PRIOR PRINTER'S NOS. 2906, 3366 PRINTER'S NO. 3731
No. 2266 Session of 1980
INTRODUCED BY MESSRS. E. G. JOHNSON, GALLEN, BENNETT, A. K.
HUTCHINSON, PETRARCA, DeMEDIO, POLITE, GEIST, EARLEY, LEHR,
MACKOWSKI, WASS, HELFRICK, COSLETT, BOWSER, DIETZ AND NOYE,
FEBRUARY 12, 1980
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 1980
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 adding a definition of dealer-fitter; further defining
7 "business of selling hearing aids," "ADVERTISE" AND <--
8 "fitting"; further providing for persons excluded from
9 registration; FURTHER PROVIDING FOR APPLICATIONS FOR <--
10 EXAMINATION, TEMPORARY CERTIFICATES AND RECIPROCAL
11 REGISTRATION; and prohibiting the sale or dispensing of
12 hearing aids by certain persons.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Sections 103, 204, 301, CLAUSE (5) OF SECTION <--
16 302, SUBSECTION (A) AND THE INTRODUCTORY PARAGRAPH OF SUBSECTION
17 (B) OF SECTION 306, SECTIONS 307 and 309, act of November 24,
18 1976 (P.L.1182, No.262), known as the "Hearing Aid Sales
19 Registration Law," are amended to read:
20 Section 103. Definitions.--As used in this act:
21 "Advertise," and any of its variants, means the use of a
1 newspaper, magazine or other publication, book, notice,
2 circular, pamphlet, letter, handbill, poster, sign, placard,
3 card, label, tag, window display, store sign, radio, television
4 announcement, or any other means or methods now or hereafter
5 employed to bring to the attention of the public the practice of
6 fitting [and] OR sale of hearing aids. <--
7 "Audiologist" means a person holding the Certificate of
8 Clinical Competence in Audiology awarded by the American Speech
9 and Hearing Association or one who can provide evidence of
10 having successfully completed equivalent academic training and
11 clinical experience.
12 "Business of selling hearing aids" means selling, leasing, or
13 offering for sale or lease new, used, or reconditioned hearing
14 aids exclusive of parts, attachments, or accessories, at retail,
15 [either as exact replacements for damaged or worn out units or <--
16 pursuant to written specifications provided by an audiologist,
17 otologist, or otolaryngologist] but shall not include fitting or <--
18 the practice of fitting [and selling of] hearing aids: PROVIDED, <--
19 HOWEVER, THAT NO PERSON INCLUDING ANY DEALER, PHYSICIAN OR
20 AUDIOLOGIST SHALL FIT A HEARING AID UNLESS HE OR SHE IS A
21 REGISTERED FITTER QUALIFIED BY DEPARTMENTAL EXAMINATION.
22 "Conviction" means a plea, verdict of guilty, or a conviction
23 following a plea of nolo contendere, made to a charge of a crime
24 involving moral turpitude.
25 "Dealer-fitter" means any person engaged in those practices
26 used solely for the purpose of making selections, adaptations
27 and sale of hearing aids.
28 "Department" means the Department of Health of the
29 Commonwealth of Pennsylvania.
30 "Fitting" includes the physical acts of adjusting the hearing
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1 aid to the individual, taking audiograms, and making ear molds,
2 advising the individual with respect to hearing aids, audiogram
3 interpretation, and assisting in the selection of a suitable
4 hearing aid [for the sole purpose of the sale of a hearing aid].
5 "Hearing aid" means any wearable instrument or device
6 designed for or offered for the purpose of aiding or
7 compensating for impaired human hearing together with any parts,
8 attachments, or accessories for such device, including ear molds
9 but excluding batteries and cords.
10 "Hearing aid dealer" or "dealer" means any person engaged in
11 the business of selling hearing aids.
12 "Hearing aid fitter" or "fitter" means any individual engaged
13 in the practice of fitting [and selling] hearing aids.
14 ["Practice of fitting and selling hearing aids" means those
15 practices used solely for the purpose of making selections,
16 adaptations and sale of hearing aids.]
17 "Registrant" means a dealer or fitter holding a certificate
18 of registration.
19 "Secretary" means the Secretary of the Department of Health
20 of the Commonwealth of Pennsylvania.
21 SECTION 204. PUBLISHING INFORMATION.--THE DEPARTMENT MAY <--
22 PUBLISH AND DISTRIBUTE INFORMATION INCLUDING THE EXAMINATION
23 REQUIREMENTS FOR OBTAINING A DEALER'S OR FITTER'S REGISTRATION
24 CERTIFICATE TO ENGAGE IN THE BUSINESS OF SELLING OR THE PRACTICE
25 OF FITTING [AND] OR SELLING HEARING AIDS WITHIN THIS
26 COMMONWEALTH.
27 SECTION 301. APPLICATIONS.--EACH PERSON DESIRING TO OBTAIN A
28 REGISTRATION CERTIFICATE FROM THE DEPARTMENT TO ENGAGE IN THE
29 PRACTICE OF FITTING [AND SELLING] HEARING AIDS OR IN THE
30 BUSINESS OF SELLING HEARING AIDS SHALL MAKE APPLICATION TO THE
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1 DEPARTMENT. THE APPLICATION SHALL BE MADE UPON A FORM APPROVED
2 BY THE SECRETARY AND SHALL BE MADE IN SUCH MANNER AS IS PROVIDED
3 BY THE DEPARTMENT AND SHALL BE ACCOMPANIED BY THE APPROPRIATE
4 FEE.
5 SECTION 302. APPLICANT QUALIFICATIONS.--THE SECRETARY MAY
6 REQUIRE PROOF CONCERNING THE HONESTY, TRUTHFULNESS AND GOOD
7 REPUTATION OF THE APPLICANT, AND IN ADDITION, SHALL ASCERTAIN
8 THAT THE APPLICANT FOR A HEARING AID FITTER'S CERTIFICATE HAS A
9 THOROUGH KNOWLEDGE OF THE FOLLOWING AREAS DEMONSTRATED BY
10 PASSING A PRACTICAL EXAMINATION COMPILED BY THE DEPARTMENT:
11 * * *
12 (5) THE PROCEDURES AND USE OF EQUIPMENT ESTABLISHED BY THE
13 DEPARTMENT FOR THE FITTING [AND SELLING] OF HEARING AIDS.
14 * * *
15 SECTION 306. TEMPORARY HEARING AID FITTER'S REGISTRATION
16 CERTIFICATE.--(A) AN APPLICANT WHO HAS FULFILLED THE
17 REQUIREMENTS, HAS MADE APPLICATION, AND PROVES TO THE
18 SATISFACTION OF THE DEPARTMENT THAT HE HAS BEEN ENGAGED IN THE
19 FITTING [AND SELLING] OF HEARING AIDS AT AN ESTABLISHED PLACE OF
20 BUSINESS IN A STATE OTHER THAN THE COMMONWEALTH OF PENNSYLVANIA
21 FOR A PERIOD OF TWO YEARS WITHIN A FIVE-YEAR PERIOD IMMEDIATELY
22 PRIOR TO HIS APPLICATION, MAY HAVE A TEMPORARY FITTER'S
23 REGISTRATION CERTIFICATE ISSUED TO HIM WHICH SHALL BE VALID AND
24 EFFECTIVE FOR A PERIOD ENDING 30 DAYS AFTER THE CONCLUSION OF A
25 QUALIFYING EXAMINATION GIVEN NOT EARLIER THAN 90 DAYS AFTER THE
26 DATE OF ISSUE OF SUCH TEMPORARY FITTER'S REGISTRATION
27 CERTIFICATE, BUT NOT LATER THAN ONE YEAR AFTER THE DATE OF ISSUE
28 OF SUCH TEMPORARY FITTER'S REGISTRATION CERTIFICATE.
29 (B) AN APPLICANT WHO HAS FULFILLED THE REQUIREMENTS OF
30 SECTION 301 AND HAS MADE APPLICATION THEREFOR, AND WHO PROVES TO
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1 THE SATISFACTION OF THE DEPARTMENT THAT HE WILL BE SUPERVISED
2 AND TRAINED BY A PERSON WHO HOLDS A VALID FITTER'S REGISTRATION
3 CERTIFICATE ISSUED PURSUANT TO THE PROVISIONS OF SECTION 305 OR
4 SUBSECTION (A) MAY HAVE AN APPRENTICE FITTER'S REGISTRATION
5 CERTIFICATE ISSUED TO HIM WHICH SHALL ENTITLE HIM TO BE ENGAGED,
6 UNDER SUCH SUPERVISION, IN THE FITTING [AND SELLING] OF HEARING
7 AIDS FOR THE FOLLOWING PERIODS:
8 * * *
9 SECTION 307. RECIPROCAL REGISTRATION.--WHENEVER THE
10 DEPARTMENT DETERMINES THAT ANOTHER STATE OR JURISDICTION HAS
11 REQUIREMENTS EQUIVALENT TO OR HIGHER THAN THOSE IN EFFECT
12 PURSUANT TO THIS ACT AND THAT SUCH STATE OR JURISDICTION HAS A
13 PROGRAM EQUIVALENT TO OR STRICTER THAN THE PROGRAM FOR
14 DETERMINING WHETHER APPLICANTS TO THIS ACT ARE QUALIFIED AS A
15 HEARING AID DEALER OR FITTER, THE SECRETARY MAY ISSUE
16 CERTIFICATES OF ENDORSEMENT TO APPLICANTS WHO HOLD CURRENT,
17 UNSUSPENDED AND UNREVOKED CERTIFICATES OR LICENSES TO SELL OR
18 FIT [AND SELL] HEARING AIDS IN SUCH OTHER STATE OR JURISDICTION.
19 NO SUCH APPLICANTS FOR CERTIFICATE OF ENDORSEMENT SHALL BE
20 REQUIRED TO SUBMIT TO OR UNDERGO A QUALIFYING EXAMINATION OR
21 REQUIREMENTS OTHER THAN THE PAYMENT OF FEES. THE HOLDER OF A
22 CERTIFICATE OF ENDORSEMENT SHALL BE REGISTERED IN THE SAME
23 MANNER AS REGISTRANTS. THE FEE FOR AN INITIAL CERTIFICATE OF
24 ENDORSEMENT SHALL BE THE SAME AS THE FEE FOR AN INITIAL
25 REGISTRATION CERTIFICATE. FEES, GROUNDS FOR RENEWAL AND
26 PROCEDURES FOR THE SUSPENSION AND REVOCATION OF CERTIFICATES OF
27 ENDORSEMENT SHALL BE THE SAME AS FOR RENEWAL, SUSPENSION AND
28 REVOCATION OF A REGISTRATION CERTIFICATE. SUCH RECIPROCITY
29 PROVISION SHALL NOT, HOWEVER, APPLY WHERE THE STATE OR
30 JURISDICTION OF THE INDIVIDUALS SEEKING SUCH CERTIFICATE OF
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1 ENDORSEMENT DOES NOT EXTEND LIKE RECIPROCITY TO AN INDIVIDUAL
2 REGISTERED BY THIS COMMONWEALTH UNDER THIS ACT.
3 Section 309. Persons Excluded from Registration.--[This] <--
4 EXCEPT AS PROVIDED IN SECTION 309.1 THIS act does not apply nor <--
5 affect any physician or surgeon licensed under appropriate
6 licensing laws [or to an individual supervised by such physician
7 or surgeon,] who does not directly or indirectly engage in the
8 sale or offering for sale of hearing aids, nor to any
9 audiologist [or to an individual supervised by such audiologist]
10 in conducting fitting procedures and who does not directly or
11 indirectly engage in the sale or offering for sale of hearing
12 aids.
13 Section 2. The act is amended by adding a section to read:
14 Section 309.1. Sale or Dispensing of Aids FITTING OF HEARING <--
15 AIDS Restricted.--No person, including any dealer, physician or
16 audiologist shall sell or dispense FIT a hearing aid unless he <--
17 or she is a registered fitter qualified by the department by
18 examination. or he or she employs the services of a registered <--
19 fitter qualified by the department by examination.
20 SECTION 3. SECTIONS 314, 401, THE INTRODUCTORY PARAGRAPH OF <--
21 SECTION 402, 501, SUBSECTION (A) OF SECTION 505, CLAUSE (4) OF
22 SECTION 601 AND 605 OF THE ACT ARE AMENDED TO READ:
23 SECTION 314. EXPIRATION OF SUSPENDED REGISTRATION
24 CERTIFICATE.--A REGISTRATION CERTIFICATE WHICH HAS BEEN
25 SUSPENDED IS SUBJECT TO EXPIRATION AND SHALL BE RENEWED AS
26 PROVIDED IN THIS ACT, BUT SUCH RENEWAL DOES NOT ENTITLE THE
27 HOLDER OF THE REGISTRATION CERTIFICATE WHILE IT REMAINS
28 SUSPENDED AND UNTIL IT IS REINSTATED, TO ENGAGE IN THE BUSINESS
29 OF SELLING OR IN THE PRACTICE OF FITTING [AND SELLING] OF
30 HEARING AIDS, OR IN ANY OTHER ACTIVITY OR CONDUCT IN VIOLATION
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1 OF THE ORDER OR JUDGMENT BY WHICH THE REGISTRATION CERTIFICATE
2 WAS SUSPENDED. A REGISTRATION CERTIFICATE WHICH HAS BEEN REVOKED
3 IS SUBJECT TO EXPIRATION, BUT IT MAY NOT BE RENEWED. IF IT IS
4 REINSTATED AFTER ITS EXPIRATION, THE REGISTRANT AS A CONDITION
5 PRECEDENT TO ITS REINSTATEMENT, SHALL PAY A REINSTATEMENT FEE IN
6 AN AMOUNT EQUAL TO THE RENEWAL FEE IN EFFECT ON THE LAST REGULAR
7 RENEWAL DATE BEFORE THE DATE ON WHICH IT IS REINSTATED, PLUS THE
8 DELINQUENCY FEE, IF ANY, ACCRUED AT THE TIME OF ITS REVOCATION.
9 SECTION 401. MISREPRESENTATION OF REGISTRANT'S RELATIONSHIP
10 WITH PURCHASER.--THE REGISTRANT SHALL, AT THE OUTSET OF HIS
11 RELATIONSHIP WITH THE POTENTIAL PURCHASER, ADVISE SUCH PERSON
12 THAT ANY EXAMINATION OR REPRESENTATION MADE BY A REGISTERED
13 HEARING AID DEALER OR FITTER IN CONNECTION WITH THE PRACTICE OF
14 FITTING [AND] OR SELLING OF HIS HEARING AID IS NOT AN
15 EXAMINATION, DIAGNOSIS OR PRESCRIPTION BY A PERSON LICENSED TO
16 PRACTICE MEDICINE IN THIS COMMONWEALTH AND, THEREFORE, MUST NOT
17 BE REGARDED AS A MEDICAL OPINION.
18 SECTION 402. REFERRAL TO PHYSICIAN.--WHENEVER ANY OF THE
19 FOLLOWING CONDITIONS ARE FOUND TO EXIST EITHER FROM OBSERVATIONS
20 BY THE REGISTRANT OR ON THE BASIS OF INFORMATION FURNISHED BY
21 THE PROSPECTIVE HEARING AID USER, A REGISTRANT SHALL, PRIOR TO
22 FITTING [AND SELLING] A HEARING AID TO ANY INDIVIDUAL, SUGGEST
23 TO THAT INDIVIDUAL IN WRITING THAT HIS BEST INTERESTS WOULD BE
24 SERVED IF HE WOULD CONSULT A LICENSED PHYSICIAN SPECIALIZING IN
25 DISEASES OF THE EAR, OR IF NO SUCH LICENSED PHYSICIAN IS
26 AVAILABLE, THEN TO A DULY LICENSED PHYSICIAN:
27 * * *
28 SECTION 501. ADDRESS OF REGISTRANT.--BEFORE ENGAGING IN THE
29 BUSINESS OF SELLING OR THE PRACTICE OF FITTING [AND SELLING]
30 HEARING AIDS, EACH REGISTRANT SHALL NOTIFY THE DEPARTMENT IN
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1 WRITING OF THE ADDRESS OR ADDRESSES WHERE HE IS TO ENGAGE, OR
2 INTENDS TO ENGAGE IN THE SELLING OR FITTING [AND SELLING] OF
3 HEARING AIDS, AND, ALSO, OF ANY CHANGES IN SUCH ADDRESS OR
4 ADDRESSES. ANY NOTICE REQUIRED TO BE GIVEN BY THE DEPARTMENT TO
5 A REGISTRANT MAY BE GIVEN BY UNITED STATES MAIL TO SUCH ADDRESS,
6 POSTAGE THEREON PREPAID.
7 SECTION 505. FACILITIES AND PROCEDURES.--(A) NO REGISTERED
8 HEARING AID FITTER SHALL ENGAGE IN THE PRACTICE OF FITTING [AND
9 SELLING] HEARING AIDS UNLESS HE SHALL MAINTAIN HIS PLACE OF
10 BUSINESS SO AS TO PROVIDE EQUIPMENT AND FACILITIES AS FOLLOWS:
11 (1) ACCESS TO A SELECTION OF HEARING AID MODELS, SUPPLIES,
12 AND ACCESSORIES SUFFICIENT TO PROVIDE FOR THE IMMEDIATE NEEDS OF
13 CUSTOMERS.
14 (2) AN AUDIOMETER CONFORMING AT ALL TIMES TO SPECIFICATIONS
15 FOR PURE-TONE AND SPEECH DIAGNOSTIC AUDIOMETERS AS ESTABLISHED
16 BY THE DEPARTMENT, AND SUBJECT TO PERIODIC INSPECTION AND
17 CALIBRATION BY THE DEPARTMENT.
18 * * *
19 SECTION 601. CAUSES FOR DENIAL, SUSPENSION OR REVOCATION OF
20 CERTIFICATE.--THE SECRETARY MAY DENY, SUSPEND, OR REVOKE A
21 REGISTRATION CERTIFICATE OR IMPOSE CONDITIONS OF PROBATION UPON
22 A REGISTRANT FOR ANY OF THE FOLLOWING CAUSES:
23 * * *
24 (4) USE OF THE TERM "DOCTOR" OR "PHYSICIAN" OR "CLINIC" OR
25 "AUDIOLOGIST" OR ANY DERIVATION THEREOF, AS PART OF THE FIRM
26 NAME UNDER WHICH THE REGISTRANT FITS [AND] OR SELLS HEARING
27 AIDS, UNLESS AUTHORIZED BY LAW.
28 * * *
29 SECTION 605. UNLAWFUL ACTS.--IT IS UNLAWFUL:
30 (1) TO SELL OR BARTER, OR OFFER TO SELL OR BARTER ANY
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1 REGISTRATION CERTIFICATE ISSUED BY THE DEPARTMENT.
2 (2) TO PURCHASE OR PROCURE BY BARTER ANY REGISTRATION
3 CERTIFICATE ISSUED BY THE DEPARTMENT WITH INTENT TO USE THE SAME
4 AS EVIDENCE OF THE HOLDER'S QUALIFICATION TO PRACTICE THE
5 FITTING [AND SELLING] OF HEARING AIDS.
6 (3) TO ALTER WITH FRAUDULENT INTENT IN ANY MATERIAL MANNER A
7 REGISTRATION CERTIFICATE ISSUED BY THE DEPARTMENT.
8 (4) TO USE OR ATTEMPT TO USE ANY REGISTRATION CERTIFICATE
9 ISSUED BY THE DEPARTMENT WHICH HAS BEEN PURCHASED, FRAUDULENTLY
10 ISSUED, COUNTERFEITED, OR MATERIALLY ALTERED AS A VALID
11 REGISTRATION CERTIFICATE.
12 (5) TO ENGAGE IN THE PRACTICE OF FITTING [AND SELLING]
13 HEARING AIDS UNDER A FALSE OR ASSUMED NAME EXCEPT AS PROVIDED IN
14 SECTION 310.
15 (6) TO WILLFULLY MAKE ANY FALSE STATEMENT IN A MATERIAL
16 REGARD IN AN APPLICATION FOR AN EXAMINATION BEFORE THE
17 DEPARTMENT FOR A REGISTRATION CERTIFICATE.
18 (7) TO ENGAGE IN THE PRACTICE OF FITTING [AND] OR SELLING
19 HEARING AIDS IN THIS COMMONWEALTH WITHOUT HAVING AT THE TIME OF
20 SO DOING A VALID UNREVOKED AND UNEXPIRED REGISTRATION
21 CERTIFICATE OR TEMPORARY REGISTRATION CERTIFICATE.
22 (8) TO ADVERTISE BY DISPLAYING A SIGN OR OTHERWISE OR HOLD
23 ONESELF OUT TO BE A PERSON ENGAGED IN THE BUSINESS OF SELLING OR
24 THE PRACTICE OF FITTING [AND SELLING] HEARING AIDS WITHOUT
25 HAVING AT THE TIME OF SO DOING A VALID, UNREVOKED REGISTRATION
26 CERTIFICATE.
27 Section 3 4. This act shall take effect in 90 days. <--
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