To conform with 21 C.F.R. 800.30.

 

DEPARTMENT OF HEALTH

Board of Hearing Aid Specialists

RULE NO.: RULE TITLE:

64B6-8.001: Definitions

64B6-8.003: Trainee Stages, Minimum Training Requirements, and Training Program

PURPOSE AND EFFECT: To conform with 21 C.F.R. 800.30.

SUMMARY: To conform with 21 C.F.R. 800.30.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 484.044, 484.0445(1) FS.

LAW IMPLEMENTED: 484.041, 484.0445(1), 484.045 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ashleigh Irving, Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B6-8.001 Definitions.

(1) Trainee: A person meeting the qualifications stated in Section 484.0445, F.S., studying prescription hearing aid dispensing under the direct supervision of a sponsor, for the purpose of qualifying for certification to sit for the licensure examination.

(2) Sponsor: An active, licensed hearing aid specialist under whose direct supervision one or more trainees are studying prescription hearing aid dispensing for the purpose of qualifying for certification to sit for the licensure examination.

(3) Direct Supervision: A relationship in which the sponsor is responsible for all work being done and gives final approval to all prescription hearing aid dispensing work performed by the trainee. The sponsor or hearing aid specialist designated by the sponsor must be physically present in the same room at the time a prescription hearing aid is delivered to the client, and the receipt required by Section 484.051, F.S., must have the signature and license number of the sponsor or hearing aid specialist designated by the sponsor.

(4) No Change.

Rulemaking Authority 484.044, 484.0445(1) FS. Law Implemented 484.041, 484.0445(1), 484.045 FS. History–New 2-12-84, Amended 4-18-85, Formerly 21JJ-8.01, Amended 8-12-87, 9-13-90, Formerly 21JJ-8.001, 61G9-8.001, Amended 2-10-03, 6-2-03, ______________.

 

64B6-8.003 Trainee Stages, Minimum Training Requirements, and Training Programs.

(1) A training program shall be a minimum of six months in length and shall be divided into four stages. Following the completion of Stage 1, the trainee shall be in training for the dispensing of prescription hearing aids for a minimum of twenty (20) hours each week, and shall be under the direct supervision of the sponsor at all times when performing the functions of a hearing aid specialist. The training program shall be divided into four (4) stages:

(a) No Change.

(b) Stage II – 1 month: During this Stage, the trainee may perform audiometric tests, and make ear mold impressions and modifications, but the sponsor or hearing aid specialist designated by the sponsor shall be physically present, in the same room at all times when the trainee is performing these functions. The trainee may not recommend the selection of a prescription hearing aid, dispense a prescription hearing aid, or counsel a client.

(c) Stage III – 2 months: During this Stage the trainee may perform all tasks in Stage II, recommend the selection of a prescription hearing aid, and counsel a client, but the trainee shall be under the direct supervision of the sponsor or hearing aid specialist designated by the sponsor. The trainee may not deliver a prescription hearing aid.

(d) Stage IV – 3 months: During this Stage the trainee may perform all the tasks in Stages II and III and deliver prescription hearing aids, but the sponsor or hearing aid specialist designated by the sponsor shall be physically present in the same room at the time a prescription hearing aid is delivered to the client, and the receipt required by Section 484.051, F.S., must have the signature and license number of the sponsor or hearing aid specialist designated by the sponsor.

(2) It shall be the responsibility of the sponsor to provide instruction and guidance, in order to adequately prepare trainees for practice as a hearing aid specialist. Training received by a trainee during the training program must consist of training in the following subject areas:

(a) through (m) No Change.

(n) Prescription Hearing Aid Measurements.

(o) through (r) No Change.

(s) Clients Counseling and Delivery as it pertains to Prescription Hearing Aid usage and care for optimum performance.

(3) through (4) No Change.

(5) Upon completion of the training program, the trainee shall take the licensure examination within 30 days from receiving the notice of eligibility from the examination vendor. A trainee may continue to function as a trainee until she or he has received the results of the licensure examination, provided that failure of the sponsor to file the complete report required herein will preclude the trainee from engaging in acts which constitute prescription hearing aid dispensing until such time as the complete report is filed. Until the complete report is filed, the trainee is not eligible to complete the first available licensure examination. Upon receipt of the examination results a trainee that passes the examination may continue in Stage IV under the direct supervision of his or her sponsor until they have applied and received their license or up to ninety (90) days whichever comes first, pursuant to subsection 64B6-3.001(2), F.A.C. Payment of the fee and all other licensing requirements required by this rule shall be met within ninety (90) days of notification of licensure eligibility, or the eligibility certification becomes null and void and the person must reapply for licensure.

(6) through (7) No Change.

Rulemaking Authority 484.044, 484.0445(1) FS. Law Implemented 484.0445, 484.045 FS. History–New 2-12-84, Formerly 21JJ-8.03, Amended 8-12-87, 10-1-90, 1-28-91, 4-23-91, 8-19-91, Amended 3-18-93, Formerly 21JJ-8.003, Amended 4-21-94, Formerly 61G9-8.003, Amended 7-11-02, 2-19-03, 8-31-06, 6-11-09, 7-5-10, 1-4-18, 2-1-21, _______________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Hearing Aid Specialists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Hearing Aid Specialists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 22, 2023