SF 883

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

A bill for an act
relating to health; modifying the Hearing Aid
Dispenser Act; amending Minnesota Statutes 2004,
sections 153A.14, subdivision 4b; 153A.19, subdivision
2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 153A.14,
subdivision 4b, is amended to read:

Subd. 4b.

Hearing testing protocol.

(a) A dispenser when
conducting a hearing test for the purpose of hearing instrument
dispensing must:

(1) comply with the United States Food and Drug
Administration warning regarding potential medical conditions
required by Code of Federal Regulations, title 21, section
801.420;

(2) complete a case history of the client's hearing;

(3) inspect the client's ears with an otoscope; and

(4) conduct the following tests on both ears of the client
and document the results, and if for any reason one of the
following tests cannot be performed pursuant to the United
States Food and Drug Administration guidelines, an audiologist
shall evaluate the hearing and the need for a hearing instrument:

(i) air conduction at 250, 500, 1,000, 2,000, 4,000, and
8,000 Hertz. When a difference of 20 dB or more occurs between
adjacent octave frequencies the interoctave frequency must be
tested;

(ii) bone conduction at 500, 1,000, 2,000, and 4,000 Hertz
for any frequency where the air conduction threshold is greater
than 15 dB HL;

(iii) monaural word recognition (discrimination), with a
minimum of 25 words presented for each ear; and

(iv) loudness discomfort level, monaural, for setting a
hearing instrument's maximum power output; and

(5) include masking in all tests whenever necessary to
ensure accurate results.

new text begin (b) A dispenser must provide upon request of the client a
copy of the client's audiogram administered by the dispenser for
purposes of selecting a hearing instrument.
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-day new text end guarantee and buyer right to
cancel.

No person shall sell 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-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 new text end days
after receiving the hearing aid by giving or mailing written
notice of cancellation to the dispenser. new text begin If notice is mailed,
cancellation is effective on the date of the postmark of the
cancellation notice. 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-day new text end money-back
guarantee period, the running of the deleted text begin 30-day deleted text end new text begin 45-day new text end period is
suspended one day for each deleted text begin 24-hour period deleted text end new text begin business day new text end 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-day
new text end period resumes. The guarantee must entitle the buyer, upon
cancellation, to receive a full refund of payment within 30 days
of return of the hearing aid to the dispenser. The dispenser
may retain as a cancellation fee ten percent of the buyer's
total purchase price of the hearing aid new text begin up to a maximum amount
of $250 new text end .

(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 SELLER. IF THE BUYER
DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS deleted text begin 30-DAY deleted text end new text begin 45-DAY
new text end PERIOD, THE BUYER WILL RECEIVE A REFUND OF $....... (State the
dollar amount of refund.)

Sec. 3.

Minnesota Statutes 2004, section 153A.19, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Trade-ins. new text end

new text begin If a buyer trades in a hearing aid
when purchasing a new hearing aid, the dispenser must return the
original hearing aid upon cancellation of the purchase agreement
and the return of the new hearing aid to the dispenser.
new text end