REGULATION OF TRADE AND CERTAIN ENTERPRISES
Section 71. As used in sections seventy-two to seventy-five, inclusive, the following words shall have the following meanings:—
“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.
“Hearing aid”, an electronic instrument or device worn on the human body for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, but excluding batteries, cords and earmolds; provided, that equipment devices and attachments offered by a public utility company and used in conjunction with its services shall not be included within this definition.
“Person”, an individual, partnership, association, organization or corporation.
“Physician”, a person licensed in the commonwealth in accordance with the provisions of section two of chapter one hundred and twelve.
“Otolaryngologist”, a physician licensed in the commonwealth who specializes in medical problems of the ear, nose and throat, and who is eligible for qualification by the American Board of Otolaryngology as an otolaryngologist.
“Sell” or “sale”, a transfer of title to a hearing aid or transfer of the right to possession of a hearing aid by sales contract, lease, bailment, loan or any other means, excluding wholesale transactions of dealers and distributors.
“Medical clearance”, a written statement, from a physician or otolaryngolgist, prepared in triplicate, based on a medical examination by such physician or otolaryngologist, that concludes that the prospective purchaser has been examined, that the physician or otolaryngologist has determined that the prospective purchaser is a candidate for a hearing aid and that there are no medical conditions to contraindicate the use of a hearing aid. Such statement shall include the date of the medical clearance, and whether or not the person, at the time of the medical examination, owns or uses a hearing aid for the designated ear.