43-33 Hearing Aid Dealers - North Dakota Statutes

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CHAPTER 43-33HEARING AID DEALERS43-33-01. Definitions. As used in this chapter, unless the context requires otherwise:1."Board" means the board of hearing aid specialists.2."Hearing aid" or "hearing instrument" means any wearable instrument or device
designed for or offered for the purpose of aiding or compensating for impaired
human hearing and any parts, attachments, or accessories including earmold, but
excluding batteries, cords, and earmold tubing.3."License" means a license issued under this chapter to a hearing aid specialist.4."Licensee" means a hearing aid specialist licensed under this chapter.5."Practice of fitting and dispensing hearing instruments" means the measurement of
human hearing to determine hearing loss by means of an audiometer or by any
means solely for the purpose of making selections, adaptations, repairs, or sale of
hearing instruments.The term also includes the making of impressions forearmolds.A licensee, at the request of a physician or member of relatedprofessions, may make audiograms for the professional's use in consultation with
the hard-of-hearing.6."Sell" or "sale" includes a transfer of title or of the right to use by lease, bailment, or
any other contract. This excludes wholesale to distributors or dispensers.7."Trainee permit" means a temporary permit issued while an applicant is in training to
become a licensee.43-33-02. License required to sell or fit hearing instruments.1.A person may not engage in the sale of or practice of fitting hearing instruments or
display a sign or in any other way advertise or represent that that person practices
the fitting and sale of hearing instruments unless that person holds an unsuspended,
unrevoked license issued by the board as provided in this chapter. The license must
be conspicuously posted in the licensee's office or place of business.Duplicatelicenses must be issued by the board to valid licenseholders operating more than
one office for a fee determined by the board. A license confers upon the holder the
right to select, fit, and sell hearing instruments, and the right to conduct any
necessary hearing testing incident to the selecting, fitting, and selling of hearing
instruments.2.This chapter does not prohibit a person maintaining an established business
address from engaging in the business of selling or offering for sale hearing
instruments at retail without a license if that person employs only properly licensed
individuals in the direct sale and fitting of such products. Such persons shall file
annually with the board a list of all licensees directly or indirectly employed by it.
Those persons shall also file with the board a statement on a form approved by the
board that they submit themselves to the rules of the board and the provisions of this
chapter.43-33-02.1. Conviction not bar to licensure - Exceptions. Conviction of an offensedoes not disqualify a person from licensure under this chapter unless the board determines that
the offense has a direct bearing upon a person's ability to serve the public as a hearing aid
specialist, or determines that, following conviction of any offense, the person is not sufficiently
rehabilitated under section 12.1-33-02.1.Page No. 143-33-03.Receipt required to be furnished to a person supplied with hearinginstruments.1.Any person who practices the fitting and sale of hearing instruments shall deliver to
each person supplied with a hearing instrument a receipt that contains the licensee's
signature, the licensee's business address, the number of the licensee's certificate,
the make and model of the hearing instrument furnished, and the full terms of the
sale.If an instrument that is not new is sold, the receipt and the instrument'scontainer must be clearly marked as "used" or "reconditioned" whichever is
applicable, with the terms of guarantee, if any.2.The receipt must bear in no smaller type than the largest used in the body copy
portion the following: Any examination or representation made by a licensed hearing
aid specialist in connection with the fitting and selling of this hearing instrument is
not an examination, diagnosis, or prescription by a person licensed to practice
medicine in this state and therefore, must not be regarded as medical opinion or
advice.43-33-04.Persons and practices not affected.This chapter does not prevent orrestrict:1.A person from engaging in the practice of measuring human hearing for the purpose
of selection of hearing instruments if the person or organization employing that
person does not sell hearing instruments.2.A person employed as a hearing aid specialist by the federal government from
engaging in the practice of fitting and dispensing hearing instruments if the person
performs the practice solely within the confines or under the jurisdiction of the
government of the United States.3.Activities and services of a person pursuing a course of study leading to a graduate
degree in audiology at a college or university if the activities or services are under
the direct supervision of a licensee, constitute a part of a supervised course of study,
and the person is designated an audiology intern or trainee or by another title clearly
indicating the training status appropriate to the level of training.43-33-05. License by experience. Repealed by S.L. 1991, ch. 474,