PRINTER'S NO. 1820

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1558 Session of 1981


        INTRODUCED BY BROWN, SEVENTY, GRAY, KUKOVICH, PETRARCA,
           PUCCIARELLI, LETTERMAN, COHEN, PERZEL, PISTELLA AND McINTYRE,
           JUNE 15, 1981

        REFERRED TO COMMITTEE ON BUSINESS AND COMMERCE, JUNE 15, 1981

                                     AN ACT

     1  Amending the act of November 24, 1976 (P.L.1182, No.262),
     2     entitled "An act relating to the dispensing and sale of
     3     hearing aids, providing for the registration and regulation
     4     of hearing aid fitters and dealers, making certain acts
     5     illegal, prescribing penalties and making an appropriation,"
     6     providing for a 30 day trial period in the purchase of
     7     hearing aids.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 504, act of November 24, 1976 (P.L.1182,
    11  No.262), known as the "Hearing Aid Sales Registration Law," is
    12  amended, and the act is amended by adding a section to read:
    13     Section 504.  Receipt to Purchasers.--A registrant shall,
    14  upon the consummation of a sale of a hearing aid, deliver to the
    15  purchaser a written receipt, signed by or on behalf of the
    16  registrant, containing all of the following:
    17     (1)  The date of consummation of the sale.
    18     (2)  Specifications as to the make, serial number, and model
    19  name or number of the hearing aid or aids sold.
    20     (3)  The address of the principal place of business of the

     1  registrant.
     2     (4)  A statement to the effect that the aid or aids delivered
     3  to the purchaser are used or reconditioned, as the case may be,
     4  if that is the fact.
     5     (5)  The number of the registrant's registration certificate.
     6     (6)  The terms of any guarantee or express warranty, if any,
     7  made to the purchaser with respect to such hearing aid or
     8  hearing aids.
     9     (7)  A copy of the written waiver forms as required by
    10  section 403.
    11     (7.1)  A statement to the effect that if the purchaser is not
    12  satisfied with the operation of the hearing aid he may return it
    13  within 30 days for a full refund of the purchase price.
    14     (8)  Such receipt shall bear, or have attached to it in no
    15  smaller than ten-point type the following:
    16         "The purchaser has been advised at the outset of his
    17     relationship with the hearing aid dealer that any examination
    18     or representation made by a registered hearing aid dealer and
    19     fitter in connection with the practice of fitting and selling
    20     of this hearing aid, is not an examination, diagnosis, or
    21     prescription by a person licensed to practice medicine in
    22     this Commonwealth and therefore must not be regarded as
    23     medical opinion."
    24     (9)  Such receipt shall bear on its face and in no smaller
    25  than ten-point bold type the following:
    26         "If your rights are violated you may contact the State
    27     Bureau of Consumer Protection or the Pennsylvania Department
    28     of Health in Harrisburg or your local district attorney."
    29     Section 508.  Right to Refund.--Any person who is not
    30  satisfied with the operation of a hearing aid he has purchased
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     1  shall have the right to return it within 30 days for a full
     2  refund of the purchase price.
     3     Section 2.  This act shall take effect in 60 days.


















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