SUBCHAPTER 22F - LICENSing PROVISIONS

section .0100 - EXAMINATION

21 NCAC 22F .0101 TIME AND PLACE OF EXAMINATIONS

The Board shall publicize the time and place of each qualifying examination given pursuant to G.S. 93D-8 on the Board's website at least 90 days in advance of the examination.

History Note: Authority G.S. 93D-3(c); 93D-8;

Eff. April 23, 1976;

Amended Eff. March 1, 2013; June 1, 2012; January 1, 1992; May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22F .0102 PLACE OF EXAMINATIONS

History Note: Authority G.S. 93D‑3; 93D‑8;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

21 NCAC 22F .0103 SUBMISSION OF APPLICATIONS AND FEES (recodified to 21 NCAC 22A .0503 May 1, 2013)

21 NCAC 22F .0104 QUALIFICATIONS for licensure

In order to be issued a license by the Board:

(1) Each applicant for licensure shall submit an application for licensure and exam registration as set forth in 21 NCAC 22A .0503;

(2) Each applicant for licensure shall show to the Board the requirements in G.S. 93D-5(a). The Board may require supplemental information for applications to determine the qualifications of each licensee, registered applicant, and registered apprentice, as set forth in these Rules and in Chapter 93D of the General Statutes of North Carolina. The Board will require supplemental information on a case-by-case basis including issues raised on the applicant's criminal background check or discrepancies in the application. Supplemental information may include letters of recommendation, affidavits, official transcripts, and personal appearances before the Board;

(3) The applicant shall pass all parts of the Board's licensing exam as set forth in 21 NCAC 22F .0105. In the event an out of state applicant, military trained applicant, or military spouse applicant has previously taken and passed Part D of the Board's licensing exam, this applicant shall submit an ILE score transfer letter from the IHS so as not to re-take Part D; and

(4) Each applicant shall complete one full year of apprenticeship, with exception to those eligible for waiver under G.S. 93D-5(c) or those applying for licensure pursuant to 21 NCAC 22F .0123.

History Note: Authority G.S. 93D-3(c); 93D-5; 93D-6; 93D-9;

Eff. April 23, 1976;

Amended Eff. February 1, 1996; April 1, 1989; May 1, 1988;

Paragraph (d) recodified to 21 NCAC 22F .0122 Eff. May 1, 2013;

Temporary Amendment Eff. February 10, 2014;

Amended Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0105 EXAMINATION

The exam consists of four parts:

(1) Part A. This part shall assess applicant's knowledge of hearing testing through a computer simulation program;

(2) Part B. This part shall assess applicant's practical knowledge and ability to make an ear impression;

(3) Part C. This part shall assess the applicant's knowledge of relevant laws, rules, and regulations governing hearing aid specialists; and

(4) Part D. Part D will be the ILE as administered by the IHS. This part shall assess the applicant's knowledge of the following:

(A) patient assessment;

(B) interpretation and application of assessment results;

(D) the scope of practice of hearing aid specialists; and

(E) ability to provide continuing care.

History Note: Authority G.S. 93B-8; 93D-1.1; 93D-3(c); 93D-8;

Eff. April 23, 1976;

Amended Eff. May 1, 1988;

Temporary Amendment Eff. February 10, 2014;

Amended Eff. February 1, 2015; April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0106 GRADING

History Note: Authority G.S. 93D‑3;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

21 NCAC 22F .0107 Examination RESULTS

(a) The Board office shall communicate the examination results as follows:

(1) issue a written notification concerning the applicant's performance on the qualifying examination to each registered applicant by mailing exam results to the mailing address provided by the applicant; and

(2) if applicable, mail a copy of the applicant's exam results to the applicant's Registered Sponsor at the mailing address on file with the Board at the same time the results are mailed to the applicant.

(b) The Board shall mail exam results within 30 days after the examination.

(c) The written notification shall be titled "Official Notice of Examination Results" with the date of the notice printed below the title.

(d) For a registered applicant who completes one full year of apprenticeship, all exam results shall expire 31 months after the date of initial issuance of the apprentice certificate.

(e) If a registered applicant is exempt from the apprenticeship requirement, or takes an exam more than 31 months after the date of initial issuance of the apprentice certificate, the exam results shall expire 19 months after the date of the exam.

(f) Notwithstanding Paragraphs (d) and (e) of this Rule, the exam results for Part D shall not expire.

History Note: Authority G.S. 93B-8; 93D-3(c);

Eff. April 23, 1976;

Amended Eff. December 1, 2014; September 1, 2013; June 1, 2012; February 1, 1996; May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0108 REVIEW OF EXAMINATION

(a) As set forth in G.S. 93B-8(c), each registered applicant who takes and does not pass the qualifying examination shall be granted an opportunity to review the failed portion of the examination that is in the custody and control of the Board in the presence of a representative of the Board, upon written request from the applicant.

(b) An applicant shall make a written request by completing the electronic form available on the Board website. The written request shall include the applicant's name and Exam ID number, contact phone number, e-mail address, and dates available for a review appointment.

(c) The deadline to request an exam review shall be 20 days after the date printed on the Official Notice of Examination Results.

(d) The Board shall conduct exam reviews at the Board's office by appointment.

(e) Pursuant to G.S. 93B-8(d), an applicant shall not have the privilege to review Part D of the licensing exam.

History Note: Authority G.S. 93B‑8; 93D‑3(c);

Eff. April 23, 1976;

Amended Eff. December 1, 2014; October 1, 2013; February 1, 1996; January 1, 1992; May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0109 FEES

History Note: Authority G.S. 12‑3.1; 93D‑3;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

21 NCAC 22F .0110 REFUNDS (recodified to 21 NCAC 22a .0502 May 1, 2013)

21 NCAC 22F .0111 RECIPROCITY

21 NCAC 22F .0112 LICENSES

History Note: Authority G.S. 93D‑3; 93D‑5; 93D‑6;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

21 NCAC 22F .0113 APPRENTICESHIP REQUIREMENTS

21 NCAC 22F .0114 TRAINING AND SUPERVISION

21 NCAC 22F .0115 SPONSORS' DUTIES

21 NCAC 22F .0116 SEPARATION OF APPRENTICE AND SPONSOR

History Note: Authority G.S. 93D-3(c); 93D-5; 93D-9; 93D-9(e);

Eff. April 23, 1976;

Amended Eff. August 1, 2012; February 1, 1996; January 1, 1992; April 1, 1989; May 1, 1988; November 4, 1980;

Repealed Eff. April 1, 2014.

21 NCAC 22F .0117 APPRENTICE TERMINATION

History Note: Authority G.S. 93D‑3; 150B‑9(c);

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

21 NCAC 22F .0118 CHANGE OF ADDRESS (recodified to 21 ncac 22i .0114 may 1, 2013)

21 NCAC 22F .0119 SPONSORS' RESIDENCE

History Note: Authority G.S. 93D‑3;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

21 NCAC 22F .0120 CONTINUING EDUCATION

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. April 23, 1976;

Amended Eff. March 1, 1996; May 1, 1988;

Repealed Eff. September 1, 2013.

21 NCAC 22F .0121 REINSTATEMENT OF AN EXPIRED LICENSE

(a) For those applicants seeking reinstatement of a license that has been expired for more than 60 days but less than five years, the applicant may satisfy the Board's requirement for annual continuing education as a condition for license renewal by taking and passing the Board's qualifying examination.

(b) For those applicants seeking reinstatement of a license that has been expired for five or more years, evidence of satisfactory completion of the Board's annual continuing education requirement shall consist of the applicant taking and passing the Board's qualifying examination.

(c) If the applicant cited in Paragraph (b) of this Rule has continuously held a valid license to fit and sell hearing aids in another State or jurisdiction for the five consecutive years prior to seeking North Carolina license reinstatement, that individual shall be required to take and pass only the portion of the Board's qualifying examination that addresses regulatory issues.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. February 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22F .0122 reciprocity

History Note: Authority G.S. 93D-3(c); 93D-5; 93D-6; 93D-9;

Recodified from 21 NCAC 22F .0104(d) Eff. May 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Repealed Eff. March 1, 2018.

21 NCAC 22F .0123 MILITARY LICENSURE

(a) The Board shall issue a license to a military-trained applicant seeking licensure as a hearing aid specialist in North Carolina upon the applicant demonstrating the qualifications as prescribed by the provisions of G.S. 93B-15.1(a).

(b) The Board shall issue a license to a military-trained applicant seeking licensure as a hearing aid specialist in North Carolina upon the applicant demonstrating the qualifications as prescribed by the provisions of G.S. 93B-15.1(a2).

(c) The Board shall issue a license to a military spouse applicant seeking licensure as a hearing aid specialist in North Carolina upon the applicant demonstrating the qualifications as prescribed by the provisions of G.S. 93B-15.1(b).

(d) The Board shall issue a "temporary practice permit" to a military-trained applicant or military spouse applicant while the military-trained applicant or military spouse is satisfying the requirements for licensure. The following provisions apply:

(1) the applicant may perform duties within the scope of practice for a Hearing Aid Specialist only upon issuance of a temporary practice permit by the Board; and

(2) the temporary practice permit shall remain valid for the later of one year or the renewal date for Hearing Aid Specialists or until a license is granted.

(e) No later than 30 days following receipt of a duly made application for licensure and exam registration under Paragraph (a) and (b), the Board shall notify a military-trained applicant when the applicant's military training or experience does not satisfy the requirements for licensure, and shall specify the criteria or requirements that the Board determined that the applicant failed to meet and the basis for that determination.

(f) Notwithstanding any other rule in this Chapter, the Board shall not charge a military-trained applicant or a military spouse an initial application fee for a license, registration, or temporary practice permit issued pursuant to this Section. Pursuant to G.S. 93B-15.1, nothing in this Paragraph shall be construed to prohibit the Board from charging its ordinary fee for a renewal application or prohibit a third party from charging actual costs for a service such as a background check.

(g) The Board shall waive the license renewal fee and continuing education reporting fees and shall grant an extension of time for up to one year for completing and reporting continuing education credits for those licensees currently licensed and in good standing with the Board who are serving in the Armed Forces of the United States, and to whom G.S. 105-249-2 grants an extension of time to file a tax return.

History Note: Authority G.S. 93B-15; 93B-15.1; 93D-1.1; 93D-2; 93D-3(c); 93D-5; 93D‑8; 93D-9;

Eff. March 1, 2018.

section .0200 - continuing education

21 NCAC 22F .0201 Continuing education definitions

The following definitions apply to the Rules contained in this Section:

(1) "CE Program" means a continuing education presentation where attendance is monitored and the participants are required to be present at one or more designated physical locations. The CE Program shall consist of sessions that may be eligible for Board-approved CEU credit. A CE Program may be televised or conducted via the internet only if participants must be at a designated location where attendance is monitored by the CE Program provider.

(2) "CEU accrual period" means the calendar year (January 1 through December 31) immediately preceding the March license renewal deadline.

(3) "CEU reporting deadline" means the tenth day of January that immediately follows the CEU Accrual Period.

(4) "CEU Verification Report" means the electronic form available on the Board website (www.nchalb.org) for recording CEU credits earned to satisfy the license renewal requirement.

(5) "Continuing Education Unit" (CEU) means the reporting unit used in calculating approved continuing education hours. One-tenth of a CEU (0.10) equals one hour of approved instruction. Ten hours of approved instruction equals 1.00 CEU credit. The Board-approved CEU credits are recorded to two decimal points (for example, a session conducted for two hours would be recorded as 0.20 CEU).

(6) "Educational objective" means a statement of the working knowledge or understanding of presented content that a participant is expected to attain upon completion of the session.

(7) "Hour" means a full clock hour (60 minutes) of instruction and learning, excluding any time allowed for any other activity such as meals, breaks, or business or committee meetings.

(8) "Program application" means the Board's official application for the purpose of program review for Board-approved CEU credit, which is available on the Board website.

(9) "Presentation format" means the teaching method utilized to impart information to the participants (for example, lecture, panel discussion, demonstration, practicum, or debate).

(10) "Report of Attendance" means the official attendance verification form entitled "Continuing Education Report of Program Attendance," which is available on the website in generic form and in specific form for approved programs and self-study.

(11) "Self-study" means independently completed internet-based activities or events provided by the Board, or approved by the International Institute for Hearing Instruments Studies (IIHIS), American Speech-Language-Hearing Association (ASHA), or American Academy of Audiology (AAA), for at least one hour of credit that includes an internet-presented examination addressing the content of the self-study session. Self-study may be:

(a) live, online presentations;

(b) prerecorded, downloaded presentations; or

(12) "Session" means an instructional or learning event, with at least two primary educational objectives addressing a single Board topic content category, and a specific amount of time allotted for accomplishing the specified objectives.

(13) "Topic Content Categories" means a system to separate Board-approved sessions by content. "Category 1" is for amplification, hearing rehabilitation, hearing loss, regulations, and consumer-related issues.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0202 Annual Continuing education requirements

(a) A licensee shall complete and record with the Board 10 hours (1.00 CEU credit) of Board-approved continuing education annually, from sessions assigned to Category 1 in accordance with Rule .0203 of this Section.

(b) The CEU Accrual Period for each license renewal shall be the calendar year preceding license renewal. CEU credit cannot be carried over from one CEU Accrual Period to the next, even if the CEU credit earned exceeds the license renewal requirement.

(c) An individual who passes the licensing exam during a CEU Accrual Period shall have satisfied the continuing education requirement for the corresponding license renewal.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018; October 1, 2016.

21 NCAC 22f .0203 CONTENT CATEGORIES

(a) Sessions assigned to Category 1, as described in this Rule, shall satisfy the continuing education requirement for license renewal. Any session not assigned to Category 1 shall not be approved to satisfy the continuing education requirement for license renewal.

(b) Category 1 is for amplification, hearing rehabilitation, hearing loss, regulations, and consumer-related issues, and shall be assigned to continuing education sessions that are comprised of the following topics:

(1) hearing aid technology: instrument circuitry and acoustic performance data;

(2) earmold or shell coupling systems: design, selection, modifications, and ear impressions;

(3) hearing aid selection procedures, verification, fitting and adjustment techniques, and servicing or repairs;

(4) aural rehabilitation using amplification: auditory training, hearing aid orientation and counseling techniques, and hearing aid validation techniques;

(5) biological, physical, and behavioral bases underlying normal and pathological hearing processes;

(6) detection, assessment, or monitoring of hearing impairment (such as measurement techniques and test interpretation), including intraoperative monitoring;

(7) cochlear implants or implantable hearing devices;

(8) central auditory processing;

(9) assistive listening devices, including FM Systems and ancillary wireless devices;

(10) techniques for development of speech and language in children with hearing loss, or augmentative and alternative communication strategies for children or adults with hearing loss;

(11) cerumen management, dizziness, or tinnitus as it pertains to persons with hearing loss;

(12) hearing impaired consumers' views of the hearing health care industry and consumer complaints;

(13) infection control issues for the hearing health care profession;

(14) professional conduct and regulatory issues pertaining to the fitting and selling of hearing aids; and

(15) hearing aid business practices, such as hearing aid office management, sales contracts, and hearing aid marketing or industry trends.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0204 CE PROGRAM APPLICATION

(a) Any individual or program sponsor shall submit a program application to the Board to request Board-approved CEU credit for a CE program. The person designated on the Board's program application as the program's applicant shall receive all Board communication related to program submission and approval.

(b) The applicant shall complete and submit a duly made application prior to the Board's evaluation of the program for approval. A duly made application shall consist of responses to all information requested on the application form, the required application fee in accordance with Rule 21 NCAC 22A .0501, a copy of the published program announcement and the published time-ordered program agenda listing the exact time that each session begins and ends, which sessions are divided into parts, and scheduled breaks.

(c) The Board shall use the initial duly made application to determine Board-approved CEU credit for the program. The initial program applicant shall be responsible for the accuracy of the submitted information. If a subsequent application for the same CE program is received by the Board from another applicant, the Board shall respond by providing either a copy of the Board's written notification of approval or denial of the initial application, or written notice of the status of the initial application.

(d) A program sponsor may seek prior approval for a CE Program or submit a program application after the CE program date. CE Program sessions shall not be advertised as "approved by the Board" until Board approval is granted. Prior to Board approval, published announcements shall state that "sessions have been submitted for approval."

(e) The Board will accept one program application for a series of CE Programs if:

(1) the initial program starting date is more than 30 days after the Board receives submission of the duly made application;

(2) identical content will be presented at each program on different dates or at different locations during the same calendar year; and

(3) all program dates and locations are listed on the application.

(f) The Board shall not accept a program application for a series of identical CE Programs submitted after the starting date of a program in the series pending approval. A separate program application is required for each program that has already occurred. Future program dates in the series may be combined on one application as set forth in Paragraph (e) of this Rule.

(g) A licensee shall submit to the Board a signed Report of Attendance with the program application when seeking Board approval for a program after the program date.

(h) The program sponsor shall submit to the Board a program application with a roster of licensees who attended a CE Program when seeking Board approval for a program after the program date.

(i) The deadline to submit a program application shall be the 10th day of January following the calendar year in which the program was offered.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22F .0205 CONTENT APPROVAL PROCESS

(a) The Board shall use the start date of a program to determine the CEU Accrual Period assigned to Board-approved CEU credit. The Board shall deny CEU credit for a program when the program application does not list the date and location of the program.

(b) In order for the Board to assign CEU credit, each program application received by the Board shall subdivide the CE Program into sessions classified according to the Topic Content Categories set forth in Rule .0203 of this Section. The Board shall evaluate sessions for approval using the following criteria:

(1) the content of a session;

(A) educational objectives clearly demonstrate relevance to the fitting and selling of hearing aids;

(B) presentation enhances a practitioner's knowledge of issues relating to the fitting and selling of hearing aids; and

(2) the length of each session and published breaks;

(A) no credit shall be offered for any session less than one full hour;

(B) for sessions lasting longer than one hour, 0.05 CEU credit shall be issued for each additional full half-hour increment (a session lasting one hour and 45 minutes shall be issued 0.15 CEU);

(C) any session lasting more than three hours shall include a published break, lasting at least 15 minutes, or the session shall be eligible for a maximum of 0.30 CEU credit;

(D) for every three hours of continuous presentation time (regardless of the number of sessions presented during that time interval), a published break must be provided in order for any additional program sessions to be eligible for CEU credit; and

(E) if a session is divided into parts, all such parts must pertain to the same Board topic content category. No single part may be of a duration of less than one hour. The session shall be clearly listed in the published program agenda as being divided into parts with attendance required at all parts in order to receive CEU credit. A session is considered to be divided into parts if there is a published break scheduled to interrupt the session during the CE Program; and

(3) the way in which attendance is monitored;

(A) the program provider shall have a program representative verify attendance at each session of a CE Program;

(B) a speaker or facilitator shall be present to actively interact with the participants and monitor attendance for sessions relying primarily on prerecorded (audio or video) materials or computer-generated presentations;

(C) there shall be an announced means for participants to ask questions during each session for all televised or telephone distance learning presentations; and

(D) the published program announcement shall state that a program representative will be present at each distance learning site to monitor attendance.

(c) The Board shall post the processing and approval status of an application on the Board website in addition to posting a CE Program Report of Attendance for each approved CE Program which shows the Board-approved CEU credit for each session of the program.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22f .0206 APPEALS AND CE PROGRAM modification

(a) Only the initial applicant shall possess the right to appeal the decision of the Board. The applicant's appeal shall include a written statement and any supplemental documentation to support the appeal. The appeal shall be submitted prior to the end of the CEU Accrual Period for the program. The Board shall review the appeal using Rule 21 NCAC 22F .0205 to determine program approval. The Board shall respond in writing to the applicant within 30 days. An applicant who is not satisfied with the Board decision after the appeal may request an administrative hearing in accordance with 21 NCAC 22L .0103.

(b) The program sponsor shall submit documentation to the Board within 30 days after the CE completion date regarding any modifications to a program approved by the Board, and shall notify program participants that approved CEU credit is subject to change due to modifications in the agenda.

(c) The program sponsor shall write all program modifications in the appropriate section on the Report of Attendance and sign the form in the area designated for CE Program modifications if any session of an approved CE program is modified after publication of the program announcement or after submission of the program application to the Board.

(d) The Board may modify its approval of sessions and the CEU credit allowed when a program is changed after receiving Board approval. The Board shall update the program status on the website to reflect CEU credit changes.

(e) The program applicant shall submit a new program application if:

(1) the Board approved a CE Program for multiple dates and the content or duration of the CE Program changes after one or more of the approved program dates have occurred. The remaining program dates shall constitute a new CE Program; or

(2) the program sponsor offers a pre-approved CE Program on additional dates. The additional date(s) shall constitute a new CE Program, unless the program sponsor notifies the Board within 20 days of the canceled CE Program's date that a different date has been substituted.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. September 1, 2013;

Amended Eff. December 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22F .0207 RECORDING CEU CREDIT

(a) A licensee shall have proof of attendance in order to record CEU credit with the Board:

(1) For pre-approved CE Programs, the program sponsor shall provide each licensee in attendance with the approved CE Program Report of Attendance. At the conclusion of each session, the program sponsor's representative or the session speaker shall sign the CE Program Report of Attendance of each licensee in attendance in the space provided for attendance verification. Alternatively, a program sponsor may initial or rubberstamp the space for session attendance verification after each session and then sign the bottom of each page of the Report of Attendance at the end of the program; or

(2) If the CE Program is not pre-approved, the licensee shall print a generic CE Program Report of Attendance from the Board website and take it to the program to complete the session titles as listed on the program sponsor’s agenda presented to participants on the day of the continuing education event. The licensee shall obtain the hand-written signature of the program sponsor's representative or the session speaker on the Report of Attendance at the end of each session.

(b) The program applicant shall submit a roster of licensees who attended a CE Program no later than 30 days following completion of a pre-approved CE Program:

(1) If the program applicant is recording CEU credit with the Board on behalf of licensees, the payment of the recording fee as set forth in Rule 21 NCAC 22A .0501 and an original Report of Attendance for each licensee shall accompany the submission of the roster; or

(2) If licensees are responsible for recording CEU credit with the Board, including paying the recording fee, the program applicant shall provide the original signed Report of Attendance form to each licensee at the end of the program, and shall submit only the roster.

(c) The Board shall accept the Board form entitled "Continuing Education Report of Program Attendance" for attendance verification when recording CEU credit. The Board shall reject certificates of attendance issued by any entity other than the Board as proof of attendance or as verification of CEU credit earned.

(d) A licensee shall record CE Program CEU credit with the Board by submitting all of the following:

(1) an electronic CEU Verification Report;

(2) an original Report of Attendance; and

(3) a recording fee for each CE Program as set forth in Rule 21 NCAC 22A .0501.

(e) A licensee shall record self-study CEU credit with the Board as set forth in Rule .0208 of this Section.

(f) The Board shall accept an electronic image of the Report of Attendance as the original Report of Attendance when submitted electronically in conjunction with a CEU Verification Report or a roster.

(g) A licensee shall record sufficient Board-approved CEU credit to satisfy the continuing education requirement for license renewal by the CEU reporting deadline, which is the 10th day of January immediately following the CEU Accrual Period.

(h) A licensee's failure to record sufficient CEU credit with the Board by the CEU reporting deadline shall be grounds for disciplinary action.

History Note: Authority G.S. 93D-3(c); 93D-11; 93D-13;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22F .0208 SELF-STUDY

(a) Self-study may be completed to satisfy all 10 hours of the continuing education requirement during each CEU Accrual Period.

(b) Each self-study event of one session and up to 10 sessions completed in the same CEU Accrual Period may be reported on one self-study Report of Attendance as a self-study program.

(1) an electronic CEU Verification Report;

(2) a completed self-study Report of Attendance;

(3) an official transcript listing the licensee's score of 80 percent or greater on an Internet-presented examination pertaining to the content of the self-study activity; and

(4) the recording fee as set forth in Rule 21 NCAC 22A .0501 for each self-study program.

(d) The Board shall accept electronic images of the self-study Report of Attendance and official transcripts when submitted electronically in conjunction with the CEU Verification Report.

History Note: Authority G.S. 93D-3(c); 93D-11;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018; January 1, 2017.

21 NCAC 22F .0209 CONTINUING EDUCATION RECORDS

(a) The Board shall maintain a cumulative record of the CEU credit recorded for each licensee during the three most recent CEU Accrual Periods.

(b) A summary of recorded CEU credits may be viewed on the Board website. A request for a full copy of a licensee's CEU record, including copies of the original forms submitted for the three most recent CEU Accrual Periods, is subject to the provisions of G.S. 132-6.

(c) The Board shall destroy all records of program applications and CEU credits reported to the Board no sooner than five years after such records are received by the Board.

History Note: Authority G.S. 93D-3(c); 93D-11; 93D-13;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

SECTION .0300 – APPRENTICESHIPS

21 NCAC 22F .0301 APPRENTICESHIP REQUIREMENTS

(a) Pursuant to G.S. 93D-5 and G.S. 93D-9, an individual who seeks licensure from the Board shall first complete one full year of apprenticeship, with exception of those applicants eligible for waiver pursuant to G.S. 93D-5(c) or applying for licensure pursuant to 21 NCAC 22F .0123.

(b) In order to complete the one full year of apprenticeship, the applicant shall:

(1) be sponsored by a Registered Sponsor; and

(2) register with the Board by submitting a complete apprentice registration electronic application. The application shall be considered complete upon submission and receipt of the following:

(A) F1 form;

(B) F1 affidavit;

(D) passport style photograph;

(E) background check; and

(F) the application for registration as an apprentice fee as set forth in 21 NCAC 22A .0501(1).

(c) The Board shall accept a digital image of a signed affidavit or other document required as part of an application as the original when submitted electronically in conjunction with the electronic application.

(d) The Board may require supplemental information for applications to determine the qualifications of each applicant for apprenticeship, as set forth in these Rules and in Chapter 93D of the General Statutes of North Carolina. The Board will require supplemental information on a case-by-case basis including issues raised on the applicant's criminal background check or discrepancies in the application. Supplemental information may include letters of recommendation, affidavits, official transcripts, and personal appearances before the Board.

(e) Once an apprentice registration application is complete and approved, the Board shall issue the applicant an initial apprentice registration certificate that allows him or her to perform duties within the scope of practice for a Hearing Aid Specialist under the Registered Sponsor's supervision. The Board shall post all active apprentice information on the Board's website, www.nchalb.org.

(f) An apprentice may elect to take any part of the licensing exam at any time during the apprenticeship by submitting an application for licensure and exam registration as set forth in 21 NCAC 22A .0503 prior to the registration deadline.

(g) An apprentice is under Personal supervision unless and until an apprentice takes and passes Parts A, B, and C of the Board's licensing exam, at which point the apprentice will be under General supervision.

History Note: Authority G.S. 93D-1.1; 93D-3(c); 93D-5; 93D-9;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0302 SPONSOR'S DUTIES

(a) The registered sponsor shall obtain a Registered Sponsor Certificate from the Board before accepting any apprentice. The Board shall issue a Registered Sponsor Certificate to a licensee of this Board who has held a permanent license for a minimum of two years prior to becoming a registered sponsor. The Certificate requires the registered sponsor to perform all the duties within the scope of the role of registered sponsor outlined in this Subchapter. The registered sponsor shall assist the apprentice in submitting all required applications and reports of the apprenticeship experience and shall act as a liaison between the Board and the apprentice.

(b) In accepting an apprentice, the registered sponsor shall be responsible for the conduct of the apprentice in his or her performance of his or her duties as an apprentice.

(c) The registered sponsor shall provide an apprentice personal supervision until receiving an Official Notice of Examination Results as provided in Rule .0107 of this Subchapter confirming that the apprentice passed Part A, Part B, and Part C of the licensing exam. Upon receipt the registered sponsor shall provide an apprentice general supervision for the remainder of the apprenticeship. A registered sponsor providing general supervision may incorporate direct or personal supervision at the discretion of the registered sponsor. General, direct, and personal supervision are defined in 21 NCAC 22A .0401.

(d) The registered sponsor shall provide the apprentice training in the following areas:

(1) anatomy, physiology, and pathology of the auditory mechanism;

(2) measurement techniques and test interpretation for assessment of hearing impairment and hearing handicap;

(3) hearing aid technology including instrument circuitry and acoustic performance data;

(4) design, selection, and modification of ear mold or shell coupling systems;

(5) hearing aid selection procedures and fitting, verification, and adjustment techniques;

(6) post-delivery care, including hearing aid orientation, counseling techniques, and hearing aid servicing;

(7) ethical conduct as set forth in 21 NCAC 22J and regulatory issues concerning the fitting and selling of hearing aids; and

(8) all areas within the scope of practice as defined in G.S. 93D-1.1.

(e) A registered sponsor may only supervise one apprentice under personal supervision and one apprentice under general supervision at any given time. Failure by a registered sponsor to properly train or supervise an apprentice shall be grounds for disciplinary action and revocation of the Registered Sponsor Certificate after notice and hearing as set forth in Subchapter 22L. If the Sponsorship Certificate is revoked by the Board, the licensee shall be no longer eligible to act as a registered sponsor until or unless the Board reinstates the Sponsorship Certificate.

History Note: Authority G.S. 93D-1.1; 93D-3(c); 93D-9; 93D-13;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2022.

21 NCAC 22F .0303 CERTIFICATE EXPIRATION AND RENEWAL

(a) The initial apprentice registration certificate, and any subsequently issued replacement certificates issued within the first year of apprenticeship, shall expire after the apprentice has held a valid certificate for a total of 365 days.

(b) Within 14 days after the expiration of the initial apprentice registration certification, in order to continue performing duties within the scope of practice for a Hearing Aid Specialist under a Registered Sponsor's supervision, the apprentice shall renew the apprentice registration certificate by submitting an application for licensure and exam registration as set forth in 21 NCAC 22A .0503(a)(2) to take the next scheduled licensing exam.

(c) Within 20 days after the date on the Official Notice of Examination Results, if an apprentice who renewed by following Paragraph (b) of this Rule failed to pass all parts of the Board's licensing exam, then in order to continue performing duties within the scope of practice for a Hearing Aid Specialist under a Registered Sponsor's supervision, the apprentice shall renew the apprentice registration certificate by doing the following:

(1) submitting a complete apprentice registration electronic application consisting of:

(A) F1 form;

(B) F1 affidavit;

(D) passport style photograph;

(E) background check; and

(F) the renewal of apprentice registration fee as set forth in 21 NCAC 22A .0501(2); and

(2) submitting an application for licensure and exam registration as set forth in 21 NCAC 22A .0503(a)(2) to take the next scheduled licensing exam.

(d) Any subsequent renewal of an apprentice registration certificate after Paragraph (b) or (c) of this Rule by an apprentice who failed to pass all parts of the Board's licensing exam shall be done by following Paragraph (c) of this Rule.

(e) An apprentice registration certificate obtained by renewal in accordance with Paragraph (b), (c), or (d) of this Rule shall expire 30 days after the date on the latest Official Notice of Examination Results for the apprentice.

(f) A sponsor who no longer wishes to supervise an apprentice shall submit written notice to the Board that the apprenticeship is being terminated at the current expiration date of the certificate.

History Note: Authority G.S. 93D-3(c); 93D-5; 93D-9;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. March 1, 2018.

21 NCAC 22F .0304 EARLY TERMINATION OF APPRENTICESHIP

(a) If the apprentice or registered sponsor terminates the apprenticeship for any reason, the apprentice certificate shall be invalid and the apprentice shall cease to perform duties within the scope of practice for a Hearing Aid Specialist until a valid certificate is issued by the Board.

(b) If the apprentice fails to work at least 27 hours per week for two consecutive weeks during the apprenticeship period, the registered sponsor shall terminate the apprenticeship and notify the Board as provided in Paragraph (c) of this Rule.

(1) the apprentice and registered sponsor shall return all copies of the apprentice certificate to the office of the Board;

(2) the registered sponsor shall notify the Board in writing of the termination of the apprenticeship; and

(3) the registered sponsor and apprentice shall submit a Report of Apprenticeship Experience in accordance with Rule .0305 of this Subchapter.

History Note: Authority G.S. 93D-1.1; 93D-3(c); 93D-5; 93D-9;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22f .0305 report of apprenticeship experience

(a) The Report of Apprenticeship Experience form shall be available on the Board's website (www.nchalb.org) to report supervised training and one full year of apprenticeship as defined in 21 NCAC 22A .0401 including:

(1) contact information for apprentice and registered sponsor;

(2) verification of training;

(3) verification of at least 27 hours of work per week; and

(4) a sworn statement of both the apprentice and sponsor that information submitted to the Board is true and accurate.

(b) The registered sponsor and the apprentice shall jointly submit a Report of Apprenticeship Experience no later than 14 days following the date that any of the following conditions exist:

(1) the apprentice held a valid apprentice registration certificate for 365 days;

(2) the apprentice or registered sponsor terminates the apprenticeship for any reason; or

(3) the Board issues a written request for the submission of a Report of Apprenticeship Experience to the registered sponsor or apprentice.

(c) If an apprentice or sponsor is not cooperative in completing the joint report, the other party shall submit a report with an explanation by the submission deadline.

(d) Failure to submit a Report of Apprenticeship Experience as required in this Rule shall be grounds for disciplinary action after proper notice and hearing.

History Note: Authority G.S. 93D-1.1; 93D-3; 93D-9; 93D-13;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

21 NCAC 22f .0306 APPRENTICE DISCIPLINE

(a) Apprentices shall comply with the Rules set forth in this Chapter, including the code of ethics as set forth in Subchapter 22J, and with the provisions set forth in Chapter 93D of the General Statutes of North Carolina.

(b) The Board shall refer all matters on noncompliance to the Committee on Investigations as set forth in Subchapter 22L. The Committee on Investigations shall determine whether sufficient grounds exist to:

(1) invalidate an apprentice registration certificate;

(2) deny future applications for issuance or renewal of an apprentice registration certificate; or

(3) deny, suspend or revoke a license or registration of the Registered Sponsor after proper notice and hearing.

History Note: Authority G.S. 93D-1.1; 93D-3; 93D-9; 93D-13;

Eff. April 1, 2014;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.