154A.20 - RIGHTS OF PURCHASER.
154A.20 RIGHTS OF PURCHASER.
1. A hearing aid dispenser shall deliver, to each person supplied
with a hearing aid, a receipt which contains the licensee's signature
and shows the licensee's business address and the number of the
license, together with specifications as to the make, model, and
serial number of the hearing aid furnished, and full terms of sale
clearly stated, including the date of consummation of the sale of the
hearing aid. If a hearing aid is sold which is not new, the receipt
and the container must be clearly marked "used" or "reconditioned",
with the terms of guarantee, if any.
2. The receipt shall bear the following statement in type no
smaller than the largest used in the body copy portion of the
receipt:
"The purchaser has been advised that any examination or
representation made by a licensed hearing aid dispenser in connection
with the fitting or selection and selling of this hearing aid 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."
3. Whenever any of the following conditions are found to exist
either from observations by the licensed hearing aid dispenser or
person holding a temporary permit or on the basis of information
furnished by a prospective hearing aid user, the hearing aid
dispenser or person holding a temporary permit shall, prior to
fitting and selling a hearing aid to any individual, suggest to that
individual in writing that the individual's best interests would be
served if the individual would consult a licensed physician
specializing in diseases of the ear, or if no such licensed physician
is available in the community, then a duly licensed physician:
a. Visible congenital or traumatic deformity of the ear.
b. History of, or active drainage from the ear within the
previous ninety days.
c. History of sudden or rapidly progressive hearing loss
within the previous ninety days.
d. Acute or chronic dizziness.
e. Unilateral hearing loss of sudden or recent onset within
the previous ninety days.
f. Significant air-bone gap (greater than or equal to 15dB
ANSI 500, 1000 and 2000 Hz. average).
g. Obstruction of the ear canal, by structures of
undetermined origin, such as foreign bodies, impacted cerumen,
redness, swelling, or tenderness from localized infections of the
otherwise normal ear canal.
4. A copy of the written recommendation shall be retained by the
licensed hearing aid dispenser for the period of seven years. A
person receiving the written recommendation who elects to purchase a
hearing aid shall sign a receipt for the same, and the receipt shall
be kept with the other papers retained by the licensed hearing aid
dispenser for the period of seven years. Nothing in this section
required to be performed by a licensed hearing aid dispenser shall
mean that the hearing aid dispenser is engaged in the diagnosis of
illness or the practice of medicine or any other activity prohibited
by this chapter.
5. No hearing aid shall be sold by any individual licensed under
this chapter to a person twelve years of age or younger, unless
within the preceding six months a recommendation for a hearing aid
has been made by a physician specializing in otolaryngology. A
replacement of an identical hearing aid within one year shall be an
exception to this requirement.
6. A licensed hearing aid dispenser shall, upon the consummation
of a sale of a hearing aid, keep and maintain records in the
dispenser's office or place of business at all times and each such
record shall be kept and maintained for a seven-year period. These
records shall include:
a. Results of test techniques as they pertain to fitting of
the hearing aids.
b. A copy of the written receipt and the written
recommendation. Section History: Early Form
[C75, 77, 79, 81, § 154A.20] Section History: Recent Form
2001 Acts, ch 58, §18; 2002 Acts, ch 1119, §17, 18