GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2007
H 1
HOUSE BILL 1577
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Short Title: Amend Hearing Aid Dealers/Fitters Laws/Fees. |
(Public) |
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Sponsors: |
Representative England. |
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Referred to: |
Health, if favorable, Finance. |
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April 18, 2007
A BILL TO BE ENTITLED
AN ACT to amend the laws relating to hearing aid dealers and fitters and to authorize the north carolina state hearing aid dealers and fitters board to increase certain fees.
The General Assembly of North Carolina enacts:
SECTION 1. The title of Chapter 93D of the General Statutes and G.S. 93D‑1 read as rewritten:
"Chapter 93D.
"North Carolina State Hearing Aid Dealers and FittersLicensing Board.
"§ 93D‑1. Definitions.
For the purposes of this Chapter:
(1) "Board" shall mean the North Carolina
State Hearing Aid Dealers and FittersLicensing Board.
(2) "Fitting and selling hearing aids" shall mean the evaluation or measurement of the powers or range of human hearing by means of an audiometer or by other means and the consequent selection or adaptation or sale or rental of hearing aids intended to compensate for hearing loss including the making of an impression of the ear.
(3) "Hearing aid" shall mean any instrument or device designed for or represented as aiding, improving or compensating for defective human hearing and any parts, attachments or accessories of such an instrument or device."
SECTION 2. G.S. 93D‑2 reads as rewritten:
"§ 93D‑2. Fitting and selling without license unlawful.
It shall be unlawful for any person to fit or sell hearing
aids unless he the person has first obtained a license from the
North Carolina State Hearing Aid Dealers and FittersLicensing
Board or is an apprentice who has passed an entry-level competency exam and
is working under the supervision of a board Board licensee."
SECTION 3. Chapter 93D of the General Statutes is amended by adding a new section to read:
"§ 93D‑2.1. Hearing aid sales.
A person may offer hearing aids for sale, lease, or rental to persons in this State by catalog, direct mail, television, radio, the Internet, or any other mass media source if the following criteria are met:
(1) The seller is licensed as a hearing aid dispenser under this Chapter.
(2) There is no fitting, selection, or adaptation of the hearing aid instrument.
(3) No advice is given with respect to the fitting, selection, or adaptation of the hearing aid instrument.
(4) No advice is given with respect to the taking of ear impressions for the ear mold by the seller.
(5) The seller has received a statement that is signed by a physician licensed under Article 1 of Chapter 90 of the General Statutes verifying the medical clearance of the person seeking to purchase the hearing aid. The seller shall retain a copy of the statement for a period of time as required by federal law, the provisions of this Chapter, or rules adopted by the Board, whichever is longer.
(6) The seller has abided by all federal regulations and State rules regarding the hearing aid device."
SECTION 4. G.S. 93D‑3 reads as rewritten:
"§ 93D‑3.
North Carolina State Hearing Aid Dealers and FittersLicensing
Board; composition, organization, duties and compensation.
(a) There is hereby created a board whose duty it shall
be to carry out the purposes and enforce the provisions of this Chapter, and
which shall be known as the "North Carolina State Hearing Aid Dealers
and FittersLicensing Board." The Board shall be composed of
seven members. Four members who have been actively engaged in the fitting and
selling of hearing aids for three years shall be appointed by the Governor.
These initial appointments are for the following terms: one for one year, one
for two years, one for three years and one for four years. All appointments
made on or after July 1, 1981, shall be for terms of three years.
One member shall be appointed by the Governor who shall be a physician practicing in North Carolina, preferably specializing in the field of otolaryngology. All appointments shall be for terms of three years.
One member shall be appointed by the Governor from a list of two audiologists residing in North Carolina, which list shall be compiled by the North Carolina Speech and Hearing Association. This initial appointment shall be for a term of three years. All appointments made on or after July 1, 1981, shall be for a term of three years.
One member shall be appointed by the Governor to represent the interest of the public at large. This member shall have no ties to the hearing aid business nor shall he be an audiologist. The Governor shall appoint the public member not later than July 1, 1981, to serve a term of three years.
All Board members serving on June 30, 1981, shall be eligible to complete their respective terms. No member appointed to a term on or after July 1, 1981, shall serve more than two complete consecutive terms.
Vacancies on the Board shall be filled by appointment of the Governor. Appointees shall serve the unexpired term of their predecessor in office and must be appointed from the same category as their predecessor in office. The members of the Board, before entering their duties, shall respectively take all oaths taken and prescribed for other State officers, in the manner provided by law, which oaths shall be filed in the office of the Secretary of State, and the Board shall have a common seal.
(b) The Board shall choose, at the first regular meeting and annually thereafter, one of its members to serve as president and one as secretary and treasurer. A majority of the Board shall constitute a quorum. The Board shall meet at least once a year, the time and place of the annual meeting and any special meetings to be designated by the president. The secretary and treasurer of the Board shall keep a full record of its proceedings, including a current list of all licensees, which shall at all reasonable times be open to public inspection. The Board is authorized to employ an executive secretary and to provide such assistance as may be required to enable said Board to properly perform its duties.
(c) The Board shall:
(1) Authorize all disbursements necessary to carry out the provisions of this Chapter;
(2) Supervise and administer qualifying examinations to
test and determine the knowledge and proficiency of applicants for licenses;licensure
and applicants for apprenticeships;
(3) Issue licenses to qualified persons who apply to the Board;
(4) Obtain audiometric equipment and facilities necessary to carry out the examination of applicants for licenses;
(5) Suspend or revoke licenses pursuant to this Chapter;
(6) Make and publish rules, including a code of ethics, that are necessary and proper to regulate the fitting and selling of hearing aids and to carry out the provisions of this Chapter;
(7) Exercise jurisdiction over the hearing of complaints, charges of malpractice including corrupt or unprofessional conduct, and allegations of violations of the Board's rules that are made against any fitter and seller of hearing aids in North Carolina;
(8) Require the periodic inspection and calibration of audiometric testing equipment of persons who are fitting and selling hearing aids;
(9) In connection with any matter within the jurisdiction of the Board, summon and subpoena and examine witnesses under oath and to compel their attendance and the production of books, papers, or other documents or writings deemed by the Board to be necessary or material to the inquiry. Each summons or subpoena shall be issued under the hand of the secretary and treasurer or the president of the Board and shall have the force and effect of a summons or subpoena issued by a court of record. Any witness who shall refuse or neglect to appear in obedience thereto or to testify or produce books, papers, or other documents or writings required shall be liable to contempt charges. The Board shall pay to any witness subpoenaed before it the fees and per diem as paid witnesses in civil actions in the superior court of the county where such hearing is held;
(10) Inform the Attorney General of any information or knowledge it acquires regarding any "price‑fixing" activity whatsoever in connection with the sales and service of hearing aids;
(11) Establish and enforce rules to guarantee that a full refund will be made within 90 days by the seller of a hearing aid to the purchaser when presented with a written medical opinion of an otolaryngologist that the purchaser's hearing cannot be improved by the use of a hearing aid;
(12) Fund, establish, conduct, approve and sponsor instructional programs for registered apprentices and for persons who hold a license as well as for persons interested in obtaining adequate instruction or programs of study to qualify them for registration to the extent that the Board deems such instructional programs to be beneficial or necessary;
(13) Register persons serving applying as
apprentices as set forth in G.S. 93D‑9;
(14) Have the power to set and collect fees in accordance with Chapter 150B of the General Statutes for the items listed in this subdivision and for other items for which this Chapter gives the Board the authority to set a fee:
a. For a continuing education make‑up class provided by the Board, a fee not to exceed fifty dollars ($50.00) per person for each day of instruction. The Board may not offer a make‑up class that is longer than two days;
b. For a license examination preparation course provided by the Board, a fee not to exceed fifty dollars ($50.00) per person for each day of instruction. The Board may not offer an examination preparation course that is longer than three days;
c. For approval of a continuing education program provider, a fee not to exceed forty dollars ($40.00);
d. For verifying and recording attendance at a continuing education program not provided by the Board, a fee not to exceed fifteen dollars ($15.00) per licensee per program;
e. For providing a voluntary two‑day apprentice training workshop, a fee not to exceed one hundred dollars ($100.00) per person, and for providing a three‑day voluntary apprentice training workshop, a fee not to exceed one hundred fifty dollars ($150.00) per person;
f. For administering an examination, a fee not to
exceed seventy‑five dollars ($75.00);andthree hundred dollars
($300.00);
g. For administering a prequalifying examination to applicants for apprenticeship, a fee not to exceed twenty‑five dollars ($25.00); and
(15) Adopt annually a balanced budget prior to the beginning of its fiscal year, against which expenditures shall be reviewed throughout the fiscal year to ensure that expenditures during the year do not exceed receipts for that year plus amounts held by the Board in reserve. Except for monies from charges for photocopying and similar charges, the Board's receipts shall consist of and be limited to funds derived from fees expressly authorized by law.
(d) Out of the funds coming into the possession of
said Board, each member thereof may receive as reimbursement for each day he is
actually engaged in the assigned duties of his office, the sum of eight cents
(8˘) per mile for travel plus the actual costs of meals and public lodging
while away from home, which costs of meals and lodging may not exceed twenty
dollars ($20.00) per day. Such expenses shall be paidEach member of the
Board shall receive per diem and reimbursement for travel and subsistence as
provided in G.S. 93B‑5. The expenses shall be paid from the fees
and assessments received by the Board under the provisions of this Chapter. No
part of these expenses or any other expenses of the Board, in any manner
whatsoever, shall be paid out of the State treasury. All moneys received in
excess of expense allowance and mileage, as above provided, shall be held by
the secretary‑treasurer as a special fund for meeting other expenses of
the Board and carrying out the provisions of this Chapter.
The secretary‑treasurer shall give a bond to the
Board to be approved by the Board, in the sum of five thousand dollars ($5,000)
conditioned upon the faithful performance of the duties of his office.
The Board shall make an annual report of its proceedings to
the Governor on the first Monday in June of each year, which report shall
contain an account of all moneys received and disbursed by the Board and a
complete listing of names and addresses of all licensees and apprentices.
Copies of the report and list of licensees and apprentices shall be filed in
the office of the State Auditor, the Secretary of State, and Attorney General.in
accordance with G.S. 93B‑2."
SECTION 5. G.S. 93D‑5 reads as rewritten:
"§ 93D‑5.
Requirements for registration;licensure; examinations; apprentice
licenses.
(a) No person shall begin the fitting and selling of
hearing aids in this State unless the person has been issued a license by the
Board or is an apprentice who has taken and passed a prequalifying
examination and is working under the supervision of a licensee. Except as
hereinafter provided, each applicant for a license shall pay a fee set by the
Board, not to exceed one hundred fifty dollars ($150.00),two hundred
fifty dollars ($250.00), which fee may be prorated by the Board, and shall
show to the satisfaction of the Board that the applicant:
(1) Is a person of good moral character,
(2) Is 18 years of age or older,
(3) Has an education equivalent to a four‑year
course in an accredited high school,school.
(4) Is free of contagious or infectious
disease.
(b) Except as hereinafter provided, no license shall be
issued to a person until he the person has successfully passed a
qualifying examination administered by the Board.
(c) No license shall be issued to any person until he
the person has served as an apprentice as set forth in G.S. 93D‑9
for a period of at least one year; provided, that this subsection shall not
apply to those persons qualified under G.S. 93D‑6 nor to those
persons holding masters degreeslicenses in Audiology or persons
holding doctoral degrees in Audiology from accredited training programs who
have undergone 250 hours of supervised activity fitting and selling hearing
aids under the direct supervision of a licensed hearing aid dealer dispenser
approved by the Board, or have met the licensure requirements under Article
22 of Chapter 90 of the General Statutes and have worked full time for one year
fitting and selling hearing aids in the office of and under the direct
supervision of an otolaryngologist and have participated in 250 hours of Board‑supervised,
continuing professional education in fitting hearing aids."
SECTION 6. G.S. 93D‑9 reads as rewritten:
"§ 93D‑9. Registration of apprentices.
(a) Any person age 17 18 or older may
apply to the Board for registration as an apprentice. Each applicant must be
sponsored by a hearing aid dealer and fitter licensed by the Board.
(b) Upon receiving an application accompanied by a fee
in an amount set by the Board, not to exceed one hundred dollars ($100.00), the
Board may register the applicant as an apprentice, whichapprentice
and upon successfully passing a prequalifying examination within 30 days from
the date of application, the registration shall entitle the applicant to
fit and sell hearing aids under the supervision of a holder of a regular
license. The prequalifying examination shall consist of pure tone
audiometry, which includes air and bone conduction testing and regulations.
(c) No applicant shall be registered as an apprentice by the Board under this section unless the applicant shows to the satisfaction of the Board that the applicant is or will be supervised and trained by a hearing aid fitter and seller who holds a license.
(d) If a person 18 years of age or older who is registered as an apprentice under this section does not take the next succeeding examination given after a minimum of one full year of apprenticeship, the person's apprentice registration shall not be renewed, except for good cause shown to the satisfaction of the Board.
(e) If a person who is registered as an apprentice takes and fails to pass the next succeeding examination given after one full year of apprenticeship, the Board may renew the apprenticeship license for a period of time to end 30 days after the results of the examination given next after the date of renewal of said registration. The fee for renewal of apprenticeship registration shall be set by the Board at an amount not to exceed one hundred fifty dollars ($150.00).
(f) The Board shall adopt rules implementing initial and renewal registration of apprentices."
SECTION 7. G.S. 93D‑11 reads as rewritten:
"§ 93D‑11. Annual fees; failure to pay; expiration of license; occupational instruction courses.
Every licensed person who engages in the fitting and selling
of hearing aids shall pay to the Board an annual license renewal fee in an
amount set by the Board, not to exceed one hundred fifty dollars ($150.00).two
hundred fifty dollars ($250.00). Such The payment shall be
made prior to the first day of April in each year. In case of default in
payment the license shall expire 30 days after notice by the secretary‑treasurer
to the last known address of the licensee by registered mail. The Board may
reinstate an expired license upon the showing of good cause for late payment of
fees, upon payment of said fees within 60 days after expiration of the license,
and upon the further payment of a late penalty of twenty‑five dollars
($25.00). After 60 days after the expiration date, the Board may reinstate the
license for good cause shown upon application for reinstatement and payment of
a late penalty of fifty dollars ($50.00) and the renewal fee. The Board may
require all licensees to successfully attend and complete a course or courses
of occupational instruction funded, conducted or approved or sponsored by the
Board on an annual basis as a condition to any license renewal and evidence of
satisfactory attendance and completion of any such course or courses shall be
provided the Board by the licensee."
SECTION 8. G.S. 93D‑13 reads as rewritten:
"§ 93D‑13.
Discipline, suspension, revocation of licenses.licenses; records.
(a) The Board may in its discretion administer the punishment of private reprimand, suspension of license for a fixed period or revocation of license as the case may warrant in their judgment for any violation of the rules and regulations of the Board or for any of the following causes:
(1) Habitual drunkenness
(2) Gross incompetenceincompetence.
(3) Knowingly fitting and selling hearing aids while
suffering with a contagious or infectious diseaseInability to perform
functions for which the person is licensed or
substantial impairment of the person's ability to perform the functions for
which the person is licensed by reason of physical or mental disability.
(4) Commission of a criminal offense indicating
professional unfitnessunfitness.
(5) The use of a false name or alias in his business
or her business.
(6) Conduct involving willful deceitdeceit.
(7) Conduct involving fraud or any other business
conduct involving moral turpitudeturpitude.
(8) Advertising of a character or nature tending to
deceive or mislead the publicpublic.
(9) Advertising declared to be unethical by the Board or
prohibited by the code of ethics established by the BoardBoard.
(10) Permitting another person to use his license,
or her license.
(10a) Failure by a licensee to properly supervise an
apprentice under his supervision, and or her supervision.
(11) For violating any of the provisions of this Chapter.
(b) Board action in revoking or suspending a license
shall be in accordance with Chapter 150B of the General Statutes. Any person
whose license has been suspended for any of the grounds or reasons herein set
forth, may, after the expiration of 90 days but within two years, apply to the
Board to have the same reissued; upon a showing satisfactory to the Board that such
reissuance will not endanger the public health and welfare, the Board may
reissue a license to such person for a fee set by the Board, not to exceed two
hundred dollars ($200.00). If application is made subsequent to two years from
date of suspension, reissuance shall be in accordance with the provisions of G.S. 93D‑8.
(c) Records, papers, and other documents containing information collected or compiled by or on behalf of the Board as a result of an investigation, inquiry, or interview conducted in connection with registration, licensure, or a disciplinary matter shall not be considered a public record. However, information that identifies a consumer who has not consented to the public disclosure of services rendered to the consumer by a person registered or licensed under this Chapter shall be deleted from the public record. All other records, papers, and documents containing information collected or compiled by or on behalf of the Board shall be public records; provided, that any information that identifies a consumer who has not consented to the public disclosure of services rendered to the consumer is deleted."
SECTION 9. This act is effective when it becomes law.