§ 93D-3. North Carolina State Hearing Aid Dealers and Fitters Board; composition, organization, duties and compensation. - North Carolina Statutes

§ 93D‑3.  North CarolinaState Hearing Aid Dealers and Fitters Board; composition, organization, dutiesand compensation.

(a)        There is herebycreated a board whose duty it shall be to carry out the purposes and enforcethe provisions of this Chapter, and which shall be known as the "NorthCarolina State Hearing Aid Dealers and Fitters Board." The Board shall becomposed of seven members. Four members who have been actively engaged in thefitting and selling of hearing aids for three years shall be appointed by theGovernor. These initial appointments are for the following terms: one for oneyear, one for two years, one for three years and one for four years. Allappointments made on or after July 1, 1981, shall be for terms of three years.

One member shall be appointedby the Governor who shall be a physician practicing in North Carolina,preferably specializing in the field of otolaryngology. All appointments shallbe for terms of three years.

One member shall be appointedby the Governor from a list of two audiologists residing in North Carolina,which list shall be compiled by the North Carolina Speech and HearingAssociation. This initial appointment shall be for a term of three years. Allappointments made on or after July 1, 1981, shall be for a term of three years.

One member shall be appointedby the Governor to represent the interest of the public at large. This membershall have no ties to the hearing aid business nor shall he be an audiologist.The Governor shall appoint the public member not later than July 1, 1981, toserve a term of three years.

All Board members serving onJune 30, 1981, shall be eligible to complete their respective terms. No memberappointed to a term on or after July 1, 1981, shall serve more than twocomplete consecutive terms.

Vacancies on the Board shallbe filled by appointment of the Governor. Appointees shall serve the unexpiredterm of their predecessor in office and must be appointed from the samecategory as their predecessor in office. The members of the Board, before enteringtheir duties, shall respectively take all oaths taken and prescribed for otherState officers, in the manner provided by law, which oaths shall be filed inthe office of the Secretary of State, and the Board shall have a common seal.

(b)        The Board shallchoose, at the first regular meeting and annually thereafter, one of itsmembers to serve as president and one as secretary and treasurer. A majority ofthe Board shall constitute a quorum. The Board shall meet at least once a year,the time and place of the annual meeting and any special meetings to bedesignated by the president. The secretary and treasurer of the Board shallkeep a full record of its proceedings, including a current list of alllicensees, which shall at all reasonable times be open to public inspection.The Board is authorized to employ an executive secretary and to provide suchassistance as may be required to enable said Board to properly perform itsduties.

(c)        The Board shall:

(1)        Authorize alldisbursements necessary to carry out the provisions of this Chapter;

(2)        Supervise andadminister qualifying examinations to test and determine the knowledge andproficiency of applicants for licenses;

(3)        Issue licenses toqualified persons who apply to the Board;

(4)        Obtain audiometric equipmentand facilities necessary to carry out the examination of applicants forlicenses;

(5)        Suspend or revokelicenses pursuant to this Chapter;

(6)        Make and publishrules, including a code of ethics, that are necessary and proper to regulatethe fitting and selling of hearing aids and to carry out the provisions of thisChapter;

(7)        Exercisejurisdiction over the hearing of complaints, charges of malpractice includingcorrupt or unprofessional conduct, and allegations of violations of the Board'srules that are made against any fitter and seller of hearing aids in NorthCarolina;

(8)        Require the periodicinspection and calibration of audiometric testing equipment of persons who arefitting and selling hearing aids;

(9)        In connection withany matter within the jurisdiction of the Board, summon and subpoena andexamine witnesses under oath and to compel their attendance and the productionof books, papers, or other documents or writings deemed by the Board to benecessary or material to the inquiry. Each summons or subpoena shall be issuedunder the hand of the secretary and treasurer or the president of the Board andshall have the force and effect of a summons or subpoena issued by a court ofrecord. Any witness who shall refuse or neglect to appear in obedience theretoor to testify or produce books, papers, or other documents or writings requiredshall be liable to contempt charges. The Board shall pay to any witnesssubpoenaed before it the fees and per diem as paid witnesses in civil actionsin the superior court of the county where such hearing is held;

(10)      Inform the AttorneyGeneral of any information or knowledge it acquires regarding any "price‑fixing"activity whatsoever in connection with the sales and service of hearing aids;

(11)      Establish and enforcerules to guarantee that a full refund will be made by the seller of a hearingaid to the purchaser when presented with a written medical opinion of anotolaryngologist that the purchaser's hearing cannot be improved by the use ofa hearing aid;

(12)      Fund, establish,conduct, approve and sponsor instructional programs for registered apprenticesand for persons who hold a license as well as for persons interested inobtaining adequate instruction or programs of study to qualify them forregistration to the extent that the Board deems such instructional programs tobe beneficial or necessary;

(13)      Register personsserving as apprentices as set forth in G.S. 93D‑9;

(14)      Have the power to setand collect fees in accordance with Chapter 150B of the General Statutes forthe items listed in this subdivision and for other items for which this Chaptergives the Board the authority to set a fee:

a.         For a continuingeducation make‑up class provided by the Board, a fee not to exceed fiftydollars ($50.00) per person for each day of instruction. The Board may notoffer a make‑up class that is longer than two days;

b.         For a licenseexamination preparation course provided by the Board, a fee not to exceed fiftydollars ($50.00) per person for each day of instruction. The Board may notoffer an examination preparation course that is longer than three days;

c.         For approval of acontinuing education program provider, a fee not to exceed forty dollars($40.00);

d.         For verifying andrecording attendance at a continuing education program not provided by theBoard, a fee not to exceed fifteen dollars ($15.00) per licensee per program;

e.         For providing avoluntary two‑day apprentice training workshop, a fee not to exceed onehundred dollars ($100.00) per person, and for providing a three‑dayvoluntary apprentice training workshop, a fee not to exceed one hundred fiftydollars ($150.00) per person;

f.          For administeringan examination, a fee  of three hundred dollars ($300.00); and

(15)      Adopt annually abalanced budget prior to the beginning of its fiscal year, against whichexpenditures shall be reviewed throughout the fiscal year to ensure thatexpenditures during the year do not exceed receipts for that year plus amountsheld by the Board in reserve. Except for monies from charges for photocopyingand similar charges, the Board's receipts shall consist of and be limited tofunds derived from fees expressly authorized by law.

(d)        Members of theBoard shall be entitled to travel, per diem, and other expenses authorized byG.S. 93B‑5. The expenses shall be paid from the fees and assessmentsreceived by the Board under the provisions of this Chapter. No part of theseexpenses or any other expenses of the Board, in any manner whatsoever, shall bepaid out of the State treasury. All moneys received in excess of expenseallowance and mileage, as above provided, shall be held by the secretary‑treasureras a special fund for meeting other expenses of the Board and carrying out theprovisions of this Chapter.

The Board shall make an annualreport of its proceedings in accordance with G.S. 93B‑2. (1969, c. 999; 1973, c. 1331,s. 3; c. 1345, ss. 1, 2; 1975, c. 550, s. 1; 1981, c. 601, ss. 2‑5; 1987,c. 827, s. 80; 1991, c. 592, s. 1; 2007‑406, ss. 1, 2.)