HF 949

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; increasing consumer protection for
hearing aid users; amending Minnesota Statutes 2004,
sections 153A.15, subdivision 1; 153A.19, subdivision
2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 153A.15,
subdivision 1, is amended to read:

Subdivision 1.

Prohibited acts.

The commissioner may
take enforcement action as provided under subdivision 2 against
a dispenser of hearing instruments for the following acts and
conduct:

(1) prescribing or otherwise recommending to a consumer or
potential consumer the use of a hearing instrument, unless the
prescription from a physician or recommendation from a hearing
instrument dispenser or audiologist is in writing, is based on
an audiogram that is delivered to the consumer or potential
consumer when the prescription or recommendation is made, and
bears the following information in all capital letters of
12-point or larger boldface type: "THIS PRESCRIPTION OR
RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";

(2) failing to give a copy of the audiogram, upon which the
prescription or recommendation is based, to the consumer when
deleted text begin there has been a charge for the audiogram and deleted text end the consumer
requests a copy;

(3) dispensing a hearing instrument to a minor person 18
years or younger unless evaluated by an audiologist for hearing
evaluation and hearing aid evaluation;

(4) failing to provide the consumer rights brochure
required by section 153A.14, subdivision 9;

(5) being disciplined through a revocation, suspension,
restriction, or limitation by another state for conduct subject
to action under this chapter;

(6) presenting advertising that is false or misleading;

(7) providing the commissioner with false or misleading
statements of credentials, training, or experience;

(8) engaging in conduct likely to deceive, defraud, or harm
the public; or demonstrating a willful or careless disregard for
the health, welfare, or safety of a consumer;

(9) splitting fees or promising to pay a portion of a fee
to any other professional other than a fee for services rendered
by the other professional to the client;

(10) engaging in abusive or fraudulent billing practices,
including violations of federal Medicare and Medicaid laws, Food
and Drug Administration regulations, or state medical assistance
laws;

(11) obtaining money, property, or services from a consumer
through the use of undue influence, high pressure sales tactics,
harassment, duress, deception, or fraud;

(12) failing to comply with restrictions on sales of
hearing aids in sections 153A.14, subdivision 9, and 153A.19;

(13) performing the services of a certified hearing
instrument dispenser in an incompetent or negligent manner;

(14) failing to comply with the requirements of this
chapter as an employer, supervisor, or trainee;

(15) failing to provide information in a timely manner in
response to a request by the commissioner, commissioner's
designee, or the advisory council;

(16) being convicted within the past five years of
violating any laws of the United States, or any state or
territory of the United States, and the violation is a felony,
gross misdemeanor, or misdemeanor, an essential element of which
relates to hearing instrument dispensing, except as provided in
chapter 364;

(17) failing to cooperate with the commissioner, the
commissioner's designee, or the advisory council in any
investigation;

(18) failing to perform hearing instrument dispensing with
reasonable judgment, skill, or safety due to the use of alcohol
or drugs, or other physical or mental impairment;

(19) failing to fully disclose actions taken against the
applicant or the applicant's legal authorization to dispense
hearing instruments in this or another state;

(20) violating a state or federal court order or judgment,
including a conciliation court judgment, relating to the
activities of the applicant in hearing instrument dispensing;

(21) having been or being disciplined by the commissioner
of the Department of Health, or other authority, in this or
another jurisdiction, if any of the grounds for the discipline
are the same or substantially equivalent to those in sections
153A.13 to 153A.19;

(22) misrepresenting the purpose of hearing tests, or in
any way communicating that the hearing test or hearing test
protocol required by section 153A.14, subdivision 4b, is a
medical evaluation, a diagnostic hearing evaluation conducted by
an audiologist, or is other than a test to select a hearing
instrument, except that the hearing instrument dispenser can
determine the need for or recommend the consumer obtain a
medical evaluation consistent with requirements of the United
States Food and Drug Administration;

(23) violating any of the provisions of sections 153A.13 to
153A.19; deleted text begin and
deleted text end

(24) aiding or abetting another person in violating any of
the provisions of sections 153A.13 to 153A.19 new text begin ; and
new text end

new text begin (25) failing to return a consumer's hearing aid used as a
trade-in or for a discount in the price of a new hearing aid
when requested by the consumer upon cancellation of the purchase
agreement new text end .

Sec. 2.

Minnesota Statutes 2004, section 153A.19,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin 30-day deleted text end new text begin 45 calendar day new text end guarantee and buyer right
to cancel.

No person shall deleted text begin sell deleted text end new text begin dispense new text end a hearing aid in this
state unless:

(a) The dispenser provides the buyer with a deleted text begin 30-day deleted text end new text begin 45
calendar day new text end written money-back guarantee. The guarantee must
permit the buyer to cancel the purchase for any reason within deleted text begin 30
deleted text end new text begin 45 calendar new text end days after receiving the hearing aid by giving or
mailing written notice of cancellation to the dispenser. new text begin If the
consumer mails the notice of cancellation, the 45 calendar day
period is counted using the postmark date, not the date of
receipt by the dispenser. new text end If the hearing aid must be repaired,
remade, or adjusted during the deleted text begin 30-day deleted text end new text begin 45 calendar day new text end money-back
guarantee period, the running of the deleted text begin 30-day deleted text end new text begin 45 calendar day
new text end period is suspended one new text begin calendar new text end day for each 24-hour period
that the hearing aid is not in the buyer's possession. A
repaired, remade, or adjusted hearing aid must be claimed by the
buyer within three deleted text begin working deleted text end new text begin business new text end days after notification of
availability, after which time the running of the deleted text begin 30-day deleted text end new text begin 45
calendar day new text end period resumes. The guarantee must entitle the
buyer, upon cancellation, to receive a deleted text begin full deleted text end refund of payment
within 30 days of return of the hearing aid to the dispenser.
The dispenser may retain as a cancellation fee deleted text begin ten percent deleted text end new text begin no
more than $250 new text end of the buyer's total purchase price of the
hearing aid.

(b) The dispenser shall provide the buyer with a contract
written in plain English, that contains uniform language and
provisions that meet the requirements under the Plain Language
Contract Act, sections 325G.29 to 325G.36. The contract must
include, but is not limited to, the following: in immediate
proximity to the space reserved for the signature of the buyer,
or on the first page if there is no space reserved for the
signature of the buyer, a clear and conspicuous disclosure of
the following specific statement in all capital letters of no
less than 12-point boldface type: MINNESOTA STATE LAW GIVES THE
BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY
TIME PRIOR TO MIDNIGHT OF THE deleted text begin 30TH deleted text end new text begin 45TH new text end CALENDAR DAY AFTER
RECEIPT OF THE HEARING AID(S). THIS CANCELLATION MUST BE IN
WRITING AND MUST BE GIVEN OR MAILED TO THE deleted text begin SELLER deleted text end new text begin DISPENSER new text end . IF
THE BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN
THIS deleted text begin 30-DAY deleted text end new text begin 45 CALENDAR DAY new text end PERIOD, THE BUYER WILL RECEIVE A
REFUND OF deleted text begin $....... (State the dollar amount of refund.) deleted text end new text begin THE
TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE DISPENSER MAY
RETAIN AS A CANCELLATION FEE NO MORE THAN $250.
new text end