Lawriter - OAC - 4753-8-04 Sales receipt.

4753-8-04 Sales receipt.

(A) An audiologist shall furnish each person supplied with a hearing aid receipt showing the licensee's signature, the number of his/her license certificate, the complete address of his/her place of business, a complete description of the make and model of hearing aid furnished, the full terms of sale, including the terms of guarantee, if any, and if the hearing aid sold is not new, the receipt shall also be clearly marked "used" or "reconditioned," whichever is applicable. Each receipt shall also bear, in type no smaller than that used in the body of the receipt, the following legend: "the purchaser is advised that any examination, fitting, recommendation, or representation made by a licensed hearing aid dealer or fitter in connection with the sale of this hearing aid is not an examination, diagnosis, or prescription made by a person licensed to practice medicine in this state and, therefore must not be regarded as medical opinion or advice."

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

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 $......

(C) The following definitions shall apply:

(1) 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 audiologist's license was issued to that individual license.

(2) The "complete address of his/her place of business" includes the telephone number of the business.

(3) "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.

(D) The terms of guarantee statement on the sale 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.

(E) In accordance with section 4753.10 of the Revised Code, the board may reprimand, place on probation, suspend, revoke or refuse to issue or renew the license of any audiologist who does not exercise appropriate procedures as set forth in this rule.

Five Year Review (FYR) Dates: 09/23/2014 and 09/23/2018
Promulgated Under: 119.03
Statutory Authority: 4753.05
Rule Amplifies: 4753.05 , 4753.12(K), 4753.14
Prior Effective Dates: 11/16/1992 (Emer.), 2/9/93, 6/27/97