45:9A-23 - Purchasers;  statements by licensee;  receipt;  contents

45:9A-23.  Purchasers;  statements by licensee;  receipt;  contents
    a.  A licensee shall advise a prospective hearing aid user at the outset of  their relationship that any examination or representation made by the licensed  hearing aid dispenser in connection with the practice of fitting and selling of  a hearing aid is not an examination, diagnosis or prescription by a person  licensed to practice medicine in this State or by a certified audiologist and,  therefore, must not be regarded as medical opinion.

    b.  A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:

     (1) the date of consummation of the sale,

      (2) specifications as to the make, serial number, and model number of the hearing aid or aids sold,

      (3) the address of the principal place of business of the licensee,

      (4) a statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact,

      (5) the number of the licensee's license,

      (6) the terms of any guarantee or express warranty, if any, made to the purchaser with respect to such hearing aid or hearing aids,

      (7) such receipt shall bear, or have attached to it in no smaller type than  the largest used in the body copy portion, the following:  The purchaser has  been advised at the outset of his relationship with the hearing aid dispenser  that any examination or representation made by a licensed hearing aid dispenser  in connection with the practice of fitting and selling of this hearing aid, or  hearing aids, is not an examination, diagnosis, or prescription by a person  licensed to practice medicine in this State, or by certified audiologists and  therefore must not be regarded as medical opinion.

     L.1973, c. 19, s. 23, eff. Jan. 31, 1973.