SENATE AMENDED
PRIOR PRINTER'S NOS. 621, 1625, 1793, PRINTER'S NO. 4050
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 TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, NOVEMBER 9, 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 FURTHER PROVIDING FOR RULES AND REGULATIONS; providing for <--
7 medical examination and for the return of a hearing aid. <--
8 CONTINUING EDUCATION, FOR REGISTRATION CERTIFICATE FEES, FOR <--
9 DISCLOSURE AGREEMENTS, FOR RETURN OF HEARING AID AND FOR
10 SUSPENSION AND REVOCATION; AND MAKING A REPEAL.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
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 July 19, 1979 (P.L.130, No.48), known
8 as the "Health Care Facilities Act," shall be void. The waiver
9 form must be in at least ten-point type. The waiver must be read
10 and explained in such a manner that the purchaser will be
11 thoroughly aware of the consequences of signing the waiver. The
12 waiver form 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 1. THE ACT OF NOVEMBER 24, 1976 (P.L.1182, NO.262), <--
26 KNOWN AS THE HEARING AID SALES REGISTRATION LAW, IS AMENDED BY
27 ADDING A SECTION TO READ:
28 SECTION 1. SECTION 205 OF THE ACT OF NOVEMBER 24, 1976 <--
29 (P.L.1182, NO.262), KNOWN AS THE HEARING AID SALES REGISTRATION
30 LAW, IS AMENDED TO READ:
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1 SECTION 205. RULES AND REGULATIONS.--(A) THE DEPARTMENT
2 SHALL MAKE AND PROMULGATE RULES AND REGULATIONS AS MAY BE
3 NECESSARY TO ENABLE IT TO CARRY INTO EFFECT THE PROVISIONS OF
4 THIS ACT. SUCH RULES AND REGULATIONS SHALL BE ADOPTED, OR
5 REPEALED, IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF JULY
6 31, 1968 (P.L.769, NO.240), KNOWN AS THE "COMMONWEALTH DOCUMENTS
7 LAW," AND, WHEN DULY PROMULGATED THEREUNDER, SUCH RULES AND
8 REGULATIONS SHALL HAVE THE FORCE AND EFFECT OF THE LAW.
9 (B) THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO
10 ENFORCE AND ADMINISTER SECTIONS 207 AND 504.1.
11 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
12 SECTION 207. CONTINUING EDUCATION.--THE DEPARTMENT SHALL
13 APPROVE COURSES OF CONTINUING EDUCATION FOR REGISTERED HEARING
14 AID FITTERS TO INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING
15 AREAS:
16 (1) HEARING EVALUATION.
17 (2) HEARING INSTRUMENTATION TECHNOLOGY.
18 (3) EAR MOLD TECHNOLOGY.
19 (4) HEARING AID REPAIR AND MAINTENANCE.
20 (5) TECHNICAL DEVICES TO ASSIST THE HEARING-IMPAIRED.
21 (6) PSYCHOLOGY OF THE HEARING-IMPAIRED.
22 (7) OFFICE PROCEDURES AND COMPLIANCE WITH THIS ACT.
23 PROGRAMS HELD WITHIN OR OUTSIDE THIS COMMONWEALTH MAY RECEIVE
24 APPROVAL.
25 SECTION 2 3. SECTIONS 311, 312, 314 AND 316 OF THE ACT ARE <--
26 AMENDED TO READ:
27 SECTION 311. EXPIRATION DATE.--REGISTRATION CERTIFICATES
28 ISSUED UNDER THIS ACT EXPIRE AT MIDNIGHT ON APRIL 15 OF EACH
29 YEAR THEREAFTER IF NOT RENEWED. TO RENEW AN UNEXPIRED
30 REGISTRATION CERTIFICATE THE REGISTRANT SHALL, BEFORE THE TIME
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1 AT WHICH THE CERTIFICATE WOULD OTHERWISE EXPIRE, APPLY FOR
2 RENEWAL ON A FORM PRESCRIBED BY THE SECRETARY AND PAY THE
3 RENEWAL FEE PRESCRIBED BY THIS ACT. EACH PERSON WHO FILES AN
4 APPLICATION FOR RENEWAL OF A HEARING AID FITTER'S CERTIFICATE
5 MUST, DURING THE TWO YEARS IMMEDIATELY PRECEDING THE EXPIRATION
6 DATE, COMPLETE 20 HOURS OF APPROVED CONTINUING EDUCATION AND
7 SUBMIT EVIDENCE OF THE SAME TO THE DEPARTMENT WITH THE RENEWAL
8 APPLICATION. A RENEWAL APPLICATION WILL NOT BE CONSIDERED
9 COMPLETE WITHOUT EVIDENCE OF COMPLETION OF THE CONTINUING
10 EDUCATION.
11 SECTION 312. RENEWAL OF REGISTRATION CERTIFICATE.--EXCEPT AS
12 OTHERWISE PROVIDED IN THIS ACT, AN EXPIRED REGISTRATION
13 CERTIFICATE MAY BE RENEWED AT ANY TIME WITHIN FIVE YEARS AFTER
14 ITS EXPIRATION ON FILING OF AN APPLICATION FOR RENEWAL ON A FORM
15 PRESCRIBED BY THE SECRETARY, [AND] PAYMENT OF THE RENEWAL FEE
16 CURRENTLY IN EFFECT [ON THE LAST RENEWAL DATE] AND SUBMITTING
17 EVIDENCE OF COMPLETION OF CONTINUING EDUCATION AS PROVIDED IN
18 SECTION 311. IF THE REGISTRATION CERTIFICATE IS RENEWED MORE
19 THAN 30 DAYS AFTER ITS EXPIRATION, THE REGISTRANT, AS A
20 CONDITION PRECEDENT TO RENEWAL, SHALL ALSO PAY THE DELINQUENCY
21 FEE. RENEWAL UNDER THIS SECTION SHALL BE EFFECTIVE ON THE DATE
22 ON WHICH THE COMPLETE APPLICATION IS FILED, ON THE DATE ON WHICH
23 THE RENEWAL FEE IS PAID OR WHICHEVER LAST OCCURS. IF SO RENEWED,
24 THE REGISTRATION CERTIFICATE SHALL CONTINUE IN EFFECT THROUGH
25 THE DATE PROVIDED IN SECTION 311 WHICH NEXT OCCURS AFTER THE
26 EFFECTIVE DATE OF THE RENEWAL, WHEN IT SHALL EXPIRE IF IT IS NOT
27 AGAIN RENEWED.
28 SECTION 314. EXPIRATION OF SUSPENDED REGISTRATION
29 CERTIFICATE.--A REGISTRATION CERTIFICATE WHICH HAS BEEN
30 SUSPENDED IS SUBJECT TO EXPIRATION AND SHALL BE RENEWED AS
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1 PROVIDED IN THIS ACT, BUT SUCH RENEWAL DOES NOT ENTITLE THE
2 HOLDER OF THE REGISTRATION CERTIFICATE WHILE IT REMAINS
3 SUSPENDED AND UNTIL IT IS REINSTATED, TO ENGAGE IN THE BUSINESS
4 OF SELLING OR IN THE PRACTICE OF FITTING AND SELLING OF HEARING
5 AIDS, OR IN ANY OTHER ACTIVITY OR CONDUCT IN VIOLATION OF THE
6 ORDER OR JUDGMENT BY WHICH THE REGISTRATION CERTIFICATE WAS
7 SUSPENDED. A REGISTRATION CERTIFICATE WHICH HAS BEEN REVOKED IS
8 SUBJECT TO EXPIRATION, BUT IT MAY NOT BE RENEWED. IF IT IS
9 REINSTATED AFTER ITS EXPIRATION, THE REGISTRANT AS A CONDITION
10 PRECEDENT TO ITS REINSTATEMENT, SHALL PAY A REINSTATEMENT FEE IN
11 AN AMOUNT EQUAL TO THE RENEWAL FEE CURRENTLY IN EFFECT [ON THE
12 LAST REGULAR RENEWAL DATE BEFORE THE DATE ON WHICH IT IS
13 REINSTATED], PLUS THE DELINQUENCY FEE, IF ANY, ACCRUED AT THE
14 TIME OF ITS REVOCATION. THE REGISTRANTS SHALL ALSO BE REQUIRED
15 TO FURNISH EVIDENCE OF COMPLETION OF THE CONTINUING EDUCATION AS
16 PROVIDED IN SECTION 311.
17 SECTION 316. FEES.--THE AMOUNT OF FEES PRESCRIBED BY THIS
18 ACT ARE THOSE FIXED IN THE FOLLOWING SCHEDULE:
19 (1) THE FEE FOR APPLICANTS APPLYING FOR THE FIRST TIME FOR A
20 REGISTRATION CERTIFICATE IS [$100] $200 WHICH SHALL NOT BE
21 REFUNDED, EXCEPT TO APPLICANTS WHO ARE FOUND TO BE INELIGIBLE TO
22 TAKE AN EXAMINATION FOR A FITTER'S REGISTRATION CERTIFICATE;
23 THOSE APPLICANTS ARE ENTITLED TO A REFUND OF [$75] $150.
24 (2) THE FEE FOR AN APPLICANT FOR AN APPRENTICE FITTER'S
25 REGISTRATION CERTIFICATE IS [$25] $50. THE ADDITIONAL FEE FOR
26 SUCH APPLICANT, UPON TAKING THE QUALIFYING EXAMINATION, IS [$75]
27 $150.
28 (3) THE FEE FOR APPLICANTS FOR A FITTER'S REGISTRATION
29 CERTIFICATE WHO HAVE FAILED A PREVIOUS EXAMINATION IS [$25] $50
30 FOR EACH SUCCEEDING EXAMINATION.
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1 (4) THE FEE FOR RENEWAL OF A REGISTRATION CERTIFICATE IS
2 [$50] $100 FOR EACH RENEWAL.
3 (5) THE INITIAL REGISTRATION CERTIFICATE FEE IS [$100] $200,
4 UNLESS THE INITIAL REGISTRATION CERTIFICATE IS ISSUED ON OR
5 AFTER OCTOBER 15 OF ANY YEAR. IF IT IS ISSUED ON OR AFTER
6 OCTOBER 15, THE INITIAL REGISTRATION CERTIFICATE FEE IS [$50]
7 $100.
8 (6) THE DELINQUENCY FEE IS [$25] $50.
9 (7) THE FEE FOR ISSUANCE OF A DUPLICATE REGISTRATION
10 CERTIFICATE FOR A BRANCH OFFICE, OR UPON LOSS OF AN ORIGINAL
11 REGISTRATION CERTIFICATE OR UPON CHANGE OF NAME AUTHORIZED BY
12 LAW OF A PERSON HOLDING A REGISTRATION CERTIFICATE UNDER THIS
13 ACT IS [$5] $10.
14 Section 2 3. The act is amended by adding a section to read: <--
15 SECTION 4. THE ACT IS AMENDED BY ADDING SECTIONS TO READ: <--
16 SECTION 503.1. DISCLOSURE AGREEMENT.--(A) A REGISTRANT,
17 PRIOR TO THE PROVISION OF ANY SERVICE, SHALL PROVIDE TO THE
18 CONSUMER A DISCLOSURE AGREEMENT WHICH SHALL BE EXPLAINED IN
19 DETAIL BY THE REGISTRANT AND SHALL BE SIGNED BY THE REGISTRANT
20 AND THE CONSUMER. THE DISCLOSURE AGREEMENT REQUIRED BY THIS
21 SECTION SHALL CONTAIN THE FOLLOWING:
22 (1) A COMPLETE DESCRIPTION OF WHAT THE FITTING PROCEDURE OR
23 PROCESS DOES AND DOES NOT INCLUDE.
24 (2) AN ITEMIZATION AND DISCLOSURE OF ANY AND ALL FEES
25 ASSOCIATED WITH THE FITTING PROCEDURE OR PROCESS AND THE SALE
26 AND DELIVERY OF A HEARING AID OR SIMILAR DEVICE INCLUDING ANY
27 CANCELLATION FEES AUTHORIZED PURSUANT TO THIS ACT.
28 (B) THE DISCLOSURE AGREEMENT REQUIRED BY THIS SECTION SHALL
29 BE WRITTEN IN PLAIN LANGUAGE AND IN A MANNER THAT IS EASILY
30 UNDERSTOOD IN CONFORMANCE WITH THE PROVISIONS OF THE ACT OF JUNE
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1 23, 1993 (P.L.128, NO.29), KNOWN AS THE "PLAIN LANGUAGE CONSUMER
2 CONTRACT ACT." A DISCLOSURE AGREEMENT PROVIDED PURSUANT TO THIS
3 SECTION MUST BE TEN-POINT TYPE OR LARGER.
4 Section 504.1. Return of Hearing Aid.--(a) No hearing aid
5 shall be sold to any person unless accompanied by a 30-day money
6 back written guarantee providing that if the person returns the
7 hearing aid in the same condition, ordinary wear and tear
8 excluded, as when purchased within 30 days OF THE DATE OF <--
9 DELIVERY, the customer shall be entitled to the return REFUND of <--
10 the cost PURCHASE PRICE of the hearing aid and accessories as <--
11 itemized on the receipt provided under section 504 WITHIN 30 <--
12 DAYS OF RETURN OF THE HEARING AID AND ACCESSORIES.
13 (b) A hearing aid that has been refinished and totally
14 reconditioned by the manufacturer or by the manufacturer's agent
15 and the manufacturer or manufacturer's agent certifies that the
16 hearing aid meets all the acoustical standards of a new hearing
17 aid and is in all other respects the equivalent of a new hearing
18 aid with all warranties and guarantees that accompany a new
19 hearing aid, shall be considered to be a new hearing aid and so
20 designated and shall be subject to the right of return REFUND <--
21 under subsection (a).
22 (c) Notwithstanding the provisions of subsection (a), a
23 hearing aid dealer may retain as a cancellation fee for return
24 of a hearing aid a charge of 10% of the purchase price up to a <--
25 maximum of $200. AND ACCESSORIES A CHARGE NOT TO EXCEED THE <--
26 LESSER OF 10% OF THE PURCHASE PRICE OR $150. <--
27 (d) The department shall promulgate rules and regulations to <--
28 administer and enforce this section.
29 Section 3. This act shall take effect in 60 days. <--
30 SECTION 4 5. SECTION 601 OF THE ACT IS AMENDED BY ADDING A <--
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1 PARAGRAPH TO READ:
2 SECTION 601. CAUSES FOR DENIAL, SUSPENSION OR REVOCATION OF
3 CERTIFICATE.--THE SECRETARY MAY DENY, SUSPEND, OR REVOKE A
4 REGISTRATION CERTIFICATE OR IMPOSE CONDITIONS OF PROBATION UPON
5 A REGISTRANT FOR ANY OF THE FOLLOWING CAUSES:
6 * * *
7 (13) FAILURE OF AN APPLICANT FOR RENEWAL OF A REGISTRATION
8 CERTIFICATE TO FURNISH EVIDENCE OF COMPLETION OF THE CONTINUING
9 EDUCATION AS PROVIDED IN SECTION 311.
10 SECTION 5. THIS ACT SHALL TAKE EFFECT IN 60 DAYS, EXCEPT <--
11 THAT THE CONTINUING EDUCATION PROVISIONS OF SECTIONS 207, 311,
12 312, 314 AND 601 OF THE ACT SHALL TAKE EFFECT IN TWO YEARS.
13 SECTION 6. SECTION 634 OF THE ACT OF MAY 17, 1921 (P.L.682, <--
14 NO.284), KNOWN AS THE INSURANCE COMPANY LAW OF 1921, IS
15 REPEALED.
16 SECTION 7. THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
17 (1) SECTION 6 OF THIS ACT SHALL TAKE EFFECT FEBRUARY 16,
18 1999.
19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
20 DAYS, EXCEPT THAT THE CONTINUING EDUCATION PROVISIONS OF
21 SECTIONS 207, 311, 312, 314 AND 601 OF THE ACT SHALL TAKE
22 EFFECT IN TWO YEARS.
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