Speech-language Pathologists, Audiologists, and Hearing Aid DispensersHearing Aid Dispensers
Section § 2538.10
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.
Section § 2538.11
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.
Section § 2538.12
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.
Section § 2538.13
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.
Section § 2538.14
This section defines a 'hearing aid dispenser' as someone who fits or sells hearing aids to people with hearing loss.
Section § 2538.15
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.
Section § 2538.16
Section § 2538.17
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.
Section § 2538.18
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.
Section § 2538.20
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.
Section § 2538.21
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.
Section § 2538.22
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.
Section § 2538.23
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.
Section § 2538.24
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.
Section § 2538.25
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.
Section § 2538.26
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.
Section § 2538.27
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.
Section § 2538.28
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.
Section § 2538.29
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.
Section § 2538.30
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.
Section § 2538.31
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.
Section § 2538.32
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.
Section § 2538.33
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.
Section § 2538.34
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.
Section § 2538.35
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.
Section § 2538.36
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.
Section § 2538.37
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.
Section § 2538.38
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.
Section § 2538.39
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.
Section § 2538.40
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.
Section § 2538.41
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.
Section § 2538.42
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.
Section § 2538.43
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.
Section § 2538.44
Buying or trading for a hearing aid license to falsely show you are qualified to fit or sell hearing aids is illegal.
Section § 2538.45
Section § 2538.46
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.
Section § 2538.47
You can't lie or provide false information on purpose when applying for a license exam with the board. It's considered illegal.
Section § 2538.48
In California, it is illegal to fit or sell hearing aids without a current, valid license or temporary license.
Section § 2538.49
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.
Section § 2538.50
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.
Section § 2538.51
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.
Section § 2538.52
Section § 2538.53
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.
Section § 2538.54
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.
Section § 2538.55
Section § 2538.56
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.
Section § 2538.57
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.