PRINTER'S NO. 169

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 164 Session of 1975


        INTRODUCED BY MESSRS. SCHMITT, MANDERINO, SHANE, RENNINGER, MRS.
           GILLETTE, MESSRS. BRUNNER, A. K. HUTCHINSON, MRS. TOLL,
           MESSRS. VANN, ROMANELLI, LAUGHLIN, COHEN, ROSS, TRELLO,
           ABRAHAM, DeMEDIO, TAYLOR, IRVIS, WOJDAK, DOYLE, RAPPAPORT,
           DOMBROWSKI, BELLOMINI, MORRIS, BERLIN, PIEVSKY, MUSTO, GREEN,
           SHUPNIK, PERRY, O'KEEFE, GARZIA, LETTERMAN, ZORD, REED, FEE,
           JOHNSON, MILLIRON, MRS. KERNICK, MESSRS. PRATT, COWELL,
           KOWALYSHYN, FINEMAN, RUGGIERO, WARGO, WALSH AND O'DONNELL,
           JANUARY 28, 1975

        REFERRED TO COMMITTEE CONSUMER PROTECTION, JANUARY 28, 1975

                                     AN ACT

     1  Relating to the dispensing and sale of hearing aids, providing
     2     for the registration and regulation of hearing aid
     3     dispensers, making certain acts illegal, and prescribing
     4     penalties.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7                             ARTICLE I
     8           Short Title, Purpose, Application, Definitions
     9     Section 101.  Short Title.--This act shall be known and may
    10  be cited as the "Pennsylvania Hearing Aid Sales Registration
    11  Law."
    12     Section 102.  Purpose.--In recognition of the technical
    13  nature of fitting and dispensing proper hearing aids to hearing
    14  impaired individuals and of the high potential for fraud and
    15  deception in the sale of hearing aids to the citizenry of this


     1  Commonwealth, their exists a decided need for powerful and
     2  effective control over the hearing aid sales industry.
     3     Section 103.  Application.--(a) Except as hereinafter
     4  provided, it shall be unlawful for any person to engage in the
     5  sale of or practice of fitting hearing aids or display a sign or
     6  in any other way to advertise, represent or hold himself out as
     7  a hearing aid dealer or fitter, unless he shall first have
     8  registered pursuant to the provisions of this act.
     9     (b)  Nothing in this act shall prohibit any person from
    10  maintaining an established business address or from engaging in
    11  the business of selling or offering for sale hearing aids to the
    12  users thereof without being registered: Provided, That said
    13  person employs only persons registered under this act as hearing
    14  aid dealers and fitters in the direct sale and fitting of such
    15  products. Such persons shall file annually with the department a
    16  list of all registered hearing aid dealers and fitters directly
    17  or indirectly employed by him.
    18     (c)  Prior law exclusively governs all suits, actions,
    19  prosecutions or proceedings which are pending or may be
    20  initiated on the basis of facts or circumstances occurring
    21  before the effective date of this act.
    22     Section 104.  Definitions.--As used in this act:
    23     "Advertise," and any of its variants, means the use of a
    24  newspaper, magazine or other publication, book, notice,
    25  circular, pamphlet, letter, handbill, poster, sign, placard,
    26  card, label, tag, window display, store sign, radio, television
    27  announcement, or any other means or methods now or hereafter
    28  employed to bring to the attention of the public the practice of
    29  fitting and sale of hearing aids.
    30     "Audiologist" means a person holding the Certificate of
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     1  Clinical Competence in Audiology awarded by the American Speech
     2  and Hearing Association or one who can provide evidence of
     3  having successfully completed equivalent academic training and
     4  clinical experience.
     5     "Conviction" means a plea, verdict of guilty, or a conviction
     6  following a plea of nolo contendere, made to a charge of a crime
     7  involving moral turpitude.
     8     "Department" means the Department of Health of the
     9  Commonwealth of Pennsylvania.
    10     "Hearing aid" means any wearable instrument or device
    11  designed for or offered for the purpose of aiding or
    12  compensating for impaired human hearing.
    13     "Practice of fitting and selling hearing aids" means those
    14  practices used solely for the purpose of making selections,
    15  adaptations and sale of hearing aids.
    16     "Registrant" means a person holding a certificate of
    17  registration.
    18     "Registration certificate" includes a temporary or apprentice
    19  registration certificate.
    20     "Secretary" means the Secretary of the Department of Health
    21  of the Commonwealth of Pennsylvania.
    22                             ARTICLE II
    23                        Duties of Department
    24     Section 201.  Examinations.--The department shall prepare,
    25  approve, grade and conduct examinations of applicants for a
    26  hearing aid dispenser's certificate of registration. The
    27  department may provide that the preparation and grading of the
    28  examination be conducted by a competent person or organization
    29  other than the department: Provided, however, That the
    30  department shall establish the guidelines for the examination,
    19750H0164B0169                  - 3 -

     1  and shall approve the actual examination.
     2     Section 202.  Records.--The department shall keep a record of
     3  all prosecutions for violations of this act, and of all
     4  examinations held for applicants for a registration certificate
     5  together with the names and addresses of all persons taking
     6  examinations and of their success or failure to pass such
     7  examinations.
     8     Section 203.  Course of Instruction.--The department may
     9  recommend the preparation of and administration by the State
    10  Department of Education of a course of instruction concerned
    11  with the fitting and selection of hearing aids. The department
    12  may require that after 1977, applicants for a registration
    13  certificate shall first complete the required course of
    14  instruction or otherwise satisfy the department that the
    15  applicant possesses the necessary background and qualifications
    16  to fit and sell hearing aids.
    17     Section 204.  Publishing Information.--The department may
    18  publish and distribute information concerning the examination
    19  requirements for obtaining a registration certificate to engage
    20  in the practice of fitting and selling hearing aids within this
    21  Commonwealth.
    22     Section 205.  Rules and Regulations.--The department shall
    23  make and promulgate rules and regulations as may be necessary to
    24  enable it to carry into effect the provisions of this act.
    25     Section 206.  Administration of Act.--The Attorney General
    26  may prosecute any and all persons guilty of violating any of the
    27  provisions of this act or the rules and regulations thereunder.
    28  The department may employ the personnel necessary to administer
    29  the provisions of this act and may incur such other expenses as
    30  are necessary for the administration of this act. Inspections or
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     1  investigations made pursuant to the provisions of this act shall
     2  be made by personnel from the department, or by the Attorney
     3  General, or by local law enforcement authorities.
     4                            ARTICLE III
     5                            Registration
     6     Section 301.  Applications.--Each person desiring to obtain a
     7  registration certificate from the department to engage in the
     8  practice of fitting and selling hearing aids shall make
     9  application to the department. The application shall be made
    10  upon a form approved by the secretary and shall be made in such
    11  manner as is provided by the department and shall be accompanied
    12  by the appropriate fee.
    13     Section 302.  Applicant Qualifications.--The secretary may
    14  require proof concerning the honesty, truthfulness and good
    15  reputation of the applicant, and in addition, shall ascertain
    16  that the applicant has a thorough knowledge of the following
    17  areas demonstrated by passing a practical examination compiled
    18  by the department:
    19     (1)  The anatomy and physiology of the ear.
    20     (2)  The function of hearing aids.
    21     (3)  The knowledge and understanding of the grounds for
    22  revocation, suspension or probation of the registrant as
    23  outlined in this act.
    24     (4)  The knowledge and understanding of criminal offenses as
    25  outlined in this act.
    26     (5)  The procedures and use of equipment established by the
    27  department for the fitting and selling of hearing aids.
    28     (6)  Taking ear mold impressions.
    29     (7)  Evidence of knowledge regarding the medical and
    30  rehabilitation facilities for children and adults that are
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     1  available in the areas served.
     2     (8)  A knowledge of criteria for medical referral when found
     3  to exist either from observation by the registrant or on the
     4  basis of information furnished by the prospective hearing aid
     5  user to include the following:
     6     (i)  Visible congenital or traumatic deformity of the ear.
     7     (ii)  History of or active drainage of the ear within the
     8  previous 90 days.
     9     (iii)  History of sudden or rapidly progressive hearing loss
    10  within the previous 90 days.
    11     (iv)  Acute or chronic dizziness.
    12     (v)  Unilateral hearing loss of sudden or recent onset within
    13  the previous 90 days.
    14     (vi)  Visible evidence of cerumen accumulation or a foreign
    15  body in the ear canal.
    16     Section 303.  Time of Examination.--Examinations shall be
    17  held by the department at least twice a year with such
    18  additional examinations as the secretary may direct. The time
    19  and place of any examination shall be fixed by the secretary at
    20  least 45 days prior to the date it is to be held.
    21     Section 304.  Failure to Pass Examination.--No applicant
    22  shall be eligible for a registration certificate who fails to
    23  obtain an average predetermined by the secretary in every
    24  subject upon which he is examined. In case any applicant fails
    25  to pass an examination, he shall be examined at the next or any
    26  succeeding examination, in compliance with this section only in
    27  the subject area in which he failed to obtain an average as
    28  determined by the secretary.
    29     Section 305.  Issuance of Registration Certificate.--The
    30  secretary shall issue a registration certificate to all
    19750H0164B0169                  - 6 -

     1  applicants who have satisfied the requirements of this act and
     2  paid the appropriate fees. No registration certificate shall be
     3  issued to any person other than an individual.
     4     Section 306.  Temporary Registration Certificate.--(a) An
     5  applicant who has fulfilled the requirements, has made
     6  application, and proves to the satisfaction of the department
     7  that he has been engaged in the fitting and selling of hearing
     8  aids at an established place of business in a state other than
     9  the Commonwealth of Pennsylvania for a period of 2 years within
    10  a 5-year period immediately prior to his application, may have a
    11  temporary registration certificate issued to him which shall be
    12  valid and effective for a period ending 30 days after the
    13  conclusion of a qualifying examination given not earlier than 90
    14  days after the date of issue of such temporary registration
    15  certificate, but not later than 1 year after the date of issue
    16  of such temporary registration certificate.
    17     (b)  An applicant who has fulfilled the requirements of
    18  section 301 and has made application therefor, and who proves to
    19  the satisfaction of the department that he will be supervised
    20  and trained by a person who holds a valid registration
    21  certificate issued pursuant to the provisions of section 305 or
    22  subsection (a) may have an apprentice registration certificate
    23  issued to him which shall entitle him to be engaged, under such
    24  supervision, in the fitting and selling of hearing aids for a
    25  period of 6 months from the date of the commencement of his
    26  employment or for a period ending 30 days after the conclusion
    27  of a qualifying examination given not earlier than 150 days
    28  after the date of issue of such temporary registration
    29  certificate, whichever is later. Such temporary registration
    30  certificate shall be effective and valid only while the
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     1  applicant remains in the employ of a person who holds a valid
     2  registration certificate issued pursuant to the provisions of
     3  section 305 or subsection (a). Such registrant shall be
     4  responsible for the supervision and training of such applicant.
     5     Section 307.  Reciprocal Registration.--(a) Whenever the
     6  department determines that another state or jurisdiction has
     7  requirements equivalent to or higher than those in effect
     8  pursuant to this act and that such state or jurisdiction has a
     9  program equivalent to or stricter than the program for
    10  determining whether applicants to this act are qualified as a
    11  hearing aid dealer or fitter, the secretary may issue
    12  certificates of endorsement to applicants who hold current,
    13  unsuspended and unrevoked certificates or licenses to fit and
    14  sell hearing aids in such other state or jurisdiction. No such
    15  applicants for certificate of endorsement shall be required to
    16  submit to or undergo a qualifying examination or requirements
    17  other than the payment of fees. The holder of a certificate of
    18  endorsement shall be registered in the same manner as
    19  registrants. The fee for an initial certificate of endorsement
    20  shall be the same as the fee for an initial registration
    21  certificate. Fees, grounds for renewal and procedures for the
    22  suspension and revocation of certificates of endorsement shall
    23  be the same as for renewal, suspension and revocation of a
    24  registration certificate. Such reciprocity provision shall not,
    25  however, apply where the state or jurisdiction of the
    26  individuals seeking such certificate of endorsement does not
    27  extend like reciprocity to an individual registered by this
    28  Commonwealth under this act.
    29     (b)  If a person who holds a temporary or apprentice
    30  registration certificate issued under the provisions of this
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     1  section, takes and fails to pass the qualifying examination
     2  referred to in this section, the secretary may renew the
     3  temporary registration certificates for a period ending 30 days
     4  after the conclusion of the next qualifying examination given
     5  after the date of renewal. The secretary shall not issue more
     6  than two renewals of such temporary registration certificate to
     7  any applicant.
     8     Section 308.  Persons Excluded from Registration.--(a) This
     9  act does not apply to a person engaged in the practice of
    10  fitting hearing aids if his practice is for a governmental
    11  agency, or private clinic, or is part of the academic curriculum
    12  of an accredited institution of higher education, or part of a
    13  program conducted by a public, charitable institution or other
    14  nonprofit organization, and who does not engage directly or
    15  indirectly in the sale or offering for sale of hearing aids.
    16     (b)  This act does not apply nor affect any physician or
    17  surgeon licensed under appropriate licensing laws, who does not
    18  directly or indirectly engage in the sale or offering for sale
    19  of hearing aids, nor to any audiologist or to an individual
    20  supervised by such audiologist in conducting fitting procedures
    21  and who does not directly or indirectly engage in the sale or
    22  offering for sale of hearing aids.
    23     Section 309.  Fictitious Names.--Every person applying for a
    24  registration certificate who desires to have a certificate
    25  issued under a fictitious name shall file with his application
    26  certified copies of the entry made in the register by the county
    27  clerk, the Secretary of State, and the affidavit of publication
    28  made pursuant to the provisions of the act of May 24, 1945
    29  (P.L.380, No.163), relating to fictitious names, if such
    30  applicant is an individual, proprietorship, partnership or
    19750H0164B0169                  - 9 -

     1  unincorporated association, or pursuant to the act of July 11,
     2  1957 (P.L.783, No.347), known as the "Fictitious Corporate Name
     3  Act," if such applicant is a corporation.
     4     Section 310.  Expiration Date.--Registration certificates
     5  issued under this act expire at midnight on January 15 of each
     6  year thereafter if not renewed. To renew an unexpired
     7  registration certificate the registrant shall, before the time
     8  at which the certificate would otherwise expire, apply for
     9  renewal on a form prescribed by the secretary and pay the
    10  renewal fee prescribed by this act.
    11     Section 311.  Renewal of Registration Certificate.--Except as
    12  otherwise provided in this act, an expired registration
    13  certificate may be renewed at any time within 5 years after its
    14  expiration on filing of an application for renewal on a form
    15  prescribed by the secretary, and payment of the renewal fee in
    16  effect on the last renewal date. If the registration certificate
    17  is renewed more than 30 days after its expiration, the
    18  registrant, as a condition precedent to renewal, shall also pay
    19  the delinquency fee. Renewal under this section shall be
    20  effective on the date on which the application is filed, on the
    21  date on which the renewal fee is paid or whichever last occurs.
    22  If so renewed, the registration certificate shall continue in
    23  effect through the date provided in section 311 which next
    24  occurs after the effective date of the renewal, when it shall
    25  expire if it is not again renewed.
    26     Section 312.  No Registration Required Until Examinations
    27  Administered.--In any case, no registration certificate will be
    28  required under the provisions of this act until such time as the
    29  department has prepared and administered the examination
    30  required by this act on at least three occasions separated by at
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     1  least a 6-month period.
     2     Section 313.  Expiration of Suspended Registration
     3  Certificate.--A registration certificate which has been
     4  suspended is subject to expiration and shall be renewed as
     5  provided in this act, but such renewal does not entitle the
     6  holder of the registration certificate while it remains
     7  suspended and until it is reinstated, to engage in the fitting
     8  and selling of hearing aids, or in any other activity or conduct
     9  in violation of the order or judgment by which the registration
    10  certificate was suspended. A registration certificate which has
    11  been revoked is subject to expiration, but it may not be
    12  renewed. If it is reinstated after its expiration, the
    13  registrant as a condition precedent to its reinstatement, shall
    14  pay a reinstatement fee in an amount equal to the renewal fee in
    15  effect on the last regular renewal date before the date on which
    16  it is reinstated, plus the delinquency fee, if any, accrued at
    17  the time of its revocation.
    18     Section 314.  Failure to Renew.--A registration certificate
    19  which is not renewed within 5 years after its expiration may not
    20  be renewed, restored, reissued, or reinstated.
    21     Section 315.  Fees and Penalties.--The amount of fees and
    22  penalties prescribed by this act are those fixed in the
    23  following schedule:
    24     (1)  The fee for applicants applying for the first time for a
    25  registration certificate is $100 which shall not be refunded,
    26  except to applicants who are found to be ineligible to take an
    27  examination for a registration certificate; those applicants are
    28  entitled to a refund of $75.
    29     (2)  The fee for an employee-applicant for an apprentice
    30  registration certificate is $25. The additional fee for such
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     1  employee-applicant upon taking the qualifying examination, is
     2  $75.
     3     (3)  The fee for applicants for a registration certificate
     4  who have failed a previous examination is $25 for each
     5  succeeding examination.
     6     (4)  The fee for renewal of a registration certificate is $50
     7  for each renewal.
     8     (5)  The initial registration certificate fee is $100, unless
     9  the initial registration certificate is issued on or after July
    10  15 of any year. If it is issued on or after July 15, the initial
    11  registration certificate fee is $50.
    12     (6)  The delinquency fee is $25.
    13     (7)  The fee for issuance of a duplicate registration
    14  certificate for a branch office, or upon loss of an original
    15  registration certificate or upon change of name authorized by
    16  law of a person holding a registration certificate under this
    17  chapter is $5.
    18                             ARTICLE IV
    19                       Duties of Registrants
    20     Section 401.  Address of Registrant.--Before engaging in the
    21  practice of fitting and selling hearing aids, each registrant
    22  shall notify the department in writing of the address or
    23  addresses where he is to engage, or intends to engage in the
    24  fitting and selling of hearing aids, and, also, of any changes
    25  in his place of business. Any notice required to be given by the
    26  department to a registrant may be given by United States mail to
    27  such address, postage thereon prepaid.
    28     Section 402.  Display of Certificate.--Each holder of a
    29  registration certificate shall keep it conspicuously posted in
    30  his office or place of business at all times.
    19750H0164B0169                 - 12 -

     1     Section 403.  Branch Offices; Duplicate Certificates.--If a
     2  registrant maintains more than one place of business within this
     3  State, he shall apply for and procure a duplicate registration
     4  certificate for each branch office so maintained by him. Such
     5  application shall state the name of the person and the location
     6  of the place or places of business for which such duplicate
     7  registration certificate is desired.
     8     Section 404.  Receipt to Purchasers.--A registrant shall,
     9  upon the consummation of a sale of a hearing aid, deliver to the
    10  purchaser a written receipt, signed by or on behalf of the
    11  registrant, containing all of the following:
    12     (1)  The date of consummation of the sale.
    13     (2)  Specifications as to the make, serial number, and model
    14  name or number of the hearing aid or aids sold.
    15     (3)  The address of the principal place of business of the
    16  registrant.
    17     (4)  A statement to the effect that the aid or aids delivered
    18  to the purchaser are used or reconditioned, as the case may be,
    19  if that is the fact.
    20     (5)  The number of the registrant's registration certificate.
    21     (6)  The terms of any guarantee or express warranty, if any,
    22  made to the purchaser with respect to such hearing aid or
    23  hearing aids.
    24     (7)  Such receipt shall bear, or have attached to it in no
    25  smaller than ten point type the following:
    26         "The purchaser has been advised at the outset of his
    27     relationship with the hearing aid dealer that any examination
    28     or representation made by a registered hearing aid dealer and
    29     fitter in connection with the practice of fitting and selling
    30     of this hearing aid, is not an examination, diagnosis, or
    19750H0164B0169                 - 13 -

     1     prescription by a person licensed to practice medicine in
     2     this State or by a certified audiologist and therefore must
     3     not be regarded as medical opinion or professional advice."
     4     Section 405.  Referral to Physician.--Whenever any of the
     5  following conditions are found to exist either from observations
     6  by the registrant or on the basis of information furnished by
     7  the prospective hearing aid user, a registrant shall, prior to
     8  fitting and selling a hearing aid to any individual, suggest to
     9  that individual in writing that his best interests would be
    10  served if he would consult a licensed physician specializing in
    11  diseases of the ear, or if no such licensed physician is
    12  available in the community, then to a duly licensed physician:
    13     (1)  Visible congenital or traumatic deformity of the ear.
    14     (2)  History of or active drainage from the ear within the
    15  previous 90 days.
    16     (3)  History of sudden or rapidly progressive hearing loss
    17  within the previous 90 days.
    18     (4)  Acute or chronic dizziness.
    19     (5)  Unilateral hearing loss of sudden or recent onset within
    20  the previous 90 days.
    21     (6)  Visible evidence of cerumen accumulation or a foreign
    22  body in the ear canal.
    23     (7)  Discrimination impairment exceeding criteria when such
    24  criteria are recommended by the department and promulgated by
    25  the secretary.
    26     Section 406.  Sale to Minors.--No hearing aid shall be sold
    27  by an individual registered under this act to a person 16 years
    28  of age or younger, unless within the proceeding 6 months a
    29  recommendation for a hearing aid has been made by both a
    30  physician specializing in otolaryngology and by an audiologist.
    19750H0164B0169                 - 14 -

     1  A replacement of an identical hearing aid within 6 months shall
     2  be an exception to this requirement.
     3     Section 407.  Records.--A registrant shall, upon the
     4  consummation of a sale of a hearing aid, keep and maintain
     5  records in his office or place of business at all times and each
     6  such record shall be kept and maintained for a 7-year period.
     7  These records shall include:
     8     (1)  Results of test techniques as they pertain to fitting of
     9  the hearing aid.
    10     (2)  A copy of the written receipt required by section 404
    11  and the written recommendation and receipt required by section
    12  405 when applicable.
    13                             ARTICLE V
    14           Suspension, Revocation, Penalties, Injunction
    15     Section 501.  Causes for Denial, Suspension or Revocation of
    16  Certificate.--The secretary may deny, suspend, or revoke a
    17  registration certificate or impose conditions of probation upon
    18  a registrant for any of the following causes:
    19     (1)  Gross incompetency which includes, but is not limited
    20  to, the improper or unnecessary fitting of a hearing aid.
    21     (2)  Conviction of any felony or misdemeanor involving moral
    22  turpitude.
    23     (3)  Obtaining a registration certificate by fraud or deceit.
    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 sells hearing aids,
    27  unless authorized by law.
    28     (5)  Fraud or misrepresentation in the repair, fitting or
    29  selling of a hearing aid.
    30     (6)  The employment, to perform any act covered by the
    19750H0164B0169                 - 15 -

     1  provisions of this act, or any person whose registration
     2  certificate has been suspended or who does not possess a valid
     3  registration certificate issued under this act.
     4     (7)  Habitual intemperance.
     5     (8)  Gross immorality.
     6     (9)  Permitting another to use his or her registration
     7  certificate for any purpose.
     8     (10)  Violate any provision of this act or any rules or
     9  regulations duly promulgated under this act.
    10     (11)  Any cause which would be grounds for denial of an
    11  application for a registration certificate.
    12     (12)  Be enjoined from violating any provision of the act of
    13  December 17, 1968 (P.L.1224, No.387), known as the "Unfair Trade
    14  Practices and Consumer Protection Law," or be subject to a final
    15  order of the Federal Trade Commission, the Pennsylvania
    16  Department of Health, or the Food and Drug Administration of the
    17  United States Department of Health, Education and Welfare
    18  concerning the sale or offering for sale of unsafe, unhealthful
    19  or worthless hearing devices or for engaging in conduct which
    20  has the tendency to mislead or deceive.
    21     Section 502.  Notice of Denial.--Upon denial of an
    22  application for a registration certificate, the secretary shall
    23  notify the applicant in writing, stating:
    24     (1)  The reason for the denial.
    25     (2)  That the applicant has a right to a hearing if he makes
    26  written request therefore within 60 days after notice of denial.
    27  Service of the notice required by this section may be made by
    28  certified mail addressed to the applicant at the latest address
    29  filed by the applicant in writing with the department in the
    30  application or otherwise.
    19750H0164B0169                 - 16 -

     1     Section 503.  Investigations and Proceedings.--The Secretary
     2  of Health or the Attorney General shall initiate any
     3  disciplinary investigations and proceedings for violation of
     4  this act and the Secretary of Health shall suspend, revoke, or
     5  impose probationary conditions upon any registrant violating
     6  this act.
     7     Section 504.  Additional Examination.--Before setting aside
     8  the revocation or suspension of any registrant, the secretary
     9  may require the applicant to pass the regular examination given
    10  for applicants for registration certificates.
    11     Section 505.  Unlawful Acts.--It is unlawful:
    12     (1)  To sell or barter, or offer to sell or barter any
    13  registration certificate issued by the department.
    14     (2)  To purchase or procure by barter any registration
    15  certificate issued by the department with intent to use the same
    16  as evidence of the holder's qualification to practice the
    17  fitting and selling of hearing aids.
    18     (3)  To alter with fraudulent intent in any material
    19  regarding a registration certificate issued by the department.
    20     (4)  To use or attempt to use any registration certificate
    21  issued by the department which has been purchased, fraudulently
    22  issued, counterfeited, or materially altered as a valid
    23  registration certificate.
    24     (5)  To engage in the practice of fitting and selling hearing
    25  aids under a false or assumed name except as provided in section
    26  309.
    27     (6)  To willfully make any false statement in a material
    28  regard in an application for an examination before the
    29  department for a registration certificate.
    30     (7)  To engage in the practice of fitting and selling hearing
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     1  aids in this Commonwealth without having at the time of so doing
     2  a valid unrevoked and unexpired registration certificate or
     3  temporary registration certificate.
     4     (8)  To advertise by displaying a sign or otherwise or hold
     5  oneself out to be a person engaged in the practice of fitting
     6  and selling hearing aids without having at the time of so doing
     7  a valid, unrevoked registration certificate.
     8     Section 506.  Penalty.--Any person who violates any of the
     9  provisions of this act is guilty of a misdemeanor of the third
    10  degree and, upon conviction thereof, shall be punished by
    11  imprisonment for not more than 1 year, or to pay a fine of not
    12  more than $2,500 or both.
    13     Section 507.  Injunctions.--In addition to other proceedings
    14  provided for in this act, whenever any person has engaged, or is
    15  about to engage in any acts or practices which constitute an
    16  offense against this act, the court of common pleas for the
    17  county wherein the acts or practices take place or are about to
    18  take place, or the Commonwealth Court of Pennsylvania, may issue
    19  an injunction or other appropriate order, restraining such
    20  conduct on application of the department, the Attorney General,
    21  or the district attorney of the county.
    22                             ARTICLE VI
    23                Date of Application; Effective Date
    24     Section 601.  Date of Application.--Notwithstanding any other
    25  provision of this act, persons subject to this act shall have a
    26  period of 2 years from the effective date hereof in which to
    27  comply with this act; and, no disciplinary or penal action shall
    28  be taken against any person for a period of 2 years from the
    29  effective date of this act.
    30     Section 602.  Effective Date.--The provisions of this act
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     1  shall take effect immediately.




















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