HOUSE BILL No. 5331


     February 9, 2000, Introduced by Reps. Richner and Law and referred to the Committee on Health Policy.


        A bill to amend 1980 PA 299, entitled

   "Occupational code,"

   by amending sections 1305, 1307, and 1308 (MCL 339.1305,

   339.1307, and 339.1308), sections 1305 and 1307 as amended by

   1988 PA 463.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1305.  (1) An individual wishing to sell or fit a hear-

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      ing aid in connection with the sale of a hearing aid as a HEARING

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      AID dealer  shall make application to the department.  An  AND AN

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      individual employed by a HEARING AID dealer as a hearing aid

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      salesperson shall  make application  APPLY to the department FOR

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      AN APPROPRIATE LICENSE.

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           (2)  An  THE DEPARTMENT SHALL ISSUE A LICENSE TO AN

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      applicant for a license as a hearing aid dealer  shall be issued

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      a license  if the applicant is over 18 years of age, is of good


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      moral character, is a graduate of an accredited high school or

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      secondary school, PRESENTS EVIDENCE ACCEPTABLE TO THE DEPARTMENT

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      THAT HE OR SHE has served as a licensed hearing aid salesperson

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      for a period of 2 years under the direction and supervision of a

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      licensed hearing aid dealer, and passes a written examination as

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      prescribed by the department.  and the board. 

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           (3)  An  THE DEPARTMENT SHALL ISSUE A LICENSE TO AN appli-

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      cant for a license as a hearing aid salesperson  shall be issued

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      a license  if the applicant is at least 18 years of age, is of

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      good moral character, is a graduate from an accredited high

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      school or secondary school, successfully completes additional

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      training and education as may be required by the department,

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      passes a written examination as prescribed by the department,

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       and the board,  and has served at least 6 months as a trainee

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      licensed by the department.

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           (4) The department  and the board  shall encourage the

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      establishment of a specialized educational course of training for

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      an individual wishing to become a licensed hearing aid dealer or

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      hearing aid salesperson.

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           (5) In place of the written examination provided in subsec-

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      tion (2), the department may accept successful completion of the

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      basic home study course conducted by the national hearing aid

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      society or may waive the examination provided for in subsection

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      (2) when proof satisfactory to the department  and the board  is

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      submitted showing that the applicant has successfully passed an

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      examination given by the official hearing aid examining board in

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      another state, if the examination and passing requirements at the



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      time taken, were substantially equal to those required by the

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      department.

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           (6) AS A CONDITION FOR THE RENEWAL OF LICENSURE AS A HEARING

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      AID DEALER OR A HEARING AID SALESPERSON, A LICENSEE SHALL SUC-

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      CESSFULLY COMPLETE AT LEAST 24 CLOCK HOURS OF CONTINUING EDUCA-

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      TION MEETING THE STANDARDS OF SECTION 1308(2) SINCE INITIAL

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      LICENSURE OR SINCE THE MOST RECENT LICENSE RENEWAL.

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           Sec. 1307.  (1) The department may grant a trainee license

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      to an applicant  working for and under the direct supervision of

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      a licensed dealer on  UNDER the following conditions:

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           (a) The trainee license shall be valid for a 12-month

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      period.  A  THE DEPARTMENT MAY ISSUE A new trainee license  may

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      be issued by the board  upon the filing of an application.

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           (b) The trainee license  shall provide that  ALLOWS the

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      individual to whom it was issued  shall  TO work for and under

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      the direction and supervision of a named licensed hearing aid

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      dealer.

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           (2) The department may transfer a license of a trainee upon

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      the filing of an application for a transfer.

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           (3) A trainee license is subject to revocation for the same

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      reasons and in a similar manner as a regular license.

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           (4) AS A CONDITION FOR THE RENEWAL OF AN ACTIVE TRAINEE

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      LICENSE, A TRAINEE SHALL SUCCESSFULLY COMPLETE AT LEAST 12 CLOCK

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      HOURS OF CONTINUING EDUCATION MEETING THE STANDARDS OF

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      SECTION 1308(2) SINCE THE LICENSE WAS ISSUED OR SINCE THE MOST

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      RECENT RENEWAL.





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           Sec. 1308.  (1) The written examination provided for in

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      section  1305  1305(2) AND (3) shall BE DESIGNED TO test the

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      applicant's knowledge and shall be a practical demonstration of

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      the potential seller's ability in giving a basic audiometric

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      test, in taking an ear mold impression, and in following the pre-

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      scribed rules in fitting and referral for otologic examination.

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           (2) THE CONTINUING EDUCATION COURSES REQUIRED TO BE COM-

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      PLETED UNDER SECTIONS 1305(6) AND 1307(4) SHALL MEET THE FOLLOW-

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      ING MINIMUM REQUIREMENTS:

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           (A) BE NOT LESS THAN 2 CLOCK HOURS IN LENGTH.

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           (B) BE COMPLETED AT ANY TIME FOLLOWING THE EXPIRATION OF THE

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      LICENSEE'S PREVIOUS LICENSE AND THE TIME THE LICENSEE APPLIES FOR

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      RENEWAL.

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           (C) BE DESIGNED TO MAINTAIN AND IMPROVE THE LICENSEE'S

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      SKILL, KNOWLEDGE, AND COMPETENCY IN THE PRACTICE OF SELLING OR

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      FITTING A HEARING AID.

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           (D) BE APPROVED BY THE DEPARTMENT UNDER SECTION 314.























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