SECTIONS 2539.1-2539.14 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 2539.1-2539.14

2539.1. (a) (1) On and after January 1, 2010, in addition to
satisfying the licensure and examination requirements described in
Sections 2532 and 2532.2, no licensed audiologist shall sell hearing
aids unless he or she completes an application for a dispensing
audiology license, pays all applicable fees, and passes an
examination, approved by the board, relating to selling hearing aids.
(2) The board shall issue a dispensing audiology license to a
licensed audiologist who meets the requirements of paragraph (1).
(b) (1) On and after January 1, 2010, a licensed audiologist with
an unexpired license to sell hearing aids pursuant to Chapter 7.5
(commencing with Section 3300) may continue to sell hearing aids
pursuant to that license until that license expires pursuant to
Section 3451, and upon that expiration the licensee shall be deemed
to have satisfied the requirements described in subdivision (a) and
may continue to sell hearing aids pursuant to his or her audiology
license subject to the provisions of this chapter. Upon the
expiration of the audiologist's license to sell hearing aids, the
board shall issue him or her a dispensing audiology license pursuant
to paragraph (2) of subdivision (a). This paragraph shall not prevent
an audiologist who also has a hearing aid dispenser's license from
maintaining dual or separate licenses if he or she chooses to do so.
(2) A licensed audiologist whose license to sell hearing aids,
issued pursuant to Chapter 7.5 (commencing with Section 3300), is
suspended, surrendered, or revoked shall not be authorized to sell
hearing aids pursuant to this subdivision and he or she shall be
subject to the requirements described in subdivision (a) as well as
the other provisions of this chapter.
(c) A licensed hearing aid dispenser who meets the qualifications
for licensure as an audiologist shall be deemed to have satisfied the
requirements of paragraph (1) of subdivision (a) for the purposes of
obtaining a dispensing audiology license.
(d) For purposes of subdivision (a), the board shall provide the
hearing aid dispenser's examination provided by the former Hearing
Aid Dispensers Bureau until such time as the next examination
validation and occupational analysis is completed by the Department
of Consumer Affairs pursuant to Section 139 and a determination is
made that a different examination is to be administered.

2539.2. (a) Hearing aids may be sold by catalog or direct mail
provided that:
(1) The seller is licensed as an audiologist in this state and is
authorized to sell hearing aids pursuant to Section 2539.1.
(2) There is no fitting, selection, or adaptation of the
instrument and no advice is given with respect to fitting, selection,
or adaptation of the instrument and no advice is given with respect
to the taking of an ear impression for an earmold by the seller.
(3) The seller has received a statement which is signed by a
physician and surgeon, audiologist, or a hearing aid dispenser,
licensed by the State of California which verifies that Section
2539.6 has been complied with.
(b) A copy of the statement referred to in paragraph (3) of
subdivision (a) shall be retained by the seller for the period
provided for in Section 2539.10.

2539.4. A licensed audiologist shall, upon the consummation of a
sale of a hearing aid, deliver to the purchaser a written receipt,
signed by or on behalf of the licensed audiologist, containing all of
the following:
(a) The date of consummation of the sale.
(b) Specifications as to the make, serial number, and model number
of the hearing aid or aids sold.
(c) The address of the principal place of business of the licensed
audiologist, and the address and office hours at which the licensed
audiologist shall be available for fitting or postfitting adjustments
and servicing of the hearing aid or aids sold.
(d) A statement to the effect that the aid or aids delivered to
the purchaser are used or reconditioned, as the case may be, if that
is the fact.
(e) The number of the licensed audiologist's license and the name
and license number of any other hearing aid dispenser, temporary
licensee, or audiologist who provided any recommendation or
consultation regarding the purchase of the hearing aid.
(f) The terms of any guarantee or written warranty, required by
Section 1793.02 of the Civil Code, made to the purchaser with respect
to the hearing aid or hearing aids.

2539.6. (a) Whenever any of the following conditions are found to
exist either from observations by the licensed audiologist or on the
basis of information furnished by the prospective hearing aid user, a
licensed audiologist shall, prior to fitting or selling a hearing
aid to any individual, suggest to that individual in writing that his
or her best interests would be served if he or she would consult a
licensed physician specializing in diseases of the ear or if no
licensed physician is available in the community then to a duly
licensed physician:
(1) Visible congenital or traumatic deformity of the ear.
(2) History of, or active, drainage from the ear within the
previous 90 days.
(3) History of sudden or rapidly progressive hearing loss within
the previous 90 days.
(4) Acute or chronic dizziness.
(5) Unilateral hearing loss of sudden or recent onset within the
previous 90 days.
(6) Significant air-bone gap (when generally acceptable standards
have been established).
(7) Visible evidence of significant cerumen accumulation or a
foreign body in the ear canal.
(8) Pain or discomfort in the ear.
(b) No referral for medical opinion need be made by any licensed
audiologist in the instance of replacement only of a hearing aid that
has been lost or damaged beyond repair within one year of the date
of purchase. A copy of the written recommendation shall be retained
by the licensed audiologist for the period provided for in Section
2539.10. A person receiving the written recommendation who elects to
purchase a hearing aid shall sign a receipt for the same, and the
receipt shall be kept with the other papers retained by the licensed
audiologist for the period provided for in Section 2539.10. Nothing
in this section required to be performed by a licensed audiologist
shall mean that the licensed audiologist is engaged in the diagnosis
of illness or the practice of medicine or any other activity
prohibited by the provisions of this code.

2539.8. No hearing aid shall be sold by an individual licensed as
an audiologist under this chapter to a person 16 years of age or
younger, unless within the preceding six months a recommendation for
a hearing aid has been made by both a board-certified, or a
board-eligible physician specializing in otolaryngology, and by a
state licensed audiologist. A replacement of an identical hearing aid
within one year shall be an exception to this requirement.

2539.10. A licensed audiologist shall, upon the consummation of a
sale of a hearing aid, keep and maintain records in his or her office
or place of business at all times and each such record shall be kept
and maintained for a seven-year period. These records shall include:
(a) Results of test techniques as they pertain to fitting of the
hearing aid.
(b) A copy of the written receipt required by Section 2539.4 and
the written recommendation and receipt required by Section 2539.6,
when applicable.

2539.12. A licensed audiologist who is the owner, manager, or
franchisee at a location where hearing aids are fit or sold, shall be
responsible for the adequacy of the fitting or selling of any
hearing aid fit and sold by any licensee or licensees at that
location.

2539.14. The provisions of subdivisions (b) and (c) of Section 3306
and the provisions of Section 3306.3 do not apply to a licensed
audiologist who satisfies the requirements of Section 2539.1.