Section § 2538.10

Explanation

This section explains the specific terms used in the article related to hearing aid dispensers:

(a) 'Advertise' includes any way to publicly promote the fitting or selling of hearing aids, like newspapers, radios, or posters.

(b) 'License' is the permission required to dispense hearing aids, which can be regular or temporary.

(c) 'Licensee' is anyone who holds this license.

(d) 'Hearing aid' refers to devices that help people with hearing loss.

(e) 'Fund' is the designated account for activities related to speech-language pathology, audiology, and hearing aid dispensing.

For the purposes of this article, the following definitions shall apply:
(a)CA Business & Professions Code § 2538.10(a) “Advertise” and its variants include the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio, or television announcement, or any other means or methods now or hereafter employed to bring to the attention of the public the practice of fitting or selling of hearing aids.
(b)CA Business & Professions Code § 2538.10(b) “License” means a hearing aid dispenser license issued pursuant to this article and includes a temporary or trainee license.
(c)CA Business & Professions Code § 2538.10(c) “Licensee” means a person holding a license.
(d)CA Business & Professions Code § 2538.10(d) “Hearing aid” means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing.
(e)CA Business & Professions Code § 2538.10(e) “Fund” means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.

Section § 2538.11

Explanation

This law describes what it means to practice fitting or selling hearing aids in California. It involves choosing the right hearing aids for someone and making sure they fit well, which includes checking the ear, taking ear mold impressions, and providing necessary counseling after fitting. Retail clerks completing the sale don't count as practitioners. If any equipment is used, like an audiometer, it must be regularly checked and kept in good condition. Those fitting hearing aids cannot conduct full diagnostic hearing tests. Any hearing tests conducted must follow FDA guidelines and certain board-approved procedures.

(a)CA Business & Professions Code § 2538.11(a) “Practice of fitting or selling hearing aids,” as used in this article, means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation of the ear, testing of hearing in connection with the fitting and selling of hearing aids, taking of ear mold impressions, fitting or sale of hearing aids, and any necessary postfitting counseling.
The practice of fitting or selling hearing aids does not include the act of concluding the transaction by a retail clerk.
When any audiometer or other equipment is used in the practice of fitting or selling hearing aids, it shall be kept properly calibrated and in good working condition, and the calibration of the audiometer or other equipment shall be checked at least annually.
(b)CA Business & Professions Code § 2538.11(b) A hearing aid dispenser shall not conduct diagnostic hearing tests when conducting tests in connection with the practice of fitting or selling hearing aids.
(c)CA Business & Professions Code § 2538.11(c) Hearing tests conducted pursuant to this article shall include those that are in compliance with the Food and Drug Administration Guidelines for Hearing Aid Devices and those that are specifically covered in the licensing examination prepared and administered by the board.

Section § 2538.12

Explanation

If you are licensed to offer hearing screenings, you can do so at events like health fairs. This involves using a simple hearing test to check if someone might need more testing. After each test, you must give the person a note explaining that this is not a full ear check-up or diagnosis, just a suggestion that they may need more evaluation. You can't use these screenings to steer people toward buying hearing aids or arranging further tests through you.

A licensee may conduct hearing screenings at a health fair or similar event by the application of a binary puretone screening at a preset intensity level for the purpose of identifying the need for further hearing or medical evaluation.
Upon the conclusion of each hearing screening, the licensee shall present to the person whose hearing was screened a written statement containing the following provisions:
“Results of a hearing screening are not a medical evaluation of your ear nor a diagnosis of a hearing disorder but are only the identification of the need for further medical or hearing evaluation.”
A licensee conducting hearing screenings pursuant to this section shall not make or seek referrals for testing, fitting, or dispensing of hearing aids.

Section § 2538.13

Explanation

This law states that hearing aid dispensers in California can't take facial measurements or fit and adjust glasses and lenses. The only exception is they can modify a person's glasses by replacing the arms with those that have hearing aid parts included.

In fitting hearing aids, a hearing aid dispenser shall not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, except that a hearing aid dispenser may replace the temple or temples of a person’s spectacle frames with a temple or temples incorporating hearing aid components.

Section § 2538.14

Explanation

This section defines a 'hearing aid dispenser' as someone who fits or sells hearing aids to people with hearing loss.

“Hearing aid dispenser,” as used in this article, means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing.

Section § 2538.15

Explanation

This section explains that 'sell' or 'sale' refers to transferring the ownership or the right to use something through lease or similar agreements, but it doesn't include wholesale deals with distributors or dealers.

“Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.

Section § 2538.16

Explanation
The board must maintain records of any legal actions taken against people who break this law. They also need to keep track of all licensing exam results, including the names and addresses of those who took the exams and whether they passed or failed.
The board shall keep a record of all prosecutions for violations of this article and of all examinations held for applicants for licenses together with the names and addresses of all persons taking examinations and of their success or failure to pass them.

Section § 2538.17

Explanation

This law allows a regulatory board to create a mandatory course for those wanting to fit and sell hearing aids. Applicants may need to take this course or show they already have the right skills. The board is advised to get input from experts when setting up the course. Additionally, the board can publish information about the licensing exam for hearing aid professionals in the state.

The board may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids. The board may require applicants to first complete the required course of instruction or otherwise satisfy the board that the applicant possesses the necessary background and qualifications to fit or sell hearing aids. If the board promulgates regulations to implement this section to require a course of instruction concerned with fitting and selling hearing aids, the board shall obtain the advice of persons knowledgeable in the preparation and administration of a course of instruction.
The board may publish and distribute information concerning the examination requirements for obtaining a license to engage in the practice of fitting and selling hearing aids within this state.

Section § 2538.18

Explanation

If you have a license to sell or fit hearing aids, you need to keep learning even after you've gotten your license. To renew your license, you must prove you've stayed up-to-date with the latest practices by taking courses or other methods approved by the board. The board will make sure that these continuing education courses meet their standards.

All holders of licenses to sell or fit hearing aids shall continue their education after receiving the license. The board shall provide by regulation, as a condition to the renewal of a license, that licensees shall submit documentation satisfactory to the board that they have informed themselves of current practices related to the fitting of hearing aids by having pursued courses of study satisfactory to the board or by other means defined as equivalent by the board.
Continuing education courses shall be subject to monitoring to ensure compliance with the regulations adopted by the board pursuant to this section.

Section § 2538.20

Explanation

This law says you can't fit or sell hearing aids, advertise that you do, or show signs saying so without a license. Companies can still sell hearing aids if the actual work of fitting or selling is done by licensed individuals. If your license to sell hearing aids is suspended or revoked, you can't run a business selling them or be involved in such a business in any financial or managerial capacity during that period. The only exception is owning stock in a publicly traded company. This doesn't apply to stock you've bought on a regulated stock exchange.

It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any other way to advertise or hold themselves out as being so engaged without having first obtained a license from the board under the provisions of this article. Nothing in this article shall prohibit a corporation, partnership, trust, association, or other like organization maintaining an established business address from engaging in the business of fitting or selling, or offering for sale, hearing aids at retail without a license, provided that any and all fitting or selling of hearing aids is conducted by the individuals who are licensed pursuant to the provisions of this article. A person whose license as a hearing aid dispenser has been suspended or revoked shall not be the proprietor of a business that engages in the practice of fitting or selling hearing aids nor shall that person be a partner, shareholder, member, or fiduciary in a partnership, corporation, association, or trust that maintains or operates that business, during the period of the suspension or revocation. This restriction shall not apply to stock ownership in a corporation that is listed on a stock exchange regulated by the Securities and Exchange Commission if the stock is acquired in a transaction conducted through that stock exchange.

Section § 2538.21

Explanation

This law states that if someone fits hearing aids as part of their work for a government agency, private clinic, educational program, or nonprofit organization, and they don't sell hearing aids themselves, this specific article of the law doesn't apply to them.

This article does not apply to a person engaged in the practice of fitting hearing aids if their practice is for a governmental agency, or private clinic, or is part of the academic curriculum of an accredited institution of higher education, or part of a program conducted by a public, charitable institution or other nonprofit organization, and who does not engage directly or indirectly in the sale or offering for sale of hearing aids.

Section § 2538.22

Explanation

This law section states that certain professionals, like doctors and audiologists, are not affected by the regulations in this article if they are not involved in selling hearing aids. It also includes audiologists who supervise others fitting hearing aids, as long as they aren't selling them either.

This article does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does not directly or indirectly engage in the sale or offering for sale of hearing aids, nor to any audiologist licensed under this chapter, or to an individual supervised by the audiologist in conducting fitting procedures, and who does not directly or indirectly engage in the sale or offering for sale of hearing aids.

Section § 2538.23

Explanation

You can sell hearing aids by catalog or mail if you have a hearing aid dispenser license in California. However, you can’t help with choosing, fitting, or adjusting the hearing aids, nor can you advise on making ear impressions. You must have a signed statement from a doctor, audiologist, or licensed hearing aid dispenser confirming compliance with certain regulations. Keep this statement on file as long as required by another specific rule. If you’re a licensed dispenser selling this way, you do not have to follow one of the fitting requirements normally required.

(a)CA Business & Professions Code § 2538.23(a) Hearing aids may be sold by catalog or direct mail provided that:
(1)CA Business & Professions Code § 2538.23(a)(1) The seller is licensed as a hearing aid dispenser in this state.
(2)CA Business & Professions Code § 2538.23(a)(2) There is no fitting, selection, or adaptation of the instrument and no advice is given with respect to fitting, selection, or adaptation of the instrument and no advice is given with respect to the taking of an ear impression for an earmold by the seller.
(3)CA Business & Professions Code § 2538.23(a)(3) The seller has received a statement which is signed by a physician and surgeon, audiologist, or a hearing aid dispenser, licensed by the State of California which verifies that Section 2538.36 and subdivision (b) of Section 2538.49 have been complied with.
(b)CA Business & Professions Code § 2538.23(b) A copy of the statement referred to in paragraph (3) of subdivision (a) shall be retained by the seller for the period provided for in Section 2538.38.
(c)CA Business & Professions Code § 2538.23(c) A licensed hearing aid dispenser who sells a hearing aid under this section shall not be required to comply with subdivision (b) of Section 2538.49.

Section § 2538.24

Explanation

If you want to get a license to fit or sell hearing aids, you need to apply to the board responsible for this. You'll have to fill out a specific form as instructed by the board and submit it along with the required fee.

Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board. The application shall be made upon a form and shall be made in the manner as is provided by the board and shall be accompanied by the fee provided for in Section 2538.57.

Section § 2538.25

Explanation

This section explains that the board in charge of hearing aid dispensers is responsible for creating, approving, grading, and conducting the exams necessary for getting a hearing aid dispenser license. They can hire experts to help with this, but they must set and approve the exam guidelines and content. Every applicant must take and pass both a written and practical exam to show they are knowledgeable and skilled in fitting and selling hearing aids safely and effectively.

(a)CA Business & Professions Code § 2538.25(a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license. The board may provide that the preparation and grading of the examination be conducted by a competent person or organization other than the board, provided, however, that the board shall establish the guidelines for the examination and shall approve the actual examination.
(b)CA Business & Professions Code § 2538.25(b) Each applicant shall take and pass a written examination and a practical examination compiled at the direction of the board covering the critical tasks involved in the practice of fitting and selling hearing aids and the knowledge, skills, and abilities needed to perform those tasks safely and competently.

Section § 2538.26

Explanation

This law section outlines the requirements to get a license from the board. Applicants must be at least 18 years old, have a high school diploma or equivalent, and not have committed crimes that would disqualify them. They must also pay the specified fees. Licenses can only be given to individuals, not groups or companies.

The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its equivalent, who have not committed acts or crimes constituting grounds for denial of licensure under Section 480, and who have paid the fees provided for in Section 2538.57. No license shall be issued to any person other than an individual.

Section § 2538.27

Explanation

If you already have a hearing aid dispenser license from another state and meet specific criteria, you can apply for a temporary license in California. To qualify, you must prove you haven't faced disciplinary actions and have been working with hearing aids for the past two years. This temporary license lasts one year and can't be renewed. It ends sooner if you receive a permanent license. If you don't pass the required exams, you must follow certain supervision rules.

(a)CA Business & Professions Code § 2538.27(a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to them upon satisfactory proof to the board that the applicant holds a hearing aid dispenser license in another state, that the licensee has not been subject to formal disciplinary action by another licensing authority, and that the applicant has been engaged in the fitting and sale of hearing aids for the two years immediately prior to application.
(b)CA Business & Professions Code § 2538.27(b) A temporary license issued pursuant to this section shall be valid for one year from date of issuance and is not renewable. A temporary license shall automatically terminate upon issuance of a license prior to expiration of the one-year period.
(c)CA Business & Professions Code § 2538.27(c) The holder of a temporary license issued pursuant to this section who fails either license examination shall be subject to and shall comply with the supervision requirements of Section 2538.28 and any regulations adopted pursuant thereto.

Section § 2538.28

Explanation

If you want to become a hearing aid dispenser in California, you can get a trainee license once you meet certain requirements and find an approved supervisor. This trainee license allows you to fit and sell hearing aids while being supervised, and lasts for six months, with the possibility of renewal twice for another six months each time. The person supervising you is responsible for your actions. If your license expires or is canceled, you have to wait three years to apply for a new one, which you can only get once under these conditions.

(a)CA Business & Professions Code § 2538.28(a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that they will be supervised and trained by a hearing aid dispenser who is approved by the board may have a trainee license issued to them. The trainee license shall entitle the trainee licensee to fit or sell hearing aids as set forth in regulations of the board. The supervising dispenser shall be responsible for any acts or omissions committed by a trainee licensee under their supervision that may constitute a violation of this chapter.
(b)CA Business & Professions Code § 2538.28(b) The board shall adopt regulations setting forth criteria for its refusal to approve a hearing aid dispenser to supervise a trainee licensee, including procedures to appeal that decision.
(c)CA Business & Professions Code § 2538.28(c) A trainee license issued pursuant to this section is effective and valid for six months from date of issue. The board may renew the trainee license for an additional period of six months. Except as provided in subdivision (d), the board shall not issue more than two renewals of a trainee license to any applicant. Notwithstanding subdivision (d), if a trainee licensee who is entitled to renew a trainee license does not renew the trainee license and applies for a new trainee license at a later time, the new trainee license shall only be issued and renewed subject to the limitations set forth in this subdivision.
(d)CA Business & Professions Code § 2538.28(d) A new trainee license may be issued pursuant to this section if a trainee license issued pursuant to subdivision (c) has lapsed for a minimum of three years from the expiration or cancellation date of the previous trainee license. The board may issue only one new trainee license under this subdivision.

Section § 2538.29

Explanation

If you have a trainee license, you need to take the licensing exam within the first year. If you don't, your trainee license will expire, and you can't renew it unless you've taken the exam. However, if you couldn't take the exam because of illness or hardship, the board might allow you to renew your license.

A trainee licensed under Section 2538.28 shall take the licensure examination within the first 12 months after the trainee license is issued. Failure to take the licensure examination within that time shall result in expiration of the trainee license, and it shall not be renewed unless the trainee licensee has first taken the licensure examination. The board, however, may in its discretion renew the trainee license if the licensee failed to take the licensure examination due to illness or other hardship.

Section § 2538.30

Explanation

This law states that people with temporary or trainee licenses for hearing aids cannot run or manage their own business related to hearing aids. Additionally, they can't claim to be fully licensed hearing aid dispensers in advertisements or any other way.

(a)CA Business & Professions Code § 2538.30(a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business that engages in the fitting or sale of hearing aids.
(b)CA Business & Professions Code § 2538.30(b) A temporary or trainee licensee shall not advertise or otherwise represent that they hold a license as a hearing aid dispenser.

Section § 2538.31

Explanation

The board responsible for holding practical examinations must conduct them at least twice a year. They need to announce when and where the exam will take place at least 45 days before it happens.

Practical examinations shall be held by the board at least twice a year. The time and place of any practical examination shall be fixed by the board at least 45 days prior to the date it is to be held.

Section § 2538.32

Explanation

If you're applying for this license, you must first pass a written test before you can move on to a practical test. You need to pass both tests, based on specific scoring methods, to get your license.

Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have passed that examination. An applicant shall pass the written examination before they may take the practical examination. An applicant shall obtain a passing score on both the written and the practical examination in order to be issued a license.

Section § 2538.33

Explanation

If you're planning to fit or sell hearing aids, you need to inform the board in writing about where you'll be doing this. You have to provide this information before you start and update it within 30 days if your business location changes. If where you do business isn't where you get your mail, you also have to tell the board where your mail goes, and update that if it changes.

(a)CA Business & Professions Code § 2538.33(a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses where they are to engage, or intend to engage, in the practice of fitting or selling hearing aids, and of any changes in their place of business within 30 days of engaging in that practice.
(b)CA Business & Professions Code § 2538.33(b) If a street address is not the address at which the licensee receives mail, the licensee shall also notify the board in writing of the mailing address for each location where the licensee is to engage, or intends to engage, in the practice of fitting or selling hearing aids, and of any change in the mailing address of their place or places of business.

Section § 2538.34

Explanation

If you sell or fit hearing aids, you need a business address that customers can visit, and it must be registered. If you have more than one store, you need a separate license for each, except for temporary work. For temporary work at a licensed location, just inform the board in writing about where you'll be and when.

(a)CA Business & Professions Code § 2538.34(a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensee’s place of business shall be registered with the board as provided in Section 2538.33.
(b)CA Business & Professions Code § 2538.34(b) Except as provided in subdivision (c), if a licensee maintains more than one place of business within this state, they shall apply for and procure a duplicate license for each branch office maintained. The application shall state the name of the person and the location of the place or places of business for which the duplicate license is desired.
(c)CA Business & Professions Code § 2538.34(c) A hearing aid dispenser may, without obtaining a duplicate license for a branch office, engage on a temporary basis in the practice of fitting or selling hearing aids at the primary or branch location of another licensee’s business or at a location or facility that they may use on a temporary basis, provided that the hearing aid dispenser notifies the board in advance in writing of the dates and addresses of those businesses, locations, or facilities at which they will engage in the practice of fitting or selling hearing aids.

Section § 2538.35

Explanation

This law requires hearing aid sellers to inform buyers if the hearing aid uses special software that limits where it can be serviced or adjusted. Before the purchase, the seller must provide a written notice in large print about these limitations, which the buyer needs to sign. A copy of this notice must be kept by the seller. After the sale, sellers must give the buyer a detailed receipt that includes the sale date, hearing aid specifics, seller's contact information, condition of the hearing aid, license details, and any warranty terms.

(a)CA Business & Professions Code § 2538.35(a) To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: “The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations.” The written notice shall be signed by the purchaser before the sale. The licensee shall keep and maintain a copy of the notice in accordance with Section 2538.38.
(1)CA Business & Professions Code § 2538.35(a)(1) For purposes of this subdivision, the following definitions apply:
(A)CA Business & Professions Code § 2538.35(a)(1)(A) “Proprietary programming software” means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers.
(B)CA Business & Professions Code § 2538.35(a)(1)(B) “Locked, nonproprietary programming software” means software that any provider can render inaccessible to other hearing aid programmers.
(b)CA Business & Professions Code § 2538.35(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)CA Business & Professions Code § 2538.35(b)(1) The date of consummation of the sale.
(2)CA Business & Professions Code § 2538.35(b)(2) Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3)CA Business & Professions Code § 2538.35(b)(3) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4)CA Business & Professions Code § 2538.35(b)(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)CA Business & Professions Code § 2538.35(b)(5) The number of the licensee’s license and the name and license number of any other hearing aid dispenser, temporary licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6)CA Business & Professions Code § 2538.35(b)(6) The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.

Section § 2538.36

Explanation

If certain ear-related conditions are observed or reported by a person wanting a hearing aid, such as an ear deformity or recent significant hearing changes, the hearing aid provider must suggest in writing that the person see a doctor, preferably one who specializes in ear conditions. This does not apply if the hearing aid is just being replaced within a year of purchase due to loss or irreparable damage. Providers must keep a copy of this advice and any signed acknowledgments as part of their records. Following these steps does not mean the provider is acting as a doctor or diagnosing conditions.

(a)CA Business & Professions Code § 2538.36(a) Whenever any of the following conditions are found to exist, either from observations by the licensee or based on information furnished by the prospective hearing aid user, a licensee shall, before fitting or selling a hearing aid to any individual, suggest to that individual in writing that it would be in the individual’s best interest to consult with a licensed physician and surgeon specializing in diseases of the ear, or, if none are available in the community, then to any duly licensed physician and surgeon:
(1)CA Business & Professions Code § 2538.36(a)(1) Visible congenital or traumatic deformity of the ear.
(2)CA Business & Professions Code § 2538.36(a)(2) History of, or active drainage from the ear within the previous 90 days.
(3)CA Business & Professions Code § 2538.36(a)(3) History of sudden or rapidly progressive hearing loss within the previous 90 days.
(4)CA Business & Professions Code § 2538.36(a)(4) Acute or chronic dizziness.
(5)CA Business & Professions Code § 2538.36(a)(5) Unilateral hearing loss of sudden or recent onset within the previous 90 days.
(6)CA Business & Professions Code § 2538.36(a)(6) Significant air-bone gap when generally acceptable standards have been established.
(7)CA Business & Professions Code § 2538.36(a)(7) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal.
(8)CA Business & Professions Code § 2538.36(a)(8) Pain or discomfort in the ear.
(b)CA Business & Professions Code § 2538.36(b) No referral for medical opinion need be made by any licensee in the instance of replacement only of a hearing aid that has been lost or damaged beyond repair within one year of the date of purchase. A copy of the written recommendation shall be retained by the licensee for the period provided for in Section 2538.38. A person receiving the written recommendation who elects to purchase a hearing aid shall sign a receipt, and the receipt shall be kept with other documents retained by the licensee for the period provided for in Section 2538.38. Nothing in this section required to be performed by a licensee shall mean that the licensee is engaged in the diagnosis of illness or the practice of medicine or any other activity prohibited by the provisions of this code.

Section § 2538.37

Explanation

If someone is going to sell a hearing aid to a child aged 16 or younger, they need a recommendation from both a qualified ear doctor and a licensed audiologist within the last six months. This rule doesn't apply if the child is just getting the same type of hearing aid replaced within a year.

No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the preceding six months a recommendation for a hearing aid has been made by both a board-certified, or a board-eligible physician specializing in otolaryngology, and by a state licensed audiologist. A replacement of an identical hearing aid within one year shall be an exception to this requirement.

Section § 2538.38

Explanation

If you're licensed to sell hearing aids in California, you must keep detailed records of every sale and fitting for seven years. These records need to be stored in your office or business location and should be ready for inspection by the board when they give reasonable notice. The records should include test results related to the hearing aid fitting, copies of the written notices and receipts required by law, and logs of any maintenance or calibration done on your fitting equipment.

A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensee’s office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the board or its authorized representatives upon reasonable notice. The records kept shall include:
(a)CA Business & Professions Code § 2538.38(a) Results of test techniques as they pertain to fitting of the hearing aid.
(b)CA Business & Professions Code § 2538.38(b) A copy of the written notice and the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.
(c)CA Business & Professions Code § 2538.38(c) Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.

Section § 2538.39

Explanation

If you own or manage a business that sells or fits hearing aids, you're responsible for making sure that any hearing aid fitted or sold at your location by your employees or other licensed people is done correctly.

A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by any licensee or licensees at that location.

Section § 2538.40

Explanation

If your application for a license is denied, the board must tell you why in writing. You also have the right to ask for a hearing if you submit a written request within 60 days of getting the denial notice. The notice can be sent to you by certified mail to the latest address you provided to the board.

(a)CA Business & Professions Code § 2538.40(a) Upon denial of an application for license, the board shall notify the applicant in writing of the following:
(1)CA Business & Professions Code § 2538.40(a)(1) The reason for the denial.
(2)CA Business & Professions Code § 2538.40(a)(2) That the applicant has a right to a hearing under Section 2533.2 if they make a written request within 60 days after notice of denial.
(b)CA Business & Professions Code § 2538.40(b) Service of the notice required by this section may be made by certified mail addressed to the applicant at the latest address filed by the applicant in writing with the board in their application or otherwise.

Section § 2538.41

Explanation

If you've had your professional license revoked or suspended, or if you want to change the terms of your probation, the board might ask you to take the same exam that new license applicants must pass before considering your request.

Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass the regular examination given for applicants for licenses.

Section § 2538.42

Explanation

If someone breaks the rules in this section, they're committing a misdemeanor. If convicted, they could face jail time ranging from 10 days to one year, or a fine between $100 and $1,000, or possibly both.

Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by both such fine and imprisonment.

Section § 2538.43

Explanation

You can't legally sell or trade any license that has been given out by the board, and you can't even try to sell or trade it.

It is unlawful to sell or barter, or offer to sell or barter, any license issued by the board.

Section § 2538.44

Explanation

Buying or trading for a hearing aid license to falsely show you are qualified to fit or sell hearing aids is illegal.

It is unlawful to purchase or procure by barter any license issued by the board with intent to use the same as evidence of the holder’s qualification to practice the fitting or selling of hearing aids.

Section § 2538.45

Explanation
This law makes it illegal to change any important part of a professional license with the intent to commit fraud.
It is unlawful to alter with fraudulent intent in any material regard a license issued by the board.

Section § 2538.46

Explanation

This law makes it illegal to use or try to use a license that has been bought, faked, counterfeited, or changed in any serious way as if it were a real license.

It is unlawful to use or attempt to use any license issued by the board that has been purchased, fraudulently issued, counterfeited, or materially altered as a valid license.

Section § 2538.47

Explanation

You can't lie or provide false information on purpose when applying for a license exam with the board. It's considered illegal.

It is unlawful to willfully make any false statement in a material regard in an application for an examination before the board for a license.

Section § 2538.48

Explanation

In California, it is illegal to fit or sell hearing aids without a current, valid license or temporary license.

It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing a valid, unrevoked, and unexpired license or temporary license.

Section § 2538.49

Explanation

This law states that licensed hearing aid dispensers must follow specific steps before fitting or selling a hearing aid. They need to make sure they're obeying all state rules about hearing aids, check the buyer's ear canals directly, and inform the buyer where and when they are available for adjustments or repairs.

It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless they first do all of the following:
(a)CA Business & Professions Code § 2538.49(a) Comply with all provisions of state laws and regulations relating to the fitting or selling of hearing aids.
(b)CA Business & Professions Code § 2538.49(b) Conduct a direct observation of the purchaser’s ear canals.
(c)CA Business & Professions Code § 2538.49(c) Inform the purchaser of the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.

Section § 2538.50

Explanation

In California, you cannot claim to be in the business of fitting or selling hearing aids, whether through advertising or any other means, unless you have a valid, active license or temporary license. Doing so without a license is illegal.

It is unlawful to advertise by displaying a sign or otherwise or hold themselves out to be a person engaged in the practice of fitting or selling hearing aids without having at the time of so doing a valid, unrevoked license or temporary license.

Section § 2538.51

Explanation

If you fit or sell hearing aids, you must have a permanent business location that's regularly open to serve your clients. It's illegal to do this work without such an address.

It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address, routinely open for service to their clients.

Section § 2538.52

Explanation
When licensed professionals are conducting tests related to fitting and selling hearing aids, the rules in this article must be followed.
When tests are conducted by persons licensed under this article in connection with the fitting and selling of hearing aids, the provisions of this article shall apply.

Section § 2538.53

Explanation

If you have a license to dispense hearing aids under this law, it runs out at midnight on a specific renewal date. To keep it active, you must apply for renewal and pay a fee before it expires. If you have a temporary license, there's a different section you need to follow for renewal, but you still need to use the right form and pay a fee. If you have a duplicate license for another location, it expires at the same time as your main license, and you need to renew it the same way you renew your main license.

(a)CA Business & Professions Code § 2538.53(a) A license issued under this article expires at midnight on its assigned renewal date.
(b)CA Business & Professions Code § 2538.53(b) To renew an unexpired license, the licensee shall, on or before the date of expiration of the license, apply for renewal on a form provided by the board, accompanied by the prescribed renewal fee.
(c)CA Business & Professions Code § 2538.53(c) Temporary license holders shall renew their licenses in accordance with Section 2538.27, and apply for that renewal on a form provided by the board, accompanied by the prescribed renewal fee for temporary licenses.
(d)CA Business & Professions Code § 2538.53(d) Each duplicate license issued for a branch office shall expire on the same date as the permanent license of the hearing aid dispenser to whom the duplicate license was issued. These duplicate licenses shall be renewed according to subdivision (b).

Section § 2538.54

Explanation

If your license has expired, you can still renew it within three years by submitting a renewal application and paying any back fees and a late fee. The renewal becomes active on the date when you complete the last step, whether that's submitting your application or paying the fees. Once renewed, your license will stay valid until the next expiration date unless you renew again.

Except as otherwise provided in this article, an expired license may be renewed at any time within three years after its expiration on filing of an application for renewal on a form prescribed by the board, and payment of all accrued and unpaid renewal fees. If the license is renewed after its expiration the licensee, as a condition precedent to renewal, shall also pay the delinquency fee prescribed by this article. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect through the date provided in Section 2538.53 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.

Section § 2538.55

Explanation
If your license to fit or sell hearing aids in California gets suspended, you still need to renew it like usual, but you can't work until it's reinstated. If your license is revoked and expires, you can't renew it. However, if you manage to get it reinstated after its expiration, you'll have to pay a reinstatement fee which includes the renewal and any past due fees.
A license which has been suspended is subject to expiration and shall be renewed as provided in this article but such renewal does not entitle the holder of the license, while it remains suspended and until it is reinstated, to engage in the fitting or selling of hearing aids, or in any other activity or conduct in violation of the order or judgment by which the license was suspended. A license which has been revoked is subject to expiration, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.

Section § 2538.56

Explanation

If you don't renew your license within three years after it expires, you can't renew or restore it. However, you can apply for a new license if you meet certain conditions: you haven't done anything that would stop you from getting a license, you pay the usual fees for a new applicant, and you pass the required test or prove to the board that you're qualified to sell or fit hearing aids. The board might waive or refund some fees if there's no test involved.

A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply for and obtain a new license if all of the following apply:
(a)CA Business & Professions Code § 2538.56(a) They have not committed acts or crimes constituting grounds for denial of licensure under Section 480.
(b)CA Business & Professions Code § 2538.56(b) They pay all of the fees that would be required if they were applying for a license for the first time.
(c)CA Business & Professions Code § 2538.56(c) They take and pass the examination that would be required if they were applying for a license for the first time, or otherwise establish to the satisfaction of the board that they are qualified to engage in the practice of fitting or selling hearing aids. The board may, by regulation, provide for the waiver or refund of all or any part of the application fee in those cases in which a license is issued without an examination under this section.

Section § 2538.57

Explanation

This section outlines various fees related to licensing within a specific profession. A first-time application costs $75, but if you're not eligible for the exam, you'll get $50 back. Exam fees are based on the actual costs set by the board. Temporary and permanent licenses have initial and renewal fees of $100 and $280, respectively. Branch office licenses and replacement licenses both cost $25. If you pay late, there’s an extra $25 penalty. The fee for certifying your licensure officially is $15, and if you're applying for continuing education course approval, it costs $50.

The amount of fees and penalties prescribed by this article shall be those set forth in this section unless a lower fee is fixed by the board:
(a)CA Business & Professions Code § 2538.57(a) The fee for applicants applying for the first time for a license is seventy-five dollars ($75), which shall not be refunded, except to applicants who are found to be ineligible to take an examination for a license. Those applicants are entitled to a refund of fifty dollars ($50).
(b)CA Business & Professions Code § 2538.57(b) The fees for taking or retaking the written and practical examinations shall be amounts fixed by the board, which shall be equal to the actual cost of preparing, grading, analyzing, and administering the examinations.
(c)CA Business & Professions Code § 2538.57(c) The initial temporary license fee is one hundred dollars ($100). The fee for renewal of a temporary license is one hundred dollars ($100) for each renewal.
(d)CA Business & Professions Code § 2538.57(d) The initial permanent license fee is two hundred eighty dollars ($280). The fee for renewal of a permanent license is not more than two hundred eighty dollars ($280) for each renewal.
(e)CA Business & Professions Code § 2538.57(e) The initial branch office license fee is twenty-five dollars ($25). The fee for renewal of a branch office license is twenty-five dollars ($25) for each renewal.
(f)CA Business & Professions Code § 2538.57(f) The delinquency fee is twenty-five dollars ($25).
(g)CA Business & Professions Code § 2538.57(g) The fee for issuance of a replacement license is twenty-five dollars ($25).
(h)CA Business & Professions Code § 2538.57(h) The continuing education course approval application fee is fifty dollars ($50).
(i)CA Business & Professions Code § 2538.57(i) The fee for official certification of licensure is fifteen dollars ($15).