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148.5197 HEARING AID DISPENSING.
    Subdivision 1. Content of contracts. Oral statements made by an audiologist or certified
dispenser regarding the provision of warranties, refunds, and service on the hearing aid or aids
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. 2. Required use of license number. The audiologist's license number or certified
dispenser's certificate number must appear on all contracts, bills of sale, and receipts used in the
sale of hearing aids.
    Subd. 3. Consumer rights information. An audiologist or certified 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 dispensing of
hearing aids, to each potential consumer of a hearing aid. The brochure must contain information
about the consumer information center described in section 153A.18. A contract for a hearing
aid must note the receipt of the brochure by the consumer, along with the consumer's signature
or initials.
    Subd. 4. Liability for contracts. Owners of entities in the business of dispensing hearing
aids, employers of audiologists or persons who dispense hearing aids, supervisors of trainees or
audiology students, and hearing aid dispensers conducting the 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 aid contracts against the principal,
employer, supervisor, or dispenser who conducted the transaction and may impose any remedy
provided for in this chapter.
History: 2005 c 147 art 7 s 9

Official Publication of the State of Minnesota
Revisor of Statutes