38-1509 Sale or fitting of hearing instruments; license required. - Nebraska Statutes

38-1509. Sale or fittingof hearing instruments; license required.(1) No person shall engage in the sale of or practice offitting hearing instruments or display a signor in any other way advertise or represent himself or herself as a personwho practices the fitting and sale or dispensing of hearing instruments unlesshe or she holds an unsuspended, unrevoked hearinginstrument specialist license issued by the department as providedin the Hearing Instrument Specialists Practice Act.A hearing instrument specialist licenseshall confer upon the holder the right to select, fit, and sell hearing instruments. A person holding a license issued under theact prior to August 30, 2009, may continue to practice under such licenseuntil it expires under the terms of the license.(2) A licensed audiologist who maintains a practice pursuantto licensure as an audiologist in which hearing instruments areregularly dispensed or who intends to maintain such a practice shall alsobe licensed as a hearing instrumentspecialist pursuant to subsection (4) of section 38-1512.(3) Nothing in the act shall prohibit a corporation, partnership,limited liability company, trust, association, or other like organizationmaintaining an established business address from engaging in the businessof selling or offering for sale hearing instruments at retail withouta license if it employs only properly licensed natural persons in the directsale and fitting of such products.(4) Nothing in the act shall prohibit the holder of a hearing instrument specialist licensefrom the fitting and sale of wearable instruments or devices designed foror offered for the purpose of conservation or protection of hearing. SourceLaws 1969, c. 767, § 2, p. 2904; Laws 1986, LB 701, § 2; Laws 1988, LB 1100, § 149; Laws 1992, LB 1019, § 79; Laws 1993, LB 121, § 438; R.S.1943, (2003), § 71-4702; Laws 2007, LB247, § 52; Laws 2007, LB247, § 70; Laws 2007, LB463, § 573; Laws 2009, LB195, § 27.