43-33 Hearing Aid Dealers
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<![CDATA[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<br>designed for or offered for the purpose of aiding or compensating for impaired<br>human hearing and any parts, attachments, or accessories including earmold, but<br>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<br>human hearing to determine hearing loss by means of an audiometer or by any<br>means solely for the purpose of making selections, adaptations, repairs, or sale of<br>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<br>the hard-of-hearing.6."Sell" or "sale" includes a transfer of title or of the right to use by lease, bailment, or<br>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<br>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<br>display a sign or in any other way advertise or represent that that person practices<br>the fitting and sale of hearing instruments unless that person holds an unsuspended,<br>unrevoked license issued by the board as provided in this chapter. The license must<br>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<br>one office for a fee determined by the board. A license confers upon the holder the<br>right to select, fit, and sell hearing instruments, and the right to conduct any<br>necessary hearing testing incident to the selecting, fitting, and selling of hearing<br>instruments.2.This chapter does not prohibit a person maintaining an established business<br>address from engaging in the business of selling or offering for sale hearing<br>instruments at retail without a license if that person employs only properly licensed<br>individuals in the direct sale and fitting of such products. Such persons shall file<br>annually with the board a list of all licensees directly or indirectly employed by it.<br>Those persons shall also file with the board a statement on a form approved by the<br>board that they submit themselves to the rules of the board and the provisions of this<br>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<br>the offense has a direct bearing upon a person's ability to serve the public as a hearing aid<br>specialist, or determines that, following conviction of any offense, the person is not sufficiently<br>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<br>each person supplied with a hearing instrument a receipt that contains the licensee's<br>signature, the licensee's business address, the number of the licensee's certificate,<br>the make and model of the hearing instrument furnished, and the full terms of the<br>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<br>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<br>portion the following: Any examination or representation made by a licensed hearing<br>aid specialist in connection with the fitting and selling of this hearing instrument is<br>not an examination, diagnosis, or prescription by a person licensed to practice<br>medicine in this state and therefore, must not be regarded as medical opinion or<br>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<br>of selection of hearing instruments if the person or organization employing that<br>person does not sell hearing instruments.2.A person employed as a hearing aid specialist by the federal government from<br>engaging in the practice of fitting and dispensing hearing instruments if the person<br>performs the practice solely within the confines or under the jurisdiction of the<br>government of the United States.3.Activities and services of a person pursuing a course of study leading to a graduate<br>degree in audiology at a college or university if the activities or services are under<br>the direct supervision of a licensee, constitute a part of a supervised course of study,<br>and the person is designated an audiology intern or trainee or by another title clearly<br>indicating the training status appropriate to the level of training.43-33-05. License by experience. Repealed by S.L. 1991, ch. 474, </p>
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