Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 71 of chapter 93 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out the definition of "Audiologist" and inserting in place thereof the following two definitions:-

"Audiologist", a person who is duly licensed as an audiologist in the commonwealth according to the requirements set forth in chapter one hundred and twelve.

"Audiological evaluation", a written statement from an audiologist, prepared in triplicate, based on testing conducted by such audiologist that includes the following information: the ear or ears to be fitted and the date of the testing.

SECTION 2. Said section 71 of said chapter 93, as so appearing, is hereby further amended by striking out the definition of "Hearing test evaluation".

SECTION 3. Said chapter 93 is hereby further amended by striking out section 72, as so appearing, and inserting in place thereof the following section:-

Section 72. No person shall enter into a contract for the sale of or sell a hearing aid unless within the preceding six months the prospective purchaser has obtained a medical clearance.

No person shall enter into a contract for the sale of or sell a hearing aid to a person under eighteen years of age unless within the preceding six months the prospective purchaser has obtained an audiological evaluation.

No person except a person eighteen years of age or older whose religious or personal beliefs preclude consultation with a physician may waive the requirement of a medical clearance.

SECTION 4. Said chapter 93 is hereby further amended by striking out section 73, as so appearing, and inserting in place thereof the following section:-

Section 73. No physician or otolaryngologist shall sell hearing aids or have a direct or indirect membership, employment, co-ownership, or proprietary interest in or with a business which sells hearing aids to, a person to whom such physician or otolaryngologist has provided services pursuant to section seventy-two; provided, however, that this restriction shall not apply to a nonprofit or charitable organization, clinic, hospital or health care facility.

An audiologist who sells a hearing aid to a person to whom such audiologist had provided services pursuant to section seventy-two shall disclose to the prospective purchaser before the sale of the hearing aid the fees for the services provided pursuant to section seventy-two and the terms of the prospective sale of the hearing aid, including a written estimate of the total purchase price, including, but not limited to, the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs, and shall inform the prospective purchaser of his right to obtain a hearing aid from a different source.

No person directly or indirectly shall give or offer to give or permit or cause to be given money or anything of value to a physician, otolaryngologist or audiologist as an inducement to influence the recommendation of the purchase of a hearing aid.

Nothing in this section shall prevent a physician, otolaryngologist or audiologist from suggesting a specific make and model of a hearing aid.

SECTION 5. The first paragraph of section 74 of said chapter 93, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following four sentences:- The sale of a hearing aid is restricted to those individuals who have obtained a medical evaluation from a licensed physician or otolaryngologist. A fully informed adult whose religious or personal beliefs preclude consultation with a physician may waive the requirement of a medical evaluation. The exercise of such a waiver is not in your best health interest and its use is strongly discouraged. It is also required that a person under the age of eighteen years obtain an evaluation by an audiologist in addition to the medical evaluation before a hearing aid can be sold to such person.

SECTION 6. Said section 74 of said chapter 93, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

A copy of the medical clearance statement and audiological evaluation, where required, for the hearing aid shall be attached to the receipt.

SECTION 7. The fourth paragraph of said section 74 of said chapter 93, as so appearing, is hereby amended by striking out, in line 22, the words "hearing test evaluation" and inserting in place thereof the words:- audiological evaluation.