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334.200 Requirements for sale or fitting of hearing instruments.
(1)
(2)
(3)
No individual licensed under this chapter shall sell or fit a hearing instrument to any
person unless within the preceding ninety (90) days:
(a) The person has been examined by and received a written, signed, and dated
approval for a hearing instrument from a duly licensed physician. The written
approval shall include a statement that the person examined has no known ear
diseases or conditions of the ear which might make the fitting and wearing of
a hearing instrument useless, or harmful to the person's health, or which might
interfere with the proper fitting and wearing of a hearing instrument; and,
(b) The person has received a hearing instrument evaluation, and a written,
signed, and dated recommendation for a hearing instrument from a physician
or an audiologist licensed or authorized to practice audiology pursuant to KRS
Chapter 334A. The written recommendation may take the form of a specific
recommendation as to the make and model of a hearing instrument or may
include a listing of specifications for a hearing instrument.
Any client eighteen (18) years of age or older may elect to sign a waiver to the
requirements of subsections (1)(a) and (b) of this section before the purchase of a
hearing instrument. The waiver shall be on a separate sheet of paper, shall be read to
the prospective purchaser of a hearing instrument, and shall recite: "I have been
advised by the seller (name) that the Food and Drug Administration has determined
that my best health interest would be served if I had a medical evaluation by a
licensed physician and preferably a physician who specializes in diseases of the ear
before purchasing a hearing instrument. I do not wish a medical evaluation before
purchasing a hearing instrument." The waiver shall be dated and signed by seller
and client.
Any person licensed to sell hearing instruments under this chapter shall maintain for
not less than three (3) years, in a file under the name of the person to whom a
hearing instrument was sold, a true copy of the written approval pursuant to
subsection (1)(a) of this section; and a true copy of the written recommendation for
a hearing instrument pursuant to subsection (1)(b) of this section or the waiver of
such written recommendation pursuant to subsection (2) of this section, and a true
copy of the written agreement, offer to purchase, or receipt given the person,
pursuant to KRS 334.030(1).
Effective: July 14, 1992
History: Amended 1992 Ky. Acts ch. 460, sec. 19, effective July 14, 1992. -- Created
1976 Ky. Acts ch. 276, sec. 2.
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