§451A-14.1  Requirement of authorization
from physician or otorhinolaryngologist; authorization records.  (a)  No
person engaged in the fitting and selling of hearing aids shall sell, barter,
offer to sell or otherwise knowingly establish a commercial relationship with a
potential purchaser without first obtaining and maintaining in the dealer's
possession written authorization by a physician that the purchaser or potential
purchaser has been examined by the physician and that the physician has
prescribed or approved a hearing device; provided that in the case of a child
ten years of age or under, the written authorization must be by an
otorhinolaryngologist.



(b)  For the purposes of subsection (a) the
written authorization must be signed by the physician or otorhinolaryngologist
within six months prior to the date of sale, barter, offer, or commencement of
a commercial relationship; provided that the six-month limit shall not apply if
the written authorization of the physician or otorhinolaryngologist states that
a return visit of the patient is not necessary for subsequent purchases of a
hearing device.



(c)  For the purposes of subsection (a), the
hearing aid dealer and fitter may offer persons eighteen years of age or older
an opportunity to waive the requirement of a medical examination if the hearing
aid dealer and fitter:



(1)  Informs the prospective user that the exercise of
the waiver is not in the user's best health interest;



(2)  Does not in any way actively encourage the
prospective user to waive the medical examination; and



(3)  Affords the prospective user the opportunity to
sign the following statement:



 



"I have been advised by
__________________ (hearing aid dealer and fitter's name) that the Director of
Commerce and Consumer Affairs has determined that my best health interest would
be served if I had a medical examination by a physician (preferably a physician
who specializes in diseases of the ear) before purchasing a hearing aid.  I do
not wish a medical examination before purchasing a hearing aid."



 



(d)  Every hearing aid dealer and fitter
licensed pursuant to this chapter shall keep a suitable book or file, or a
microfilm of the book or file, in which shall be preserved, for a period of not
less than five years, every authorization by physicians or
otorhinolaryngologists received pursuant to this section and every statement
executed in accordance with subsection (c)(3).  The book, file, or microfilm of
the authorizations and statements shall at all times be open to inspection by
the director and other law enforcement agencies. [L 1974, c 167, §3; gen ch
1985; am L 1986, c 277, §1; am L 1997, c 88, §11]