Pennsylvania Code (Last Updated: April 5, 2016) |
Title 28. HEALTH AND SAFETY |
PART III. Prevention of Diseases |
Chapter 25. Controlled Substances, Drugs, Devices and Cosmetics |
SubChapter B. HEARING AID SALES AND REGISTRATION |
Section 25.205. Additional registration requirements
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(a) Hearing aid dealers. No requirement is imposed in addition to those imposed under § 25.204(c) (relating to application for and renewal of registration).
(b) Hearing aid fitters. A hearing aid fitter shall pass the qualifying examination as provided by the act.
(c) Reciprocal registrationcertificate by endorsement.
(1) An applicant for registration to practice as a hearing aid dealer or as a hearing aid fitter who is licensed or registered in any other state, which has requirements equal to or greater than those in this Commonwealth for registration as a hearing aid dealer or fitter and which maintains reciprocal practice privileges with this Commonwealth, may be granted a registration certificate by endorsement by the Secretary. Being qualified to apply for a hearing aid fitters registration certificate by endorsement relieves the applicant from having to take the qualifying examination otherwise required under the act.
(2) In all other respects, the applicant for a registration certificate by endorsement shall be registered in the same manner and meet the same requirements as other registrants.
(3) If the Commonwealth does not maintain reciprocal practice privileges with a state in which a person is registered or otherwise authorized to function as a hearing aid fitter or dealer, the person may apply for a temporary registration certificate under subsection (e).
(d) Apprentice registration. Apprentice registration shall conform to the following:
(1) An applicant for registration as an apprentice hearing aid fitter shall have a sponsor responsible for the training and supervision of the applicant.
(2) An application shall be accompanied by a statement of the sponsor:
(i) Setting forth the type of supervision which shall be given the applicant.
(ii) Providing an outline of the training program to be followed in preparing the applicant for examination. The training program shall include education and training in at least the following areas:
(A) The anatomy and physiology of the ear.
(B) The function of hearing aids.
(C) The grounds for revocation or suspension of a certificate of registration, or probation of a registrant, under the act.
(D) The violations and penalties under the act.
(E) The procedures and use of equipment established by the Department for the fitting and selling of hearing aids.
(F) The taking of ear mold impressions.
(G) The medical and rehabilitation facilities for children and adults that are available in the areas served.
(H) The criteria for medical referral when found to exist either from observation by the registrant or on the basis of information furnished by the prospective hearing aid user, to include those criteria in § 25.211(d) (relating to medical recommendations; waiver forms).
(iii) Providing the registration number of the sponsor.
(3) An apprentice hearing aid fitter desiring to change sponsors shall furnish the Department a sworn or affirmed request giving reasons for the change and a sworn or affirmed statement from the new sponsor setting forth the information required by paragraph (2), and accompanied by the apprentices certificate of registration. An affirmed statement may be given in any form so long as it is in writing, signed, and contains a statement to the effect that it is truthful.
(4) A sponsor desiring to terminate responsibilities with regard to an apprentice shall give the apprentice 10 days written notice of the reasons for the action and shall notify the Department at the same time by certified mail.
(e) Temporary registration. Temporary registration shall conform to the following:
(1) A temporary fitters registration certificate will be issued to an applicant who satisfactorily demonstrates having been engaged in the fitting and selling of hearing aids at an established place of business in a state other than this Commonwealth for 2 years within a 5-year period immediately before making application and who otherwise fulfills the requirements of the act and this subchapter.
(2) The temporary registrant shall take the hearing aid fitters examination to qualify for a regular hearing aid fitters registration certificate.
(3) The temporary registration certificate shall expire 30 days after the administration of the qualifying examination that the temporary registrant takes. The temporary registrant shall take the qualifying examination no earlier than 90 days after the date the temporary registration certificate was issued, and no later than 1 year after the date the temporary registration certificate was issued.
Notation
Since the legislature obviously believes that the license already held by physicians and audiologists is adequate proof of their competence to fit patients with hearing aids, they are not required to take a qualifying examination prior to obtaining a hearing aid dealers certificate. Pennsylvania Hearing Aid Dealers Association, Inc. v. Department of Health, 417 A.2d 1340 (Pa. Cmwlth. 1980); affirmed 430 A.2d 1150 (Pa. 1981).