346.110. Prohibited acts. - Missouri Statutes

Prohibited acts.

346.110. No person shall:

(1) Sell through the mails, hearing instruments without prior fittingand testing by a hearing instrument specialist licensed under this chapteror an audiologist licensed under chapter 345, RSMo;

(2) Sell, barter, or offer to sell or barter a license;

(3) Purchase or procure by barter a license with intent to use it asevidence of the holder's qualification to engage in the practice of fittinghearing instruments;

(4) Alter a license with fraudulent intent;

(5) Use or attempt to use as a valid license a license which has beenpurchased, fraudulently obtained, counterfeited or materially altered;

(6) Willfully make a false statement in an application for license orapplication for renewal of a license.

(L. 1973 H.B. 396 & 257 § 23, A.L. 1995 S.B. 69, et al., A.L. 2007 H.B. 780 merged with S.B. 308)

(2006) Section prohibiting mail order sales of hearing aids without prior fitting and testing is preempted by Medical Devices Amendment to the Food, Drug and Cosmetics Act. Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express, Inc., 447 F.3d 1033 (8th Cir.).