3300-3322
BUSINESS AND PROFESSIONS CODE
SECTION 3300-3322
3300. For the purposes of this chapter, the following definitions shall apply: (a) "Person" includes any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. (b) "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. (c) "Board" means the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. (d) "License" means a hearing aid dispenser's license issued pursuant to this chapter and includes a temporary license. (e) "Licensee" means a person holding a license. (f) "Hearing aid" means any wearable instrument or device designed for, or offered for the purpose of, aiding or compensating for impaired human hearing. (g) "Fund" means the Speech-Language Pathology and Audiology Fund. (h) "Account" means the Hearing Aid Dispensers Account of the Speech-Language Pathology and Audiology Fund. As used in this chapter or any other provision of law, "Hearing Aid Dispensers Fund" shall be deemed to refer to the Hearing Aid Dispensers Account of the Speech-Language Pathology and Audiology Fund. 3306. (a) "Practice of fitting or selling hearing aids," as used in this chapter, 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) 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) Hearing tests conducted pursuant to this chapter 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. 3306.3. 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. 3306.5. 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. 3307. "Hearing aid dispenser," as used in this chapter, means a person engaged in the practice of fitting or selling hearing aids to an individual with impaired hearing. 3308. "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. 3310. This chapter shall be known and may be cited as the Hearing Aid Dispensers Licensing Law. 3320. (a) The duties, powers, purposes, responsibilities, and jurisdiction of the Hearing Aid Dispensers Bureau within the Department of Consumer Affairs are hereby transferred to the Speech-Language Pathology and Audiology Board. (b) Any reference to the bureau in this chapter and its regulations, and elsewhere, shall be construed as a reference to the board. (c) In the performance of the duties and the exercise of the powers vested in the board under this chapter, the board may consult with industry representatives. (d) For the performance of the duties and the exercise of the powers vested in the board under this chapter, the board shall have possession and control of all records, papers, offices, equipment, supplies, or other property, real or personal, held for the benefit or use by the former Hearing Aid Dispensers Bureau. (e) All regulations in Division 13.3 (commencing with Section 1399.100) of Title 16 of the California Code of Regulations are continued in existence under the administration of the board. 3320.1. Protection of the public shall be the highest priority for the board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. 3322. (a) The duty of administering and enforcing this chapter is vested in the board. (b) The board is vested with the duties, powers, purposes, responsibilities, and jurisdiction granted under this chapter and under Chapter 5.3 (commencing with Section 2530).