October 25, 2005, Introduced by Senator STAMAS and referred to the Committee on Health Policy.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending sections 1301, 1302, 1304, 1305, 1307, and 1308 (MCL
339.1301, 339.1302, 339.1304, 339.1305, 339.1307, and 339.1308),
sections 1301, 1305, and 1307 as amended by 1988 PA 463, and by
adding section 1303a; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1301. As used in this article:
(a) "Hearing aid" means an instrument or device designed for
regular and constant use in or proximate to the human ear and
represented as aiding or improving defective human hearing.
(b)
"Hearing aid dealer"
means an individual who engages in
the
sale or offering for sale at retail of a hearing aid.
(b) (c) "Hearing aid salesperson" health care assistant"
means an individual who engages in the sale or offering for sale at
retail
of a hearing aid and who is an a
direct employee of a
hearing aid
dealer health care provider.
(c) "Hearing health care provider" means an individual who
engages in the sale or offering for sale at retail of a hearing
aid.
(d) "Practice of selling or fitting a hearing aid" means the
selection, adaptation, dispensing, and sale of a hearing aid and
includes the testing of hearing by means of an audiometer and other
means for the sale of a hearing aid. The practice also includes the
making of an impression for an ear mold.
(e) "Unethical conduct" means any of the following:
(i) Selling a hearing aid intended to be used by an individual
16 years of age or less without an otologic examination and
approval by a physician and an audiologic evaluation and
recommendation.
(ii) Canvassing from house to house or place of business either
in person or by an agent for selling a hearing aid without prior
referral or request.
(iii) Failing to properly and reasonably accept responsibility
for the actions of a licensed trainee.
(iv) Offering, paying, causing to be paid, or inferring that a
payment might be made, directly or indirectly, of money or other
thing of value to an audiologist, otologist, physician, clinic, or
other similar medical person or institution as a consideration for
a referral by a medical person or institution or as a part of an
agreement with a medical person or institution.
Sec.
1302. This article shall does
not prohibit a person
from engaging in the business of selling or offering for sale a
hearing aid at retail without a license, if the person employs only
licensed
hearing aid dealers and salespersons health care
providers and hearing health care assistants in the direct sale and
fitting
of the product hearing aid. Each person
shall file
annually
with the department a list of each licensed hearing aid
dealer
or salesperson health care
provider or hearing health care
assistant
directly or indirectly employed
by the person and a
statement on a form approved by the department that the person will
submit
to comply with the rules promulgated under this article and
the
applicable provisions of this article. which
the department
considers
applicable. A person engaging in the business of selling
or offering for sale a hearing aid at retail shall maintain a place
of
business in this state which that
is an actual, established
physical location from which the person conducts business and where
each applicable book or record is maintained. A branch office of
the person shall be under the personal direct supervision of a
hearing aid
dealer health care provider or hearing
aid
salesperson
health care assistant as
qualified in section 1305.
Sec. 1303a. (1) The board of hearing health care providers is
created. Six members of the board shall be qualified hearing health
care providers who have been actively engaged in the sale of
hearing aids for at least 3 years.
(2) Not more than 2 members of the board shall be employees
of, franchised by, or associated exclusively with the same hearing
aid manufacturer.
Sec. 1304. (1) The department shall issue a license as a
hearing aid
dealer health care provider or salesperson hearing
health
care assistant to each person
individual it finds
qualified under this article.
(2) Upon the request of a person, the department shall furnish
a
list of licensed hearing aid dealers health care providers.
Sec.
1305. (1) An individual wishing to sell or fit desiring
to engage in the practice of selling, fitting, or dispensing a
hearing
aid in connection with the sale of a hearing aid as a
dealer
hearing health care provider
shall make application apply
to
the department. An individual employed by a dealer hearing
health
care provider as a hearing aid
salesperson health care
assistant
shall make application apply to
the department.
(2) An
The department shall issue a
license to an applicant
for
a license as a hearing aid dealer shall be issued a license
health care provider if the applicant is over 18 years of age, is
of good moral character, is a graduate of an accredited high school
or secondary school, has served as a licensed hearing aid
salesperson or health care assistant for a period of 2 years under
the direction
direct employment and supervision of a licensed
hearing aid dealer or health care provider, and passes a written
and practical examination as prescribed by the department and the
board.
(3) An
The department shall issue
to an applicant for
a
license
as a hearing aid salesperson shall be issued a license
health care assistant if the applicant is at least 18 years of age,
is of good moral character, is a graduate from an accredited high
school or secondary school, successfully completes additional
training and education as may be required by the department, passes
a written and practical examination as prescribed by the department
and the board, and has served at least 6 months as a trainee
licensed by the department.
(4) The department and the board shall encourage the
establishment of a specialized educational course of training for
an
individual wishing to become a licensed hearing aid dealer
health
care provider or hearing aid
salesperson health care
assistant.
(5) In place of the written examination provided in subsection
(2), the department may accept successful completion of the basic
home study course, as approved by the board, conducted by the
national
international hearing
aid society
or may waive the
examination provided for in subsection (2) when proof satisfactory
to the department and the board is submitted showing that the
applicant has successfully passed an examination given by the
official hearing aid examining board in another state, if the
examination and passing requirements at the time taken, were
substantially equal to those required by the department.
Sec. 1307. (1) The department may grant a trainee license to
an applicant working for and under the direct supervision of a
licensed dealer
hearing health care provider
on the following
conditions:
(a)
The trainee license shall be is valid for a 12-month
period and may be renewed for up to 3 years. A new trainee license
may
be issued by the board department
upon the filing of an
application.
(b)
The trainee license shall provide provides that the
individual to whom it was issued shall work for and under the
direction
direct employment and supervision of a named licensed
hearing aid
dealer health care provider.
(2) The department may transfer a license of a trainee upon
the filing of an application by the trainee for a transfer.
(3) A trainee license is subject to revocation for the same
reasons and in a similar manner as a regular license.
Sec. 1308. The written examination provided for in section
1305 shall test the applicant's knowledge and shall be a practical
demonstration
of the potential seller's applicant's ability in
giving a basic audiometric test, in taking an ear mold impression,
and in following the prescribed rules in fitting and referral for
otologic examination.
Enacting section 1. Section 1303 of the occupational code,
1980 PA 299, MCL 339.1303, is repealed.