Bill Text: OH HB109 | 2013-2014 | 130th General Assembly | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: To specify individuals who are permitted to recommend and fit hearing aids and to prohibit specified sales of hearing aids via mail.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-12-19 - Governor' Action [HB109 Detail]
Download: Ohio-2013-HB109-Comm_Sub.html
As Reported by the House Health and Aging Committee
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: To specify individuals who are permitted to recommend and fit hearing aids and to prohibit specified sales of hearing aids via mail.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-12-19 - Governor' Action [HB109 Detail]
Download: Ohio-2013-HB109-Comm_Sub.html
|
|
Representative Damschroder
Cosponsors:
Representatives Adams, R., Ruhl, Stinziano, Brenner, Gonzales, Buchy, Maag, Barnes, Bishoff, Brown, Carney, Schuring, Smith
To amend sections 1345.30 and 1345.99 of the Revised | 1 |
Code to specify individuals who are permitted to | 2 |
recommend and fit hearing aids and to prohibit | 3 |
specified sales of hearing aids via mail. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1345.30 and 1345.99 of the Revised | 5 |
Code be amended to read as follows: | 6 |
Sec. 1345.30. (A) As used in this section and in section | 7 |
1345.31 of the Revised Code: | 8 |
(1) "Consumer" means a person who engages in a consumer | 9 |
transaction with a hearing aid dealer, hearing aid fitter, | 10 |
physician, or audiologist. | 11 |
(2) "Consumer transaction" means a sale, lease, assignment, | 12 |
award by chance, or other transfer of a hearing aid. | 13 |
(3) "Hearing aid" has the same meaning as in section 4747.01 | 14 |
of the Revised Code, except that it does not include any | 15 |
instrument or device that fits into the ear and is intended to be | 16 |
used only while hunting or shooting. | 17 |
(4) "Regular place of business" means a location at which an | 18 |
individual holds the individual's self out to be physically | 19 |
available to the consumer. | 20 |
(B) The following individuals are permitted to recommend or | 21 |
fit a hearing aid: | 22 |
(1) A hearing aid dealer or hearing aid fitter licensed under | 23 |
Chapter 4747. of the Revised Code; | 24 |
(2) A physician authorized under Chapter 4731. of the Revised | 25 |
Code to practice medicine and surgery or osteopathic medicine and | 26 |
surgery; | 27 |
(3) An audiologist licensed under Chapter 4753. of the | 28 |
Revised Code. | 29 |
(C) Individuals permitted to recommend or fit a hearing aid | 30 |
pursuant to division (B) of this section shall have a regular | 31 |
place of business located within this state to be eligible to sell | 32 |
and distribute hearing aids. | 33 |
(D) No person shall sell or distribute a hearing aid through | 34 |
the mail to the ultimate consumer unless the person has evidence | 35 |
that there has been a prior in-person evaluation between the | 36 |
consumer and an individual permitted to recommend or fit a hearing | 37 |
aid pursuant to division (B) of this section. Nothing in this | 38 |
section shall be construed to prohibit the distribution of a | 39 |
repaired hearing aid to its owner through the mail upon completion | 40 |
of the repairs. | 41 |
(E) A hearing aid dealer or hearing aid fitter licensed under | 42 |
Chapter 4747. of the Revised Code, a physician authorized under | 43 |
Chapter 4731. of the Revised Code to practice medicine and surgery | 44 |
or osteopathic medicine and surgery, or an audiologist licensed | 45 |
under Chapter 4753. of the Revised Code who enters into a consumer | 46 |
transaction with a consumer shall provide a refund to the consumer | 47 |
if the hearing aid is returned to the dealer, fitter, physician, | 48 |
or audiologist not later than thirty days after its original | 49 |
delivery. The refund shall be provided regardless of the reason | 50 |
for the hearing aid's return and regardless of whether the hearing | 51 |
aid is new, refabricated, or used. The thirty-day period for | 52 |
return of the hearing aid does not include any period during which | 53 |
the dealer, fitter, physician, or audiologist has possession or | 54 |
control of the hearing aid after its original delivery to the | 55 |
consumer or a person acting on the consumer's behalf. | 56 |
A dealer, fitter, physician, or audiologist shall make | 57 |
original delivery of a hearing aid to a consumer or person acting | 58 |
on the consumer's behalf either by delivery in person or by | 59 |
certified mail, return receipt requested. The date of in-person | 60 |
delivery or the date shown on the certified mail return receipt is | 61 |
the hearing aid's original delivery for purposes of this division. | 62 |
Not later than fifteen days after presentation by the | 63 |
consumer to the dealer, fitter, physician, or audiologist of proof | 64 |
of payment of the agreed-upon consideration for the hearing aid | 65 |
and return of the hearing aid in the condition in which it was | 66 |
received, except for normal wear and tear, the dealer, fitter, | 67 |
physician, or audiologist shall give the consumer a full refund of | 68 |
the consideration paid for the hearing aid, less the amount | 69 |
specified by the dealer, fitter, physician, or audiologist in the | 70 |
receipt required by division | 71 |
expenses incurred in connection with the hearing aid. | 72 |
If the hearing aid is returned in a damaged condition that is | 73 |
beyond normal wear and tear, the dealer, fitter, physician, or | 74 |
audiologist, not later than fifteen days after presentation of | 75 |
proof of payment and return of the hearing aid, shall give the | 76 |
consumer a full refund of the consideration paid for the hearing | 77 |
aid, less an amount equal to the cost of repairing the damage to | 78 |
the hearing aid and the amount the dealer, fitter, physician, or | 79 |
audiologist could withhold under this division had the hearing aid | 80 |
been returned in the condition that it was received, except for | 81 |
normal wear and tear. | 82 |
| 83 |
physician, or audiologist enters into a consumer transaction with | 84 |
a consumer, the dealer, fitter, physician, or audiologist shall | 85 |
notify the consumer of the provisions of division | 86 |
section and provide the consumer a receipt for the hearing aid | 87 |
that includes the following statement typed in boldface type of | 88 |
the minimum size of ten points: | 89 |
90 | |
91 | |
Under Ohio law (O.R.C. 1345.30), a consumer has the right to | 92 |
return a hearing aid for any reason within 30 days after it is | 93 |
originally delivered to the consumer or a person acting on the | 94 |
consumer's behalf and to receive a refund of the consideration | 95 |
paid for the hearing aid less an amount specified by the hearing | 96 |
aid dealer, hearing aid fitter, physician, or audiologist to cover | 97 |
expenses incurred in connection with the hearing aid not later | 98 |
than 15 days after presenting proof of payment for the hearing aid | 99 |
and returning it in the condition in which it was received, except | 100 |
for normal wear and tear. In this case the amount deducted from | 101 |
the refund will be $........" | 102 |
A hearing aid dealer or fitter shall include the statement in | 103 |
the receipt required by section 4747.09 of the Revised Code. | 104 |
Sec. 1345.99. (A) Whoever violates section 1345.23 or | 105 |
1345.24 of the Revised Code is guilty of a minor misdemeanor. | 106 |
(B) Whoever violates division (D) of section 1345.30 or | 107 |
division (D) of section 1345.76 of the Revised Code shall be fined | 108 |
not more than one thousand dollars. | 109 |
(C) Whoever knowingly violates division (E) of section | 110 |
1345.02 or knowingly violates section 1345.18 of the Revised Code | 111 |
is guilty of a misdemeanor of the third degree for a first offense | 112 |
and a misdemeanor of the second degree for any subsequent offense. | 113 |
Section 2. That existing sections 1345.30 and 1345.99 of the | 114 |
Revised Code are hereby repealed. | 115 |