CHAPTER 43-33HEARING AID DEALERS43-33-01. Definitions. As used in this chapter, unless the context requires otherwise:1."Board" means the board of hearing aid specialists.2."Hearing aid" or "hearing instrument" means 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 earmold, but excluding batteries, cords, and earmold tubing.3."License" means a license issued under this chapter to a hearing aid specialist.4."Licensee" means a hearing aid specialist licensed under this chapter.5."Practice of fitting and dispensing hearing instruments" means the measurement of human hearing to determine hearing loss by means of an audiometer or by any means solely for the purpose of making selections, adaptations, repairs, or sale of hearing instruments.The term also includes the making of impressions forearmolds.A licensee, at the request of a physician or member of relatedprofessions, may make audiograms for the professional's use in consultation with the hard-of-hearing.6."Sell" or "sale" includes a transfer of title or of the right to use by lease, bailment, or any other contract. This excludes wholesale to distributors or dispensers.7."Trainee permit" means a temporary permit issued while an applicant is in training to become a licensee.43-33-02. License required to sell or fit hearing instruments.1.A person may not engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent that that person practices the fitting and sale of hearing instruments unless that person holds an unsuspended, unrevoked license issued by the board as provided in this chapter. The license must be conspicuously posted in the licensee's office or place of business.Duplicatelicenses must be issued by the board to valid licenseholders operating more than one office for a fee determined by the board. A license confers upon the holder the right to select, fit, and sell hearing instruments, and the right to conduct any necessary hearing testing incident to the selecting, fitting, and selling of hearing instruments.2.This chapter does not prohibit a person maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license if that person employs only properly licensed individuals in the direct sale and fitting of such products. Such persons shall file annually with the board a list of all licensees directly or indirectly employed by it. Those persons shall also file with the board a statement on a form approved by the board that they submit themselves to the rules of the board and the provisions of this chapter.43-33-02.1. Conviction not bar to licensure - Exceptions. Conviction of an offensedoes not disqualify a person from licensure under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a hearing aid specialist, or determines that, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.Page No. 143-33-03.Receipt required to be furnished to a person supplied with hearinginstruments.1.Any person who practices the fitting and sale of hearing instruments shall deliver to each person supplied with a hearing instrument a receipt that contains the licensee's signature, the licensee's business address, the number of the licensee's certificate, the make and model of the hearing instrument furnished, and the full terms of the sale.If an instrument that is not new is sold, the receipt and the instrument'scontainer must be clearly marked as "used" or "reconditioned" whichever is applicable, with the terms of guarantee, if any.2.The receipt must bear in no smaller type than the largest used in the body copy portion the following: Any examination or representation made by a licensed hearing aid specialist in connection with the fitting and selling of this hearing instrument 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.43-33-04.Persons and practices not affected.This chapter does not prevent orrestrict:1.A person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments if the person or organization employing that person does not sell hearing instruments.2.A person employed as a hearing aid specialist by the federal government from engaging in the practice of fitting and dispensing hearing instruments if the person performs the practice solely within the confines or under the jurisdiction of the government of the United States.3.Activities and services of a person pursuing a course of study leading to a graduate degree in audiology at a college or university if the activities or services are under the direct supervision of a licensee, constitute a part of a supervised course of study, and the person is designated an audiology intern or trainee or by another title clearly indicating the training status appropriate to the level of training.43-33-05. License by experience. Repealed by S.L. 1991, ch. 474,
CHAPTER 43-33HEARING AID DEALERS43-33-01. Definitions. As used in this chapter, unless the context requires otherwise:1."Board" means the board of hearing aid specialists.2."Hearing aid" or "hearing instrument" means 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 earmold, but excluding batteries, cords, and earmold tubing.3."License" means a license issued under this chapter to a hearing aid specialist.4."Licensee" means a hearing aid specialist licensed under this chapter.5."Practice of fitting and dispensing hearing instruments" means the measurement of human hearing to determine hearing loss by means of an audiometer or by any means solely for the purpose of making selections, adaptations, repairs, or sale of hearing instruments.The term also includes the making of impressions forearmolds.A licensee, at the request of a physician or member of relatedprofessions, may make audiograms for the professional's use in consultation with the hard-of-hearing.6."Sell" or "sale" includes a transfer of title or of the right to use by lease, bailment, or any other contract. This excludes wholesale to distributors or dispensers.7."Trainee permit" means a temporary permit issued while an applicant is in training to become a licensee.43-33-02. License required to sell or fit hearing instruments.1.A person may not engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent that that person practices the fitting and sale of hearing instruments unless that person holds an unsuspended, unrevoked license issued by the board as provided in this chapter. The license must be conspicuously posted in the licensee's office or place of business.Duplicatelicenses must be issued by the board to valid licenseholders operating more than one office for a fee determined by the board. A license confers upon the holder the right to select, fit, and sell hearing instruments, and the right to conduct any necessary hearing testing incident to the selecting, fitting, and selling of hearing instruments.2.This chapter does not prohibit a person maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license if that person employs only properly licensed individuals in the direct sale and fitting of such products. Such persons shall file annually with the board a list of all licensees directly or indirectly employed by it. Those persons shall also file with the board a statement on a form approved by the board that they submit themselves to the rules of the board and the provisions of this chapter.43-33-02.1. Conviction not bar to licensure - Exceptions. Conviction of an offensedoes not disqualify a person from licensure under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a hearing aid specialist, or determines that, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.Page No. 143-33-03.Receipt required to be furnished to a person supplied with hearinginstruments.1.Any person who practices the fitting and sale of hearing instruments shall deliver to each person supplied with a hearing instrument a receipt that contains the licensee's signature, the licensee's business address, the number of the licensee's certificate, the make and model of the hearing instrument furnished, and the full terms of the sale.If an instrument that is not new is sold, the receipt and the instrument'scontainer must be clearly marked as "used" or "reconditioned" whichever is applicable, with the terms of guarantee, if any.2.The receipt must bear in no smaller type than the largest used in the body copy portion the following: Any examination or representation made by a licensed hearing aid specialist in connection with the fitting and selling of this hearing instrument 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.43-33-04.Persons and practices not affected.This chapter does not prevent orrestrict:1.A person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments if the person or organization employing that person does not sell hearing instruments.2.A person employed as a hearing aid specialist by the federal government from engaging in the practice of fitting and dispensing hearing instruments if the person performs the practice solely within the confines or under the jurisdiction of the government of the United States.3.Activities and services of a person pursuing a course of study leading to a graduate degree in audiology at a college or university if the activities or services are under the direct supervision of a licensee, constitute a part of a supervised course of study, and the person is designated an audiology intern or trainee or by another title clearly indicating the training status appropriate to the level of training.43-33-05. License by experience. Repealed by S.L. 1991, ch. 474,
CHAPTER 43-33HEARING AID DEALERS43-33-01. Definitions. As used in this chapter, unless the context requires otherwise:1."Board" means the board of hearing aid specialists.2."Hearing aid" or "hearing instrument" means 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 earmold, but excluding batteries, cords, and earmold tubing.3."License" means a license issued under this chapter to a hearing aid specialist.4."Licensee" means a hearing aid specialist licensed under this chapter.5."Practice of fitting and dispensing hearing instruments" means the measurement of human hearing to determine hearing loss by means of an audiometer or by any means solely for the purpose of making selections, adaptations, repairs, or sale of hearing instruments.The term also includes the making of impressions forearmolds.A licensee, at the request of a physician or member of relatedprofessions, may make audiograms for the professional's use in consultation with the hard-of-hearing.6."Sell" or "sale" includes a transfer of title or of the right to use by lease, bailment, or any other contract. This excludes wholesale to distributors or dispensers.7."Trainee permit" means a temporary permit issued while an applicant is in training to become a licensee.43-33-02. License required to sell or fit hearing instruments.1.A person may not engage in the sale of or practice of fitting hearing instruments or display a sign or in any other way advertise or represent that that person practices the fitting and sale of hearing instruments unless that person holds an unsuspended, unrevoked license issued by the board as provided in this chapter. The license must be conspicuously posted in the licensee's office or place of business.Duplicatelicenses must be issued by the board to valid licenseholders operating more than one office for a fee determined by the board. A license confers upon the holder the right to select, fit, and sell hearing instruments, and the right to conduct any necessary hearing testing incident to the selecting, fitting, and selling of hearing instruments.2.This chapter does not prohibit a person maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license if that person employs only properly licensed individuals in the direct sale and fitting of such products. Such persons shall file annually with the board a list of all licensees directly or indirectly employed by it. Those persons shall also file with the board a statement on a form approved by the board that they submit themselves to the rules of the board and the provisions of this chapter.43-33-02.1. Conviction not bar to licensure - Exceptions. Conviction of an offensedoes not disqualify a person from licensure under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a hearing aid specialist, or determines that, following conviction of any offense, the person is not sufficiently rehabilitated under section 12.1-33-02.1.Page No. 143-33-03.Receipt required to be furnished to a person supplied with hearinginstruments.1.Any person who practices the fitting and sale of hearing instruments shall deliver to each person supplied with a hearing instrument a receipt that contains the licensee's signature, the licensee's business address, the number of the licensee's certificate, the make and model of the hearing instrument furnished, and the full terms of the sale.If an instrument that is not new is sold, the receipt and the instrument'scontainer must be clearly marked as "used" or "reconditioned" whichever is applicable, with the terms of guarantee, if any.2.The receipt must bear in no smaller type than the largest used in the body copy portion the following: Any examination or representation made by a licensed hearing aid specialist in connection with the fitting and selling of this hearing instrument 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.43-33-04.Persons and practices not affected.This chapter does not prevent orrestrict:1.A person from engaging in the practice of measuring human hearing for the purpose of selection of hearing instruments if the person or organization employing that person does not sell hearing instruments.2.A person employed as a hearing aid specialist by the federal government from engaging in the practice of fitting and dispensing hearing instruments if the person performs the practice solely within the confines or under the jurisdiction of the government of the United States.3.Activities and services of a person pursuing a course of study leading to a graduate degree in audiology at a college or university if the activities or services are under the direct supervision of a licensee, constitute a part of a supervised course of study, and the person is designated an audiology intern or trainee or by another title clearly indicating the training status appropriate to the level of training.43-33-05. License by experience. Repealed by S.L. 1991, ch. 474,