HB 1228 — HEARING AID DEALERS: Relative to the Louisiana Board of Hearing Aid Dealers

HLSENROLLED 26RS-1424 ENGROSSED Regular Session HOUSE BILL NO.

1228 BY REPRESENTATIVE CREWS HEARINGAN AIDACT DEALERS:To amend and reenact R.S.

Provides relative to the Louisiana Board of Hearing Aid Dealers AN ACT To amend and reenact R.S.

37:2441(B),2442(2),37:2441(B), 2442(2), 2444, 2444.1,2444.1,2444.2(A) 2444.2(A) and (B)(2), 2445(3), 2447, and 2450(A) are herebyamended and reenacted to read as follows:

Page(3)(2) 1Provideanadequatesupplyoflicensedhearingaiddealersthroughout ofthe 6state CODING:to serve as sponsors for applicants seeking temporary training permits pursuant to R.S.

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HLS 26RS-1424 ENGROSSED HB NO.

1228 (3)(2) Provideanadequatesupplyoflicensedhearingaiddealersthroughout the state to serve as sponsors for applicants seeking temporary training permits pursuant to R.S.

§2442.Page 1 of 5 CODING:

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HB NO.

1228 ENROLLED §2442.

* * * (2) "Hearing aid" means anywearableany wearable instrument or device designed for or represented as aiding or compensating for defective human hearing and any parts, attachments,attachments,oraccessoriesofsuchaninstrument or accessoriesofsuchaninstrumentdevice ordeviceasdefinedbytheas UniteddefinedbytheUnited States Food and Drug Administration.

contract Anyperson who engages in the fitting or selling of hearingaids shall deliver to each person supplied with a hearing aid, bybyhim him or at his order or direction, a bill of sale or contract which shall contain his signature and show the address of his regular place of business with a contact phone number, email address, and the number of his license, together with a description of the make, model, and serial number of the hearing aid furnished and the amount charged therefor.

The written receipt or contract shall provide the consumer with a thirty-daythirty-dayright right to cancel the purchase if the consumer finds that the hearing aid does not function adequatelyfortheconsumer.

Iftheconsumercancelsthehearingaidpurchasebased on this Subsection, the consumer may obtain a refund if he returns the hearing aid Pageto 2the ofseller 6in CODING:the same condition, ordinary wear and tear excluded, as when purchased.

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HLS 26RS-1424 ENGROSSED HB NO.

1228 to the seller in the same condition, ordinary wear and tear excluded, as when purchased.

The thirty-dayright to cancel period shall commence from either the date the hearing aid is originally delivered to the consumerPage or2 theof date5 theCODING: written receipt or contract is delivered to the consumer, whichever is later.

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HB NO.

1228 ENROLLED consumer or the date the written receipt or contract is delivered to the consumer, whichever is later.

Uponexerciseofthethirty-dayright tocancelahearingaidto purchase,thecancel ahearingaidpurchase,the seller of the hearing aid is entitled to a cancellation fee not to exceed fifteen percent of all fees charged to the consumer, including testing, fitting, counseling, and the purchasepriceofthehearingaidpurchasepriceof the hearingaid beforetaxes.

Aconsumermaycancelanytransactionforthepurchaseofahearingaid, without anypenaltyor obligation, within three business days of the date the hearing Pageaid 3is ofactually 6ordered CODING:by the consumer.

The consumer shall notify the seller of his intent to cancel by notifying the seller in person at the office where the transaction forthepurchasetookplace,orbyelectronicmail,orbymailpostmarkedwithinthree business days of the date the hearing aid is actually ordered by the consumer.

Upon such cancellation, any property traded in for credit, any payments made by the Page 3 of 5 CODING:

HLS 26RS-1424 ENGROSSED HB NO.

1228 aidENROLLED isconsumer actuallyunder orderedthe bythecontract consumer.or sale, and any negotiable instrument executed thereupon shall be returned by the seller to the consumer within ten business days following receipt by the seller of the cancellation notice.

The consumer shall notify the seller of his intent to cancel by notifying the seller in person at the office where the transaction forthepurchasetookplace,orbyelectronicmail,orbymailpostmarkedwithinthree business days of the date the hearing aid is actuallyordered bythe consumer.

Upon such cancellation, any property traded in for credit, any payments made by the consumer under the contract or sale, and any negotiable instrument executed thereupon shall be returned by the seller to the consumer within ten business days following receipt by the seller of the cancellation notice.

* * * (3) Has an education equivalent to a four-year course in an accreditedaccreditedhigh high school and two years of college or two years of accredited higher education or has continuously engaged in fitting and selling hearing aids during the two years preceding the effective date of this Chapter and is in good standing for a period of no less than two years from the date of application.

Scope of examination TheexaminationprovidedinR.S.37:2446shallconsistoftestsofknowledge in the areas of hearing testing and other areas to determine capability of fitting and Pagesellinghearingaids. 4 of 6 CODING:

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HLS 26RS-1424 ENGROSSED HB NO.

1228 sellinghearingaids.

* * * §2450.Page 4 of 5 CODING:

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HB NO.

1228 ENROLLED §2450.