SECTIONS 3300-3322 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3300-3322

3300. For the purposes of this chapter, the following definitions
shall apply:
(a) "Person" includes any individual, partnership, corporation,
limited liability company, or other organization, or any combination
thereof.
(b) "Advertise" and its variants include the use of a newspaper,
magazine, or other publication, book, notice, circular, pamphlet,
letter, handbill, poster, bill, sign, placard, card, label, tag,
window display, store sign, radio, or television announcement, or any
other means or methods now or hereafter employed to bring to the
attention of the public the practice of fitting or selling of hearing
aids.
(c) "Board" means the Speech-Language Pathology and Audiology and
Hearing Aid Dispensers Board.
(d) "License" means a hearing aid dispenser's license issued
pursuant to this chapter and includes a temporary license.
(e) "Licensee" means a person holding a license.
(f) "Hearing aid" means any wearable instrument or device designed
for, or offered for the purpose of, aiding or compensating for
impaired human hearing.
(g) "Fund" means the Speech-Language Pathology and Audiology Fund.
(h) "Account" means the Hearing Aid Dispensers Account of the
Speech-Language Pathology and Audiology Fund. As used in this chapter
or any other provision of law, "Hearing Aid Dispensers Fund" shall
be deemed to refer to the Hearing Aid Dispensers Account of the
Speech-Language Pathology and Audiology Fund.

3306. (a) "Practice of fitting or selling hearing aids," as used in
this chapter, means those practices used for the purpose of
selection and adaptation of hearing aids, including direct
observation of the ear, testing of hearing in connection with the
fitting and selling of hearing aids, taking of ear mold impressions,
fitting or sale of hearing aids, and any necessary postfitting
counseling.
The practice of fitting or selling hearing aids does not include
the act of concluding the transaction by a retail clerk.
When any audiometer or other equipment is used in the practice of
fitting or selling hearing aids, it shall be kept properly calibrated
and in good working condition, and the calibration of the audiometer
or other equipment shall be checked at least annually.
(b) A hearing aid dispenser shall not conduct diagnostic hearing
tests when conducting tests in connection with the practice of
fitting or selling hearing aids.
(c) Hearing tests conducted pursuant to this chapter shall include
those that are in compliance with the Food and Drug Administration
Guidelines for Hearing Aid Devices and those that are specifically
covered in the licensing examination prepared and administered by the
board.

3306.3. A licensee may conduct hearing screenings at a health fair
or similar event by the application of a binary puretone screening at
a preset intensity level for the purpose of identifying the need for
further hearing or medical evaluation.
Upon the conclusion of each hearing screening, the licensee shall
present to the person whose hearing was screened a written statement
containing the following provisions:
"Results of a hearing screening are not a medical evaluation of
your ear nor a diagnosis of a hearing disorder but are only the
identification of the need for further medical or hearing evaluation."

A licensee conducting hearing screenings pursuant to this section
shall not make or seek referrals for testing, fitting, or dispensing
of hearing aids.

3306.5. In fitting hearing aids, a hearing aid dispenser shall not
take facial measurements or fit, adjust, or adapt lenses or spectacle
frames, except that a hearing aid dispenser may replace the temple
or temples of a person's spectacle frames with a temple or temples
incorporating hearing aid components.

3307. "Hearing aid dispenser," as used in this chapter, means a
person engaged in the practice of fitting or selling hearing aids to
an individual with impaired hearing.

3308. "Sell" or "sale" means any transfer of title or of the right
to use by lease, bailment, or any other contract, excluding wholesale
transactions with distributors or dealers.

3310. This chapter shall be known and may be cited as the Hearing
Aid Dispensers Licensing Law.

3320. (a) The duties, powers, purposes, responsibilities, and
jurisdiction of the Hearing Aid Dispensers Bureau within the
Department of Consumer Affairs are hereby transferred to the
Speech-Language Pathology and Audiology Board.
(b) Any reference to the bureau in this chapter and its
regulations, and elsewhere, shall be construed as a reference to the
board.
(c) In the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board may consult
with industry representatives.
(d) For the performance of the duties and the exercise of the
powers vested in the board under this chapter, the board shall have
possession and control of all records, papers, offices, equipment,
supplies, or other property, real or personal, held for the benefit
or use by the former Hearing Aid Dispensers Bureau.
(e) All regulations in Division 13.3 (commencing with Section
1399.100) of Title 16 of the California Code of Regulations are
continued in existence under the administration of the board.

3320.1. Protection of the public shall be the highest priority for
the board in exercising its licensing, regulatory, and disciplinary
functions. Whenever the protection of the public is inconsistent with
other interests sought to be promoted, the protection of the public
shall be paramount.

3322. (a) The duty of administering and enforcing this chapter is
vested in the board.
(b) The board is vested with the duties, powers, purposes,
responsibilities, and jurisdiction granted under this chapter and
under Chapter 5.3 (commencing with Section 2530).