Section 25.202. Definitions

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The Hearing Aid Sales Registration Law (35 P. S. § § 6700-101—6700-802).

Advertise and any of its variants—The use of a newspaper, magazine or other publication, book, notice, circular, pamphlet, letter, handbill, poster, sign, placard, label, tag, window display, store sign, radio, television announcement, Internet, or other means or methods employed to bring to the attention of the public the practice of selling or fitting hearing aids.

Audiologist—A person who holds a current license as an audiologist issued by the State Board of Examiners in Speech-Language and Hearing, or a person who is permitted to practice audiology pursuant to an exemption to the audiologist licensure requirement under section 6(b) of the Speech-Language and Hearing Licensure Act (63 P. S. § 1706(b)).

Authorized representative—A person who is authorized by law to make a decision, required pursuant to this subchapter, for a hearing aid user or prospective hearing aid user.

Business of selling hearing aids—

(i) Selling, leasing or offering for sale or lease new, used or reconditioned hearing aids exclusive of parts, attachments or accessories, at retail, either as exact replacements for damaged or worn out units or written specifications provided by an audiologist, otologist or otolaryngologist.

(ii) The term does not include fitting or the practice of fitting and selling hearing aids.

Continuing education program—A program approved by the Department for credit towards the continuing education requirements for the renewal of the registration certificate of a hearing aid fitter.

Conviction—A plea or verdict of guilty, or a conviction following a plea of nolo contendere to a charge of a crime involving moral turpitude.

Department—The Department of Health of the Commonwealth.

Fitting—Includes the physical acts of adjusting the hearing aid to the individual, taking audiograms, making ear molds, advising the individual with respect to hearing aids, making audiogram interpretations and assisting in the selection of a suitable hearing aid to sell a hearing aid.

Hearing aid—A wearable instrument or device designed or offered to aid or compensate for impaired human hearing together with any parts, attachments or accessories for those instruments or devices, including ear molds but excluding batteries and cords.

Hearing aid dealer—A person engaged in the business of selling hearing aids.

Hearing aid fitter—An individual engaged in the practice of fitting and selling hearing aids.

Hearing aid user—An individual who uses a hearing aid.

Practice of fitting and selling hearing aids—Those practices used solely for making selections, adaptations and sales of hearing aids.

Prospective hearing aid user—An individual who is considering buying a hearing aid or whose hearing is being evaluated by a registrant.

Purchaser—An individual who has agreed to purchase a hearing aid from a registrant.

Registrant—A hearing aid dealer or fitter holding a current certificate of registration.

Secretary—The Secretary of Health of the Commonwealth.

Sponsor—An individual registered in this Commonwealth as a hearing aid fitter who agrees to supervise an apprentice hearing aid fitter.

Used hearing aid—

(i) A hearing aid that has been worn for any period of time by a user.

(ii) A hearing aid is not a used hearing aid if it has been worn only by a prospective user as part of a bona fide hearing aid evaluation conducted in the presence of the registrant or an individual selected by the registrant and authorized by law to assist the prospective user in making such an evaluation.