61-3 - The Practice of Selling and Fitting Hearing Aids

  1. Part I - (Chapter I)
  2. Part II - (Chapter II)

Current through Register Vol. 46, No. 3, March 25, 2022

Definitions and Interpretations

I. Definitions:

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 Sections 40-25-10 et seq.]
(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 representatives.
(i) Otolaryngologist: A licensed physician specializing in diseases of the ear, nose and throat.
(j) Audiologist: An individual completing satisfactory graduate work and holding a Certificate of Clinical Competence and who is actually engaged in audiological practice.
(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.
(n) Registrant: Registrant shall be synonymous with licensee, holder of a certificate of registration, trainee and temporary permit holder.
II. Interpretations:
(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 40-25-160(2) ].
(b) 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 expiration.
(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.


Statutory Authority: Section 40-25-30 et seq of 1976 Code, as amended.

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