Rhode Island 2023 Regular Session

Rhode Island House Bill H5874 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5874
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7	7	LC001582
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO BUSINESSES AND PROFESSIONS -- HEARING AID DEALERS AND
16	16	FITTERS
17	17	Introduced By: Representatives Handy, McNamara, and Hull
18	18	Date Introduced: March 01, 2023
19	19	Referred To: House Health & Human Services
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 5-49-1, 5-49-2, 5-49-2.2 and 5-49-8 of the General Laws in Chapter 1
24	24	5-49 entitled "Hearing Aid Dealers and Fitters" are hereby amended to read as follows: 2
25	25	5-49-1. Definitions. 3
26	26	As used in this chapter, except as the context may require: 4
27	27	(1) “Audiologist” means a person who has been awarded a certificate of competency by 5
28	28	the American Speech and Hearing Association and who is duly licensed by the department an 6
29	29	individual licensed to practice audiology by the department of health. 7
30	30	(2) “Board” means the board of hearing aid dealers and fitters. 8
31	31	(3) “Department” means the department of health. 9
32	32	(4) “Hearing aid” means any wearable instrument or device designed for or offered for the 10
33	33	purpose of aiding or compensating for impaired human hearing, and any parts, attachments, or 11
34	34	accessories, including ear mold, but excluding batteries and cords. 12
35	35	(5) “License” means a license issued by the state under this chapter to hearing aid dealers 13
36	36	and fitters. 14
37	37	(6) “Practice of fitting and dealing in hearing aids” means the evaluation and measurement 15
38	38	of human hearing by means of an audiometer or by any other means solely for the purpose of 16
39	39	making selections, adaptations, or sale of hearing aids, including ordering the use of hearing aids. 17
40	40	The term also includes the making of impressions for ear molds. This term does not include the 18
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44	44	making of audiograms for a physician or a member of related professions for use in consultation 1
45	45	with the hard of hearing. 2
46	46	(7) “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or 3
47	47	any other contract, excluding wholesale transactions with distributors or dealers. 4
48	48	(8) “Temporary permit” means a permit issued while the applicant is in training to become 5
49	49	a licensed hearing aid dealer and fitter. 6
50	50	5-49-2. License required to sell or fit hearing aids. 7
51	51	(a) No person shall engage in the dispensing, selling, fitting or ordering the use of hearing 8
52	52	aids, or display a sign, or in any other way advertise or represent himself or herself as a person who 9
53	53	practices the fitting and sale of hearing aids after August 1, 1973, unless he or she holds an 10
54	54	unsuspended, unrevoked license issued by the department as provided in this chapter. 11
55	55	(b) The license shall be conspicuously posted in his or her office or place of business. 12
56	56	Duplicate licenses shall be issued by the department to valid license holders operating more than 13
57	57	one office without additional payment. 14
58	58	(c) A license under this chapter shall confer upon the holder the right to order the use of, 15
59	59	select, fit, and sell hearing aids. 16
60	60	(d) Nothing in this chapter shall prohibit a corporation, partnership, trust, association, or 17
61	61	other organization maintaining an established business address, from selling or offering for sale 18
62	62	hearing aids at retail without a license; provided, that it employs only properly licensed natural 19
63	63	persons in the direct sale, ordering the use and fitting of those products. 20
64	64	(e) Those corporations, partnerships, trusts, associations, or other organizations shall file 21
65	65	annually with the board a list of all licensed hearing aid dealers and fitters directly or indirectly 22
66	66	employed by it. 23
67	67	(f) Those organizations shall also file with the board a statement, on a form approved by 24
68	68	the board, that they submit themselves to the rules and regulations of the department and the 25
69	69	provisions of this chapter which the department deems applicable to them. 26
70	70	5-49-2.2. Records of transactions. 27
71	71	(a) Every person, firm, association, or corporation shall keep a permanent record of all 28
72	72	sales or other transactions where a hearing aid instrument or hearing prosthetic device is made 29
73	73	available. 30
74	74	(b) Each record of a transaction shall have attached to it the certificate of need presented 31
75	75	by the prospective purchaser. 32
76	76	(c) Each record of a transaction shall be retained for a period of five (5) three (3) years, and 33
77	77	shall be kept open for inspection by any official designated by the director of the department of 34
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81	81	health. 1
82	82	5-49-8. Temporary permits. 2
83	83	(a) An applicant who fulfills the requirements regarding age, character, education, and 3
84	84	health as provided in § 5-49-7, may obtain a temporary permit upon application to the department. 4
85	85	Previous experience or a waiting period shall not be required to obtain a temporary permit. 5
86	86	(b) Upon receiving an application as provided under this section, and accompanied by a 6
87	87	fee as set forth in § 23-1-54, the department shall issue a temporary permit that entitles the applicant 7
88	88	to engage in the fitting and sale of hearing aids for a period of one year. 8
89	89	(c) A person holding a valid hearing aid dealer’s and fitter’s license is responsible for the 9
90	90	supervision and training of that applicant and maintaining adequate personal contact. A person 10
91	91	holding a valid audiologist license may be responsible for the supervision and training the applicant 11
92	92	if: 12
93	93	(1) The audiologist has at least two (2) years of active clinical experience in dispensing and 13
94	94	fitting hearing aids; 14
95	95	(2) The audiologist provides to the department documentary evidence establishing that 15
96	96	he/she has the requisite two (2) years of active clinical experience in dispensing and fitting hearing 16
97	97	aids; and 17
98	98	(3) The department provides the audiologist with written approval to supervise and train 18
99	99	applicants. 19
100	100	(d) If a person who holds a temporary permit under this section has not successfully passed 20
101	101	the licensing examination within one year from the date of issuance of the permit, the temporary 21
102	102	permit may be renewed or reissued once upon payment of a fee as set forth in § 23-1-54. 22
103	103	SECTION 2. Sections 5-49-2.1 and 5-49-2.3 of the General Laws in Chapter 5-49 entitled 23
104	104	"Hearing Aid Dealers and Fitters" are hereby repealed. 24
105	105	5-49-2.1. Certificates of need. 25
106	106	(a) No person, firm, association, or corporation shall sell or attempt to sell, or make 26
107	107	available, any hearing aid instrument or hearing prosthetic device to a prospective consumer or 27
108	108	purchaser, unless that consumer or purchaser has first obtained and presented to the seller a 28
109	109	certificate of need on forms prescribed and furnished by the director of the department of health. 29
110	110	(b) The certificate shall be signed by a physician licensed in the state under the provisions 30
111	111	of chapter 37 of this title and attest that, pursuant to an otological examination, it is his or her 31
112	112	diagnosis that the prospective patient-purchaser has a hearing impediment of a nature as to indicate 32
113	113	the need for a hearing aid instrument or hearing prosthetic device. 33
114	114	5-49-2.3. Penalty for violations of §§ 5-49-2.1 and 5-49-2.2. 34
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118	118	Any person, firm, association, or corporation who or that sells or attempts to sell, or makes 1
119	119	available, a hearing aid instrument or hearing prosthetic device without a certificate of need, and/or 2
120	120	fails to keep records as prescribed in § 5-49-2.2, and any physician who issues a certificate of need 3
121	121	not in conformance with § 5-49-2.1, is guilty of a misdemeanor and, upon conviction, shall be fined 4
122	122	not more than five hundred dollars ($500) for each offense. Each violation of a provision of this 5
123	123	chapter shall constitute a separate offense. 6
124	124	SECTION 3. This act shall take effect upon passage. 7
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131	131	EXPLANATION
132	132	BY THE LEGISLATIVE COUNCIL
133	133	OF
134	134	A N A C T
135	135	RELATING TO BUSINESSES AND PROFESSIONS -- HEARING AID DEALERS AND
136	136	FITTERS
137	137	***
138	138	This act would define an audiologist as an individual licensed to practice audiology by the 1
139	139	department of health, additionally this act would mandate each record of transaction shall be held 2
140	140	for a period of three (3) years, and defines the requirements for a person licensed as an audiologist 3
141	141	to train other audiologist applicants. 4
142	142	This act would take effect upon passage. 5
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