38-1509.

Practice of ordering the use and fitting of hearing instruments; license required; exceptions; organization; filing required.

(1)(a) Except as otherwise provided in this section, it shall be unlawful for any person to engage in the practice of ordering the use and fitting of hearing instruments or display a sign or in any other way advertise or represent that the person is engaged in the practice of ordering the use and fitting of hearing instruments unless such person holds a current, unsuspended, and unrevoked hearing instrument specialist license issued by the department as provided in the Hearing Instrument Specialists Practice Act.

(b) A hearing instrument specialist license shall confer upon the holder the right to select, fit, and sell hearing instruments.

(2) A licensed audiologist shall be exempt from the requirement to be licensed as a hearing instrument specialist.

(3) A hearing instrument specialist or audiologist may order the use of devices pursuant to 21 C.F.R. 801.109, as such regulation existed on January 1, 2025.

(4)(a) Nothing in the Hearing Instrument Specialists Practice Act shall prohibit a corporation, partnership, limited liability company, trust, association, or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail without a license if it employs only properly licensed natural persons in the direct sale and fitting of such products.

(b) Each such organization shall file annually with the department, on a form provided by the department, a list of the licensed hearing instrument specialists employed by the organization. The department may adopt and promulgate rules and regulations as necessary to carry out this section.