ARTICLE 8. Hearing Aid Dispensers

Article 8 added by Stats. 2011, Ch. 449, Sec. 9.

§§ 2538.10–2538.57 · 47 sections

§ 2538.10 For the purposes of this article, the following definitions shall apply: (a) “Advertise” and its variants include the use of a newspaper, magazine, or other…
§ 2538.11 (a) “Practice of fitting or selling hearing aids,” as used in this article, means those practices used for the purpose of selection and adaptation of hearing…
§ 2538.12 A licensee may conduct hearing screenings at a health fair or similar event by the application of a binary puretone screening at a preset intensity level for…
§ 2538.13 In fitting hearing aids, a hearing aid dispenser shall not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, except that a hearing…
§ 2538.14 “Hearing aid dispenser,” as used in this article, means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired…
§ 2538.15 “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with…
§ 2538.16 The board shall keep a record of all prosecutions for violations of this article and of all examinations held for applicants for licenses together with the…
§ 2538.17 The board may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids. The board…
§ 2538.18 All holders of licenses to sell or fit hearing aids shall continue their education after receiving the license. The board shall provide by regulation, as a…
§ 2538.20 It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any other way to advertise or hold…
§ 2538.21 This article does not apply to a person engaged in the practice of fitting hearing aids if their practice is for a governmental agency, or private clinic, or…
§ 2538.22 This article does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does not directly…
§ 2538.23 (a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as a hearing aid dispenser in this state. (2) There is no…
§ 2538.24 Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board. The application…
§ 2538.25 (a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license. The board may provide that the…
§ 2538.26 The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its…
§ 2538.27 (a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to them upon…
§ 2538.28 (a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that…
§ 2538.29 A trainee licensed under Section 2538.28 shall take the licensure examination within the first 12 months after the trainee license is issued. Failure to take…
§ 2538.30 (a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business that engages in the fitting or sale of…
§ 2538.31 Practical examinations shall be held by the board at least twice a year. The time and place of any practical examination shall be fixed by the board at least…
§ 2538.32 Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed…
§ 2538.33 (a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses where they…
§ 2538.34 (a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in…
§ 2538.35 (a) To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming…
§ 2538.36 (a) Whenever any of the following conditions are found to exist, either from observations by the licensee or based on information furnished by the prospective…
§ 2538.37 No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the preceding six months a…
§ 2538.38 A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensee’s office or place of business at all times and…
§ 2538.39 A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the…
§ 2538.40 (a) Upon denial of an application for license, the board shall notify the applicant in writing of the following: (1) The reason for the denial. (2) That the…
§ 2538.41 Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass the…
§ 2538.42 Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the…
§ 2538.43 It is unlawful to sell or barter, or offer to sell or barter, any license issued by the board.
§ 2538.44 It is unlawful to purchase or procure by barter any license issued by the board with intent to use the same as evidence of the holder’s qualification to…
§ 2538.45 It is unlawful to alter with fraudulent intent in any material regard a license issued by the board.
§ 2538.46 It is unlawful to use or attempt to use any license issued by the board that has been purchased, fraudulently issued, counterfeited, or materially altered as a…
§ 2538.47 It is unlawful to willfully make any false statement in a material regard in an application for an examination before the board for a license.
§ 2538.48 It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing a valid, unrevoked, and…
§ 2538.49 It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless they first do all of the following: (a) Comply with all provisions of…
§ 2538.50 It is unlawful to advertise by displaying a sign or otherwise or hold themselves out to be a person engaged in the practice of fitting or selling hearing aids…
§ 2538.51 It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address,…
§ 2538.52 When tests are conducted by persons licensed under this article in connection with the fitting and selling of hearing aids, the provisions of this article…
§ 2538.53 (a) A license issued under this article expires at midnight on its assigned renewal date. (b) To renew an unexpired license, the licensee shall, on or before…
§ 2538.54 Except as otherwise provided in this article, an expired license may be renewed at any time within three years after its expiration on filing of an application…
§ 2538.55 A license which has been suspended is subject to expiration and shall be renewed as provided in this article but such renewal does not entitle the holder of…
§ 2538.56 A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the…
§ 2538.57 The amount of fees and penalties prescribed by this article shall be those set forth in this section unless a lower fee is fixed by the board: (a) The fee for…