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Regular Session, 2011
HOUSE BILL NO. 276
BY REPRESENTATIVE MONTOUCET
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEARING AID DEALERS: Provides with respect to the La. Hearing Aid Licensing Act
AN ACT1
To amend and reenact R.S. 37:2442(6)(introductory paragraph), 2446.1(C), 2449(B), and2
2449.1(B)(4), (C)(1) and (2), and (E), 2449.2(A)(introductory paragraph) and (B),3
and 2449.3(A) and to enact R.S. 37:2444.1 and 2444.2, relative to hearing aid4
dealers; to provide for definitions; to establish a testing period for hearing aids; to5
establish a three-day cooling off period for the purchase of a hearing aid; to provide6
for continuing education requirements; to provide for temporary training permits; to7
provide for guidelines for training of temporary training permit holders; to establish8
sponsor and co-sponsor requirements; to provide for authority of temporary training9
permit holders; and to provide for related matters.10
Be it enacted by the Legislature of Louisiana:11
Section 1. R.S. 37:2442(6)(introductory paragraph), 2446.1(C), 2449(B),12
2449.1(B)(4), (C)(1) and (2), and (E), 2449.2(A)(introductory paragraph) and (B), and13
2449.3(A) are hereby amended and reenacted and R.S. 37:2444.1 and 2444.2 are hereby14
enacted to read as follows: 15
§2442. Definitions16
The following words or phrases, when used in this Chapter, shall have the17
following meanings:18
* * *19
(6) Unethical conduct means includes but is not limited to the following:20
* * *21 HLS 11RS-491 REENGROSSED
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§2444.1. Testing period for hearing aids1
A. Any person licensed pursuant to this Chapter who sells a hearing aid to2
a consumer shall provide a written receipt or written contract to the consumer. The3
written receipt or contract shall provide the consumer with a thirty-day right to4
cancel the purchase if the consumer finds that the hearing aid does not function5
adequately for the consumer. If the consumer cancels the hearing aid purchase based6
on this Subsection, the consumer may obtain a refund if he returns the hearing aid7
to the seller in the same condition, ordinary wear and tear excluded, as when8
purchased. The written receipt or contract shall notify the consumer of the thirty-day9
right to cancel period in at least ten point type. The thirty-day right to cancel period10
shall commence from either the date the hearing aid is originally delivered to the11
consumer or the date the written receipt or contract is delivered to the consumer,12
whichever is later. The thirty-day period shall be interrupted for any period during13
which the hearing aid seller, dealer, or fitter has possession or control of the hearing14
aid after its original delivery.15
B. Upon exercise of the thirty-day right to cancel a hearing aid purchase, the16
seller of the hearing aid is entitled to a cancellation fee not to exceed fifteen percent17
of all fees charged to the consumer, including testing, fitting, counseling, and the18
purchase price of the hearing aid. The exact amount of the cancellation fee shall be19
stated in the written receipt or contract provided to the consumer. 20
§2444.2. Three-day cooling off period21
A. A consumer may cancel any transaction for the purchase of a hearing aid,22
without any penalty or obligation, within three business days of the date the hearing23
aid is actually ordered by the consumer. Upon such cancellation, any property traded24
in for credit, any payments made by the consumer under the contract or sale, and any25
negotiable instrument executed thereupon shall be returned by the seller to the26
consumer within ten business days following receipt by the seller of the cancellation27
notice. Any security interest arising out of the transaction shall be immediately28
canceled.29 HLS 11RS-491 REENGROSSED
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B.(1) Upon cancellation, the consumer shall make available to the seller in1
the same mode as received, in substantially as good condition as when received, any2
goods delivered under the contract or sale. If the product, if received by delivery to3
consumer, is made available to the seller and the seller does not pick it up within4
twenty days of the date of the notice of cancellation, the consumer bears no further5
obligation for the return of the product; however, if the consumer fails to make the6
product available to the seller, or agrees to return the product to the seller and fails7
to do so, then the consumer remains liable for performance of all obligations under8
the contract.9
(2) The notice of cancellation shall be effective if it is delivered to the seller10
within the time frame described in Paragraph (1) of this Subsection and shall include11
a signed and dated copy of the subject contract, receipt, sales form, or other12
document evidencing all the terms of the transaction and the consumer's written13
notice to cancel.14
* * *15
§2446.1. Continuing education requirement16
* * *17
C. Any person receiving a license by reciprocity endorsement or examination18
on July first or later in that year shall not be required to have the ten fifteen hours of19
continuing education until December thirty-first of the following year.20
* * *21
§2449. Temporary training permit22
* * *23
B. Upon receiving an application provided under pursuant to Subsection A24
of this Section, accompanied by a fee of one hundred dollars, the board shall issue25
a temporary training permit which shall entitle the applicant to participate in the26
fitting and selling of hearing aids, under direct supervision, for a period ending thirty27
days after the conclusion of the next examination the applicant is required to take.28
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§2449.1. Guidelines for training of temporary training permit holders1
* * *2
B. The guidelines shall include all of the following:3
* * *4
(4) The responsibility of the sponsor and co-sponsor for direct and indirect5
supervision of all aspects of the training.6
C. The training period begins on the date of the issuance of the temporary7
permit. A temporary training permit holder must complete at least one hundred fifty8
hours of directly supervised practicum that includes:9
(1) Twenty-five contact hours of pure tone air conduction, bone conduction,10
and speech audiometry, recorded and or live voice, with fifteen of the required hours11
being with actual clients.12
(2) Twenty-five contact hours of hearing instrument evaluations, including13
sound-field measurements with recorded and or live voice.14
* * *15
E. On completion of the directly supervised practicum required under16
Subsection C of this Section, the temporary training permit holder shall complete17
continue the permit holder's training under the indirect direct supervision of the18
permit holder's sponsor or co-sponsor.19
§2449.2. Sponsor and co-sponsor requirements20
A. A sponsor and co-sponsor of a temporary training permit holder must21
shall be a licensed hearing instrument dispenser having the qualifications established22
by this Chapter and:23
* * *24
B. A sponsor or co-sponsor, as appropriate, shall directly and indirectly25
supervise a temporary training permit holder. A sponsor or co-sponsor shall provide26
direct supervision by being located on the premises and available to the temporary27
training permit holder for prompt consultation. A sponsor or co-sponsor shall28 HLS 11RS-491 REENGROSSED
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provide indirect direct supervision by reviewing daily a temporary training permit1
holder's patient contact and daily work.2
* * *3
§2449.3. Authority of temporary training permit holder4
A. A temporary training permit holder may provide routine fitting and5
dispensing of hearing instruments that have been ordered by the sponsor or co-6
sponsor. The sponsor, or co-sponsor, in consultation with the board, is the sole judge7
of whether the permit holder has the qualifications necessary to perform routine8
fitting and dispensing. A sponsor or co-sponsor is accountable to the board for the9
actions and misdeeds of a temporary training permit holder acting at the sponsor's10
or co-sponsor's discretion.11
* * *12
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Montoucet HB No. 276
Abstract: Modifies provisions in the La. Hearing Aid Licensing Act.
Present law (R.S. 37:2442(6)) defines "unethical conduct" by listing the specific activities
that qualify as unethical behavior.
Proposed law modifies present law by specifying that the list of "unethical conduct" is
illustrative and not exhaustive.
Proposed law (R.S. 37:2444.1(A)) requires a licensed hearing aid dealer who sells a hearing
aid to a consumer to provide a written receipt or written contract to the consumer. Also,
requires that the written receipt or contract contain a notification to the consumer that he has
a 30-day right to cancel the purchase if he finds that the hearing aid does not function
adequately. Also, allows the consumer to obtain a refund if he returns the hearing aid to the
seller in the same condition, ordinary wear and tear excluded, as when purchased. Specifies
that the written receipt or contract notifying the consumer of the 30-day right to cancel the
transaction must be in at least 10 point type. Provides that the 30-day right to cancel period
commences from either the date the hearing aid is originally delivered to the consumer or
the date the written receipt or contract is delivered to the consumer, whichever is later. Also,
specifies that the 30-day period is interrupted for any period during which the hearing aid
seller, dealer, or fitter has possession or control of the hearing aid after its original delivery.
Proposed law (R.S. 37:2444.1(B)) provides that if a consumer exercises the 30-day right to
cancel a hearing aid purchase, the seller of the hearing aid can access a cancellation fee not
to exceed 15% of all fees charged to the consumer, including testing, fitting, counseling, and HLS 11RS-491 REENGROSSED
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the purchase price of the hearing aid. Requires the exact amount of the cancellation fee to
be stated in the written receipt or contract provided to the consumer.
Proposed law (R.S. 37:2444.2(A)) authorizes a consumer to cancel any transaction for the
purchase of a hearing aid, without any penalty or obligation, within three business days from
the date the hearing aid is actually ordered by the consumer; however, if the transaction is
cancelled, any property traded in for credit, any payments made by the consumer under the
contract or sale, and any negotiable instrument executed thereupon must be returned by the
seller to the consumer within 10 business days following receipt by the seller of the
cancellation notice. Also, any security interest arising out of the transaction must be
immediately canceled.
Proposed law (R.S. 37:2444.2(B)(1)) specifies that upon cancellation, the consumer must
make available to the seller in the same mode as received, in substantially as good condition
as when received, any goods delivered under the contract or sale. Further provides that if
the product, if received by delivery to consumer, is made available to the seller and the seller
does not pick it up within 20 days of the date of the notice of cancellation, the consumer
bears no further obligation for the return of the product; however, if the consumer fails to
make the product available to the seller, or agrees to return the product to the seller and fails
to do so, then the consumer remains liable for performance of all obligations under the
contract.
Proposed law (R.S. 37:2444.2(B)(2)) provides that the notice of cancellation is effective if
the consumer delivers the notice to the seller within the time frame described in proposed
law and includes a signed and dated copy of the subject contract, receipt, sales form, or
other document evidencing all the terms of the transaction and the consumer's written notice
to cancel.
Present law (R.S. 37:2446.1(C)) provides that any person receiving a license by reciprocity
or examination on July 1st or later in that year is not required to have 10 hours of continuing
education until Dec. 31st of the following year.
Proposed law modifies present law by changing the licensing process for out-of-state hearing
aid dealers from reciprocity to endorsement. Also, increases the number of required
continuing education hours from 10 to 15.
Present law (R.S. 37:2449(B)) allows an applicant with a temporary training permit to
participate in the fitting and selling of hearing aids, under supervision for a period ending
30 days after the conclusion of the next examination the applicant is required to take.
Proposed law specifies that the applicant must be under direct supervision when using a
temporary permit to fit or sell hearing aids.
Present law (R.S. 37:2449.1(B)(4)) provides that the guidelines for the training of temporary
training permit holders must include the responsibility of the sponsor for direct and indirect
supervision of all aspects of the training.
Proposed law specifies that the sponsor and co-sponsor are responsible for direct training of
temporary permit holders.
Present law (R.S. 37:2449.1(C)(1) and (2)) provides that the training period begins on the
date of the issuance of the temporary permit. A temporary training permit holder must
complete at least 150 hours of directly supervised practicum that includes:
(1)25 contact hours of pure tone air conduction, bone conduction, and speech
audiometry, recorded and live voice, with fifteen of the required hours being with
actual clients; and HLS 11RS-491 REENGROSSED
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(2)25 contact hours of hearing instrument evaluations, including sound-field
measurements with recorded and live voice.
Proposed law modifies present law by specifying that a part of the required 25 contact hours
may be completed through recorded or live voice.
Present law (R.S. 37:2449.1(E)) provides that on completion of the directly supervised
practicum required under present law, the temporary training permit holder must complete
the permit holder's training under the indirect supervision of the permit holder's sponsor.
Proposed law modifies present law by specifying that the temporary permit holder must
continue the permit holder's training under the direct supervision of the permit holder's
sponsor or co-sponsor.
Present law (R.S. 37:2449.2(A)) provides that a sponsor of a temporary training permit
holder must be a licensed hearing instrument dispenser having the qualifications established
by present law.
Proposed law specifies that sponsor and co-sponsor of a temporary training permit holder
must be a licensed hearing instrument dispenser having the qualifications established by
present law.
Present law (R.S. 37:2449.2(B)) requires a sponsor, as appropriate, to directly and indirectly
supervise a temporary training permit holder. Also, requires a sponsor to provide direct
supervision by being located on the premises and available to the temporary training permit
holder for prompt consultation. Finally, requires a sponsor to provide indirect supervision
by reviewing daily a temporary training permit holder's patient contact and daily work.
Proposed law modifies present law by specifying that a sponsor and co-sponsor must directly
supervise a temporary training permit holder. Also, requires a sponsor and co-sponsor to
provide direct supervision by being located on the premises and available to the temporary
training permit holder for prompt consultation. Finally, requires a sponsor and co-sponsor
to provide direct supervision by reviewing daily a temporary training permit holder's patient
contact and daily work.
Present law (R.S. 37:2449.3(A)) allows a temporary training permit holder to provide routine
fitting and dispensing of hearing instruments that have been ordered by the sponsor.
Provides that the sponsor in consultation with the board, is the sole judge of whether the
permit holder has the qualifications necessary to perform routine fitting and dispensing.
Also, provides that a sponsor is accountable to the board for the actions and misdeeds of a
temporary training permit holder acting at the sponsor's discretion.
Proposed law modifies present law by specifying that a temporary training permit holder
may provide routine fitting and dispensing of hearing instruments that have been ordered by
the sponsor or co-sponsor. Provides that the sponsor or co-sponsor in consultation with the
board, is the sole judge of whether the permit holder has the qualifications necessary to
perform routine fitting and dispensing. Also, provides that a sponsor or co-sponsor is
accountable to the board for the actions and misdeeds of a temporary training permit holder
acting at the sponsor's or co-sponsor's discretion.
(Amends R.S. 37:2442(6)(intro. para.), 2446.1(C), 2449(B), 2449.1(B)(4), (C)(1) and (2),
and (E), 2449.2(A)(intro. para.) and (B), and 2449.3(A); Adds R.S. 37:2444.1 and 2444.2) HLS 11RS-491 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Deleted a provision that specified that the notice of cancellation is effective if the
consumer mails the notice to the seller within the enumerated time frame.
2. Deleted proposed law that a sponsor or co-sponsor of a temporary training permit
holder can be licensed by the La. Board of Examiners for Speech-Language
Pathology and Audiology.
House Floor Amendments to the engrossed bill.
1. Deleted a provision that provided a sponsor or co-sponsor of a temporary training
permit holder can be a licensed dispensing audiologist.