PRINTER'S NO. 2412
No. 1880 Session of 1975
INTRODUCED BY SCHMITT, McCUE, PERRY, REED, PRATT, MILLIRON,
A. K. HUTCHINSON, LAUGHLIN, COHEN, GILLETTE, TOLL, MRKONIC,
COWELL, ABRAHAM, BRUNNER, ROSS, CESSAR, KNEPPER, TAYLOR AND
BONETTO, OCTOBER 16, 1975
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, OCTOBER 21, 1975
AN ACT
1 Relating to the dispensing and sale of hearing aids, providing
2 for the registration and regulation of hearing aid fitters
3 and dealers, making certain acts illegal, prescribing
4 penalties and making an appropriation.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 ARTICLE I
8 Short Title; Application; Definitions
9 Section 101. Short Title.--This act shall be known and may
10 be cited as the "Hearing Aid Sales Registration Law."
11 Section 102. Application.--(a) Except as hereinafter
12 provided, it shall be unlawful for any person to engage in the
13 sale of or practice of fitting hearing aids or display a sign or
14 in any other way to advertise, represent or hold himself out as
15 a hearing aid dealer or fitter, unless he shall first have
16 registered pursuant to the provisions of this act.
17 (b) Nothing in this act shall prohibit any person from
18 maintaining an established business address or from engaging in
1 the business of selling or offering for sale hearing aids to the
2 users thereof without being registered as a hearing aid fitter:
3 Provided, That said person employs only persons registered under
4 this act as hearing aid dealers and fitters in the direct sale
5 and fitting of such products and that said person shall have
6 registered as a hearing aid dealer under this act. All dealers
7 shall file annually with the department a list of all registered
8 hearing aid dealers and fitters directly or indirectly employed
9 by him.
10 (c) No individual purchasing a hearing aid from any dealer
11 or fitter may waive the protection or benefits afforded him
12 under any provision of this act, except as specifically set
13 forth herein.
14 (d) Prior law exclusively governs all suits, actions,
15 prosecutions or proceedings which are pending or may be
16 initiated on the basis of facts or circumstances occurring
17 before the effective date of this act.
18 Section 103. Definitions.--As used in this act:
19 "Advertise," and any of its variants, means the use of a
20 newspaper, magazine or other publication, book, notice,
21 circular, pamphlet, letter, handbill, poster, sign, placard,
22 card, label, tag, window display, store sign, radio, television
23 announcement, or any other means or methods now or hereafter
24 employed to bring to the attention of the public the practice of
25 fitting and sale of hearing aids.
26 "Audiologist" means a person holding the Certificate of
27 Clinical Competence in Audiology awarded by the American Speech
28 and Hearing Association or one who can provide evidence of
29 having successfully completed equivalent academic training and
30 clinical experience.
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1 "Business of selling hearing aids" means selling, leasing, or
2 offering for sale or lease new, used, or reconditioned hearing
3 aids exclusive of parts, attachments, or accessories, at retail,
4 either as exact replacements for damaged or worn out units or
5 pursuant to written specifications provided by an audiologist,
6 otologist, or otolaryngologist.
7 "Conviction" means a plea, verdict of guilty, or a conviction
8 following a plea of nolo contendere, made to a charge of a crime
9 involving moral turpitude.
10 "Department" means the Department of Health of the
11 Commonwealth of Pennsylvania.
12 "Fitting" includes the physical acts of adjusting the hearing
13 aid to the individual, taking audiograms, and making ear molds,
14 advising the individual with respect to hearing aids, audiogram
15 interpretation, and assisting in the selection of a suitable
16 hearing aid for the sole purpose of the sale of a hearing aid.
17 "Hearing aid" means any wearable instrument or device
18 designed for or offered for the purpose of aiding or
19 compensating for impaired human hearing together with any parts,
20 attachments, or accessories for such device, including ear molds
21 but excluding batteries and cords.
22 "Hearing aid dealer" or "dealer" means any person engaged in
23 the business of selling hearing aids.
24 "Hearing aid fitter" or "fitter" means any individual engaged
25 in the practice of fitting and selling hearing aids.
26 "Practice of fitting and selling hearing aids" means those
27 practices used solely for the purpose of making selections,
28 adaptations and sale of hearing aids.
29 "Registrant" means a dealer or fitter holding a certificate
30 of registration.
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1 "Secretary" means the Secretary of the Department of Health
2 of the Commonwealth of Pennsylvania.
3 ARTICLE II
4 Duties of Department
5 Section 201. Advisory Council.--There is hereby created an
6 advisory council, which shall advise the department in
7 administering this act. The council shall consist of eight
8 individuals appointed by the Governor, three of whom shall be
9 hearing aid fitters registered under this act with at least
10 three years experience in the Commonwealth, one of whom shall be
11 a hearing aid dealer registered under this act with at least
12 three years experience in the Commonwealth. The remaining four
13 shall consist of a physician specializing in disorders of the
14 ear, an audiologist, and two public members who shall represent
15 the interest of the general public.
16 The terms of office of members of the council shall be three
17 years or until their successors are qualified. Any vacancy of
18 the council shall be filled for the remainder of the unexpired
19 term, in the same manner as the original appointments.
20 Members of the council shall receive no compensation, but
21 shall be entitled to reimbursement for actual expenses incurred
22 in the performance of duties under this act.
23 Section 202. Examinations.--The department shall prepare,
24 approve, grade and conduct examinations of applicants for a
25 hearing aid fitter's certificate of registration. The department
26 may provide that the preparation and grading of the examination
27 be conducted by a competent person or organization other than
28 the department: Provided, however, That the department shall
29 establish the guidelines for the examination, and shall approve
30 the actual examination.
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1 Section 203. Records.--The department shall keep a record of
2 all prosecutions for violations of this act, and of all
3 examinations held for applicants for a registration certificate
4 together with the names and addresses of all persons taking
5 examinations and of their success or failure to pass such
6 examinations.
7 Section 204. Publishing Information.--The department may
8 publish and distribute information concerning the examination
9 requirements for obtaining a fitter's registration certificate
10 to engage in the practice of fitting and selling hearing aids
11 within this Commonwealth.
12 Section 205. Rules and Regulations.--The department shall
13 make and promulgate rules and regulations as may be necessary to
14 enable it to carry into effect the provisions of this act. Such
15 rules and regulations shall be adopted, or repealed, in
16 accordance with the provisions of the act of July 31, 1968
17 (P.L.769, No.240), known as the "Commonwealth Documents Law,"
18 and, when duly promulgated thereunder, such rules and
19 regulations shall have the force and effect of the law.
20 Section 206. Administration of Act.--The Attorney General
21 may prosecute any and all persons guilty of violating any of the
22 provisions of this act or the rules and regulations thereunder.
23 The department may employ the personnel necessary to administer
24 the provisions of this act and may incur such other expenses as
25 are necessary for the administration of this act. Inspections or
26 investigations made pursuant to the provisions of this act shall
27 be made by personnel from the department, or by the Attorney
28 General, or by local law enforcement authorities.
29 ARTICLE III
30 Registration
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1 Section 301. Applications.--Each person desiring to obtain a
2 registration certificate from the department to engage in the
3 practice of fitting and selling hearing aids or in the business
4 of selling hearing aids shall make application to the
5 department. The application shall be made upon a form approved
6 by the secretary and shall be made in such manner as is provided
7 by the department and shall be accompanied by the appropriate
8 fee.
9 Section 302. Applicant Qualifications.--The secretary may
10 require proof concerning the honesty, truthfulness and good
11 reputation of the applicant, and in addition, shall ascertain
12 that the applicant for a hearing aid fitter's certificate has a
13 thorough knowledge of the following areas demonstrated by
14 passing a practical examination compiled by the department:
15 (1) The anatomy and physiology of the ear.
16 (2) The function of hearing aids.
17 (3) The knowledge and understanding of the grounds for
18 revocation, suspension or probation of the registrant as
19 outlined in this act.
20 (4) The knowledge and understanding of criminal offenses as
21 outlined in this act.
22 (5) The procedures and use of equipment established by the
23 department for the fitting and selling of hearing aids.
24 (6) Taking ear mold impressions.
25 (7) Evidence of knowledge regarding the medical and
26 rehabilitation facilities for children and adults that are
27 available in the areas served.
28 (8) A knowledge of criteria for medical referral when found
29 to exist either from observation by the registrant or on the
30 basis of information furnished by the prospective hearing aid
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1 user to include the following:
2 (i) Visible congenital or traumatic deformity of the ear.
3 (ii) History of or active drainage of the ear within the
4 previous 90 days.
5 (iii) History of sudden or rapidly progressive hearing loss
6 within the previous 90 days.
7 (iv) Acute or chronic dizziness.
8 (v) Unilateral hearing loss of sudden or recent onset within
9 the previous 90 days.
10 (vi) Visible evidence of cerumen accumulation or a foreign
11 body in the ear canal.
12 Section 303. Time of Examination.--Examinations shall be
13 held by the department at least twice a year with such
14 additional examinations as the secretary may direct. The time
15 and place of any examination shall be fixed by the secretary at
16 least 45 days prior to the date it is to be held.
17 Section 304. Failure to Pass Examination.--No applicant
18 shall be eligible for a hearing aid fitter's registration
19 certificate who fails to obtain an average predetermined by the
20 secretary in every subject upon which he is examined. In case
21 any applicant fails to pass an examination, he shall be examined
22 at the next or any succeeding examination, in compliance with
23 this section only in the subject area in which he failed to
24 obtain an average as determined by the secretary.
25 Section 305. Issuance of Registration Certificate.--The
26 secretary shall issue a registration certificate to all
27 applicants who have satisfied the requirements of this act and
28 paid the appropriate fees. No hearing aid fitter's registration
29 certificate shall be issued to any person other than an
30 individual.
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1 Section 306. Temporary Hearing Aid Fitter's Registration
2 Certificate.--(a) An applicant who has fulfilled the
3 requirements, has made application, and proves to the
4 satisfaction of the department that he has been engaged in the
5 fitting and selling of hearing aids at an established place of
6 business in a state other than the Commonwealth of Pennsylvania
7 for a period of two years within a five-year period immediately
8 prior to his application, may have a temporary fitter's
9 registration certificate issued to him which shall be valid and
10 effective for a period ending 30 days after the conclusion of a
11 qualifying examination given not earlier than 90 days after the
12 date of issue of such temporary fitter's registration
13 certificate, but not later than one year after the date of issue
14 of such temporary fitter's registration certificate.
15 (b) An applicant who has fulfilled the requirements of
16 section 301 and has made application therefor, and who proves to
17 the satisfaction of the department that he will be supervised
18 and trained by a person who holds a valid fitter's registration
19 certificate issued pursuant to the provisions of section 305 or
20 subsection (a) may have an apprentice fitter's registration
21 certificate issued to him which shall entitle him to be engaged,
22 under such supervision, in the fitting and selling of hearing
23 aids for the following periods:
24 Period 1 - The trainee shall work for two months under the
25 direct and personal supervision of, and in the same office as
26 the sponsor fitter registrant. During this stage, the trainee
27 may do testing for the proper selection and fitting of hearing
28 aids and make ear impressions, but the final testing and final
29 fitting for sale of a hearing aid must be approved by the
30 sponsor fitter registrant.
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1 Period 2 - This training stage lasts for four months or until
2 the time the next examination thereafter is given, whichever is
3 longer. During this time, the trainee may engage in all the
4 activities of a fitter registrant, but shall work under the
5 direct supervision of the sponsor fitter registrant.
6 These two periods described above shall be completed with no
7 time lapse between periods except as authorized by the
8 department for justifiable cause shown by the trainee or sponsor
9 or both.
10 A trainee who desires to change sponsors shall furnish the
11 department with a sworn request giving reasons for the request
12 accompanied by a sworn statement from the new sponsor with the
13 undertakings required by this act, and accompanied by the
14 trainee's temporary certificate of registration. If the transfer
15 is approved, the certificate will be revalidated without charge.
16 If the sponsor desires to terminate responsibilities he has
17 undertaken with regard to a trainee, he shall give the trainee
18 ten days written notice, giving reasons, and shall notify the
19 department accordingly by certified mail.
20 On completion of the two periods described in this
21 subsection, the trainee shall take the qualifying examination
22 given by the department and upon passing that examination, shall
23 receive a fitter's certificate of registration.
24 No trainee shall perform any hearing health services for a
25 customer without the customer being informed that such services
26 are being performed by a trainee rather than by a fitter
27 registrant. Such notice shall be given verbally by the trainee.
28 In each case, records shall be kept by the registrant showing
29 the particular service performed by the trainee. Such temporary
30 registration fitter's certificate shall be effective and valid
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1 only while the applicant remains under the direct supervision of
2 a person who holds a valid fitter's registration certificate
3 issued pursuant to the provisions of section 305 or subsection
4 (a). Such registrant shall be responsible for the supervision
5 and training of such fitter applicant.
6 Section 307. Reciprocal Registration.--(a) Whenever the
7 department determines that another state or jurisdiction has
8 requirements equivalent to or higher than those in effect
9 pursuant to this act and that such state or jurisdiction has a
10 program equivalent to or stricter than the program for
11 determining whether applicants to this act are qualified as a
12 hearing aid dealer or fitter, the secretary may issue
13 certificates of endorsement to applicants who hold current,
14 unsuspended and unrevoked certificates or licenses to sell or
15 fit and sell hearing aids in such other state or jurisdiction.
16 No such applicants for certificate of endorsement shall be
17 required to submit to or undergo a qualifying examination or
18 requirements other than the payment of fees. The holder of a
19 certificate of endorsement shall be registered in the same
20 manner as registrants. The fee for an initial certificate of
21 endorsement shall be the same as the fee for an initial
22 registration certificate. Fees, grounds for renewal and
23 procedures for the suspension and revocation of certificates of
24 endorsement shall be the same as for renewal, suspension and
25 revocation of a registration certificate. Such reciprocity
26 provision shall not, however, apply where the state or
27 jurisdiction of the individuals seeking such certificate of
28 endorsement does not extend like reciprocity to an individual
29 registered by this Commonwealth under this act.
30 (b) If a person who holds a fitter's temporary or apprentice
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1 registration certificate issued under the provisions of this
2 act, takes and fails to pass the qualifying examination referred
3 to in this section, the secretary may renew the fitter's
4 temporary registration certificates for a period ending 30 days
5 after the conclusion of the next qualifying examination given
6 after the date of renewal. The secretary shall not issue more
7 than two renewals of such fitter's temporary registration
8 certificate to any applicant, except upon petition by an
9 applicant for good and sufficient cause shown.
10 Section 308. Persons Excluded from Registration.--(a) This
11 act does not apply to a person engaged in the practice of
12 fitting hearing aids if his practice is for a governmental
13 agency, or private clinic, or is part of the academic curriculum
14 of an accredited institution of higher education, or part of a
15 program conducted by a public, charitable institution or other
16 nonprofit organization, and who does not engage directly or
17 indirectly in the sale or offering for sale of hearing aids.
18 (b) This act does not apply nor affect any physician or
19 surgeon licensed under appropriate licensing laws, who does not
20 directly or indirectly engage in the sale or offering for sale
21 of hearing aids, nor to any audiologist or to an individual
22 supervised by such audiologist in conducting fitting procedures
23 and who does not directly or indirectly engage in the sale or
24 offering for sale of hearing aids.
25 Section 309. Fictitious Names.--Every person applying for a
26 registration certificate who desires to have a certificate
27 issued under a fictitious name shall file with his application
28 certified copies of the entry made in the register by the county
29 clerk, the Secretary of State, and the affidavit of publication
30 made pursuant to the provisions of the act of May 24, 1945
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1 (P.L.967, No.380), relating to fictitious names, if such
2 applicant is an individual, proprietorship, partnership or
3 unincorporated association, or pursuant to the act of July 11,
4 1957 (P.L.783, No.374), known as the "Fictitious Corporate Name
5 Act," if such applicant is a corporation.
6 Section 310. Expiration Date.--Registration certificates
7 issued under this act expire at midnight on April 15 of each
8 year thereafter if not renewed. To renew an unexpired
9 registration certificate the registrant shall, before the time
10 at which the certificate would otherwise expire, apply for
11 renewal on a form prescribed by the secretary and pay the
12 renewal fee prescribed by this act.
13 Section 311. Renewal of Registration Certificate.--Except as
14 otherwise provided in this act, an expired registration
15 certificate may be renewed at any time within five years after
16 its expiration on filing of an application for renewal on a form
17 prescribed by the secretary, and payment of the renewal fee in
18 effect on the last renewal date. If the registration certificate
19 is renewed more than 30 days after its expiration, the
20 registrant, as a condition precedent to renewal, shall also pay
21 the delinquency fee. Renewal under this section shall be
22 effective on the date on which the application is filed, on the
23 date on which the renewal fee is paid or whichever last occurs.
24 If so renewed, the registration certificate shall continue in
25 effect through the date provided in section 310 which next
26 occurs after the effective date of the renewal, when it shall
27 expire if it is not again renewed.
28 Section 312. No Hearing Aid Fitter's Registration Required
29 Until Examinations Administered.--In any case, no fitter's
30 registration certificate will be required under the provisions
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1 of this act until such time as the department has prepared and
2 administered the examination required by this act on at least
3 three occasions separated by at least a one-year period.
4 Section 313. Expiration of Suspended Registration
5 Certificate.--A registration certificate which has been
6 suspended is subject to expiration and shall be renewed as
7 provided in this act, but such renewal does not entitle the
8 holder of the registration certificate while it remains
9 suspended and until it is reinstated, to engage in the business
10 of selling or in the practice of fitting and selling of hearing
11 aids, or in any other activity or conduct in violation of the
12 order or judgment by which the registration certificate was
13 suspended. A registration certificate which has been revoked is
14 subject to expiration, but it may not be renewed. If it is
15 reinstated after its expiration, the registrant as a condition
16 precedent to its reinstatement, shall pay a reinstatement fee in
17 an amount equal to the renewal fee in effect on the last regular
18 renewal date before the date on which it is reinstated, plus the
19 delinquency fee, if any, accrued at the time of its revocation.
20 Section 314. Failure to Renew.--A registration certificate
21 which is not renewed within five years after its expiration may
22 not be renewed, restored, reissued, or reinstated.
23 Section 315. Fees.--The amount of fees prescribed by this
24 act are those fixed in the following schedule:
25 (1) The fee for applicants applying for the first time for a
26 registration certificate is $100 which shall not be refunded,
27 except to applicants who are found to be ineligible to take an
28 examination for a fitter's registration certificate; those
29 applicants are entitled to a refund of $75.
30 (2) The fee for an applicant for an apprentice fitter's
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1 registration certificate is $25. The additional fee for such
2 applicant upon taking the qualifying examination, is $75.
3 (3) The fee for applicants for a fitter's registration
4 certificate who have failed a previous examination is $25 for
5 each 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
10 October 15 of any year. If it is issued on or after October 15,
11 the initial 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 act is $5.
18 ARTICLE IV
19 Referral and Medical Examination
20 Section 401. Misrepresentation of Registrant's Relationship
21 with Purchaser.--The registrant shall, at the outset of his
22 relationship with the potential purchaser, advise such person
23 that any examination or representation made by a registered
24 hearing aid dealer or fitter in connection with the practice of
25 fitting and selling of his hearing aid is not an examination,
26 diagnosis or prescription by a person licensed to practice
27 medicine in this Commonwealth and, therefore, must not be
28 regarded as a medical opinion.
29 Section 402. Referral to Physician.--Whenever any of the
30 following conditions are found to exist either from observations
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1 by the registrant or on the basis of information furnished by
2 the prospective hearing aid user, a registrant shall, prior to
3 fitting and selling a hearing aid to any individual, suggest to
4 that individual in writing that his best interests would be
5 served if he would consult a licensed physician specializing in
6 diseases of the ear, or if no such licensed physician is
7 available, then to a duly licensed physician:
8 (1) Visible congenital or traumatic deformity of the ear.
9 (2) History of or active drainage from the ear within the
10 previous 90 days.
11 (3) History of sudden or rapidly progressive hearing loss
12 within the previous 90 days.
13 (4) Acute or chronic dizziness.
14 (5) Unilateral hearing loss of sudden or recent onset within
15 the previous 90 days.
16 (6) Visible evidence of cerumen accumulation or a foreign
17 body in the ear canal.
18 (7) Discrimination impairment exceeding criteria when such
19 criteria are recommended by the department and promulgated by
20 the secretary.
21 Whenever any of the aforementioned conditions are found to
22 exist either from observations by the registrant or on the basis
23 of information furnished by the prospective hearing aid user,
24 the registrant shall not sell or fit a hearing aid to such
25 person without a written recommendation from a licensed
26 physician that a hearing aid may be beneficial to such person.
27 Section 403. Medical Examination.--No hearing aid is to be
28 sold to any individual unless, within the preceding six months,
29 the individual has been examined by an otologist or
30 otolaryngologist or any licensed physician, and a written
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1 recommendation has been made by such physician that the use of a
2 hearing aid may be beneficial to the physician's patient.
3 This section does not apply to (i) the replacement of parts
4 or accessories or of a worn out or damaged hearing aid, or (ii)
5 any individual who signs a written waiver as set forth in this
6 section. The waiver form must be in at least ten-point type. The
7 waiver must be read and explained in such a manner that the
8 purchaser will be thoroughly aware of the consequences of
9 signing the waiver. The waiver form shall read as follows:
10 "I have been advised that my best interests would be
11 served if I had a medical examination by an otologist or
12 otolaryngologist or any licensed physician before my purchase
13 of a hearing aid.
14 ________________________ has fully and clearly informed me
15 (Registrant's Name)
16 of the consequences that may result through my failure to
17 seek medical examination. After such explanation, I
18 voluntarily sign this waiver. I choose not to seek a medical
19 examination before the purchase of the hearing aid."
20 _______________________ _______________________
21 (Signature of Registrant) (Signature of Purchaser)
22 ARTICLE V
23 Duties of Registrants
24 Section 501. Address of Registrant.--Before engaging in the
25 business of selling or the practice of fitting and selling
26 hearing aids, each registrant shall notify the department in
27 writing of the address or addresses where he is to engage, or
28 intends to engage in the selling or fitting and selling of
29 hearing aids, and, also, of any changes in such address or
30 addresses. Any notice required to be given by the department to
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1 a registrant may be given by United States mail to such address,
2 postage thereon prepaid.
3 Section 502. Display of Certificate.--Each holder of a
4 registration certificate shall keep it conspicuously posted in
5 his office or place of business at all times.
6 Section 503. Branch Offices; Duplicate Certificates.--If a
7 registrant maintains more than one place of business within this
8 State, he shall apply for and procure a duplicate registration
9 certificate for each branch office so maintained by him. Such
10 application shall state the name of the person and the location
11 of the place or places of business for which such duplicate
12 registration certificate is desired.
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
21 registrant.
22 (4) A statement to the effect that the aid or aids delivered
23 to the purchaser are used or reconditioned, as the case may be,
24 if that is the fact.
25 (5) The number of the registrant's registration certificate.
26 (6) The terms of any guarantee or express warranty, if any,
27 made to the purchaser with respect to such hearing aid or
28 hearing aids.
29 (7) Such receipt shall bear, or have attached to it in no
30 smaller than ten-point type the following:
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1 "The purchaser has been advised at the outset of his
2 relationship with the hearing aid dealer that any examination
3 or representation made by a registered hearing aid dealer and
4 fitter in connection with the practice of fitting and selling
5 of this hearing aid, is not an examination, diagnosis, or
6 prescription by a person licensed to practice medicine in
7 this Commonwealth and therefore must not be regarded as
8 medical opinion."
9 Section 505. Facilities and Procedures.--(a) No registered
10 hearing aid fitter shall engage in the practice of fitting and
11 selling hearing aids unless he shall maintain his place of
12 business so as to provide equipment and facilities as follows:
13 (1) Access to a selection of hearing aid models, supplies,
14 and accessories sufficient to provide for the immediate needs of
15 customers.
16 (2) An audiometer conforming at all times to specifications
17 for pure-tone and speech diagnostic audiometers as established
18 by the department, and subject to periodic inspection and
19 calibration by the department.
20 (b) No registered hearing aid fitter shall fit or sell a
21 hearing aid to any individual unless he shall have complied with
22 the following procedures, employing equipment as described in
23 this section:
24 (1) Pure-tone audiometric testing by air and bone
25 conduction, using masking where required.
26 (2) Such testing as shall reliably determine speech
27 discrimination, speech reception threshold, most comfortable
28 sound tolerance level, and selection of the appropriate ear for
29 fitting, so as to provide maximum benefit from use of a hearing
30 aid.
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1 (3) Final fitting of the instrument so as to insure physical
2 and operational comfort.
3 Section 506. Sale to Minors.--No hearing aid shall be sold
4 by an individual registered under this act to a person 18 years
5 of age or younger, unless within the preceding six months a
6 recommendation for a hearing aid has been made by both a
7 physician specializing in otolaryngology and by an audiologist.
8 A replacement of an identical hearing aid within six months
9 shall be an exception to this requirement.
10 Section 507. Records.--A registrant shall, upon the
11 consummation of a sale of a hearing aid, keep and maintain
12 records in his office or place of business at all times and each
13 such record shall be kept and maintained for a seven-year
14 period. These records shall include:
15 (1) Results of test techniques as they pertain to fitting of
16 the hearing aid.
17 (2) A copy of the written receipt required by section 504
18 and the written recommendation and waiver required by Article
19 IV.
20 ARTICLE VI
21 Suspension; Revocation; Penalties; Injunction
22 Section 601. Causes for Denial, Suspension or Revocation of
23 Certificate.--The secretary may deny, suspend, or revoke a
24 registration certificate or impose conditions of probation upon
25 a registrant for any of the following causes:
26 (1) Gross incompetency which includes, but is not limited
27 to, the improper or unnecessary fitting of a hearing aid.
28 (2) Conviction of any felony or misdemeanor involving moral
29 turpitude.
30 (3) Obtaining a registration certificate by fraud or deceit.
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1 (4) Use of the term "doctor" or "physician" or "clinic" or
2 "audiologist" or any derivation thereof, as part of the firm
3 name under which the registrant fits and sells hearing aids,
4 unless authorized by law.
5 (5) Fraud or misrepresentation in the repair, fitting or
6 selling of a hearing aid.
7 (6) The employment, to perform any act covered by the
8 provisions of this act, of any person whose registration
9 certificate has been suspended or who does not possess a valid
10 registration certificate issued under this act.
11 (7) Habitual intemperance.
12 (8) Gross immorality.
13 (9) Permitting another to use his or her registration
14 certificate for any purpose.
15 (10) Violate or permit, with notice or knowledge of its
16 commission, the violation by any registered employee of any
17 provision of this act or any rules or regulations duly
18 promulgated under this act.
19 (11) Any cause which would be grounds for denial of an
20 application for a registration certificate.
21 (12) Be enjoined from violating any provision of the act of
22 December 17, 1968 (P.L.1224, No.387), known as the "Unfair Trade
23 Practices and Consumer Protection Law," or be subject to a final
24 order of the Federal Trade Commission, the Pennsylvania
25 Department of Health, or the Food and Drug Administration of the
26 United States Department of Health, Education and Welfare
27 concerning the sale or offering for sale of unsafe, unhealthful
28 or worthless hearing devices or for engaging in conduct which
29 has the tendency to mislead or deceive.
30 Section 602. Notice of Denial.--Upon denial of an
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1 application for a registration certificate, the secretary shall
2 notify the applicant in writing, stating:
3 (1) The reason for the denial.
4 (2) That the applicant has a right to a hearing if he makes
5 written request therefore within 60 days after notice of denial.
6 Service of the notice required by this section shall be made by
7 certified mail addressed to the applicant at the latest address
8 filed by the applicant in writing with the department in the
9 application or otherwise.
10 Section 603. Investigations and Proceedings.--The Secretary
11 of Health or the Attorney General shall initiate any
12 disciplinary investigations and proceedings for violation of
13 this act and the Secretary of Health shall suspend, revoke, or
14 impose probationary conditions upon any registrant violating
15 this act.
16 Section 604. Additional Examination.--Before setting aside
17 the revocation or suspension of any registrant, the secretary
18 may require the applicant to pass the regular examination given
19 for applicants for registration certificates.
20 Section 605. Unlawful Acts.--It is unlawful:
21 (1) To sell or barter, or offer to sell or barter any
22 registration certificate issued by the department.
23 (2) To purchase or procure by barter any registration
24 certificate issued by the department with intent to use the same
25 as evidence of the holder's qualification to practice the
26 fitting and selling of hearing aids.
27 (3) To alter with fraudulent intent in any material manner a
28 registration certificate issued by the department.
29 (4) To use or attempt to use any registration certificate
30 issued by the department which has been purchased, fraudulently
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1 issued, counterfeited, or materially altered as a valid
2 registration certificate.
3 (5) To engage in the practice of fitting and selling hearing
4 aids under a false or assumed name except as provided in section
5 309.
6 (6) To wilfully make any false statement in a material
7 regard in an application for an examination before the
8 department for a registration certificate.
9 (7) To engage in the practice of fitting and selling hearing
10 aids in this Commonwealth without having at the time of so doing
11 a valid unrevoked and unexpired registration certificate or
12 temporary registration certificate.
13 (8) To advertise by displaying a sign or otherwise or hold
14 oneself out to be a person engaged in the business of selling or
15 the practice of fitting and selling hearing aids without having
16 at the time of so doing a valid, unrevoked registration
17 certificate.
18 Section 606. Penalty.--Any person who violates any of the
19 provisions of this act is guilty of a misdemeanor of the third
20 degree and, upon conviction thereof, shall be punished by
21 imprisonment for not more than one year, or to pay a fine of not
22 more than $2,500 or both.
23 Section 607. Injunctions.--In addition to other proceedings
24 provided for in this act, whenever any person has engaged, or is
25 about to engage in any acts or practices which constitute an
26 offense against this act, the court of common pleas for the
27 county wherein the acts or practices take place or are about to
28 take place, or the Commonwealth Court of Pennsylvania, may issue
29 an injunction or other appropriate order, restraining such
30 conduct on application of the department, the Attorney General,
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1 or the district attorney of the county.
2 ARTICLE VII
3 General Fund Appropriation
4 Section 701. Appropriation.--The sum of $27,500 for the
5 fiscal year ending June 30, 1976, is hereby appropriated to the
6 Department of Health for the administration of this act.
7 ARTICLE VIII
8 Date of Application; Effective Date
9 Section 801. Date of Application.--(a) Notwithstanding any
10 other provision of this act, hearing aid fitters subject to this
11 act shall have a period of two years from the effective date
12 hereof in which to comply with this act; and, no disciplinary or
13 penal action shall be taken against any such person for a period
14 of two years from the effective date of this act.
15 (b) Notwithstanding any other provisions of this act,
16 dealers subject to this act shall have a period of one year from
17 the effective date hereof in which to comply with this act; and,
18 no disciplinary or penal action shall be taken against any such
19 person for a period of one year from the effective date of this
20 act.
21 Section 802. Effective Date.--The provisions of this act
22 shall take effect immediately.
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