IC 25-20-1
Chapter 1. Regulation of Hearing Aid Dealers; Creation of
Advisory Committee; Certificates
IC 25-20-1-1 Definitions
Sec. 1. Except as the context requires otherwise:
"Board" shall mean the medical licensing board.
"Committee" means the committee of hearing aid dealer
examiners.
"Hearing aid" shall mean any instrument or device worn on the
human body, designed for or represented as aiding, improving or
correcting defective human hearing, and any parts, attachments or
accessories of such an instrument or device.
"Fit hearing aids" shall mean the hearing aid dealer's or salesman's
evaluation or measurement of the powers or range of human hearing
for the subsequent selection or adaption or sale of hearing aids.
"Dispense hearing aids" shall mean the sale, lease or rental of a
hearing aid to anyone other than a hearing aid dealer.
"Hearing aid dealer" shall mean any person who fits or dispenses
hearing aids and who receives a commission or salary derived from
the sale of such devices or maintenance of such devices except any
person who serves said dealer only in an administrative or clerical
manner and who does not evaluate, fit or dispense hearing aids shall
be excluded.
"Audiologist" means an individual holding a license to practice
audiology issued under IC 25-35.6.
"Registration" shall refer to the legal privilege given a person who
holds a hearing aid dealer certificate of registration; and "Temporary
Registration" shall refer to the legal privilege given a person who
holds a temporary hearing aid dealer certificate of registration. (Formerly: Acts 1967, c.257, s.1.) As amended by Acts 1981,
P.L.222, SEC.142.
IC 25-20-1-1.5 Committee of hearing aid dealer examiners
Sec. 1.5. (a) There is established the committee of hearing aid
dealer examiners which consists of five (5) members all appointed by
the governor to a term of three (3) years. Three (3) members must be
hearing aid dealers licensed under this chapter, who are residents of
this state and who have been practicing as hearing aid dealers for at
least one (1) year prior to their appointment. One (1) member must
be an otolaryngologist in this state, who is a resident of this state and
who has been engaged in the practice of otolaryngology for at least
one (1) year prior to appointment to the committee. One (1) member
must be a resident of this state who is in no way associated with the
business of hearing aid dealers, audiology, or speech-language
pathology other than as a consumer. Whenever a vacancy occurs on
the committee, the governor shall appoint a successor to serve the
remainder of the term of the vacated member.
(b) Three (3) members present constitute a quorum.
(c) The members serve without compensation, except that each
member is entitled to the salary per diem as provided by
IC 4-10-11-2.1 and to reimbursement for travel, lodging, meals, and
other expenses as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency. As added by Acts 1981, P.L.222, SEC.143. Amended by Acts 1982,
P.L.113, SEC.54; P.L.149-1987, SEC.49.
IC 25-20-1-2 Necessity of certificate of registration
Sec. 2. (a) This section does not apply to:
(1) a person who is an audiologist licensed under IC 25-35.6; or
(2) the sale of hearing aid batteries or cords.
(b) It is unlawful for a person to fit or dispense hearing aids in
Indiana unless the person holds:
(1) a valid hearing aid dealer certificate of registration;
(2) a temporary hearing aid dealer certificate of registration; or
(3) a student hearing aid dealer certificate of registration;
issued by the board. (Formerly: Acts 1967, c.257, s.2.) As amended by P.L.236-1989,
SEC.1.
IC 25-20-1-3 Qualifications for certificate; examination
Sec. 3. The board shall issue a hearing aid dealer certificate of
registration to any person who makes application on forms provided
by the board if the board has determined to its satisfaction that the
applicant:
(1) is eighteen (18) years of age or older;
(2) if the applicant applies after June 29, 1992:
(A) is a high school graduate; or
(B) has a:
(i) high school equivalency certificate; or
(ii) state of Indiana general educational development
(GED) diploma issued under IC 20-20-6;
(3) has not been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the applicant's ability
to practice competently;
(4) has passed the examination prepared by the committee and
given by the board to determine that the applicant has the
qualifications to properly fit hearing aids; and
(5) held a student hearing aid dealer certificate of registration
issued under section 5 of this chapter at the time the applicant
applied for a hearing aid dealer certificate of registration. (Formerly: Acts 1967, c.257, s.3; Acts 1973, P.L.252, SEC.10.) As
amended by Acts 1978, P.L.2, SEC.2538; Acts 1981, P.L.222,
SEC.144; Acts 1982, P.L.113, SEC.55; P.L.152-1988, SEC.13;
P.L.186-1991, SEC.1; P.L.48-1991, SEC.33; P.L.149-1995, SEC.16;
P.L.1-2005, SEC.192.
IC 25-20-1-4
Repealed
(Repealed by P.L.157-2006, SEC.76.)
IC 25-20-1-5 Student hearing aid dealer certificates of registration
Sec. 5. The board shall issue student hearing aid dealer
certificates of registration subject to the conditions and criteria for
the granting of hearing aid dealer certificates of registration except
for the examination requirement. In addition to the above
requirements, a student registration certificate shall be issued only to
a student applicant who is employed or directly supervised in the
fitting of hearing aids by a registrant holding a valid registration.
The student hearing aid dealer certificate of registration shall set
forth the name of said dealer and said hearing aid dealer shall
execute an acknowledgment on the face of said certificate that he is
responsible for all acts of the student registrant in connection with
the fitting and dispensing of hearing aids.
Said student shall fit or dispense hearing aids only pursuant to the
direction of and under the supervision of said hearing aid dealer.
The student hearing aid dealer certificate of registration shall
expire one (1) year from the date of its issuance except that at the
discretion of the board the certificate may be reissued for one (1)
additional year only.
No hearing aid dealer licensed hereunder shall employ,
commission, engage or otherwise assume the responsibility for more
than three (3) student dealers at any one (1) time, unless approved in
writing by the board.
A student hearing aid dealer certificate of registration may be
cancelled upon the written request of the responsible hearing aid
dealer, acknowledged in writing by the board. (Formerly: Acts 1967, c.257, s.5.) As amended by Acts 1981,
P.L.222, SEC.145.
IC 25-20-1-6 Fees
Sec. 6. When a person applies for a hearing aid dealer certificate
of registration or a temporary hearing aid dealer certificate of
registration, the person shall be charged a nonrefundable fee
established by the board. (Formerly: Acts 1967, c.257, s.6.) As amended by Acts 1981, P.L.33,
SEC.30; P.L.48-1991, SEC.34. IC 25-20-1-7
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-8
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-9
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-10
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-11 Standards; examinations; rules
Sec. 11. (a) Standards for licensing shall be determined by the
board. The board may require that an applicant pass an examination
in order to demonstrate that the applicant is qualified to fit and
dispense hearing aids. An examination required under this section
may not be conducted in such a manner that college training is
required in order to pass the examination.
(b) Nothing in this section shall imply that the applicant shall
possess the degree of medical competence normally expected by
physicians.
(c) The committee shall propose rules to the board concerning the
competent practice of hearing aid dealing.
(d) The board shall adopt rules, based on the committee's
proposed rules, under IC 4-22-2 establishing standards for competent
practice as a hearing aid dealer. (Formerly: Acts 1967, c.257, s.11.) As amended by Acts 1981,
P.L.222, SEC.146; P.L.177-2009, SEC.36.
IC 25-20-1-12 Issuance of certificates of registration; expiration; renewal;
reinstatement
Sec. 12. (a) The committee shall issue hearing aid dealer
certificates of registration that expire biennially on the date
established by the licensing agency under IC 25-1-5-4. To renew a
hearing aid dealer certificate of registration, the holder of the
certificate must pay a renewal fee set by the committee on or before
the date established by the licensing agency.
(b) If the holder of a certificate does not renew the holder's
hearing aid dealer certificate of registration on or before the date
established by the licensing agency, the certificate expires without
any action taken by the board.
(c) A holder of a hearing aid dealer certificate of registration that
expires under this section may have the certificate reinstated by the
committee if, not later than three (3) years after the license expires,
the holder meets the requirements under IC 25-1-8-6(c).
(d) A person who applies for reinstatement of a certificate of
registration under this section more than three (3) years after the date
the registration expires and becomes invalid may apply for
reinstatement by meeting the requirements for reinstatement under
IC 25-1-8-6(d). (Formerly: Acts 1967, c.257, s.12.) As amended by Acts 1982,
P.L.154, SEC.78; P.L.48-1991, SEC.35; P.L.269-2001, SEC.15;
P.L.105-2008, SEC.36.
IC 25-20-1-13 Display of certificate
Sec. 13. Every registrant, temporary registrant and student
registrant shall conspicuously display his certificate of registration
as issued under this chapter in his principal place of business, if any. (Formerly: Acts 1967, c.257, s.13.) As amended by Acts 1982,
P.L.154, SEC.79.
IC 25-20-1-14 Change in place of business; notice; record
Sec. 14. (a) If the registrant or temporary registrant changes a
place of business of the registrant or temporary registrant, the
registrant or temporary registrant shall notify the board, in writing,
of the change of address within ten (10) days of the change. Failure
to notify the board in writing shall be grounds for suspension or
revocation of the registration.
(b) The board shall keep a record of all registrants and temporary
registrants containing each registrant's and temporary registrant's last
known addresses. (Formerly: Acts 1967, c.257, s.14.) As amended by P.L.48-1991,
SEC.36.
IC 25-20-1-15
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-16
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-17
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-17.1 Complaints; sanctions
Sec. 17.1. (a) A complaint against a person registered or
temporarily registered under this chapter is subject to IC 25-1-7.
(b) The board may impose sanctions under IC 25-1-9 against a
person registered or temporarily registered under this chapter.
(c) An action taken by the board under this section must be
approved by a majority of the quorum. As added by P.L.48-1991, SEC.37.
IC 25-20-1-18
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-19
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-20
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-21 Violations
Sec. 21. A person who violates this chapter commits a Class B
misdemeanor. (Formerly: Acts 1967, c.257, s.21.) As amended by Acts 1978, P.L.2,
SEC.2539.
IC 25-20-1-22
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-22.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-20-1-23 Rules and regulations
Sec. 23. The board may adopt and promulgate in the manner
prescribed by law, rules and regulations, and adopt application forms
and other forms and written materials as necessary in order for it to
carry out the provisions and legislative intent of this chapter. (Formerly: Acts 1967, c.257, s.23.) As amended by Acts 1981,
P.L.222, SEC.150.
IC 25-20-1-24
Repealed
(Repealed by Acts 1972, P.L.13, SEC.51.)
IC 25-20-1-25 Continuing education requirement
Sec. 25. (a) This section applies only to a registrant who has held
a certificate issued under this chapter for at least eighteen (18)
months.
(b) To renew a hearing aid dealer certificate of registration issued
under this chapter, a registrant must complete at least twenty (20)
hours of credit in continuing education courses.
(c) To satisfy the requirements of subsection (b), a registrant may
use only credit hours earned in continuing education courses
completed by the registrant:
(1) after the last date the registrant renewed a certificate under
this chapter; or
(2) if the registrant is renewing a certificate for the first time,
after the date the registrant was issued the certificate under this
chapter.
(d) A registrant may receive credit only for completing continuing
education courses that have been approved by the committee, the
American Speech-Language-Hearing Association, or the National
Institute for Hearing Instrument Studies.
(e) When a registrant renews a certificate issued under this
chapter, the registrant must comply with IC 25-1-4-3. As added by P.L.186-1991, SEC.2. Amended by P.L.269-2001,
SEC.16.
IC 25-20-1
Chapter 1. Regulation of Hearing Aid Dealers; Creation of
Advisory Committee; Certificates
IC 25-20-1-1 Definitions
Sec. 1. Except as the context requires otherwise:
"Board" shall mean the medical licensing board.
"Committee" means the committee of hearing aid dealer
examiners.
"Hearing aid" shall mean any instrument or device worn on the
human body, designed for or represented as aiding, improving or
correcting defective human hearing, and any parts, attachments or
accessories of such an instrument or device.
"Fit hearing aids" shall mean the hearing aid dealer's or salesman's
evaluation or measurement of the powers or range of human hearing
for the subsequent selection or adaption or sale of hearing aids.
"Dispense hearing aids" shall mean the sale, lease or rental of a
hearing aid to anyone other than a hearing aid dealer.
"Hearing aid dealer" shall mean any person who fits or dispenses
hearing aids and who receives a commission or salary derived from
the sale of such devices or maintenance of such devices except any
person who serves said dealer only in an administrative or clerical
manner and who does not evaluate, fit or dispense hearing aids shall
be excluded.
"Audiologist" means an individual holding a license to practice
audiology issued under IC 25-35.6.
"Registration" shall refer to the legal privilege given a person who
holds a hearing aid dealer certificate of registration; and "Temporary
Registration" shall refer to the legal privilege given a person who
holds a temporary hearing aid dealer certificate of registration. (Formerly: Acts 1967, c.257, s.1.) As amended by Acts 1981,
P.L.222, SEC.142.
IC 25-20-1-1.5 Committee of hearing aid dealer examiners
Sec. 1.5. (a) There is established the committee of hearing aid
dealer examiners which consists of five (5) members all appointed by
the governor to a term of three (3) years. Three (3) members must be
hearing aid dealers licensed under this chapter, who are residents of
this state and who have been practicing as hearing aid dealers for at
least one (1) year prior to their appointment. One (1) member must
be an otolaryngologist in this state, who is a resident of this state and
who has been engaged in the practice of otolaryngology for at least
one (1) year prior to appointment to the committee. One (1) member
must be a resident of this state who is in no way associated with the
business of hearing aid dealers, audiology, or speech-language
pathology other than as a consumer. Whenever a vacancy occurs on
the committee, the governor shall appoint a successor to serve the
remainder of the term of the vacated member.
(b) Three (3) members present constitute a quorum.
(c) The members serve without compensation, except that each
member is entitled to the salary per diem as provided by
IC 4-10-11-2.1 and to reimbursement for travel, lodging, meals, and
other expenses as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency. As added by Acts 1981, P.L.222, SEC.143. Amended by Acts 1982,
P.L.113, SEC.54; P.L.149-1987, SEC.49.
IC 25-20-1-2 Necessity of certificate of registration
Sec. 2. (a) This section does not apply to:
(1) a person who is an audiologist licensed under IC 25-35.6; or
(2) the sale of hearing aid batteries or cords.
(b) It is unlawful for a person to fit or dispense hearing aids in
Indiana unless the person holds:
(1) a valid hearing aid dealer certificate of registration;
(2) a temporary hearing aid dealer certificate of registration; or
(3) a student hearing aid dealer certificate of registration;
issued by the board. (Formerly: Acts 1967, c.257, s.2.) As amended by P.L.236-1989,
SEC.1.
IC 25-20-1-3 Qualifications for certificate; examination
Sec. 3. The board shall issue a hearing aid dealer certificate of
registration to any person who makes application on forms provided
by the board if the board has determined to its satisfaction that the
applicant:
(1) is eighteen (18) years of age or older;
(2) if the applicant applies after June 29, 1992:
(A) is a high school graduate; or
(B) has a:
(i) high school equivalency certificate; or
(ii) state of Indiana general educational development
(GED) diploma issued under IC 20-20-6;
(3) has not been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the applicant's ability
to practice competently;
(4) has passed the examination prepared by the committee and
given by the board to determine that the applicant has the
qualifications to properly fit hearing aids; and
(5) held a student hearing aid dealer certificate of registration
issued under section 5 of this chapter at the time the applicant
applied for a hearing aid dealer certificate of registration. (Formerly: Acts 1967, c.257, s.3; Acts 1973, P.L.252, SEC.10.) As
amended by Acts 1978, P.L.2, SEC.2538; Acts 1981, P.L.222,
SEC.144; Acts 1982, P.L.113, SEC.55; P.L.152-1988, SEC.13;
P.L.186-1991, SEC.1; P.L.48-1991, SEC.33; P.L.149-1995, SEC.16;
P.L.1-2005, SEC.192.
IC 25-20-1-4
Repealed
(Repealed by P.L.157-2006, SEC.76.)
IC 25-20-1-5 Student hearing aid dealer certificates of registration
Sec. 5. The board shall issue student hearing aid dealer
certificates of registration subject to the conditions and criteria for
the granting of hearing aid dealer certificates of registration except
for the examination requirement. In addition to the above
requirements, a student registration certificate shall be issued only to
a student applicant who is employed or directly supervised in the
fitting of hearing aids by a registrant holding a valid registration.
The student hearing aid dealer certificate of registration shall set
forth the name of said dealer and said hearing aid dealer shall
execute an acknowledgment on the face of said certificate that he is
responsible for all acts of the student registrant in connection with
the fitting and dispensing of hearing aids.
Said student shall fit or dispense hearing aids only pursuant to the
direction of and under the supervision of said hearing aid dealer.
The student hearing aid dealer certificate of registration shall
expire one (1) year from the date of its issuance except that at the
discretion of the board the certificate may be reissued for one (1)
additional year only.
No hearing aid dealer licensed hereunder shall employ,
commission, engage or otherwise assume the responsibility for more
than three (3) student dealers at any one (1) time, unless approved in
writing by the board.
A student hearing aid dealer certificate of registration may be
cancelled upon the written request of the responsible hearing aid
dealer, acknowledged in writing by the board. (Formerly: Acts 1967, c.257, s.5.) As amended by Acts 1981,
P.L.222, SEC.145.
IC 25-20-1-6 Fees
Sec. 6. When a person applies for a hearing aid dealer certificate
of registration or a temporary hearing aid dealer certificate of
registration, the person shall be charged a nonrefundable fee
established by the board. (Formerly: Acts 1967, c.257, s.6.) As amended by Acts 1981, P.L.33,
SEC.30; P.L.48-1991, SEC.34. IC 25-20-1-7
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-8
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-9
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-10
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-11 Standards; examinations; rules
Sec. 11. (a) Standards for licensing shall be determined by the
board. The board may require that an applicant pass an examination
in order to demonstrate that the applicant is qualified to fit and
dispense hearing aids. An examination required under this section
may not be conducted in such a manner that college training is
required in order to pass the examination.
(b) Nothing in this section shall imply that the applicant shall
possess the degree of medical competence normally expected by
physicians.
(c) The committee shall propose rules to the board concerning the
competent practice of hearing aid dealing.
(d) The board shall adopt rules, based on the committee's
proposed rules, under IC 4-22-2 establishing standards for competent
practice as a hearing aid dealer. (Formerly: Acts 1967, c.257, s.11.) As amended by Acts 1981,
P.L.222, SEC.146; P.L.177-2009, SEC.36.
IC 25-20-1-12 Issuance of certificates of registration; expiration; renewal;
reinstatement
Sec. 12. (a) The committee shall issue hearing aid dealer
certificates of registration that expire biennially on the date
established by the licensing agency under IC 25-1-5-4. To renew a
hearing aid dealer certificate of registration, the holder of the
certificate must pay a renewal fee set by the committee on or before
the date established by the licensing agency.
(b) If the holder of a certificate does not renew the holder's
hearing aid dealer certificate of registration on or before the date
established by the licensing agency, the certificate expires without
any action taken by the board.
(c) A holder of a hearing aid dealer certificate of registration that
expires under this section may have the certificate reinstated by the
committee if, not later than three (3) years after the license expires,
the holder meets the requirements under IC 25-1-8-6(c).
(d) A person who applies for reinstatement of a certificate of
registration under this section more than three (3) years after the date
the registration expires and becomes invalid may apply for
reinstatement by meeting the requirements for reinstatement under
IC 25-1-8-6(d). (Formerly: Acts 1967, c.257, s.12.) As amended by Acts 1982,
P.L.154, SEC.78; P.L.48-1991, SEC.35; P.L.269-2001, SEC.15;
P.L.105-2008, SEC.36.
IC 25-20-1-13 Display of certificate
Sec. 13. Every registrant, temporary registrant and student
registrant shall conspicuously display his certificate of registration
as issued under this chapter in his principal place of business, if any. (Formerly: Acts 1967, c.257, s.13.) As amended by Acts 1982,
P.L.154, SEC.79.
IC 25-20-1-14 Change in place of business; notice; record
Sec. 14. (a) If the registrant or temporary registrant changes a
place of business of the registrant or temporary registrant, the
registrant or temporary registrant shall notify the board, in writing,
of the change of address within ten (10) days of the change. Failure
to notify the board in writing shall be grounds for suspension or
revocation of the registration.
(b) The board shall keep a record of all registrants and temporary
registrants containing each registrant's and temporary registrant's last
known addresses. (Formerly: Acts 1967, c.257, s.14.) As amended by P.L.48-1991,
SEC.36.
IC 25-20-1-15
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-16
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-17
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-17.1 Complaints; sanctions
Sec. 17.1. (a) A complaint against a person registered or
temporarily registered under this chapter is subject to IC 25-1-7.
(b) The board may impose sanctions under IC 25-1-9 against a
person registered or temporarily registered under this chapter.
(c) An action taken by the board under this section must be
approved by a majority of the quorum. As added by P.L.48-1991, SEC.37.
IC 25-20-1-18
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-19
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-20
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-21 Violations
Sec. 21. A person who violates this chapter commits a Class B
misdemeanor. (Formerly: Acts 1967, c.257, s.21.) As amended by Acts 1978, P.L.2,
SEC.2539.
IC 25-20-1-22
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-22.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-20-1-23 Rules and regulations
Sec. 23. The board may adopt and promulgate in the manner
prescribed by law, rules and regulations, and adopt application forms
and other forms and written materials as necessary in order for it to
carry out the provisions and legislative intent of this chapter. (Formerly: Acts 1967, c.257, s.23.) As amended by Acts 1981,
P.L.222, SEC.150.
IC 25-20-1-24
Repealed
(Repealed by Acts 1972, P.L.13, SEC.51.)
IC 25-20-1-25 Continuing education requirement
Sec. 25. (a) This section applies only to a registrant who has held
a certificate issued under this chapter for at least eighteen (18)
months.
(b) To renew a hearing aid dealer certificate of registration issued
under this chapter, a registrant must complete at least twenty (20)
hours of credit in continuing education courses.
(c) To satisfy the requirements of subsection (b), a registrant may
use only credit hours earned in continuing education courses
completed by the registrant:
(1) after the last date the registrant renewed a certificate under
this chapter; or
(2) if the registrant is renewing a certificate for the first time,
after the date the registrant was issued the certificate under this
chapter.
(d) A registrant may receive credit only for completing continuing
education courses that have been approved by the committee, the
American Speech-Language-Hearing Association, or the National
Institute for Hearing Instrument Studies.
(e) When a registrant renews a certificate issued under this
chapter, the registrant must comply with IC 25-1-4-3. As added by P.L.186-1991, SEC.2. Amended by P.L.269-2001,
SEC.16.
IC 25-20-1
Chapter 1. Regulation of Hearing Aid Dealers; Creation of
Advisory Committee; Certificates
IC 25-20-1-1 Definitions
Sec. 1. Except as the context requires otherwise:
"Board" shall mean the medical licensing board.
"Committee" means the committee of hearing aid dealer
examiners.
"Hearing aid" shall mean any instrument or device worn on the
human body, designed for or represented as aiding, improving or
correcting defective human hearing, and any parts, attachments or
accessories of such an instrument or device.
"Fit hearing aids" shall mean the hearing aid dealer's or salesman's
evaluation or measurement of the powers or range of human hearing
for the subsequent selection or adaption or sale of hearing aids.
"Dispense hearing aids" shall mean the sale, lease or rental of a
hearing aid to anyone other than a hearing aid dealer.
"Hearing aid dealer" shall mean any person who fits or dispenses
hearing aids and who receives a commission or salary derived from
the sale of such devices or maintenance of such devices except any
person who serves said dealer only in an administrative or clerical
manner and who does not evaluate, fit or dispense hearing aids shall
be excluded.
"Audiologist" means an individual holding a license to practice
audiology issued under IC 25-35.6.
"Registration" shall refer to the legal privilege given a person who
holds a hearing aid dealer certificate of registration; and "Temporary
Registration" shall refer to the legal privilege given a person who
holds a temporary hearing aid dealer certificate of registration. (Formerly: Acts 1967, c.257, s.1.) As amended by Acts 1981,
P.L.222, SEC.142.
IC 25-20-1-1.5 Committee of hearing aid dealer examiners
Sec. 1.5. (a) There is established the committee of hearing aid
dealer examiners which consists of five (5) members all appointed by
the governor to a term of three (3) years. Three (3) members must be
hearing aid dealers licensed under this chapter, who are residents of
this state and who have been practicing as hearing aid dealers for at
least one (1) year prior to their appointment. One (1) member must
be an otolaryngologist in this state, who is a resident of this state and
who has been engaged in the practice of otolaryngology for at least
one (1) year prior to appointment to the committee. One (1) member
must be a resident of this state who is in no way associated with the
business of hearing aid dealers, audiology, or speech-language
pathology other than as a consumer. Whenever a vacancy occurs on
the committee, the governor shall appoint a successor to serve the
remainder of the term of the vacated member.
(b) Three (3) members present constitute a quorum.
(c) The members serve without compensation, except that each
member is entitled to the salary per diem as provided by
IC 4-10-11-2.1 and to reimbursement for travel, lodging, meals, and
other expenses as provided in the state travel policies and procedures
established by the department of administration and approved by the
state budget agency. As added by Acts 1981, P.L.222, SEC.143. Amended by Acts 1982,
P.L.113, SEC.54; P.L.149-1987, SEC.49.
IC 25-20-1-2 Necessity of certificate of registration
Sec. 2. (a) This section does not apply to:
(1) a person who is an audiologist licensed under IC 25-35.6; or
(2) the sale of hearing aid batteries or cords.
(b) It is unlawful for a person to fit or dispense hearing aids in
Indiana unless the person holds:
(1) a valid hearing aid dealer certificate of registration;
(2) a temporary hearing aid dealer certificate of registration; or
(3) a student hearing aid dealer certificate of registration;
issued by the board. (Formerly: Acts 1967, c.257, s.2.) As amended by P.L.236-1989,
SEC.1.
IC 25-20-1-3 Qualifications for certificate; examination
Sec. 3. The board shall issue a hearing aid dealer certificate of
registration to any person who makes application on forms provided
by the board if the board has determined to its satisfaction that the
applicant:
(1) is eighteen (18) years of age or older;
(2) if the applicant applies after June 29, 1992:
(A) is a high school graduate; or
(B) has a:
(i) high school equivalency certificate; or
(ii) state of Indiana general educational development
(GED) diploma issued under IC 20-20-6;
(3) has not been convicted of:
(A) an act which would constitute a ground for disciplinary
sanction under IC 25-1-9; or
(B) a crime that has a direct bearing on the applicant's ability
to practice competently;
(4) has passed the examination prepared by the committee and
given by the board to determine that the applicant has the
qualifications to properly fit hearing aids; and
(5) held a student hearing aid dealer certificate of registration
issued under section 5 of this chapter at the time the applicant
applied for a hearing aid dealer certificate of registration. (Formerly: Acts 1967, c.257, s.3; Acts 1973, P.L.252, SEC.10.) As
amended by Acts 1978, P.L.2, SEC.2538; Acts 1981, P.L.222,
SEC.144; Acts 1982, P.L.113, SEC.55; P.L.152-1988, SEC.13;
P.L.186-1991, SEC.1; P.L.48-1991, SEC.33; P.L.149-1995, SEC.16;
P.L.1-2005, SEC.192.
IC 25-20-1-4
Repealed
(Repealed by P.L.157-2006, SEC.76.)
IC 25-20-1-5 Student hearing aid dealer certificates of registration
Sec. 5. The board shall issue student hearing aid dealer
certificates of registration subject to the conditions and criteria for
the granting of hearing aid dealer certificates of registration except
for the examination requirement. In addition to the above
requirements, a student registration certificate shall be issued only to
a student applicant who is employed or directly supervised in the
fitting of hearing aids by a registrant holding a valid registration.
The student hearing aid dealer certificate of registration shall set
forth the name of said dealer and said hearing aid dealer shall
execute an acknowledgment on the face of said certificate that he is
responsible for all acts of the student registrant in connection with
the fitting and dispensing of hearing aids.
Said student shall fit or dispense hearing aids only pursuant to the
direction of and under the supervision of said hearing aid dealer.
The student hearing aid dealer certificate of registration shall
expire one (1) year from the date of its issuance except that at the
discretion of the board the certificate may be reissued for one (1)
additional year only.
No hearing aid dealer licensed hereunder shall employ,
commission, engage or otherwise assume the responsibility for more
than three (3) student dealers at any one (1) time, unless approved in
writing by the board.
A student hearing aid dealer certificate of registration may be
cancelled upon the written request of the responsible hearing aid
dealer, acknowledged in writing by the board. (Formerly: Acts 1967, c.257, s.5.) As amended by Acts 1981,
P.L.222, SEC.145.
IC 25-20-1-6 Fees
Sec. 6. When a person applies for a hearing aid dealer certificate
of registration or a temporary hearing aid dealer certificate of
registration, the person shall be charged a nonrefundable fee
established by the board. (Formerly: Acts 1967, c.257, s.6.) As amended by Acts 1981, P.L.33,
SEC.30; P.L.48-1991, SEC.34. IC 25-20-1-7
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-8
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-9
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-10
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-11 Standards; examinations; rules
Sec. 11. (a) Standards for licensing shall be determined by the
board. The board may require that an applicant pass an examination
in order to demonstrate that the applicant is qualified to fit and
dispense hearing aids. An examination required under this section
may not be conducted in such a manner that college training is
required in order to pass the examination.
(b) Nothing in this section shall imply that the applicant shall
possess the degree of medical competence normally expected by
physicians.
(c) The committee shall propose rules to the board concerning the
competent practice of hearing aid dealing.
(d) The board shall adopt rules, based on the committee's
proposed rules, under IC 4-22-2 establishing standards for competent
practice as a hearing aid dealer. (Formerly: Acts 1967, c.257, s.11.) As amended by Acts 1981,
P.L.222, SEC.146; P.L.177-2009, SEC.36.
IC 25-20-1-12 Issuance of certificates of registration; expiration; renewal;
reinstatement
Sec. 12. (a) The committee shall issue hearing aid dealer
certificates of registration that expire biennially on the date
established by the licensing agency under IC 25-1-5-4. To renew a
hearing aid dealer certificate of registration, the holder of the
certificate must pay a renewal fee set by the committee on or before
the date established by the licensing agency.
(b) If the holder of a certificate does not renew the holder's
hearing aid dealer certificate of registration on or before the date
established by the licensing agency, the certificate expires without
any action taken by the board.
(c) A holder of a hearing aid dealer certificate of registration that
expires under this section may have the certificate reinstated by the
committee if, not later than three (3) years after the license expires,
the holder meets the requirements under IC 25-1-8-6(c).
(d) A person who applies for reinstatement of a certificate of
registration under this section more than three (3) years after the date
the registration expires and becomes invalid may apply for
reinstatement by meeting the requirements for reinstatement under
IC 25-1-8-6(d). (Formerly: Acts 1967, c.257, s.12.) As amended by Acts 1982,
P.L.154, SEC.78; P.L.48-1991, SEC.35; P.L.269-2001, SEC.15;
P.L.105-2008, SEC.36.
IC 25-20-1-13 Display of certificate
Sec. 13. Every registrant, temporary registrant and student
registrant shall conspicuously display his certificate of registration
as issued under this chapter in his principal place of business, if any. (Formerly: Acts 1967, c.257, s.13.) As amended by Acts 1982,
P.L.154, SEC.79.
IC 25-20-1-14 Change in place of business; notice; record
Sec. 14. (a) If the registrant or temporary registrant changes a
place of business of the registrant or temporary registrant, the
registrant or temporary registrant shall notify the board, in writing,
of the change of address within ten (10) days of the change. Failure
to notify the board in writing shall be grounds for suspension or
revocation of the registration.
(b) The board shall keep a record of all registrants and temporary
registrants containing each registrant's and temporary registrant's last
known addresses. (Formerly: Acts 1967, c.257, s.14.) As amended by P.L.48-1991,
SEC.36.
IC 25-20-1-15
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-16
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-17
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-17.1 Complaints; sanctions
Sec. 17.1. (a) A complaint against a person registered or
temporarily registered under this chapter is subject to IC 25-1-7.
(b) The board may impose sanctions under IC 25-1-9 against a
person registered or temporarily registered under this chapter.
(c) An action taken by the board under this section must be
approved by a majority of the quorum. As added by P.L.48-1991, SEC.37.
IC 25-20-1-18
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-19
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-20
Repealed
(Repealed by P.L.48-1991, SEC.78.)
IC 25-20-1-21 Violations
Sec. 21. A person who violates this chapter commits a Class B
misdemeanor. (Formerly: Acts 1967, c.257, s.21.) As amended by Acts 1978, P.L.2,
SEC.2539.
IC 25-20-1-22
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-20-1-22.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-20-1-23 Rules and regulations
Sec. 23. The board may adopt and promulgate in the manner
prescribed by law, rules and regulations, and adopt application forms
and other forms and written materials as necessary in order for it to
carry out the provisions and legislative intent of this chapter. (Formerly: Acts 1967, c.257, s.23.) As amended by Acts 1981,
P.L.222, SEC.150.
IC 25-20-1-24
Repealed
(Repealed by Acts 1972, P.L.13, SEC.51.)
IC 25-20-1-25 Continuing education requirement
Sec. 25. (a) This section applies only to a registrant who has held
a certificate issued under this chapter for at least eighteen (18)
months.
(b) To renew a hearing aid dealer certificate of registration issued
under this chapter, a registrant must complete at least twenty (20)
hours of credit in continuing education courses.
(c) To satisfy the requirements of subsection (b), a registrant may
use only credit hours earned in continuing education courses
completed by the registrant:
(1) after the last date the registrant renewed a certificate under
this chapter; or
(2) if the registrant is renewing a certificate for the first time,
after the date the registrant was issued the certificate under this
chapter.
(d) A registrant may receive credit only for completing continuing
education courses that have been approved by the committee, the
American Speech-Language-Hearing Association, or the National
Institute for Hearing Instrument Studies.
(e) When a registrant renews a certificate issued under this
chapter, the registrant must comply with IC 25-1-4-3. As added by P.L.186-1991, SEC.2. Amended by P.L.269-2001,
SEC.16.
