2004 Minnesota Statutes

CHAPTER 153A. Hearing instrument dispensing

  153A.01 Repealed, 1988 c 689 art 2 s 269 

  153A.02 Repealed, 1988 c 689 art 2 s 269 

  153A.03 Repealed, 1988 c 689 art 2 s 269 

  153A.04 Repealed, 1988 c 689 art 2 s 269 

  153A.05 Repealed, 1988 c 689 art 2 s 269 

  153A.06 Repealed, 1988 c 689 art 2 s 269 

  153A.07 Repealed, 1988 c 689 art 2 s 269 

  153A.08 Repealed, 1988 c 689 art 2 s 269 

  153A.09 Repealed, 1988 c 689 art 2 s 269 

  153A.10 Repealed, 1988 c 689 art 2 s 269 

  153A.11 Repealed, 1988 c 689 art 2 s 269 

  153A.12 Repealed, 1988 c 689 art 2 s 269 

     153A.13 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 153A.13 to 153A.18. 

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of the Department of Health or a designee. 

    Subd. 3.    Hearing instrument.  "Hearing instrument" 
 means an instrument, or any of its parts, worn in the ear canal 
 and designed to or represented as being able to aid or enhance 
 human hearing.  "Hearing instrument" includes the instrument's 
 parts, attachments, or accessories, including, but not limited 
 to, ear molds and behind the ear (BTE) devices with or without 
 an ear mold.  Batteries and cords are not parts, attachments, or 
 accessories of a hearing instrument.  Surgically implanted 
 hearing instruments, and assistive listening devices not worn 
 within the ear canal, are not hearing instruments. 

    Subd. 4.    Hearing instrument dispensing.  "Hearing 
 instrument dispensing" means making ear mold impressions, 
 prescribing, or recommending a hearing instrument, assisting the 
 consumer in instrument selection, selling hearing instruments at 
 retail, or testing human hearing in connection with these 
 activities when the person conducting these activities has a 
 monetary interest in the sale of hearing instruments to the 
 consumer. 

    Subd. 5.    Dispenser of hearing instruments.  
 "Dispenser of hearing instruments" means a natural person who 
 engages in hearing instrument dispensing whether or not 
 certified by the commissioner of health or licensed by an 
 existing health-related board, except that a person described as 
 follows is not a dispenser of hearing instruments:  

    (1) a student participating in supervised field work that 
 is necessary to meet requirements of an accredited educational 
 program if the student is designated by a title which clearly 
 indicates the student's status as a student trainee; or 

    (2) a person who helps a dispenser of hearing instruments 
 in an administrative or clerical manner and does not engage in 
 hearing instrument dispensing.  

    A person who offers to dispense a hearing instrument, or a 
 person who advertises, holds out to the public, or otherwise 
 represents that the person is authorized to dispense hearing 
 instruments must be certified by the commissioner. 

    Subd. 6.    Advisory council.  "Advisory council" means 
 the Minnesota Hearing Instrument Dispenser Advisory Council, or 
 a committee of it, established under section 153A.20. 

    Subd. 7.    ANSI.  "ANSI" means ANSI S3.6-1989, American 
 National Standard Specification for Audiometers from the 
 American National Standards Institute.  This document is 
 available through the Minitex interlibrary loan system. 

    Subd. 8.    Certification number.  "Certification number"
 means the number assigned to each certification by the 
 commissioner. 

    Subd. 9.    Supervision.  "Supervision" means monitoring 
 activities of, and accepting responsibility for, the hearing 
 instrument dispensing activities of a trainee. 

    Subd. 10.    Direct supervision or directly supervised.  
 "Direct supervision" or "directly supervised" means the on-site 
 and contemporaneous location of a supervisor and trainee, when 
 the supervisor observes the trainee engaging in hearing 
 instrument dispensing with a consumer. 

    Subd. 11.    Indirect supervision or indirectly 
 supervised.  "Indirect supervision" or "indirectly supervised" 
 means the remote and independent performance of hearing 
 instrument dispensing by a trainee when authorized under section 
 153A.14, subdivision 4a, paragraph (b). 

    HIST: 1988 c 689 art 2 s 55; 1989 c 282 art 2 s 46; 1993 c 201 
 s 1,2; 1995 c 164 s 24; 1998 c 317 s 17; 2000 c 460 s 51-53 

     153A.14 Regulation. 

    Subdivision 1.    Application for certificate.  An 
 applicant must: 

    (1) be 21 years of age or older; 

    (2) apply to the commissioner for a certificate to dispense 
 hearing instruments on application forms provided by the 
 commissioner; 

    (3) at a minimum, provide the applicant's name, Social 
 Security number, business address and phone number, employer, 
 and information about the applicant's education, training, and 
 experience in testing human hearing and fitting hearing 
 instruments; 

    (4) include with the application a statement that the 
 statements in the application are true and correct to the best 
 of the applicant's knowledge and belief; 

    (5) include with the application a written and signed 
 authorization that authorizes the commissioner to make inquiries 
 to appropriate regulatory agencies in this or any other state 
 where the applicant has sold hearing instruments; 

    (6) submit certification to the commissioner that the 
 applicant's audiometric equipment has been calibrated to meet 
 current ANSI standards within 12 months of the date of the 
 application; 

    (7) submit evidence of continuing education credits, if 
 required; and 

    (8) submit all fees as required under section 153A.17. 

    Subd. 2.    Issuance of certificate.  The commissioner 
 shall issue a certificate to each dispenser of hearing 
 instruments who applies under subdivision 1 if the commissioner 
 determines that the applicant is in compliance with this 
 chapter, has passed an examination administered by the 
 commissioner, has met the continuing education requirements, if 
 required, and has paid the fee set by the commissioner.  The 
 commissioner may reject or deny an application for a certificate 
 if there is evidence of a violation or failure to comply with 
 this chapter. 

    Subd. 2a.    Exemption from written examination 
 requirement.  Persons completing the audiology registration 
 requirements of section 148.515 after January 1, 1996, are 
 exempt from the written examination requirements of subdivision 
 2h, paragraph (a), clause (1).  Minnesota licensure, a current 
 certification of clinical competence issued by the American 
 Speech-Language-Hearing Association, board certification in 
 audiology by the American Board of Audiology, or an equivalent, 
 as an audiologist is not required but may be submitted as 
 evidence qualifying for exemption from the written examination 
 if the requirements are completed after January 1, 1996.  
 Persons qualifying for written examination exemption must 
 fulfill the other credentialing requirements under subdivisions 
 1 and 2 before a certificate may be issued by the commissioner. 

    Subd. 2b.    Action on applications for certification.  
 The commissioner shall act on applications for certification, 
 and applications for renewal of certification, according to 
 paragraphs (a) to (c). 

    (a) The commissioner shall determine if the applicant meets 
 the requirements for certification.  The commissioner may 
 investigate information provided by an applicant to determine 
 whether the information is accurate and complete. 

    (b) The commissioner shall notify each applicant of action 
 taken on the application and of the grounds for denying 
 certification if certification is denied. 

    (c) The commissioner shall comply with contested case 
 procedures in chapter 14 when suspending, revoking, or refusing 
 to issue or renew a certificate under this section. 

    Subd. 2c.    Reapplication following denial, rejection, 
 revocation, or suspension of certification.  After two years, 
 upon application and evidence that the disqualifying behavior 
 has ceased, the commissioner may restore or approve 
 certification previously denied, rejected, revoked, or 
 suspended, provided that the applicant has met all conditions 
 and terms of any orders to which the applicant is a subject. 

    Subd. 2d.    Certification renewal notice.  
 Certification must be renewed annually.  The commissioner shall 
 mail a renewal notice to the dispenser's last known address by 
 September 1 of each year.  The notice must include a renewal 
 application and notice of fees required for renewal.  A 
 dispenser is not relieved from meeting the renewal deadline on 
 the basis that the dispenser did not receive the renewal 
 notice.  In renewing a certificate, a dispenser shall follow the 
 procedures for applying for a certificate specified in 
 subdivision 1. 

    Subd. 2e.    Renewal requirements.  A certificate must 
 be renewed effective November 1 of each year.  To renew a 
 certificate, an applicant must: 

    (1) annually complete a renewal application on a form 
 provided by the commissioner and submit the annual renewal fee 
 by the deadline; 

    (2) submit certification to the commissioner that the 
 applicant's audiometric equipment has been calibrated to meet 
 current ANSI standards within 12 months of the date of the 
 application, if the applicant tests hearing; 

    (3) submit evidence of completion of continuing education 
 requirements, if required; and 

    (4) submit additional information if requested by the 
 commissioner to clarify information presented in the renewal 
 application.  The information must be submitted within 30 days 
 of the commissioner's request. 

    Subd. 2f.    Late renewals.  The deadline for 
 application to renew certification is October 1 of each year.  
 An application for certification renewal must be received by the 
 Department of Health or postmarked by October 1.  An application 
 not received or postmarked by October 1 shall be a late renewal 
 and must be accompanied by a late fee as required in section 
 153A.17.  If the postmark is illegible, the application shall be 
 considered timely if received by October 7.  

    Subd. 2g.    Lapse in certification.  Certification 
 shall lapse if not renewed before November 1 of each year.  An 
 applicant whose certification has lapsed less than two years 
 must meet all the requirements of this chapter except the 
 certification by examination requirements of subdivision 2h.  
 The application fees to renew certification following a lapse of 
 less than two years must include the late fee.  An applicant 
 whose certification has lapsed for two years or more must meet 
 all the requirements of this chapter except the continuing 
 education requirement of subdivision 2i.  Certification 
 application fees of applicants whose certification has lapsed 
 for any amount of time shall not be prorated over the time 
 remaining in the annual certification period. 

    Subd. 2h.    Certification by examination.  An applicant 
 must achieve a passing score, as determined by the commissioner, 
 on an examination according to paragraphs (a) to (c). 

    (a) The examination must include, but is not limited to: 

    (1) A written examination approved by the commissioner 
 covering the following areas as they pertain to hearing 
 instrument selling: 

    (i) basic physics of sound; 

    (ii) the anatomy and physiology of the ear; 

    (iii) the function of hearing instruments; 

    (iv) the principles of hearing instrument selection; and 

    (v) state and federal laws, rules, and regulations. 

    (2) Practical tests of proficiency in the following 
 techniques as they pertain to hearing instrument selling: 

    (i) pure tone audiometry, including air conduction testing 
 and bone conduction testing; 

    (ii) live voice or recorded voice speech audiometry 
 including speech recognition (discrimination) testing, most 
 comfortable loudness level, and uncomfortable loudness 
 measurements of tolerance thresholds; 

    (iii) masking when indicated; 

    (iv) recording and evaluation of audiograms and speech 
 audiometry to determine proper selection and fitting of a 
 hearing instrument; 

    (v) taking ear mold impressions; and 

    (vi) using an otoscope for the visual observation of the 
 entire ear canal. 

    (b) The examination shall be administered by the 
 commissioner at least twice a year. 

    (c) An applicant must achieve a passing score on all 
 portions of the examination within a two-year period.  An 
 applicant who does not achieve a passing score on all portions 
 of the examination within a two-year period must retake the 
 entire examination and achieve a passing score on each portion 
 of the examination.  An applicant who does not apply for 
 certification within one year of successful completion of the 
 examination must retake the examination and achieve a passing 
 score on each portion of the examination.  An applicant may not 
 take any part of the examination more than three times in a 
 two-year period. 

    Subd. 2i.    Continuing education requirement.  On forms 
 provided by the commissioner, each certified dispenser must 
 submit with the application for renewal of certification 
 evidence of completion of ten course hours of continuing 
 education earned within the 12-month period of July 1 to June 30 
 immediately preceding renewal.  Continuing education courses 
 must be directly related to hearing instrument dispensing and 
 approved by the International Hearing Society or qualify for 
 continuing education approved for Minnesota licensed 
 audiologists.  Evidence of completion of the ten course hours of 
 continuing education must be submitted with renewal applications 
 by October 1 of each year.  This requirement does not apply to 
 dispensers certified for less than one year.  The first report 
 of evidence of completion of the continuing education credits 
 shall be due October 1, 1997.  

    Subd. 2j.    Required use of certification number.  The 
 certification holder must use the certification number on all 
 contracts, bills of sale, and receipts used in the sale of 
 hearing instruments. 

    Subd. 3.    Nontransferability of certificate.  A 
 certificate may not be transferred.  

    Subd. 4.    Dispensing of hearing instruments without 
 certificate.  Except as provided in subdivisions 4a and 4c, it 
 is unlawful for any person not holding a valid certificate to 
 dispense a hearing instrument as defined in section 153A.13, 
 subdivision 3.  A person who dispenses a hearing instrument 
 without the certificate required by this section is guilty of a 
 gross misdemeanor.  

    Subd. 4a.    Trainees.  (a) A person who is not 
 certified under this section may dispense hearing instruments as 
 a trainee for a period not to exceed 12 months if the person: 

    (1) submits an application on forms provided by the 
 commissioner; 

    (2) is under the supervision of a certified dispenser 
 meeting the requirements of this subdivision; and 

    (3) meets all requirements for certification except passage 
 of the examination required by this section. 

    (b) A certified hearing instrument dispenser may not 
 supervise more than two trainees at the same time and may not 
 directly supervise more than one trainee at a time.  The 
 certified dispenser is responsible for all actions or omissions 
 of a trainee in connection with the dispensing of hearing 
 instruments.  A certified dispenser may not supervise a trainee 
 if there are any commissioner, court, or other orders, currently 
 in effect or issued within the last five years, that were issued 
 with respect to an action or omission of a certified dispenser 
 or a trainee under the certified dispenser's supervision. 

    Until taking and passing the practical examination testing 
 the techniques described in subdivision 2h, paragraph (a), 
 clause (2), trainees must be directly supervised in all areas 
 described in subdivision 4b, and the activities tested by the 
 practical examination.  Thereafter, trainees may dispense 
 hearing instruments under indirect supervision until expiration 
 of the trainee period.  Under indirect supervision, the trainee 
 must complete two monitored activities a week.  Monitored 
 activities may be executed by correspondence, telephone, or 
 other telephonic devices, and include, but are not limited to, 
 evaluation of audiograms, written reports, and contracts.  The 
 time spent in supervision must be recorded and the record 
 retained by the supervisor. 

    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. 

    Subd. 4c.    Reciprocity.  (a) A person applying for 
 certification as a hearing instrument dispenser under 
 subdivision 1 who has dispensed hearing instruments in another 
 jurisdiction may dispense hearing instruments as a trainee under 
 indirect supervision if the person: 

    (1) satisfies the provisions of subdivision 4a, paragraph 
 (a); 

    (2) submits a signed and dated affidavit stating that the 
 applicant is not the subject of a disciplinary action or past 
 disciplinary action in this or another jurisdiction and is not 
 disqualified on the basis of section 153A.15, subdivision 1; and 

    (3) provides a copy of a current credential as a hearing 
 instrument dispenser, an audiologist, or both, held in the 
 District of Columbia or a state or territory of the United 
 States. 

    (b) A person becoming a trainee under this subdivision who 
 fails to take and pass the practical examination described in 
 subdivision 2h, paragraph (a), clause (2), when next offered 
 must cease dispensing hearing instruments unless under direct 
 supervision. 

    Subd. 4d.    Expiration of trainee period.  The trainee 
 period automatically expires two months following notice of 
 passing all examination requirements of subdivision 2h. 

    Subd. 5.    Rulemaking authority.  The commissioner 
 shall adopt rules under chapter 14 to implement this chapter.  
 The rules may include procedures and standards relating to the 
 certification requirement, the scope of authorized practice, 
 fees, supervision required, continuing education, career 
 progression, disciplinary matters, and examination procedures. 

    Subd. 6.    Hearing instruments to comply with federal and 
 state requirements.  The commissioner shall ensure that 
 hearing instruments are dispensed in compliance with state 
 requirements and the requirements of the United States Food and 
 Drug Administration.  Failure to comply with state or federal 
 regulations may be grounds for enforcement actions under section 
 153A.15, subdivision 2. 

    Subd. 7. Repealed, 1998 c 317 s 29 

    Subd. 8.    Content of contracts.  Oral statements made 
 by a hearing instrument dispenser regarding the provision of 
 warranties, refunds, and service on the hearing instrument or 
 instruments dispensed must be written on, and become part of, 
 the contract of sale, specify the item or items covered, and 
 indicate the person or business entity obligated to provide the 
 warranty, refund, or service. 

    Subd. 9.    Consumer rights information.  A hearing 
 instrument dispenser shall, at the time of the recommendation or 
 prescription, give a consumer rights brochure, prepared by the 
 commissioner and containing information about legal requirements 
 pertaining to sales of hearing instruments, to each potential 
 buyer of a hearing instrument.  A sales contract for a hearing 
 instrument must note the receipt of the brochure by the buyer, 
 along with the buyer's signature or initials. 

    Subd. 10.    Liability for contracts.  Owners of 
 entities in the business of dispensing hearing instruments, 
 employers of persons who dispense hearing instruments, 
 supervisors of trainees, and hearing instrument dispensers 
 conducting the sales transaction at issue are liable for 
 satisfying all terms of contracts, written or oral, made by 
 their agents, employees, assignees, affiliates, or trainees, 
 including terms relating to products, repairs, warranties, 
 service, and refunds.  The commissioner may enforce the terms of 
 hearing instrument sales contracts against the principal, 
 employer, supervisor, or dispenser who conducted the sale and 
 may impose any remedy provided for in this chapter. 

    Subd. 11.    Requirement to maintain current information. 
  A dispenser must notify the commissioner in writing within 30 
 days of the occurrence of any of the following: 

    (1) a change of address, home or business telephone number, 
 or business name; 

    (2) the occurrence of conduct prohibited by section 
 153A.15; 

    (3) a settlement, conciliation court judgment, or award 
 based on negligence, intentional acts, or contractual violations 
 committed in the dispensing of hearing instruments by the 
 dispenser; and 

    (4) the cessation of hearing instrument dispensing 
 activities as an individual or a business. 

    HIST: 1988 c 689 art 2 s 56; 1992 c 464 art 2 s 1; 1993 c 201 
 s 3; 1995 c 164 s 25; 1998 c 317 s 18-24; 2000 c 460 s 54-60; 
 2003 c 87 s 47,48 

     153A.15 Prohibited acts; enforcement; and penalty. 

    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 
 there has been a charge for the audiogram and 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; and 

    (24) aiding or abetting another person in violating any of 
 the provisions of sections 153A.13 to 153A.19. 

    Subd. 2.    Enforcement actions.  When the commissioner 
 finds that a dispenser of hearing instruments has violated one 
 or more provisions of this chapter, the commissioner may do one 
 or more of the following: 

    (1) deny or reject the application for a certificate; 

    (2) revoke the certificate; 

    (3) suspend the certificate; 

    (4) impose, for each violation, a civil penalty that 
 deprives the dispenser of any economic advantage gained by the 
 violation and that reimburses the Department of Health for costs 
 of the investigation and proceeding resulting in disciplinary 
 action, including the amount paid for services of the Office of 
 Administrative Hearings, the amount paid for services of the 
 Office of the Attorney General, attorney fees, court reporters, 
 witnesses, reproduction of records, advisory council members' 
 per diem compensation, department staff time, and expenses 
 incurred by advisory council members and department staff; 

    (5) censure or reprimand the dispenser; 

    (6) revoke or suspend the right to supervise trainees; 

    (7) revoke or suspend the right to be a trainee; 

    (8) impose a civil penalty not to exceed $10,000 for each 
 separate violation; or 

    (9) any other action reasonably justified by the individual 
 case. 

    Subd. 2a.    Hearings.  If the commissioner proposes to 
 take action against the dispenser as described in subdivision 2, 
 the commissioner must first notify the person against whom the 
 action is proposed to be taken and provide the person with an 
 opportunity to request a hearing under the contested case 
 provisions of chapter 14.  If the person does not request a 
 hearing by notifying the commissioner within 30 days after 
 service of the notice of the proposed action, the commissioner 
 may proceed with the action without a hearing. 

    Subd. 3.    Procedures.  The commissioner shall 
 establish, in writing, internal operating procedures for 
 receiving and investigating complaints and imposing enforcement 
 actions.  The written internal operating procedures may include 
 procedures for sharing complaint information with government 
 agencies in this and other states.  Procedures for sharing 
 complaint information must be consistent with the requirements 
 for handling government data under chapter 13. 

    Subd. 3a.    Discovery.  In all matters relating to the 
 lawful regulation activities under this chapter, the 
 commissioner may issue subpoenas to require the attendance and 
 testimony of witnesses and production of books, records, 
 correspondence, and other information relevant to any matter 
 involved in the investigation.  The commissioner or the 
 commissioner's designee may administer oaths to witnesses or 
 take their affirmation.  A subpoena may be served upon any 
 person it names anywhere in the state by any person authorized 
 to serve subpoenas or other processes in civil actions of the 
 district courts.  If a person to whom a subpoena is issued does 
 not comply with the subpoena, the commissioner may apply to the 
 district court in any district and the court shall order the 
 person to comply with the subpoena.  Failure to obey the order 
 of the court may be punished by the court as contempt of court.  
 All information pertaining to individual medical records 
 obtained under this section is health data under section 
 13.3805, subdivision 1. 

    Subd. 4.    Penalties.  Except as provided in section 
 153A.14, subdivision 4, a person violating this chapter is 
 guilty of a misdemeanor.  The commissioner may impose an 
 automatic civil penalty equal to one-fourth the renewal fee on 
 each hearing instrument seller who fails to renew the 
 certificate required in section 153A.14 by the renewal deadline. 

    HIST: 1988 c 689 art 2 s 57; 1989 c 282 art 2 s 47; 1991 c 202 
 s 10,11,41; 1992 c 464 art 2 s 1; 1993 c 201 s 4; 1995 c 164 s 
 26,27; 1997 c 187 art 2 s 7; 1998 c 317 s 25,26; 1999 c 227 s 
 22; 2000 c 460 s 61 

  153A.16 Repealed, 1991 c 202 s 42 

     153A.17 Expenses; fees. 

    The expenses for administering the certification 
 requirements including the complaint handling system for hearing 
 aid dispensers in sections 153A.14 and 153A.15 and the Consumer 
 Information Center under section 153A.18 must be paid from 
 initial application and examination fees, renewal fees, 
 penalties, and fines.  All fees are nonrefundable.  The 
 certificate application fee is $350, the examination fee is $250 
 for the written portion and $250 for the practical portion each 
 time one or the other is taken, and the trainee application fee 
 is $200.  The penalty fee for late submission of a renewal 
 application is $200.  The fee for verification of certification 
 to other jurisdictions or entities is $25.  All fees, penalties, 
 and fines received must be deposited in the state government 
 special revenue fund.  The commissioner may prorate the 
 certification fee for new applicants based on the number of 
 quarters remaining in the annual certification period. 

    HIST: 1988 c 689 art 2 s 59; 1991 c 202 s 12; 1993 c 201 s 5; 
 1995 c 164 s 28; 1997 c 203 art 2 s 18; 2003 c 87 s 49; 1Sp2003 
 c 14 art 7 s 54 

     153A.18 Consumer Information Center. 

    The commissioner shall establish a Consumer Information 
 Center to assist actual and potential purchasers of hearing aids 
 by providing them with information regarding hearing instrument 
 sales.  The Consumer Information Center shall disseminate 
 information about consumers' legal rights related to hearing 
 instrument sales, provide information relating to complaints 
 about dispensers of hearing instruments, and provide information 
 about outreach and advocacy services for consumers of hearing 
 instruments.  In establishing the center and developing the 
 information, the commissioner shall consult with representatives 
 of hearing instrument dispensers, audiologists, physicians, and 
 consumers. 

    HIST: 1988 c 689 art 2 s 60; 1995 c 164 s 29 

     153A.19 Hearing aids; restrictions on sales. 

    Subdivision 1. Repealed, 1995 c 164 s 35 

    Subd. 2.    30-day 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 30-day written 
 money-back guarantee.  The guarantee must permit the buyer to 
 cancel the purchase for any reason within 30 days after 
 receiving the hearing aid by giving or mailing written notice of 
 cancellation to the dispenser.  If the hearing aid must be 
 repaired, remade, or adjusted during the 30-day money-back 
 guarantee period, the running of the 30-day period is suspended 
 one 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 working days after 
 notification of availability, after which time the running of 
 the 30-day 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.  

    (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 30TH 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 30-DAY PERIOD, THE BUYER 
 WILL RECEIVE A REFUND OF $.......  (State the dollar amount of 
 refund.) 

    Subd. 3.    Itemized repair bill.  Any person or company 
 who agrees to repair a hearing aid must provide the owner of the 
 hearing aid, or the owner's representative, with a bill that 
 describes the repair and services rendered.  The bill must also 
 include the repairing person's or company's name, address, and 
 phone number. 

    This subdivision does not apply to a person or company that 
 repairs a hearing aid pursuant to an express warranty covering 
 the entire hearing aid and the warranty covers the entire costs, 
 both parts and labor, of the repair. 

    Subd. 4.    Repair warranty.  Any guarantee of hearing 
 aid repairs must be in writing and delivered to the owner of the 
 hearing aid, or the owner's representative, stating the 
 repairing person's or company's name, address, telephone number, 
 length of guarantee, model, and serial number of the hearing aid 
 and all other terms and conditions of the guarantee. 

    Subd. 5.    Misdemeanor.  Any person who is found to 
 have violated this section is guilty of a misdemeanor.  

    Subd. 6.    Additional.  In addition to the penalties 
 provided in subdivision 5, any person who is found to have 
 violated this section is subject to the penalties and remedies 
 provided in section 325F.69, subdivision 1.  

    Subd. 7.    Estimates.  Upon the request of the owner of 
 a hearing aid or the owner's representative for a written 
 estimate and prior to the commencement of repairs, a repairing 
 person or company shall provide the customer with a written 
 estimate of the price of repairs.  If a repairing person or 
 company provides a written estimate of the price of repairs, it 
 shall not charge more than the total price stated in the 
 estimate for the repairs.  If the repairing person or company 
 after commencing repairs determines that additional work is 
 necessary to accomplish repairs that are the subject of a 
 written estimate and if the repairing person or company did not 
 unreasonably fail to disclose the possible need for the 
 additional work when the estimate was made, the repairing person 
 or company may charge more than the estimate for the repairs if 
 the repairing person or company immediately provides the owner 
 or owner's representative a revised written estimate pursuant to 
 this section and receives authorization to continue with the 
 repairs.  If continuation of the repairs is not authorized, the 
 repairing person or company shall return the hearing aid as 
 close as possible to its former condition and shall release the 
 hearing aid to the owner or owner's representative upon payment 
 of charges for repairs actually performed and not in excess of 
 the original estimate. 

    HIST: 1973 c 383 s 1; 1975 c 182 s 1; 1984 c 418 s 1; 1986 c 
 444; 1987 c 204 s 1; 1988 c 495 s 2,3; 1988 c 689 art 2 s 41-43; 
 1991 c 202 s 8,41; 1995 c 164 s 30 

     153A.20 Hearing Instrument Dispenser Advisory Council. 

    Subdivision 1.    Membership.  The commissioner shall 
 appoint nine persons to a Hearing Instrument Dispenser Advisory 
 Council. 

    (a) The nine persons must include: 

    (1) three public members, as defined in section 214.02.  At 
 least one of the public members shall be a hearing instrument 
 user and one of the public members shall be either a hearing 
 instrument user or an advocate of one; and 

    (2) three hearing instrument dispensers certified under 
 sections 153A.14 to 153A.20, each of whom is currently, and has 
 been for the five years immediately preceding their appointment, 
 engaged in hearing instrument dispensing in Minnesota and who 
 represent the occupation of hearing instrument dispensing and 
 who are not audiologists; and 

    (3) three audiologists who are certified hearing instrument 
 dispensers or are licensed as audiologists under chapter 148. 

    (b) The factors the commissioner may consider when 
 appointing advisory council members include, but are not limited 
 to, professional affiliation, geographical location, and type of 
 practice. 

    (c) No two members of the advisory council shall be 
 employees of, or have binding contracts requiring sales 
 exclusively for, the same hearing instrument manufacturer or the 
 same employer. 

    Subd. 2.    Organization.  The advisory council shall be 
 organized and administered according to section 15.059, except 
 that, notwithstanding any other law to the contrary, the 
 advisory council shall not expire.  The council may form 
 committees to carry out its duties. 

    Subd. 3.    Duties.  At the commissioner's request, the 
 advisory council shall: 

    (1) advise the commissioner regarding hearing instrument 
 dispenser certification standards; 

    (2) provide for distribution of information regarding 
 hearing instrument dispenser certification standards; 

    (3) review investigation summaries of competency violations 
 and make recommendations to the commissioner as to whether the 
 allegations of incompetency are substantiated; and 

    (4) perform other duties as directed by the commissioner. 

    HIST: 1995 c 164 s 31; 1998 c 317 s 27; 2001 c 7 s 42; 2003 c 
 87 s 50