Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 1506
Ì9741286Î974128
LEGISLATIVE ACTION
Senate . House
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The Committee on Health Policy (Rodriguez) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 1269 - 1890
4 and insert:
5 Section 18. Section 468.1115, Florida Statutes, is amended
6 to read:
7 468.1115 Exemptions.—
8 (1) No provision of This part may not shall be construed to
9 limit the practice of persons licensed in this state from
10 engaging in the professions for which they are licensed, so long
11 as they do not hold themselves out to the public as possessing a
12 license or certificate issued pursuant to this part or use a
13 title protected by this part.
14 (2) This part may not be construed to prohibit audiologists
15 from fitting, selling, dispensing, servicing, marketing,
16 providing customer support for, or distributing over-the-counter
17 hearing aids to persons 18 years of age or older.
18 (3) The provisions of This part does shall not apply to:
19 (a) Students actively engaged in a training program, if
20 such persons are acting under the direct supervision of a
21 licensed speech-language pathologist or a licensed audiologist.
22 (b) Persons practicing a licensed profession or operating
23 within the scope of their profession, such as doctors of
24 medicine, clinical psychologists, nurses, or hearing aid
25 specialists, who are properly licensed under the laws of this
26 state.
27 (c) Persons certified in the areas of speech-language
28 impairment or hearing impairment in this state under chapter
29 1012 when engaging in the profession for which they are
30 certified, or any person under the direct supervision of such a
31 certified person, or of a licensee under this chapter, when the
32 person under such supervision is performing hearing screenings
33 in a school setting for prekindergarten through grade 12.
34 (d) Laryngectomized individuals, rendering guidance and
35 instruction to other laryngectomized individuals, who are under
36 the supervision of a speech-language pathologist licensed under
37 this part or of a physician licensed under chapter 458 or
38 chapter 459 and qualified to perform this surgical procedure.
39 (e) Persons licensed by another state as speech-language
40 pathologists or audiologists who provide services within the
41 applicable scope of practice set forth in s. 468.1125(10) or
42 (11) s. 468.1125(6) or (7) for no more than 5 calendar days per
43 month or 15 calendar days per year under the direct supervision
44 of a Florida-licensed speech-language pathologist or
45 audiologist. A person whose state of residence does not license
46 speech-language pathologists or audiologists may also qualify
47 for this exemption, if the person holds a certificate of
48 clinical competence from the American Speech-Language and
49 Hearing Association and meets all other requirements of this
50 paragraph. In either case, the board shall hold the supervising
51 Florida licensee fully accountable for the services provided by
52 the out-of-state licensee.
53 (f) Nonlicensed persons working in a hospital setting who
54 provide newborn infant hearing screenings, so long as training,
55 clinical interpretation of the screenings, and the protocol for
56 followup of infants who fail in-hospital screenings are provided
57 by a licensed audiologist.
58 (g) An audiologist while engaged in fitting, selling,
59 dispensing, servicing, marketing, providing customer support
60 for, or distributing over-the-counter hearing aids.
61 (h) Any person who fits, sells, dispenses, services,
62 markets, provides customer support for, or distributes
63 exclusively over-the-counter hearing aids.
64 Section 19. Section 468.1125, Florida Statutes, is
65 reordered and amended to read:
66 468.1125 Definitions.—As used in this part, the term:
67 (1) “Air-conduction hearing aid” means a hearing aid that
68 conducts sound to the ear through the air.
69 (2) “Audiologist” means a person licensed under this part
70 to practice audiology.
71 (3)(2) “Board” means the Board of Speech-Language Pathology
72 and Audiology.
73 (4)(3) “Certified audiology assistant” means a person who
74 is certified under this part to perform audiology services under
75 the direct supervision of an audiologist.
76 (5)(4) “Certified speech-language pathology assistant”
77 means a person who is certified under this part to perform
78 speech pathology services under the direct supervision of a
79 speech pathologist.
80 (6)(5) “Department” means the Department of Health.
81 (8) “Hearing aid” means any wearable device designed for,
82 offered for the purpose of, or represented as aiding persons
83 with, or compensating for, impaired hearing, to be worn by a
84 hearing-impaired person to improve hearing.
85 (9) “Over-the-counter hearing aid” means an air-conduction
86 hearing aid that does not require implantation or other surgical
87 intervention and is intended for use only by a person 18 years
88 of age or older to compensate for perceived mild to moderate
89 hearing impairment. The device, through tools, tests, or
90 software, allows the user to control the hearing aid and
91 customize it to the user’s hearing needs. The device may use
92 wireless technology or may include tests for self-assessment of
93 hearing loss. The device is available over-the-counter, without
94 the supervision, prescription, or other order, involvement, or
95 intervention of a licensed person, to consumers through in
96 person transactions, by mail, or online, provided that the
97 device satisfies the requirements of 21 C.F.R. parts 800, 801,
98 and 874 (2022), which are specifically incorporated by reference
99 herein.
100 (10)(a)(6)(a) “Practice of audiology” means the application
101 of principles, methods, and procedures for the prevention,
102 identification, evaluation, consultation, habilitation,
103 rehabilitation, instruction, treatment, and research, relative
104 to hearing and the disorders of hearing, and to related language
105 and speech disorders. “Disorders” are defined to include any and
106 all conditions, whether of organic or nonorganic origin,
107 peripheral or central, that impede the normal process of human
108 communication, including, but not limited to, disorders of
109 auditory sensitivity, acuity, function, or processing, or damage
110 to the integrity of the physiological system.
111 (b) Any audiologist who has complied with the provisions of
112 this part may:
113 1. Offer, render, plan, direct, conduct, consult, or
114 supervise services to individuals or groups of individuals who
115 have or are suspected of having disorders of hearing, including
116 prevention, identification, evaluation, treatment, consultation,
117 habilitation, rehabilitation, instruction, and research.
118 2. Participate in hearing conservation, evaluation of noise
119 environment, and noise control.
120 3. Conduct and interpret tests of vestibular function and
121 nystagmus, electrophysiologic auditory-evoked potentials,
122 central auditory function, and calibration of measurement
123 equipment used for such purposes.
124 4. Habilitate and rehabilitate, including, but not limited
125 to, prescription hearing aid evaluation, prescription,
126 preparation, fitting and dispensing prescription hearing aids,
127 assistive listening device selection and orientation, auditory
128 training, aural habilitation, aural rehabilitation, speech
129 conservation, and speechreading.
130 5. Fabricate earmolds.
131 6. Evaluate tinnitus.
132 7. Include speech and language screening, limited to a
133 pass/fail determination for identifying individuals with
134 disorders of communication.
135 (11)(a)(7)(a) “Practice of speech-language pathology” means
136 the application of principles, methods, and procedures for the
137 prevention, identification, evaluation, treatment, consultation,
138 habilitation, rehabilitation, instruction, and research,
139 relative to the development and disorders of human
140 communication; to related oral and pharyngeal competencies; and
141 to behavior related to disorders of human communication.
142 “Disorders” are defined to include any and all conditions,
143 whether of organic or nonorganic origin, that impede the normal
144 process of human communication, including, but not limited to,
145 disorders and related disorders of speech, phonology,
146 articulation, fluency, voice, accent, verbal and written
147 language and related nonoral/nonverbal forms of language,
148 cognitive communication, auditory and visual processing, memory
149 and comprehension, interactive communication, mastication,
150 deglutition, and other oral, pharyngeal, and laryngeal
151 sensorimotor competencies.
152 (b) Any speech-language pathologist who has complied with
153 the provisions of this part may:
154 1. Offer, render, plan, direct, conduct, and supervise
155 services to individuals or groups of individuals who have or are
156 suspected of having disorders of human communication, including
157 identification, evaluation, treatment, consultation,
158 habilitation, rehabilitation, amelioration, instruction, and
159 research.
160 2. Determine the need for personal alternatives or
161 augmentative systems, and recommend and train for the
162 utilization of such systems.
163 3. Perform a hearing screening, limited to a pass/fail
164 determination, for the purpose of initial identification of
165 communication disorders.
166 (12) “Prescription hearing aid” means a hearing aid or
167 sound amplifying device that is not an over-the-counter hearing
168 aid. Hearing aids intended for use by persons younger than 18
169 years of age must be prescription hearing aids.
170 (13)(8) “Speech-language pathologist” means a person
171 licensed under this part to practice speech pathology.
172 (7)(9) “Direct supervision” means responsible supervision
173 and control by a licensed speech-language pathologist who shall
174 assume legal liability for the services rendered by any
175 certified speech-language pathology assistant under the
176 licensee’s supervision, or responsible supervision and control
177 by a licensed audiologist who shall assume legal liability for
178 the services rendered by any certified audiology assistant under
179 the licensee’s supervision. Direct supervision shall require the
180 physical presence of the licensed speech-language pathologist
181 for consultation and direction of the actions of the certified
182 speech-language pathology assistant, or the physical presence of
183 the licensed audiologist for consultation and direction of the
184 actions of the certified audiology assistant, unless the
185 assistant is acting under protocols established by the board.
186 The board shall establish rules further defining direct
187 supervision of a certified speech-language pathology assistant
188 or a certified audiology assistant.
189 Section 20. Section 468.1225, Florida Statutes, is amended
190 to read:
191 468.1225 Procedures, equipment, and protocols.—
192 (1) The following minimal procedures shall be used when a
193 licensed audiologist fits and sells a prescription hearing aid:
194 (a) Pure tone audiometric testing by air and bone to
195 determine the type and degree of hearing deficiency when
196 indicated.
197 (b) Effective masking when indicated.
198 (c) Appropriate testing to determine speech reception
199 thresholds, speech discrimination scores, the most comfortable
200 listening levels, uncomfortable loudness levels, and the
201 selection of the best fitting arrangement for maximum hearing
202 aid benefit when indicated.
203 (2) The following equipment shall be used:
204 (a) A wide range audiometer that which meets the
205 specifications of the American National Standards Institute for
206 diagnostic audiometers when indicated.
207 (b) A speech audiometer or a master hearing aid in order to
208 determine the most comfortable listening level and speech
209 discrimination when indicated.
210 (3) A final fitting ensuring physical and operational
211 comfort of the prescription hearing aid shall be made when
212 indicated.
213 (4) A licensed audiologist who fits and sells prescription
214 hearing aids shall obtain the following medical clearance: If,
215 upon inspection of the ear canal with an otoscope in the common
216 procedure of fitting a prescription hearing aid and upon
217 interrogation of the client, there is any recent history of
218 infection or any observable anomaly, the client shall be
219 instructed to see a physician, and a prescription hearing aid
220 may shall not be fitted until medical clearance is obtained for
221 the condition noted. If, upon return, the condition noted is no
222 longer observable and the client signs a medical waiver, a
223 prescription hearing aid may be fitted. Any person with a
224 significant difference between bone conduction hearing and air
225 conduction hearing must be informed of the possibility of
226 medical or surgical correction.
227 (5)(a) A licensed audiologist’s office must have available,
228 or have access to, a selection of prescription hearing aid
229 models, hearing aid supplies, and services complete enough to
230 accommodate the various needs of the hearing aid wearers.
231 (b) At the time of the initial examination for fitting and
232 sale of a prescription hearing aid, the attending audiologist
233 must notify the prospective purchaser of the benefits of
234 telecoil, also known as “t” coil or “t” switch, technology,
235 including increased access to telephones and noninvasive access
236 to assistive listening systems required under the Americans with
237 Disabilities Act of 1990.
238 (6) Unless otherwise indicated, each audiometric test
239 conducted by a licensee or a certified audiology assistant in
240 the fitting and selling of prescription hearing aids must shall
241 be made in a testing room that has been certified by the
242 department, or by an agent approved by the department, not to
243 exceed the following sound pressure levels at the specified
244 frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB,
245 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB,
246 and 8000Hz-67dB. An exception to this requirement shall be made
247 in the case of a client who, after being provided written notice
248 of the benefits and advantages of having the test conducted in a
249 certified testing room, requests that the test be conducted in a
250 place other than the licensee’s certified testing room. Such
251 request must shall be documented by a waiver that which includes
252 the written notice and is signed by the licensee and the client
253 before prior to the testing. The waiver must shall be executed
254 on a form provided by the department. The executed waiver must
255 shall be attached to the client’s copy of the contract, and a
256 copy of the executed waiver must shall be retained in the
257 licensee’s file.
258 (7) The board may shall have the power to prescribe the
259 minimum procedures and equipment used in the conducting of
260 hearing assessments and for the fitting and selling of
261 prescription hearing aids. The board shall adopt and enforce
262 rules necessary to implement carry out the provisions of this
263 subsection and subsection (6).
264 (8) Any duly authorized officer or employee of the
265 department may shall have the right to make such inspections and
266 investigations as are necessary in order to determine the state
267 of compliance with the provisions of this section and the
268 applicable rules and may enter the premises of a licensee and
269 inspect the records of same upon reasonable belief that a
270 violation of this law is being or has been committed or that the
271 licensee has failed or is failing to comply with the provisions
272 of this part.
273 (9) Any hearing aid provided to a person younger than 18
274 years of age must be a prescription hearing aid and may not be
275 an over-the-counter hearing aid.
276 Section 21. Section 468.1245, Florida Statutes, is amended
277 to read:
278 468.1245 Itemized listing of prices; delivery of
279 prescription hearing aid; receipt; guarantee; packaging;
280 disclaimer.—
281 (1) Before Prior to delivery of services or products to a
282 prospective purchaser, a licensee must shall disclose, upon
283 request by the prospective purchaser, an itemized listing of
284 prices, which must listing shall include separate price
285 estimates for each service component and each product. Provision
286 of such itemized listing of prices may shall not be predicated
287 on the prospective purchaser’s payment of any charge or
288 agreement to purchase any service or product.
289 (2) Any licensee who fits and sells a prescription hearing
290 aid shall, at the time of delivery, provide the purchaser with a
291 receipt containing the seller’s signature, the address of his or
292 her regular place of business, and his or her license or
293 certification number, if applicable, together with the brand,
294 model, manufacturer or manufacturer’s identification code, and
295 serial number of the prescription hearing aid furnished and the
296 amount charged for the prescription hearing aid. The receipt
297 must also shall specify whether the prescription hearing aid is
298 new, used, or rebuilt, and shall specify the length of time and
299 other terms of the guarantee, and by whom the prescription
300 hearing aid is guaranteed. When the client has requested an
301 itemized list of prices, the receipt must shall also provide an
302 itemization of the total purchase price, including, but not
303 limited to, the cost of the aid, ear mold, batteries, and other
304 accessories, and the cost of any services. Notice of the
305 availability of this service must be displayed in a conspicuous
306 manner in the office. The receipt must also shall state that any
307 complaint concerning the prescription hearing aid and its
308 guarantee, if not reconciled with the licensee from whom the
309 prescription hearing aid was purchased, should be directed by
310 the purchaser to the department. The address and telephone
311 number of such office must shall be stated on the receipt.
312 (3) A prescription No hearing aid may not be sold to any
313 person unless both the packaging containing the prescription
314 hearing aid and the contract provided pursuant to subsection (2)
315 carry the following disclaimer in 10-point or larger type: “A
316 hearing aid will not restore normal hearing, nor will it prevent
317 further hearing loss.”
318 Section 22. Section 468.1246, Florida Statutes, is amended
319 to read:
320 468.1246 Thirty-day trial period; purchaser’s right to
321 cancel; notice; refund; cancellation fee.—
322 (1) A person selling a prescription hearing aid in this
323 state must provide the buyer with written notice of a 30-day
324 trial period and money-back guarantee. The guarantee must permit
325 the purchaser to cancel the purchase for a valid reason as
326 defined by rule of the board within 30 days after receiving the
327 prescription hearing aid, by returning the prescription hearing
328 aid or mailing written notice of cancellation to the seller. If
329 the prescription hearing aid must be repaired, remade, or
330 adjusted during the 30-day trial period, the running of the 30
331 day trial period is suspended 1 day for each 24-hour period that
332 the prescription hearing aid is not in the purchaser’s
333 possession. A repaired, remade, or adjusted prescription hearing
334 aid must be claimed by the purchaser within 3 working days after
335 notification of availability. The running of the 30-day trial
336 period resumes on the day the purchaser reclaims a repaired,
337 remade, or adjusted prescription hearing aid or on the 4th day
338 after notification of availability.
339 (2) The board, in consultation with the Board of Hearing
340 Aid Specialists, shall prescribe by rule the terms and
341 conditions to be contained in the money-back guarantee and any
342 exceptions thereto. Such rule must shall provide, at a minimum,
343 that the charges for earmolds and service provided to fit the
344 prescription hearing aid may be retained by the licensee. The
345 rules must shall also set forth any reasonable charges to be
346 held by the licensee as a cancellation fee. Such rule shall be
347 effective on or before December 1, 1994. Should the board fail
348 to adopt such rule, a licensee may not charge a cancellation fee
349 which exceeds 5 percent of the total charge for a hearing aid
350 alone. The terms and conditions of the guarantee, including the
351 total amount available for refund, must shall be provided in
352 writing to the purchaser before prior to the signing of the
353 contract.
354 Section 23. Section 468.1255, Florida Statutes, is amended
355 to read:
356 468.1255 Cancellation by medical authorization; purchaser’s
357 right to return.—
358 (1) In addition to any other rights and remedies the
359 purchaser of a prescription hearing aid may have, the purchaser
360 has shall have the right to rescind the transaction if the
361 purchaser for whatever reason consults a licensed physician with
362 specialty board certification in otolaryngology or internal
363 medicine or a licensed family practice physician, subsequent to
364 purchasing a prescription hearing aid, and the physician
365 certifies in writing that the purchaser has a hearing impairment
366 for which a prescription hearing aid will not provide a benefit
367 or that the purchaser has a medical condition which
368 contraindicates the use of a prescription hearing aid.
369 (2) The purchaser of a prescription hearing aid has shall
370 have the right to rescind as provided in subsection (1) only if
371 the purchaser gives a written notice of the intent to rescind
372 the transaction to the seller at the seller’s place of business
373 by certified mail, return receipt requested, which notice shall
374 be posted not later than 60 days following the date of delivery
375 of the prescription hearing aid to the purchaser, and the
376 purchaser returns the prescription hearing aid to the seller in
377 the original condition less normal wear and tear.
378 (3) If the conditions of subsections (1) and (2) are met,
379 the seller must shall, without request, refund to the purchaser,
380 within 10 days after of the receipt of notice to rescind, a full
381 and complete refund of all moneys received, less 5 percent. The
382 purchaser does not shall incur any no additional liability for
383 rescinding the transaction.
384 Section 24. Section 468.1265, Florida Statutes, is amended
385 to read:
386 468.1265 Sale or distribution of prescription hearing aids
387 through mail; penalty.—It is unlawful for any person to sell or
388 distribute prescription hearing aids through the mail to the
389 ultimate consumer. Any person who violates this section commits
390 a misdemeanor of the second degree, punishable as provided in s.
391 775.082 or s. 775.083.
392 Section 25. Section 468.1275, Florida Statutes, is amended
393 to read:
394 468.1275 Place of business; display of license.—Each
395 licensee who fits and sells a prescription hearing aid shall
396 declare and establish a regular place of business, at which his
397 or her license shall be conspicuously displayed.
398 Section 26. Section 484.0401, Florida Statutes, is amended
399 to read:
400 484.0401 Purpose.—The Legislature recognizes that the
401 dispensing of prescription hearing aids requires particularized
402 knowledge and skill to ensure that the interests of the hearing
403 impaired public will be adequately served and safely protected.
404 It recognizes that a poorly selected or fitted prescription
405 hearing aid not only will give little satisfaction but may
406 interfere with hearing ability and, therefore, deems it
407 necessary in the interest of the public health, safety, and
408 welfare to regulate the dispensing of prescription hearing aids
409 in this state. Restrictions on the fitting and selling of
410 prescription hearing aids shall be imposed only to the extent
411 necessary to protect the public from physical and economic harm,
412 and restrictions shall not be imposed in a manner which will
413 unreasonably affect the competitive market.
414 Section 27. Section 484.041, Florida Statutes, is reordered
415 and amended to read:
416 484.041 Definitions.—As used in this part, the term:
417 (1) “Air-conduction hearing aid” means a hearing aid that
418 conducts sound to the ear through the air.
419 (2) “Board” means the Board of Hearing Aid Specialists.
420 (3)(2) “Department” means the Department of Health.
421 (4)(3) “Dispensing prescription hearing aids” means and
422 includes:
423 (a) Conducting and interpreting hearing tests for purposes
424 of selecting suitable prescription hearing aids, making earmolds
425 or ear impressions, and providing appropriate counseling.
426 (b) All acts pertaining to the selling, renting, leasing,
427 pricing, delivery, and warranty of prescription hearing aids.
428 (7)(4) “Hearing aid specialist” means a person duly
429 licensed in this state to practice the dispensing of
430 prescription hearing aids.
431 (5) “Hearing aid” means any wearable an amplifying device
432 designed for, offered for the purpose of, or represented as
433 aiding persons with, or compensating for, impaired hearing to be
434 worn by a hearing-impaired person to improve hearing.
435 (11)(6) “Trainee” means a person studying prescription
436 hearing aid dispensing under the direct supervision of an active
437 licensed hearing aid specialist for the purpose of qualifying
438 for certification to sit for the licensure examination.
439 (6)(7) “Hearing aid establishment” means any establishment
440 in this the state which employs a licensed hearing aid
441 specialist who offers, advertises, and performs hearing aid
442 services for the general public.
443 (8) “Over-the-counter hearing aid” means an air-conduction
444 hearing aid that does not require implantation or other surgical
445 intervention and is intended for use only by a person 18 years
446 of age or older to compensate for perceived mild to moderate
447 hearing impairment. The device, through tools, tests, or
448 software, allows the user to control the hearing aid and
449 customize it to the user’s hearing needs. The device may use
450 wireless technology or may include tests for self-assessment of
451 hearing loss. The device is available over-the-counter, without
452 the supervision, prescription, or other order, involvement, or
453 intervention of a licensed person, to consumers through in
454 person transactions, by mail, or online, provided that the
455 device satisfies the requirements of 21 C.F.R. parts 800, 801,
456 and 874 (2022), which are specifically incorporated by reference
457 herein.
458 (9) “Prescription hearing aid” means a hearing aid or sound
459 amplifying device that is not an over-the-counter hearing aid.
460 Hearing aids intended for use by persons younger than 18 years
461 of age must be prescription hearing aids.
462 (10) “Sponsor” means an active, licensed hearing aid
463 specialist under whose direct supervision one or more trainees
464 are studying prescription hearing aid dispensing for the purpose
465 of qualifying for certification to sit for the licensure
466 examination.
467 Section 28. Subsection (2) of section 484.042, Florida
468 Statutes, is amended to read:
469 484.042 Board of Hearing Aid Specialists; membership,
470 appointment, terms.—
471 (2) Five members of the board shall be hearing aid
472 specialists who have been licensed and practicing the dispensing
473 of prescription hearing aids in this state for at least the
474 preceding 4 years. The remaining four members, none of whom
475 shall derive economic benefit from the fitting or dispensing of
476 hearing aids, shall be appointed from the resident lay public of
477 this state. One of the lay members shall be a prescription
478 hearing aid user but may not neither be nor have been a hearing
479 aid specialist or a licensee of a closely related profession.
480 One lay member shall be an individual age 65 or over. One lay
481 member shall be an otolaryngologist licensed pursuant to chapter
482 458 or chapter 459.
483 Section 29. Subsection (2) of section 484.044, Florida
484 Statutes, is amended to read:
485 484.044 Authority to make rules.—
486 (2) The board shall adopt rules requiring that each
487 prospective purchaser of a prescription hearing aid be notified
488 by the attending hearing aid specialist, at the time of the
489 initial examination for fitting and sale of a hearing aid, of
490 telecoil, “t” coil, or “t” switch technology. The rules shall
491 further require that hearing aid specialists make available to
492 prospective purchasers or clients information regarding
493 telecoils, “t” coils, or “t” switches. These rules shall be
494 effective on or before October 1, 1994.
495 Section 30. Subsection (2) of section 484.0445, Florida
496 Statutes, is amended to read:
497 484.0445 Training program.—
498 (2) A trainee shall perform the functions of a hearing aid
499 specialist in accordance with board rules only under the direct
500 supervision of a licensed hearing aid specialist. The term
501 “direct supervision” means that the sponsor is responsible for
502 all work being performed by the trainee. The sponsor or a
503 hearing aid specialist designated by the sponsor shall give
504 final approval to work performed by the trainee and shall be
505 physically present at the time the prescription hearing aid is
506 delivered to the client.
507 Section 31. Subsection (2) of section 484.045, Florida
508 Statutes, is amended to read:
509 484.045 Licensure by examination.—
510 (2) The department shall license each applicant who the
511 board certifies meets all of the following criteria:
512 (a) Has completed the application form and remitted the
513 required fees.;
514 (b) Is of good moral character.;
515 (c) Is 18 years of age or older.;
516 (d) Is a graduate of an accredited high school or its
517 equivalent.;
518 (e)1. Has met the requirements of the training program; or
519 2.a. Has a valid, current license as a hearing aid
520 specialist or its equivalent from another state and has been
521 actively practicing in such capacity for at least 12 months; or
522 b. Is currently certified by the National Board for
523 Certification in Hearing Instrument Sciences and has been
524 actively practicing for at least 12 months.;
525 (f) Has passed an examination, as prescribed by board
526 rule.; and
527 (g) Has demonstrated, in a manner designated by rule of the
528 board, knowledge of state laws and rules relating to the fitting
529 and dispensing of prescription hearing aids.
530 Section 32. Section 484.0501, Florida Statutes, is amended
531 to read:
532 484.0501 Minimal procedures and equipment.—
533 (1) The following minimal procedures shall be used in the
534 fitting and selling of prescription hearing aids:
535 (a) Pure tone audiometric testing by air and bone to
536 determine the type and degree of hearing deficiency.
537 (b) Effective masking when indicated.
538 (c) Appropriate testing to determine speech reception
539 thresholds, speech discrimination scores, the most comfortable
540 listening levels, uncomfortable loudness levels, and the
541 selection of the best fitting arrangement for maximum hearing
542 aid benefit.
543 (2) The following equipment shall be used:
544 (a) A wide range audiometer that which meets the
545 specifications of the American National Standards Institute for
546 diagnostic audiometers.
547 (b) A speech audiometer or a master hearing aid in order to
548 determine the most comfortable listening level and speech
549 discrimination.
550 (3) A final fitting ensuring physical and operational
551 comfort of the prescription hearing aid shall be made.
552 (4) The following medical clearance shall be obtained: If,
553 upon inspection of the ear canal with an otoscope in the common
554 procedure of a prescription hearing aid fitter and upon
555 interrogation of the client, there is any recent history of
556 infection or any observable anomaly, the client must shall be
557 instructed to see a physician, and a prescription hearing aid
558 may shall not be fitted until medical clearance is obtained for
559 the condition noted. If, upon return, the condition noted is no
560 longer observable and the client signs a medical waiver, a
561 prescription hearing aid may be fitted. Any person with a
562 significant difference between bone conduction hearing and air
563 conduction hearing must be informed of the possibility of
564 medical correction.
565 (5)(a) A prescription hearing aid establishment office must
566 have available, or have access to, a selection of prescription
567 hearing aid models, hearing aid supplies, and services complete
568 enough to accommodate the various needs of the prescription
569 hearing aid wearers.
570 (b) At the time of the initial examination for fitting and
571 sale of a prescription hearing aid, the attending hearing aid
572 specialist shall must notify the prospective purchaser or client
573 of the benefits of telecoil, “t” coil, or “t” switch technology,
574 including increased access to telephones and noninvasive access
575 to assistive listening systems required under the Americans with
576 Disabilities Act of 1990.
577 (6) Each audiometric test conducted by a licensee or
578 authorized trainee in the fitting and selling of prescription
579 hearing aids must shall be made in a testing room that has been
580 certified by the department, or by an agent approved by the
581 department, not to exceed the following sound pressure levels at
582 the specified frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB,
583 1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB,
584 6000Hz-62dB, and 8000Hz-67dB. An exception to this requirement
585 shall be made in the case of a client who, after being provided
586 written notice of the benefits and advantages of having the test
587 conducted in a certified testing room, requests that the test be
588 conducted in a place other than the licensee’s certified testing
589 room. Such request must shall be documented by a waiver which
590 includes the written notice and is signed by the licensee and
591 the client before prior to the testing. The waiver must shall be
592 executed on a form provided by the department. The executed
593 waiver must shall be attached to the client’s copy of the
594 contract, and a copy of the executed waiver must shall be
595 retained in the licensee’s file.
596 (7) The board may shall have the power to prescribe the
597 minimum procedures and equipment which must shall be used in the
598 conducting of hearing assessments, and for the fitting and
599 selling of prescription hearing aids, including equipment that
600 will measure the prescription hearing aid’s response curves to
601 ensure that they meet the manufacturer’s specifications. These
602 procedures and equipment may differ from those provided in this
603 section in order to take full advantage of devices and equipment
604 which may hereafter become available and which are demonstrated
605 to be of greater efficiency and accuracy. The board shall adopt
606 and enforce rules necessary to implement carry out the
607 provisions of this subsection and subsection (6).
608 (8) Any duly authorized officer or employee of the
609 department may shall have the right to make such inspections and
610 investigations as are necessary in order to determine the state
611 of compliance with the provisions of this section and the
612 applicable rules and may enter the premises of a licensee and
613 inspect the records of same upon reasonable belief that a
614 violation of this law is being or has been committed or that the
615 licensee has failed or is failing to comply with the provisions
616 of this part act.
617 (9) A licensed hearing aid specialist may fit, sell,
618 dispense, service, market, provide customer support for, and
619 distribute prescription and over-the-counter hearing aids.
620 However, over-the-counter hearing aids may be provided only to
621 persons 18 years of age or older.
622 Section 33. Section 484.051, Florida Statutes, is amended
623 to read:
624 484.051 Itemization of prices; delivery of prescription
625 hearing aid; receipt, packaging, disclaimer, guarantee.—
626 (1) Before Prior to delivery of services or products to a
627 prospective purchaser, any person who fits and sells
628 prescription hearing aids must shall disclose on request by the
629 prospective purchaser an itemized listing of prices, which must
630 listing shall include separate price estimates for each service
631 component and each product. Provision of such itemized listing
632 of prices may shall not be predicated on the prospective
633 purchaser’s payment of any charge or agreement to purchase any
634 service or product.
635 (2) Any person who fits and sells a prescription hearing
636 aid must shall, at the time of delivery, provide the purchaser
637 with a receipt containing the seller’s signature, the address of
638 her or his regular place of business, and her or his license or
639 trainee registration number, if applicable, together with the
640 brand, model, manufacturer or manufacturer’s identification
641 code, and serial number of the prescription hearing aid
642 furnished and the amount charged for the prescription hearing
643 aid. The receipt must also shall specify whether the
644 prescription hearing aid is new, used, or rebuilt, and shall
645 specify the length of time and other terms of the guarantee, and
646 by whom the prescription hearing aid is guaranteed. If When the
647 client has requested an itemized list of prices, the receipt
648 must shall also provide an itemization of the total purchase
649 price, including, but not limited to, the cost of the aid,
650 earmold, batteries and other accessories, and any services.
651 Notice of the availability of this service shall be displayed in
652 a conspicuous manner in the office. The receipt must also shall
653 state that any complaint concerning the prescription hearing aid
654 and guarantee therefor, if not reconciled with the licensee from
655 whom the prescription hearing aid was purchased, should be
656 directed by the purchaser to the Department of Health. The
657 address and telephone number of such office must shall be stated
658 on the receipt.
659 (3) A prescription No hearing aid may not be sold to any
660 person unless both the packaging containing the prescription
661 hearing aid and the itemized receipt provided pursuant to
662 subsection (2) carry the following disclaimer in 10-point or
663 larger type: “A hearing aid will not restore normal hearing, nor
664 will it prevent further hearing loss.”
665 Section 34. Section 484.0512, Florida Statutes, is amended
666 to read:
667 484.0512 Thirty-day trial period; purchaser’s right to
668 cancel; notice; refund; cancellation fee; criminal penalty.—
669 (1) A person selling a prescription hearing aid in this
670 state must provide the buyer with written notice of a 30-day
671 trial period and money-back guarantee. The guarantee must permit
672 the purchaser to cancel the purchase for a valid reason, as
673 defined by rule of the board rule, within 30 days after
674 receiving the prescription hearing aid, by returning the
675 prescription hearing aid or mailing written notice of
676 cancellation to the seller. If the prescription hearing aid must
677 be repaired, remade, or adjusted during the 30-day trial period,
678 the running of the 30-day trial period is suspended 1 day for
679 each 24-hour period that the prescription hearing aid is not in
680 the purchaser’s possession. A repaired, remade, or adjusted
681 prescription hearing aid must be claimed by the purchaser within
682 3 working days after notification of availability. The running
683 of the 30-day trial period resumes on the day the purchaser
684 reclaims the repaired, remade, or adjusted prescription hearing
685 aid or on the fourth day after notification of availability,
686 whichever occurs earlier.
687 (2) The board, in consultation with the Board of Speech
688 Language Pathology and Audiology, shall prescribe by rule the
689 terms and conditions to be contained in the money-back guarantee
690 and any exceptions thereto. Such rules must rule shall provide,
691 at a minimum, that the charges for earmolds and service provided
692 to fit the prescription hearing aid may be retained by the
693 licensee. The rules must shall also set forth any reasonable
694 charges to be held by the licensee as a cancellation fee. Such
695 rule shall be effective on or before December 1, 1994. Should
696 the board fail to adopt such rule, a licensee may not charge a
697 cancellation fee which exceeds 5 percent of the total charge for
698 a hearing aid alone. The terms and conditions of the guarantee,
699 including the total amount available for refund, must shall be
700 provided in writing to the purchaser before prior to the signing
701 of the contract.
702 (3) Within 30 days after the return or attempted return of
703 the prescription hearing aid, the seller shall refund all moneys
704 that must be refunded to a purchaser pursuant to this section. A
705 violation of this subsection is a misdemeanor of the first
706 degree, punishable as provided in s. 775.082 or s. 775.083.
707 (4) For purposes of this section, the term “seller” or
708 “person selling a prescription hearing aid” includes:
709 (a) Any natural person licensed under this part or any
710 other natural person who signs a sales receipt required by s.
711 484.051(2) or s. 468.1245(2) or who otherwise fits, delivers, or
712 dispenses a prescription hearing aid.
713 (b) Any business organization, whether a sole
714 proprietorship, partnership, corporation, professional
715 association, joint venture, business trust, or other legal
716 entity, that which dispenses a prescription hearing aid or
717 enters into an agreement to dispense a prescription hearing aid.
718 (c) Any person who controls, manages, or operates an
719 establishment or business that dispenses a prescription hearing
720 aid or enters into an agreement to dispense a prescription
721 hearing aid.
722 Section 35. Section 484.0513, Florida Statutes, is amended
723 to read:
724 484.0513 Cancellation by medical authorization; purchaser’s
725 right to return.—
726 (1) In addition to any other rights and remedies the
727 purchaser of a prescription hearing aid may have, the purchaser
728 has shall have the right to rescind the transaction if the
729 purchaser for whatever reason consults a licensed physician with
730 specialty board certification in otolaryngology or internal
731 medicine or a licensed family practice physician, subsequent to
732 purchasing a prescription hearing aid, and the physician
733 certifies in writing that the purchaser has a hearing impairment
734 for which a prescription hearing aid will not provide a benefit
735 or that the purchaser has a medical condition which
736 contraindicates the use of a prescription hearing aid.
737 (2) The purchaser of a prescription hearing aid has shall
738 have the right to rescind as provided in subsection (1) only if
739 the purchaser gives a written notice of the intent to rescind
740 the transaction to the seller at the seller’s place of business
741 by certified mail, return receipt requested, which must notice
742 shall be posted within not later than 60 days after following
743 the date of delivery of the prescription hearing aid to the
744 purchaser, and the purchaser returns the prescription hearing
745 aid to the seller in the original condition less normal wear and
746 tear.
747 (3) If the conditions of subsections (1) and (2) are met,
748 the seller must shall, without request, refund to the purchaser,
749 within 10 days after of the receipt of the notice to rescind, a
750 full and complete refund of all moneys received, less 5 percent.
751 The purchaser does not shall incur any no additional liability
752 for rescinding the transaction.
753 Section 36. Section 484.053, Florida Statutes, is amended
754 to read:
755 484.053 Prohibitions; penalties.—
756 (1) A person may not:
757 (a) Practice dispensing prescription hearing aids unless
758 the person is a licensed hearing aid specialist;
759 (b) Use the name or title “hearing aid specialist” when the
760 person has not been licensed under this part;
761 (c) Present as her or his own the license of another;
762 (d) Give false, incomplete, or forged evidence to the board
763 or a member thereof for the purposes of obtaining a license;
764 (e) Use or attempt to use a hearing aid specialist license
765 that is delinquent or has been suspended, revoked, or placed on
766 inactive status;
767 (f) Knowingly employ unlicensed persons in the practice of
768 dispensing prescription hearing aids; or
769 (g) Knowingly conceal information relative to violations of
770 this part.
771 (2) Any person who violates any provision of the provisions
772 of this section is guilty of a felony of the third degree,
773 punishable as provided in s. 775.082 or s. 775.083.
774 (3) If a person licensed under this part allows the sale of
775 a prescription hearing aid by an unlicensed person not
776 registered as a trainee or fails to comply with the requirements
777 of s. 484.0445(2) relating to supervision of trainees, the board
778 must shall, upon determination of that violation, order the full
779 refund of moneys paid by the purchaser upon return of the
780 prescription hearing aid to the seller’s place of business.
781 Section 37. Section 484.054, Florida Statutes, is amended
782 to read:
783 484.054 Sale or distribution of prescription hearing aids
784 through mail; penalty.—It is unlawful for any person to sell or
785 distribute prescription hearing aids through the mail to the
786 ultimate consumer. Any violation of this section constitutes a
787 misdemeanor of the second degree, punishable as provided in s.
788 775.082 or s. 775.083.
789 Section 38. Section 484.059, Florida Statutes, is amended
790 to read:
791 484.059 Exemptions.—
792 (1) The licensure requirements of this part do not apply to
793 any person engaged in recommending prescription hearing aids as
794 part of the academic curriculum of an accredited institution of
795 higher education, or as part of a program conducted by a public
796 charitable institution supported primarily by voluntary
797 contribution, provided this organization does not dispense or
798 sell prescription hearing aids or accessories.
799 (2) The licensure requirements of this part do not apply to
800 any person licensed to practice medicine in this the state,
801 except that such physician must shall comply with the
802 requirement of periodic filing of the certificate of testing and
803 calibration of audiometric equipment as provided in this part. A
804 No person employed by or working under the supervision of a
805 person licensed to practice medicine may not shall perform any
806 services or acts which would constitute the dispensing of
807 prescription hearing aids as defined in s. 484.041 s.
808 484.041(3), unless such person is a licensed hearing aid
809 specialist.
810 (3) The licensure requirements of this part do not apply to
811 an audiologist licensed under pursuant to part I of chapter 468.
812 (4) Section The provisions of s. 484.053(1)(a) does shall
813 not apply to registered trainees operating in compliance with
814 this part and board rules of the board.
815 (5) The licensure requirements of this part do not apply to
816 a person who fits, sells, dispenses, services, markets, provides
817 customer support for, or distributes exclusively over-the
818 counter hearing aids.
819 Section 39. Paragraph (b) of subsection (4) of section
820 1002.394, Florida Statutes, is amended to read:
821 1002.394 The Family Empowerment Scholarship Program.—
822 (4) AUTHORIZED USES OF PROGRAM FUNDS.—
823 (b) Program funds awarded to a student with a disability
824 determined eligible pursuant to paragraph (3)(b) may be used for
825 the following purposes:
826 1. Instructional materials, including digital devices,
827 digital periphery devices, and assistive technology devices that
828 allow a student to access instruction or instructional content
829 and training on the use of and maintenance agreements for these
830 devices.
831 2. Curriculum as defined in subsection (2).
832 3. Specialized services by approved providers or by a
833 hospital in this state which are selected by the parent. These
834 specialized services may include, but are not limited to:
835 a. Applied behavior analysis services as provided in ss.
836 627.6686 and 641.31098.
837 b. Services provided by speech-language pathologists as
838 defined in s. 468.1125 s. 468.1125(8).
839 c. Occupational therapy as defined in s. 468.203.
840 d. Services provided by physical therapists as defined in
841 s. 486.021(8).
842 e. Services provided by listening and spoken language
843 specialists and an appropriate acoustical environment for a
844 child who has a hearing impairment, including deafness, and who
845 has received an implant or assistive hearing device.
846 4. Tuition or fees associated with full-time or part-time
847 enrollment in a home education program, an eligible private
848 school, an eligible postsecondary educational institution or a
849 program offered by the postsecondary educational institution, a
850 private tutoring program authorized under s. 1002.43, a virtual
851 program offered by a department-approved private online provider
852 that meets the provider qualifications specified in s.
853 1002.45(2)(a), the Florida Virtual School as a private paying
854 student, or an approved online course offered pursuant to s.
855 1003.499 or s. 1004.0961.
856 5. Fees for nationally standardized, norm-referenced
857 achievement tests, Advanced Placement Examinations, industry
858 certification examinations, assessments related to postsecondary
859 education, or other assessments.
860 6. Contributions to the Stanley G. Tate Florida Prepaid
861 College Program pursuant to s. 1009.98 or the Florida College
862 Savings Program pursuant to s. 1009.981 for the benefit of the
863 eligible student.
864 7. Contracted services provided by a public school or
865 school district, including classes. A student who receives
866 services under a contract under this paragraph is not considered
867 enrolled in a public school for eligibility purposes as
868 specified in subsection (6).
869 8. Tuition and fees for part-time tutoring services
870 provided by a person who holds a valid Florida educator’s
871 certificate pursuant to s. 1012.56, a person who holds an
872 adjunct teaching certificate pursuant to s. 1012.57, a person
873 who has a bachelor’s degree or a graduate degree in the subject
874 area in which instruction is given, a person who has
875 demonstrated a mastery of subject area knowledge pursuant to s.
876 1012.56(5), or a person certified by a nationally or
877 internationally recognized research-based training program as
878 approved by the department. As used in this paragraph, the term
879 “part-time tutoring services” does not qualify as regular school
880 attendance as defined in s. 1003.01(13)(e).
881 9. Fees for specialized summer education programs.
882 10. Fees for specialized after-school education programs.
883 11. Transition services provided by job coaches.
884 12. Fees for an annual evaluation of educational progress
885 by a state-certified teacher under s. 1002.41(1)(f), if this
886 option is chosen for a home education student.
887 13. Tuition and fees associated with programs offered by
888 Voluntary Prekindergarten Education Program providers approved
889 pursuant to s. 1002.55 and school readiness providers approved
890 pursuant to s. 1002.88.
891 14. Fees for services provided at a center that is a member
892 of the Professional Association of Therapeutic Horsemanship
893 International.
894 15. Fees for services provided by a therapist who is
895 certified by the Certification Board for Music Therapists or
896 credentialed by the Art Therapy Credentials Board, Inc.
897
898 ================= T I T L E A M E N D M E N T ================
899 And the title is amended as follows:
900 Delete lines 72 - 96
901 and insert:
902 examination; amending s. 468.1115, F.S.; providing
903 construction and applicability; conforming a cross
904 reference; reordering and amending s. 468.1125, F.S.;
905 providing and revising definitions; amending ss.
906 468.1225 and 468.1245, F.S.; revising the scope of
907 practice for audiologists, as it relates to hearing
908 aids to apply to prescription hearing aids only;
909 requiring that hearing aids provided to persons
910 younger than 18 years of age be prescription hearing
911 aids and not over-the-counter hearing aids; amending
912 s. 468.1246, F.S.; conforming provisions to changes
913 made by the act; deleting obsolete language; amending
914 ss. 468.1255, 468.1265, and 468.1275, F.S.; conforming
915 provisions to changes made by the act; amending s.
916 484.0401, F.S.; revising legislative findings and
917 intent to conform to changes made by the act;
918 reordering and amending s. 484.041, F.S.; providing
919 and revising definitions; amending s. 484.042, F.S.;
920 revising membership requirements for members of the
921 Board of Hearing Aid Specialists; amending s. 484.044,
922 F.S.; revising the board’s rulemaking authority;
923 deleting obsolete language; amending ss. 484.0445,
924 484.045, 484.0501, and 484.051, F.S.; revising the
925 scope of practice for hearing aid specialists and
926 making conforming changes to licensure and practice
927 requirements; amending s. 484.0512, F.S.; conforming
928 provisions to changes made by the act; deleting
929 obsolete language; amending ss. 484.0513, 484.053, and
930 484.054, F.S.; conforming provisions to changes made
931 by the act; amending s. 484.059, F.S.; conforming
932 provisions to changes made by the act; providing
933 applicability; amending s. 1002.394, F.S.; conforming
934 a cross-reference; providing a