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:
19 Other Special Clauses:
21 Utah Code Sections Affected:
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
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 [
31 the purpose of aiding or compensating for impaired human hearing [
32 parts, attachments, or accessories [
33 (b) "Hearing aid" does not include [
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.
41 consumer shall provide a written receipt or written contract to the consumer[
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 [
50 (5) The 30-day right to cancel shall commence from [
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.
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
60 Section 2. Section 58-46a-502 is amended to read:
61 58-46a-502. Additional requirements for practicing as a hearing instrument
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;
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.