For the purpose of these rules and regulations, the following
definitions shall apply:
(a) The Act:
The "Fitting and Selling of Hearing Aids Act" enacted June 25, 1971. [1976 Code
(b) The Department: The South
Carolina Department of Health and Environmental Control.
(c) The Commission: The State Commission for
Hearing Aid Dealers and Fitters.
(d) License: A license issued by the
Department under this Act to a hearing aid dealer and fitter.
(e) Temporary Permit: A permit issued by the
Department under this Act while the applicant is in training to become a
licensed hearing aid dealer and fitter.
(f) Hearing Aid: Any acceptable wearable
instrument or device designated for or offered for the purpose of aiding or
compensating for impaired human hearing and any parts, attachments or
accessories, including earmold, but excluding batteries and cords.
(g) Practice of Fitting and Dealing in
Hearing Aids: The measurement of human hearing by means of an audiometer or by
any other established means for the purpose of making selections, adaptations
or sale of hearing aids. The term also includes the making of impressions for
earmolds. Counseling and instruction relative to the above.
(h) Sale of Hearing Aids: Any transfer of
title or of the right to use by lease, bailment, or any other contract,
excluding wholesale transactions with distributors or
Otolaryngologist: A licensed physician specializing in diseases of the ear,
nose and throat.
An individual completing satisfactory graduate work and holding a Certificate
of Clinical Competence and who is actually engaged in audiological
(k) Licensee: The
individual authorized to engage in the practice of fitting and selling hearing
aids and on whom rests the responsibility for complying with the provisions of
the Act and these Rules and Regulations promulgated thereunder.
(l) Application: Application means a form
which shall contain all of the prescribed information established by the
Department as set forth in the Act.
(m) Examination: Examination means the
testing of knowledge and proficiency of an applicant required for fitting and
selling hearing aids.
Registrant: Registrant shall be synonymous with licensee, holder of a
certificate of registration, trainee and temporary permit holder.
(a) License: A license is issued by the
Department pursuant to the provisions of the Act and these Rules and
Regulations promulgated thereunder. This license shall be posted in a
conspicuous place in his office or place of business at all times in full view
at the address specified on the license. A license is not assignable or
transferable and is subject to revocation or suspension for a fixed period by
the Department for cause as defined within Section 13(2) of the Act [Section
Term of License:
(1) Each person licensed to fit and sell
hearing aids shall annually, on or before January 30, pay to the Department a
fee of fifty dollars ($50.00) for issuance or renewal of license.
(2) A thirty (30) day grace period shall be
allowed after January 30, during which time licenses may be renewed on payment
of a fee of sixty dollars ($60.00) to the Department. After expiration of the
grace period, the Department may renew such license upon payment of a fee of
seventy-five dollars ($75.00) to the Department. No person who applies for
renewal, whose license has expired, shall be required to submit to any
examination as a condition to renewal, provided such renewal application is
made within a period of two (2) years from the date of such
(3) A license shall be
effective for a twelve (12) month period, beginning January 31 and ending
January 30 of the succeeding year.
(c) Temporary Permit: A temporary permit
shall be issued to an applicant who fulfills the requirements of the Act but
does not meet the experience qualifications and shall entitle applicant to
engage in the fitting and selling of hearing aids for a period of one (1) year
under the supervision of a licensed hearing aid dealer and fitter.