As used in this chapter, the term --
(1) “audiologist” means any person who has at least a master's degree in audiology and meets the requirements of the American Speech-Language-Hearing Association Certificate of clinical competence or the equivalent in the determination of the Board of Medicine. The title “audiologist” shall not be used singly or in combination with other words unless the person using the title holds the appropriate certification from the American Speech-Language-Hearing Association.
(2) “fitting and selling of hearing aids” means those practices used for the purpose of making selection, adaptation or sale of hearing aids.
(3) “hearing aid” means any wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories of that wearable instrument, excluding batteries, cords or earmolds.
(4) “hearing test evaluation” means a written statement, based on testing conducted by an audiologist, otolaryngologist, or a medical technician directly supervised by an otolaryngologist. The statement shall include the following information:
(A) the ear or ears to be fitted;
(B) the type of earmold;
(C) the gain (amplification) of the hearing aid;
(D) the minimum and maximum power output of a hearing aid;
(E) the frequency response of the hearing aid;
(F) the results of pure tone and speech audiometry; and
(G) the date of the hearing test.
This shall not prevent an audiologist or otolaryngologist from recommending a specific make and model of hearing aid.
(5) “medical clearance” means a written statement based upon a medical examination by an otolaryngologist, that concludes that the patient may benefit from a hearing aid and that there are no medical conditions to contraindicate the use of a hearing aid. The statement must include the date of the medical examination.
(6) “Office” means the Office of Consumer Protection of the District of Columbia.
(7) “otolaryngologist” means a physician licensed in the District of Columbia who specializes in medical problems of the ear, nose, and throat.
(8) “person” means any individual, partnership, association, organization, or corporation.
(9) “registrant” means a hearing aid dispenser, audiologist, or otolaryngologist who engages in the practice of fitting and selling hearing aids and who has registered pursuant to section § 28-4003.
(10) “sell” or “sale” means any transfer of title or of the right of use by sale, conditional sales contract, lease, bailment, hire-purchase, or any other means, excluding wholesale transactions of dealers and distributors.
(11) “telephone option” means an option available on hearing aids which enables the wearer to hear the electrical signal on the telephone line rather than the acoustic signal produced by the telephone.
(12) “used hearing aid” means a hearing aid which has been worn for any period of time by a buyer or potential buyer.
(13) “hearing aid dispenser” means a person who is at least 18 years of age, has a high school diploma or the equivalent, and has received a certificate of competence from the National Hearing Aid Society or another recognized national organization approved by the Department of Consumer and Regulatory Affairs.
CREDIT(S)
(Oct. 26, 1977, D.C. Law 2-33, § 2, 24 DCR 3726; enacted, Sept. 6, 1980, D.C. Law 3-85, § 3(b), (e), 27 DCR 2900; Dec. 10, 1987, D.C. Law 7-46, § 2(a), 34 DCR 6847; Apr. 9, 1997, D.C. Law 11-255, § 27(aa), 44 DCR 1271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 28-4001.
1973 Ed., T. 28, Appx., § 52.
Legislative History of Laws
Law 2-33, the “Hearing Aid Dealers and Consumer Act of 1977,” was introduced in Council and assigned Bill No. 2-39, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on July 12, 1977 and July 26, 1977, respectively. Signed by the Mayor on August 17, 1977, it was assigned Act No. 2-79 and transmitted to both Houses of Congress for its review.
Law 3-85, the “Enacted Titles Numbering and Amendment Act of 1980,” was introduced in Council and assigned Bill No. 3-296, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 20, 1980 and June 3, 1980, respectively. Signed by the Mayor on June 20, 1980, it was assigned Act No. 3-202 and transmitted to both Houses of Congress for its review.
Law 7-46, the “Hearing Aid Dealers and Consumers Act of 1977 Amendment Act of 1987,” was introduced in Council and assigned Bill No. 7-51, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on July 14, 1987, and September 29, 1987, respectively. Signed by the Mayor on October 16, 1987, it was assigned Act No. 7-79 and transmitted to both Houses of Congress for its review.
Law 11-255, the “Second Technical Amendments Act of 1996,” was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.