Md. Code Regs. 10.41.08.14

Current through Register Vol. 51, No. 24, December 2, 2024

Section 10.41.08.14 - Sale of Hearing Aid Software Guidelines

A. To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice that:

(1) States, "The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations.";

(2) Shall be signed by the purchaser before the sale; and

(3) Includes a copy that is kept and maintained by the licensee.

B. To the extent not inconsistent with federal law, a licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:

(1) The date of consummation of the sale;

(2) Specifications as to the make, serial number, and model number of the hearing aid or aids sold;

(3) The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or post-fitting adjustments and servicing of the hearing aid or aids sold;

(4) A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact;

(5) The number of the licensee's license and the name and license number of any other hearing aid dispenser, temporary licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid; and

(6) The terms of any guarantee or written warranty, as required by federal law or regulations, made to the purchaser with respect to the hearing aid or hearing aids.

Md. Code Regs. 10.41.08.14

Regulation .14 adopted effective 51:15 Md. R. 708, eff. 8/5/2024.