Ariz. Admin. Code § R9-16-313 - Enforcement

A. A hearing aid dispenser licensed according to subsections R9-16-306 or R9-16-307 shall:

1. Upon licensure, notify the Department in writing of the address where the hearing aid dispenser practices the fitting and dispensing of hearing aids;

2. Conspicuously post the license received according to subsections R9-16-306 or R9-16-307 in the hearing aid dispenser's office or place of business;

3. Except as specified in subsections (A)(4) or (A)(5), conduct audiometric tests before selecting a hearing aid for a client that provides detailed information about the client's hearing loss, including:

a. Type, degree, and configuration of hearing loss;

b. Ability, as measured by the percentage of words the client is able to repeat correctly, to discriminate speech; and

c. The client's most comfortable and uncomfortable loudness levels in decibels;

4. Have the option to conduct audiometric testing required in subsection (A)(3) before selling a client a hearing aid if the client provides to the dispenser the information required in subsection (A)(3) from a licensed professional and the information was:

a. Obtained within the previous 12 months for an adult, or

b. Within the previous six months for an individual under the age of 18;

5. Have the option to conduct audiometric testing required in subsection (A)(3) if the tests cannot be performed on the client due to:

a. The client's young age, or

b. A physical or mental disability;

6. Maintain documentation for three years from the date of receipt of the information, that supports the exclusion of specific audio-metric tests according to subsections (A)(4) and (A)(5);

7. Evaluate the performance characteristics of the hearing aid as it functions on the client's ear for the purpose of assessing the degree of audibility provided by the device and benefit to the client;

8. Provide a bill of sale to a client according to A.R.S. § 36-1909(A) that contains:

a. Information required in A.R.S. § 36-1909 ;

b. A complete description of:

i. Warranty information, and

ii. The conditions of any offer of a trial period with a money back guarantee or partial refund; and

c. The client's signature and date of signature; and

9. Not:

a. Practice without a license according to A.R.S. § 36-1907 ,

b. Commit unlawful acts according to A.R.S. § 36-1936, or

c. Commit actions described in A.R.S. § 36-1934(A) .

B. The trial period described in subsection (A)(8)(b)(ii) shall not include any time that the hearing aid is in the possession of the hearing aid dispenser or the manufacturer of the hearing aid.

A. The Department may, as applicable:

1. Deny, revoke, or suspend a license under A.R.S. § 36-1934,

2. Request an injunction under A.R.S. § 36-1937, or

3. Assess a civil money penalty under A.R.S. § 36-1939.

B. In determining which disciplinary action specified in subsection (A), the Department shall consider:

1. The type of violation,

2. The severity of the violation,

3. The danger to the public health and safety,

4. The number of violations,

5. The number of clients affected by the violations,

6. The degree of harm to the consumer,

7. A pattern of noncompliance, and

8. Any mitigating or aggravating circumstances.

C. A licensee may appeal a disciplinary action taken by the Department according to A.R.S. Title 41, Chapter 6, Article 10.

Notes

Ariz. Admin. Code § R9-16-313

Adopted effective June 25, 1993 (Supp. 93-2). New Section made by exempt rulemaking at 20 A.A.R. 1998, effective 7/1/2014. Adopted by final expedited rulemaking at 26 A.A.R. 835, effective 4/8/2020.