Chapter 4747-1 | General Provisions

Rule 4747-1-02 | Definitions and interpretations.

• Effective: January 1, 2025
• Promulgated Under: 119.03

(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 if they had knowledge of the fraud or mispresentation, 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 shall only apply to prescription hearing aids and includes a complete hearing examination performed bilaterally as defined in paragraphs (A) to (H) of rule 4747-1-19 of the Administrative Code and the 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. The practice of dealing in or fitting of a hearing aid does not apply to the category of hearing aids defined by the U.S. food and drug administration as over-the-counter hearing aids.

(D) A "hearing screening" means a quick test to determine if an individual is a candidate for a hearing aid and the results of the hearing screening are reported to the individual as either pass or fail. A hearing screening and the pass/fail results of a hearing screening do not mean the practice of dealing in or fitting of prescription hearing aids as defined under paragraph (C) of this rule and do not mean a hearing test as defined under paragraphs (A) to (H) of rule 4747-1-19 of the Administrative Code.

(E) "Contact hours" means the actual time a trainee or trainees spend under the direct an immediate supervision of a licensed hearing aid dealer or fitter acting as a supervisor.

(F) "Supervision" means the availability and responsibility of the supervisor for direction of the actions of the person supervised.

(G) "Mail" means send a notification/service in the form of paper or electronic including notification by email or public posting by website or electronic notification board or page.

Last updated January 2, 2025 at 8:27 AM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.04
Five Year Review Date: 10/24/2027
Prior Effective Dates: 2/1/1977, 4/15/1984

Rule 4747-1-03 | Licensing requirements.

• Effective: April 15, 1984
• Promulgated Under: Ch 119.

(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.

Last updated September 11, 2023 at 1:46 PM

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:
Prior Effective Dates: 11/16/1971, 2/1/1977

Rule 4747-1-08 | Application for license and permits.

• Effective: June 11, 2017
• Promulgated Under: 119.03

(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. All applications for initial licensure shall be submitted to the board on forms provided by the board. All applications, fees, statements, and other documents so submitted shall be retained by the board.

(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. Applications shall be:

(1) Typewritten or printed in ink or submitted electronically via the Ohio eLicense system;

(2) Signed by the applicant or electronically signed if applying electronically via the Ohio eLicense system;

(3) Accompanied by the fee prescribed by section 4747.05 of the Revised Code; and

(4) Accompanied by such evidence, statements, or documents as specified on the application form and in the instructions from the section.

(C) Failure to complete all forms and provide all information may be just cause for denial of the application by the board. For the purpose of filing an electronic application via the Ohio eLicense system, the board shall supply the applicant with a "UserID" and password. The use of the "UserID" and password provided by the board is solely the responsibility of the individual to whom it is issued and shall be limited to filing an electronic application for initial licensure. The "UserID" and password shall constitute the legally recognized signature for the purposes of this rule and may not be transferred, distributed, or shared with any othe person.

(D) Any application received in accordance with this rule that remains incomplete one year after the initial application filing shall be considered to be abandoned and no further processing shall be undertaken with respect to that application.

(1) If the application process extends for a period longer than one year, the board may require updated information as it deems necessary.

(2) No application for licensure may be withdrawn without approval of the board.

(3) Submitted fees shall be neither refundable nor transferable.

(E) In the case of a trainee permit, the supervisor's name, address, license number, and signature shall appear or electronically signed if applying electronically via the Ohio eLicense system. Every trainee shall be assigned a supervisor. The supervisor's name shall appear on the trainee permit and may not be changed without the trainee first requesting in writing or via the Ohio eLicense system 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.

Last updated September 11, 2023 at 1:47 PM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.05, 4747.10
Five Year Review Date: 10/24/2027

Rule 4747-1-09 | Examination.

• Effective: June 11, 2017
• Promulgated Under: 119.03

(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. Notification may be made by any method reasonably designed to accurately inform the person including written and electronic notice.

(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.

Last updated September 11, 2023 at 1:47 PM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.08
Five Year Review Date: 10/24/2027
Prior Effective Dates: 4/15/1984

Rule 4747-1-10 | Reciprocity.

• Effective: June 1, 2008
• Promulgated Under: 119.03

(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.

Last updated September 11, 2023 at 1:47 PM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.04
Five Year Review Date: 10/24/2027
Prior Effective Dates: 2/15/1997

Rule 4747-1-11 | Renewal procedures.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(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 shall rest 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 once. 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, the trainee shall submit a renewal application and statement attesting that the trainee has not engaged in the fitting and sale of hearing aids from the date of the expiration of the trainee permit to the present, and the prescribed fee to the board. The board shall not renew a trainee permit to an individual more than one time.

(C) Continuing education hours

(1) A licensee shall earn twenty hours of continuing education within the two-year licensure period immediately preceding the licensee's renewal application. One clock hour of continuing education is equal to sixty minutes of continuing education. Only actual hours of education activity shall be counted. Lunches, breaks and other interruptions of the education program shall not count toward the required hours. For a hearing aid fitter license, at least ten hours shall be specific to the measurement and testing of human hearing, the making of impressions for earmolds, or selecting and adapting of hearing aids. Continuing education clock hours must be acquired in subjects related to hearing aid fitting or audiology.

(2) At least two of the twenty hours of continuing education shall relate to ethics.

(3) A licensee is not required to obtain continuing education for the first renewal.

(4) Continuing education hours may not be carried over from one licensure period to the next.

(5) An individual who previously held an Ohio hearing aid fitters license shall as part of an application for relicensure submit documentation of completing the continuing education hours required, or as approved by the board.

(6) Upon fulfillment of all legal requirements for renewal, including the signed renewal application form or via the Ohio eLicense system attesting to the completion of required clock hours of continuing education, licensees shall receive renewal of licensure.

(7) All licensees shall complete the required clock hours of continuing education prior to the thirty-first day of December of the renewal year.

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

(D) Continuing education programs

Continuing education may be earned in the following continuing education experiences:

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

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

(3) Any activity approved for continuing education by the international hearing society; any continuing education activity offered by an American speech-language-hearing association approved continuing education provider; or the American academy of audiology.

(E) Continuing education credit for provision of health care services:

In accordance with division (B) of section 4745.04 of the Revised Code, up to one-third of the continuing education requirements may be completed by providing volunteer services to indigent and uninsured persons. To qualify under this rule, volunteer services shall:

(1) Be provided at a free clinic or other non-profit organization that offers health care services based on eligibility screenings identifying the client as an "indigent and uninsured person" as that term is defined in division (A)(7) of section 2305.234 of the Revised Code;

(2) Be documented in writing in the form of a certificate or a written statement on letterhead from an administrative official at the organization where services were rendered, specifying at a minimum the license holder's name, license number, date(s) of qualifying volunteer services, and number of hours of services.

(3) Not be credited for license holders in a paid position at the organization at which the services are rendered;

(4) Be provided without receiving any compensation or other form of remuneration;

(5) Be specific to the licensee's area of license, such as specific to dealing in and/or fitting of hearing aids;

(6) Be credited as one hour of continuing education for each sixty minutes spent providing services as a volunteer, not to exceed three hours of the total annual continuing education requirement; and

(7) Not count toward the requirements of paragraph (C)(1) of this rule to complete one hour of continuing education in ethics or Ohio state law.

(F) Documentation of continuing education:

(1) The licensee shall sign and submit to the board a form or via the Ohio eLicense system attesting to completion of required hours of continuing education at the time of license renewal.

The licensee shall retain supporting documents for inspection by the board for four years after the date of renewal.

(2) Licensees to be audited shall receive notification of audit from the board. The licensee being audited shall submit to the board proof of completion of the required continuing education hours.

(3) 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.

(G) Continuing education audit:

(1) The board may audit the continuing education of any licensee.

(2) Licensee to be audited shall receive notification of the audit from the board. The licensee being audited shall submit to the board documentation of continuing education hours as defined by paragraph (F) of this rule.

(3) The board may disapprove continuing education hours and shall notify the licensee of this action according to the provisions of Chapter 119. of the Revised Code.

(4) The failure to comply with an audit notification may, for purposes of disciplinary action pursuant to section 4747.12 of the Revised Code, be considered to be unprofessional conduct in the practice of hearing aid dealing or hearing aid fitting and/or misrepresentation in obtaining or attempting to obtain a license.

(5) The board may disapprove continuing education hours for renewal, relicensure, audit, or ethical practice and shall notify the applicant or licensee of this action according to the provisions of Chapter 119. of the Revised Code.

(6) Submission of a false statement or documentation of continuing education shall result in reprimand, probation, suspension, revocation, or refusal to issue or renew a license according to the provisions of Chapter 119. of the Revised Code.

(7) Failure to meet continuing education requirements or failure to substantiate continuing education hours upon request of the board shall result in reprimand, probation, suspension, revocation, or refusal to issue or renew a license according to the provisions of Chapter 119. of the Revised Code.

(8) If a licensee submits the renewal form after the expiration date, the board shall assess a late fee and may audit the licensee. If the licensee attested yes on their renewal application to completing the continuing education requirements and is subsequently determined that the required continuing education hours were not completed prior to the renewal deadline, the licensee will be subject to a late fee.

(H) Continuing education audit procedures:

(1) At each renewal period, the board shall audit up to ten per cent of the renewal applications.

(2) The board members shall be audited for the required continuing education hours.

(3) The board shall send notification of audit to licensees to be audited.

(4) The licensee being audited shall submit to the board a report of the continuing education hours required for renewal along with the appropriate documentation.

(I) Late renewal requirements:

A hearing aid dealer or fitter may apply for renewal of an expired license if the license has been expired within ninety days from the date the license initially expired.

(J) Expired license requirements:

(1) A hearing aid dealer may apply for relicensure of an expired dealer's license by completing an application for relicensure and paying the fee charged for an initial dealer's application.

(2) A hearing aid fitter may apply for relicensure of an expired fitter's license, without an examination requirement, for two years or less by completing an application for relicensure and paying the fee charged for an initial hearing aid fitter's application. The board shall issue the hearing aid fitter's license if the hearing aid fitter:

Submits documentation of completion of continuing education hours required for the two-year period immediately preceding the year of the application for relicensure.

Last updated January 3, 2023 at 8:47 AM

Supplemental Information

Authorized By: 4744.28, 4747.04
Amplifies: 4747.06, 4747.10
Five Year Review Date: 3/15/2022
Prior Effective Dates: 2/1/1977, 2/15/1997

Rule 4747-1-12 | Duplicate certificates.

• Effective: August 12, 2019
• Promulgated Under: 119.03

The board shall issue duplicate copies of a license or permit upon a service request submitted in eLicense Ohio.

Last updated September 11, 2023 at 1:47 PM

Supplemental Information

Authorized By: 4744.28, 4747.04
Amplifies: 4747.07
Five Year Review Date: 10/24/2027

Rule 4747-1-13 | Sales receipt.

• Effective: August 12, 2019
• Promulgated Under: 119.03

(A) Each licensed hearing aid dealer or fitter shall furnish each person supplied with a hearing aid a receipt showing the following:

(1) The licensee's signature. 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;

(2) The number of the licensee's license certificate;

(3) The complete address and telephone number of the licensee's place of business;

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

(5) 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. 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:

(a) 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."

(b) 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.

(B) 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."

(C) In accordance with division (D) 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 or fitter, 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 $. . . ."

Last updated October 24, 2022 at 11:49 AM

Supplemental Information

Authorized By: 4744.28, 4747.04
Amplifies: 4747.09
Five Year Review Date: 10/24/2027

Rule 4747-1-14 | Trainees.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(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) Prior to submitting an application for a hearing aid fitter license or upon expiration of the trainee permit or a renewal thereof, the trainee permit holder shall submit to the board a "Trainee Supervision Report" attesting that the trainee permit holder and supervisor have complied with all the supervision requirements under section 4747.10 of the Revised Code and this rule.

(4) 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.

(5) 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.

Last updated January 3, 2023 at 8:47 AM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.10
Five Year Review Date: 3/15/2022
Prior Effective Dates: 2/1/1977

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

• Effective: January 1, 2023
• Promulgated Under: 119.03

(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 revoke, suspend, place on probation, or refuse to issue or renew a license or permit, or reprimand a license or permit holder 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) Disciplinary action 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 revoked, suspended, placed on probation, refusal to issue or renew a license or permit, or issued a reprimand against the license or permit holder.

(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) Disciplinary action 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 revoked, suspended, placed on probation, refusal to issue or renew a license or permit, or issued a reprimand against the license or permit holder.

(E) Disciplinary action 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 revoked, suspended, placed on probation, refusal to issue or renew a license or permit, or issued a reprimand against the license or permit holder.

(F) Refusal to issue license or trainee permit. The board may refuse to issue a license or trainee permit for 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, 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.

Last updated January 3, 2023 at 8:47 AM

Supplemental Information

Authorized By: 4744.28, 4747.04
Amplifies: 4747.04, 4747.12
Five Year Review Date: 1/1/2028
Prior Effective Dates: 2/1/1977, 8/12/2019

Rule 4747-1-16 | Advertising.

• Effective: June 1, 2008
• Promulgated Under: 119.03

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.

Last updated September 11, 2023 at 1:48 PM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.02, 4747.04, 4747.12
Five Year Review Date: 10/24/2027
Prior Effective Dates: 2/1/1977

Rule 4747-1-17 | Licensee responsibilities.

• Effective: January 1, 2023
• Promulgated Under: 119.03

(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, firm, partnership, association, or corporation shall notify the board of any change of business or home address within thirty days after the change. A licensed hearing aid dealer, firm, partnership, association, or corporation shall notify the board of any sale of its licensed hearing aid business no later than thirty days from the date of the sale. Notification may be made by mail, fax, eMail, or electronically by logging into the Ohio eLicense system.

(C) A licensed hearing aid dealer or fitter shall notify the board in writing of any felony or misdemeanor conviction other than minor traffic violations, including the case number and the court, within thirty days from the date of conviction.

(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 revocation, suspension, placing on probation, or refusing to issue or renew a license or permit or reprimanding a licensee or permit holder.

Last updated January 3, 2023 at 8:48 AM

Supplemental Information

Authorized By: 4744.28, 4747.04
Amplifies: 4747.02, 4747.12
Five Year Review Date: 3/15/2022
Prior Effective Dates: 2/1/1977, 4/15/1984, 8/1/2008

Rule 4747-1-19 | Rules on appropriate test procedures.

• Effective: January 1, 2024
• Promulgated Under: 119.03

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.

Last updated January 2, 2024 at 8:43 AM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.12
Five Year Review Date: 10/24/2027
Prior Effective Dates: 5/1/2009

Rule 4747-1-22 | Fees.

• Effective: August 12, 2019
• Promulgated Under: 119.03

(A) Pursuant to division (B) of section 4747.04 of the Revised Code the application fee for a hearing aid dealer's license shall be two hundred dollars to be paid at the time the application is filed with the board. The fee for the hearing aid fitter's license shall be two hundred and sixty two dollars. The initial license shall be valid for the biennium in which it is issued.

(B) When an initial, restored, or previously expired license is issued less than one hundred days before December thirty-first of the renewal year, the board shall waive the renewal fee and the license shall be considered to have been issued in the next renewal cycle for purposes of the continuing education requirements of rule 4747-1-11 of the Administrative Code.

(C) Pursuant to division (A) of section 4747.06 of the Revised Code:

(1) The biennial renewal licensing fee shall be one hundred twenty dollars for a holder of a hearing aid dealer's or hearing aid fitter's license.

(2) A license shall be renewed by December thirty-first of every other year. The Board shall notfiy the licensee of the renewal through the eLicense Ohio license management system.

(D) Pursuant to section 4747.10 of the Revised Code:

(1) The fee for a trainee permit shall be one hundred and fify dollars.

(2) The fee for a second trainee permit shall be one hundred and five dollars

(E) The board shall provide an electronic license or permit verification website to allow the public, a license holder or permit holder to search for and verify the current authorization status, initial issue date and expiration date of a license or permit. Additionally, the electronic license or permit verification website shall inform the public if any administrative action has been taken against the license or permit holder. Any practice after expiration of the license is a violation of section 4747.02 of the Revised Code and shall be reported to the employer of the licensee when applicable.

(F) The late fee for license renewal after December thirty-first of the renewal year until ninety days after the license has expired shall be one hundred twenty dollars.

Last updated October 7, 2024 at 12:53 PM

Supplemental Information

Authorized By: 4744.28, 4747.04
Amplifies: 4747.04, 4747.05, 4747.06, 4747.10
Five Year Review Date: 9/25/2029

Rule 4747-1-23 | Code of ethics.

• Effective: May 1, 2025
• Promulgated Under: 119.03

(A) Definitions:

(1) Unprofessional conduct means any departure from or failure to conform to the minimal standards of acceptable and prevailing practice and shall also include, but not be limited to the provision of professional services which are detrimental to person(s) being served.

(2) Dual relationship means when more than one role occurs between the licensee and person(s) being served professionally. A dual relationship is prohibited when the relationship between the licensee and person(s) being professionally served involves a sexual or intimate relationship or other conduct that constitutes a conflict of interest.

(3) Committing an act of sexual abuse or misconduct against a client means any unwelcome behavior of a sexual nature that is committed without consent, by force, intimidation, coercion, or manipulation. Sexual abuse or misconduct can be committed by a person of any gender, and it can occur between people of the same or different genders.

(4) Exploitation of a client means to take unfair advantage of a person(s) being professionally served.

(5) Violating client confidentiality means a failure to protect and keep confidential any personal health information without the authorization or consent of person(s) professionally served or where prohibited by law.

(6) Conflict of Interest means personal, financial, or other considerations influenced or compromised professional judgment and objectivity to person(s) professionally served.

(7) Informed consent means authorization by persons served, research participants engaged, or parents and/or guardians of persons served to a proposed course of action after the communication of adequate information regarding expected outcomes and potential risks. Informed consent may be verbal unless written consent is required.

(B) Preamble: Licensees shall hold tantamount the health and welfare of person(s) served or participants in research.

(1) Licensees shall respect and protect the inherent worth, integrity, dignity and rights of each person served including his/her right of self determination.

(2) The relationship between the professional and the person(s) served, supervised, or participants in research makes it imperative that the professional is aware of the vulnerability of the person(s) served, supervised, or participants in research; licensees shall not:

(a) Discriminate in his/her relationships with person(s) served supervised, or participants in research, colleagues, students, and members of the allied professions on the basis of race, ethnicity, sex, gender identity, age, religion, national origin, sexual orientation, disability, culture, language, or dialect.

(b) Engage in sexual or intimate relations with the person(s) served, supervised, or participants in research including committing an act of sexual abuse, misconduct, or exploitation of the person(s) served, including parents, step-parents, guardians, foster parents, or legal custodians of a person under the age of eighteen.

(c) Harass or abuse person(s) served, supervised, or participants in research.

(d) Engage in the fitting, dispensing or sale of hearing aids except in a professional relationship.

(e) Engage in activities that are a conflict of interest.

(3) Licensees shall use reasonable precautions to protect the health and welfare of person(s) served in the delivery of professional services and in research.

(4) Licensees shall be proficient in areas within their scope of practice, objective in the application of skills, and maintain concern for the best interests of person(s) served or supervised, participants in research, colleagues, and society as a whole.

(5) Licensees shall practice within the established standards of practice and training recognized by the international hearing society.

(6) To protect the public confidence, public behavior shall reflect a high level of moral and ethical behaviors.

(7) When making public statements, licensees shall:

(a) Provide information about professional services and products that do not contain misrepresentations or claims that are false, deceptive, or misleading.

(b) Provide accurate information about the nature and management of hearing loss and services rendered to persons served, supervised professionally, or participants in research.

(c) Announce services in a manner consonant with professional standards.

(8) Licensees shall not mislead or limit services with person(s) served, supervised, or participants in research based on professional or commercial affiliations.

(9) Licensees shall subscribe to these principles and the code of ethics adopted by the board and agree to abide by the rules of the board and Chapters 4744. and 4747. of the Revised Code.

(10) Licensees shall report to the board any violation of the board rules or any breach of the code of ethics that the licensee is aware of, except that where the violation of the board rules or code of ethics is related solely to impairment due to abuse of or dependency on alcohol or other drugs or other health-related condition, the licensee shall instead make a report to the board's safe haven program.

(11) Licensees who have knowledge that a colleague is unable to provide professional services with reasonable skill and safety due to abuse of or dependency on alcohol or other drugs or other health-related condition shall report this information to the appropriate authority, internally if a mechanism exists and and to the board's safe haven program.

(12) Licensees shall notify the board in writing of a conviction; been found guilty; or entered a plea of guilty or nolo contendere to any felony or misdemeanor convictions, other than minor traffic violations, including the case number and the court, within thirty days from the date of the conviction, plea, or finding of guilt.

(13) Individuals who have been publicly sanctioned or denied a license or a professional credential by any professional association, professional licensing authority or board, or other professional regulatory body shall self-report by notifying the board in writing of the final action or disposition and shall provide a copy of the final action, sanction or disposition within thirty days.

(C) Fundamental rules considered essential. Violation of the code of ethics shall be considered unprofessional conduct.

(1) Licensees shall maintain professional behavior.

(a) Licensees shall not engage in dishonesty, fraud, deceit, misrepresentation, or other illegal conduct that adversely reflects on the profession or the individual.

(b) Individuals shall work collaboratively, when appropriate, with members of one's own profession and/or members of other professions to deliver the highest quality of care to person(s) served or participants in research.

(c) Licensees shall not practice under the influence of illegal substances, alcohol, chemicals, or other health-related conditions that adversely affect their professional practice and shall seek professional assistance and, where appropriate withdraw from the affected areas of practice unless the licensee is a participant in the board's safe haven program and where the board's designated monitoring organization has determined that the participant is fit to practice.

(d) Licensees shall maintain a professional relationship with the board.

(i) Licensees shall conduct their practice according to Chapters 4744. and 4747. of the Revised Code and agencies 4744 and 4747 of the Administrative Code.

(ii) Licensees shall cooperate with all lawful requests of the board within thirty calendar days.

(iii) The denial or revocation of licensure in another state, or from another board in this state, may result in denial or revocation of licensure by the board.

(e) Individuals shall not engage in sexual activities with individuals (other than a spouse or other individual with whom a consensual relationship exists) over whom they exercise professional authority, judgment, or supervision, with persons receiving services, including parents, step-parents, guardians, foster parents, or legal custodians of a person under the age of eighteen, support personnel, students, or research participants.

(2) Licensees shall maintain records and keep confidentiality of person(s) served, including:

(a) Maintaining adequate and timely records of professional services rendered.

(b) Providing appropriate access to records of person(s) served professionally.

(c) Not disclosing to unauthorized persons any confidential information obtained from any person(s) served, supervised professionally, or participants in research without the written consent of person(s) served or his/her legal guardian unless required by law.

(d) Being compliant with all state and federal laws and regulations relating to records keeping, records access and patient confidentiality.

(3) Licensees shall exhibit professional behavior in the delivery of services by:

(a) Accurately representing his/her education, training, credentials and competence.

(b) Providing only services for which he/she is properly trained.

(c) Continuing their professional development to enhance their professional competence and expertise throughout their careers.

(d) Providing reasonable notice and information about alternatives for obtaining care in the event that the licensee can no longer provide professional services.

(e) Fully informing person(s) served of the nature and possible effects of service.

(f) Using all reasonable precautions to avoid injury to persons in the delivery of professional services including but not limited to the following:

(i) Established guidelines for infection control.

(ii) Established procedural techniques.

(iii) Safety guidelines for equipment.

(g) Providing only services and products that are in the best interest of person(s) served.

(h) Evaluating services rendered and products dispensed to determine effectiveness.

(i) Ensuring that all equipment used in the provision of services is in proper working order and is properly calibrated.

(j) Not withstanding rule 4747-1-13 of the Administrative Code, not guaranteeing the results of any professional service rendered or hearing aid device or product dispensed to the person(s) served.

(k) Not withstanding rule 4747-1-13 of the Administrative Code, guaranteeing of any sort, express or implied, oral or written, is contrary to professional ethics.

(l) Using every resource available, including referrals to other specialists as needed, to effect maximum improvement in person(s) served. Licensees shall:

(i) Identify competent, dependable referral sources for person(s) served professionally.

(ii) Include referrals to other appropriate healthcare professionals when the scope and nature of the indicated hearing tests is beyond the training of the licensee.

(iii) Not order excessive hearing tests or dispense hearing aids when not warranted by the condition of the person(s) served.

(iv) Make use of technology and instrumentation consistent with accepted professional guidelines in their areas of practice. When such technology is not available, an appropriate referral shall be made.

(m) Licensees shall be compliant with all state and federal laws and regulations governing the sale, fitting and dispensing of hearing aids and hearing aid products.

(n) Licensees shall not disparage the goods, services or business of another by false representation of fact.

(4) Licensees supervising trainee permit holders: shall prohibit anyone under their supervision from engaging in any act that violates Chapters 4744. and 4747. of the Revised Code or agencies 4744 and 4747 of the Administrative Code including the code of ethics.

(a) Supervisors of trainee permit holders shall:

(i) Provide direct and indirect supervision as required by the board's laws and rules.

(ii) Maintain adequate records of direct and indirect supervision rendered.

(iii) Not delegate any service requiring the professional competence of a licensed hearing aid fitter to anyone unqualified.

(iv) Assume full responsibility of services provided by the trainee.

(v) Not offer services by a trainee for whom they do not provide appropriate supervision.

(vi) Ensure trainees under their supervision do not represent himself/herself to the public as a hearing aid fitter.

(5) Licensees performing research shall:

(a) Ensure persons selected for research participate voluntarily, without coercion, with informed consent. Licensees shall also protect the participants' right to privacy, including but not limited to personal health information.

(b) Inform person(s) served and research subjects about the nature and effects of research activities.

(c) Use established methods and techniques in research.

(d) Exercise all reasonable precautions to protect the health and welfare of person(s) and their rights.

(e) Assign credit to those who have contributed to a publication and development of materials in proportion to their contribution.

(f) Credit reference sources.

(g) Honestly and accurately report findings in a non-misleading manner.

(h) Enter into agreements with those funding research that allow the researcher to honestly and accurately report findings even when results of research do not positively reflect on the funding source and/or the funding source's services or products.

(i) Disclose funding sources of research resulting in publications, presentations, products, and/or clinical procedures, and/or cited in presentations.

(j) Comply with all institutional, state, and federal regulations that address any aspects of research, including those that involve human participants and animals.

(6) Business practices shall be compliant with regional, state and federal laws.

(a) Licensees shall:

(i) Charge fees commensurate with services rendered.

(ii) Not charge for services not rendered.

(iii) Abide by federal, state and regional laws regarding billing for services and products rendered.

(iv) Not enter into relationships, which pose a conflict of interest and shall not engage in commercial or professional activities that conflict with the licensees' responsibilities to the person served or participants in research.

(b) Licensees who present or participate at meetings and/or consultants who provide instruction may receive reasonable honoraria and reimbursement of travel, lodging and meal expenses from manufacturers, dealers distributors and sales persons of prosthetics or other devices or services.

(c) Licensees who present or participate at meetings and/or consultants who provide instruction shall disclose to participants potential conflicts of interest.

(d) Kickbacks in violation of federal and state statutes shall not be accepted.

(e) Licensees shall be compliant with state and federal laws and regulations regarding business practices, sales practices, including safe harbor and antitrust laws.

Last updated May 1, 2025 at 7:45 AM

Supplemental Information

Authorized By: 4744.28, 4747.04
Amplifies: 4744.50, 4747.04(B)
Five Year Review Date: 9/25/2029
Prior Effective Dates: 8/12/2019

Rule 4747-1-24 | Temporary licensure for members of the military and spouses; consideration of military experience and expedited licensure for military and spouses.

• Effective: June 26, 2021
• Promulgated Under: 119.03

(A) Definitions.

(1) "Armed forces" has the meaning defined in section 5903.01 of the Revised Code.

(2) "Service member" has the meaning defined in section 5903.01 of the Revised Code.

(3) "Merchant marine" has the meaning defined in section 5903.01 of the Revised Code.

(4) "Military duty" includes service in the uniformed services on active duty, in the active guard and reserve, and as a military technician dual status under 10 U.S.C. 10216.

(5) "Uniformed services" has the meaning defined in 10 U.S.C. 101.

(6) "Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

(7) "Temporary Military License" means a license issued in accordance with section 4743.041 of the Revised Code.

(8) "Military Spouse" means a person legally married to a person serving on active duty in the United States armed forces.

(9) "Qualifying license" means a license or certification issued by a state or jurisdiction.

(B) Temporary hearing aid dealer license, hearing aid fitter license, or trainee permit.

(1) Pursuant to division (D) of section 4743.04 of the Revised Code, the board shall issue a temporary license as a hearing aid dealer or hearing aid fitter, or a temporary trainee permit provided that all of the following qualifications are met:

(a) The individual holds a valid license as a hearing aid dealer or hearing aid fitter, or a trainee permit issued by any other state or jurisdiction;

(b) The individual is in good standing in all state(s) or jurisdiction(s) of licensure;

(c) The individual presents adequate proof to the board that the individual or the individual's spouse is on active military duty in this state; and

(d) The individual complies with section 4747.051 of the Revised Code regarding submitting to a criminal records check to receive a license.

(C) To document, track, prioritize, and expedite the issuance of temporary licenses under this rule, the board shall process the application in the following manner:

(1) Route the application to the board staff member responsible for monitoring and tracking applications received under this rule;

(2) Communicate with the applicant regarding the status of the application, including what information is needed to complete the application;

(3) Prioritize the application for approval;

(4) Notwithstanding any other provision of the Revised Code, the board shall waive all fees associated with the application for a temporary license under this rule.

(D) The board shall notify the applicant that the board has received the results of a criminal records check within twenty-four hours after receiving the results. The board shall issue a temporary license or temporary trainee permit, provided that the applicant meets the requirements of this rule, within fourteen days of having received the results of a criminal records check. If the board finds that the individual is under investigation by the licensing agency of any other state or jurisdiction, the board may postpone issuing the license or trainee permit until the investigation is complete and the licensing agency of the other state or jurisdiction confirms that the individual is in good standing. The board shall verify the standing of the individual's license(s) issued by other states or jurisdictions when the temporary license is up for renewal. No temporary license or temporary trainee permit shall be valid for a period of more than six years.

(E) If the individual applies for a temporary trainee permit and has completed the quaalifying requirements for licensing as a fitter in accordance with sections 4747.08 and 4747.10 of the Revised Code and rule 4747-1-14 of the Administrative Code, the board shall issue a temporary license as a hearing aid fitter.

(F) The board shall, in accordance with Chapter 119. of the Revised Code, deny an individual a temporary license or temporary trainee permit issued under this rule or revoke an individual's temporary license or temporary trainee permit issued under this rule, if any of the following circumstances occur:

(1) The individual's license issued by another state or jurisdiction expires or is revoked, or the individual is not in good standing;

(2) With respect to an individual who was eligible for a temporary license or temporary trainee permit under this rule as the spouse of an individual on military duty, six months have elapsed since the divorce, dissolution, or annulment of the marriage;

(3) The individual is disqualified from obtaining a license in the profession because of a conviction, judicial finding of guilt, or plea of guilty to a disqualifying criminal offense specified on the list the board makes available pursuant to division (C) of section 9.78 of the Revised Code.

(G) An individual with a temporary license or temporary trainee permit or a regular license or trainee permit issued under this rule may practice hearing aid dealing or hearing aid fitting in this state only within the scope and practice that is permitted under Ohio law and that does not exceed the individual's education or training.

(H) A license or trainee permit issued in accordance with this rule shall be considered a license or trainee permit issued under the laws regulating the practice of hearing aid dealing or hearing aid fitting. Provisions of applicable law to licenses issued to an applicant who does not obtain a license under this rule apply in the same manner to licenses issued under this rule.

(I) Initial application for a hearing aid dealer, hearing aid fitter or trainee permit.

(1) For an applicant that does not meet the requirements under paragraph (B) of this rule, each applicant for initial licensure as a hearing aid dealer or hearing aid fitter or intial trainee permit shall report on the board's application form, in a manner prescribed by the board, one's status as a member or veteran, or as the spouse or surviving spouse of a member or veteran.

(2) The board shall in its electronic database record, track, and monitor applications received from a member, veteran, or the spouse or surviving spouse of a member or veteran for the purpose of prioritizing and expediting licensure for each applicant who is a member, veteran, or the spouse or surviving spouse of a member or veteran.

(3) The board licensing staff shall conspicuously mark the electronic and paper application file of each member, veteran, or the spouse or surviving spouse of a member or veteran for the purpose of prioritizing the review and approval of those files.

(4) An applicant who is a member, veteran, or the spouse or surviving spouse of a member or veteran shall be granted priority of service by the board relative to the application review process in an expedited manner so long as the applicant has evidenced compliance with the other requirements for the application to be deemed complete for licensure.

(J) "Renewal of an Expired License" under Chapter 4747. of the Revised Code.

(1) In accordance with section 5903.10 of the Revised Code, and absent grounds for denial set forth in section 4747.12 of the Revised Code, an expired hearing aid dealer or hearing aid fitter license, shall be renewed at the usual cost without penalty if either of the following applies:

(a) The license was not renewed because of the licensee's service in the armed forces.

(b) The license was not renewed because the licensee's spouse served in the armed forces and the service resulted in the licensee's absence from this state.

(2) A renewal shall not be granted under paragraph (J)(1) of this rule unless the licensee or the licensee's spouse, whichever is applicable, has presented satisfactory evidence of the service member's discharge under honorable conditions or release under honorable conditions from active duty within six months after the discharge or release.

(3) Each applicant renewing an expired licensed under this section shall meet the requirements of rule 4747-1-11 of the Administrative Code.

(K) Continuing education.

(1) In accordance with section 5903.12 of the Revised Code, the provisions of this paragraph apply to a licensee who is a member, veteran, or the spouse or surviving spouse of a member or veteran of the armed forces of the United States, who has served on active duty for a period in excess of thirty-one days.

(2) A licensee who meets the provisions contained in paragraph (J)(1) of this rule may submit a statement and supporting documentation to the board requesting an extension of the current continuing education reporting period in accordance with paragraph (C)(8) of rule 4747-1-11 of the Administrative Code.

Last updated June 26, 2021 at 12:12 AM

Supplemental Information

Authorized By: 4747.28, 4747.04(B)
Amplifies: 5903.03
Five Year Review Date: 6/26/2026

Rule 4747-1-25 | Impaired practitioner rules and safe haven program.

• Effective: May 1, 2025
• Promulgated Under: 119.03

(A) Definitions

(1) "Licensee" or "registrant" applies to the following license types:

(a) Hearing aid dealer;

(b) Hearing aid dealer satelite;

(c) Hearing aid fitter; and

(d) Trainee permit.

(2) "Board" means the Ohio speech and hearing professionals board.

(B) For purposes of the rule, an individual licensee or registrant who accepts the privilege of engaging in the sale, practice of dealing in or fitting of hearing aids in this state is subject to the supervision by the board. By the act of filing an application for licensure or being licensed or registered with the board, the individual has given consent to submit to a mental or physical examination, at the individual's expense when ordered to do so by the board in writing, and to have waived all objections to the admissibility of testimony or examination of reports that constitute privileged communications.

(C) If the board receives information by the filing of a complaint with the board office or upon its own information that a licensee or registrant's ability to practice has fallen below the acceptable and prevailing standards of care because of habitual or excessive use or abuse of drugs or alcohol or other substances, or other health-related conditions, the board may order the licensee or registrant to submit to a mental or physical examination at the licensee or registrant's expense conducted by a designee of the board for the purpose of determining if there is an impairment that is posing a threat to the licensee or registrant's well-being or the treatment of a client or patient whom the licensee or registrant serves.

(D) Failure of the individual licensee or registrant to submit to a mental or physical examination ordered by the board constitutes an admission of the allegations against the individual licensee or registrant unless the failure is due to circumstances beyond the individual's control.

(E) If the board determines that the individual's ability to practice is impaired the following actions may be taken:

(1) The board shall suspend or place restrictions on the individual's license or registration to practice;

(2) Deny the individual's application for licensure or registration and require the individual to submit to treatment; or

(3) Other requirements as a condition for initial, continued, reinstated or renewed licensure or registration to practice.

(F) The board at its discretion may:

(1) Contract with providers of impaired treatment programs;

(2) Receive and evaluate reports of suspected impairment from any source;

(3) Intervene in cases of verified impairment;

(4) Monitor treatment and rehabilitation of the impairment;

(5) Provide post-treatment monitoring and support;

(6) Provide other functions as necessary to carry out the provisions of this rule;

(7) Make amendments, if necessary, to the treatment program's findings.

(G) The board-approved treatment program shall:

(1) Receive relevant information from the board office and other sources regarding the potential impairment.

(2) Report in a timely fashion any impaired hearing aid dealers:

(a) Who refuses to submit to an evaluation;

(b) Who refuses to submit to treatment/rehabilitation;

(c) Whose impairment is not substantially alleviated through treatment;

(d) Who in the opinion of the evaluators is unable to practice with reasonable skill and safety.

(3) Provide confidentiality of non-public information of the review process.

(4) Provide an initial report of the nature, severity, and progress of the impairment.

(5) Provide periodic reports, at a rate determined by the board concerning the licensee's progress.

(6) Provide a final report including the treatment outcome and a finding as to the hearing aid dealer's fitness to practice.

(7) Follow any requirements outlined in a formal agreement the licensee, registrant or applicant for licensure has entered into with the board.

(H) Pursuant to division (A) of section 4747.04 of the Revised Code, as part of the board's impairment or diversion program, the board hereby establishes a confidential, non-disciplinary program for the evaluation and treatment of eligible practitioners who need assistance with a potential or existing impairment due to abuse of/or dependency on alcohol or other substances or other health-related conditions. This program shall be known as the board's safe haven program.

(1) The board shall contract with one entity, hereafter referred to as the monitoring organization, to conduct the safe haven program. The monitoring organization shall determine the eligibility for participation in the safe haven program and provide associated services to eligible practitioners.

(2) Eligible practitioners shall include licensees and registrants of the board as well as applicants who have applied for a license or registration from the board.

(3) Services provided by the monitoring organization include but are not limited to the following:

(a) Screening and/or evaluation for possible impairment due to abuse of or dependency on alcohol or other drugs or other health-related conditions;

(b) Referral to treatment providers approved by the monitoring organization for the purpose of evaluating and/or treating impairment;

(c) Establishment of individualized monitoring criteria for a duration determined by the monitoring organization to ensure the continuing care and recovery from impairment;

(d) Case management.

(4) The monitoring organization that contracts with the board to conduct the safe haven program may receive referrals from any of the following:

(a) Applicants, licensees or regulated person;

(b) Other individuals;

(c) Employers;

(d) Professional societies and associations;

(e) Health care personnel and treatment providers;

(f) Other entities and organizations;

(g) The board.

(5) To participate in the safe haven program, an eligible practitioner must enter into an agreement with the monitoring organization to seek assistance for a potential or existing impairment due to abuse of or dependency on alcohol or other drugs or other health related conditions. The agreement may specify but is not limited to the following:

(a) Treatment and therapy plan;

(b) Support group participation;

(c) Case management;

(d) Duration of monitoring. Relapses and other failures to comply with the terms of the agreement may result in a longer period of monitoring. As appropriate, an addendum to the agreement may be initiated by the monitoring organization;

(e) Random toxicology testing;

(f) Releases for seeking information or records related to the practitioner's impairment, including but not limited to family, peers, health care personnel, employers, and treatment providers;

(g) Grounds for dismissal from participation in the safe haven program for failure to comply with program requirements;

(h) Any required fees associated with participation in the safe have program, including but not limited to fees for toxicology testing.

(6) The board shall not institute disciplinary action based on impairment against a safe haven program participant so long as the participant enters into an agreement with the monitoring organization and complies with the same. The presence of impairment shall not excuse acts or preclude investigation or disciplinary action against a participant for other violations of this chapter or Chapter 4744. or 4747. of the Revised Code.

(7) The monitoring organization shall report to the board for further investigation and/or action any participant who is unwilling or unable to complete or comply with any part of the safe haven program, including evaluation, treatment, or monitoring.

(8) All information received and maintained by the monitoring organization shall be held in confidence subject to section 2317.02 of the Revised Code and in accordance with federal law.

Last updated May 1, 2025 at 7:45 AM

Supplemental Information

Authorized By: 4747.04
Amplifies: 4747.04
Five Year Review Date: 5/1/2030