State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter35

CHAPTER 35 - HEARING AID SPECIALIST LICENSURE

 

33-35-101. Short title.

 

Thisact shall be known as the "Hearing Aid Specialist Licensure Act".

 

33-35-102. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the board of hearing aidspecialists;

 

(ii) "Hearing aid" means any instrument or devicedesigned to be worn on the person for the purpose of aiding or compensating forimpaired human hearing and any parts, attachments or accessories, including anearmold, but excluding batteries and cords;

 

(iii) "Hearing aid specialist" or "hearing aiddealer" means a person who specializes in either the fitting, dealing ordispensing of hearing aids; the hearing aid dealer is synonymous to a hearingaid specialist;

 

(iv) "Permittee" means a person who is in training orawaiting examination to become a licensed hearing aid specialist;

 

(v) "Practice of either dispensing or fitting hearingaids" means the commercial or noncommercial selection, adaptation and saleof hearing aids, and includes the testing of hearing for these purposes. Thetesting of hearing shall include the test whether or not a hearing aid shall berecommended as needed. The practice also includes the making of impressions forearmolds and counseling and instruction pertaining to the selection, fitting,adaptation or sale of hearing aids;

 

(vi) "Sell" or "sale" means any transfer oftitle or of the right to use by lease, bailment or any other means, excludingwholesale transactions with distributors or dealers;

 

(vii) "Temporary permit" means a permit issued whilethe applicant is in training or awaiting examination to become a licensedhearing aid specialist;

 

(viii) "This act" means W.S. 33-35-101 through33-35-121.

 

33-35-103. License required to sell, dispense or fit hearing aids.

 

 

(a) After July 1, 1977 anyone involved in either the direct orindirect sale or distribution of hearing aids shall be licensed under this act.The license shall be conspicuously posted in the licensee's office or place ofbusiness. Duplicate licenses shall be issued by the board to valid licenseholders operating more than one (1) office, without additional payment. Alicense under this act confers upon the holder the right to select, fit or sellhearing aids.

 

(b) Nothing in this act prohibits a corporation, partnership,trust, association or like organization maintaining an established businessaddress from engaging in the business of fitting, dispensing, selling oroffering for sale hearing aids at retail without a license, if it employs onlyproperly licensed persons in the direct sale or fitting of such products. Suchcorporations, partnerships, trusts, associations or like organizations shallfile annually with the board a list of all licensed hearing aid specialistsdirectly or indirectly employed by it.

 

33-35-104. Receipt required to be furnished to person supplied withhearing aid.

 

 

(a) Any person who fits, dispenses or sells hearing aids shalldeliver to each person supplied with a hearing aid a receipt containing thelicensee's signature, his business address and the number of his certificate,together with specifications as to the make, model and serial number of thehearing aid furnished and full terms of sale clearly stated. If a hearing aidwhich is not new is sold, the receipt and the container shall be clearly marked"used" or "reconditioned", whichever is applicable, and thereceipt shall state any terms of guarantee.

 

(b) This receipt shall bear in no smaller type than the largestused in the body copy portion the following: "The purchaser has beenadvised that any examination or representations made by a licensed hearing aidspecialist in connection with either the fitting or selling of this hearing aidis not an examination, diagnosis or prescription by a person licensed topractice medicine in this state and shall not be regarded as medicalopinion."

 

33-35-105. Criteria for medical referral.

 

 

(a) Wherever any of the following conditions are found to existeither from observations by the licensee or permittee [or] on the basis of informationfurnished by the prospective hearing aid user, a licensee or permittee shall,prior to either fitting, dispensing or selling a hearing aid, recommend inwriting that the prospective user's best interest would be served if he wouldconsult a licensed physician specializing in diseases of the ear or, if no suchspecialist is available in the community, any licensed physician:

 

(i) Visible congenital or traumatic deformity of the ear;

 

(ii) History of or active drainage from the ear within the previousninety (90) days;

 

(iii) History of sudden or rapidly progressive hearing losswithin the previous ninety (90) days;

 

(iv) Acute or chronic dizziness;

 

(v) Unilateral hearing loss of sudden or recent onset withinthe previous ninety (90) days;

 

(vi) Significant air-bone gap when generally acceptablestandards have been established;

 

(vii) Visible evidence of cerumen accumulation or a foreign bodyin the ear canal.

 

(b) A person receiving the written recommendation who elects topurchase a hearing aid without the recommended consultation shall sign awritten acknowledgment of the recommendation which shall be kept by thelicensee for at least seven (7) years. Nothing in this section required to beperformed by a licensee shall be construed to mean that the licensee is engagedin the diagnosis of illness or the practice of medicine.

 

(c) Any person engaging in the fitting, dispensing or sale ofhearing aids shall, when dealing with a child sixteen (16) years of age orunder, ascertain whether the child has been examined by an otolaryngologist orlicensed clinical audiologist within three (3) months prior to the fitting. Ifsuch is not the case it shall be unlawful to sell a hearing aid to a child.

 

(d) The provisions of subsection (c) of this section shall notbe applicable for any child whose parent or guardian submits written objectionto such procedure.

 

33-35-106. Persons and practices not affected.

 

 

(a) This act does not apply to a person who is a physician or aclinical audiologist licensed to practice in Wyoming as long as he is notinvolved in the direct or indirect sale or distribution of hearing aids.

 

(b) This act is not intended to prevent any person fromengaging in the practice of measuring human hearing and the selection ofhearing aids if the person or the organization employing this person does noteither dispense or sell hearing aids or accessories thereto, except in the caseof earmolds.

 

33-35-107. License by experience.

 

Fora period of six (6) months following the effective date of this act, applicantsfor license shall be issued a license provided that applicant is an adult asdefined in W.S. 14-1-101 and has been principally engaged in distributing orfitting hearing aids in Wyoming for at least two (2) years within the three (3)years immediately prior to the effective date of this act.

 

33-35-108. Issuance of license and certificate of endorsement.

 

 

(a) The board shall issue a license, signed by the board, toeach applicant without discrimination who satisfactorily passes the experiencerequirements provided in W.S. 33-35-107 or passes an examination as provided inW.S. 33-35-109 and upon receipt of payment for the license. The license iseffective until January 30 of the year following the year in which issued.

 

(b) The board may issue certificates of endorsement toapplicants who hold current, valid certificates or licenses to fit, dispense orsell hearing aids issued by another state whenever the board determines thatthe other state has requirements and programs for determining whetherapplicants are qualified to dispense or fit hearing aids that are equivalent ormore stringent than those in effect in Wyoming. No applicant for a certificateof endorsement shall be required to undergo a qualifying examination pursuantto W.S. 33-35-108 and 33-35-113. The holder of a certificate of endorsementshall be registered in the same manner as licensees. The fee for an initialcertificate of endorsement shall be the same as the fee for an initial license.Fees, grounds for renewal and procedures for the suspension and revocation ofcertificates of endorsement shall be the same as for renewal, suspension andrevocation of a license.

 

33-35-109. License by examination.

 

 

(a) Applicants who do not meet the experience qualification onthe effective date of this act may obtain a license by successfully passing aqualifying examination, provided the applicant:

 

(i) Is an adult as defined in W.S. 14-1-101;

 

(ii) Has an education equivalent to a four (4) year course in anaccredited high school.

 

(b) Applicants for license by examination shall appear at atime, place and before persons that the board designates, to be examined bywritten and practical tests in order to demonstrate their qualification topractice the dispensing, fitting or sale of hearing aids. The examination shallnot require college training, and nothing in the examination shall imply thatthe applicant possesses the degree of medical competence normally expected ofphysicians.

 

(c) Examinations shall be offered by the board at least twice ayear.

 

33-35-110. Temporary permit.

 

 

(a) An applicant who fulfills the requirements set forth inW.S. 33-35-109(a), may obtain a temporary permit upon application to the board.Previous experience or a waiting period is not required to obtain a temporarypermit.

 

(b) Upon receiving an application accompanied by a fee set bythe board pursuant to W.S. 33-1-201, the board shall issue a temporary permitentitling the applicant to engage in either the fitting, dispensing or sale ofhearing aids for a period of one (1) year. A person holding a valid hearing aidspecialist license is responsible for the supervision and training of anapplicant operating under a temporary permit.

 

(c) The board shall issue a temporary permit for use withoutsupervision by a licensee, to an applicant entering into a hearing aiddealership as sole owner, principal of a firm or as an employee-manager of acorporation if he fulfills the requirements of W.S. 33-35-109(a), and has beenprincipally engaged in the practice of fitting, dispensing or dealing inhearing aids for at least two (2) years within the three (3) years immediatelyprior to the application.

 

(d) If a person who holds a temporary permit under subsection(b) of this section has not successfully passed the licensing examinationwithin one (1) year from the date of issuance, the temporary permit may berenewed once upon payment of a fee as set by the board pursuant to W.S.33-1-201. This renewal shall not be granted to holders of temporary permitsunder subsection (c) of this section.

 

33-35-111. Scope of examination.

 

 

(a) The qualifying examination provided in W.S. 33-35-108 shallbe designed to demonstrate the applicant's technical qualifications by:

 

(i) Tests of knowledge in the following areas as they pertainto the fitting and sale of hearing aids:

 

(A) Basic physics of sound;

 

(B) The anatomy and physiology of the ear;

 

(C) The function of hearing aids;

 

(D) Knowledge and understanding of the grounds for revocation,suspension or probation of a license;

 

(E) Knowledge and understanding of criminal offenses associatedwith violations of this act.

 

(ii) Practical tests of proficiency in the following techniquesas they pertain to the fitting of hearing aids:

 

(A) The procedures and use of equipment designed for thefitting of hearing aids;

 

(B) Taking earmold impressions;

 

(C) Measurement of hearing as it pertains to the fitting ofhearing aids;

 

(D) Recording and evaluation of audiograms and speechaudiometry to determine proper selection and adaptation of a hearing aid.

 

(iii) Evidence of knowledge regarding the medical andrehabilitation facilities for individuals with impaired hearing that areavailable in the area served.

 

33-35-112. Notice of place of business; service of notice.

 

 

(a) Every licensee shall notify the board in writing of hisprincipal place of business in which he intends to engage in the fitting,dispensing or selling of hearing aids.

 

(b) The board shall keep a record of the place of business oflicensees.

 

(c) Any notice required to be given by the board to a personwho holds a license shall be mailed to him by certified mail at the address ofthe last known place of business.

 

33-35-113. Annual renewal of license; fees; effect of failure to renew.

 

Eachperson who engages in the fitting, dispensing or sale of hearing aids shallannually, on or before January 30, pay to the board a fee as set by the boardpursuant to W.S. 33-1-201 for renewal of his license and shall keep thecertificate conspicuously posted in his office or place of business at alltimes. Where more than one (1) office is operated by the licensee, duplicatecertificates shall be issued by the board for posting in each location. Athirty (30) day grace period shall be allowed after January 30, during whichtime licenses may be renewed on payment of an additional fee as set by theboard pursuant to W.S. 33-1-201. After expiration of the grace period, theboard may renew a certificate upon payment of an additional fee as set by theboard pursuant to W.S. 33-1-201. No person who applies for renewal, whoselicense has expired, shall be required to submit to any examination as acondition to renewal, if the renewal application is made within two (2) yearsfrom the date of expiration. Receipt of a certificate of calibration ofaudiometer must accompany renewal of license.

 

33-35-114. Continuing education.

 

 

(a) On and after January 1, 1978, each hearing aid specialistapplying for a renewal of his license shall furnish to the board evidence thatduring the preceding year he has completed one (1) of the following continuingeducation programs:

 

(i) Educational programs conducted by the board;

 

(ii) Board approved training schools conducted by hearing aidmanufacturers for their representatives;

 

(iii) Board approved training sessions conducted by the NationalHearing Aid Society; or

 

(iv) Other educational means approved by the board.

 

(b) The amount of continued education shall be determined bythe rules and regulations of the board. The board shall send a written noticeto this effect to every person holding a valid license at least thirty (30)days prior to the license renewal date each year, directed to the last knownaddress of the licensee.

 

(c) In the event that any licensee shall fail to meet theannual educational requirement, his license shall not be renewed by the board,but the board may renew the license upon the presentation of satisfactoryevidence of educational study of a standard approved by the board and upon thepayment of all fees due.

 

33-35-115. Complaints; grounds for revocation or suspension of license.

 

(a) A person may make a complaint against a licensee under thisact by filing a complaint in writing with the board within one (1) year fromthe date of the action upon which the complaint is based. If the boarddetermines the charges made are sufficient to warrant a hearing, it shall makean order fixing a time and place for a hearing and require the licenseecomplained against to appear and show cause why his license should not besuspended or revoked. The order shall include a copy of the complaint and shallbe served upon the licensee at least twenty (20) days before the date set forhearing, either personally or by registered mail sent to licensee's last knownaddress. Hearings shall be conducted in accordance with the WyomingAdministrative Procedure Act.

 

(b) Any person registered under this act may have his licenserevoked or suspended for a period fixed by the board for any of the followingcauses:

 

(i) Conviction of a felony or a misdemeanor involving moralturpitude;

 

(ii) Procuring a license by fraud or deceit practiced upon theboard;

 

(iii) Unethical conduct, including:

 

(A) The obtaining of any fee or the making of any sale by fraudor misrepresentation;

 

(B) Knowingly employing directly or indirectly any suspended orunregistered person to perform any work covered by this act;

 

(C) Using, causing or promoting the use of any advertisingmatter, promotional literature, testimonial, guarantee, warranty, label, brand,insignia or any other representation, however disseminated or published, whichis misleading, deceptive or untruthful;

 

(D) Advertising a particular model or type of hearing aid forsale when purchasers or prospective purchasers responding to the advertisementcannot purchase the advertised model or type, where it is established thepurpose of the advertisement is to obtain prospects for the sale of a differentmodel or type than that advertised;

 

(E) Representing that the service or advice of a personlicensed to practice medicine shall be used or made available in the selection,fitting, adjustment, maintenance or repair of hearing aids when that is nottrue, or using the words "doctor", "clinic", "clinicalaudiologist", "state licensed clinic", "stateregistered", "state certified", "state approved" orsimilar term, abbreviations, symbol or wearing any costume when it wouldfalsely give the impression that one is being treated medically, orprofessionally or that the licensee's service has been recommended by thestate;

 

(F) Permitting another's use of a license;

 

(G) Advertising a manufacturer's product or using amanufacturer's name or trademark which implies a relationship with the manufacturerthat does not exist;

 

(H) Directly or indirectly giving or offering to give, orpermitting or causing to be given money or anything of value to any person whoadvises another in a professional capacity as an inducement to influence him orhave him influence others to purchase or contract to purchase products sold oroffered for sale by a hearing aid specialist, or influencing persons to refrainfrom dealing in the products of competitors.

 

(iv) Engaging in either the fitting, dispensing or sale ofhearing aids under a false name or alias with fraudulent intent;

 

(v) Selling a hearing aid to a person who has not been giventests utilizing appropriate established procedures and instrumentation infitting of hearing aids, except in cases of selling replacement hearing aidswithin one (1) year;

 

(vi) Gross incompetence or negligence in fitting, dispensing orselling hearing aids;

 

(vii) Failure to supervise a trainee as required by W.S. 33-35-110(b) or to accept responsibility for the actions of a trainee relatingto the fitting and selling of hearing aids; and

 

(viii) Violating any provision of this act.

 

(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwise restricta license issued by the board, the board shall notify the party named in thecourt order of the withholding, suspension or restriction of the license inaccordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-35-116. Prohibited acts and practices.

 

 

(a) No person shall:

 

(i) Sell, barter or offer to sell or barter a license;

 

(ii) Purchase or procure by barter a license with intent to useit as evidence of the holder's qualification to practice either the fitting,dispensing or sale of hearing aids;

 

(iii) Alter a license with fraudulent intent;

 

(iv) Use or attempt to use a license which has been purchased,fraudulently obtained, counterfeited or materially altered;

 

(v) Willfully make a false statement in an application forlicense or application for renewal of a license; or

 

(vi) Sell a hearing aid to a person under the age of sixteen(16) or to any person in a mental institution, hospital, nursing home,convalescent home or like institution, unless there is present in addition tothe licensee an adult person who is not a business associate of the licensee.

 

33-35-117. Board of hearing aid specialists.

 

 

(a) There is established a board of hearing aid specialists.

 

(b) Members of the board shall be residents of the state. Theboard shall consist of five (5) members. Three (3) members shall be hearing aidspecialists, one (1) member shall be a certified otolaryngologist and one (1)member shall be a clinical audiologist, licensed in Wyoming. Each hearing aidspecialist on the board shall have not less than five (5) years of experienceand shall hold a valid license as a hearing aid specialist as provided underthis act. The hearing aid specialists first appointed shall have no less thanfive (5) years of experience and shall fulfill all qualifications for licenseby experience as provided under this act.

 

(c) All members of this board shall be appointed by thegovernor. The term of office of each member is four (4) years, except that ofthe members first appointed, two (2) shall be appointed for two (2) years; two(2) shall be appointed for three (3) years; and one (1) shall be appointed forfour (4) years. All terms expire on June 30, and the governor shall appoint asuccessor to assume his duties on July 1, at the expiration of hispredecessor's term. A vacancy in the office of a member shall be filled byappointment for the unexpired term. The members of the board shall annuallydesignate one (1) member to serve as chairman and another to serve assecretary-treasurer. No member of the board who has served two (2) or more fullterms may be reappointed to the board until at least one (1) year after theexpiration of his most recent full term of office. The governor may remove anyboard member as provided in W.S. 9-1-202.

 

(d) Board members shall receive no compensation for theirservices but shall be paid for actual expenses incurred in the performance oftheir duties.

 

33-35-118. Powers and duties of board.

 

 

(a) The powers and duties of the board are as follows:

 

(i) Authorize all disbursements necessary to carry out theprovisions of this act;

 

(ii) Supervise issuance of licenses and administer qualifyingexaminations to test the knowledge and proficiency of applicants licensed byexamination;

 

(iii) Determine by test if individuals are qualified to engage inthe fitting, dispensing or sale of hearing aids;

 

(iv) Issue and renew licenses;

 

(v) Suspend or revoke licenses in the manner provided by law;

 

(vi) Designate the time and place for examining applicants;

 

(vii) Appoint representatives to conduct or supervise theexamination;

 

(viii) Make and publish rules and regulations not inconsistentwith the laws of this state which are necessary to carry out the provisions ofthis act;

 

(ix) Appoint or employ subordinate employees.

 

33-35-119. Meetings of board.

 

Theboard shall meet during July of each calendar year to select a chairman and forother business. At least one (1) additional meeting shall be held before theend of each calendar year. Further meetings may be convened at the call of thechairman or on the written request of any three (3) board members.

 

33-35-120. Disposition of receipts.

 

Theboard shall report to the state treasurer by the fifth day of each month theamount and source of all revenue received by it during the preceding month, andshall pay the entire amount thereof into a separate account. The treasurer ishereby directed to establish such an account.

 

33-35-121. Penalties.

 

Violationof any provisions of this act are punishable, upon conviction, by a fine of notmore than four hundred dollars ($400.00) or imprisonment for not more thanninety (90) days, or both.

 

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter35

CHAPTER 35 - HEARING AID SPECIALIST LICENSURE

 

33-35-101. Short title.

 

Thisact shall be known as the "Hearing Aid Specialist Licensure Act".

 

33-35-102. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the board of hearing aidspecialists;

 

(ii) "Hearing aid" means any instrument or devicedesigned to be worn on the person for the purpose of aiding or compensating forimpaired human hearing and any parts, attachments or accessories, including anearmold, but excluding batteries and cords;

 

(iii) "Hearing aid specialist" or "hearing aiddealer" means a person who specializes in either the fitting, dealing ordispensing of hearing aids; the hearing aid dealer is synonymous to a hearingaid specialist;

 

(iv) "Permittee" means a person who is in training orawaiting examination to become a licensed hearing aid specialist;

 

(v) "Practice of either dispensing or fitting hearingaids" means the commercial or noncommercial selection, adaptation and saleof hearing aids, and includes the testing of hearing for these purposes. Thetesting of hearing shall include the test whether or not a hearing aid shall berecommended as needed. The practice also includes the making of impressions forearmolds and counseling and instruction pertaining to the selection, fitting,adaptation or sale of hearing aids;

 

(vi) "Sell" or "sale" means any transfer oftitle or of the right to use by lease, bailment or any other means, excludingwholesale transactions with distributors or dealers;

 

(vii) "Temporary permit" means a permit issued whilethe applicant is in training or awaiting examination to become a licensedhearing aid specialist;

 

(viii) "This act" means W.S. 33-35-101 through33-35-121.

 

33-35-103. License required to sell, dispense or fit hearing aids.

 

 

(a) After July 1, 1977 anyone involved in either the direct orindirect sale or distribution of hearing aids shall be licensed under this act.The license shall be conspicuously posted in the licensee's office or place ofbusiness. Duplicate licenses shall be issued by the board to valid licenseholders operating more than one (1) office, without additional payment. Alicense under this act confers upon the holder the right to select, fit or sellhearing aids.

 

(b) Nothing in this act prohibits a corporation, partnership,trust, association or like organization maintaining an established businessaddress from engaging in the business of fitting, dispensing, selling oroffering for sale hearing aids at retail without a license, if it employs onlyproperly licensed persons in the direct sale or fitting of such products. Suchcorporations, partnerships, trusts, associations or like organizations shallfile annually with the board a list of all licensed hearing aid specialistsdirectly or indirectly employed by it.

 

33-35-104. Receipt required to be furnished to person supplied withhearing aid.

 

 

(a) Any person who fits, dispenses or sells hearing aids shalldeliver to each person supplied with a hearing aid a receipt containing thelicensee's signature, his business address and the number of his certificate,together with specifications as to the make, model and serial number of thehearing aid furnished and full terms of sale clearly stated. If a hearing aidwhich is not new is sold, the receipt and the container shall be clearly marked"used" or "reconditioned", whichever is applicable, and thereceipt shall state any terms of guarantee.

 

(b) This receipt shall bear in no smaller type than the largestused in the body copy portion the following: "The purchaser has beenadvised that any examination or representations made by a licensed hearing aidspecialist in connection with either the fitting or selling of this hearing aidis not an examination, diagnosis or prescription by a person licensed topractice medicine in this state and shall not be regarded as medicalopinion."

 

33-35-105. Criteria for medical referral.

 

 

(a) Wherever any of the following conditions are found to existeither from observations by the licensee or permittee [or] on the basis of informationfurnished by the prospective hearing aid user, a licensee or permittee shall,prior to either fitting, dispensing or selling a hearing aid, recommend inwriting that the prospective user's best interest would be served if he wouldconsult a licensed physician specializing in diseases of the ear or, if no suchspecialist is available in the community, any licensed physician:

 

(i) Visible congenital or traumatic deformity of the ear;

 

(ii) History of or active drainage from the ear within the previousninety (90) days;

 

(iii) History of sudden or rapidly progressive hearing losswithin the previous ninety (90) days;

 

(iv) Acute or chronic dizziness;

 

(v) Unilateral hearing loss of sudden or recent onset withinthe previous ninety (90) days;

 

(vi) Significant air-bone gap when generally acceptablestandards have been established;

 

(vii) Visible evidence of cerumen accumulation or a foreign bodyin the ear canal.

 

(b) A person receiving the written recommendation who elects topurchase a hearing aid without the recommended consultation shall sign awritten acknowledgment of the recommendation which shall be kept by thelicensee for at least seven (7) years. Nothing in this section required to beperformed by a licensee shall be construed to mean that the licensee is engagedin the diagnosis of illness or the practice of medicine.

 

(c) Any person engaging in the fitting, dispensing or sale ofhearing aids shall, when dealing with a child sixteen (16) years of age orunder, ascertain whether the child has been examined by an otolaryngologist orlicensed clinical audiologist within three (3) months prior to the fitting. Ifsuch is not the case it shall be unlawful to sell a hearing aid to a child.

 

(d) The provisions of subsection (c) of this section shall notbe applicable for any child whose parent or guardian submits written objectionto such procedure.

 

33-35-106. Persons and practices not affected.

 

 

(a) This act does not apply to a person who is a physician or aclinical audiologist licensed to practice in Wyoming as long as he is notinvolved in the direct or indirect sale or distribution of hearing aids.

 

(b) This act is not intended to prevent any person fromengaging in the practice of measuring human hearing and the selection ofhearing aids if the person or the organization employing this person does noteither dispense or sell hearing aids or accessories thereto, except in the caseof earmolds.

 

33-35-107. License by experience.

 

Fora period of six (6) months following the effective date of this act, applicantsfor license shall be issued a license provided that applicant is an adult asdefined in W.S. 14-1-101 and has been principally engaged in distributing orfitting hearing aids in Wyoming for at least two (2) years within the three (3)years immediately prior to the effective date of this act.

 

33-35-108. Issuance of license and certificate of endorsement.

 

 

(a) The board shall issue a license, signed by the board, toeach applicant without discrimination who satisfactorily passes the experiencerequirements provided in W.S. 33-35-107 or passes an examination as provided inW.S. 33-35-109 and upon receipt of payment for the license. The license iseffective until January 30 of the year following the year in which issued.

 

(b) The board may issue certificates of endorsement toapplicants who hold current, valid certificates or licenses to fit, dispense orsell hearing aids issued by another state whenever the board determines thatthe other state has requirements and programs for determining whetherapplicants are qualified to dispense or fit hearing aids that are equivalent ormore stringent than those in effect in Wyoming. No applicant for a certificateof endorsement shall be required to undergo a qualifying examination pursuantto W.S. 33-35-108 and 33-35-113. The holder of a certificate of endorsementshall be registered in the same manner as licensees. The fee for an initialcertificate of endorsement shall be the same as the fee for an initial license.Fees, grounds for renewal and procedures for the suspension and revocation ofcertificates of endorsement shall be the same as for renewal, suspension andrevocation of a license.

 

33-35-109. License by examination.

 

 

(a) Applicants who do not meet the experience qualification onthe effective date of this act may obtain a license by successfully passing aqualifying examination, provided the applicant:

 

(i) Is an adult as defined in W.S. 14-1-101;

 

(ii) Has an education equivalent to a four (4) year course in anaccredited high school.

 

(b) Applicants for license by examination shall appear at atime, place and before persons that the board designates, to be examined bywritten and practical tests in order to demonstrate their qualification topractice the dispensing, fitting or sale of hearing aids. The examination shallnot require college training, and nothing in the examination shall imply thatthe applicant possesses the degree of medical competence normally expected ofphysicians.

 

(c) Examinations shall be offered by the board at least twice ayear.

 

33-35-110. Temporary permit.

 

 

(a) An applicant who fulfills the requirements set forth inW.S. 33-35-109(a), may obtain a temporary permit upon application to the board.Previous experience or a waiting period is not required to obtain a temporarypermit.

 

(b) Upon receiving an application accompanied by a fee set bythe board pursuant to W.S. 33-1-201, the board shall issue a temporary permitentitling the applicant to engage in either the fitting, dispensing or sale ofhearing aids for a period of one (1) year. A person holding a valid hearing aidspecialist license is responsible for the supervision and training of anapplicant operating under a temporary permit.

 

(c) The board shall issue a temporary permit for use withoutsupervision by a licensee, to an applicant entering into a hearing aiddealership as sole owner, principal of a firm or as an employee-manager of acorporation if he fulfills the requirements of W.S. 33-35-109(a), and has beenprincipally engaged in the practice of fitting, dispensing or dealing inhearing aids for at least two (2) years within the three (3) years immediatelyprior to the application.

 

(d) If a person who holds a temporary permit under subsection(b) of this section has not successfully passed the licensing examinationwithin one (1) year from the date of issuance, the temporary permit may berenewed once upon payment of a fee as set by the board pursuant to W.S.33-1-201. This renewal shall not be granted to holders of temporary permitsunder subsection (c) of this section.

 

33-35-111. Scope of examination.

 

 

(a) The qualifying examination provided in W.S. 33-35-108 shallbe designed to demonstrate the applicant's technical qualifications by:

 

(i) Tests of knowledge in the following areas as they pertainto the fitting and sale of hearing aids:

 

(A) Basic physics of sound;

 

(B) The anatomy and physiology of the ear;

 

(C) The function of hearing aids;

 

(D) Knowledge and understanding of the grounds for revocation,suspension or probation of a license;

 

(E) Knowledge and understanding of criminal offenses associatedwith violations of this act.

 

(ii) Practical tests of proficiency in the following techniquesas they pertain to the fitting of hearing aids:

 

(A) The procedures and use of equipment designed for thefitting of hearing aids;

 

(B) Taking earmold impressions;

 

(C) Measurement of hearing as it pertains to the fitting ofhearing aids;

 

(D) Recording and evaluation of audiograms and speechaudiometry to determine proper selection and adaptation of a hearing aid.

 

(iii) Evidence of knowledge regarding the medical andrehabilitation facilities for individuals with impaired hearing that areavailable in the area served.

 

33-35-112. Notice of place of business; service of notice.

 

 

(a) Every licensee shall notify the board in writing of hisprincipal place of business in which he intends to engage in the fitting,dispensing or selling of hearing aids.

 

(b) The board shall keep a record of the place of business oflicensees.

 

(c) Any notice required to be given by the board to a personwho holds a license shall be mailed to him by certified mail at the address ofthe last known place of business.

 

33-35-113. Annual renewal of license; fees; effect of failure to renew.

 

Eachperson who engages in the fitting, dispensing or sale of hearing aids shallannually, on or before January 30, pay to the board a fee as set by the boardpursuant to W.S. 33-1-201 for renewal of his license and shall keep thecertificate conspicuously posted in his office or place of business at alltimes. Where more than one (1) office is operated by the licensee, duplicatecertificates shall be issued by the board for posting in each location. Athirty (30) day grace period shall be allowed after January 30, during whichtime licenses may be renewed on payment of an additional fee as set by theboard pursuant to W.S. 33-1-201. After expiration of the grace period, theboard may renew a certificate upon payment of an additional fee as set by theboard pursuant to W.S. 33-1-201. No person who applies for renewal, whoselicense has expired, shall be required to submit to any examination as acondition to renewal, if the renewal application is made within two (2) yearsfrom the date of expiration. Receipt of a certificate of calibration ofaudiometer must accompany renewal of license.

 

33-35-114. Continuing education.

 

 

(a) On and after January 1, 1978, each hearing aid specialistapplying for a renewal of his license shall furnish to the board evidence thatduring the preceding year he has completed one (1) of the following continuingeducation programs:

 

(i) Educational programs conducted by the board;

 

(ii) Board approved training schools conducted by hearing aidmanufacturers for their representatives;

 

(iii) Board approved training sessions conducted by the NationalHearing Aid Society; or

 

(iv) Other educational means approved by the board.

 

(b) The amount of continued education shall be determined bythe rules and regulations of the board. The board shall send a written noticeto this effect to every person holding a valid license at least thirty (30)days prior to the license renewal date each year, directed to the last knownaddress of the licensee.

 

(c) In the event that any licensee shall fail to meet theannual educational requirement, his license shall not be renewed by the board,but the board may renew the license upon the presentation of satisfactoryevidence of educational study of a standard approved by the board and upon thepayment of all fees due.

 

33-35-115. Complaints; grounds for revocation or suspension of license.

 

(a) A person may make a complaint against a licensee under thisact by filing a complaint in writing with the board within one (1) year fromthe date of the action upon which the complaint is based. If the boarddetermines the charges made are sufficient to warrant a hearing, it shall makean order fixing a time and place for a hearing and require the licenseecomplained against to appear and show cause why his license should not besuspended or revoked. The order shall include a copy of the complaint and shallbe served upon the licensee at least twenty (20) days before the date set forhearing, either personally or by registered mail sent to licensee's last knownaddress. Hearings shall be conducted in accordance with the WyomingAdministrative Procedure Act.

 

(b) Any person registered under this act may have his licenserevoked or suspended for a period fixed by the board for any of the followingcauses:

 

(i) Conviction of a felony or a misdemeanor involving moralturpitude;

 

(ii) Procuring a license by fraud or deceit practiced upon theboard;

 

(iii) Unethical conduct, including:

 

(A) The obtaining of any fee or the making of any sale by fraudor misrepresentation;

 

(B) Knowingly employing directly or indirectly any suspended orunregistered person to perform any work covered by this act;

 

(C) Using, causing or promoting the use of any advertisingmatter, promotional literature, testimonial, guarantee, warranty, label, brand,insignia or any other representation, however disseminated or published, whichis misleading, deceptive or untruthful;

 

(D) Advertising a particular model or type of hearing aid forsale when purchasers or prospective purchasers responding to the advertisementcannot purchase the advertised model or type, where it is established thepurpose of the advertisement is to obtain prospects for the sale of a differentmodel or type than that advertised;

 

(E) Representing that the service or advice of a personlicensed to practice medicine shall be used or made available in the selection,fitting, adjustment, maintenance or repair of hearing aids when that is nottrue, or using the words "doctor", "clinic", "clinicalaudiologist", "state licensed clinic", "stateregistered", "state certified", "state approved" orsimilar term, abbreviations, symbol or wearing any costume when it wouldfalsely give the impression that one is being treated medically, orprofessionally or that the licensee's service has been recommended by thestate;

 

(F) Permitting another's use of a license;

 

(G) Advertising a manufacturer's product or using amanufacturer's name or trademark which implies a relationship with the manufacturerthat does not exist;

 

(H) Directly or indirectly giving or offering to give, orpermitting or causing to be given money or anything of value to any person whoadvises another in a professional capacity as an inducement to influence him orhave him influence others to purchase or contract to purchase products sold oroffered for sale by a hearing aid specialist, or influencing persons to refrainfrom dealing in the products of competitors.

 

(iv) Engaging in either the fitting, dispensing or sale ofhearing aids under a false name or alias with fraudulent intent;

 

(v) Selling a hearing aid to a person who has not been giventests utilizing appropriate established procedures and instrumentation infitting of hearing aids, except in cases of selling replacement hearing aidswithin one (1) year;

 

(vi) Gross incompetence or negligence in fitting, dispensing orselling hearing aids;

 

(vii) Failure to supervise a trainee as required by W.S. 33-35-110(b) or to accept responsibility for the actions of a trainee relatingto the fitting and selling of hearing aids; and

 

(viii) Violating any provision of this act.

 

(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwise restricta license issued by the board, the board shall notify the party named in thecourt order of the withholding, suspension or restriction of the license inaccordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-35-116. Prohibited acts and practices.

 

 

(a) No person shall:

 

(i) Sell, barter or offer to sell or barter a license;

 

(ii) Purchase or procure by barter a license with intent to useit as evidence of the holder's qualification to practice either the fitting,dispensing or sale of hearing aids;

 

(iii) Alter a license with fraudulent intent;

 

(iv) Use or attempt to use a license which has been purchased,fraudulently obtained, counterfeited or materially altered;

 

(v) Willfully make a false statement in an application forlicense or application for renewal of a license; or

 

(vi) Sell a hearing aid to a person under the age of sixteen(16) or to any person in a mental institution, hospital, nursing home,convalescent home or like institution, unless there is present in addition tothe licensee an adult person who is not a business associate of the licensee.

 

33-35-117. Board of hearing aid specialists.

 

 

(a) There is established a board of hearing aid specialists.

 

(b) Members of the board shall be residents of the state. Theboard shall consist of five (5) members. Three (3) members shall be hearing aidspecialists, one (1) member shall be a certified otolaryngologist and one (1)member shall be a clinical audiologist, licensed in Wyoming. Each hearing aidspecialist on the board shall have not less than five (5) years of experienceand shall hold a valid license as a hearing aid specialist as provided underthis act. The hearing aid specialists first appointed shall have no less thanfive (5) years of experience and shall fulfill all qualifications for licenseby experience as provided under this act.

 

(c) All members of this board shall be appointed by thegovernor. The term of office of each member is four (4) years, except that ofthe members first appointed, two (2) shall be appointed for two (2) years; two(2) shall be appointed for three (3) years; and one (1) shall be appointed forfour (4) years. All terms expire on June 30, and the governor shall appoint asuccessor to assume his duties on July 1, at the expiration of hispredecessor's term. A vacancy in the office of a member shall be filled byappointment for the unexpired term. The members of the board shall annuallydesignate one (1) member to serve as chairman and another to serve assecretary-treasurer. No member of the board who has served two (2) or more fullterms may be reappointed to the board until at least one (1) year after theexpiration of his most recent full term of office. The governor may remove anyboard member as provided in W.S. 9-1-202.

 

(d) Board members shall receive no compensation for theirservices but shall be paid for actual expenses incurred in the performance oftheir duties.

 

33-35-118. Powers and duties of board.

 

 

(a) The powers and duties of the board are as follows:

 

(i) Authorize all disbursements necessary to carry out theprovisions of this act;

 

(ii) Supervise issuance of licenses and administer qualifyingexaminations to test the knowledge and proficiency of applicants licensed byexamination;

 

(iii) Determine by test if individuals are qualified to engage inthe fitting, dispensing or sale of hearing aids;

 

(iv) Issue and renew licenses;

 

(v) Suspend or revoke licenses in the manner provided by law;

 

(vi) Designate the time and place for examining applicants;

 

(vii) Appoint representatives to conduct or supervise theexamination;

 

(viii) Make and publish rules and regulations not inconsistentwith the laws of this state which are necessary to carry out the provisions ofthis act;

 

(ix) Appoint or employ subordinate employees.

 

33-35-119. Meetings of board.

 

Theboard shall meet during July of each calendar year to select a chairman and forother business. At least one (1) additional meeting shall be held before theend of each calendar year. Further meetings may be convened at the call of thechairman or on the written request of any three (3) board members.

 

33-35-120. Disposition of receipts.

 

Theboard shall report to the state treasurer by the fifth day of each month theamount and source of all revenue received by it during the preceding month, andshall pay the entire amount thereof into a separate account. The treasurer ishereby directed to establish such an account.

 

33-35-121. Penalties.

 

Violationof any provisions of this act are punishable, upon conviction, by a fine of notmore than four hundred dollars ($400.00) or imprisonment for not more thanninety (90) days, or both.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title33 > Chapter35

CHAPTER 35 - HEARING AID SPECIALIST LICENSURE

 

33-35-101. Short title.

 

Thisact shall be known as the "Hearing Aid Specialist Licensure Act".

 

33-35-102. Definitions.

 

 

(a) As used in this act:

 

(i) "Board" means the board of hearing aidspecialists;

 

(ii) "Hearing aid" means any instrument or devicedesigned to be worn on the person for the purpose of aiding or compensating forimpaired human hearing and any parts, attachments or accessories, including anearmold, but excluding batteries and cords;

 

(iii) "Hearing aid specialist" or "hearing aiddealer" means a person who specializes in either the fitting, dealing ordispensing of hearing aids; the hearing aid dealer is synonymous to a hearingaid specialist;

 

(iv) "Permittee" means a person who is in training orawaiting examination to become a licensed hearing aid specialist;

 

(v) "Practice of either dispensing or fitting hearingaids" means the commercial or noncommercial selection, adaptation and saleof hearing aids, and includes the testing of hearing for these purposes. Thetesting of hearing shall include the test whether or not a hearing aid shall berecommended as needed. The practice also includes the making of impressions forearmolds and counseling and instruction pertaining to the selection, fitting,adaptation or sale of hearing aids;

 

(vi) "Sell" or "sale" means any transfer oftitle or of the right to use by lease, bailment or any other means, excludingwholesale transactions with distributors or dealers;

 

(vii) "Temporary permit" means a permit issued whilethe applicant is in training or awaiting examination to become a licensedhearing aid specialist;

 

(viii) "This act" means W.S. 33-35-101 through33-35-121.

 

33-35-103. License required to sell, dispense or fit hearing aids.

 

 

(a) After July 1, 1977 anyone involved in either the direct orindirect sale or distribution of hearing aids shall be licensed under this act.The license shall be conspicuously posted in the licensee's office or place ofbusiness. Duplicate licenses shall be issued by the board to valid licenseholders operating more than one (1) office, without additional payment. Alicense under this act confers upon the holder the right to select, fit or sellhearing aids.

 

(b) Nothing in this act prohibits a corporation, partnership,trust, association or like organization maintaining an established businessaddress from engaging in the business of fitting, dispensing, selling oroffering for sale hearing aids at retail without a license, if it employs onlyproperly licensed persons in the direct sale or fitting of such products. Suchcorporations, partnerships, trusts, associations or like organizations shallfile annually with the board a list of all licensed hearing aid specialistsdirectly or indirectly employed by it.

 

33-35-104. Receipt required to be furnished to person supplied withhearing aid.

 

 

(a) Any person who fits, dispenses or sells hearing aids shalldeliver to each person supplied with a hearing aid a receipt containing thelicensee's signature, his business address and the number of his certificate,together with specifications as to the make, model and serial number of thehearing aid furnished and full terms of sale clearly stated. If a hearing aidwhich is not new is sold, the receipt and the container shall be clearly marked"used" or "reconditioned", whichever is applicable, and thereceipt shall state any terms of guarantee.

 

(b) This receipt shall bear in no smaller type than the largestused in the body copy portion the following: "The purchaser has beenadvised that any examination or representations made by a licensed hearing aidspecialist in connection with either the fitting or selling of this hearing aidis not an examination, diagnosis or prescription by a person licensed topractice medicine in this state and shall not be regarded as medicalopinion."

 

33-35-105. Criteria for medical referral.

 

 

(a) Wherever any of the following conditions are found to existeither from observations by the licensee or permittee [or] on the basis of informationfurnished by the prospective hearing aid user, a licensee or permittee shall,prior to either fitting, dispensing or selling a hearing aid, recommend inwriting that the prospective user's best interest would be served if he wouldconsult a licensed physician specializing in diseases of the ear or, if no suchspecialist is available in the community, any licensed physician:

 

(i) Visible congenital or traumatic deformity of the ear;

 

(ii) History of or active drainage from the ear within the previousninety (90) days;

 

(iii) History of sudden or rapidly progressive hearing losswithin the previous ninety (90) days;

 

(iv) Acute or chronic dizziness;

 

(v) Unilateral hearing loss of sudden or recent onset withinthe previous ninety (90) days;

 

(vi) Significant air-bone gap when generally acceptablestandards have been established;

 

(vii) Visible evidence of cerumen accumulation or a foreign bodyin the ear canal.

 

(b) A person receiving the written recommendation who elects topurchase a hearing aid without the recommended consultation shall sign awritten acknowledgment of the recommendation which shall be kept by thelicensee for at least seven (7) years. Nothing in this section required to beperformed by a licensee shall be construed to mean that the licensee is engagedin the diagnosis of illness or the practice of medicine.

 

(c) Any person engaging in the fitting, dispensing or sale ofhearing aids shall, when dealing with a child sixteen (16) years of age orunder, ascertain whether the child has been examined by an otolaryngologist orlicensed clinical audiologist within three (3) months prior to the fitting. Ifsuch is not the case it shall be unlawful to sell a hearing aid to a child.

 

(d) The provisions of subsection (c) of this section shall notbe applicable for any child whose parent or guardian submits written objectionto such procedure.

 

33-35-106. Persons and practices not affected.

 

 

(a) This act does not apply to a person who is a physician or aclinical audiologist licensed to practice in Wyoming as long as he is notinvolved in the direct or indirect sale or distribution of hearing aids.

 

(b) This act is not intended to prevent any person fromengaging in the practice of measuring human hearing and the selection ofhearing aids if the person or the organization employing this person does noteither dispense or sell hearing aids or accessories thereto, except in the caseof earmolds.

 

33-35-107. License by experience.

 

Fora period of six (6) months following the effective date of this act, applicantsfor license shall be issued a license provided that applicant is an adult asdefined in W.S. 14-1-101 and has been principally engaged in distributing orfitting hearing aids in Wyoming for at least two (2) years within the three (3)years immediately prior to the effective date of this act.

 

33-35-108. Issuance of license and certificate of endorsement.

 

 

(a) The board shall issue a license, signed by the board, toeach applicant without discrimination who satisfactorily passes the experiencerequirements provided in W.S. 33-35-107 or passes an examination as provided inW.S. 33-35-109 and upon receipt of payment for the license. The license iseffective until January 30 of the year following the year in which issued.

 

(b) The board may issue certificates of endorsement toapplicants who hold current, valid certificates or licenses to fit, dispense orsell hearing aids issued by another state whenever the board determines thatthe other state has requirements and programs for determining whetherapplicants are qualified to dispense or fit hearing aids that are equivalent ormore stringent than those in effect in Wyoming. No applicant for a certificateof endorsement shall be required to undergo a qualifying examination pursuantto W.S. 33-35-108 and 33-35-113. The holder of a certificate of endorsementshall be registered in the same manner as licensees. The fee for an initialcertificate of endorsement shall be the same as the fee for an initial license.Fees, grounds for renewal and procedures for the suspension and revocation ofcertificates of endorsement shall be the same as for renewal, suspension andrevocation of a license.

 

33-35-109. License by examination.

 

 

(a) Applicants who do not meet the experience qualification onthe effective date of this act may obtain a license by successfully passing aqualifying examination, provided the applicant:

 

(i) Is an adult as defined in W.S. 14-1-101;

 

(ii) Has an education equivalent to a four (4) year course in anaccredited high school.

 

(b) Applicants for license by examination shall appear at atime, place and before persons that the board designates, to be examined bywritten and practical tests in order to demonstrate their qualification topractice the dispensing, fitting or sale of hearing aids. The examination shallnot require college training, and nothing in the examination shall imply thatthe applicant possesses the degree of medical competence normally expected ofphysicians.

 

(c) Examinations shall be offered by the board at least twice ayear.

 

33-35-110. Temporary permit.

 

 

(a) An applicant who fulfills the requirements set forth inW.S. 33-35-109(a), may obtain a temporary permit upon application to the board.Previous experience or a waiting period is not required to obtain a temporarypermit.

 

(b) Upon receiving an application accompanied by a fee set bythe board pursuant to W.S. 33-1-201, the board shall issue a temporary permitentitling the applicant to engage in either the fitting, dispensing or sale ofhearing aids for a period of one (1) year. A person holding a valid hearing aidspecialist license is responsible for the supervision and training of anapplicant operating under a temporary permit.

 

(c) The board shall issue a temporary permit for use withoutsupervision by a licensee, to an applicant entering into a hearing aiddealership as sole owner, principal of a firm or as an employee-manager of acorporation if he fulfills the requirements of W.S. 33-35-109(a), and has beenprincipally engaged in the practice of fitting, dispensing or dealing inhearing aids for at least two (2) years within the three (3) years immediatelyprior to the application.

 

(d) If a person who holds a temporary permit under subsection(b) of this section has not successfully passed the licensing examinationwithin one (1) year from the date of issuance, the temporary permit may berenewed once upon payment of a fee as set by the board pursuant to W.S.33-1-201. This renewal shall not be granted to holders of temporary permitsunder subsection (c) of this section.

 

33-35-111. Scope of examination.

 

 

(a) The qualifying examination provided in W.S. 33-35-108 shallbe designed to demonstrate the applicant's technical qualifications by:

 

(i) Tests of knowledge in the following areas as they pertainto the fitting and sale of hearing aids:

 

(A) Basic physics of sound;

 

(B) The anatomy and physiology of the ear;

 

(C) The function of hearing aids;

 

(D) Knowledge and understanding of the grounds for revocation,suspension or probation of a license;

 

(E) Knowledge and understanding of criminal offenses associatedwith violations of this act.

 

(ii) Practical tests of proficiency in the following techniquesas they pertain to the fitting of hearing aids:

 

(A) The procedures and use of equipment designed for thefitting of hearing aids;

 

(B) Taking earmold impressions;

 

(C) Measurement of hearing as it pertains to the fitting ofhearing aids;

 

(D) Recording and evaluation of audiograms and speechaudiometry to determine proper selection and adaptation of a hearing aid.

 

(iii) Evidence of knowledge regarding the medical andrehabilitation facilities for individuals with impaired hearing that areavailable in the area served.

 

33-35-112. Notice of place of business; service of notice.

 

 

(a) Every licensee shall notify the board in writing of hisprincipal place of business in which he intends to engage in the fitting,dispensing or selling of hearing aids.

 

(b) The board shall keep a record of the place of business oflicensees.

 

(c) Any notice required to be given by the board to a personwho holds a license shall be mailed to him by certified mail at the address ofthe last known place of business.

 

33-35-113. Annual renewal of license; fees; effect of failure to renew.

 

Eachperson who engages in the fitting, dispensing or sale of hearing aids shallannually, on or before January 30, pay to the board a fee as set by the boardpursuant to W.S. 33-1-201 for renewal of his license and shall keep thecertificate conspicuously posted in his office or place of business at alltimes. Where more than one (1) office is operated by the licensee, duplicatecertificates shall be issued by the board for posting in each location. Athirty (30) day grace period shall be allowed after January 30, during whichtime licenses may be renewed on payment of an additional fee as set by theboard pursuant to W.S. 33-1-201. After expiration of the grace period, theboard may renew a certificate upon payment of an additional fee as set by theboard pursuant to W.S. 33-1-201. No person who applies for renewal, whoselicense has expired, shall be required to submit to any examination as acondition to renewal, if the renewal application is made within two (2) yearsfrom the date of expiration. Receipt of a certificate of calibration ofaudiometer must accompany renewal of license.

 

33-35-114. Continuing education.

 

 

(a) On and after January 1, 1978, each hearing aid specialistapplying for a renewal of his license shall furnish to the board evidence thatduring the preceding year he has completed one (1) of the following continuingeducation programs:

 

(i) Educational programs conducted by the board;

 

(ii) Board approved training schools conducted by hearing aidmanufacturers for their representatives;

 

(iii) Board approved training sessions conducted by the NationalHearing Aid Society; or

 

(iv) Other educational means approved by the board.

 

(b) The amount of continued education shall be determined bythe rules and regulations of the board. The board shall send a written noticeto this effect to every person holding a valid license at least thirty (30)days prior to the license renewal date each year, directed to the last knownaddress of the licensee.

 

(c) In the event that any licensee shall fail to meet theannual educational requirement, his license shall not be renewed by the board,but the board may renew the license upon the presentation of satisfactoryevidence of educational study of a standard approved by the board and upon thepayment of all fees due.

 

33-35-115. Complaints; grounds for revocation or suspension of license.

 

(a) A person may make a complaint against a licensee under thisact by filing a complaint in writing with the board within one (1) year fromthe date of the action upon which the complaint is based. If the boarddetermines the charges made are sufficient to warrant a hearing, it shall makean order fixing a time and place for a hearing and require the licenseecomplained against to appear and show cause why his license should not besuspended or revoked. The order shall include a copy of the complaint and shallbe served upon the licensee at least twenty (20) days before the date set forhearing, either personally or by registered mail sent to licensee's last knownaddress. Hearings shall be conducted in accordance with the WyomingAdministrative Procedure Act.

 

(b) Any person registered under this act may have his licenserevoked or suspended for a period fixed by the board for any of the followingcauses:

 

(i) Conviction of a felony or a misdemeanor involving moralturpitude;

 

(ii) Procuring a license by fraud or deceit practiced upon theboard;

 

(iii) Unethical conduct, including:

 

(A) The obtaining of any fee or the making of any sale by fraudor misrepresentation;

 

(B) Knowingly employing directly or indirectly any suspended orunregistered person to perform any work covered by this act;

 

(C) Using, causing or promoting the use of any advertisingmatter, promotional literature, testimonial, guarantee, warranty, label, brand,insignia or any other representation, however disseminated or published, whichis misleading, deceptive or untruthful;

 

(D) Advertising a particular model or type of hearing aid forsale when purchasers or prospective purchasers responding to the advertisementcannot purchase the advertised model or type, where it is established thepurpose of the advertisement is to obtain prospects for the sale of a differentmodel or type than that advertised;

 

(E) Representing that the service or advice of a personlicensed to practice medicine shall be used or made available in the selection,fitting, adjustment, maintenance or repair of hearing aids when that is nottrue, or using the words "doctor", "clinic", "clinicalaudiologist", "state licensed clinic", "stateregistered", "state certified", "state approved" orsimilar term, abbreviations, symbol or wearing any costume when it wouldfalsely give the impression that one is being treated medically, orprofessionally or that the licensee's service has been recommended by thestate;

 

(F) Permitting another's use of a license;

 

(G) Advertising a manufacturer's product or using amanufacturer's name or trademark which implies a relationship with the manufacturerthat does not exist;

 

(H) Directly or indirectly giving or offering to give, orpermitting or causing to be given money or anything of value to any person whoadvises another in a professional capacity as an inducement to influence him orhave him influence others to purchase or contract to purchase products sold oroffered for sale by a hearing aid specialist, or influencing persons to refrainfrom dealing in the products of competitors.

 

(iv) Engaging in either the fitting, dispensing or sale ofhearing aids under a false name or alias with fraudulent intent;

 

(v) Selling a hearing aid to a person who has not been giventests utilizing appropriate established procedures and instrumentation infitting of hearing aids, except in cases of selling replacement hearing aidswithin one (1) year;

 

(vi) Gross incompetence or negligence in fitting, dispensing orselling hearing aids;

 

(vii) Failure to supervise a trainee as required by W.S. 33-35-110(b) or to accept responsibility for the actions of a trainee relatingto the fitting and selling of hearing aids; and

 

(viii) Violating any provision of this act.

 

(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwise restricta license issued by the board, the board shall notify the party named in thecourt order of the withholding, suspension or restriction of the license inaccordance with the terms of the court order. No appeal under the WyomingAdministrative Procedure Act shall be allowed for a license withheld, suspendedor restricted under this subsection.

 

33-35-116. Prohibited acts and practices.

 

 

(a) No person shall:

 

(i) Sell, barter or offer to sell or barter a license;

 

(ii) Purchase or procure by barter a license with intent to useit as evidence of the holder's qualification to practice either the fitting,dispensing or sale of hearing aids;

 

(iii) Alter a license with fraudulent intent;

 

(iv) Use or attempt to use a license which has been purchased,fraudulently obtained, counterfeited or materially altered;

 

(v) Willfully make a false statement in an application forlicense or application for renewal of a license; or

 

(vi) Sell a hearing aid to a person under the age of sixteen(16) or to any person in a mental institution, hospital, nursing home,convalescent home or like institution, unless there is present in addition tothe licensee an adult person who is not a business associate of the licensee.

 

33-35-117. Board of hearing aid specialists.

 

 

(a) There is established a board of hearing aid specialists.

 

(b) Members of the board shall be residents of the state. Theboard shall consist of five (5) members. Three (3) members shall be hearing aidspecialists, one (1) member shall be a certified otolaryngologist and one (1)member shall be a clinical audiologist, licensed in Wyoming. Each hearing aidspecialist on the board shall have not less than five (5) years of experienceand shall hold a valid license as a hearing aid specialist as provided underthis act. The hearing aid specialists first appointed shall have no less thanfive (5) years of experience and shall fulfill all qualifications for licenseby experience as provided under this act.

 

(c) All members of this board shall be appointed by thegovernor. The term of office of each member is four (4) years, except that ofthe members first appointed, two (2) shall be appointed for two (2) years; two(2) shall be appointed for three (3) years; and one (1) shall be appointed forfour (4) years. All terms expire on June 30, and the governor shall appoint asuccessor to assume his duties on July 1, at the expiration of hispredecessor's term. A vacancy in the office of a member shall be filled byappointment for the unexpired term. The members of the board shall annuallydesignate one (1) member to serve as chairman and another to serve assecretary-treasurer. No member of the board who has served two (2) or more fullterms may be reappointed to the board until at least one (1) year after theexpiration of his most recent full term of office. The governor may remove anyboard member as provided in W.S. 9-1-202.

 

(d) Board members shall receive no compensation for theirservices but shall be paid for actual expenses incurred in the performance oftheir duties.

 

33-35-118. Powers and duties of board.

 

 

(a) The powers and duties of the board are as follows:

 

(i) Authorize all disbursements necessary to carry out theprovisions of this act;

 

(ii) Supervise issuance of licenses and administer qualifyingexaminations to test the knowledge and proficiency of applicants licensed byexamination;

 

(iii) Determine by test if individuals are qualified to engage inthe fitting, dispensing or sale of hearing aids;

 

(iv) Issue and renew licenses;

 

(v) Suspend or revoke licenses in the manner provided by law;

 

(vi) Designate the time and place for examining applicants;

 

(vii) Appoint representatives to conduct or supervise theexamination;

 

(viii) Make and publish rules and regulations not inconsistentwith the laws of this state which are necessary to carry out the provisions ofthis act;

 

(ix) Appoint or employ subordinate employees.

 

33-35-119. Meetings of board.

 

Theboard shall meet during July of each calendar year to select a chairman and forother business. At least one (1) additional meeting shall be held before theend of each calendar year. Further meetings may be convened at the call of thechairman or on the written request of any three (3) board members.

 

33-35-120. Disposition of receipts.

 

Theboard shall report to the state treasurer by the fifth day of each month theamount and source of all revenue received by it during the preceding month, andshall pay the entire amount thereof into a separate account. The treasurer ishereby directed to establish such an account.

 

33-35-121. Penalties.

 

Violationof any provisions of this act are punishable, upon conviction, by a fine of notmore than four hundred dollars ($400.00) or imprisonment for not more thanninety (90) days, or both.

 

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