Current Status Introducing Body:Senate Bill Number:588 Primary Sponsor:Drummond Committee Number:13 Type of Legislation:GB Subject:Hearing Aid Dealers and Fitters Residing Body:Senate Current Committee:Medical Affairs Companion Bill Number:3381 Computer Document Number:588 Introduced Date:Feb 05, 1991 Last History Body:Senate Last History Date:Feb 05, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
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588 Senate Feb 05, 1991 Introduced, read first time, 13
referred to Committee
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TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-25-20 of the 1976 Code is amended to read:
"Section 40-25-20. As used in this chapter, except as unless the context may require requires otherwise:
(1) `Department' shall mean means the Department of Health and Environmental Control.
(2) `Commission' shall mean means the State Commission for Hearing Aid Dealers and Fitters.
(3) `License' shall mean means a license issued by the department under this chapter to hearing aid dealers and fitters.
(4) `Temporary permit' shall mean means a permit issued while the applicant is in training to become a licensed hearing aid dealer and fitter.
(5) `Hearing aid' shall mean any means an acceptable wearable instrument or device designated for or offered for the purpose of aiding to aid or compensating compensate for impaired human hearing and any parts, attachments, or accessories, including earmold, but excluding batteries and cords.
(6)`Practice of fitting and dealing in hearing aids' shall mean means the measurement of human hearing by means of an audiometer or by any other established means solely for the purpose of making selections, adaptations, or sale of hearing aids. The term It also includes the making of impressions for earmolds.
(7)`Sell' or `sale' shall mean any means the transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.
(8)`Audiologist' shall mean means an individual completing satisfactory graduate work and holding a certificate of clinical competence and who is actually engaged in audiologistical practice in this State licensed by the State Board of Examiners in Speech Pathology and Audiology.
(9)`Otolaryngologist' shall mean means a licensed physician specializing in ear, nose, and throat."
SECTION 2. Section 40-25-30 of the 1976 Code is amended to read:
"Section 40-25-30. The powers and duties of the department are as follows to:
(1) To authorize all disbursements necessary to carry out the provisions of this chapter.;
(2) To supervise issuance of licenses `by experience' and administer qualifying examinations to test the knowledge and proficiency of applicants licensed by examination.;
(3) To register persons who apply to the department and who are qualified to engage in the fitting and sale of hearing aids.;
(4) To purchase and maintain or rent audiometric equipment and other facilities necessary to carry out the examination of applicants as provided.;
(5) To issue and renew licenses.;
(6) To suspend or revoke licenses in the manner provided. or require that refunds be made;
(7) To designate the time and place for examining applicants.;
(8) To appoint representatives to conduct or supervise the examination and enforce the provisions of this chapter.;
(9) To make promulgate and publish rules and regulations not inconsistent with the laws of this State which are and necessary to carry out the provisions of this chapter. including the establishment of licensing fees;
(10) To appoint or employ subordinate employees.;
(11) To retain all funds received for administration of the program.;
(12) To require the periodic inspection of audiometric testing equipment and to carry out the periodic inspection of facilities of persons who practice fitting of hearing aids."
SECTION 3. Section 40-25-40 of the 1976 Code is amended to read:
"Section 40-25-40. (1) There shall be established a (A) A Commission of Hearing Aid Dealers and Fitters which shall is established to guide, advise, and make recommendations to the department.
(2)(B)(1) Members of the commission shall must be residents of the State. The commission shall consist consists of:
(a) four licensed hearing aid dealers, and each of whom shall must be a principal dealer of a different manufacturer's hearing aid;
(b) one otolaryngologist;
(c) one audiologist;
(d) one representative of the general public who is a user of a hearing aid, is not associated with a hearing aid dealer or manufacturer, and is not a member of the other groups or professions required to be represented on the commission; and
(e) the State Health Officer or his designee.
(2) Each hearing aid dealer on the commission shall must have no less than five years of experience as provided under this chapter but an exception shall be the hearing aid dealers and fitters of the first commission appointed who shall have no less than five years of experience and shall fulfill all qualifications for "license by experience" as provided under this chapter.
(3)(C) All appointive members Members of such the commission shall in subsection (B)(1)(a) through (d) must be appointed by the Governor with the advice and consent of the Senate. Provided, that with regard to the one representative of the public, Before appointing the member in subsection (B)(1)(d) the Governor shall invite recommendations from the Commission on Aging, the Department of Consumer Affairs, the Department of Education, the Department of Vocational Rehabilitation, the Board of Commissioners of the School for the Deaf and the Blind, and such other agencies or organizations which might have knowledge of qualified citizens to serve on the commission. The term of office of each member shall be for is four years except that of the members of the first commission appointed under this act three shall be appointed for four years, and three shall be appointed for two years and until their successors are appointed and qualify. Before a member's term expires the Governor shall, with the advice and consent of the Senate, shall appoint a successor to assume his duties at the expiration of the predecessor's term. A vacancy in the office of a member shall must be filled in the same manner as of the original appointment. The members of the commission shall annually shall designate one member to serve as chairman and another to serve as secretary. No member of the commission who has served two or more full terms may be reappointed to the commission until at least one year after the expiration of his most recent full term of office.
(4)(D) Each member of the Commission shall be entitled to the current statutory members may receive per diem plus actual travel expenses of ten cents per mile traveled, and mileage provided by law for members of state boards, committees, and commissions for each day actually spent in the duties of the Commission; provided, no. No member shall be entitled to may receive more than fifteen days per diem in any one fiscal year."
SECTION 4. Section 40-25-60 of the 1976 Code is amended to read:
"Section 40-25-60. (1)(A) No person shall may engage in the sale of or practice of fitting hearing aids or display a sign or in any other another way advertise or represent himself as a person who practices the fitting and sale of hearing aids after January 1, 1972, unless he holds an unsuspended, unrevoked license issued by the department as provided in under this chapter. The license shall must be conspicuously posted conspicuously in his office or place of business. Duplicate licenses shall must be issued by the department to valid license holders operating more than one office, without additional payment. A license under this chapter shall confer confers upon the holder the right to select, fit, and sell hearing aids.
(2)(B) Nothing in this chapter shall prohibit prohibits a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail without a license, provided
that if it employs only properly licensed natural persons in the direct sale and fitting of such the products. Such corporations, partnerships, trusts, associations or other like organizations shall file annually with the Department and Commission a list of all licensed hearing aid dealers and fitters directly or indirectly employed by it. Such organizations shall also file with the Department and Commission a statement on a form approved by the Commission that they submit themselves to the rules and regulations of the Department and the provisions of this chapter which the Department shall deem applicable to them."
SECTION 5. Section 40-25-70 of the 1976 Code is amended to read:
"Section 40-25-70. (1)(A) Any A person who practices the fitting and sale of hearing aids shall deliver to each a person supplied with a hearing aid a receipt which shall contain contains the licensee's signature and show his business address and, the number of his certificate, together with specifications as to the make and model of the hearing aid furnished, and full terms of the sale clearly stated. If an aid which is not new is sold, the receipt and the its container thereof shall must be clearly marked clearly as `used' or `reconditioned,' whichever is applicable, with terms of guarantee, if any.
(2)(B) The purchaser must be advised at the outset of his relationship with the hearing aid dealer that any an examination or a representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this State.
(3) Any person engaging in the fitting and sale of hearing aids will, when dealing with a child twelve years of age or under, ascertain whether the child has been examined by an otolaryngologist for his recommendation within ninety days prior to the fitting. If such not be the case, a recommendation to do so must be made and this fact noted on the receipt.
(C) A hearing aid dealer may not sell a hearing aid unless the prospective user has presented to the hearing aid dealer a written statement signed by a licensed physician stating that the patient's hearing loss has been evaluated medically and the patient may be considered a candidate for a hearing aid. The medical evaluation must have taken place within the preceding six months. If the prospective hearing aid user is eighteen years of age or older, the hearing aid dealer may afford the prospective user an opportunity to waive the medical evaluation requirement if he:
(1) informs the prospective user that the exercise of the waiver is not in the user's best interest;
(2) actively does not encourage the prospective user to waive a medical evaluation;
(3) affords the prospective user the opportunity to sign the following statement:
`I have been advised by (dealer's name) that the Food and Drug Administration has determined that my best health interest would be served if I had a medical evaluation by a licensed physician, preferably a physician who specializes in diseases of the ear, before purchasing a hearing aid. I do not wish a medical evaluation before purchasing a hearing aid.'"
SECTION 6. Section 40-25-100 of the 1976 Code is amended to read:
"Section 40-25-100. (1)(A) The department shall register each applicant without discrimination or examination who satisfactorily passes the experience requirement as provided in Section 40-25-90 or passes an examination as provided in Section 40-25-110 and upon the applicant's payment of fifty dollars a fee set by the department through regulation shall issue to the applicant a license signed by the department. The license shall be is effective until January thirtieth of the year following the year in which licensed.
(2)(B) Whenever When the commission determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter and that such the state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to dispense and fit hearing aids, the department may issue certificates of endorsement to applicants who hold current unsuspended and unrevoked certificates or licenses to fit and sell hearing aids in such the other state or jurisdiction if the applicant is eighteen years of age, is a person of good moral character and is free of contagious or infectious disease. No such applicants Applicants for certificate of endorsement shall be are not required to submit to or undergo a qualifying examination, other than the payment of fees pursuant to the provisions of this chapter. The holder of a certificate of endorsement shall must be registered in the same manner as licensees. The fee for issuance of a license based upon an initial certificate of endorsement shall be is the same as the fee for an initial license. Fees, grounds for renewal, and procedures for the suspension and revocation of certificates of endorsement shall be and licenses are the same as for renewal, suspension and revocation of a license."
SECTION 7. Section 40-25-110 of the 1976 Code is amended to read:
"Section 40-25-110. (1) Applicants who do not meet the experience qualification on January 1, 1972 (A) An applicant may obtain a license by successfully passing a qualifying examination, provided the applicant if he:
(a)(1) Is is at least twenty-one eighteen years of age.;
(b) Is of good moral character.
(c)(2) Has has an education equivalent to a four-year course in an accredited high school.
(d) Is free of contagious or infectious disease.
(B) An audiologist licensed under Chapter 67, Title 40 must be issued a license upon application without examination.
(2)(C) Applicant An applicant for license by examination shall appear at a time, place, and before such persons as the department may designate to be examined by means of written and practical tests in order to demonstrate that he is qualified to practice the fitting and sale of hearing aids. The examination administered as directed by the department constituting standards for licensing shall must not be conducted in such a manner so that college training is required in order to pass the examination. Nothing in this examination shall may imply that the applicant shall possess the degree of medical competence normally expected of physicians. If an applicant fails the practical portion of the examination, he may appeal to the commission.
(3)(D) The department shall give examinations at least once a year."
SECTION 8. Section 40-25-120 of the 1976 Code is amended to read:
"Section 40-25-120. (1)(A) Any A person who fulfills the requirements regarding age, character, and education and health as set forth in Section 40-25-110, may obtain a temporary permit upon application to the department. Previous experience or a waiting period shall is not be required to obtain a temporary permit.
(2)(B) Upon receiving an application as provided under this section and accompanied by a fee of twenty-five dollars set by the department through regulation, the department shall issue a temporary permit which shall entitle entitles the applicant to engage in the fitting and sale of hearing aids for a period of one year. A person holding a valid hearing aid dealers and fitters license shall be responsible for the supervision shall supervise and training of such train the applicant and, maintain adequate personal contact, and make annual reports to the department about the performance of the person holding the temporary permit.
(3)(C) If a person who holds a temporary permit under this section has not successfully passed successfully the licensing examination within one year from the date of issuance, the temporary permit may, at the discretion of the Department, may be renewed, or at the discretion of the Department, the applicant may be permitted to reapply at a later date, at the discretion of the department."
SECTION 9. Section 40-25-150 of the 1976 Code is amended to read:
"Section 40-25-150. (A) Each A person who engages in the fitting and sale of hearing aids shall annually, on or before January thirtieth, thirty-first shall pay to the department a fee of fifty dollars set by the department through regulation for issuance or a renewal of his license and shall keep the certificate conspicuously. The license must be posted conspicuously in his office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates licenses must be issued by the department for posting in each location. A thirty-day grace period is allowed after January thirtieth, during which time licenses may be renewed on payment of a fee of sixty dollars to set by the department through regulation. After expiration of the grace period, the department may renew the certificates upon payment of seventy-five dollars to a fee set by the department through regulation. No person who applies for renewal whose license has expired is required to submit to any examination as a condition to renewal, provided if the renewal application is made within two years from the date of the expiration.
(B) Any A licensee or temporary permit holder must shall maintain a progressing level of professional competence by participation during each calendar year in educational programs designed to keep the licensee informed of changes, current practices, and developments pertaining to the fitting of hearing aids and rehabilitation as appropriate to hearing aid use.
(C) The licensee shall annually shall submit to the commission proof of having participated in a minimum of eight hours of continuing education during the calendar year. A licensee who is granted a license during a calendar year is not required to complete the requirement during that year, and the requirement shall begin begins the second full licensing year. The requirement may be fulfilled by attending and participating in training activities approved by the commission.
(D) Any A person or organization desiring to conduct continuing education training programs must shall submit the programs to the commission for approval prior to their before presentation. The commission shall develop procedures for submitting these requests and for approving or disapproving them.
(E) Failure to complete the minimum educational requirements shall result results in a license suspension until the requirements are met. The commission, upon sufficient cause shown by the licensee, may allow the licensee to make up the necessary hours during the next calendar year. The make-up allowance shall does not waive the full annual requirements for continued education."
SECTION 10. Section 40-25-160 of the 1976 Code is amended to read:
"Section 40-25-160. (1)(A) Any A person wishing to make a complaint against a licensee under this chapter shall reduce the same to writing and file this a written complaint with the department within one year from the date of the action upon which the complaint is based. If the department determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall must be suspended or revoked, it shall make an order fixing a time and place for hearing and require the licensee complained against to appear and defend against the complaint. The order and copy of the complaint shall must be served upon the licensee at least twenty thirty days before the date set for hearing, either personally or by registered mail sent to the licensee's last known address. Continuances or adjournment of hearing date shall must be made if for a good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the department shall have the right to may compel the attendance of witnesses by subpoenas issued by the department under its seal.
(2)(B) Any A person registered under this chapter may have his license revoked or suspended for a fixed period or be required to make a refund by the department for any of the following causes:
(a)(1) The conviction of a felony, or a misdemeanor involving moral turpitude. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be is conclusive evidence of such the conviction.;
(b)(2) procuring of license by fraud or deceit practiced upon the department.;
(c)(3) unethical conduct, including, but not limited to the following:
(1)(a) The obtaining of any a fee or the making of any a sale by fraud or misrepresentation.;
(2)(b) knowingly employing directly or indirectly any a suspended or unregistered person to perform any work covered by this chapter.;
(3)(c) using or causing or promoting the use of any advertising matter, promotional literatures, or testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful.;
(4)(d) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised.;
(5)(e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words `doctor,' `audiologist,' or `clinic' or similar words, abbreviations, or symbols which tend to connote the medical profession when such the use is not the case.;
(6)(f) habitual intemperance.;
(7)(g) gross immorality.;
(8)(h) permitting another's use of a license.;
(9)(i) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist.;
(10)(j) directly or indirectly giving or offering to give or permitting or causing to be given money or anything of value to any a person who advises another in a professional capacity as an inducement to influence him or have him influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer or fitter.;
(11)(k) stating or implying that the use of any a hearing aid will restore or preserve hearing, or prevent or retard progression of hearing impairment.;
(d)(4) conducting business while suffering from a contagious or infectious disease.;
(e)(5) engaging in the fitting and sale of hearing aids under a false name or alias with fraudulent intent.;
(f)(6) selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids, except in cases of selling replacement hearing aids.;
(g)(7) gross incompetence or negligence in fitting and selling hearing aids.; or
(h)(8) violating any provisions of this chapter.
(C) If a refund must be made under this section, the department may suspend the license of the person required to make the refund until it is made."
SECTION 11. In accordance with Section 1-20-60 of the 1976 Code, the existence of the State Commission of Hearing Aid Dealers and Fitters is reauthorized for six years.
SECTION 12. This act takes effect upon approval by the Governor.