HOUSE 3rd Reading Unamended March 19, 2012 HOUSE Amended 2nd Reading March 16, 2012Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0280.01 Kate Meyer x4348 HOUSE BILL 12-1205 HOUSE SPONSORSHIP Fields, Labuda, Soper SENATE SPONSORSHIP Tochtrop, House Committees Senate Committees Local Government Appropriations A BILL FOR AN ACT Concerning the regulation of persons who engage in business related to persons with hearing impairments, and, in connection therewith, implementing the department of regulatory agencies' sunset review recommendations for audiologists and hearing aid providers, and, in connection therewith, making an appropriation. Bill Summary [Drafting note: This bill reorganizes existing provisions of statutory law for purposes of clarity. Section and subsection numbers and paragraph letters have changed, but no substantive amendments to the operative provisions have been made except where indicated by capitalized or stricken type. Where section and subsection numbers and paragraph letters have changed, the prior designations are indicated by bold, bracketed type.] (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Sunset Process - House Local Government Committee. The bill implements the recommendations made by the department of regulatory agencies (DORA) pursuant to DORA's 2011 sunset review report of the audiology and hearing aid provider licensure program (program). The program is administered by the director (director) of DORA's division of registrations. In order to implement DORA's third recommendation, which advocates reducing statutory redundancy by consolidating identical program laws under a "general provisions" heading, sections 2 and 3 of the bill reorganize the existing statutes related to the licensure of audiologists and hearing aid providers. This reorganization includes designating a new article number for the program so that it is grouped with other laws regulating health-related professions and occupations. Under the new "general provisions" segment, previously distinct grounds for discipline are combined so as to apply to both audiologists and hearing aid providers. Furthermore, the following are added as new grounds for discipline: Engaging in a deceptive trade practice; Committing abuse of health insurance; Aiding and abetting a violation of a law governing the program, or a rule promulgated or order issued by the director; and Failing to respond in an honest, materially responsive, and timely manner to a complaint letter sent by the director. Other specific substantive amendments to the laws governing the program include: Requiring audiologists to report malpractice judgments and settlements; Amending the laws relating to deceptive trade practices committed specifically by hearing aid providers, including expanding those laws to include all persons dispensing hearing aids; explicitly designating as a ground for discipline the commission of a deceptive trade practice; and granting the director specific authority to promulgate rules related to deceptive trade practices; Exempting federally employed dispensers who do not provide services to the general public; Authorizing audiologists to use certain titles under certain conditions; Eliminating the temporary audiologist and intermediate (associate) hearing aid provider license categories, which have been rendered obsolete; Broadening the universe of acceptable accrediting bodies; Harmonizing and clarifying definitions related to hearing aid provision and placing licensure qualification provisions under a more appropriate statutory section; Permitting the director to identify appropriate entry-level examinations for applicants for hearing aid provider licensure, specifying that trainee licenses expire after 2 years, and granting the director the authority to deny trainee licenses to applicants who have failed, or failed to take, the examination for licensure as a hearing aid provider; Qualifying for hearing aid provider licensure a candidate who either completes at least 6 months of training or acquires an associate's degree in hearing aid fitting and dispensing (in addition to passing an examination approved by the director); Allowing licensure as an audiologist or hearing aid provider by endorsement; Imposing a 2-year waiting period before a person who has had his or her license revoked, or who has surrendered his or her license in lieu of discipline, is eligible to apply for a new license; and Authorizing the director to delegate program duties to a division staff member. The bill also makes various grammatical and other nonsubstantive changes in order to modernize the program laws, including employing a "people first" approach when alluding to persons with hearing impairments, and sections 4 through 9 of the bill make conforming amendments. Section 3 continues the program through September 1, 2019. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Repeal of relocated and nonrelocated provisions in this act. In Colorado Revised Statutes, repeal article 5.5 of title 12; except that 12-5.5-102.5 and 12-5.5-301 (1) and (5) are not relocated. SECTION 2. In Colorado Revised Statutes, add with amended and relocated provisions article 32.5 to title 12 as follows: ARTICLE 32.5 Audiologists and Hearing Aid Providers PART 1 GENERAL PROVISIONS 12-32.5-101. Definitions. (1) As used in this article, unless the context otherwise requires: (1) (a) [Formerly 12-5.5-101 (1)] "Audiologist" means a person who meets the following requirements: engaged in the practice of audiology. (a) Has earned a doctoral degree in audiology from a program that is or, at the time the applicant was enrolled and graduated, was accredited by an accrediting agency recognized by the council for higher education accreditation or its successor or the United States department of education; (b) Has earned a master's degree with a major emphasis in audiology that was conferred before July 1, 2007, from a program of higher learning that is or, at the time the applicant was enrolled and graduated, was accredited by an accrediting agency recognized by the council for higher education or its successor or the United States department of education, and has obtained a certificate of competency in audiology from a nationally recognized certification agency; or (c) Has been licensed as a school audiologist by the Colorado department of education pursuant to section 22-60.5-210, C.R.S. (2) (b) [Formerly 12-5.5-301 (2)] "Cochlear implant" or "cochlear prosthesis" means an electrode or electrodes surgically implanted in the cochlea that are attached to an induction coil buried under the skin near the ear, and the associated unit which that is worn on the body. (2) (c) [Formerly 12-5.5-101 (2) and 12-5.5-201 (1)] "Director" means the director of registrations the division, or the director's designee under the division. (3) (d) [Formerly 12-5.5-301 (3)] "Dispense" means to transfer title, possession, or the right to use by lease, bailment, or any other method, but excludes transactions with distributors or dealers. (3) (e) [Formerly 12-5.5-101 (3) and 12-5.5-201 (2)] "Division" means the division of registrations in the department of regulatory agencies. (4) (f) [Formerly 12-5.5-301 (4)] "Hearing aid" means any a wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories thereto to the instrument or device, including ear molds but excluding batteries and cords; except that "hearing aid" does not include a cochlear implant or cochlear prosthesis. (3) (g) [Formerly 12-5.5-201 (3)] "Licensed "Hearing aid provider" means a person engaged in the practice of dispensing, fitting, or dealing in hearing aids. who has passed an examination conducted under the auspices of the national board for certification in hearing instrument sciences (NBC-HIS) or an equivalent examination as determined by the director; except that a licensed hearing aid provider who is engaged in the practice of dispensing, fitting, or dealing in hearing aids on or before July 1, 1995, shall demonstrate, not later than July 1, 1997, that he or she has passed such an examination. (3.5) (h) [Formerly 12-5.5-101 (3.5)] "Practice of audiology" means: (a) (I) The application of principles, methods, and procedures related to the development, disorders, and conditions of the human auditory-vestibular system, whether such those disorders or conditions are of organic or functional origin, including but not limited to, disorders of hearing, balance, tinnitus, auditory processing, and other neural functions, as those principles, methods, and procedures are taught in accredited programs in audiology. The principles, methods, or procedures include diagnosis, assessment, measurement, testing, appraisal, evaluation, rehabilitation, treatment, prevention, conservation, identification, consultation, counseling, intervention, management, interpretation, instruction, or research related to hearing, vestibular function, balance and fall prevention, and associated neural systems, or any abnormal condition related to tinnitus, auditory sensitivity, acuity, function or processing, speech, language, or other aberrant behavior resulting from hearing loss, for the purpose of diagnosing, designing, and implementing audiological management and treatment or other programs for the amelioration of such disorders and conditions. Management and treatment shall include but not be limited to, the activities described in subparagraph (II) of this paragraph (b) of this subsection (3.5) (h). (b) (II) Engaging in the practice of prescribing, selecting, specifying, evaluating, assisting in the adjustment to, and dispensing of prosthetic devices for hearing loss, including but not limited to, hearing aids and hearing assistive devices by means of specialized audiometric equipment or by any other means accepted by the director; (c) (III) Determining work-related hearing loss or impairment, as defined by federal regulations; (d) (IV) Consulting with, and making referrals to, a physician when appropriate. (6) (i) [Formerly 12-5.5-301 (6)] "Practice of dispensing, fitting, or dealing in hearing aids" means selling or negotiating to sell, directly or indirectly, a hearing aid. The term includes the selection and adaptation for the sale of hearing aids for sale to specific individuals and includes the testing of hearing for these purposes. The practice also includes the making of impressions for ear molds and counseling and instruction pertaining to the selection, fitting, adaptation, or sale of hearing aids. (7) (j) [Formerly 12-5.5-301 (7)] "Trial period" means the first thirty days a buyer has a hearing aid in the buyer's possession. Any such A trial period may be extended by mutual agreement of the buyer and the licensed hearing aid provider or audiologist who dispensed the hearing aid. (2) As used in this part 1, unless the context otherwise requires: (a) "Applicant" means a person applying for licensure under this article. (b) "Licensee" means a person who holds a current license as an audiologist, hearing aid provider, or hearing aid provider trainee issued by the division pursuant to this article. 12-32.5-102. [Formerly 12-5.5-101.5] Scope of article - exemption. (1) This article shall does not apply to persons who are: (a) Licensed pursuant to section 22-60.5-210, C.R.S., and who are not licensed under this article for work undertaken as part of their employment by, or contractual agreement with, the public schools; or (b) Engaged in the practice of audiology or the practice of dispensing, fitting, or dealing in hearing aids in the discharge of their official duties in the service of the United States armed forces, public health service, Coast Guard, or veterans administration. (2) Nothing in this part 1 shall be construed to authorize article authorizes an audiologist to engage in the practice of medicine as defined in section 12-36-106. 12-32.5-103. Licensure - certificate - expiration - renewal - reinstatement - fees. (1) (a) [Formerly 12-5.5-103 (1) and 12-5.5-203 (1)] The director shall license all applicants who meet the requirements for licensure of this part 1 article and shall provide each licensee with a certificate indicating that the person named in such the certificate is licensed in the state of Colorado as an audiologist or hearing aid provider, as appropriate. (b) [Formerly 12-5.5-203 (3)] The director shall issue or deny a hearing aid provider license within sixty days after the date of receipt of the application is received. (2) [Formerly 12-5.5-103 (2) and 12-5.5-203 (2)] Except as otherwise provided under section 12-32.5-304 (6), all licenses shall issued under this article expire pursuant to a schedule established by the director and shall must be renewed or reinstated pursuant to section 24-34-102 (8), C.R.S. The director may shall establish renewal fees and delinquency fees for reinstatement pursuant to section 24-34-105, C.R.S. If a person fails to renew his or her license pursuant to the schedule established by the director, of registrations, such the license shall expire. Any expires. A person whose license has expired shall be is subject to the penalties provided set forth in this article or in section 24-34-102 (8), C.R.S. (3) [Formerly 12-5.5-103 (3) and 12-5.5-203 (4)] All fees collected under this part 1 shall section must be deposited in accordance with section 12-5.5-104 12-32.5-105. 12-32.5-104. Licensure by endorsement - rules. (1) The director shall issue a license by endorsement to engage in the practice of audiology or in dispensing, fitting, or dealing in hearing aids in this state to an individual who possesses an active license in good standing to practice in that profession in another state or territory of the United States or in a foreign country if the applicant: (a) Presents proof satisfactory to the director that the individual possesses a valid license from another state or jurisdiction that requires qualifications substantially equivalent to the qualifications for licensure in this state and meets all other requirements for licensure pursuant to this article; and (b) Pays the licensure fee established under section 24-34-105, C.R.S. (2) The director shall specify by rule what constitutes substantially equivalent qualifications for the purposes of this section. 12-32.5-105. [Formerly 12-5.5-104 and 12-5.5-204] Disposition of fees - legislative intent. It is the intent of the general assembly that to fund all direct and indirect costs incurred in the implementation of this part 1 be funded by article with annual license and renewal fees. The director shall transmit all fees collected by the director shall be transmitted under this article to the state treasurer, who shall credit the same to the division of registrations cash fund created by section 24-34-105, C.R.S. 12-32.5-106. Disciplinary actions - grounds for discipline. (1) (a) [Formerly 12-5.5-105 (1) (a) and 12-5.5-205 (1) (a)] If, after investigation, notice, and the opportunity for hearing in accordance with article 4 of title 24, C.R.S., the director determines that an applicant, or licensee, or trainee has committed any of the acts specified in paragraph (b) of this subsection (1) (2) of this section, the director may: (I) (a) Impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; (II) (b) Issue a letter of admonition; (III) (c) Place a licensee on probation, which shall entail entails close supervision on such the terms and for such the period of time as that the director deems appropriate; (IV) (d) Deny, refuse to renew, revoke, or suspend the license of an applicant or licensee; or (V) (e) Issue a confidential letter of concern. (b) (2) [Formerly the introductory portions to 12-5.5-105 (1) (b) and 12-5.5-205 (1) (b)] The following acts shall constitute grounds for discipline: (I) (a) [Formerly 12-5.5-105 (1) (b) (I)] Using false or misleading advertising or Making a false or misleading statement or omission in an application for licensure; (VII) (b) [Formerly 12-5.5-105 (1) (b) (VII) and 12-5.5-205 (1) (b) (VI)] Failing to notify the director of a change in the information filed pursuant to section 12-5.5-102 section 12-32.5-202 or 12-32.5-302; (IV) (c) [Formerly 12-5.5-105 (1) (b) (IV)] Violation of Violating any provision of this part 1 article, including failure to comply with the license requirements of section 12-5.5-102; or section 12-32.5-202 or 12-32.5-303 or failure to make a report required under section 12-32.5-202 (5); (d) [Formerly 12-5.5-105 (1) (b) (IV)] Violation of Violating any rule promulgated by the director under this part 1 article; (e) Aiding or abetting a violation, or conspiring to violate, any provision of this article or any rule promulgated or order issued under this article by the director; (f) Engaging in a deceptive trade practice as described under section 12-32.5-401; (g) Using false or misleading advertising; (I) (h) [Formerly 12-5.5-205 (1) (b) (I)] Misrepresenting or concealing a material fact from a purchaser of a hearing device for the hearing impaired aid; (II) (i) [Formerly 12-5.5-205 (1) (b) (II)] Employing a device, scheme, or artifice with the intent to defraud a purchaser of a hearing device for the hearing impaired aid; (III) (j) [Formerly 12-5.5-205 (1) (b) (III)] Disposing of, concealing, diverting, converting, or otherwise failing to account for any funds or assets of a purchaser of a hearing device for the hearing impaired aid that is under the applicant's, licensee's, or trainee's control; of such person; (V) (k) [Formerly 12-5.5-205 (1) (b) (V)] Refusing to honor a buyer's request to cancel a contract for the purchase of a hearing device for the hearing impaired aid, if such the request was made during the rescission period set forth in section 12-5.5-302 (1) (e) 12-32.5-401 (1) (d); (V) (l) [Formerly 12-5.5-105 (1) (b) (V) and 12-5.5-205 (1) (b) (IV)] Violating the "Colorado Consumer Protection Act", article 1 of title 6, C.R.S.; (VIII) (m) [Formerly 12-5.5-105 (1) (b) (VIII) and 12-5.5-205 (1) (b) (IX)] Causing physical harm to a customer; (IX) (n) [Formerly 12-5.5-105 (1) (b) (IX) and 12-5.5-205 (1) (b) (X)] Failing to practice according to commonly accepted professional standards; (XI) (o) [Formerly 12-5.5-105 (1) (b) (XI)] Providing services beyond the licensee's scope of the educational preparation, experience, skills, or competence; of the licensee. (X) (p) [Formerly 12-5.5-105 (1) (b) (X) and 12-5.5-205 (1) (b) (XI)] Failing to adequately supervise a licensed hearing aid provider trainee; or associate; (VI) (q) [Formerly 12-5.5-105 (1) (b) (VI)] Employing a sales agent or employee who violates any provision of this part 1 article; (r) Committing abuse of health insurance pursuant to section 18-13-119, C.R.S.; (III) (s) [Formerly 12-5.5-105 (1) (b) (III) and 12-5.5-205 (1) (b) (VIII)] Failing to comply with a stipulation or agreement made with the director or with a final agency order; (t) Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to section 12-32.5-108; and (II) (u) [Formerly 12-5.5-105 (1) (b) (II) and 12-5.5-205 (1) (b) (VII) and (1) (b) (XII)] Conviction Being convicted of, or acceptance of accepting a plea of guilty or nolo contendere or receipt of a deferred sentence in any court to: (I) Any felony; or (II) A crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing. (c) (3) [Formerly 12-5.5-105 (1) (c) and 12-5.5-205 (1) (c)] When a complaint or an investigation discloses an instance of misconduct that, in the opinion of the director, warrants formal action, the complaint shall not be resolved by a deferred settlement, action, judgment, or prosecution. (4) A person whose license to practice under this article is revoked, or who surrenders his or her license to avoid discipline, is ineligible to apply for any new license under this article for two years after the date of revocation or surrender of his or her license. (2) (5) [Formerly 12-5.5-105 (2) and 12-5.5-205 (2)] Any disciplinary action taken with respect to an audiologist applicant or licensee by another state or local jurisdiction or the federal government shall be deemed constitutes prima facie evidence of grounds for disciplinary action, including denial of a license under this part 1 article; except that this subsection (2) shall apply (5) applies only to disciplinary actions that are substantially similar to those set out as grounds for disciplinary action under this part 1 article. (3) (6) [Formerly 12-5.5-105 (3) and 12-5.5-205 (3)] (a) When a complaint or investigation discloses an instance of misconduct that, in the opinion of the director, does not warrant formal action by the director but that should not be dismissed as being without merit, a letter of admonition may be issued and sent, by certified mail, to the licensee. (b) (I) When the director sends a letter of admonition is sent by the director, by certified mail, to a licensee such pursuant to paragraph (a) of this subsection (6), the director shall also advise the licensee shall be advised that he or she has the right to request in writing, within twenty days after receipt of the letter, that the director initiate formal disciplinary proceedings be initiated to adjudicate the propriety of the conduct upon which the letter of admonition is based. (c) (II) If the licensee makes the request for adjudication is timely made in a timely manner, the director shall deem the letter of admonition shall be deemed vacated and shall process the matter shall be processed by means of formal disciplinary proceedings. (4) (7) [Formerly 12-5.5-105 (4), 12-5.5-205 (4), and 12-5.5-303] All administrative fines collected pursuant to this section shall be transmitted to the state treasurer, who shall credit them to the general fund. 12-32.5-107. Director - powers - duties - rules. (1) [Formerly 12-5.5-106 (1) and 12-5.5-206 (1)] The director may make such investigations and inspections as are necessary to determine whether an applicant or licensee has violated this part 1 article or any rule adopted by the director. (2) [Formerly 12-5.5-106 (2) and 12-5.5-206 (2)] The director may apply to a court of competent jurisdiction for an order enjoining any act or practice which that constitutes a violation of this part 1, and, article. Upon a showing that a person is engaging in or intends to engage in any such the act or practice, the court shall grant an injunction, restraining order, or other appropriate order, shall be granted by the court regardless of the existence of another remedy. All proceedings related to such injunction or restraining order shall be orders are governed by the Colorado rules of civil procedure. (3) [Formerly 12-5.5-106 (3) and 12-5.5-206 (3)] (a) The director or an administrative law judge shall have has the power to administer oaths, take affirmations of witnesses, and issue subpoenas to compel the attendance of witnesses and the production of all relevant papers, books, records, documentary evidence, and materials in any hearing, investigation, accusation, or other matter coming before the director pursuant to this part 1 article. The director may appoint an administrative law judge pursuant to part 10 of article 30 of title 24, C.R.S., to take evidence and to make findings and report them to the director. (b) Upon failure of any witness to comply with such subpoena or process, the district court of the county in which the subpoenaed person or licensee resides or conducts business, upon application by the board or director with notice to the subpoenaed person or licensee, may issue to the person or licensee an order requiring that person or licensee to appear before the director; to produce the relevant papers, books, records, documentary evidence, or materials if so ordered; or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as a contempt of court. (4) [Formerly 12-5.5-106 (4)] The director shall determine the amount of malpractice coverage that must be obtained by an audiologist who provides services to patients. (5) (a) [Formerly 12-5.5-106 (5) and 12-5.5-206 (4)] No later than October 1, 2012, the director shall adopt all rules necessary for the enforcement or administration of this part 2 article, including: but not limited to, rules that require: (a) Written disclosures to purchasers, as may be needed to protect such purchasers; and (b) (I) A requirement that supervising licensees or licensees designated by such the licensees' employers maintain for at least seven years records identifying customers by name; the goods or services, except batteries and minor accessories, provided to each customer; and the date and price of each transaction; and (II) Rules necessary to enforce part 4 of this article. (b) All rules adopted under this article shall be consistent with all applicable federal laws and regulations, including rules promulgated by the United States food and drug administration. (5) (6) [Formerly 12-5.5-206 (5)] The director may require licensed hearing aid providers licensees to make disclosures to purchasers in their written contracts of sale, or in separate written documents, if the director finds that such the disclosures are necessary for the protection of purchasers. 12-32.5-108. [Formerly 12-5.5-107 and 12-5.5-205.5] Cease-and-desist orders - unauthorized practice - penalties. (1) (a) If it appears to the director, based upon credible evidence as presented in a written complaint by any person, that a licensee is acting in a manner that is an imminent threat to the health and safety of the public or a person is acting or has acted without the required license, the director may issue an order to cease and desist such the activity. The order shall must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, and the requirement that all unlawful acts or unlicensed practices immediately cease. (b) Within ten days after service of the order to cease and desist pursuant to paragraph (a) of this subsection (1), the respondent may request a hearing on the question of whether acts or practices in violation of this part 1 have occurred. Such The hearing shall be conducted pursuant to sections 24-4-104 and 24-4-105, C.R.S. (2) (a) If it appears to the director, based upon credible evidence as presented in a written complaint by any person, that a person has violated any other portion of this part 1 article, then, in addition to any specific powers granted pursuant to this part 1 article, the director may issue to such the person an order to show cause as to why the director should not issue a final order directing such the person to cease and desist from the unlawful act or unlicensed practice. (b) The director shall promptly notify a person against whom an order to show cause has been issued pursuant to paragraph (a) of this subsection (2) shall be promptly notified by the director of the issuance of the order, along with a copy of the order, the factual and legal basis for the order, and the date set by the director for a hearing on the order. Such The notice may be served by personal service, by first-class United States mail, postage prepaid, or as may be practicable upon any person against whom such the order is issued. Personal service or mailing of an order or document pursuant to this subsection (2) shall constitute constitutes notice thereof to the person of the existence and contents of the order or document. (c) (I) The hearing on an order to show cause shall must be commenced no sooner than ten, and no later than forty-five, calendar days after the date of transmission or service of the notification by the director as provided in paragraph (b) of this subsection (2). The hearing may be continued by agreement of all parties based upon the complexity of the matter, number of parties to the matter, and legal issues presented in the matter, but in no event shall may the hearing commence later than sixty calendar days after the date of transmission or service of the notification. (II) If a person against whom an order to show cause has been issued pursuant to paragraph (a) of this subsection (2) does not appear at the hearing, the director may present evidence that notification was properly sent or served upon such the person pursuant to paragraph (b) of this subsection (2) and such any other evidence related to the matter as the director deems appropriate. The director shall issue the order within ten days after the director's determination related to reasonable attempts to notify the respondent, and the order shall become becomes final as to that person by operation of law. Such The conduct of the hearing shall be conducted pursuant to is governed by sections 24-4-104 and 24-4-105, C.R.S. (III) If the director reasonably finds that the person against whom the order to show cause was issued is acting or has acted without the required license or has or is about to engage in acts or practices constituting violations of this part 1 article, a final cease-and-desist order may be issued directing such the person to cease and desist from further unlawful acts or unlicensed practices. (IV) The director shall provide notice, in the manner set forth in paragraph (b) of this subsection (2), of the final cease-and-desist order within ten calendar days after the hearing conducted pursuant to this paragraph (c) to each person against whom the final order has been issued. The final order issued pursuant to subparagraph (III) of this paragraph (c) shall be is effective when issued and shall be constitutes a final order for purposes of judicial review. (3) If it appears to the director, based upon credible evidence presented to the director, that a person has engaged in or is about to engage in any unlicensed act or practice, any act or practice constituting a violation of this part 1 article, any rule promulgated pursuant to this part 1 article, any order issued pursuant to this part 1 article, or any act or practice constituting grounds for administrative sanction pursuant to this part 1 article, the director may enter into a stipulation with such the person. (4) If any person fails to comply with a final cease-and-desist order or a stipulation, the director may request the attorney general or the district attorney for the judicial district in which the alleged violation exists to bring, and if so requested such the attorney shall bring, suit for a temporary restraining order and for injunctive relief to prevent any further or continued violation of the final order. (5) A person aggrieved by the final cease-and-desist order may seek judicial review of the director's determination or of the director's final order in a court of competent jurisdiction. (6) Any A person who practices or offers or attempts to practice audiology services without an active audiologist license or who engages in the practice of dispensing, fitting, or dealing in hearing aids without an active hearing aid provider license issued under this article commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501, C.R.S., for the first offense, and, for the second or any subsequent offense, the person commits a class 6 felony and shall be punished as provided in section 18-1.3-401, C.R.S. 12-32.5-109. [Formerly 12-5.5-108 and 12-5.5-206.5] Immunity. The director, the director's staff, any person acting as a witness or consultant to the director, any witness testifying in a proceeding authorized under this part 1 article, and any person who lodges a complaint pursuant to this part 1 shall be article is immune from liability in any civil action brought against him or her for acts occurring while acting in his or her capacity as director, staff, consultant, or witness, respectively, if such the individual was acting in good faith within the scope of his or her respective capacity, made a reasonable effort to obtain the facts of the matter as to which he or she acted, and acted in the reasonable belief that the action taken by him or her was warranted by the facts. Any person participating in good faith in lodging a complaint or participating in any investigative or administrative proceeding pursuant to this part 1 shall be article is immune from any civil or criminal liability that may result from such that participation. 12-32.5-110. [Formerly 12-5.5-207] Repeal of article. (1) This article is repealed, effective July 1, 2012 September 1, 2019. (2) Prior to such this repeal, the department of regulatory agencies shall review the licensing and supervisory functions of the director shall be reviewed as provided in section 24-34-104, C.R.S. PART 2 AUDIOLOGISTS - SPECIFIC PROVISIONS 12-32.5-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Applicant" means a person applying to the division for licensure as an audiologist under this article. (3.3) (2) [Formerly 12-5.5-101 (3.3)] "Licensee" means an audiologist a person who holds a current license as an audiologist from the division. of registrations pursuant to this part 1. 12-32.5-202. [Formerly 12-5.5-102] License required - application - fee - bond - disclosure - exemption. (1) (a) An audiologist shall be licensed with obtain a license from the division of registrations before performing engaging in the practice of audiology services in this state. (b) The audiologist shall be given director shall give each licensee a license bearing a unique license number. The audiologist licensee shall include the license number on all written contracts and receipts, as required pursuant to section 12-5.5-302 (1) (e) (III) (B) section 12-32.5-401 (1) (d) (III) (B). (2) To qualify for licensure as an audiologist under this section, a person must have: (a) Earned a doctoral degree in audiology from a program that is or, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or postsecondary education accredited by a national, regional, or state agency recognized by the United States department of education, or another program approved by the director; or (b) (I) Earned a master's degree from a program with a major emphasis in audiology that was conferred before July 1, 2007, from a program of higher learning that is or, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or postsecondary education accredited by a national, regional, or state agency recognized by the United States department of education, or another program approved by the director; and (II) Obtained a certificate of competency in audiology from a nationally recognized certification agency. (2) (3) An audiologist desiring to be licensed pursuant to this section article shall submit to the director an application containing the information described in subsection (3) (4) of this section and shall must pay a fee to be to the director all required fees in the amounts determined and collected by the director pursuant to section 24-34-105, C.R.S. The director may deny an application for a license if the required information is and fees are not submitted. If Failure by an applicant or licensee does not to notify the director of a change in the submitted information within thirty days after such the change such failure shall be is cause for disciplinary action. (3) (4) The following information shall must be included in every application for a license as an audiologist under this section article: (a) The audiologist's name, business address, and business telephone number; (b) A listing of the audiologist's education, experience, and degrees or credentials, including all degrees or credentials awarded to such the audiologist that are related to the practice of audiology; (c) A statement indicating whether any license, certificate, or registration in audiology was issued to the audiologist by a local, state, or national health care agency, whether any such license, certificate, or registration was suspended or revoked, whether charges or complaints are pending against such any license, certificate, or registration, and whether disciplinary action was taken; (d) The length of time and the locations where the applicant has been engaged in the practice of audiology; and (e) If the audiologist will provide services to patients, proof of having that the audiologist has obtained malpractice coverage in an amount determined as appropriate by the director. (5) (a) An applicant or licensee shall report to the director every judgment or settlement or other disposition of any judgment or action against the licensee involving malpractice or improper practice of audiology, whether occurring in Colorado or in any other jurisdiction. (b) (I) An applicant or licensee shall make the report required under this subsection (5) within thirty days after the date of execution of the settlement agreement or the date of entry of final judgment, as the case may be. (II) A licensee who was licensed as of the effective date of this paragraph (b) shall report a malpractice settlement agreement or judgment dated within thirty days after the effective date of this paragraph (b). (c) In any report made under this subsection (5), the applicant or licensee shall include the name of the court, the case number, and the names of all parties to the action. (4) (6) A student enrolled in a course of study at an accredited institution and practicing audiology under the supervision of a licensed audiologist shall be is exempt from the requirements of this section. 12-32.5-203. [Formerly 12-5.5-101.6] Title protection - use of title. (1) It shall be is unlawful for any person to use the following titles unless he or she is licensed pursuant to section 12-5.5-102 12-32.5-202: "Audiologist", "hearing and balance audiologist", "vestibular audiologist", or any other title or abbreviation that implies that such the person is an audiologist. (2) A licensee who has a doctorate degree in audiology is entitled to use the title "Doctor" or "Dr." when accompanied by the words "Audiologist" or "Audiology" or the letters "Au.D.", "Ph.d.", "Sc.d.", or any other appropriate degree designation, and to use the title "Doctor of Audiology". PART 3 HEARING AID PROVIDERS - SPECIFIC PROVISIONS 12-32.5-301. [Formerly 12-5.5-201] Definitions. As used in this part 2 part 3, unless the context otherwise requires: (1) "Applicant" means a person applying to the division for licensure as a hearing aid provider under this part 3. (1) "Director" means the director of registrations. (2) "Division" means the division of registrations in the department of regulatory agencies. (3) "Licensed hearing aid provider" means a person engaged in the practice of dispensing, fitting, or dealing in hearing aids, who has passed an examination conducted under the auspices of the national board for certification in hearing instrument sciences (NBC-HIS) or an equivalent examination as determined by the director; except that a licensed hearing aid provider who is engaged in the practice of dispensing, fitting, or dealing in hearing aids on or before July 1, 1995, shall demonstrate, not later than July 1, 1997, that he or she has passed such an examination. (4) (2) "Licensee" means a licensed hearing aid provider who holds a current license from the division of registrations pursuant to this part 2 article. 12-32.5-302. [Formerly 12-5.5-201.5] Title protection. It shall be is unlawful for any person to use the title "hearing aid provider" or "hearing aid dispenser" unless he or she is licensed as a hearing aid provider pursuant to this part 2 article. 12-32.5-303. [Formerly 12-5.5-202] License required - application - bond. (1) A hearing aid provider shall be licensed obtain a license pursuant to this part 2 section before selling or negotiating to sell, directly or indirectly, any hearing device for the hearing impaired engaging in the practice of dispensing, fitting, or dealing in hearing aids unless such the provider holds a current license as an audiologist pursuant to part 1 part 2 of this article. Upon licensing, the licensed hearing aid provider shall be given division shall give a licensee a license bearing a unique license number. The licensed hearing aid provider shall include the license number on all written contracts and receipts, as required pursuant to section 12-5.5-302 (1) (e) (III) (B). A licensed hearing aid provider who is also an audiologist and is licensed only under part 1 of this article shall include the license number issued pursuant to such part 1 on all written contracts and receipts 12-32.5-401 (1) (d) (III) (B). (2) (a) A hearing aid provider desiring to be licensed pursuant to this section shall submit to the director an application containing the information described in this subsection (2) and shall pay a fee to be determined and collected pursuant to section 24-34-105, C.R.S. The director may deny an application for licensure if the required information is not submitted or if an applicant's trainee license, issued pursuant to section 12-5.5-202.5 12-32.5-304, has been revoked. If an applicant or licensee does not notify the director of a change in the submitted information within thirty days after such change, such that failure shall be is cause for disciplinary action. (b) An applicant shall include the following information shall be included in every application for licensure under this section: (I) The name, business address, and business telephone number of the hearing aid provider; (II) The location of each office from which sales of hearing devices for the hearing impaired are intended to be made; (III) Proof of having obtained a surety bond or an alternative, as authorized in section 11-35-101, C.R.S., in an amount not to exceed ten thousand dollars. Such The surety bond shall must require the surety to provide notice to the director within thirty days after receipt of a claim or payment made from such the surety bond or if the bond is cancelled for any reason. (IV) A statement indicating whether any hearing aid provider license, certificate, or registration was issued to the hearing aid provider applicant by a local, state, or national health care agency; whether any such the license, certificate, or registration was suspended or revoked; whether charges or complaints are pending against such the license, certificate, or registration; and whether disciplinary action was taken. (3) In order to qualify for licensure under this section, a person must pass an appropriate entry-level examination, as determined by the director, and either: (a) Complete at least six months of training with an audiologist or licensed hearing aid provider, pursuant to section 12-32.5-304; or (b) Have an associate's degree in hearing aid fitting and dispensing that, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or a postsecondary education program accredited by a national, regional, or state agency recognized by the United States department of education, or a program approved by the director. 12-32.5-304. [Formerly 12-5.5-202.5] Trainee license - expiration - rules. (1) A person training to be a licensed hearing aid provider shall submit to the director an application containing the information described in subsection (2) of this section and shall pay a trainee or associate license fee to be determined and collected pursuant to section 24-34-105, C.R.S. (2) The director shall issue a trainee license to any applicant person who provides the following to the director's satisfaction: (a) The information required in section 12-5.5-202 (2) (b) (I) and (2) (b) (IV) 12-32.5-303 (2) (b) (I) and (2) (b) (IV); and (b) Verification of training to become a licensed hearing aid provider, which training is under the direct and personal supervision of an a licensed audiologist or a licensed hearing aid provider whose license is in good standing. For the purposes of this section, "audiologist" has the same meaning as set forth in section 12-5.5-101 (1). (3) During the training period: (a) A trainee or associate shall not is not permitted to sell hearing aids independently of the supervising licensed hearing aid provider or audiologist; (b) A trainee shall inform all consumers of his or her status as a trainee; and (c) A supervising registered licensed hearing aid provider or licensed audiologist shall retain retains ultimate responsibility for the care provided by the trainee or associate and shall will be subject to disciplinary action by the director for failure to provide adequate supervision. (4) The director shall promulgate all rules necessary for the enforcement and administration of this section, including rules that (a) Establish the time period during which a trainee license issued under this section shall be valid; (b) specify the components of the training required to be completed by trainees. and associates. (5) Any person issued a trainee license including an associate, under this section is subject to the disciplinary provisions of section 12-5.5-205 12-32.5-106. (6) A trainee license issued under this section expires two years after the date of issuance and is not renewable. (7) The director may deny an application for a second or any subsequent trainee license to a person who fails to take, or does not pass, an examination for licensure as a hearing aid provider described under section 12-32.5-303 (3). (8) An associate license issued under former section 12-5.5-202.5, as it existed prior to passage of House Bill 12-1205, enacted in 2012, remains valid until it expires. The director shall not renew, or issue new, associate licenses. 12-32.5-305. [Formerly 12-5.5-206.7] Application of part. The provisions of This part 2 shall part 3 does not apply to the dispensing of hearing aids outside of this state, except as provided in section 12-5.5-205 (2) 12-32.5-106 (5). PART 4 DECEPTIVE TRADE PRACTICES 12-32.5-401. [Formerly 12-5.5-302] Deceptive trade practices. (1) In addition to any other deceptive trade practices under section 6-1-105, C.R.S., or this part 3, a licensed hearing aid provider or with respect to only paragraph (a) of this subsection (1), an audiologist engages in a deceptive trade practice when such the hearing aid provider or audiologist: (a) Fails to deliver to each person supplied with a hearing aid a receipt that: (I) Bears the business address of the hearing aid provider or audiologist together with specifications as to the make and serial number of the hearing aid furnished and the full terms of the sale clearly stated. If a hearing aid that is not new is sold, the its container thereof and the receipt shall must be clearly marked as "used" or "reconditioned", whichever is applicable, within the terms of the guarantee, if any. (II) Bears, in no smaller type than the largest used in the body of the receipt, in substance, a provision that the purchaser has been advised at the outset of the purchaser's relationship with the hearing aid provider or audiologist that any examination or representation made by a hearing aid provider or audiologist in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice; (III) Bears, in no smaller type than the largest used in the body of the receipt, a provision indicating that hearing aid providers and audiologists are regulated by the division of registrations within the department of regulatory agencies; (IV) Bears a provision labeled "warranty" in which the exact warranty terms and periods available from the manufacturer are documented, or includes an original or photocopy of the original manufacturer's warranty with the receipt; (b) Sells a hearing aid to a child under eighteen years of age without receiving documentation that the child has been examined by a licensed physician and an audiologist within six months prior to the fitting; (c) (b) (I) Fails to receive from a licensed physician, prior to before dispensing, fitting, or dealing in a hearing aid to any person, a written prescription or recommendation that specifies that the person is in fact in need of a hearing aid; except that any person eighteen years of age or older who objects to medical evaluation on the basis of religious or personal beliefs may waive the requirement by delivering to the registered hearing aid provider or audiologist a written waiver; (II) Sells, provides, dispenses, adjusts, provides training or teaching in regard to, or otherwise services cochlear implants unless such licensed the hearing aid provider is an audiologist or a physician; (d) (c) Fails to recommend in writing prior to fitting or dispensing a hearing aid that the best interests of the prospective user would be served by consulting a licensed physician specializing in diseases of the ear, or any licensed physician, if any of the following conditions exists: (I) Visible congenital or traumatic deformity of the ear; (II) History of or active drainage of the ear within the previous ninety days; (III) History of sudden or rapidly progressive hearing loss; (IV) Acute or chronic dizziness; (V) Unilateral hearing loss of sudden onset within the previous ninety days; (VI) Audiometric air-bone gap equal to or greater than fifteen decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz; (VII) Visible evidence of significant cerumen accumulation on or a foreign body in the ear canal; (VIII) Pain or discomfort in the ear; (e) (d) Fails to provide a thirty-day rescission period with the following terms: (I) The buyer shall have the right to cancel the purchase for any reason before the expiration of the rescission period by giving or mailing written notice of cancellation to the seller and presenting the hearing aid to the dealer, unless the hearing aid has been lost or significantly damaged beyond repair while in the buyer's possession and control. The thirty-day rescission period shall be tolled for any period during which a licensed an audiologist or hearing aid provider takes possession or control of a hearing aid after its original delivery. (II) The buyer, upon cancellation, is entitled to receive a full refund of any payment made for the hearing aid within thirty days after return of the hearing aid to the seller, unless the hearing aid was significantly damaged beyond repair while the hearing aid was in the buyer's possession and control; except that, if the hearing aid is returned for any reason other than a defect in such the hearing aid, the seller may retain an itemized amount to cover the minimum costs of materials used by the licensed hearing aid provider or audiologist and a manufacturer's return fee, but such the amount may not be greater than five percent of the total charge for the hearing aid. (III) (A) The seller shall provide a written receipt or contract to the buyer that includes, in immediate proximity to the space reserved for the signature of the buyer, the following specific statement in all capital letters of no less than ten-point, bold-faced type: THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 12 MIDNIGHT OF on THE 30TH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID BY GIVING OR MAILING THE SELLER WRITTEN NOTICE OF CANCELLATION AND BY RETURNING THE HEARING AID, UNLESS THE HEARING AID HAS BEEN SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE THE HEARING AID WAS IN THE BUYER'S CONTROL. BY LAW, THE SELLER IS ALLOWED TO RETAIN AN ITEMIZED AMOUNT, NOT TO EXCEED FIVE PERCENT OF THE TOTAL CHARGE FOR THE HEARING AID, TO COVER THE COSTS OF A MANUFACTURER'S RETURN FEE AND THE MINIMUM COSTS OF MATERIALS USED BY THE REGISTERED HEARING AID PROVIDER or audiologist, UNLESS THE HEARING AID IS RETURNED BECAUSE IT IS DEFECTIVE. (B) The written contract or receipt provided to the buyer shall also contain a statement, in print size no smaller than ten-point type, that the sale is void and unenforceable if the hearing aid being purchased is not delivered to the consumer within thirty days after the date the written contract is signed or the receipt is issued, whichever occurs later. The written contract or receipt shall also include the licensed hearing aid provider's or audiologist's license number and a statement that the licensed hearing aid provider or audiologist shall promptly refund all moneys paid for the purchase of a hearing aid if it is not delivered to the consumer within such the thirty-day period. Such This statement is not subject to waiver may not be waived by the buyer. (IV) A refund request form shall must be attached to each receipt and shall contain the information in subparagraph (I) of paragraph (a) of this subsection (1) and the statement, in all capital letters of no less than ten-point, bold-faced type: "Refund request - this form must be postmarked by _________ (Date to be filled in). No refund will be given until the hearing aid or hearing aids are returned to the seller." A space for the buyer's address, telephone number, and signature shall must be provided. The buyer shall only be is required only to sign, list the buyer's current address and telephone number, and mail the refund request form to the seller. If the hearing aid is sold in the buyer's home, at the buyer's option, the seller shall be is responsible for arranging the return of the hearing aid. (f) (e) Represents that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the terms "doctor", "clinic", "state-licensed clinic", "state-registered", "state-certified", or "state-approved" or any other term, abbreviation, or symbol when it would falsely give the impression that service is being provided by persons trained in medicine or that the hearing aid dealer's service has been recommended by the state when such that is not the case; or when that would be false or misleading; (g) (f) Directly or indirectly gives or offers to give or permits or causes to be given money or anything of value to any person who advises another in a professional capacity as an inducement to influence such the person or have such the person influence others to purchase or contract to purchase products sold or offered for sale by an audiologist or a licensed hearing aid provider or influences persons to refrain from dealing in the products of competitors; (h) (g) Dispenses a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of hearing aids, except in cases of selling replacement hearing aids within one year after the date of the original purchase; (i) (h) Makes a false or misleading statement of fact concerning goods or services or the buyer's right to cancel with the intention or effect of deterring or preventing the buyer from exercising the buyer's right to cancel; (j) (i) Charges, collects, or recovers any cost or fee for any good or service that has been represented by the licensed hearing aid provider as free. (2) A hearing aid provider engages in a deceptive trade practice when the provider sells a hearing aid to a child under eighteen years of age without receiving documentation that the child has been examined by a licensed physician and an audiologist within six months prior to the fitting. 12-32.5-402. [Formerly 12-5.5-304] Application of part. (1) This part 4 applies to any audiologist or hearing aid provider who dispenses hearing aids in this state. (2) The provisions of This part 3 shall part 4 does not apply to the dispensing of hearing aids outside of this state so long as the transaction is either in conformance with conforms to this part 3 part 4 or in conformance with to the applicable laws and rules of the jurisdiction in which the transaction takes place. SECTION 3. In Colorado Revised Statutes, 24-34-104, amend (43) introductory portion and (50.5) introductory portion; repeal (43) (c); and add (50.5) (e) as follows: 24-34-104. General assembly review of regulatory agencies and functions for termination, continuation, or reestablishment. (43) The following agencies, functions, or both, shall terminate on July 1, 2012: (c) The licensing of audiologists and hearing aid providers by the division of registrations, pursuant to article 5.5 of title 12, C.R.S.; (50.5) The following agencies, functions, or both, shall terminate on September 1, 2019: (e) The licensing of audiologists and hearing aid providers by the division of registrations, pursuant to article 32.5 of title 12, C.R.S. SECTION 4. In Colorado Revised Statutes, 6-1-105, amend (1) (yy) as follows: 6-1-105. Deceptive trade practices. (1) A person engages in a deceptive trade practice when, in the course of such person's business, vocation, or occupation, such person: (yy) Violates any provision of part 3 of article 5.5 part 4 of article 32.5 of title 12, C.R.S.; SECTION 5. In Colorado Revised Statutes, amend 6-1-114 as follows: 6-1-114. Criminal penalties. Upon a first conviction, any person who promotes a pyramid promotional scheme in this state or who violates any provision of part 3 part 4 of article 5.5 32.5 of title 12, C.R.S., or section 6-1-717 is guilty of a class 1 misdemeanor, as defined in section 18-1.3-501, C.R.S., and, upon a second or subsequent conviction of part 3 part 4 of article 5.5 32.5 of title 12, C.R.S., is guilty of a class 6 felony, as defined in section 18-1.3-401, C.R.S. SECTION 6. In Colorado Revised Statutes, 6-1-501, amend (7) (a) as follows: 6-1-501. Definitions. As used in this part 5, unless the context otherwise requires: (7) "Facilitative device" means a device that has a retail price equal to or greater than one hundred dollars and that is exclusively designed and manufactured to assist a person with a disability with such person's specific disability, through the use of facilitative technology, to be self-sufficient or to maintain or improve that person's quality of life. "Facilitative device" does not include wheelchairs as that term is defined in section 6-1-402 (17). "Facilitative device" does include the following: (a) Telephone communication devices for the hearing impaired and other facilitative listening devices, except for hearing aids as defined in section 12-5.5-301 (4) 12-32.5-101 (1) (f), C.R.S., and cochlear implants as defined in section 12-5.5-301 (2) 12-32.5-101 (1) (b), C.R.S.; SECTION 7. In Colorado Revised Statutes, 10-16-104, amend (19) (b) introductory portion as follows: 10-16-104. Mandatory coverage provisions - definitions. (19) Hearing aids for children - legislative declaration. (b) Any health benefit plan that provides hospital, surgical, or medical expense insurance, except supplemental policies covering a specified disease or other limited benefit, shall provide coverage for hearing aids for minor children who have a hearing loss that has been verified by a physician licensed pursuant to article 36 of title 12, C.R.S., and by an audiologist licensed pursuant to section 12-5.5-102 12-32.5-202 C.R.S. The hearing aids shall must be medically appropriate to meet the needs of the child according to accepted professional standards. Coverage shall include includes the purchase of the following: SECTION 8. In Colorado Revised Statutes, 11-35-101, amend (1) as follows: 11-35-101. Alternatives to surety bonds permitted - requirements. (1) The requirement of a surety bond as a condition to licensure or authority to conduct business or perform duties in this state provided in sections 12-5.5-202 12-32.5-303 (2) (b), 12-6-111, 12-6-112, 12-6-112.2, 12-6-512, 12-6-513, 12-14-124 (1), 12-59-115 (1), 12-60-509 (2.5) (b), 12-61-907, 33-4-101 (1), 33-12-104 (1), 35-55-104 (1), 37-91-107 (2) and (3), 38-29-119 (2), 39-21-105 (4), 39-27-104 (2) (a), (2) (b), (2) (c), (2) (d), (2) (e), (2.1) (a), (2.1) (b), (2.1) (c), (2.5) (a), and (2.5) (b), 39-28-105 (1), 42-6-115 (3), and 42-7-301 (6), C.R.S., may be satisfied by a savings account or deposit in or a certificate of deposit issued by a state or national bank doing business in this state or by a savings account or deposit in or a certificate of deposit issued by a state or federal savings and loan association doing business in this state. Such The savings account, deposit, or certificate of deposit shall be in the amount specified by statute, if any, and shall be assigned to the appropriate state agency for the use of the people of the state of Colorado. The aggregate liability of the bank or savings and loan association shall in no event exceed the amount of the deposit. For the purposes of the sections referred to in this section, "bond" includes the savings account, deposit, or certificate of deposit authorized by this section. SECTION 9. In Colorado Revised Statutes, 24-34-110, amend (3) (a) (I) and (3) (a) (II) as follows: 24-34-110. Medical transparency act of 2010 - disclosure of information about health care licensees - fines - rules - short title - legislative declaration. (3) (a) As used in this section, "applicant" means a person applying for a new, active license, certification, or registration or to renew, reinstate, or reactivate an active license, certification, or registration to practice: (I) Audiology pursuant to part 1 of article 5.5 article 32.5 of title 12, C.R.S.; (II) As a licensed hearing aid provider pursuant to part 2 of article 5.5 article 32.5 of title 12, C.R.S.; SECTION 10. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the division of registrations cash fund created in section 24-34-105 (2) (b) (I), Colorado Revised Statutes, not otherwise appropriated, to the department of regulatory agencies, for the fiscal year beginning July 1, 2012, the sum of $15,571, or so much thereof as may be necessary, to be allocated for the implementation of this act as follows: (a) $2,000 for temporary paralegal services for the division of registrations; (b) $6,000 for licensing examination evaluation and proctors for the division of registrations; and (c) $7,571 for the purchase of legal services. (2) In addition to any other appropriation, there is hereby appropriated to the department of law, for the fiscal year beginning July 1, 2012, the sum of $7,571, or so much thereof as may be necessary, for the provision of legal services for the department of regulatory agencies related to the implementation of this act. Said sum is from reappropriated funds received from the department of regulatory agencies out of the appropriation made in subsection (1) of this section. SECTION 11. Effective date. This act takes effect July 1, 2012. SECTION 12. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.