SECTIONS 3350-3367 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 3350-3367

3350. It is unlawful for an individual to engage in the practice of
fitting or selling hearing aids, or to display a sign or in any
other way to advertise or hold himself or herself out as being so
engaged without having first obtained a license from the board under
the provisions of this chapter. Nothing in this chapter shall
prohibit a corporation, partnership, trust, association or other like
organization maintaining an established business address from
engaging in the business of fitting or selling, or offering for sale,
hearing aids at retail without a license, provided that any and all
fitting or selling of hearing aids is conducted by the individuals
who are licensed pursuant to the provisions of this chapter. A person
whose license as a hearing aid dispenser has been suspended or
revoked shall not be the proprietor of a business that engages in the
practice of fitting or selling hearing aids nor shall that person be
a partner, shareholder, member, or fiduciary in a partnership,
corporation, association, or trust that maintains or operates that
business, during the period of the suspension or revocation. This
restriction shall not apply to stock ownership in a corporation that
is listed on a stock exchange regulated by the Securities and
Exchange Commission if the stock is acquired in a transaction
conducted through that stock exchange.

3351. This chapter does not apply to a person engaged in the
practice of fitting hearing aids if his practice is for a
governmental agency, or private clinic, or is part of the academic
curriculum of an accredited institution of higher education, or part
of a program conducted by a public, charitable institution or other
nonprofit organization, and who does not engage directly or
indirectly in the sale or offering for sale of hearing aids.

3351.3. This chapter does not apply to nor affect any physician and
surgeon licensed under Chapter 5 (commencing with Section 2000) of
Division 2 who does not directly or indirectly engage in the sale or
offering for sale of hearing aids, nor to any audiologist licensed
under Chapter 5.3 (commencing with Section 2530), or to an individual
supervised by such audiologist in conducting fitting procedures, and
who does not directly or indirectly engage in the sale or offering
for sale of hearing aids.

3351.5. (a) Hearing aids may be sold by catalog or direct mail
provided that:
(1) The seller is licensed as a hearing-aid dispenser in this
state.
(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
3365.5 and subdivision (b) of Section 3427.5 have 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 3366.
(c) A licensed hearing-aid dispenser who sells a hearing aid under
this section shall not be required to comply with subdivision (b) of
Section 3427.5.

3352. Each person desiring to obtain a license to engage in the
practice of fitting or selling hearing aids shall make application to
the board. The application shall be made upon a form and shall be
made in the manner as is provided by the board and shall be
accompanied by the fee provided for in Section 3456.

3353. (a) The board shall prepare, approve, grade, and conduct
examinations of applicants for a hearing aid dispenser's license. The
board may provide that the preparation and grading of the
examination be conducted by a competent person or organization other
than the board, provided, however, that the board shall establish the
guidelines for the examination and shall approve the actual
examination.
(b) Each applicant shall take and pass a written examination and a
practical examination compiled at the direction of the board
covering the critical tasks involved in the practice of fitting and
selling hearing aids and the knowledge, skills, and abilities needed
to perform those tasks safely and competently.

3354. The board shall issue a license to all applicants who have
satisfied this chapter, who are at least 18 years of age, who possess
a high school diploma or its equivalent, who have not committed acts
or crimes constituting grounds for denial of licensure under Section
480, and who have paid the fees provided for in Section 3456. No
license shall be issued to any person other than an individual.

3356. (a) An applicant who has fulfilled the requirements of
Section 3352 and has made application therefor, may have a temporary
license issued to him or her upon satisfactory proof to the board
that the applicant holds a hearing aid dispenser's license in another
state, that the licensee has not been subject to formal disciplinary
action by another licensing authority, and that the applicant has
been engaged in the fitting and sale of hearing aids for the two
years immediately prior to application.
(b) A temporary license issued pursuant to this section shall be
valid for one year from date of issuance and is not renewable. A
temporary license shall automatically terminate upon issuance of a
license prior to expiration of the one-year period.
(c) The holder of a temporary license issued pursuant to this
section who fails either license examination shall be subject to and
shall comply with the supervision requirements of Section 3357 and
any regulations adopted pursuant thereto.

3357. (a) An applicant who has fulfilled the requirements of
Section 3352, and has made application therefor, and who proves to
the satisfaction of the board that he or she will be supervised and
trained by a hearing aid dispenser who is approved by the board may
have a temporary license issued to him or her. The temporary license
shall entitle the temporary licensee to fit or sell hearing aids as
set forth in regulations of the board. The supervising dispenser
shall be responsible for any acts or omissions committed by a
temporary licensee under his or her supervision that may constitute a
violation of this chapter.
(b) The board shall adopt regulations setting forth criteria for
its refusal to approve a hearing aid dispenser to supervise a
temporary licensee, including procedures to appeal that decision.
(c) A temporary license issued pursuant to this section is
effective and valid for six months from date of issue. The board may
renew the temporary license for an additional period of six months.
Except as provided in subdivision (d), the board shall not issue more
than two renewals of a temporary license to any applicant.
Notwithstanding subdivision (d), if a temporary licensee who is
entitled to renew a temporary license does not renew the temporary
license and applies for a new temporary license at a later time, the
new temporary license shall only be issued and renewed subject to the
limitations set forth in this subdivision.
(d) A new temporary license may be issued pursuant to this
section if a temporary license issued pursuant to subdivision (c) has
lapsed for a minimum of three years from the expiration or
cancellation date of the previous temporary license. The bureau may
issue only one new temporary license under this subdivision.

3358. A temporary licensee under Section 3357 shall take the
license examination within the first 10 months after the temporary
license is issued. Failure to take the license examination within
that time shall result in expiration of the temporary license, and it
shall not be renewed unless the temporary licensee has first taken
the licensure examination. The board, however, may in its discretion
renew the temporary license if the licensee failed to take the
necessary examination due to illness or other hardship.

3359. (a) A temporary licensee shall not be the sole proprietor of,
manage, or independently operate a business which engages in the
fitting or sale of hearing aids.
(b) A temporary licensee shall not advertise or otherwise
represent that he or she holds a license as a hearing aid dispenser.

3360. Practical examinations shall be held by the board at least
twice a year. The time and place of any practical examination shall
be fixed by the board at least 45 days prior to the date it is to be
held.

3361. Every applicant who obtains a passing score determined by the
Angoff criterion-referenced method of establishing the point in each
examination shall be deemed to have passed that examination. An
applicant shall pass the written examination before he or she may
take the practical examination. An applicant shall obtain a passing
score on both the written and the practical examination in order to
be issued a license.

3362. (a) Before engaging in the practice of fitting or selling
hearing aids, each licensee shall notify the board in writing of the
address or addresses where he or she is to engage, or intends to
engage, in the practice of fitting or selling hearing aids, and of
any changes in his or her place of business within 30 days of
engaging in that practice.
(b) If a street address is not the address at which the licensee
receives mail, the licensee shall also notify the board in writing of
the mailing address for each location where the licensee is to
engage, or intends to engage, in the practice of fitting or selling
hearing aids, and of any change in the mailing address of his or her
place or places of business.

3363. Each holder of a license shall keep it conspicuously posted
in his office or place of business at all times.

3364. (a) Every licensee who engages in the practice of fitting or
selling hearing aids shall have and maintain an established retail
business address to engage in that fitting or selling, routinely open
for service to customers or clients. The address of the licensee's
place of business shall be registered with the bureau as provided in
Section 3362.
(b) Except as provided in subdivision (c), if a licensee maintains
more than one place of business within this state, he or she shall
apply for and procure a duplicate license for each branch office
maintained. The application shall state the name of the person and
the location of the place or places of business for which the
duplicate license is desired.
(c) A hearing aid dispenser may, without obtaining a duplicate
license for a branch office, engage on a temporary basis in the
practice of fitting or selling hearing aids at the primary or branch
location of another licensee's business or at a location or facility
that he or she may use on a temporary basis, provided that the
hearing aid dispenser notifies the board in advance in writing of the
dates and addresses of those businesses, locations, or facilities at
which he or she will engage in the practice of fitting or selling
hearing aids.

3365. A licensee 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 licensee, 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
licensee, and the address and office hours at which the licensee
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 licensee's license and the name and license
number of any other hearing aid dispenser or temporary licensee 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.

3365.5. (a) Whenever any of the following conditions are found to
exist either from observations by the licensee or on the basis of
information furnished by the prospective hearing aid user, a licensee
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 such 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 licensee
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 licensee for the period provided for in Section 3366. 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 licensee for the period
provided for in Section 3366. Nothing in this section required to be
performed by a licensee shall mean that the licensee is engaged in
the diagnosis of illness or the practice of medicine or any other
activity prohibited by the provisions of this code.

3365.6. No hearing aid shall be sold by an individual licensed
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.

3366. A licensee 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 record shall be kept and maintained
for a seven-year period. All records related to the sale and fitting
of hearing aids shall be open to inspection by the bureau or its
authorized representatives upon reasonable notice. The records kept
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 3365 and the
written recommendation and receipt required by Section 3365.5 when
applicable.
(c) Records of maintenance or calibration of equipment used in the
practice of fitting or selling hearing aids.

3367. A hearing aid dispenser 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.