Bill Text: CA SB198 | 2017-2018 | Regular Session | Introduced

California Senate Bill 198 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Hearing aid dispensers: cerumen: management: tympanometry.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB198 Detail]

Download: California-2017-SB198-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 198

Introduced by Senator Galgiani

January 30, 2017

An act to amend Section 2538.11 of the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

SB 198, as introduced, Galgiani. Hearing aid dispensers: cerumen management.

Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. Existing law defines the “practice of fitting or selling hearing aids” as those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. Under existing law, hearing tests conducted are required to include those that are in compliance with the Food and Drug Administration Guidelines for Hearing Aid Devices and those that are specifically covered in the licensing examination prepared and administered by the board.

This bill would authorize that practice to include cerumen management, as defined, subject to specified requirements, including that the hearing aid dispenser demonstrates specified proficiency in cerumen management and that cerumen management only occur under physician and surgeon supervision. The bill would additionally authorize tympanometry as an allowable hearing test if it is only used for further referral to a physician and surgeon for diagnosis or treatment.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 2538.11 of the Business and Professions Code is amended to read:

2538.11.

(a) “Practice of fitting or selling hearing aids,” as used in this article, means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling. This may include cerumen management. For the purposes of this section, cerumen management means the removal of cerumen for the sole purpose of inspecting the ears, making impressions, or fitting and maintaining hearing aids.

(1) Cerumen management shall only be performed by a hearing aid dispenser who has demonstrated proficiency of this skill in his or her licensing examination.
(2) Cerumen management shall only occur under physician and surgeon supervision, which shall be subject to all of the following:
(A) The hearing aid dispenser and physician and surgeon shall collaborate to develop a written standardized protocol. The protocol shall include, but not be limited to, a requirement that the supervised hearing aid dispenser immediately refer to an appropriate physician and surgeon any trauma, including skin tears, bleeding, or other pathology of the ear discovered in the process of cerumen management.
(B) Approval by the supervising physician and surgeon of the written standardized protocol.
(C) The supervising physician and surgeon shall be within the general vicinity, as provided by the written standardized protocol, of the supervised hearing aid dispenser and shall be available by telephone at the time of cerumen management.
(D) A physician and surgeon may not simultaneously supervise more than two hearing aid dispensers for purposes of cerumen management.

The practice of fitting or selling hearing aids does not include the act of concluding the transaction by a retail clerk.

When any audiometer or other equipment is used in the practice of fitting or selling hearing aids, it shall be kept properly calibrated and in good working condition, and the calibration of the audiometer or other equipment shall be checked at least annually.

(b) A hearing aid dispenser shall not conduct diagnostic hearing tests when conducting tests in connection with the practice of fitting or selling hearing aids.

(c) Hearing tests conducted pursuant to this article shall include those that are in compliance with the Food and Drug Administration Guidelines for Hearing Aid Devices and those that are specifically covered in the licensing examination prepared and administered by the board. Tympanometry shall be considered an allowable hearing test for purposes of this section and shall only be used for further referral to a physician and surgeon for diagnosis or treatment.