Chapter 4747-1 General Provisions

4747-1-01 Public notice - rules.

(A) Public notice of the intention of the hearing aid dealers and fitters licensing board to consider adopting, amending, or rescinding a rule which the hearing aid dealers and fitters licensing board is authorized by law to adopt, amend, or rescind, or which it may hereafter be authorized by law so to do shall be published at least once, in the English language, at least thirty days prior to the date set for a public hearing to consider adopting, amending, or rescinding said rule, on the register of Ohio at the Ohio legislative services commission. The notice shall include a statement of the board's intention to and reason or purpose for adopting, amending, or rescinding a rule. Said public notice shall consist of a synopsis or a general statement of the subject matter of the proposed rules to be adopted, amended, or rescinded by the hearing aid dealers and fitters licensing board, and the date, time, and place of hearing on said proposed action.

(B) The hearing aid dealers and fitters licensing board may give such additional notice of such public hearing as it deems necessary. However, the giving of such additional notice is not mandatory and the failure to give notice by any means other than as specified in paragraph (A) of this rule shall not in any way invalidate any action which may be taken by the hearing aid dealers and fitters licensing board.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.04
Prior Effective Dates: 2/1/77, 4/15/84

4747-1-02 Definitions and interpretations.

(A) The statement "includes the making of ear impressions for earmolds" shall apply only to earmolds that are used with devices as defined in division (A) of section 4747.01 of the Revised Code.

(B) "Obtained any fee or made any sale of a hearing aid by fraud or misrepresentation" means that any person who obtains a fee, i.e., the owner of the business, the hearing aid dealer or fitter, the supervisor, or trainee shall be held responsible for the sale of a hearing aid by fraud or misrepresentation regardless of whether or not that person was directly involved with the fitting or sale of the aid.

(C) The practice of dealing in or fitting of a hearing aid includes hearing screening of individuals, provided they are advised that the screening is to determine if they are a candidate for a hearing aid, and the results are reported as either pass or fail.

(D) In these rules, all references to the word "he" shall refer equally to either masculine or feminine gender.

Effective: 02/01/2009
R.C. 119.032 review dates: 02/08/2008 and 02/01/2014
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.04
Prior Effective Dates: 2/1/1977, 4/15/84, 2/15/97

4747-1-03 Licensing requirements.

(A) Any person, firm, partnership, association, or corporation must first be licensed before engaging in the sale, practice of dealing in or fitting of hearing aids, advertising or assuming such practice, or engaging in training to become a licensed hearing aid dealer or fitter.

(B) A firm, partnership, association or corporation, whether profit or non-profit, is required to obtain a license in order to merchandise hearing aids. Only a licensed individual may actually execute the sale, engage in the practice of dealing in or fitting of hearing aids, or supervise a trainee engaged in training to become a licensed hearing aid dealer or fitter.

R.C. 119.032 review dates: 02/08/2008 and 02/01/2013

Promulgated Under: 119.03

Statutory Authority: 4747.04

Rule Amplifies: 4747.04

Prior Effective Dates: 11/16/1971, 2/1/77, 4/15/84

4747-1-04 Duties and powers of the board.

(A) Meetings of the board:

(1) The board shall hold at least one annual meeting during November of each year at the place and time designated by the chairperson for the purpose of electing a chairperson and a vice chairperson, who shall act as chairperson in the absence of the chairperson. New officers shall take office January first of the subsequent year.

(2) Meetings of the board may be called by the chairperson at any reasonable time. The chairperson shall call a meeting at any time upon the request of four or more of the board members.

(3) Each board member shall be notified by mail of the time and place of any meeting at least two weeks prior to the date on which the meeting will be held. An agenda setting forth the subjects and areas to be discussed will normally be sent to each member prior to the meeting date. Notification of special meetings of the board may be by the most expedient means. Counsel from the Ohio department of health and the attorney general's office shall be duly notified by the secretary of all meetings of the board.

(4) A majority of board members shall constitute a quorum for the transaction of business at any meeting.

(5) Robert's Rules of Order will be used as the guide to business proceedings.

(6) All meetings shall be open to the public unless otherwise designated by the board.

(B) All official forms, literature, stationery, publications, etc., must be approved by the board prior to publication.

(C) No board member shall act officially for the board or convey the impression to others that he is acting officially for the board without prior authorization of the board.

(D) The board shall appoint a secretary pursuant to section 4747.03 of the Revised Code. The secretary may also hold the title of executive director.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.04
Prior Effective Dates: 11/16/71, 2/1/77, 2/15/97

4747-1-05 Duties of the chairperson.

(A) The chairperson shall designate the time and place of meetings on the chairperson's own authority or at the direction of a majority of the board members.

(B) The chairperson shall preside at all meetings of the board. In the absence of the chairperson, the vice chairperson shall preside at meetings and perform all duties usually performed by the chairperson. The chairperson shall designate a member of the board to preside in the event that the chairperson and vice chairperson are not available.

(C) The chairperson will exercise general supervision of the affairs of the board and shall have the usual powers of such office and any other powers and duties as the board may direct.

(D) The chairperson shall sign all licenses, permits, and duplicates issued by the board.

(E) The chairperson shall sign the official minutes of the proceedings of the board which shall remain on permanent file in the board office.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.04
Prior Effective Dates: 11/16/1971

4747-1-06 Duties of the vice chairperson.

(A) The vice chairperson shall assist the chairperson in carrying out the chairperson's duties when requested.

(B) The vice chairperson shall preside over meetings in the absence of the chairperson or in the absence of any other direction by the chairperson.

(C) The vice chairperson shall act in behalf of the chairperson in cases of extended incapacitation or long absence of the chairperson.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.04
Prior Effective Dates: 11/16/1971

4747-1-07 Duties of the secretary.

(A) The secretary shall keep the minutes of the proceedings at board meetings and the records of the board.

(B) The secretary shall have custody of all fees received by the board including license fees, trainee permit fees and renewal fees and shall be responsible for the transfer of such funds to the state treasurer.

(C) The secretary shall receive, accept responsibility for, issue (with board approval) and account to the auditor of state for all licenses, trainee permits, and duplicate certificates handled by the board.

(D) The secretary shall be responsible, with the approval of the board, for the preparation and submission of the annual budget of the board.

(E) The secretary shall execute a bond in the amount and manner acceptable to the director of the department of health.

(F) The secretary shall be responsible for the overall administration of the board's office and shall render administrative services to board members as required and report these activities to the board.

(G) The secretary shall assume such other duties as the board may direct.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.03
Prior Effective Dates: 11/16/1971

4747-1-08 Application for license and permits.

(A) Every person requesting an application for a license or trainee permit shall be furnished the necessary forms, a copy of the Revised Code pertaining to licensing of hearing aid dealers and fitters, and such other information or questionnaires as the board may deem desirable.

(B) The application forms shall be designed to provide the board with the information necessary to satisfy itself that all requirements pertaining to sections 4747.05 and 4747.10 of the Revised Code are being fulfilled.

(C) Failure to complete all forms and provide all information may be just cause for denial of the application by the board.

(D) The application shall be accompanied by a money order or check made payable to the treasurer, state of Ohio. Fees, once deposited, shall not normally be subject to refund.

(E) Each application shall be signed by the applicant and sworn to before a notary public. In the case of a trainee permit, the supervisor's name, address, license number, and signature shall appear. The supervisor's signature must be signed and sworn to before a notary public. Every trainee shall be assigned a supervisor. The supervisor's name shall appear on the trainee permit and card and may not be changed without the trainee first requesting in writing a revised duplicate permit from the board, which request shall include the name of the new supervisor and the effective date of the change. Fees as set forth in section 4747.07 of the Revised Code shall accompany this request.

(F) Any person knowingly furnishing false information on an application for license shall be denied the right to the examination, or if the applicant has already been licensed before the falsification of such information has been made known to the board, such licensee or permit holder shall be subject to suspension or revocation and the board may forward all pertinent documents to the appropriate prosecuting attorney for possible prosecution for fraud and/or perjury.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.05 , 4747.10
Prior Effective Dates: 2/1/1977, 4/15/84, 2/15/97, 10/1/00

4747-1-09 Examination.

(A) The qualifying examination shall be a thorough testing of the knowledge required and shall be carried out as outlined in sections 4747.04 , 4747.05 and 4747.08 of the Revised Code.

(B) The frequency of the examination shall be determined by the board based upon the number of applications received by the board. The board shall offer qualifying examinations at least once annually.

(C) Responsibility for filing an application for examination is the responsibility of the applicant.

(D) The board shall send notification of examination dates only to those individuals whose applications have been received by the board prior to the examination date.

(E) An applicant shall be assessed a fee not to exceed the actual cost to the board to retake the written examination in its entirety and a fee of seventy-five dollars to retake the performance examination which shall be administered in its entirety only.

(F) A person who has failed to pass all sections of the written or the performance examination within three attempts, shall be required to submit a new application for the examination and retake the examination in its entirety.

R.C. 119.032 review dates: 12/28/2011 and 12/28/2016
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.08
Prior Effective Dates: 2/1/1977, 4/15/84, 2/15/97, 10/1/00

4747-1-10 Reciprocity.

(A) A license issued to an individual, firm, partnership, association or corporation by another state will not be honored in lieu of a license issued by the state of Ohio. However, if an individual applicant has completed an examination equal or superior to the Ohio examination, the board may waive or partially waive the examination requirements for licensure in the state of Ohio.

(B) An applicant who passed the international institute for hearing instruments sciences licensing examination in another state by at least the minimum passing score required in Ohio, shall be considered to have passed the written examination required by section 4747.08 of the Revised Code.

(C) An applicant who passed the international institute for hearing instruments sciences practical examination in another state by at least the minimum passing score required in Ohio, shall be considered to have passed the practical examination required by section 4747.08 of the Revised Code.

(D) Violation of laws regulating the fitting and dispensing of hearing aids in any other state by an individual, firm, partnership, association or corporation licensed by this board while visiting or residing in such other state, may be considered as a violation of section 4747.12 of the Revised Code.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.04
Prior Effective Dates: 2/1/1977, 4/15/84, 2/15/97

4747-1-11 Renewal procedures.

(A) Responsibility for filing and paying renewals shall rest with the licensee or permit holder.

(B) With respect to trainee permits and their renewal:

(1) Responsibility for renewing the trainee permit rests with the trainee and the trainee's supervisor or employer. Application for renewal of a trainee permit must be made to the board prior to the expiration date shown on the permit.

(2) There shall be a thirty-day period immediately following the expiration date shown on the trainee permit in which that permit may be renewed, which period applies to the time in which an application for trainee permit renewal may be made. It does not authorize a trainee whose permit has expired to engage in any way in the fitting and sale of hearing aids after the expiration date shown on his permit. If renewal is not effected within this thirty-day period, a new trainee permit must be obtained by submitting a new trainee permit application, a physician's statement, and the prescribed fee to the board.

(C) Continuing education units

(1) A licensee shall earn ten continuing education units, including one unit in ethics or Ohio state law, each year preceding the licensee's renewal application. One continuing education unit is equal to one clock hour of continuing education. The continuing education units must be acquired in subjects related to hearing aid fitting or audiology.

(2) Sixty days prior to the deadline for licensure renewal all licensees shall be notified by the board of the requirements to renew the license and submit the necessary forms for continuing education units

(3) Upon fulfillment of all legal requirements for renewal, including the signed renewal application form attesting to the completion of required continuing education units, all licensees shall receive with the renewal certificate a packet of information and necessary forms to be used for the following renewal cycle.

(4) All licensees shall complete the required continuing education units prior to January thirtieth of the renewal year.

(5) Continuing education units may not be carried over from one renewal period to the next.

(6) At the discretion of the board, the continuing education requirements for an individual, may be reduced or waived, under unusual circumstances such as medical emergencies, natural disasters, or conditions outside the control of the licensee.

(D) Continuing education programs

(1) Continuing education units may be earned in the following continuing education experiences:

(a) Academic coursework in audiology, or related disciplines, taken at accredited colleges or universities;

(b) Any activity approved for continuing education units in related disciplines by any licensure board of the state of Ohio.

(c) Any activity approved for continuing education units by the international institute of hearing instruments sciences committee of the international hearing society; the American speech-language hearing association; or the American academy of audiology.

(E) Documentation of continuing education units:

(1) The licensee shall sign and submit to the board a form attesting to completion of require continuing education units at the time of license renewal.

(a) The licensee shall retain supporting documents for inspection by the board for two years after the date of renewal.

(b) A licensee who submits the renewal form after February first shall be audited for continuing education units.

(2) Licensees to be audited shall receive notification of audit from the board. The licensee being audited shall submit to the board the report of continuing education units license renewal form along with appropriate documentation.

(3) Submission of false statement of continuing education shall be considered procuring a license by fraud or deceit practiced upon the board pursuant to division (B) of section 4747.12 of the Revised Code.

(4) Failure to meet continuing education requirements, or to comply with the audit, upon request of the board, may result in suspension, revocation, denial of licensure or renewal of licensure according to the provisions of Chapter 119. of the Revised Code.

(F) Renewal requirements:

(1) A hearing aid dealer or fitter may apply for renewal of an expired license if the license has been expired for two years or less. The board shall issue the license if the hearing aid dealer or fitter:

(a) Submits documentation of completion of continuing education units required for each year the license was expired, not to exceed twenty hours, and

(b) Pay to the board the renewal and late fees in accordance with section 4747.06 of the Revised Code.

Effective: 02/01/2009
R.C. 119.032 review dates: 02/08/2008 and 02/01/2014
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.06
Prior Effective Dates: 11/16/71, 2/1/1977, 2/15/97

4747-1-12 Duplicate certificates.

(A) The board shall issue duplicate copies of a license and/or permit upon receipt of a properly completed application and payment of fees as set forth in section 4747.07 of the Revised Code for each copy requested.

(B) Any photocopying, reducing, or otherwise duplicating the license and/or permit certificates issued by this board, for official display purposes, shall be judged a violation of division (D) of section 4747.14 of the Revised Code and the board shall take the necessary steps to enforce section 4747.99 of the Revised Code.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.07
Prior Effective Dates: 2/1/77, 4/15/84, 10/1/00

4747-1-13 Sales receipt.

(A) The signature used on the customer's receipt shall be that of the licensed individual making the sale and must be the same name under which the license or permit was issued to that individual licensee or trainee permit holder.

(B) The required statement in the second paragraph of section 4747.09 of the Revised Code shall be printed on the sales receipt and appear above the licensee's and/or permit holder's signature.

(C) The terms of guarantee statement on the sales receipt shall be satisfied by one of the following statements printed in type no smaller than that used in the body of the receipt:

(1) Full terms of guarantee printed on the receipt and, if printed on the back of the receipt, a reference is to appear on the face of the receipt, such as "terms of guarantee on reverse side."

(2) A statement such as "the aid(s) listed on this receipt are covered by a guarantee, the details of which are supplied on a separate form at the time of execution of this receipt" shall appear above the purchaser's signature.

(D) For purposes of section 4747.09 of the Revised Code, the following definitions shall apply:

(1) The "complete address of the place of business" includes the telephone number of the business.

(2) "A complete description of the make and model of the hearing aid furnished" includes the serial number of the hearing aid, which shall be added to the sales receipt at the time the hearing aids are delivered to buyer.

(E) In accordance with division (C) of section 1345.30 of the Revised Code the following shall appear on the sales receipt:

(1) "Right To Return The Hearing Aid Within Thirty Days And Receive A Refund"

Under Ohio law (section 1345.30 of the Revised Code), a consumer has the right to return a hearing aid for any reason within thirty days after it is originally delivered to the consumer or a person acting on the consumer's behalf and receive a refund of the consideration paid for the hearing aid less an amount specified by the hearing aid dealer, physician, or audiologist to cover expenses incurred in connection with the hearing aid not later than fifteen days after presenting proof of payment for the hearing aid and returning it in the condition in which it was received, except for normal wear and tear. In this case the amount deducted from the refund will be $. . . ."

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.09
Prior Effective Dates: 11/16/71, 2/1/1977, 2/15/97

4747-1-14 Trainees.

(A) The activities of the holder of a hearing aid dealers and fitters trainee permit, while engaged in the practice of dealing in or fitting of hearing aids as defined by section 4747.01 of the Revised Code, shall be supervised by an individual who is a licensed hearing aid dealer or fitter. It shall be the responsibility of the trainee to maintain communication with the supervisor and to inform said supervisor of all acts and deeds in the pursuance of selling and/or fitting hearing aids. "Acts and deeds" include, but are not limited to, the following: meeting with a user or potential user; performing tests as defined in rule 4747-1-19 of the Administrative Code; taking of an earmold impression(s); and fitting and/or selling of hearing aids.

(B) "Supervision," as required by section 4747.10 of the Revised Code, means that:

(1) During the effective period of the trainee permit, the trainee and that trainee's supervisor shall co-sign, with a signature and license number, all forms, reports of audiometric and other tests, and any other documents prepared by the trainee or the supervisor in conjunction with the trainee in the process of testing human hearing or fitting or selling a hearing aid or hearing aids.

(2) During the ninety calendar days immediately following the effective date of the trainee permit as shown thereon, a supervisor must be physically present with a trainee who is engaged in the fitting or selling of hearing aids.

(3) In order to ensure that meaningful supervision is available to each person engaged in training to become a licensed hearing aid dealer and fitter, no person, firm, partnership, association or corporation shall employ or have any form of relationship with more persons who hold hearing aid dealers and fitters trainee permits than it employs persons who hold hearing aid dealers and fitters licenses. Any licensed hearing aid dealer and fitter acting as a supervisor must be licensed for at least two years. No one licensee may supervise more than two trainees at any time. For the purpose of interpreting this rule, all persons in an organization who hold hearing aid dealers and fitters licenses shall be considered employees. However, no trainee shall be required to leave the place of employment simply because the licensed supervisor leaves. The trainee shall be permitted to work under the supervision of another licensed person until the board is properly notified of the change in supervision within three working days. No trainee may serve under more than one supervisor at a time.

(4) It shall be the responsibility of the trainee to submit to the supervisor all testing and sales documents pertinent to each sale, whether consummated or not. Failure to do so shall be considered a violation of division (M) of section 4747.12 of the Revised Code and paragraph (C)(2) of rule 4747-1-15 of the Administrative Code.

Effective: 02/01/2009
R.C. 119.032 review dates: 02/08/2008 and 02/01/2014
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.10
Prior Effective Dates: 2/1/1977, 4/15/84

4747-1-15 Fraud and/or misrepresentation, suspension, revocation or refusal of issuance of licenses and trainee permits.

(A) Fraud and/or misrepresentation:

(1) No holder of a license or permit shall misrepresent the facts or commit fraudulent acts before, during or after the sale of a hearing aid, nor shall the holder of the license or permit use either means to obtain any fee.

(2) Without limiting the scope of section 4747.09 or 4747.12 of the Revised Code, any of the following representations may be considered as fraudulent or a misrepresentation:

(a) That the hearing aid has sponsorship, approval performance characteristics, accessories, or uses it does not have.

(b) That the hearing aid will provide benefits it will not provide.

(c) That the hearing aid is of a particular brand model, engineering design or prescription if it is not, unless manufacturing constraints limited the original intent.

(d) That the hearing aid is new or reconditioned if it is not.

(e) The hearing aid is in need of extensive repairs and/or is in need of replacement if it is not.

(f) That the hearing aid is available to the purchaser for a reason that does not exist.

(g) That the hearing aid may be purchased below the dealer's regular price because of a special price advantage, if it does not exist.

(3) In determining whether an act or practice is fraudulent or constitutes misrepresentation, the following circumstances shall be considered, but not exclusively. Whether the holder of a license or trainee permit:

(a) Took advantage of the inability of the purchaser reasonably to protect the individual's own interests because of physical or mental infirmities, ignorance, illiteracy or inability to understand the language of an agreement either verbal or written.

(b) Did not fully inform the purchaser of a hearing aid with obviously poor discrimination for speech of the individual's inability to obtain reasonable benefit.

(c) Made statements to mislead the purchaser into believing the individual's hearing will suffer if the individual does not purchase either one or two aids.

(d) Required the hearing aid purchaser to agree to contract terms which were substantially one-sided in favor of the dealer, fitter or trainee.

(e) Made false statement of fact, including, but not limited to statements made in advertising as defined in rule 4747-1-16 of the Administrative Code, on which the hearing aid purchaser was likely to rely, to the individual's detriment.

(f) Informed the client that the client's present hearing aid was beyond repair or inappropriate for the type or amount of loss when there was no evidence to support these statements.

(B) By reason of the authority of section 119.061 of the Revised Code, the board may, in addition to those reasons enumerated in section 4747.12 of the Revised Code, also suspend or revoke a license or trainee permit if the holder thereof engages in deceptive trade practices as defined under section 4165.02 of the Revised Code; and, as provided by section 4165.02 of the Revised Code, the holder of a license or trainee permit will be considered to have engaged in a deceptive trade practice if, in the practice of dealing in or fitting of hearing aids as defined by section 4747.01 of the Revised Code, that licensee or trainee;

(1) Passes off goods or services as those of another;

(2) Causes likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services.

(3) Causes likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by another;

(4) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, in quantities that they do not have or that a person has sponsorship, approval, status affiliation or connection that the licensee or trainee does not have;

(5) Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;

(6) Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(7) Disparages the goods, services, or business of another by false representation of fact;

(8) Advertises goods or services with intent not to sell them as advertised;

(9) Makes false statements of fact concerning the reasons for, existence of, or amounts of price reductions;

(10) Advertises goods or services with intent not to supply reasonable expectable public demand, unless the advertisement discloses a limitation of quantity.

(C) Revocation or suspension of a supervisor's license:

(1) Responsibility for the compliance with this law and its attendant rules by a trainee permit holder shall rest with the licensed supervisor who is registered as, or whom the board determines is, the trainee's supervisor at the time any noncompliance may occur.

(2) If a trainee violates any provision of section 4747.12 or 4165.02 of the Revised Code (see paragraph (B) of this rule), the board may institute formal proceeding under either or both of these sections, pursuant to Chapter 119 of the Revise Code, against the trainee's supervisor, as well as, or instead of the trainee, to determine whether the supervisor's license as a hearing aid dealer and fitter should be suspended or revoked.

(3) Failure of a supervisor to supervise a trainee, either generally or as required by rule 4747-1-14 of the Administrative Code. Failure of a trainee to maintain contact and communication with a supervisor shall also constitute gross incompetence or negligence in the fitting or sale of hearing aids in violation of division (M) of section 4747.12 of the Revised Code.

(4) The supervisor will be relieved of the responsibility for the activities of a trainee if the supervisor advises the board and the trainee in writing of the supervisor's intention to cease to supervise the trainee. The supervisor should return promptly said trainee permit certificate and wallet-size certificate replica to the board for safekeeping and shall also issue subject trainee a dated receipt for said certificate. If the certificate cannot be returned, an explanation should be included in the supervisors withdrawal notification. It shall be the responsibility of the trainee to surrender the trainee's permit and wallet-size replica to the supervisor for return to the board. Failure to do so, shall constitute negligence in violation of division (M) of section 4747.12 of the Revised Code and paragraph (C)(2) of this rule.

(D) Suspension or revocation for inadequate testing: Failure of the holder of a license or trainee permit to comply generally with the requirements of rule 4747-1-19 of the Administrative Code, or any provision thereof with respect to test procedures and the written records to be kept regarding such procedures, shall constitute the fitting or selling or the attempted fitting or selling of hearing aids without first utilizing the appropriate procedures and instruments required for the proper fitting of hearing aids in violation of division (J) of section 4747.12 of the Revised Code, gross incompetence or negligence in the fitting or sale of hearing aids in violation of division (M) of section 4747.12 of the Revised Code, and also, where appropriate, the obtaining of a fee or the making of a sale of a hearing aid by fraud or misrepresentation in violation of division (C) of section 4747.12 of the Revised Code, and the board may institute formal proceedings under one or more of these sections, pursuant to Chapter 119. of the Revised Code, against the holder of such license or trainee permit to determine whether that license or trainee permit should be suspended or revoked.

(E) Suspension or revocation for violation of related laws. A conviction of any provision of Ohio law, shall constitute grounds for revocation or suspension. Proven violations of sections 1345.02 and 1345.03 (part of the Ohio Consumers Sales Practices Act), sections 1345.21 to 1345.31 (the Ohio Home Solicitation Sales Act), section 4165.02 (part of the Ohio Deceptive Trade Practices Act), section 4747.02 , division (B) of section 4747.05 , section 4747.09 and 4747.14 of the Revised Code, by holder of a license or trainee permit while such holder of said license or trainee permit is engaged in the practice of dealing in or fitting of hearing aids as defined by section 4747.01 of the Revised Code, shall constitute gross incompetence or negligence in the fitting or sale of hearing aids in violation of division (M) of section 4747.12 of the Revised Code and shall also constitute, where appropriate, the obtaining of a fee or the making of a sale of a hearing aid by fraud or misrepresentation in violation of division (C) of section 4747.12 of the Revised Code, and the board may institute formal proceedings under either or both of these sections pursuant to Chapter 119. of the Revised Code, against the holder of such license or trainee permit to determine whether that license or trainee permit should be suspended or revoked.

(F) Refusal to issue license or trainee permit. Falsification of or the commission of perjury upon any application for license under section 4747.05 of the Revised Code or for a trainee permit under section 4747.10 of the Revised Code, or violation of any provision of section 4747.02 or 4747.14 of the Revised Code, shall constitute lack of good moral character within the meaning of divisions (C) and (A)(2) of section 4747.05 and division (C) of section 4747.10 of the Revised Code, and the board may refuse to issue such license or trainee permit, for lack of good moral character under either of these sections pursuant to Chapter 119. of the Revised Code.

(G) It is not intended that this rule be exhaustive, and the board may, if otherwise legally authorized, institute formal proceedings pursuant to Chapter 119. of the Revised Code for reasons other than those contained herein.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.12
Prior Effective Dates: 2/1/1977, 4/15/84, 2/15/97

4747-1-16 Advertising.

Advertising includes the distribution, placement or offering of materials to the general public including, but not limited to, replicas, descriptive literature on wearable hearing aids or literature on hearing loss by an individual or organization whose business includes the merchandising of hearing aids for sale.

Replaces: 4747-1-16

Effective: 06/01/2008
R.C. 119.032 review dates: 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.02 , 4747.04 , 4747.12
Prior Effective Dates: 2/1/77, 4/15/84

4747-1-17 Licensee responsibilities.

(A) A licensed hearing aid dealer or fitter shall utilize the results of appropriate test procedures on every individual to whom the licensed dealer or fitter sells to or fits a hearing aid for and have them on file for a period of two years. The licensed dealer shall assume responsibility for the accuracy of test results prepared by others or perform re-tests according to rule 4747-1-19 of the Administrative Code.

(B) A licensed hearing aid dealer or fitter shall notify the board of any change of business or home address within thirty days.

(C) A licensed hearing aid dealer or fitter shall notify the board of the entry of any felony or misdemeanor convictions other than minor traffic violations within thirty days.

(D) A licensee shall comply within thirty days to a request for information from the board and must cooperate fully with any investigation conducted by the board.

(E) Failure to comply with paragraph (B), (C), or (D) of this rule, may result in disciplinary action by the board, including suspension or revocation of a license.

Replaces: 4747-1-17

Effective: 08/01/2008
R.C. 119.032 review dates: 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.02 , 4747.12
Prior Effective Dates: 2/1/77, 4/15/84

4747-1-18 Complaint procedures.

(A) A copy of the original written complaint will be distributed by the secretary to all board members immediately upon receipt.

(B) The board or any of its employees may also file a complaint against any hearing aid dealer, trainee, firm, partnership, association or corporation.

(C) Once filed with the board, a complaint will remain active until resolved to the board's satisfaction.

(D) When a license or trainee permit is revoked or suspended, all license or permit certificates shall be returned to the board by certified mail within fifteen days of receipt of notification by the licensee or permit holder.

(E) Complaints against licensees or holders of a trainee permit pursuant to section 4747.13 of the Revised Code. Any person may make a complaint against any person, firm, partnership, association or corporation pursuant to Chapter 4747. of the Revised Code. The complaint shall be submitted in writing to this board within one year from the date of the action or event upon which the complaint is based. The board shall determine whether the charges in the complaint constitute probable cause to warrant a hearing before the board to determine whether the license or permit of the holder thereof shall be revoked or suspended. If the board determines that a hearing is warranted, it shall set the date, time, and place of such hearing and deliver or cause to have delivered, either in person or by certified mail, at least twenty days before the date of such hearing, an order informing the licensee of the date, time, and place where he shall appear before the board. Such order shall include a copy of the complaint against the licensee. A hearing on the matter shall be conducted in accordance with Chapter 119. of the Revised Code.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.13
Prior Effective Dates: 2/1/1977, 4/15/84, 2/15/97

4747-1-19 Rules on appropriate test procedures.

For the purpose of dealing in or fitting of hearing aids the following test procedures performed bilaterally are considered to be appropriate, and as prescribed by division (J) of section 4747.12 of the Revised Code.

(A) Tests of threshold.

Puretone air threshold tests must be performed at least at two hundred fifty, five hundred, one thousand, two thousand, three thousand, four thousand, and six thousand Hertz. Bone-conduction threshold tests must be performed at least at five hundred, one thousand, two thousand, and four thousand. On clients whose bone-conduction thresholds have been previously measured, and those measures are part of the client's permanent record, new bone-conduction testing may be omitted if there has been no change in the air conduction thresholds greater than 5dB. Appropriate masking shall be used, with levels indicated on the test record, whenever necessary to obtain valid results.

(B) Test of tolerance includes most comfortable listening level (MCL) and uncomfortable listening level (UCL).

(C) Test of speech awareness or speech reception threshold, and speech understanding or speech discrimination. All such tests are to be recorded in writing, and if the examiner was unable to complete any tests because of the client's inability to perform for any reason, that inability should be clearly stated and the reasons fully noted on the test record. All testing should be done only for the purpose of dealing in or fitting of hearing aids utilizing traditional state-of-the-art procedures. Appropriate masking must be used, with levels indicated on the test record, whenever necessary to obtain valid results. Measuring instruments other than audiometers may be used under division (J) of section 4747.12 of the Revised Code, provided they are used with an audiometer either separately or together.

(D) Test environment.

The test environment should meet "American national standards institute" (ANSI) standards (SID 1996) or latest revision as adopted; otherwise, the test environment must be described on the test record as quiet, average, or noisy.

(E) Symbols.

Symbols used in recording test results must appear in a legend on the face of the test record.

(F) View of ear canal:

The licensee or trainee shall use an otoscope to complete an ear canal inspection of both ears. Any identified abnormalities shall be noted on the test record.

(G) Calibration of equipment:

Electroacoustic analysis and calibration of testing equipment shall be completed annually on any test equipment, which record shall be kept for two years.

(H) Medical referral:

A licensee should advise a prospective hearing aid user to consult promptly with a licensed physician (preferably an ear specialist) before dispensing a hearing aid to the perspective hearing aid user, and promptly document the fact that such a referral was made in the individual's case record, if it is determined through documented case history, actual observation, or review of any other available information concerning the prospective user, that any of the following conditions exist:

(1) Visible congenital or traumatic deformity of the ear.

(2) Visible evidence of cerumen accumulation or a foreign body in the ear canal.

(3) History of active drainage from the ear 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) History of sudden or rapidly progressive hearing loss within the previous ninety days.

(7) Pain or discomfort in the ear.

(8) Audiometric air-bone gap equal to or greater than fifteen decibels at five hundred, one thousand, and two thousand Hertz.

(I) Except as noted in paragraph (J) of this rule, a licensee shall not sell a hearing aid unless the prospective user has presented to the licensee a written statement signed by a licensed physician that states the patient's hearing loss has been medically evaluated and the patient may be considered a candidate for a hearing aid. The medical evaluation must have taken place within the preceding six months.

(J) An exception to medical referral can be made only if the prospective hearing aid user is eighteen years of age or older and following viewing of the ear canals, taking a case history and completing appropriate testing. The licensee may, in such cases, afford the prospective user an opportunity to waive the medical evaluation provided that the licensee:

(1) Informs the prospective user that the exercise of the waiver is not in the user's best health interest;

(2) Does not in any way actively encourage the prospective user to waive such medical evaluation; and

(3) Affords the prospective user the opportunity to sign a wavier stipulating to the above. The waiver shall be printed in bold-face type of the minimum size of ten points to include the following statements:

"I have been advised by

__________________________________________

(Hearing Aid Dispenser's 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 (preferably a physician who specializes in diseases of the ear) before purchasing a hearing aid. I do not wish a medical evaluation before purchasing a hearing aid."

The licensee or trainee must provide the prospective hearing aid user with a copy of this signed waiver.

Effective: 05/01/2009
R.C. 119.032 review dates: 02/08/2008 and 05/01/2014
Promulgated Under: 119.03
Statutory Authority: 4747.04
Rule Amplifies: 4747.12
Prior Effective Dates: 2/1/77, 4/15/84, 2/15/97

4747-1-20 Sunshine law.

(A) The secretary of the hearing aid dealers and fitters licensing board shall maintain a record of each regular and special meeting of the board which shall state the time and place of each regular meeting of the board. Any person may determine or obtain such information at the office of the board in Columbus, Ohio or by writing to the secretary of the hearing aid dealers and fitters licensing board, 246 north High street, Columbus, Ohio 43215, as provided in division (B) of this rule, or by telephone (614) 466-5215.

(B) Any person may obtain reasonable advance written notification in the form of a copy of the agenda of all meetings of the board at which any specific type of public business is to be discussed or may request to be placed upon a general subscription mailing list, by paying an annual subscription mailing fee of eight dollars (valid for one year from the date of receipt of such fee by the secretary of the board) or by providing the secretary of the board with self-addressed stamped envelopes suitable for such purpose.

(C) The secretary of the board shall maintain a list of news media which have requested notification, and such media shall be given at least twenty-four hours' advance notice of each special meeting of the board, except in the event of an emergency requiring immediate official action. In the event of an emergency, the secretary of the board on behalf of the members of the board calling the meeting shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 119., 4747.04
Rule Amplifies: 121.22
Prior Effective Dates: 12/15/1975, 12/15/77

4747-1-21 Rules governing personal information systems.

(A) The board shall appoint one employee to be directly responsible for the custody and security of each personal information system maintained by the board. Said employee shall:

(1) Inform all employees who have any responsibility for the operation or maintenance of said system or the use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and rules adopted thereunder; and,

(2) Inform all persons requested to supply personal information for a system whether or not they are legally required to provide such information; and,

(3) Restrict the collection, maintenance and use of personal information to only that which is necessary and relevant to functions of the board as required or authorized by statute, ordinance, code or rule; and,

(4) Provide all persons, asked to supply personal information that will be placed in an interconnected or combined system, with information relevant to the system, including the identity of all other agencies or organizations that have access to the information in the system; and,

(5) Allow a person who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. Upon the request and verification that the person requesting access to the record is the subject of information contained in the system, the employee shall:

(a) Inform the person of any personal information in the system of which the person is the subject;

(b) Permit the person, or the person's legal guardian, or an attorney who presents a signed authorization made by the person, to inspect all personal information in the system of which the person is the subject, except where prohibited by law;

(c) Inform the person of the uses made of the personal information and identify other users who have access to the system;

(d) Allow a person who wishes to exercise the person's rights as provided by this rule to be accompanied by one individual of his choice;

(e) Provide, for a reasonable charge, copies of any personal information the person is authorized to inspect.

(6) Investigate disputes concerning the accuracy, relevance, timeliness or completeness of personal information pursuant to section 1347.09 of the Revised Code and paragraph (D) of this rule.

(B) The board shall reprimand in writing any employee who initiates or otherwise contributes to any disciplinary or other punitive action taken against another individual who brings to the attention of appropriate authorities, the press, or a member of the public, any evidence of unauthorized use of any material contained in the personal information system. A copy of the reprimand shall be entered in the employee's personal file.

(C) The board shall monitor its personal information system by:

(1) Maintaining the personal information system with the accuracy, relevance, timeliness, and completeness necessary to assure fairness in any determination made by the board which is based on information contained in the system; and,

(2) Eliminating unnecessary information from the system.

(D) The board shall investigate, upon request, the accuracy, relevance timeliness or completeness of the personal information which is disputed by the subject of a record contained in this system within ninety days after receipt of a request from the disputant; and,

(1) Notify the disputant of the results of the investigation and any action the board intends to take with respect to the disputed information; and,

(2) Delete any information that the board cannot verify or that the board finds to be inaccurate; and,

(3) Permit the disputant, if the disputant is not satisfied with the determination made by the board, to include within the system:

(a) A brief statement of the disputant's position on the disputed information; or,

(b) A brief statement that the disputant finds the information in the system to be inaccurate, irrelevant, outdated, or incomplete.

(4) The board shall maintain a copy of all statements made by a disputant.

(E) The board shall not place personal information into an interconnected or combined system, unless said system contributed to the efficiency of other agencies or organizations authorized to use the system in implementing programs which are required or authorized by law.

(F) The board shall not use personal information placed into an interconnected or combined system by another state or local agency or an organization, unless the personal information is necessary and relevant to the performance of a lawful function of the board.

(G) The board shall make available, upon request, all information concerning charges made by the board for reproduction of materials contained in its personal information system.

(H) Nothing in this rule shall be construed as to prevent access of board members to case records and files.

Effective: 06/01/2008
R.C. 119.032 review dates: 02/08/2008 and 06/01/2013
Promulgated Under: 119.03
Statutory Authority: 119., 4747.04
Rule Amplifies: 1347.06
Prior Effective Dates: 4/15/1984