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USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 23-A. HEARING AID DEALERS AND FITTERS
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Title 32 - §1658-A. License required to sell or fit hearing aids
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-A. License required to sell or fit hearing aids
1. License for person. No person may engage in the sale of or practice of fitting and dealing in hearing aids or display a sign or in any other
way advertise as or profess to be a person who practices the fitting, dealing and sale of hearing aids, unless that person
holds a valid license issued by the board as provided in section 1658-I. The license required by this chapter must be conspicuously
posted in the licensee's office or place of business. The board shall, for cost, issue duplicate licenses to license holders
operating more than one office. A license issued under this chapter confers on the holder the right to select, fit and sell
hearing aids.
[1997, c. 156, §1 (amd).]
2. License for business organization. Any corporation, partnership, trust, association or other like organization engaged in the business of selling or offering
for sale hearing aids at retail in the State shall apply to the board for a license to engage in that business. No business
entity may so engage in the business of selling or offering for sale hearing aids without a license to do so. The board shall
issue a license upon payment by the business entity of an application and license fee under section 1658-P set by the director
and upon filing of a sworn statement from a person with authority from the business entity. That sworn statement must list
the names and addresses of all hearing aid dealers and fitters directly or indirectly employed by the entity and must certify
that the entity employs only hearing aid dealers and fitters who are duly licensed by the State. At least one of the licensees
employed by the business entity must have been licensed for a minimum of 2 years and have at least 3,000 hours of work experience
as a hearing aid dispenser or be certified by the National Board for Certification in Hearing Instrument Sciences, except
that if the business entity is an audiologist licensed by the Board of Examiners on Speech-language Pathology and Audiology,
the business entity need not hire such an employee.
The license required by this chapter must be conspicuously posted in the licensee's office or place of business.
[2003, c. 609, §1 (amd).]
3. Violations by business organizations. No person, corporation, partnership, trust or other like organization, or the officers, partners, directors or trustees,
engaged in the business of selling hearing aids or hearing aid equipment in the State may knowingly employ any person who
has neither a license nor a trainee permit in the direct sale of hearing aids or hearing aid equipment; nor may that business
entity knowingly permit or advise any of its employees to violate any provision in this chapter or any provision in the rules;
nor may that business entity employ 2 or more persons in any one-year period concerning whom the department has refused to
issue a license.
If one or more of the employees of the licensee violates the standards of conduct established in section 1658-N and if, the
licensee fails to prove that it exercised reasonable care in the hiring, training, instructing and supervising of its employees
so as to avoid any violation of section 1658-N, the licensee shall be deemed to have permitted its employees to violate section
1658-N.
[1983, c. 413, §75 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-B. Payment; trial period; medical return
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-B. Payment; trial period; medical return
1. Trial period. The dealer-licensee may require the purchaser to pay the full purchase price for the hearing aid or aids at the time of
delivery.
A. On that date of delivery, a 30-day trial period begins. If within this trial period the purchaser notifies the dealer-licensee
of the purchaser's wish to cancel the transaction, the dealer-licensee must make a full refund of the purchase price, less
the reasonable price of the ear mold or molds and lab fees, at the time the purchaser returns the hearing aid or aids. The
dealer-licensee must also return to the purchaser any hearing aids, devices, accessories and ear molds that the dealer-licensee
has received from the purchaser.
[2001, c. 260, Pt. C, §1 (new).]
B. No fewer than 20 or more than 35 days following the delivery of the hearing aid or aids to the purchaser, the dealer-licensee
must contact the purchaser and provide, at no cost to the purchaser, any service, fitting or repair that may be necessary
for the beneficial and comfortable use of the hearing aid. If any service, fitting or repair is performed, a new 30-day trial
period commences as of the date of this service.
[2001, c. 260, Pt. C, §1 (new).]
[2001, c. 260, Pt. C, §1 (new).]
2. Return for medical reasons. The purchaser may cancel the transaction by submitting to the dealer-licensee within 60 calendar days from the date of delivery
of the hearing aid or aids a written opinion from a physician or audiologist stating that the hearing aid or aids is not advisable
for the purchaser. Upon receipt of the statement and return by the purchaser of the hearing aid or aids, the dealer-licensee
shall make a full refund of the purchase price, less the reasonable price of the ear mold or molds and lab fees. The dealer-licensee
must also return to the purchaser any hearing aids, devices, accessories and ear molds that the dealer-licensee has received
from the purchaser.
[2001, c. 260, Pt. C, §1 (new).]
3. Violations. Any provision of a contract that limits or conditions in any way the rights guaranteed to purchasers by this section is
against public policy and void. Any violation of the requirements of this section, in addition to being unethical conduct
under section 1658-N, constitutes a violation of the Unfair Trade Practices Act, Title 5, chapter 10.
[2001, c. 260, Pt. C, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-C. Notice required to be furnished to a person supplied with hearing aid
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-C. Notice required to be furnished to a person supplied with hearing aid
Any licensee who practices the fitting and dealing or sale of hearing aids shall deliver to each person supplied with a hearing
aid a written notice prior to or at the time the hearing aid is purchased. Such notice shall include all of the provisions
prescribed in this section. The board shall prepare a model notice containing all the requirements of this section, and shall
furnish copies upon request.
[1981, c. 703, Pt. A, §53 (amd).]
1. Licensee's identification. The notice shall state the licensee's signature, address of place of business and license number.
[1975, c. 463, §3 (rpr).]
2. Address of Board of Hearing Aid Dealers and Fitters. The notice shall state the address of the Board of Hearing Aid Dealers and Fitters.
[1975, c. 463, §3 (rpr).]
3. Make and model specifications. The notice shall state specifications as to the make and model of the hearing aid furnished, including:
A. The brand name or manufacturer's name, and the model;
[1975, c. 463, §3 (rpr).]
B. The serial number, notification of which shall be given in writing later if not known at the time of the notice; and
[1975, c. 463, §3 (rpr).]
C. The condition of the hearing aid, whether new, used or reconditioned.
[1975, c. 463, §3 (rpr).]
[1975, c. 463, §3 (rpr).]
4. Terms of sale. The notice shall state the full terms of sale, including the following terms:
A. There shall be a full and complete disclosure of the cost of financing the purchase of the aid.
[1975, c. 463, §3 (rpr).]
B. The notice shall state the complete terms of service, including cost of service, what services are available, by whom and
for how long such service will be provided, including house or office calls, when applicable, and the terms of aftercare fitting.
[1975, c. 463, §3 (rpr).]
C. If the initial price of the aid furnished is reduced by trade-in allowance or discount, the notice shall conspicuously state
the initial price of the aid before trade-in allowance or discount, the amount of the trade-in allowance or discount, and
the final price to the consumer.
[1975, c. 463, §3 (rpr).]
D. The notice must state the provisions of the 30-day trial period and 60-day medical return period as set out in section 1658-B.
[2001, c. 260, Pt. C, §2 (amd).]
[2001, c. 260, Pt. C, §2 (amd).]
5. Date of sale. The notice shall state the date of the sale.
[1975, c. 463, §3 (rpr).]
6. Terms of guarantee or warranty. The notice shall state the terms of guarantee or warranty, including:
A. The characteristics or properties of the hearing aid or parts thereof covered by or excluded from the guarantee or warranty;
[1975, c. 463, §3 (rpr).]
B. The duration of the guarantee or warranty;
[1975, c. 463, §3 (rpr).]
C. The conditions, if any, that the purchaser must fulfill before the guarantor or warrantor must perform his obligations;
[1975, c. 463, §3 (rpr).]
D. The obligations of the guarantor or warrantor, including obligations as to repair or replacement of hearing aids and refunding
of the purchase price or part thereof;
[1975, c. 463, §3 (rpr).]
E. The identity and address of the guarantor or warrantor.
[1975, c. 463, §3 (rpr).]
[1975, c. 463, §3 (rpr).]
7. Substitute models. Whenever a person practicing the fitting and sale of hearing aids furnishes to a purchaser a hearing aid of a different make,
model or specification than requested, the notice shall include a statement of this fact.
[1975, c. 463, §3 (rpr).]
8. Medical opinion. The notice shall conspicuously state the following:
"Any examination or examinations or representation or representations made by a licensed hearing aid dealer and fitter in
connection with the fitting and selling of such hearing aid or aids is not an examination, diagnosis or prescription by a
person licensed to practice medicine in this State and therefore must not be regarded as medical opinion or advice."
[1975, c. 463, §3 (rpr).]
9. Rules. The board may promulgate rules to define further the requirements of this section in order to provide the purchaser with
additional information to be contained in the notice provisions.
[1981, c. 703, Pt. A, §54 (amd).]
10. Limits or conditions. Any provision of a contract which limits or conditions in any way the right guaranteed to purchasers by this section shall
be deemed to be against public policy and void. Any violation of the requirements of this section shall, in addition to being
deemed unethical conduct as defined by the regulations pursuant to section 1658-N, constitute a violation of Title 5, chapter
10, Unfair Trade Practices Act.
[1975, c. 463, §3 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-D. Medical or audiological examination
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-D. Medical or audiological examination
1. Minors. A dealer may not sell or furnish a hearing aid to a person of 18 years or less without a written statement, signed by a physician
with specialized training in the field of otolaryngology, that the person has had an ear or hearing examination within 90
days of the purchase or furnishing of a hearing aid and that a hearing aid is recommended for the person.
[1995, c. 353, §11 (amd).]
2. Adults. The board shall by regulation list and define certain medical conditions affecting hearing. If a dealer has notice of the
existence of any one or more of such conditions in the case of a prospective purchaser of a hearing aid, whether by the dealer's
observation of the prospective purchaser or by information furnished by the prospective purchaser, fitting of the hearing
aid shall be delayed until the purchaser has had an ear or hearing examination administered by a physician with specialized
training in the field of otolaryngology or by an audiologist who, as a result of such examination, recommends in writing a
hearing aid for the prospective purchaser.
[1981, c. 703, Pt. A, § 55 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-E. Persons and practices not affected
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-E. Persons and practices not affected
This chapter is not intended to prevent any person from engaging in the practice of measuring human hearing, provided that
such person does not intend to sell hearing aids and accessories unless under the direct supervision of a licensee.
[1975, c. 463, § 3 (rpr).]
div>
This chapter does not apply to a person who is a physician or osteopath duly licensed under the laws of the State of Maine.
[1975, c. 463, § 3 (rpr).]
div>
Persons holding a master's or doctoral degree from an accredited university program which includes at least 24 credits in
audiology at the graduate level and 150 supervised clinical hours in clinical audiology may test or measure human hearing,
but shall not demonstrate, with the intent to sell, hearing aids and accessories, except ear molds.
[1975, c. 463, § 3 (rpr).]
div>
Nothing in this chapter shall be construed to require an ear or hearing examination by a physician or audiologist of a person
who objects thereto on the ground that such examination conflicts with the tenets and practices of a church or religious denomination
of which he is a member or adherent.
[1975, c. 463, § 3 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-F. Records
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-F. Records
1. Departmental records. The board shall keep an individual record for each licensed hearing aid dealer.
A. The file shall include the application for renewal and statements of periodic calibration checks on hearing testing equipment;
may include records for special certification for continuing education; and may include annual reports of numbers of individuals
tested and numbers of hearing aids sold.
[1975, c. 463, § 3 (rpr).]
B. These files shall be available to the licensee for discussion by written request to the Hearing Aid Dealers and Fitters
Board.
[1975, c. 463, § 3 (rpr).]
C. The board, upon written request, will furnish copies of forms for calibration posting and forms for the annual collection
of information regarding numbers of individuals tested and numbers of hearing aids sold, which information shall remain confidential.
[1981, c. 703, Pt. A, § 57 (amd).]
[1981, c. 703, Pt. A, § § 56, 57 (amd).]
2. Dealer records. Each licensed hearing aid dealer shall keep records for at least 6 years on each person who purchases a hearing aid to include:
Results of measurement of known hearing; medical clearance for hearing aid where indicated by section 1658-C or purchaser's
waiver of need for medical clearance; copy of warranty; date and type of hearing aid sold to purchaser; date and type of replacement
aids; type of ear mold and other pertinent information such as reports from speech and hearing centers. The audiogram or statements
of results of other measurement of known hearing shall be signed by the purchaser.
[1975, c. 463, § 3 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-G. Calibration
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-G. Calibration
Each audiometer used in the measurement of hearing when testing and fitting a hearing aid must meet calibration standards
which shall be defined in the board's rules. An objective calibration check of a permanently installed audiometer shall be
made at least once a year. An objective calibration check shall be made at least twice a year on instruments used outside
the listed business address of the hearing aid dealer and fitter. If an objective calibration check shows an audiometer to
deviate more than 10 db from the calibration standard, the audiometer must be recalibrated by either a calibration laboratory
or the audiometer manufacturer before it may be used to test hearing. The board will supply forms for the reporting of calibration
and keep a copy of the statement of calibration in each file of each licensee. Date of last calibration check or recalibration
shall be prominently displayed on the audiometer.
[1981, c. 703, Pt. A, § § 58,59 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-H. Reciprocity
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-H. Reciprocity
Whenever the board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect
pursuant to this chapter for the practice to fit and sell hearing aids, and that that 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 board may issue certificates of equivalent license to applicants who have current, unsuspended and
unrevoked certificates or licenses to fit and sell hearing aids in such other state or jurisdiction. No such applicant for
a certificate or equivalent license pursuant to this paragraph may be required to submit to or undergo a qualifying examination,
other than the payment of fees pursuant to this chapter. The holder of a certificate of equivalent license shall be registered
in the same manner as holders of a license. Fee, grounds for renewal and procedures for suspension and revocation of certificates
of equivalent license shall be the same as for the renewal, suspension or revocation of a license. The fee for an initial
certificate of equivalent license shall be the same as the fee for an initial license.
[1983, c. 413, § 76 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-I. Qualifications
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-I. Qualifications
1. Qualifications. Applicants for a license issued pursuant to section 1658-A, subsection 1, shall be qualified upon successfully passing a
qualifying examination, provided that the applicant:
A. Is at least 18 years of age;
[1975, c. 463, §3 (rpr).]
B. Is trustworthy and competent to engage in practice in such a manner as to safeguard the interests of the public and without
a record of violation of another state's statutes regarding hearing aid dealers and fitters;
[1983, c. 413, §77 (amd).]
C. Has an education equivalent of a 4-year course in an accredited high school; and
[1975, c. 463, §3 (rpr).]
D. Has obtained a trainee permit pursuant to section 1658-J and has received a minimum of 750 hours of training in the practice
of fitting and dealing in hearing aids under the direct supervision of a licensee during a period of not fewer than 6 nor
more than 12 months. Audiologists licensed by the Board of Examiners on Speech-language Pathology and Audiology are exempt
from the requirements of this paragraph.
[2003, c. 609, §2 (amd).]
The board may require letters of reference, physician's statements of applicant's good health, verification of age or other
supportive documents as may be required.
The board may promulgate rules to further define the qualifications in this section in order to insure that only properly
qualified persons take the licensing examination.
Any person knowingly furnishing false information or omitting pertinent information from an application to take the qualifying
examination for a fitter's and dealer's license shall be denied the right to take the examination for not less than one year
nor more than 3 years.
[2003, c. 609, §2 (amd).]
2. Examination. The applicant for license by examination shall appear at a time, place and before such persons as the board may designate,
to be examined by means of written, practical and oral tests in order to demonstrate that the applicant is qualified to practice
the fitting and sale of hearing aids. The board may appoint a consultant to assist in preparing the examination itself as
well as conducting and supervising the testing. The examination administered as directed by the board constituting standards
for licensing may not be conducted in such a manner that college training be required in order to pass the examination. Nothing
in this examination may imply that the applicant possesses the degree of medical competence normally expected by physicians.
Audiologists licensed by the Board of Examiners on Speech-language Pathology and Audiology are exempt from the requirements
of this subsection.
[2003, c. 609, §3 (amd).]
3. Time. The board shall give examinations at least twice a year, with additional dates for examination set at the discretion of the
board. The board will give 30 days' public notice of the date, time and place of examination.
[1981, c. 703, Pt. A, §63 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-J. Trainee permit
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-J. Trainee permit
An applicant who fulfills the requirements as set forth in section 1658-I, subsection 1, paragraphs A to C, may obtain a trainee
permit upon application to the board, accompanied by the required fee under section 1658-P set by the director and the signature
of the licensed hearing aid dealer and fitter who is responsible for the direct supervision of the trainee. A trainee permit
is valid for 18 months. Giving due consideration to the public interest, the board may approve the renewal of a trainee permit
once.
[2001, c. 323, §20 (amd).]
div>
A person holding a trainee permit may not engage in the practice of dealing in or fitting of hearing aids, except while under
supervision by a licensed hearing aid dealer and fitter.
[1995, c. 502, Pt. H, §28 (amd).]
div>
A person who holds a trainee permit shall notify the board in writing upon completion of the training required under section
1658-I, subsection 1, paragraph D, and shall sit for the next scheduled licensing examination. If the holder of a trainee
permit successfully passes the examination, the board shall issue a license upon the payment of the annual license fee required
under section 1658-P.
[1997, c. 156, §5 (amd).]
div>
If the holder of a trainee permit fails the examination, that person may retake the examination, upon payment of the required
fee under section 1658-P, within one year after completing the training required under section 1658-I, subsection 1.
[2001, c. 323, §20 (amd).]
p align="center">
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-K. Scope of examination
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-K. Scope of examination
The qualifying examination provided in section 1658-I shall consist of, but not be limited to:
[1975, c. 463, §3 (rpr).]
1. Areas. Tests of knowledge in the following areas as they pertain to the fitting and sale of hearing aids:
A. Basic physics of sound;
[1975, c. 463, §3 (rpr).]
B. The anatomy and physiology of the ear;
[1975, c. 463, §3 (rpr).]
C. The function of hearing aids; and
[1975, c. 463, §3 (rpr).]
D. Types of hearing loss and deafness.
[1975, c. 463, §3 (rpr).]
[1975, c. 463, §3 (rpr).]
2. Practical tests. Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing aids:
A. Pure tone audiometry, including air conduction testing and bone conduction testing;
[1975, c. 463, §3 (rpr).]
B. Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech recognition testing;
[1997, c. 156, §6 (amd).]
C. Criteria for masking;
[1997, c. 156, §6 (amd).]
D. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing aid;
[1975, c. 463, §3 (rpr).]
E. Taking ear mold impressions.
[1997, c. 156, §6 (amd).]
F.
[1997, c. 156, §7 (rp).]
G.
[1997, c. 156, §7 (rp).]
H. Evidence of knowledge regarding consumer laws as they apply to licensees and trainees.
[1975, c. 463, §3 (rpr).]
[1997, c. 156, §§6, 7 (amd).]
3. Rules. The board may promulgate rules which further define additional areas to be tested in the qualifying examination in order
to promote more knowledgeable practitioners in this field.
[1981, c. 703, Pt. A, §65 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-L. Notice to board of place of business; notice to holders of license; how given by board
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-L. Notice to board of place of business; notice to holders of license; how given by board
A licensee shall notify the board in writing of the regular address of the place or places where the licensee engages or intends
to engage in the fitting or the sale of hearing aids.
[1997, c. 156, §8 (amd).]
div>
The board shall keep a record of the places of business of licensees.
[1997, c. 156, §8 (amd).]
div>
Any notice required to be given by the board to a licensee must be mailed to the licensee at the address of the last place
of business of which the licensee has notified the board.
[1997, c. 156, §8 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-M. Annual renewal of license; fees; effect of failure to renew
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-M. Annual renewal of license; fees; effect of failure to renew
1. License renewal. Annual renewal of licenses under this chapter must be in accordance with the following.
A. Licenses issued to hearing aid dealers and business organizations pursuant to section 1658-A, subsection 1 may be renewed
annually upon application by the licensee accompanied by the required fee under section 1658-P set by the director. The board
shall notify every licensee of the date of expiration of the license and the amount of the fee required for renewal for a
12-month period. The notice must be mailed to the licensee's last known address at least 30 days in advance of the expiration
of the license. The license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition
to the renewal fee. A person who submits an application for renewal more than 90 days after the license expiration date is
subject to all requirements governing new applicants under this chapter, except that the board, giving consideration to the
protection of the public, may waive examination if the renewal application is made within 2 years from the date of the expiration.
[2001, c. 323, §21 (amd).]
B. Notwithstanding this section, an annual renewal certificate may not be issued by the board to a licensee until the applicant
submits proof satisfactory to the board that, during the year preceding the applicant's application for renewal, the applicant
has participated in continuing education in fitting and dealing in hearing aids according to requirements established by the
board.
[1997, c. 156, §9 (new).]
[2001, c. 323, §21 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-N. Investigation; grounds for suspension of license
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-N. Investigation; grounds for suspension of license
The board shall investigate or cause to be investigated all complaints made to it and all cases of noncompliance with or violation
of this chapter. Any person may register a complaint of fraud, deceit, gross negligence, incompetency or misconduct against
any licensee under this chapter. These complaints must be in writing.
[1997, c. 156, §10 (amd).]
div>
The board may suspend or revoke a license pursuant to Title 5, section 10004. The board may refuse to issue or renew a license
or the District Court may revoke, suspend or refuse to renew a license for any one of the following causes:
[1983, c. 413, §80 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
1. Fraud or deceit. Procuring of license by fraud or deceit practiced upon the board or a purchaser;
[1983, c. 413, §80 (rpr).]
2. Unethical conduct. Violation of such rules as the board may promulgate to define unethical conduct for the purposes of this chapter in order
to protect the public from unfair or deceptive practices and to effectively promote a high standard of ethics in the hearing
aid industry;
[1983, c. 413, §80 (rpr).]
3. Falsity. Engaging in the fitting and sale of hearing aids under a false name or alias with fraudulent intent;
[1983, c. 413, §80 (rpr).]
4. Without testing. Selling or causing to be sold a hearing aid to any person who has not been given tests, including at least pure tone, air
and bone audiometry. The results of these tests shall be permanently filed according to section 1658-E;
[1983, c. 413, §80 (rpr).]
5. Negligence. Incompetence, negligence or neglect in the conduct of the practice of fitting and dealing in hearing aids, including, but
not limited to, the improper fitting of a hearing aid, the sale of a hearing aid to a person with normal hearing, making an
ear mold impression or fitting an ear mold without prior inspection of the external ear canal, making ear mold impression
or fitting an ear mold after prior inspection revealed the presence of, or impacted, cerumen in the ear canal, failure to
indicate the need for medical or audiological evaluation when the prospective purchaser's history reveals a probable risk
of disease or progressive hearing impairment, the failure to make the required medical referrals, the incorrect reporting
of hearing test results to any person, the failure to be present to fit the final hearing aid on the ear of the purchaser,
and the tampering with a satisfactorily performing hearing aid owned by a purchaser or potential purchaser so as to cause
that hearing aid to no longer perform correctly;
[1997, c. 156, §11 (amd).]
6. Violations. For any violation of this chapter or the rules ; or
[1983, c. 413, §80 (rpr).]
7. Conviction of a criminal offense. Conviction of a crime, subject to the limitations of Title 5, chapter 341.
[1983, c. 413, §80 (new).]
div>
The board, for reasons it may deem sufficient, may reissue a license to any former licensee whose license has been revoked.
[1983, c. 413, §80 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-O. Prohibited acts and practices
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-O. Prohibited acts and practices
1. Prohibitions. No person shall:
A. Sell, barter or offer to sell or barter a license;
[1975, c. 463, § 3 (new).]
B. Purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to practice the
fitting and sale of hearing aids;
[1975, c. 463, § 3 (new).]
C. Alter a license with fraudulent intent;
[1975, c. 463, § 3 (new).]
D. Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially
altered; or
[1975, c. 463, § 3 (new).]
E. Willfully make a false statement in an application for license or application for renewal of a license.
[1975, c. 463, § 3 (new).]
[1975, c. 463, § 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658-P. Fees
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658-P. Fees
The Director of the Office of Licensing and Registration within the department may establish by rule fees for purposes authorized
under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any
one purpose may not exceed $325 annually. Rules adopted pursuant to this section are routine technical rules pursuant to
Title 5, chapter 375, subchapter II-A.
[2001, c. 323, §22 (amd).]
1. Application.
[2001, c. 323, §22 (rp).]
2. Original dealer license.
[2001, c. 323, §22 (rp).]
3. Original business license.
[2001, c. 323, §22 (rp).]
4. Renewal of dealer or business license.
[2001, c. 323, §22 (rp).]
5. Trainee permit, including first examination.
[2001, c. 323, §22 (rp).]
6. Retake of practical examination.
[2001, c. 323, §22 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1658. Definitions
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1658. Definitions
As used in this chapter, unless the context requires otherwise, the following words shall have the following meanings.
[1975, c. 463, §3 (rpr).]
1. Board. "Board" means the Board of Hearing Aid Dealers and Fitters, as established by Title 5, section 12004-A, subsection 20.
[1989, c. 503, Pt. B, §129 (amd).]
2. Calibration. "Calibration" is the objective adjustment of a machine to an accepted standard. The department shall promulgate rules and
regulations to define recalibration, accepted standards and calibration check in order to further inform the dealers.
[1975, c. 463, §3 (rpr).]
2-A. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation.
[RR 1993, c. 1, §84 (cor).]
3. Dealer. "Dealer" shall mean any person, duly licensed by the department, who engages in the practice of fitting and dealing in hearing
aids, or any person who has a temporary trainee permit issued by the department, pursuant to section 1658-I, to engage in
the practice of fitting and dealing in hearing aids.
[1975, c. 463, §3 (rpr).]
4. Department. "Department" means the Department of Professional and Financial Regulation.
[RR 1993, c. 1, §85 (cor).]
5. Hearing aid. "Hearing aid" shall mean any wearable instrument or device designed for or offered for the purpose of aiding or compensating
for impaired human hearing, and any parts, attachments or accessories, including ear mold, but excluding batteries and cords.
[1975, c. 463, §3 (rpr).]
6. Hearing aid orientation. "Hearing aid orientation" involves 4 basic features, as follows:
A. Instruction in use and care of the instrument;
[1975, c. 463, §3 (rpr).]
B. Information regarding expectations and limitations;
[1975, c. 463, §3 (rpr).]
C. Information regarding the availability of additional services to meet associated needs, auditory rehabilitation, communication
therapy and additional special counseling services; and
[1975, c. 463, §3 (rpr).]
D. Information regarding follow-up services, malfunctioning of hearing aids, mechanical adjustment or repair or remakes of
hearing aids or ear molds.
[1975, c. 463, §3 (rpr).]
[1975, c. 463, §3 (rpr).]
7. License. "License" shall mean a license issued by the State of Maine under this chapter to hearing aid dealers and fitters.
[1975, c. 463, §3 (rpr).]
8. Practice of fitting and dealing in hearing aids. "Practice of fitting and dealing in hearing aids" shall include, but not be limited to, the selection, adaptation or sale
of hearing aids, or parts thereof; the testing of hearing by means of an audiometer or equivalent measurement of hearing;
and the making of impressions for ear molds and hearing aid orientation.
[1975, c. 463, §3 (rpr).]
9. Sell or sale. "Sell" or "sale" includes a transfer of title or of the right to use by lease, bailment or any other contract, between a
dealer and a purchaser, but does not include wholesale transactions.
[1975, c. 463, §3 (rpr).]
10. Trainee permit. "Trainee permit" shall mean a temporary permit issued while the applicant is in training to become a licensed hearing aid
dealer and fitter.
[1975, c. 463, §3 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1659-A. Board of Hearing Aid Dealers and Fitters (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1659-A. Board of Hearing Aid Dealers and Fitters (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1659. Hearings
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1659. Hearings
Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation
or denial of a license, or as otherwise deemed necessary to the fulfillment of its responsibilities under this chapter.
[1983, c. 413, §81 (rpr).]
div>
The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded
the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request
of any person who is denied a license without a hearing for any reason other than failure to pay a required fee, provided
that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial
of the applicant's application, the reasons for the denial and the applicant's right to request a hearing. Hearings must
be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent
applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
[1997, c. 156, §13 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1660-A. Board of Hearing Aid Dealers and Fitters
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1660-A. Board of Hearing Aid Dealers and Fitters
1. Board. The Board of Hearing Aid Dealers and Fitters is established by Title 5, section 12004-A, subsection 20.
[1989, c. 503, Pt. B, §130 (amd).]
2. Membership. Members of the board must be residents of the State. The board consists of the following 7 members: 4 licensed hearing
aid dealers and fitters, one licensed audiologist and 2 representatives of the public. Each hearing aid dealer and fitter
on the board must have had not less than 5 years of experience and must hold a valid license as a hearing aid dealer and fitter,
as provided under this chapter.
[1999, c. 687, Pt. E, §4 (amd).]
3. Appointment; term of office; chair. All members of the board are appointed by the Governor. The term of office of each member is 3 years. Appointments of
members must comply with section 60. A board member may be removed by the Governor for cause. At the first meeting in each
calendar year, the members of the board shall designate one member to serve as chair and another to serve as secretary-treasurer.
[1993, c. 600, Pt. A, §106 (amd).]
4. Compensation. Members of the board shall be compensated according to the provisions of Title 5, chapter 379.
[1983, c. 812, §211 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1660-B. Powers and duties of the board
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1660-B. Powers and duties of the board
The powers and duties of the board, in addition to those otherwise set forth in this chapter, are as follows:
[1983, c. 413, §84 (amd).]
1. Authorize disbursements. To authorize all disbursements necessary to carry out this chapter;
[1981, c. 703, Pt. A, §73 (new).]
2. Supervise issuance of licenses. To supervise issuance of licenses by experience and to administer qualifying examinations to test the knowledge and proficiency
of applicants licensed by examination;
[1981, c. 703, Pt. A, §73 (new).]
3. Registration. To register persons who apply to the board and who are qualified to engage in the fitting and sale of hearing aids;
[1981, c. 703, Pt. A, §73 (new).]
4. Audiometric equipment.
[1997, c. 156, §14 (rp).]
5. Issue and renew licenses. To issue and renew licenses;
[1981, c. 703, Pt. A, §73 (new).]
6. Suspension or revocation of licenses.
[1983, c. 413, §84 (rp).]
6-A. Contracts.
[1995, c. 397, §35 (rp).]
7. Designation of examination. The time and place for examining applicants;
[1981, c. 703, Pt. A, §73 (new).]
8. Conduct or supervise examinations. To appoint representatives to conduct or supervise the examination.
[1981, c. 703, Pt. A, §73 (new).]
9. Adopt rules. In accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, to promulgate, adopt, amend
and publish rules not inconsistent with the laws of this State, which are necessary to carry out this chapter. The rules
shall serve to protect the consumer from unethical practices, shall serve to explain or define terms and words contained within
this chapter and shall add to the general understanding of both consumer and practitioner of this chapter;
[1983, c. 413, §84 (amd).]
10. Appoint employees.
[1995, c. 397, §36 (rp).]
11. Redistribute expiration dates.
[1983, c. 413, §84 (rp).]
12. Educational programs. To provide or make available opportunity for lectures, courses or workshops which will be useful and educational to licensees
or trainees and to use its funds to sponsor those educational programs.
[1983, c. 413, §84 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1660-C. Meetings of board
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1660-C. Meetings of board
The board shall meet twice each year at a place, day and hour determined by the board. Additional meetings must be held as
necessary to conduct the business of the board, and may be convened at the call of the chair or 4 of the board members. A
quorum of the board consists of not less than 4 members. The board shall keep correct records of all of its proceedings.
[1999, c. 687, Pt. E, §5 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1660-D. Disposition of receipts; Hearing Aid Account (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1660-D. Disposition of receipts; Hearing Aid Account (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1660-E. Violations
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1660-E. Violations
A person who violates any provision of this chapter or any of the rules of the board for which a penalty has not been prescribed
commits a civil violation for which a forfeiture of not more than $1,000 may be adjudged.
[2001, c. 421, Pt. B, §96 (amd); Pt. C, §1 (aff).]
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The State may bring an action in Superior Court to enjoin any person from violating this chapter, regardless of whether other
administrative, civil or criminal proceedings have been or may be instituted.
[2001, c. 421, Pt. B, §96 (amd); Pt. C, §1 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1660-F. Severability
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1660-F. Severability
If any section, subsection, part or provision contained in this chapter, or any provision of any rule or regulation promulgated
hereunder, is found to be invalid, such invalidity shall not affect other provisions or applications which can be given effect
without the invalid provision or application.
[1975, c. 463, § 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 32 - §1660. Powers and duties of department (REPEALED)
Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 23-A: HEARING AID DEALERS AND FITTERS
§1660. Powers and duties of department (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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