the specific Board Rules that the licensee is alleged to have violated;

(iii) The time, place and nature of the hearing;

(iv) The legal authority and jurisdiction; and

(v) A statement indicating that failure to respond to the petition within twenty (20) days of its receipt may result in a default judgment.

Section 6. Lawful Service. There shall be a presumption of lawful service of a Petition, Notice of Hearing, or any other communication required by these Board Rules if sent to the last known address of the licensee or applicant by certified or regular mail.

Section 7. Default. The Board may enter an order of default judgment based on the allegations contained in the Petition and Complaint in any case where the licensee or the licensee's representative has not responded nor appeared at a scheduled noticed hearing.

Section 8. Contested Case Hearing. The hearing officer shall preside over the formal contested case hearing which shall be conducted pursuant to the WAPA and the Office of Administrative Hearings rules concerning contested case proceedings.

Section 9. Board Decision and Order.

(a) Board Action. The Board may resolve a complaint by:

(i) Approving the recommendations of the DC or ARC; or

(ii) Conduct a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:

(A) Dismiss the complaint due to lack of clear and convincing evidence;

(B) Issue an advisory letter; or

(C) Impose discipline by revocation, suspension, reprimand, restriction, condition, non-renewal, or a combination thereof, for a violation of any provision of the HASLA or the Board Rules.

(b) Board Order. The Board shall make and enter a written decision and order. The decision and order shall be sent to the applicant, licensee, or their attorneys by certified or regular mail.

Section 10. Appeals. Appeals from decisions of the Board are governed by the WAPA and the Wyoming Rules of Appellate Procedure. Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal.

History

• Effective 2015-04-10