Okla. Admin. Code § 310:266-1-2

Current through Vol. 42, No. 7, December 16, 2024
Section 310:266-1-2 - Definitions

The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means those statutes relating to Hearing Aid Dealers and Fitters codified at 63 O.S. §§ 1-1750 through 1-1754 and 15 O.S. § 764.1.

"Air-conduction hearing aid" means a hearing aid that conducts sound to the ear through the air. [Title 21 CFR Part 800, § 800.30]

"Commissioner" means the State Commissioner of Health or his/her authorized representative.

"Department" means the Oklahoma State Department of Health.

"Direct on-site supervision" means a licensed hearing aid dealer and fitter shall accompany a temporary permit holder anytime the permit holder is performing the practice of fitting and dealing in hearing aids.

"Hearing aid" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing. It includes both air conduction and bone conduction devices.

"Hearing aid provider" means a hearing aid dealer or fitter licensed pursuant to Section 1-1750 et seq. of Title 63 of the Oklahoma Statutes. [Title 15 O.S. § 764.1]

"Hearing Screening" means a binary pure tone screening at a preset intensity level for the purpose of determining if an individual screened needs further testing prior to the selection or sale of a hearing aid.

"Indirect supervision" means that the supervising licensed hearing aid dealer and fitter is not required to be present in the same facility as is the person being supervised, but is available for voice to voice contact by telephone, radio, or other means at the initiation of the person being supervised. It means specific supervisory activities, other than direct supervision, that are performed by a licensed hearing aid dealer and fitter and that may include consultation, record review, consulting, and evaluation of audiotaped or videotaped sessions, at a minimum on a weekly basis.

"Involvement of a licensed person" means the supervision, prescription, or other order, involvement, or intervention of a licensed person. [Title 21 CFR Part 800, § 800.30]

"License" means a license issued by the Commissioner to hearing aid dealers and fitters.

"Over-the-counter hearing aid" means an air-conduction hearing aid that does not require implantation or other surgical intervention, and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. The device, through tools, tests, or software, allows the user to control the hearing aid and customize it to the user's needs. The device may use wireless technology or may include tests for self-assessment of hearing loss. The device is available over-the-counter, without the supervision, prescription, or other order, involvement, or intervention of a licensed person, to consumers through in-person transactions, by mail, or online, provided that the device satisfies the requirements in Title 21 CFR Part 800, § 800.30(b).

"Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation. [63 O.S. Section 1-1454(E)(2)]

"Practice of fitting and dealing in hearing aids" means those practices used for the purpose of selection, adaptation and sale of hearing aids including direct observation of the ear together with the counseling and instruction pertaining thereto, the testing of human hearing for these purposes and the making of impressions for earmolds.

"Rescission period" means thirty (30) calendar days from the day the hearing aid is placed in the possession of the purchaser. [15 O.S. § 764.1 (A) (3)]

"Sell" or "sale" means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.

"Sponsor" means a person who is licensed and in good standing pursuant to this Chapter to fit and dispense hearing aids and who agrees to train and supervise a temporary permit holder.

"Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness of ability to perform one or more of the duties or responsibilities necessarily related to the occupation. [63 O.S. 1-1454 (E)(1)]

"Temporary permit" means a permit issued while the applicant is training to become a licensed hearing aid dealer or fitter.

Okla. Admin. Code § 310:266-1-2

Adopted by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 9/11/2023