Tenn. Comp. R. & Regs. 1370-02-.12 - CONTINUING EDUCATION, CALIBRATION CERTIFICATES, AND BILLS OF SALE

(1) Basic Requirements:

(a) Continuing Education

1. Each licensee registered with the Council is required to successfully complete twenty (20) hours of continuing education during the two (2) calendar years (January 1 - December 31) that precede the licensure renewal year.

2. Two (2) hours of the twenty (20) hour requirement shall pertain to Tennessee statutes and rules concerning hearing instrument specialists.

3. For new licensees, submitting proof of successful completion of the written and practical skills examinations, pursuant to Rule 1370-02-.08, shall be considered proof of sufficient preparatory education to constitute continuing education credit for the first calendar year of licensure.

(b) Calibration Certificates - Each licensee registered with the Council is required to retain calibration of equipment certificates for each audiometer used at his/her place of business during the calendar year.

(c) Bills of Sale - Each licensee registered with the Council is required to retain copies of bills of sale for each hearing aid sold at his/her place of business during the calendar year.

(2) Documentation of Compliance:

(a) Each licensee must retain documentation of completion of all requirements of this rule. This documentation must be retained for a period of four (4) years from the end of the calendar year in which the requirements were completed. This documentation must be produced for inspection and verification, if requested in writing by the Council during its verification process.

(b) Acceptable continuing education documentation:

1. Certificates or original letters from course providers verifying the licensee's attendance at continuing education program(s); or

2. An original letter on official stationery from IHS verifying continuing education, specifying date, continuing education hours, program title, licensee's name, and license number.

(c) The individual must, within thirty (30) days of a request from the Council, provide documentation of successfully completing this rule's requirements.

(3) Continuing Education Course Approval - Courses to be offered for credit toward the continuing education requirement must, unless otherwise provided, receive prior approval from the Council. Unless otherwise provided, all courses shall be offered within Tennessee.

(a) Course approval procedures

1. Pre-approved course providers - Continuing education courses which pertain to hearing instrument specialists shall be considered approved if provided or sanctioned by the following entities:

(i) International Hearing Society;

(ii) National Board for Certification-Hearing Instruments Specialists;

(iii) National Institute for Hearing Instruments Studies;

(iv) Any state professional association affiliated with the associations listed in subparts (i) through (iii);

(v) Any state regulatory agency for hearing instrument specialists in the United States.

2. Course approval procedure for other course providers

(i) Unless pre-approved as provided in part (3) (a) 1., the course provider must have delivered to the Council's Administrative Office at least thirty (30) days prior to a regularly scheduled meeting of the Council that precedes the course, documentation which includes all of the following items which must be resubmitted if substantive changes are made after receipt of approval from the Council:

(I) course description or outline;

(II) names of all lecturers;

(III) brief resume of all lecturers;

(IV) number of hours of educational credit requested;

(V) date of course;

(VI) copies of materials to be utilized in the course; and

(VII) how verification of attendance is to be documented.

(ii) Notwithstanding the provisions of the introductory language of this paragraph, any clinic, workshop, seminar or lecture at national, regional , state and local meetings of hearing instrument specialists will be recognized for continuing education credit by the Council if

(I) the course provider has complied with the provisions of subpart (3) (a) 2.

(i); or

(II) the course provider is exempt from needing prior approval as provided in part (3) (a) 1.

(iii) Notwithstanding the provisions of the introductory language of this paragraph, out-of-state continuing education providers may seek course approval if they are a hearing instrument specialist regulatory agency or association from a state that borders Tennessee; and

(I) the course provider has complied with the provisions of subpart (3) (a) 2.

(i); or

(II) the course provider is exempt from needing prior approval as provided in part (3) (a) 1.

3. Course approval procedure for individual licensees

(i) Any licensee may seek approval to receive credit for successfully completing continuing education courses by delivering to the Council's Administrative Office at least thirty (30) days prior to a regularly scheduled meeting of the Council that precedes the course, everything required in items (3) (a) 2.

(i)

(I) through (VII) which must be resubmitted if substantive changes are made after receipt of approval from the Council; and

(ii) To retain course approval, the licensee must submit a course evaluation form, supplied by the Council, to the Council's Administrative Office within thirty (30) days after successfully completing the course.

4. Course approval for attendance at Council meetings

(i) Licensees may receive credit for one (1) hour of continuing education required in part (1) (a) 2. for each Council meeting that they attend in entirety.

(ii) Council members may receive credit for one (1) hour of continuing education required in part (1) (a) 2. for each Council meeting that they attend in entirety.

(iii) No more than two (2) hours of continuing education credit shall be awarded for attendance at Council meetings during any two (2) calendar year period.

(b) Continuing education credit will not be allowed for the following:

1. Regular work activities, administrative staff meetings, case staffing/ reporting, etc.

2. Membership in, holding office in, or participation on boards or committees, business meetings of professional organizations, or banquet speeches, except as provided in part (3) (a) 4.

3. Independent unstructured or self-structured learning.

4. Training specifically related to policies and procedures of an agency.

5. Non-hearing instrument specialist dispensing content courses in excess of four (4) hours - examples: computer, finance or business management.

6. Courses provided by an individual hearing instrument manufacturer in excess of ten (10) hours during each renewal cycle.

(c) Continuing education hours that are clearly not hearing instrument specialist related will be unacceptable.

(4) Continuing Education for Reactivation or Reinstatement of Retired, Revoked, or Expired Licensure.

(a) Reactivation of a Retired License.

1. An individual whose license has been retired for two (2) years or less will be required to fulfill continuing education requirements as outlined in this Rule as a prerequisite to reactivation. Those hours will be considered replacement hours and cannot be counted during the next licensure renewal period.

2. An individual who requests reactivation of a license which has been retired for more than two (2) years must submit, along with the reactivation request, verification which indicates the attendance and completion of twenty (20) hours of continuing education. The continuing education hours must have been started and successfully completed within the two (2) years immediately preceding the date of the requested reactivation.

(b) Reactivation of Revoked Licensure.

1. No person whose license has been revoked for failure to comply with continuing education may have his/her license reactivated without complying with these requirements. Continuing education requirements will accumulate at the same rate as for those licenses which are active. The required clock hours of continuing education must have been begun and successfully completed before the date of reactivation.

2. Notwithstanding the provisions of part (4) (b) 1., on written request and approval by the Council, a licensee has the option to take and pass the written and practical sections of the examination given by the Council in lieu of fulfilling the continuing education requirement. The current examination fee, pursuant to rule 1370-02-.06, will be applicable.

(c) Reinstatement of Expired Licensure - No person whose license has expired may have his/her license reinstated without submitting evidence of continuing education. The continuing education hours documented at the time of reinstatement must equal the hours required, had the license remained in an active status, and must have been begun and successfully completed before the date of reinstatement.

(d) Continuing education hours obtained as a prerequisite for reactivating or reinstating a license may not be counted toward the calendar year requirement.

(5) Violations

(a) Any licensee who falsely certifies attendance and completion of the required hours of continuing education requirements, or who does not or can not adequately substantiate completed continuing education hours with the required documentation, may be subject to disciplinary action.

(b) Prior to the institution of any disciplinary proceedings, a letter shall be issued to the last known address of the individual stating the facts or conduct which warrant the intended action.

(c) The licensee has thirty (30) days from the date of notification to show compliance with all lawful requirements for the retention of the license.

(d) Any licensee who fails to show compliance with the required continuing education hours in response to the notice contemplated by subparagraph (5) (b) above may be subject to disciplinary action.

(e) Continuing education hours obtained as a result of compliance with the terms of a Council Order in any disciplinary action shall not be credited toward the continuing education hours required to be obtained in any renewal period.

Notes

Tenn. Comp. R. & Regs. 1370-02-.12

Original rule filed December 2 1980; effective June 16, 1981. Repeal filed September 24, 1987; effective December 8, 1987. Repeal and new rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-1-.12 filed December 28, 1999; effective March 12, 2000. Amendment filed October 28, 2002; effective January 11, 2003. Amendment filed October 12, 2004; effective December 26, 2004. Amendment filed October 31, 2005; effective January 14, 2006. Amendment filed July 10, 2006; effective September 23, 2006. Amendment filed January 29, 2013; effective April 29, 2013.

Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-17-105, 63-17-203, and 63-17-214.