(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.
Notes
Ohio Admin. Code
4753-8-04
Five Year Review (FYR) Dates:
9/20/2023 and
09/20/2028
Promulgated
Under: 119.03
Statutory
Authority: 4744.28,
4753.05
Rule
Amplifies: 4753.01(G),
4753.05
Prior
Effective Dates: 11/16/1992 (Emer.), 02/09/1993,
06/27/1997
Five Year Review (FYR) Dates:
9/18/2018 and
09/18/2023
Promulgated
Under: 119.03
Statutory Authority: 4753.05
Rule
Amplifies: 4753.05, 4753.12(K), 4753.14
Prior Effective Dates:
11/16/1992 (Emer.), 02/09/1993,
06/27/1997
