Representative Gage Froerer proposes the following substitute bill:


1     
HEARING INSTRUMENT SPECIALIST AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Gage Froerer

5     
Senate Sponsor: Aaron Osmond

6     

7     LONG TITLE
8     General Description:
9          This bill modifies the requirements for practicing as an audiologist or as a hearing
10     instrument specialist.
11     Highlighted Provisions:
12          This bill:
13          ▸     requires a licensed audiologist or a licensed hearing instrument specialist to inform
14     each patient about hearing instruments that work with assistive listening systems
15     when offering to sell the patient a hearing instrument; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          58-41-17, as enacted by Laws of Utah 1998, Chapter 249
24          58-46a-502, as enacted by Laws of Utah 1994, Chapter 28
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 58-41-17 is amended to read:
28          58-41-17. Requirements for selling hearing aids.
29          (1) As used in this section:
30          (a) "Hearing aid" means [any] a wearable instrument or device designed or offered for
31     the purpose of aiding or compensating for impaired human hearing [and any], including its
32     parts, attachments, or accessories [thereto].
33          (b) "Hearing aid" does not include [any type of] a device [which] that is surgically
34     implanted in the cochlea or under the skin near the ear.
35          (2) A person licensed under this chapter who offers to sell a hearing aid to a consumer
36     shall inform the consumer about hearing aids that work with assistive listening systems that are
37     compliant with the ADA Standards for Accessible Design adopted by the United States
38     Department of Justice in accordance with the Americans with Disabilities Act, 42 U.S.C. Sec.
39     12101 et seq.
40          [(2) Any] (3) A person licensed under this chapter who sells a hearing aid to a
41     consumer shall provide a written receipt or written contract to the consumer[. The written
42     receipt or contract shall provide the consumer with a 30-day right to cancel the purchase if the
43     consumer finds that the hearing aid does not function adequately for the consumer and to
44     obtain a refund if the consumer returns the hearing aid to the seller in the same condition,
45     ordinary wear and tear excluded, as when purchased] that provides the consumer with a 30-day
46     right to cancel the purchase and to obtain a refund if the consumer returns the hearing aid to the
47     seller in the same condition as when purchased, excluding ordinary wear and tear.
48          (4) The written receipt or contract shall notify the consumer of the 30-day right to
49     cancel in at least [10 point type] 12-point font.
50          (5) The 30-day right to cancel shall commence from [either] the date the hearing aid is
51     originally delivered to the consumer or the date the written receipt or contract is delivered to
52     the consumer, whichever is later.
53          (6) The 30-day period shall be tolled for any period during which the hearing aid seller,
54     dealer, or fitter has possession or control of the hearing aid after its original delivery.
55          [(3)] (7) Upon exercise of the 30-day right to cancel a hearing aid purchase, the seller
56     of the hearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred
57     by the seller in order to return the hearing aid to the manufacturer, provided that the written
58     receipt or contract states the exact amount that will be retained by the seller as a cancellation
59     fee.
60          Section 2. Section 58-46a-502 is amended to read:
61          58-46a-502. Additional requirements for practicing as a hearing instrument
62     specialist.
63          A person engaging in the practice of a hearing instrument specialist shall:
64          (1) have a regular place or places of business from which the person conducts business
65     as a hearing instrument specialist and the place or places of business shall be represented to a
66     patient and others with whom business is conducted by the street address at which the place of
67     business is located;
68          (2) include in all advertising or other representation the street address at which the
69     business is located and the telephone number of the business at that street address;
70          (3) provide as part of each transaction between a licensee and a patient related to
71     testing for hearing loss and selling of a hearing instrument written documentation provided to
72     the patient that includes:
73          (a) identification of all services and products provided to the patient by the hearing
74     instrument specialist and the charges for each service or product;
75          (b) a statement whether any hearing instrument provided to a patient is "new," "used,"
76     or "reconditioned" and the terms and conditions of any warranty or guarantee that applies to
77     each instrument; and
78          (c) the identity and license number of each hearing instrument specialist or hearing
79     instrument intern who provided services or products to the patient;
80          [(4) provide services or products to a patient only after the patient has been
81     professionally informed with respect to the services, products, and expected results, and
82     informed consent with respect to the provision of such services or products by a licensee and
83     the expected results is obtained from the patient in writing in a form approved by the division
84     in collaboration with the board;]
85          (4) before providing services or products to a patient:
86          (a) advise the patient regarding services and products offered to the patient, including
87     the expected results of the services and products;
88          (b) inform each patient who is being offered a hearing instrument about hearing
89     instruments that work with assistive listening systems that are compliant with the ADA
90     Standards for Accessible Design adopted by the United States Department of Justice in
91     accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.; and
92          (c) obtain written informed consent from the patient regarding offered services,
93     products, and the expected results of the services and products in a form approved by the
94     division in collaboration with the board;
95          (5) refer all individuals under the age of 18 who seek testing of hearing to a physician
96     or surgeon, osteopathic physician, or audiologist, licensed under the provisions of Title 58,
97     Occupations and Professions, and shall dispense a hearing aid to that individual only on
98     prescription of a physician or surgeon, osteopathic physician, or audiologist;
99          (6) obtain the patient's informed consent and agreement to purchase the hearing
100     instrument based on that informed consent either by the hearing instrument specialist or the
101     hearing instrument intern, before designating an appropriate hearing instrument; and
102          (7) if a hearing instrument does not substantially enhance the patient's hearing
103     consistent with the representations of the hearing instrument specialist at the time informed
104     consent was given prior to the sale and fitting of the hearing instrument, provide:
105          (a) necessary intervention to produce satisfactory hearing recovery results consistent
106     with representations made; or
107          (b) for the refund of fees paid by the patient for the hearing instrument to the hearing
108     instrument specialist within a reasonable time after finding that the hearing instrument does not
109     substantially enhance the patient's hearing.