SENATE AMENDED
PRIOR PRINTER'S NOS. 621, 1625, 1793 PRINTER'S NO. 3547
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, STERN AND
WASHINGTON, FEBRUARY 12, 1997
SENATOR BELL, CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, IN
SENATE, AS AMENDED, MAY 5, 1998
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. CONTINUING EDUCATION, FOR REGISTRATION <--
8 CERTIFICATE FEES, FOR RETURN OF HEARING AID AND FOR
9 SUSPENSION AND REVOCATION.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 403 of the act of November 24, 1976 <--
13 (P.L.1182, No.262), known as the Hearing Aid Sales Registration
14 Law, is amended to read:
15 Section 403. Medical Examination.--No hearing aid is to be
16 sold to any individual unless, within the preceding six months,
17 the individual has been examined by an otologist or
18 otolaryngologist or any licensed physician, and a written
19 recommendation has been made by such physician that the use of a
1 hearing aid may be beneficial to the physician's patient.
2 This section does not apply to (i) the replacement of parts
3 or accessories or of a worn out or damaged hearing aid, or (ii)
4 any individual who signs a written waiver as set forth in this
5 section. A waiver signed by a resident of a nursing home
6 licensed under the act of July 19, 1979 (P.L.130, No.48), known
7 as the "Health Care Facilities Act," shall be void. The waiver
8 form must be in at least ten-point type. The waiver must be read
9 and explained in such a manner that the purchaser will be
10 thoroughly aware of the consequences of signing the waiver. The
11 waiver form shall read as follows:
12 "I have been advised that my best interests would be
13 served if I had a medical examination by an otologist or
14 otolaryngologist or any licensed physician before my purchase
15 of a hearing aid.
16 ________________________ has fully and clearly informed me
17 (Registrant's Name)
18 of the value of such medical examination. After such
19 explanation, I voluntarily sign this waiver. I choose not to
20 seek a medical examination before the purchase of the
21 hearing aid."
22 _________________________ _______________________
23 (Signature of Registrant) (Signature of Purchaser)
24 SECTION 1. THE ACT OF NOVEMBER 24, 1976 (P.L.1182, NO.262), <--
25 KNOWN AS THE HEARING AID SALES REGISTRATION LAW, IS AMENDED BY
26 ADDING A SECTION TO READ:
27 SECTION 207. CONTINUING EDUCATION.--THE DEPARTMENT SHALL
28 APPROVE COURSES OF CONTINUING EDUCATION FOR REGISTERED HEARING
29 AID FITTERS TO INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
30 AREAS:
19970H0558B3547 - 2 -
1 (1) HEARING EVALUATION.
2 (2) HEARING INSTRUMENTATION TECHNOLOGY.
3 (3) EAR MOLD TECHNOLOGY.
4 (4) HEARING AID REPAIR AND MAINTENANCE.
5 (5) TECHNICAL DEVICES TO ASSIST THE HEARING-IMPAIRED.
6 (6) PSYCHOLOGY OF THE HEARING-IMPAIRED.
7 (7) OFFICE PROCEDURES AND COMPLIANCE WITH THIS ACT.
8 PROGRAMS HELD WITHIN OR OUTSIDE THIS COMMONWEALTH MAY RECEIVE
9 APPROVAL.
10 SECTION 2. SECTIONS 311, 312, 314 AND 316 OF THE ACT ARE
11 AMENDED TO READ:
12 SECTION 311. EXPIRATION DATE.--REGISTRATION CERTIFICATES
13 ISSUED UNDER THIS ACT EXPIRE AT MIDNIGHT ON APRIL 15 OF EACH
14 YEAR THEREAFTER IF NOT RENEWED. TO RENEW AN UNEXPIRED
15 REGISTRATION CERTIFICATE THE REGISTRANT SHALL, BEFORE THE TIME
16 AT WHICH THE CERTIFICATE WOULD OTHERWISE EXPIRE, APPLY FOR
17 RENEWAL ON A FORM PRESCRIBED BY THE SECRETARY AND PAY THE
18 RENEWAL FEE PRESCRIBED BY THIS ACT. EACH PERSON WHO FILES AN
19 APPLICATION FOR RENEWAL OF A HEARING AID FITTER'S CERTIFICATE
20 MUST, DURING THE TWO YEARS IMMEDIATELY PRECEDING THE EXPIRATION
21 DATE, COMPLETE 20 HOURS OF APPROVED CONTINUING EDUCATION AND
22 SUBMIT EVIDENCE OF THE SAME TO THE DEPARTMENT WITH THE RENEWAL
23 APPLICATION. A RENEWAL APPLICATION WILL NOT BE CONSIDERED
24 COMPLETE WITHOUT EVIDENCE OF COMPLETION OF THE CONTINUING
25 EDUCATION.
26 SECTION 312. RENEWAL OF REGISTRATION CERTIFICATE.--EXCEPT AS
27 OTHERWISE PROVIDED IN THIS ACT, AN EXPIRED REGISTRATION
28 CERTIFICATE MAY BE RENEWED AT ANY TIME WITHIN FIVE YEARS AFTER
29 ITS EXPIRATION ON FILING OF AN APPLICATION FOR RENEWAL ON A FORM
30 PRESCRIBED BY THE SECRETARY, [AND] PAYMENT OF THE RENEWAL FEE
19970H0558B3547 - 3 -
1 CURRENTLY IN EFFECT [ON THE LAST RENEWAL DATE] AND SUBMITTING
2 EVIDENCE OF COMPLETION OF CONTINUING EDUCATION AS PROVIDED IN
3 SECTION 311. IF THE REGISTRATION CERTIFICATE IS RENEWED MORE
4 THAN 30 DAYS AFTER ITS EXPIRATION, THE REGISTRANT, AS A
5 CONDITION PRECEDENT TO RENEWAL, SHALL ALSO PAY THE DELINQUENCY
6 FEE. RENEWAL UNDER THIS SECTION SHALL BE EFFECTIVE ON THE DATE
7 ON WHICH THE COMPLETE APPLICATION IS FILED, ON THE DATE ON WHICH
8 THE RENEWAL FEE IS PAID OR WHICHEVER LAST OCCURS. IF SO RENEWED,
9 THE REGISTRATION CERTIFICATE SHALL CONTINUE IN EFFECT THROUGH
10 THE DATE PROVIDED IN SECTION 311 WHICH NEXT OCCURS AFTER THE
11 EFFECTIVE DATE OF THE RENEWAL, WHEN IT SHALL EXPIRE IF IT IS NOT
12 AGAIN RENEWED.
13 SECTION 314. EXPIRATION OF SUSPENDED REGISTRATION
14 CERTIFICATE.--A REGISTRATION CERTIFICATE WHICH HAS BEEN
15 SUSPENDED IS SUBJECT TO EXPIRATION AND SHALL BE RENEWED AS
16 PROVIDED IN THIS ACT, BUT SUCH RENEWAL DOES NOT ENTITLE THE
17 HOLDER OF THE REGISTRATION CERTIFICATE WHILE IT REMAINS
18 SUSPENDED AND UNTIL IT IS REINSTATED, TO ENGAGE IN THE BUSINESS
19 OF SELLING OR IN THE PRACTICE OF FITTING AND SELLING OF HEARING
20 AIDS, OR IN ANY OTHER ACTIVITY OR CONDUCT IN VIOLATION OF THE
21 ORDER OR JUDGMENT BY WHICH THE REGISTRATION CERTIFICATE WAS
22 SUSPENDED. A REGISTRATION CERTIFICATE WHICH HAS BEEN REVOKED IS
23 SUBJECT TO EXPIRATION, BUT IT MAY NOT BE RENEWED. IF IT IS
24 REINSTATED AFTER ITS EXPIRATION, THE REGISTRANT AS A CONDITION
25 PRECEDENT TO ITS REINSTATEMENT, SHALL PAY A REINSTATEMENT FEE IN
26 AN AMOUNT EQUAL TO THE RENEWAL FEE CURRENTLY IN EFFECT [ON THE
27 LAST REGULAR RENEWAL DATE BEFORE THE DATE ON WHICH IT IS
28 REINSTATED], PLUS THE DELINQUENCY FEE, IF ANY, ACCRUED AT THE
29 TIME OF ITS REVOCATION. THE REGISTRANTS SHALL ALSO BE REQUIRED
30 TO FURNISH EVIDENCE OF COMPLETION OF THE CONTINUING EDUCATION AS
19970H0558B3547 - 4 -
1 PROVIDED IN SECTION 311.
2 SECTION 316. FEES.--THE AMOUNT OF FEES PRESCRIBED BY THIS
3 ACT ARE THOSE FIXED IN THE FOLLOWING SCHEDULE:
4 (1) THE FEE FOR APPLICANTS APPLYING FOR THE FIRST TIME FOR A
5 REGISTRATION CERTIFICATE IS [$100] $200 WHICH SHALL NOT BE
6 REFUNDED, EXCEPT TO APPLICANTS WHO ARE FOUND TO BE INELIGIBLE TO
7 TAKE AN EXAMINATION FOR A FITTER'S REGISTRATION CERTIFICATE;
8 THOSE APPLICANTS ARE ENTITLED TO A REFUND OF [$75] $150.
9 (2) THE FEE FOR AN APPLICANT FOR AN APPRENTICE FITTER'S
10 REGISTRATION CERTIFICATE IS [$25] $50. THE ADDITIONAL FEE FOR
11 SUCH APPLICANT, UPON TAKING THE QUALIFYING EXAMINATION, IS [$75]
12 $150.
13 (3) THE FEE FOR APPLICANTS FOR A FITTER'S REGISTRATION
14 CERTIFICATE WHO HAVE FAILED A PREVIOUS EXAMINATION IS [$25] $50
15 FOR EACH SUCCEEDING EXAMINATION.
16 (4) THE FEE FOR RENEWAL OF A REGISTRATION CERTIFICATE IS
17 [$50] $100 FOR EACH RENEWAL.
18 (5) THE INITIAL REGISTRATION CERTIFICATE FEE IS [$100] $200,
19 UNLESS THE INITIAL REGISTRATION CERTIFICATE IS ISSUED ON OR
20 AFTER OCTOBER 15 OF ANY YEAR. IF IT IS ISSUED ON OR AFTER
21 OCTOBER 15, THE INITIAL REGISTRATION CERTIFICATE FEE IS [$50]
22 $100.
23 (6) THE DELINQUENCY FEE IS [$25] $50.
24 (7) THE FEE FOR ISSUANCE OF A DUPLICATE REGISTRATION
25 CERTIFICATE FOR A BRANCH OFFICE, OR UPON LOSS OF AN ORIGINAL
26 REGISTRATION CERTIFICATE OR UPON CHANGE OF NAME AUTHORIZED BY
27 LAW OF A PERSON HOLDING A REGISTRATION CERTIFICATE UNDER THIS
28 ACT IS [$5] $10.
29 Section 2 3. The act is amended by adding a section to read: <--
30 Section 504.1. Return of Hearing Aid.--(a) No hearing aid
19970H0558B3547 - 5 -
1 shall be sold to any person unless accompanied by a 30-day money
2 back written guarantee providing that if the person returns the
3 hearing aid in the same condition, ordinary wear and tear
4 excluded, as when purchased within 30 days, the customer shall
5 be entitled to the return REFUND of the cost of the hearing aid <--
6 and accessories as itemized on the receipt provided under
7 section 504 WITHIN 30 DAYS OF RETURN OF THE HEARING AID AND <--
8 ACCESSORIES.
9 (b) A hearing aid that has been refinished and totally
10 reconditioned by the manufacturer or by the manufacturer's agent
11 and the manufacturer or manufacturer's agent certifies that the
12 hearing aid meets all the acoustical standards of a new hearing
13 aid and is in all other respects the equivalent of a new hearing
14 aid with all warranties and guarantees that accompany a new
15 hearing aid, shall be considered to be a new hearing aid and so
16 designated and shall be subject to the right of return REFUND <--
17 under subsection (a).
18 (c) Notwithstanding the provisions of subsection (a), a
19 hearing aid dealer may retain as a cancellation fee for return
20 of a hearing aid a charge of 10% of the purchase price up to a <--
21 maximum of $200. AND ACCESSORIES A CHARGE NOT TO EXCEED 10% OF <--
22 THE PURCHASE PRICE.
23 (d) The department shall promulgate rules and regulations to
24 administer and enforce this section.
25 Section 3. This act shall take effect in 60 days. <--
26 SECTION 4. SECTION 601 OF THE ACT IS AMENDED BY ADDING A <--
27 PARAGRAPH TO READ:
28 SECTION 601. CAUSES FOR DENIAL, SUSPENSION OR REVOCATION OF
29 CERTIFICATE.--THE SECRETARY MAY DENY, SUSPEND, OR REVOKE A
30 REGISTRATION CERTIFICATE OR IMPOSE CONDITIONS OF PROBATION UPON
19970H0558B3547 - 6 -
1 A REGISTRANT FOR ANY OF THE FOLLOWING CAUSES:
2 * * *
3 (13) FAILURE OF AN APPLICANT FOR RENEWAL OF A REGISTRATION
4 CERTIFICATE TO FURNISH EVIDENCE OF COMPLETION OF THE CONTINUING
5 EDUCATION AS PROVIDED IN SECTION 311.
6 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS, EXCEPT
7 THAT THE CONTINUING EDUCATION PROVISIONS OF SECTIONS 207, 311,
8 312, 314 AND 601 OF THE ACT SHALL TAKE EFFECT IN TWO YEARS.
A8L35WMB/19970H0558B3547 - 7 -