PRIOR PRINTER'S NOS. 621, 1625 PRINTER'S NO. 1793
No. 558 Session of 1997
INTRODUCED BY BATTISTO, ITKIN, COY, COLAFELLA, CORRIGAN,
JOSEPHS, SHANER, BELARDI, BELFANTI, RAMOS, HALUSKA, MELIO,
LEDERER, DALEY, YOUNGBLOOD, TRELLO, E. Z. TAYLOR AND STERN,
FEBRUARY 12, 1997
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 12, 1997
AN ACT
1 Amending the act of November 24, 1976 (P.L.1182, No.262),
2 entitled "An act relating to the dispensing and sale of
3 hearing aids, providing for the registration and regulation
4 of hearing aid fitters and dealers, making certain acts
5 illegal, prescribing penalties and making an appropriation,"
6 providing for medical examination and for the return of a
7 hearing aid.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 403 of the act of November 24, 1976
11 (P.L.1182, No.262), known as the Hearing Aid Sales Registration
12 Law, is amended to read:
13 Section 403. Medical Examination.--No hearing aid is to be
14 sold to any individual unless, within the preceding six months,
15 the individual has been examined by an otologist or
16 otolaryngologist or any licensed physician, and a written
17 recommendation has been made by such physician that the use of a
18 hearing aid may be beneficial to the physician's patient.
19 This section does not apply to (i) the replacement of parts
1 or accessories or of a worn out or damaged hearing aid, or (ii)
2 any individual who signs a written waiver as set forth in this
3 section. A waiver signed by a resident of a nursing home
4 licensed under the act of June 13, 1967 (P.L.31, No.21), known <--
5 as the "Public Welfare Code," ACT OF JULY 19, 1979 (P.L.130, <--
6 NO.48), KNOWN AS THE "HEALTH CARE FACILITIES ACT," shall be
7 void. The waiver form must be in at least ten-point type. The
8 waiver must be read and explained in such a manner that the
9 purchaser will be thoroughly aware of the consequences of
10 signing the waiver. The waiver form shall read as follows:
11 "I have been advised that my best interests would be
12 served if I had a medical examination by an otologist or
13 otolaryngologist or any licensed physician before my purchase
14 of a hearing aid.
15 ________________________ has fully and clearly informed me
16 (Registrant's Name)
17 of the value of such medical examination. After such
18 explanation, I voluntarily sign this waiver. I choose not to
19 seek a medical examination before the purchase of the
20 hearing aid."
21 _________________________ _______________________
22 (Signature of Registrant) (Signature of Purchaser)
23 Section 2. The act is amended by adding a section to read:
24 Section 504.1. Return of Hearing Aid.--(a) No hearing aid
25 shall be sold to any person unless accompanied by a 30-day money
26 back written guarantee providing that if the person returns the
27 hearing aid in the same condition, ordinary wear and tear
28 excluded, as when purchased within 30 days, the customer shall
29 be entitled to the return of the cost of the hearing aid and
30 accessories as itemized on the receipt provided under section
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1 504.
2 (b) A hearing aid that has been refinished and totally
3 reconditioned by the manufacturer or by the manufacturer's agent
4 and the manufacturer or manufacturer's agent certifies that the
5 hearing aid meets all the acoustical standards of a new hearing
6 aid and is in all other respects the equivalent of a new hearing
7 aid with all warranties and guarantees that accompany a new
8 hearing aid, shall be considered to be a new hearing aid and so
9 designated and shall be subject to the right of return under
10 subsection (a).
11 (c) Notwithstanding the provisions of subsection (a), a
12 hearing aid dealer may retain as a cancellation fee for return
13 of a hearing aid a charge of 10% of the purchase price up to a
14 maximum of $200.
15 (d) The department shall promulgate rules and regulations to
16 administer and enforce this section.
17 Section 3. This act shall take effect in 60 days.
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