Chapter 0033 - 511R - S Ver of SB1102

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-414, Arizona Revised Statutes, is amended to read:

START_STATUTE36-414. Health services licensing fund; exemption

A. The health services licensing fund is established consisting of monies deposited pursuant to sections 36‑405, 36‑882, and 36‑897.01 and 36‑1903. The department of health services shall administer the fund.

B. Monies in the fund are subject to legislative appropriation.

C. Monies in the fund are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. END_STATUTE

Sec. 2. Section 36-1903, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1903. Deposit of monies

A. All monies received by the director for any purpose pursuant to this chapter shall be deposited, Pursuant to sections 35‑146 and 35‑147, in a hearing and speech professionals the director shall deposit ten per cent of all monies collected pursuant to this chapter in the state general fund and shall deposit the remaining ninety per cent in the health services licensing fund established in the state treasury by the director by section 36-414, except that monies collected from civil penalties imposed pursuant to this chapter shall be deposited in the state general fund. Monies in the fund shall be administered by the director for the purposes of this chapter.

B. Monies in the fund are subject to legislative appropriation and are exempt from the provisions of section 35‑190 relating to lapsing of appropriations. END_STATUTE

Sec. 3. Section 36-1904, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1904. Issuance of license; renewal of license; continuing education; military members

A. The director shall issue a regular license to each applicant who meets the requirements of this chapter. A regular license is valid for one year two years.

B. A licensee shall renew a regular license annually every two years on payment of the renewal fee prescribed in section 36‑1908. There is a thirty-day grace period after the expiration of a regular license. During this period the licensee may renew a regular license on payment of a late fee in addition to the renewal fee.

C. When renewing a regular license as a hearing aid dispenser, the licensee shall provide proof of having completed at least twelve twenty-four hours of continuing education within the prior twelve twenty-four months. Courses sponsored by a single manufacturer of hearing aids may not satisfy more than four eight hours of continuing education within the prior twelve twenty-four months. At least eight hours of continuing education must be from courses taught in-person that offer a hands-on opportunity for instruction in dispensing-related techniques. Courses on topics that provide a hearing aid dispenser an opportunity to stay current on business or client service practices or trends in the profession or that contribute to the professional or business competence of a hearing aid dispenser may qualify for up to one-third of the annual continuing education requirement.

D. When renewing a regular license in audiology or in speech-language pathology, the licensee shall provide proof of having completed at least ten twenty hours of continuing education within the prior twelve twenty-four months. Courses sponsored by a single manufacturer of hearing aids may not satisfy more than four eight hours of continuing education within the prior twelve twenty-four months for persons with a license in audiology.

E. The director by rule shall provide standards for continuing education courses required by this section. Educational courses that are developed by professional organizations of hearing aid dispensers, audiologists or speech language pathologists and that are used by those associations to comply with continuing education requirements are deemed to comply with department standards.

F. The director may refuse to renew a regular license for any cause provided in section 36‑1934.

G. A person who does not renew a regular license as prescribed by this section shall apply for a new license pursuant to the requirements of this chapter. If an application is received by the director within one year of after the expiration date of the license, the applicant is not required to take an examination.

H. A person who reapplies for a regular license issued pursuant to this chapter must provide proof of completion of the continuing education hours prescribed by subsection C or D of this section within the previous twelve twenty-four months before the date of reapplication.

I. A license issued pursuant to this chapter to any member of the Arizona national guard or the United States armed forces reserves shall does not expire while the member is serving on federal active duty and shall be is extended one hundred eighty days after the member returns from federal active duty, provided that if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member. A license issued pursuant to this chapter to any member serving in the regular component of the United States armed forces shall be is extended one hundred eighty days from after the date of expiration, provided that if the member, or the legal representative of the member, notifies the director of the federal active duty status of the member. If the license is renewed during the applicable extended time period after the member returns from federal active duty, the member is responsible only for normal fees and activities relating to renewal of the license and shall not be charged any additional costs such as late fees or delinquency fees. The member, or the legal representative of the member, shall present to the director a copy of the member's official military orders, a redacted military identification card or a written verification from the member's commanding officer before the end of the applicable extended time period in order to qualify for the extension.

J. A license issued pursuant to this chapter to any member of the Arizona national guard, the United States armed forces reserves or the regular component of the United States armed forces shall does not expire and shall be is extended one hundred eighty days from after the date the military member is able to perform activities necessary under the license if the member both:

1. Is released from active duty service.

2. Suffers an injury as a result of active duty service that temporarily prevents the member from being able to perform activities necessary under the license. END_STATUTE

Sec. 4. Section 36-1923, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1923. Hearing aid dispensers; licensure; requirements

A. An applicant for a hearing aid dispenser license shall pay to the director a nonrefundable application fee and shall show to the satisfaction of the director that he the applicant:

1. Is a person of good moral character.

2. Has an education equivalent to a four‑year course in an accredited high school or has continuously engaged in the practice of fitting and dispensing hearing aids during the three years preceding August 11, 1970.

3. Has not had his the applicant's license revoked or suspended by a state within the past two years and is presently not ineligible for licensure in any state due to prior revocation or suspension.

B. An applicant for a hearing aid dispenser license who is notified by the director that he the applicant has fulfilled the requirements of subsection A of this section shall appear at a time, place and before persons the director designates, to be examined by written and practical tests as designated by the director in order to demonstrate that he the applicant is qualified to practice the fitting and dispensing of hearing aids.

C. The director shall give at least one two and not exceeding four examinations of the type described in this section in each calendar year as the volume of applications may make appropriate unless there is an insufficient number of applicants for the second annual examination. A minimum of three months shall elapse following the last examination before another may be given.

END_STATUTE

Sec. 5. Section 36-1924, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1924. Examination for license

A. The examination provided for in this article shall consist of:

1. A demonstration of minimal knowledge in the techniques of testing hearing and fitting and evaluating hearing aids.

2. A knowledge of the medical and rehabilitation facilities, for children and adults with hearing disorders, in this state.

3. A knowledge of the code of ethics contained in this chapter.

4. 3. Tests of knowledge in the following areas as they pertain to the fitting of hearing aids:

(a) Physics.

(b) The human hearing mechanism, including its functions and causes of its disorders.

5. 4. Practical tests of proficiency in the techniques of taking ear mold impressions and measurement of hearing by pure tone audiometry, including the air, bone and masking methods, and speech audiometry and other skills as they pertain to the candidacy for, selection of and adaptation of hearing aids.

6. 5. A knowledge of rehabilitation and hearing conservation techniques as they relate only to hearing aids and related devices.

B. The examination shall not be constructed to require knowledge or abilities inconsistent with the realistic services of a hearing aid dispenser or with the requirements of sound public health practices.

C. To provide adequate tests of proficiency, the examination requirements provided in this section may be changed when deemed necessary due to technological advances. END_STATUTE

Sec. 6. Section 36-1926, Arizona Revised Statutes, is amended to read:

START_STATUTE36-1926. Temporary license; sponsorship; termination of sponsorship

A. An applicant who fulfills the requirements of section 36‑1923, subsection A may apply to the director for a temporary license.

B. On receiving an application as provided by subsection A of this section, accompanied by an application fee and proof of sponsorship, the director shall issue a temporary license. A temporary license allows the licensee to practice the fitting and dispensing of hearing aids for a twelve‑month period ending on the last day of the month following a scheduled examination.

C. An applicant shall provide proof to the satisfaction of the director that the applicant is or will be supervised and trained for fitting and dispensing activities by a sponsor licensed pursuant to this chapter.

D. A sponsor may terminate sponsorship at any time and for any reason. The director shall not review the reasons for the termination. A temporary license terminates on the date that the director receives notice from the sponsor that the sponsor is terminating sponsorship. This notice shall be accompanied by documentation that the sponsor has notified the licensee of the termination. The director shall prescribe by rule how the sponsor shall document this notification of termination. A person whose license is terminated shall apply for a new temporary license as prescribed by this section and shall not practice until granted a license.

E. A person shall either take the next examination that is given following temporary licensee shall take an examination within six months after issuance of a temporary license or renew the temporary license. If the person takes and fails the examination, the person may renew the temporary license once before the temporary license expires. The person shall take the next examination following the issuance of the renewal license. If the person does not take the examination but renews the temporary license, the person shall take the next examination following issuance of renewal of the temporary license.

F. The director shall not issue a renewal to a person who has renewed a temporary license and failed the examination.

G. A temporary license expires on the last day of the month following the next scheduled examination.

H. F. The director may revoke or suspend a temporary license in the same manner and for the same reasons as prescribed pursuant to section 36‑1934.

G. The director may deny an application for a temporary license if the applicant has previously held a temporary license and renewed the temporary license. END_STATUTE

Sec. 7. Hearing aid dispensers; audiologists; department rules

For the purposes of this act, the department of health services shall adopt rules to:

1. Reduce the regulatory burden on persons who are licensed pursuant to title 36, chapter 17, Arizona Revised Statutes.

2. Prescribe an examination developed by a national professional organization of hearing aid dispensers that is consistent with the requirements of section 36-1924, Arizona Revised Statutes, as amended by this act.

Sec. 8. Exemption from rule making

For the purposes of this act, the department of health services is exempt form the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, until July 1, 2014, except that the department shall provide public notice and an opportunity for public comment.

Sec. 9. Current licensees

A license issued by the department pursuant to title 36, chapter 17, Arizona Revised Statutes, before the effective date of this act expires one year after the date of issuance.