California Business and Professions Code ARTICLE 8 - Hearing Aid Dispensers

Section 2538.10.
For the purposes of this article, the following definitions shall apply:(a) “Advertise” and its variants include the use of a newspaper, magazine, or other publication, book,...
Section 2538.11.
(a) “Practice of fitting or selling hearing aids,” as used in this article, means those practices used for the purpose of selection and adaptation of hearing...
Section 2538.12.
A licensee may conduct hearing screenings at a health fair or similar event by the application of a binary puretone screening at a preset intensity...
Section 2538.13.
In fitting hearing aids, a hearing aid dispenser shall not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, except that a...
Section 2538.14.
“Hearing aid dispenser,” as used in this article, means a person engaged in the practice of fitting or selling hearing aids to an individual with...
Section 2538.15.
“Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with...
Section 2538.16.
The board shall keep a record of all prosecutions for violations of this article and of all examinations held for applicants for licenses together with...
Section 2538.17.
The board may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids. The board...
Section 2538.18.
All holders of licenses to sell or fit hearing aids shall continue their education after receiving the license. The board shall provide by regulation, as...
Section 2538.20.
It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any...
Section 2538.21.
This article does not apply to a person engaged in the practice of fitting hearing aids if his practice is for a governmental agency, or...
Section 2538.22.
This article does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does...
Section 2538.23.
(a) Hearing aids may be sold by catalog or direct mail provided that:(1) The seller is licensed as a hearing aid dispenser in this state.(2) There is no...
Section 2538.24.
Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board. The...
Section 2538.25.
(a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser’s license. The board may provide that the preparation and...
Section 2538.26.
The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a...
Section 2538.27.
(a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to him or her...
Section 2538.28.
(a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that...
Section 2538.29.
A trainee licensed under Section 2538.28 shall take the licensure examination within the first 12 months after the trainee license is issued. Failure to take...
Section 2538.30.
(a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale...
Section 2538.31.
Practical examinations shall be held by the board at least twice a year. The time and place of any practical examination shall be fixed by...
Section 2538.32.
Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have...
Section 2538.33.
(a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses where...
Section 2538.34.
(a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in...
Section 2538.35.
A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf...
Section 2538.36.
(a) Whenever any of the following conditions are found to exist either from observations by the licensee or on the basis of information furnished by the...
Section 2538.37.
No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the...
Section 2538.38.
A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her office or place of...
Section 2538.39.
A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for...
Section 2538.40.
Upon denial of an application for license, the board shall notify the applicant in writing, stating (1) the reason for the denial and (2) that...
Section 2538.41.
Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass...
Section 2538.42.
Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment...
Section 2538.43.
It is unlawful to sell or barter, or offer to sell or barter, any license issued by the board.(Added by Stats. 2011, Ch. 449, Sec....
Section 2538.44.
It is unlawful to purchase or procure by barter any license issued by the board with intent to use the same as evidence of the...
Section 2538.45.
It is unlawful to alter with fraudulent intent in any material regard a license issued by the board.(Added by Stats. 2011, Ch. 449, Sec. 9....
Section 2538.46.
It is unlawful to use or attempt to use any license issued by the board that has been purchased, fraudulently issued, counterfeited, or materially altered...
Section 2538.47.
It is unlawful to willfully make any false statement in a material regard in an application for an examination before the board for a license.(Added...
Section 2538.48.
It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing...
Section 2538.49.
It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless he or she first does all of the...
Section 2538.50.
It is unlawful to advertise by displaying a sign or otherwise or hold himself or herself out to be a person engaged in the practice...
Section 2538.51.
It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address, routinely...
Section 2538.52.
When tests are conducted by persons licensed under this article in connection with the fitting and selling of hearing aids, the provisions of this article...
Section 2538.53.
(a) A license issued under this article expires at midnight on its assigned renewal date.(b) To renew an unexpired license, the licensee shall, on or before the...
Section 2538.54.
Except as otherwise provided in this article, an expired license may be renewed at any time within three years after its expiration on filing of...
Section 2538.55.
A license which has been suspended is subject to expiration and shall be renewed as provided in this article but such renewal does not entitle...
Section 2538.56.
A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of...
Section 2538.57.
The amount of fees and penalties prescribed by this article shall be those set forth in this section unless a lower fee is fixed by...

Last modified: October 22, 2018