PRINTER'S NO. 169
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 19750H0164B0169 - 2 -
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 19750H0164B0169 - 4 -
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 19750H0164B0169 - 5 -
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 19750H0164B0169 - 7 -
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 19750H0164B0169 - 8 -
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 19750H0164B0169 - 10 -
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 19750H0164B0169 - 11 -
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 19750H0164B0169 - 17 -
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 19750H0164B0169 - 18 -
1 shall take effect immediately. A6L31RLC/19750H0164B0169 - 19 -