Chapter 347
2009 -- H 5655
Enacted 11/13/09
A N A C T
RELATING TO
BUSINESSES AND PROFESSIONS - HEARING AID DEALERS AND FITTERS
Introduced By: Representatives Naughton, Handy, Walsh, and Jacquard
Date Introduced: February 25, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 5-49-3 of the General Laws in Chapter
5-49 entitled "Hearing Aid
Dealers and Fitters"
is hereby amended to read as follows:
5-49-3. Receipt required
to be furnished to a person supplied with hearing aid. -- (a)
Any person who practices the fitting and sale of
hearing aids shall deliver to each person supplied
with a hearing aid a receipt, which shall contain the
licensee's signature and show his or her
business address and the number of his or her certificate,
together with specifications as to the
make and model of the hearing aid furnished, and the full
terms of sale clearly stated. If a hearing
aid which is not new is sold, the receipt and the
container shall be clearly marked as "used" or
"reconditioned"
whichever is applicable, with terms of guarantee, if any.
(b) The receipt shall
bear in no smaller type than the largest used in the body copy
portion the following: "The purchaser has been advised
at the outset of his or her relationship
with the hearing aid dealer that any examination(s) or
representation(s) made by a licensed
hearing aid dealer and fitter in connection with the fitting
and selling of this hearing aid(s) 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."
(c) The receipt,
covering agreements consummated at any place other than at an address
of the seller, shall contain the following statement:
"You may cancel this agreement if it has been
consummated by a party at any place other than at a business
address of the seller by a written
notice directed to a business address of the seller by
registered mail, telegram, or delivery, not
later than midnight of the third business day following the
signing of the agreement."
(d) The receipt shall
contain language that verifies that the client has been informed about
the benefits of audio switch technology, including
increased access to telephones and assistive
listening systems required under the “American with
Disabilities Act of 1990”, and section 504 of
the Rehabilitation Act of 1973. The client shall be
informed that an audio switch is also referred
to as a telecoil, t-coil or
t-switch.
(e) The receipt shall
contain language that informs the client about the
adaptive telephone equipment loan program committee
established by chapter 39-23 that provides
assistive communications devices to residents of this state who
have hearing loss and about the
provides resources related to hearing loss.
(d) (f) Any person engaging in the fitting and sale of
hearing aids will, when dealing
with a child ten (10) years of age or under, ascertain
whether the child has been examined by an
otolaryngologist, or primary care physician and an audiologist for his
or her recommendation
within ninety (90) days prior to the fitting. If that is not
the case, a recommendation to do so must
be made, and this examination must be conducted before
the sale of any hearing aid.
(e) (g) Prior to delivery of services or products to the
prospective purchaser, a licensee
shall provide discussion of amplification or aural
rehabilitation options appropriate to the hearing
loss and communication needs presented by the patient.
(f) (h) A licensee delivers information, either written or
oral, appropriate to the patient's
needs and options under discussion, including, but not
limited to, types of circuitry, telecoils, or
programmability, and if applicable, estimated unit prices for the
following service, hearing aid(s),
accessories, service contracts, hearing aid (loss and damage)
insurance, health care coverage,
warranty, financing, and related goods and services.
(g) (i) At the time of delivery of
selected amplification, the dispenser shall deliver a
written delivery receipt containing the following:
(1) Business name, full
address, and department of health license number of the
dispenser;
(2) Name, full address
of patient and purchaser;
(3) The instrument
identification including manufacturer, model, serial number;
(4) Identification of
used or reconditioned units;
(5) The total price and
applicable warranty time periods of instrumentation and
accessories such as earmolds,
batteries, cords, etc.;
(6) Any additional
insurance that has been placed on the instrument;
(7) All services
included by the dispenser program as part of the complete amplification
package, i.e. follow-up visits, or reprogramming visits in
the event the instrument is
programmable;
(8) A notice conspicuously
in type that is at least four points larger than the surrounding
text: "A hearing aid will not restore normal hearing.
The purchaser has a thirty (30) day trial
period during which time the purchaser may return the
instrument, in the original condition less
normal wear, with no further financial obligation. This
product is protected by chapter 45 of title
6 entitled "Enforcement of Assistive Technology
Warranties', which shall be made available by
the dispenser, upon request". The purchaser has
access to the dispenser during the trial period, in
order to receive appropriate follow-up monitoring, i.e.
modification, adjustment, reprogramming,
or shell refit, in order to optimize comfort and
instrument benefit. The trial period may be
extended beyond thirty (30) days if agreed to, in writing, by
the dispenser and the consumer.
(9) All professional
and service fees shall be clearly stated in the contract. Refund shall
be made to the customer within ten (10) days of return;
(10) Signature of
dispenser and name in print;
(11) Signature of
patient;
(12) Date of purchase;
and
(13) Department of
health license number.
(14) Language that
verifies that the client has been informed of subsections 5-49-3 (d)
and (e).
SECTION 2. This act shall take effect upon passage.
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LC01863
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