Hearing Aid Dealers and Fitters (216-RICR-40-05-31)

A.These regulations are promulgated pursuant to the authority conferred under R.I. Gen. Laws § 5-49-21, and are adopted for the purpose of establishing prevailing standards for the licensure of hearing aid dealers and fitters in this state.

A.Wherever used in this Part, the terms listed below shall be construed as follows:

1.“Act” means R.I. Gen. Laws Chapter , entitled “Hearing Aid Dealers and Fitters.”

2.“The Board” means the Board of Hearing Aid Dealers and Fitters.

3.“Department” means the Department of Health.

31.3.1Qualifications of Applicants

A.Qualifications and licensure requirements are in accordance with the provisions of R.I. Gen. Laws § 5-49-7.

B.Issuance of Licenses

1.License by Examination: Applicants may obtain a license by examination by submitting the following to the Department:

a.A completed application for a license certifying the applicant satisfies the requirements regarding age, character, education, and health set forth in R.I. Gen. Laws § 5-49-7(a);

b.The license fee as set forth in R.I. Gen. Laws § 23-1-54 and the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title);

c.Verification of successful completion of the national written examination approved by the Board; and,

d.Proof the applicant has successfully passed a qualifying examination administered as directed by the Board by means of written and practical tests designed to evaluate the applicant’s technical qualifications set forth in §§ 31.3.4 and 31.3.5 of this Part.

2.License by Endorsement: Applicants may obtain a license by endorsement by submitting the following to the Department:

a.A completed application for a license certifying the applicant satisfies the requirements regarding age, character, education, and health set forth in R.I. Gen. Laws § 5-49-7(a);

b.The license fee as set forth in R.I. Gen. Laws § 23-1-54 and the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title); and,

c.Verification that the applicant is in good standing in all states and territories where the applicant holds or has held a license or certification to engage in the practice of dispensing, selling, fitting, or ordering the use of in hearing aids.

3.Temporary Permits: Applicants may obtain a temporary permit that entitles the applicant to engage in the fitting and sale of hearing aids for a period of one (1) year by submitting the following to the Department:

a.A completed application for a temporary permit certifying the applicant satisfies the requirements regarding age, character, education, and health set forth in R.I. Gen. Laws § 5-49-7(a);

b.The fee as set forth in R.I. Gen. Laws § 23-1-54 and the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title); and,

c.Designation of a supervising licensee responsible for the supervision and training of that applicant in accordance with R.I. Gen. Laws § 5-49-8(c), provided the supervising licensee:

i.Holds a valid hearing aid dealer’s and fitter’s license in Rhode Island; or,

ii.Holds a valid audiologist license in Rhode Island and obtains written approval from the Department after submitting a written attestation establishing at least two (2) years of active clinical experience in dispensing and fitting hearing aids, including the dates and locations of that experience.

4.Supervision of Temporary Permit Holder: In addition to supervision, training, and maintaining adequate personal contact, the supervising licensee described in § 31.3.1(B)(3)(c) of this Part shall ensure the holder of a temporary permit:

a.Receives twenty (20) hours per week of direct supervision for the first thirty (30) days of training;

i.“Direct supervision” means supervision by a licensed hearing aid dealer and fitter or qualified licensed audiologist under § 31.3.1(B)(3)(c)(ii) of this Part who personally authorizes and oversees the activities of the temporary permit holder. The direct supervisor must be physically present in the same location during these activities and ensure proper review and documentation of the results.

b.Has a review of all audiograms, sales and other records for the second thirty (30) days of training; and

c.Has periodic review of audiograms, sales and other records for the remainder of the training period.

31.3.2Renewal of License

A.Licensed hearing aid dealers:

1.All hearing aid dealer and fitter licenses shall expire on the thirty-first (31^st) day of January of each even-numbered year, unless sooner suspended or revoked, and shall be renewed for the next ensuing two (2) years by the Department upon:

a.Completion of a renewal application and

b.Payment of a biennial renewal fee as set forth in R.I. Gen. Laws § 23-1-54 and the Fee Structure for Licensing, Laboratory and Administrative Services Provided by the Department of Health (Part 10-05-2 of this Title) for each such renewal.

B.Renewal of Temporary Permits

1.If a person who holds a temporary permit under this section has not successfully passed the licensing examination within one (1) year from the date of issuance of the permit, the temporary permit may be renewed or reissued once upon payment of a fee as set forth in § 23-1-54.

31.3.3License for Sale and Fitting of Hearing Aids

A.Requirements to sell or fit hearing aids are as set forth in R.I Gen. Laws § 5-49-2.

B.Notice to Department of Place of Business

1.All licensed persons must notify the Department of the regular address of their place or places of business in accordance with the provisions of R.I Gen. Laws § 5-49-10.

31.3.4Examination Requirements

A.Applicants for license by examination must meet the requirements in R.I. Gen. Laws § 5-49-7 and shall be examined by means of written and practical tests as required in R.I. Gen. Laws § 5-49-9 in order to demonstrate that they are qualified to practice the fitting and sale of hearing aids.

1.For written and practical examinations, the Board, or its designee, shall administer the current International Hearing Society or other national examinations for hearing aid fitters and dealers, as may be approved by the Board.

2.The Department shall issue to each person successfully passing the examinations, where an examination is required, and who otherwise satisfies the Department of their qualifications, a license entitling them to practice said business in this state for the biennial period stated in the license, or until the license shall be revoked or suspended, as hereinafter provided.

3.In case of failure of any applicant to satisfactorily pass the examinations, such applicant shall be entitled to re-examinations. Any examination fees shall be resubmitted upon re-examination.

4.An applicant who fails to pass the written and practical examinations twice shall not be eligible for further examinations until the applicant has satisfactorily completed additional preparation as directed and approved by the Board. This condition for eligibility also applies to each subsequent failure.

31.3.5Scope of Examination

A.In addition to the scope of examination requirements set forth in R.I. Gen. Laws § 5-49-9, the qualifying examination shall include the following topics:

1.R.I. Gen. Laws Chapter 6-45, entitled “Consumer Enforcement of Assistive Technology Device Warranties” (also known as the “Lemon Law”);

2.Rules and regulations as contained in this Part.

31.3.6Persons and Practices Exempted

A.Persons and practices exempted are pursuant to R.I. Gen. Laws § 5-49-4.

A.Hearings: All hearings and reviews before the Department or the Board shall be held in accordance with Practices and Procedures Before the Department of Health (Part 10-05-4 of this Title).

A.This Part is subject to the severability provisions stated in R.I. Gen. Laws § 5-49-20.