2007 California Business and Professions Code Article 1. General Provisions

CA Codes (bpc:3300-3321)

3300.  For the purposes of this chapter, the following definitions
shall apply:
   (a) "Person" includes any individual, partnership, corporation,
limited liability company, or other organization, or any combination
thereof.
   (b) "Advertise" and its variants include the use of a newspaper,
magazine, or other publication, book, notice, circular, pamphlet,
letter, handbill, poster, bill, sign, placard, card, label, tag,
window display, store sign, radio, or television announcement, or any
other means or methods now or hereafter employed to bring to the
attention of the public the practice of fitting or selling of hearing
aids.
   (c) "Department" means the Department of Consumer Affairs.
   (d) "Bureau" means the Hearing Aid Dispensers Bureau.
   (e) "Advisory committee" or "committee" means the Hearing Aid
Dispensers Advisory Committee.
   (f) "License" includes a temporary license.
   (g) "Licensee" means a person holding a license.
   (h) "Hearing aid" means any wearable instrument or device designed
for, or offered for the purpose of, aiding or compensating for
impaired human hearing.
   (i) "Director" means the Director of Consumer Affairs.
   (j) "Chief" means the Chief of the Hearing Aid Dispensers Bureau.



3306.  (a) "Practice of fitting or selling hearing aids," as used in
this chapter, means those practices used for the purpose of
selection and adaptation of hearing aids, including direct
observation of the ear, testing of hearing in connection with the
fitting and selling of hearing aids, taking of ear mold impressions,
fitting or sale of hearing aids, and any necessary postfitting
counseling.
   The practice of selling hearing aids does not include the act of
concluding the transaction by a retail clerk.
   When any audiometer or other equipment is used in the practice of
fitting or selling hearing aids, it shall be kept properly calibrated
and in good working condition, and the calibration of the audiometer
or other equipment shall be checked at least annually.
   (b) A hearing aid dispenser shall not conduct diagnostic hearing
tests when conducting tests in connection with the fitting or selling
of hearing aids.
   (c) Hearing tests conducted pursuant to this chapter shall include
those that are in compliance with the Food and Drug Administration
Guidelines for Hearing Aid Devices and those that are specifically
covered in the licensing examination prepared and administered by the
bureau.



3306.3.  A licensee may conduct hearing screenings at a health fair
or similar event by the application of a binary puretone screening at
a preset intensity level for the purpose of identifying the need for
further hearing or medical evaluation.
   Upon the conclusion of each hearing screening, the licensee shall
present to the person whose hearing was screened a written statement
containing the following provisions:
   "Results of a hearing screening are not a medical evaluation of
your ear nor a diagnosis of a hearing disorder but are only the
identification of the need for further medical or hearing evaluation."

   A licensee conducting hearing screenings pursuant to this section
shall not make or seek referrals for testing, fitting, or dispensing
of hearing aids.


3306.5.  In fitting hearing aids, a hearing aid dispenser shall not
take facial measurements or fit, adjust, or adapt lenses or spectacle
frames, except that a hearing aid dispenser may replace the temple
or temples of a person's spectacle frames with a temple or temples
incorporating hearing aid components.


3307.  "Hearing aid dispenser," as used in this chapter, means a
person engaged in the fitting or selling of hearing aids to an
individual with impaired hearing.



3308.  "Sell" or "sale" means any transfer of title or of the right
to use by lease, bailment, or any other contract, excluding wholesale
transactions with distributors or dealers.



3310.  This chapter shall be known and may be cited as the Hearing
Aid Dispensers Licensing Law.



3320.  (a) There is within the jurisdiction of the department the
Hearing Aid Dispensers Bureau.  The bureau is under the supervision
and control of the director.  The duty of enforcing and administering
this chapter is vested in the chief, who is responsible to the
director. The director may adopt and enforce those rules and
regulations that he or she determines are reasonably necessary to
carry out the purposes of this chapter and to declare the policy of
the bureau, including a system for the issuance of citations for
violations of this chapter as specified in Section 125.9.  These
rules and regulations shall be adopted pursuant to Chapter 4.5
(commencing with Section 11400) of Part 1 of Division 3 of Title 2 of
the Government Code.
   (b) The  Governor shall appoint a chief of the bureau, at a salary
to be fixed and determined by the director with the approval of the
Director of Finance.  The chief shall serve under the direction and
supervision of the director and at the pleasure of the Governor.



3320.1.  Protection of the public shall be the highest priority for
the Hearing Aid Dispensers Bureau in exercising its licensing,
regulatory, and disciplinary functions.  Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.



3321.  (a) There is within the bureau a Hearing Aid Dispensers
Advisory Committee.  The committee shall consist of seven members;
three of whom shall be licensed hearing aid dispensers and four of
whom shall be public members.  Only one of the licensed members may
also be licensed as an audiologist.
   (b) Each member of the committee shall hold office for a term of
four years.  Each member shall hold office until the appointment and
qualification of his or her successor or until one year shall have
elapsed since the expiration of the term for which he or she was
appointed, whichever first occurs.
   (c) Vacancies occurring shall be filled by appointment for the
unexpired term.  Each member of the committee shall be eligible for
reappointment in the discretion of the appointing power, provided
that reappointed members shall, at the time of the reappointment,
hold a valid license under this chapter.  No person may serve as a
member of the committee for more than two consecutive terms.
   (d) The Governor shall appoint two of the public members and the
three licensees.  The Senate Committee on Rules and the Speaker of
the Assembly shall each appoint a public member.  When appointing the
public members, consideration shall be given to appointing a
hearing-impaired individual.
   (e) Every member of the committee shall receive per diem and
expenses as provided in Section 103 and 113.
   (f) The advisory committee shall:
   (1) Examine the functions and policies of the bureau and make
recommendations with respect to policies, practices, and regulations
as may be deemed important and necessary by the director or the chief
to promote the interests of consumers or that otherwise promote the
welfare of the public.
   (2) Consider and make appropriate recommendations to the bureau in
all matters relating to hearing aid dispensing in this state.
   (3) Provide assistance as may be requested by the bureau in the
exercise of its powers or duties.
   (g) The bureau shall meet and consult with the committee regarding
general policy issues related to hearing aid dispensing.