1.1 	A bill for an act
1.2 	relating to health; modifying the Hearing Aid
1.3 	Dispenser Act; amending Minnesota Statutes 2004,
1.4 	sections 153A.14, subdivision 4b; 153A.19, subdivision
1.5 	2, by adding a subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 153A.14,
1.8 	subdivision 4b, is amended to read:
1.9 		Subd. 4b.Hearing testing protocol.  (a) A dispenser when
1.10 	conducting a hearing test for the purpose of hearing instrument
1.11 	dispensing must:
1.12 	(1) comply with the United States Food and Drug
1.13 	Administration warning regarding potential medical conditions
1.14 	required by Code of Federal Regulations, title 21, section
1.15 	801.420;
1.16 	(2) complete a case history of the client's hearing;
1.17 	(3) inspect the client's ears with an otoscope; and
1.18 	(4) conduct the following tests on both ears of the client
1.19 	and document the results, and if for any reason one of the
1.20 	following tests cannot be performed pursuant to the United
1.21 	States Food and Drug Administration guidelines, an audiologist
1.22 	shall evaluate the hearing and the need for a hearing instrument:
1.23 	(i) air conduction at 250, 500, 1,000, 2,000, 4,000, and
1.24 	8,000 Hertz.  When a difference of 20 dB or more occurs between
1.25 	adjacent octave frequencies the interoctave frequency must be
2.1 	tested;
2.2 	(ii) bone conduction at 500, 1,000, 2,000, and 4,000 Hertz
2.3 	for any frequency where the air conduction threshold is greater
2.4 	than 15 dB HL;
2.5 	(iii) monaural word recognition (discrimination), with a
2.6 	minimum of 25 words presented for each ear; and
2.7 	(iv) loudness discomfort level, monaural, for setting a
2.8 	hearing instrument's maximum power output; and
2.9 	(5) include masking in all tests whenever necessary to
2.10 	ensure accurate results.
2.11 	(b) A dispenser must provide upon request of the client a
2.12 	copy of the client's audiogram administered by the dispenser for
2.13 	purposes of selecting a hearing instrument.

2.14 	Sec. 2. Minnesota Statutes 2004, section 153A.19,
2.15 	subdivision 2, is amended to read:
2.16 		Subd. 2.30-day 45-day guarantee and buyer right to
2.17 	cancel.  No person shall sell a hearing aid in this state unless:
2.18 	(a) The dispenser provides the buyer with a 30-day 45-day 
2.19 	written money-back guarantee.  The guarantee must permit the
2.20 	buyer to cancel the purchase for any reason within 30 45 days
2.21 	after receiving the hearing aid by giving or mailing written
2.22 	notice of cancellation to the dispenser. If notice is mailed,
2.23 	cancellation is effective on the date of the postmark of the
2.24 	cancellation notice.If the hearing aid must be repaired,
2.25 	remade, or adjusted during the 30-day 45-day money-back
2.26 	guarantee period, the running of the 30-day 45-day period is
2.27 	suspended one day for each 24-hour period business day that the
2.28 	hearing aid is not in the buyer's possession.  A repaired,
2.29 	remade, or adjusted hearing aid must be claimed by the buyer
2.30 	within three working business days after notification of
2.31 	availability, after which time the running of the 30-day 45-day 
2.32 	period resumes.  The guarantee must entitle the buyer, upon
2.33 	cancellation, to receive a full refund of payment within 30 days
2.34 	of return of the hearing aid to the dispenser.  The dispenser
2.35 	may retain as a cancellation fee ten percent of the buyer's
2.36 	total purchase price of the hearing aid up to a maximum amount
3.1 	of $250.
3.2 	(b) The dispenser shall provide the buyer with a contract
3.3 	written in plain English, that contains uniform language and
3.4 	provisions that meet the requirements under the Plain Language
3.5 	Contract Act, sections 325G.29 to 325G.36.  The contract must
3.6 	include, but is not limited to, the following:  in immediate
3.7 	proximity to the space reserved for the signature of the buyer,
3.8 	or on the first page if there is no space reserved for the
3.9 	signature of the buyer, a clear and conspicuous disclosure of
3.10 	the following specific statement in all capital letters of no
3.11 	less than 12-point boldface type:  MINNESOTA STATE LAW GIVES THE
3.12 	BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY
3.13 	TIME PRIOR TO MIDNIGHT OF THE 30TH 45TH CALENDAR DAY AFTER
3.14 	RECEIPT OF THE HEARING AID(S).  THIS CANCELLATION MUST BE IN
3.15 	WRITING AND MUST BE GIVEN OR MAILED TO THE SELLER.  IF THE BUYER
3.16 	DECIDES TO RETURN THE HEARING AID(S) WITHIN THIS 30-DAY 45-DAY 
3.17 	PERIOD, THE BUYER WILL RECEIVE A REFUND OF $.......  (State the
3.18 	dollar amount of refund.)

3.19 	Sec. 3. Minnesota Statutes 2004, section 153A.19, is
3.20 	amended by adding a subdivision to read:
3.21 		Subd. 2a.Trade-ins. If a buyer trades in a hearing aid
3.22 	when purchasing a new hearing aid, the dispenser must return the
3.23 	original hearing aid upon cancellation of the purchase agreement
3.24 	and the return of the new hearing aid to the dispenser.