PRIOR PRINTER'S NO. 621 PRINTER'S NO. 1625
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 REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 29, 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. The act of November 24, 1976 (P.L.1182, No.262), <--
11 known as the Hearing Aid Sales Registration Law, is amended by
12 adding a section to read:
13 SECTION 1. SECTION 403 OF THE ACT OF NOVEMBER 24, 1976 <--
14 (P.L.1182, NO.262), KNOWN AS THE HEARING AID SALES REGISTRATION
15 LAW, IS AMENDED TO READ:
16 SECTION 403. MEDICAL EXAMINATION.--NO HEARING AID IS TO BE
17 SOLD TO ANY INDIVIDUAL UNLESS, WITHIN THE PRECEDING SIX MONTHS,
18 THE INDIVIDUAL HAS BEEN EXAMINED BY AN OTOLOGIST OR
19 OTOLARYNGOLOGIST OR ANY LICENSED PHYSICIAN, AND A WRITTEN
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. A WAIVER SIGNED BY A RESIDENT OF A NURSING HOME
7 LICENSED UNDER THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN
8 AS THE "PUBLIC WELFARE CODE," SHALL BE VOID. THE WAIVER FORM
9 MUST BE IN AT LEAST TEN-POINT TYPE. THE WAIVER MUST BE READ AND
10 EXPLAINED IN SUCH A MANNER THAT THE PURCHASER WILL BE THOROUGHLY
11 AWARE OF THE CONSEQUENCES OF SIGNING THE WAIVER. THE WAIVER FORM
12 SHALL READ AS FOLLOWS:
13 "I HAVE BEEN ADVISED THAT MY BEST INTERESTS WOULD BE
14 SERVED IF I HAD A MEDICAL EXAMINATION BY AN OTOLOGIST OR
15 OTOLARYNGOLOGIST OR ANY LICENSED PHYSICIAN BEFORE MY PURCHASE
16 OF A HEARING AID.
17 ________________________ HAS FULLY AND CLEARLY INFORMED ME
18 (REGISTRANT'S NAME)
19 OF THE VALUE OF SUCH MEDICAL EXAMINATION. AFTER SUCH
20 EXPLANATION, I VOLUNTARILY SIGN THIS WAIVER. I CHOOSE NOT TO
21 SEEK A MEDICAL EXAMINATION BEFORE THE PURCHASE OF THE
22 HEARING AID."
23 _________________________ _______________________
24 (SIGNATURE OF REGISTRANT) (SIGNATURE OF PURCHASER)
25 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
26 Section 504.1. Return of Hearing Aid.--(a) No hearing aid
27 shall be sold to any person unless accompanied by a 30-day money
28 back written guarantee providing that if the person returns the
29 hearing aid in the same condition, ordinary wear and tear
30 excluded, as when purchased within 30 days, the customer shall
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1 be entitled to the return of the cost of the hearing aid and
2 accessories as itemized on the receipt provided under section
3 504.
4 (b) A hearing aid that has been used for a 30-day period, <--
5 where the hearing aid has been refinished and totally
6 reconditioned by the manufacturer or by the manufacturer's agent
7 and the manufacturer or manufacturer's agent certifies that the
8 hearing aid meets all the acoustical standards of a new hearing
9 aid and is in all other respects the equivalent of a new hearing
10 aid with all warranties and guarantees that accompany a new
11 hearing aid, shall be considered to be a new hearing aid and so
12 designated AND SHALL BE SUBJECT TO THE RIGHT OF RETURN UNDER <--
13 SUBSECTION (A).
14 (c) Notwithstanding the provisions of subsection (a), a
15 hearing aid dealer may retain as a cancellation fee for return
16 of a hearing aid a charge not in excess of $30 for a canceled <--
17 hearing aid, or ten percent of the purchase price, whichever is
18 less. OF 10% OF THE PURCHASE PRICE UP TO A MAXIMUM OF $200. <--
19 (d) The secretary DEPARTMENT shall promulgate rules and <--
20 regulations to administer and enforce this section.
21 Section 2 3. This act shall take effect in 60 days. <--
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