*See Sec. 19a-88b re renewal of certain professional and occupational licenses, certificates, permits or registrations which become void while the holder is on active duty in the armed forces of the United States.
Cited. 207 C. 674.
Sec. 20-397. Advisory Council on Hearing Aids.
Sec. 20-398. License required; qualifications; examination; fees.
Sec. 20-399. Licensure of out-of-state licensees.
Sec. 20-400. Temporary permit.
Sec. 20-401. Business address to be furnished department. Posting of license. Notices to licensees.
Sec. 20-402. Renewal of license. Continuing education requirements. Reinstatement of void licenses.
Sec. 20-402a. Thirty-day trial period. Buyer's right to cancel.
Sec. 20-403. Consumer to be advised to seek medical care, when.
Sec. 20-404. Disciplinary action; grounds.
Sec. 20-396. Definitions. As used in this chapter, except as the context may require otherwise:
(1) “Department” means the Department of Public Health;
(2) “Commissioner” means the Commissioner of Public Health;
(3) “Hearing aid” means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing, and any parts, attachments or accessories, excluding batteries, earmolds and cords;
(4) “Practice of fitting hearing aids” means the comprehensive measurement of human hearing and determination and use of appropriate amplification related to hearing disorders, including, but not limited to, screening for the preexisting otological disorders listed in section 20-403, the making of impressions for earmolds, the making of selections and adaptation of hearing aids and the instruction and counseling in their use;
(5) “Licensed hearing instrument specialist” means a person, other than an audiologist or physician, licensed to engage in the practice of fitting or selling hearing aids;
(6) “Sell” or “sale” means any transfer of title or of the right to use by lease, or any other contract, for a consideration, excluding wholesale transactions with distributors or hearing instrument specialists;
(7) “Otolaryngologist” means a physician licensed under chapter 370 who is certified by the American Board of Otolaryngology and includes physicians in training programs approved by the American Board of Otolaryngology;
(8) “Audiologist” means a person who is licensed under sections 20-395a to 20-395g, inclusive, as an audiologist;
(9) “Used hearing aid” means a hearing aid that has been previously sold, leased or rented to a hearing aid user.
(1972, P.A. 295, S. 1; P.A. 74-155, S. 1, 3; P.A. 77-473, S. 1; 77-614, S. 323, 334, 610; P.A. 80-484, S. 130, 176; P.A. 87-60, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; 95-360, S. 1; P.A. 99-111, S. 2; P.A. 09-232, S. 79.)
History: P.A. 74-155 redefined “hearing aid” to specifically exclude earmolds which had previously been specifically included; P.A. 77-473 redefined “practice of fitting hearing aids” to specifically exclude making selections of hearing aids and to delete reference to selling from both term and definition, redefined “audiologist” as one licensed under chapter 399 rather than as one granted certificate of competence by American Speech and Hearing Association and defined “used hearing aid” and “member of the public”, in new Subdivs. (10) and (11); P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services and deleted Subdiv. (3) defining “council” as advisory council on hearing aids, renumbering remaining subsections accordingly, effective January 1, 1979; P.A. 80-484 deleted Subdiv. (10), formerly (11), defining “member of the public”; P.A. 87-60 redefined “practice of fitting hearing aids” to include the making of selections of hearing aids and deleted reference to an audiometer for the measurement of hearing; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-360 redefined “otolaryngologist”, changing licensure “in this state” to “under chapter 370”; P.A. 99-111 made technical changes, replaced references to hearing aid dealers with references to hearing instrument specialists, amended Subdiv. (4) to redefine “practice of fitting hearing aids” and amended Subdiv. (5) to define “licensed hearing instrument specialist”; P.A. 09-232 amended Subdiv. (8) by replacing reference to Ch. 399 with reference to Secs. 20-395a to 20-395g.
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Sec. 20-397. Advisory Council on Hearing Aids. Section 20-397 is repealed.
(1972, P.A. 295, S. 2; P.A. 77-473, S. 2; 77-614, S. 609, 610.)
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Sec. 20-398. License required; qualifications; examination; fees. (a) No person may engage in the practice of fitting or selling hearing aids, or display a sign or in any other way advertise or claim to be a person who sells or engages in the practice of fitting or selling hearing aids unless such person has obtained a license under this chapter or as an audiologist under sections 20-395a to 20-395g, inclusive. No person may receive a license, except as provided in subsection (b) of this section, unless such person has submitted proof satisfactory to the department that such person has completed a four-year course at an approved high school or has an equivalent education as determined by the department; has satisfactorily completed a course of study in the fitting and selling of hearing aids or a period of training approved by the department; and has satisfactorily passed a written, oral and practical examination given by the department. Application for the examination shall be on forms prescribed and furnished by the department. Examinations shall be given at least twice yearly. The fee for the examination shall be two hundred dollars; and for the initial license and each renewal thereof shall be two hundred fifty-five dollars.
(b) Nothing in this chapter shall prohibit a corporation, partnership, trust, association or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail, provided such organization employs only persons licensed, in accordance with the provisions of this chapter or as audiologists under sections 20-395a to 20-395g, inclusive, in the direct sale and fitting of such products.
(c) Nothing in this chapter shall prohibit a hearing instrument specialist licensed under this chapter from making impressions for earmolds or a physician licensed in this state or an audiologist licensed under the provisions of sections 20-395a to 20-395g, inclusive, from making impressions for earmolds in the course of such person's clinical practice.
(1972, P.A. 295, S. 3; P.A. 73-437; P.A. 74-155, S. 2, 3; P.A. 76-113, S. 15; P.A. 77-473, S. 3; P.A. 80-484, S. 156, 176; P.A. 88-357, S. 13; P.A. 89-251, S. 143, 203; May Sp. Sess. P.A. 92-6, S. 39, 117; P.A. 95-360, S. 2; P.A. 99-111, S. 3; June 30 Sp. Sess. P.A. 03-3, S. 26; P.A. 09-232, S. 80; June Sp. Sess. P.A. 09-3, S. 255; P.A. 12-110, S. 1; P.A. 15-244, S. 134; June Sp. Sess. P.A. 15-5, S. 474.)
History: P.A. 73-437 deleted word “principally” to describe extent of applicant's engagement as hearing aid dealer and fitter in Subsec. (b)(3); P.A. 74-155 added Subsec. (d) affirming audiologist's right to make impressions for earmold; P.A. 76-113 deleted requirement that applicant be, or intend to become, a U.S. citizen in Subsec. (a)(2), renumbering remaining subdivisions accordingly; P.A. 77-473 referred to fitting “or” selling rather than fitting “and” selling in Subsec. (a) and made Subsec. (d) applicable to hearing aid dealers and physicians as well as to audiologists; P.A. 80-484 deleted requirements that applicant be at least twenty-one and of good moral character and removed subdivision indicators in Subsec. (a), deleted Subsec. (b) re temporary licenses and relettered remaining subsections accordingly; P.A. 88-357 removed obsolete language and the specification that the examinations be given in January and July; P.A. 89-251 amended Subsec. (a) to increase the examination fee from $25 to $75 and increased the renewal fee from $15 to $45; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase examination fee from $75 to $100 and license and renewal fees from $45 to $100; P.A. 95-360 added certain audiologists to those who may sell and fit hearing aids and deleted from Subsec. (b) an annual filing requirement; P.A. 99-111 made technical and gender neutral changes and replaced references to hearing aid dealer with references to hearing instrument specialist; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (a) to make a technical change and increase the license fee from $100 to $200, effective January 1, 2004; P.A. 09-232 replaced references to Ch. 399 with references to Secs. 20-395a to 20-395g; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase examination fee from $100 to $200 and license and renewal fees from $200 to $250; P.A. 12-110 amended Subsec. (a) by deleting education and examination requirements for audiologists who are not licensed hearing instrument specialists; P.A. 15-244 amended Subsec. (a) to increase initial license fee and renewal fee from $250 to $255, effective July 1, 2015; June Sp. Sess. P.A. 15-5 changed effective date of P.A. 15-244, S. 134, from July 1, 2015, to October 1, 2015, and applicable to the renewal of a license or certificate that expires on or after that date, effective June 30, 2015.
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Sec. 20-399. Licensure of out-of-state licensees. Whenever the department determines that another state or jurisdiction has requirements equivalent to or higher than those established pursuant to this chapter and that such state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to fit or sell hearing aids, the department may issue licenses, on payment of the license fee provided in section 20-398, to applicants who hold current, unsuspended and unrevoked certificates or licenses to fit and sell hearing aids in such other state or jurisdiction. No such applicants for licensure shall be required to submit to or undergo a qualifying examination. No license shall be issued without examination under this section to any applicant against whom professional disciplinary action is pending or who is the subject of an unresolved complaint.
(1972, P.A. 295, S. 5; P.A. 77-473, S. 4; P.A. 80-484, S. 159, 176.)
History: P.A. 77-473 substituted “fit or sell” for “fit and sell”; P.A. 80-484 prohibited issuance of license to person involved in disciplinary proceeding or unresolved complaint.
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Sec. 20-400. Temporary permit. (a) A temporary permit may be issued to a person who has submitted proof satisfactory to the department that the applicant has completed a four-year course at an approved high school or has an equivalent education as determined by the department, upon application on forms prescribed and furnished by the department, accompanied by a fee of sixty dollars. A temporary permit shall entitle the applicant to engage in the fitting or sale of hearing aids for a period of one year under the direct supervision and training of a person holding a valid hearing instruments dispenser's license or a license as an audiologist under sections 20-395a to 20-395g, inclusive, or while enrolled in a course of study approved by the department, except that a person who holds a temporary permit shall be excluded from making selections of hearing aids.
(b) If a person who holds a temporary permit under this section has not successfully passed the licensing examination within one year from the date of its issuance, the temporary permit may be renewed once upon a payment of a sixty-dollar fee for such renewal.
(1972, P.A. 295, S. 6; P.A. 77-473, S. 5; P.A. 80-484, S. 157, 176; P.A. 87-60, S. 2; P.A. 89-251, S. 144, 203; P.A. 99-111, S. 4; P.A. 09-232, S. 81; June Sp. Sess. P.A. 09-3, S. 256.)
History: P.A. 77-473 substituted “fitting or sale” for “fitting and sale” in Subsec. (a); P.A. 80-484 deleted reference to advisory council's approval of study course and deleted requirements that holder of temporary permit be, or intend to become, a U.S. citizen and that he be of good moral character in Subsec. (a); P.A. 87-60 excluded a person holding a temporary permit from making selections of hearing aids; P.A. 89-251 increased the fees from $10 to $30; P.A. 99-111 amended Subsec. (a) to make gender neutral change, to replace reference of hearing aid dealers and fitters license with reference to hearing instrument dispenser's license and to allow supervision and training of temporary permit holders by licensed audiologists; P.A. 09-232 amended Subsec. (a) by replacing reference to Ch. 399 with reference to Secs. 20-395a to 20-395g; June Sp. Sess. P.A. 09-3 increased fees from $30 to $60.
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Sec. 20-401. Business address to be furnished department. Posting of license. Notices to licensees. (a) A person who holds a license under this chapter or as an audiologist under sections 20-395a to 20-395g, inclusive, shall notify the department in writing of the regular address of the place or places where such person engages or intends to engage in the fitting or sale of hearing aids and shall notify the department in writing of any change in such person's regular place of business and of the new address or addresses of the place or places where such person intends to engage in the fitting or sale of hearing aids at least ten days prior to such change.
(b) The department shall keep a record of the places of business of licensees.
(c) The licensee shall conspicuously post the license in the licensee's office or place of business. Duplicate licenses shall be issued by the commissioner to valid license holders operating more than one office, without additional payment.
(d) Any notice required to be given by the commissioner under this chapter to a person who holds a license shall be mailed to the person by certified mail to the address of the last place of business shown in the department records.
(1972, P.A. 295, S. 7; P.A. 77-473, S. 6; P.A. 95-360, S. 3; P.A. 99-111, S. 5; P.A. 09-232, S. 82.)
History: P.A. 77-473 substituted “fitting or sale” for “fitting and sale” in Subsec. (a); P.A. 95-360 added audiologists to those subject to Subsec. (a) and amended Subsec. (d) to limit its requirements to notices given under this chapter; P.A. 99-111 made technical and gender neutral changes; P.A. 09-232 amended Subsec. (a) by replacing reference to Ch. 399 with reference to Secs. 20-395a to 20-395g.
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Sec. 20-402. Renewal of license. Continuing education requirements. Reinstatement of void licenses. (a) Licenses issued under this chapter shall be renewed once every two years, in accordance with the provisions of section 19a-88, on payment of the renewal fee of two hundred dollars to the department and on production of evidence of satisfactory completion of continuing education requirements established by the Commissioner of Public Health, in accordance with subsection (b) of this section.
(b) (1) Except as provided in subsection (c) of this section, for registration periods beginning on and after October 1, 2014, a licensee applying for license renewal shall earn not less than sixteen hours of continuing education within the preceding twenty-four-month period. Such continuing education shall consist of courses offered or approved by the International Hearing Society, the American Academy of Audiology or the American Speech-Language Hearing Association or such successor organizations as may be approved by the Commissioner of Public Health.
(2) Each licensee applying for license renewal pursuant to section 19a-88, except a licensee applying for a license renewal for the first time, shall sign a statement attesting that he or she has satisfied the continuing education requirements described in subdivision (1) of this subsection on a form prescribed by the department. Each licensee shall retain records of attendance or certificates of completion that demonstrate compliance with the continuing education requirements described in subdivision (1) of this subsection for not less than three years following the date on which the continuing education was completed. Each licensee shall submit such records to the department for inspection not later than forty-five days after a request by the department for such records.
(3) In individual cases involving medical disability or illness, the commissioner may grant a waiver of the continuing education requirements or an extension of time within which to fulfill such requirements of this subsection to any licensee, provided the licensee submits to the department an application for waiver or extension of time on a form prescribed by the commissioner, along with a certification by a licensed physician, a licensed physician assistant or a licensed advanced practice registered nurse of the disability or illness and such other documentation as may be required by the department. The commissioner may grant a waiver or extension for a period not to exceed one registration period, except that the commissioner may grant additional waivers or extensions if the medical disability or illness upon which a waiver or extension is granted continues beyond the period of the waiver or extension and the licensee applies for an additional waiver or extension.
(c) A licensee applying for the first time for license renewal pursuant to section 19a-88 is exempt from the continuing education requirements of this section.
(d) A licensee whose license has become void pursuant to section 19a-88 and who applies to the department for reinstatement of such license, shall submit evidence documenting the successful completion of eight hours of continuing education within the one-year period immediately preceding application for reinstatement.
(1972, P.A. 295, S. 8; P.A. 77-473, S. 7; 77-614, S. 587, 614; P.A. 78-303, S. 85, 136; P.A. 80-484, S. 160, 176; P.A. 81-471, S. 63, 71; P.A. 89-251, S. 145, 203; May Sp. Sess. P.A. 92-6, S. 40, 117; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-3, S. 27; P.A. 12-110, S. 2; P.A. 14-231, S. 44; P.A. 16-39, S. 41; P.A. 21-196, S. 47.)
History: P.A. 77-473 required evidence of completion of continuing education requirements for renewal of license or certificate; P.A. 77-614 and 78-303 allowed substitution of commissioner of health services for abolished advisory counsel on hearing aids; P.A. 80-484 replaced previous renewal provisions with statement requiring renewal as provided in Sec. 19-45, i.e. grace period of 30 days, January thirtieth expiration date and special renewal conditions were deleted; P.A. 81-471 deleted reference to January 1, 1981, as date for beginning of annual renewal; P.A. 89-251 increased the fee from $15 to $45; May Sp. Sess. P.A. 92-6 raised fee to $100; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-3 changed license renewal from annually to biennially and increased renewal fee from $100 to $200, effective January 1, 2004; P.A. 12-110 designated existing provisions as Subsec. (a) and added Subsecs. (b) to (d) re continuing education requirements; P.A. 14-231 amended Subsec. (b)(1) by replacing “National Board of Certification in Hearing Instrument Sciences” with “International Hearing Society”; P.A. 16-39 amended Subsec. (b)(3) by adding reference to licensed advanced practice registered nurse; P.A. 21-196 amended Subsec. (b)(3) by adding reference to licensed physician assistant.
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Sec. 20-402a. Thirty-day trial period. Buyer's right to cancel. (a) No hearing aid shall be sold to any purchaser unless accompanied in writing by a thirty-day trial period providing that if such purchaser returns the hearing aid in the same condition as when purchased, ordinary wear and tear excepted, within thirty days of the date of receipt of such hearing aid by such purchaser, such purchaser shall be entitled to free adjustment of such hearing aid or the return of the full purchase price of the hearing aid and accessories as itemized on the receipt therefor pursuant to subdivision (9) of section 20-404, whichever the purchaser desires; provided, a hearing instrument specialist and audiologist may retain as a cancellation fee for return of the hearing aid a charge not in excess of twelve per cent of the purchase price, excluding charges for any custom earmold and batteries. The charge for any custom earmold and any supply of batteries shall not exceed the seller's regular selling price for such earmold and batteries. In computing the actual cost, all rebates, discounts and other similar allowances provided to the seller shall be considered.
(b) Every hearing instrument specialist and audiologist shall include in every receipt and contract pertaining to a sale, in reasonable proximity to the space reserved for the signature of the buyer, or on the first page if there is no space reserved for the signature of the buyer, a clear and conspicuous disclosure of the following specific statement in all capital letters of no less than twelve point boldface type of uniform font and in an easily readable style: THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE OR RENTAL FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRTIETH CALENDAR DAY AFTER RECEIPT OF THE HEARING AID. A CANCELLATION FEE OF TWELVE PER CENT OF THE PURCHASE PRICE MAY BE IMPOSED.
(c) Every hearing instrument specialist, audiologist, corporation, partnership, trust, association or like organization that engages in the sale of hearing aids at retail shall include in every receipt, contract or order pertaining to the sale of a hearing aid, in reasonable proximity to the space reserved for the signature of the buyer, or on the first page if there is no space reserved for the signature of the buyer, a clear and conspicuous disclosure of the following specific statement in all capital letters of no less than twelve point boldface type of uniform font and in an easily readable style: ANY BUYER WHO ORDERS A HEARING AID AND LEAVES A DEPOSIT OF ONE HUNDRED DOLLARS OR MORE WITH THE SELLER SHALL BE ENTITLED TO CANCEL SUCH ORDER AND DEMAND A FULL REFUND OF SUCH DEPOSIT, LESS ANY EXAMINATION COSTS, IF THE BUYER IS UNABLE TO INSPECT THE HEARING AID AT THE SELLER'S PLACE OF BUSINESS WITHIN FORTY-FIVE DAYS AFTER THE DATE THE SELLER RECEIVES THE DEPOSIT.
(P.A. 77-473, S. 8; P.A. 82-123; P.A. 86-403, S. 45, 132; P.A. 95-360, S. 4; P.A. 99-111, S. 1; June Sp. Sess. P.A. 01-4, S. 19, 58.)
History: P.A. 82-123 amended Subsec. (b) by requiring every hearing aid dealer to include in every receipt and contract a conspicuous statement concerning the imposition of a cancellation fee of 12%; P.A. 86-403 made technical change in Subsec. (a); P.A. 95-360 added audiologists to those subject to Subsecs. (a) and (b); P.A. 99-111 made technical changes, replaced references to hearing aid dealer with references to hearing instrument specialist and added new Subsec. (c) to require all receipts, contracts and orders re the sale of a hearing aid to disclose to the buyer that if the buyer leaves the seller a deposit of at least $100, the buyer may cancel the order and demand a full refund if the hearing aid is unavailable for inspection within 45 days after the date the seller receives the buyer's deposit; June Sp. Sess. P.A. 01-4 amended Subsec. (c) by changing hearing aid dealer to hearing instrument specialist, effective July 1, 2001.
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Sec. 20-403. Consumer to be advised to seek medical care, when. Anyone who has a history of: (1) Visible congenital or traumatic deformity of the ear; (2) active drainage from the ear within the previous ninety days; (3) sudden, or rapidly progressive, hearing loss within the previous ninety days; (4) acute or chronic dizziness; (5) unilateral hearing loss of sudden or recent onset within the previous ninety days; (6) audiometric air-bone gap equal to, or greater than, fifteen decibels at five hundred hertz (Hz), one thousand Hz, and two thousand Hz; (7) visible evidence of cerumen accumulation, or a foreign body in the ear canal; and (8) pain or discomfort in the ear within the previous sixty days shall be advised by the hearing instrument specialist to consult a physician or an otolaryngologist prior to fitting of the hearing aid. A written statement, stating the consumer has been advised of such, shall accompany any sale of a hearing aid.
(1972, P.A. 295, S. 4; P.A. 77-473, S. 9; P.A. 79-631, S. 47, 111; P.A. 99-111, S. 6.)
History: P.A. 77-473 added Subdivs. (1) through (8) replacing reference to persons with “history of ear infection, discharge of the ear, dizziness, unilateral loss, or ear deformity”; P.A. 79-631 substituted “air-bone” for “air-borne” in Subdiv. (6); P.A. 99-111 made technical changes and replaced reference to hearing aid dealer with reference to hearing instrument specialist.
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Sec. 20-404. Disciplinary action; grounds. (a) The department may suspend or revoke the license of a hearing instrument specialist, after notice and hearing as provided in the regulations adopted by the commissioner, or may reprimand or take any of the actions set forth in section 19a-17, for any of the following causes:
(1) The conviction of a crime in the course of professional activities. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of such conviction;
(2) Procuring of a license by fraud or deceit practiced upon the department;
(3) Unethical conduct, including: (A) The obtaining of any fee or the making of any sale by fraud or misrepresentation; (B) knowingly employing directly or indirectly any unlicensed person or any person whose license has been suspended to perform any work covered by this chapter; (C) engaging in fraud or material deception in the course of professional activities;
(4) Incompetence or negligence in fitting or selling hearing aids;
(5) Selling a hearing aid to a person under the age of eighteen without a prior ear examination by an otolaryngologist and an audiological examination performed or supervised by an audiologist;
(6) Fitting or selling a hearing aid to anyone who has a history of ear infection within the previous ninety days without requiring an examination by an otolaryngologist;
(7) Failure to comply with the examination procedures and tests prescribed in the regulations adopted under this chapter;
(8) Failure to properly supervise an individual holding a temporary permit under section 20-400;
(9) Failure to furnish to a person supplied a hearing aid a receipt containing the date of delivery of the hearing aid to such person, the licensee's signature, business address, license number, serial number of the hearing aid, the model name and model number of the hearing aid, the full terms of sale, including terms of a manufacturer's and licensee's warranties and trial period, provided in section 20-402a, and a statement of whether the hearing aid sold is new, used or reconditioned;
(10) Failure to retain for three years from the date of delivery of the hearing aid to the purchaser records containing the name and address of each purchaser of a hearing aid under a sale made by such hearing instrument specialist, a copy of such purchaser's audiogram and all information required on a receipt under subdivision (9) of this subsection;
(11) Violating any provision of this chapter or of the regulations promulgated thereunder;
(12) Violating any provision of the Food and Drug Administration regulations pertaining to hearing instrument specialists adopted under Title 21, professional and patent labeling and conditions for sale, or any provision of any regulation pertaining to hearing instrument specialists adopted by the Federal Trade Commission;
(13) Physical or mental illness, emotional disorder or loss of motor skill, including, but not limited to, deterioration through the aging process, of the license holder; or
(14) Abuse or excessive use of drugs, including alcohol, narcotics or chemicals.
(b) The commissioner may order a license holder to submit to a reasonable physical or mental examination if the license holder's physical or mental capacity to practice safely is the subject of an investigation. The commissioner may petition the superior court for the judicial district of Hartford to enforce such order or any action taken pursuant to section 19a-17.
(c) The Attorney General shall represent the commissioner at all formal hearings held under this chapter.
(d) The department may reissue any license that has been revoked and may modify the suspension of any license that has been suspended.
(1972, P.A. 295, S. 9; P.A. 77-473, S. 10; 77-614, S. 323, 468, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-484, S. 131, 176; P.A. 81-471, S. 65, 71; P.A. 86-9; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 4–6; 95-257, S. 12, 21, 58; P.A. 99-111, S. 7.)
History: P.A. 77-473 substituted “fitting or sale” for “fitting and sale” in Subdivs. (4) and (5), also replacing in Subdiv. (5) “gross incompetence or negligence” with “incompetence or gross negligence”, inserted new Subdivs. (9) to (11) and (13), renumbering former Subdiv. (9) as Subdiv. (12) in Subsec. (a) and required attorney general to represent health commissioner at formal hearings in Subsec. (b); P.A. 77-614 and P.A. 78-303 substituted commissioner and department of health services for commissioner and department of health, replaced provision re 30 days notice of hearing with requirement that notice and hearing be in accordance with regulations of health services commissioner, deleted provision allowing licensee representation by attorney and power to offer evidence and examine witnesses in Subsec. (b) and substituted department of health services for board in Subsec. (c), effective January 1, 1979; P.A. 80-484 specifically referred to disciplinary actions in Sec. 19-4s, substituted “crime in the course of professional activities” for “felony, or a misdemeanor involving a morals offense” in Subdiv. (1), deleted reference to council in Subdiv. (2), deleted advertising and ethics offenses in Subdiv. (3)(C) to (H) and rephrased and incorporated former Subdiv. (4) as Subpara. (C) in Subdiv. (3), renumbering remaining subdivs. and deleting “gross” as modifier of “negligence” in Subdiv. (4), formerly (5), and added Subsec. (a)(13) and (14), inserted new Subsec. (b) re physical and mental examinations and petitions to court for enforcement of orders or actions and redesignated former Subsecs. (b) and (c) accordingly; P.A. 81-471 amended Subsec. (a)(6) to require an examination by an otolaryngologist prior to selling or fitting a hearing aid to anyone having a history of ear infection within 90 days prior to such sale or fitting–prior law prescribed a 60-day period; P.A. 86-9 amended Subsec. (a) to require the sales receipt to contain the date of delivery and changed the three-year record requirement from the date of “sale” to “delivery”; P.A. 88-230 replaced “judicial district of Hartford-New Britain” with “judicial district of Hartford”, effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 99-111 made technical and gender neutral changes and replaced references to hearing aid dealer with references to hearing instrument specialist.
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Sec. 20-405. Appeal. Section 20-405 is repealed.
(1972, P.A. 295, S. 10; P.A. 76-436, S. 443, 681; P.A. 77-473, S. 11; 77-603, S. 88, 125; 77-614, S. 469, 610; P.A. 78-280, S. 56, 57, 127; P.A. 80-484, S. 175, 176.)
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Sec. 20-406. Regulations. The Commissioner of Public Health shall adopt regulations in accordance with the provisions of chapter 54, for the administration of this chapter and for the conduct of the practice of fitting or selling hearing aids.
(1972, P.A. 295, S. 11; P.A. 77-473, S. 12; 77-614, S. 470, 610; P.A. 80-484, S. 132, 176; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-473 substituted “fitting or selling” for “fitting and selling” and gave advisory council on hearing aids power to make regulations re continuing education requirements; P.A. 77-614 replaced public health council with commissioner of health services as regulation authority for administration of chapter and practice of fitting or selling hearing aids, effective January 1, 1979; P.A. 80-484 replaced reference to Secs. 4-166 to 4-174 with “chapter 54” and deleted authority for advisory council on hearing aids to make regulations re continuing education requirements; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
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Sec. 20-407. Penalty. Any person who violates any provision of this chapter shall for each offense be guilty of a class C misdemeanor.
(1972, P.A. 295, S. 12; P.A. 77-473, S. 13; P.A. 12-80, S. 171.)
History: P.A. 77-473 made no substantive changes; P.A. 12-80 changed penalty from a fine of not more than $500 or imprisonment of not more than 90 days or both to a class C misdemeanor.
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