HAR Chapter 83 – Hearing Aid Dealers and Fitters

HAWAII ADMINISTRATIVE RULES
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 83
HEARING AID DEALERS AND FITTERS
Subchapter 1 	General Provisions
§16-83-1 	Objective
§16-83-2 	Definitions
Subchapter 2 	Hearing Aid Devices: 	Conditions for Sale
§16-83-3 	Warning to hearing aid dealers and fitters
§16-83-4 	Medical evaluation
§16-83-5 	Purpose of hearing test
§16-83-6 	Opportunity to review user instructional brochure
§16-83-7 	Availability of user instructional brochure
§16-83-8 	Record keeping
Subchapter 3 	Applications
§16-83-12 	Forms and instructions
§16-83-13 	Application for license
§16-83-14 	Application for temporary permit
§16-83-15 	Application for examination and reexamination
§16-83-16 	Denial of application
Subchapter 4 	License Requirements
§16-83-20 	Educational qualifications
§16-83-21 	Repealed
§16-83-22 	Repealed
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§16-83-1
Subchapter 5 	Examination
§16-83-27 	Licensing Examination
§16-83-28 	Repealed
§16-83-29 	Repealed
§16-83-30 	Passing score
§16-83-31 	Frequency of examination
§16-83-32 	Reexamination
Subchapter 6 	Advertising
§16-83-36 	Repealed
§16-83-37 	Restrictions of terms
Subchapter 7 	Oral Testimony
§16-83-41 	Oral testimony
Subchapter 8 	Practice and Procedure
§16-83-46 	Administrative practice and procedure
SUBCHAPTER 1
GENERAL PROVISIONS
§16-83-1 	Objective. 	This chapter is intended to clarify and implement
chapter 451A, Hawaii Revised Statutes, to the end that the provisions thereunder
may 	be 	best 	effectuated 	and 	the 	public 	interest 	most 	effectively 	served.
[Eff 11/22/82; comp 8/8/86; comp 7/18/94] (Auth: HRS §451A-5(1)) (Imp: HRS
§451A-5)
§16-83-2 	Definitions. 	As used in this chapter:
"Branch office" means any office, facility, or space from which the
business of providing hearing aid services is conducted regularly and on a
continuing basis away from the principal place of business.
"Direct supervision" means a licensed hearing aid dealer and fitter being
physically present to oversee and be responsible for all work performed within the
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§16-83-3
office, facility, or space from which the business of providing hearing aid services
is conducted.
"Hearing aid dealer" means a person engaged in the sale, lease, or rental
of hearing aids to any member of the consuming public, or an employee, agent,
salesperson, or representative of the person, or both.
"Hearing aid fitter" means any person engaged in the testing for the proper
selection of a hearing aid for an individual user, the fitting of a hearing aid to the
individual, and the sale of the hearing aid.
"Person" means individuals, partnerships, corporations, associations, or
public or private organizations of any character other than government agencies.
"Practice of dealing and fitting of hearing aids" means the measurement
of human hearing by an audiometer solely for the purpose of making selections,
adaptations, or sales of hearing aids or the manufacture of impressions for
earmolds, and, at the request of a physician or a member of a profession related
to the practice of medicine and surgery, the administrations of audiograms for use
in consultations with the hard-of-hearing.
"Principal place of business" means any office, facility, or space from
which the business of providing hearing aid services is conducted. 	No person,
other than a licensee, shall own, maintain, operate, manage or conduct as manager,
a place where hearing aid services are performed, except as provided in section
451A-18, HRS.
"Record" means medical authorization, waiver, and audiogram.
"Sale" means the sale, lease, rent, or transfer of title, interest, or possession
of any hearing aid, except transactions with distributors or dealers. [Eff 11/22/82;
am and comp 8/8/86; am and comp 7/18/94] (Auth: HRS §451A-5) (Imp: HRS
§§451A-1, 451A-9)
SUBCHAPTER 2
HEARING AID DEVICES: 	CONDITIONS FOR SALE
§16-83-3 	Warning to hearing aid dealers and fitters. 	(a) A hearing aid
dealer and fitter shall advise a prospective hearing aid user to consult promptly
with a licensed physician before dispensing a hearing aid if the hearing aid dealer
and fitter determines through inquiry, actual observation, or review of any other
available information concerning the prospective user, that the prospective user has
any of the following conditions:
(1) 	Visible congenital or traumatic deformity of the ear;
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§16-83-3
(2) 	History of active drainage from the ear within the previous ninety
days;
(3) 	History of sudden or rapidly progressive hearing loss within the
previous ninety days;
(4) 	Acute or chronic dizziness;
(5) 	Unilateral hearing loss;
(6) 	Audiometric air-bone gap equal to or greater than fifteen decibels
at two or more of the frequencies tested between two hundred fifty
hertz (Hz) and two thousand Hz;
(7) 	Visible evidence of significant cerumen accumulation or a foreign
body in the ear canal; or
(8) 	Pain or discomfort in the ear.
(b) 	Special care shall be exercised in selecting and fitting a hearing aid
whose maximum sound pressure level exceeds one hundred thirty-two decibels
(dB) because there may be risk of impairing the remaining hearing of the hearing
aid user. 	This subsection applies only to those hearing aids with a maximum
sound 	pressure 	capability 	greater 	than 	one 	hundred 	thirty-two 	decibels.
[Eff 11/22/82; comp 8/8/86; am and comp 7/18/94] (Auth: 	HRS §451A-5)
(Imp: 	HRS §451A-14.1)
§16-83-4 Medical evaluation. A hearing aid dealer and fitter shall not sell
a hearing aid unless the prospective user has presented to the hearing aid dealer
a 	written 	statement 	signed 	by 	a 	licensed 	physician, 	preferably 	an
otorhinolaryngologist, that the patient’s hearing loss has been medically evaluated
or the prospective user signs a waiver of the medical evaluation. 	The medical
evaluation must have taken place within the preceding six months prior to the date
of sale, barter, offer, or commencement of a commercial relationship, and in the
case of a child seventeen years of age or under shall have been performed by an
otorhinolaryngologist. [Eff 11/22/82; comp 8/8/86; am and comp 7/18/94] (Auth:
HRS §451A-5) (Imp: 	HRS §451A-14.1)
§16-83-5 	Purpose of hearing test. 	The principal purpose of giving a
hearing test shall be for making selections, adaptations, or sales of hearing aids
or the manufacture of impressions for earmold, and, at the request of a physician
or a member of a profession related to the practice of medicine and surgery, the
administration of audiograms for use in consultation with the hearing impaired.
[Eff 11/22/82; comp 8/8/86; am and comp 7/18/94] (Auth: HRS §451A-5) (Imp:
HRS §451A-1)
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§16-83-12
§16-83-6 	Opportunity to review user instructional brochure. 	Before the
sale of a hearing aid to a prospective user, the hearing aid dealer and fitter shall:
(1) 	Provide the prospective user with a copy of the user instructional
brochure 	for 	a 	hearing 	aid 	that 	has 	been 	selected 	for 	the
prospective user;
(2) 	Review the content of the user instructional brochure with the
prospective 	user 	orally, 	or 	in 	the 	predominate 	method 	of
communications used during the sale; and
(3) 	Afford 	the 	prospective 	user 	an 	opportunity 	to 	read 	the 	user
instructional brochure. [Eff 11/22/82; am and comp 8/8/86; am and
comp 7/18/94] (Auth: 	HRS §451A-5) (Imp: 	HRS §451A-5)
§16-83-7 Availability of user instructional brochure. Upon request by an
individual who is considering purchase of a hearing aid, a dealer and fitter, with
respect to any hearing aid that the dealer and fitter dispenses, shall provide a copy
of the user instructional brochure for the hearing aid. [Eff 11/22/82; comp 8/8/86;
am and comp 7/18/94] (Auth: 	HRS §451A-5) (Imp: 	HRS §451A-14)
§16-83-8 	Record keeping. 	The hearing aid dealer and fitter shall retain
for five years after the dispensing of a hearing aid a copy of any written statement
from a physician required under section 16-83-4 or waivers as required under
sections 451A-5(9) and 451A-14.1, HRS. 	The book, file, or microfilm of the
authorizations and statements shall at all times be open to inspection by the board
of 	hearing 	aid 	dealers 	and 	fitters 	and 	other 	law 	enforcement 	agencies.
[Eff 11/22/82; am and comp 8/8/86; am and comp 7/18/94] (Auth: HRS §451A-5)
(Imp: 	HRS §451A-14.1)
SUBCHAPTER 3
APPLICATIONS
§16-83-12 	Forms and instructions. 	(a) An application for license or
permit shall be made under oath on forms provided by the board and shall not be
considered complete unless accompanied with the required documentation and
fees. It shall be each applicant’s responsibility to furnish all information and any
documentation requested by the board.
(b) 	The application form may require the applicant to provide the
following:
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§16-83-12
(1) 	The applicant’s full name;
(2) 	A statement that the applicant has attained the age of majority;
(3) 	The applicant’s current business or mailing address for publication,
and the applicant’s current residence address;
(4) 	The applicant’s social security number;
(5) 	The applicant’s educational history and evidence of the education;
(6) 	The date and place of any conviction of a crime in which a jail
sentence was imposed, unless the conviction has been expunged or
annulled or is otherwise precluded from consideration by section
831-3.1, HRS;
(7) 	The state(s) or jurisdiction(s) in which the applicant is currently
licensed, 	and 	any 	information 	regarding 	any 	disciplinary
proceedings 	or 	disciplinary 	actions 	taken 	by 	any 	state 	or
jurisdiction against the license;
(8) 	A statement that the applicant is a United States citizen or an alien
authorized to work in the United States;
(9) 	The name, license number, and place of business of the hearing aid
dealer and fitter who will be supervising the training of a person
issued a temporary permit;
(10) 	The applicant’s intended business address either as an employee or
an owner of the business; and
(11) 	Any other information the board may require to investigate the
applicant’s qualifications for license or permit.
(c) 	Any requirement that the board provide notice to licensees or
permittees shall be deemed met if notice is sent to the address on file with the
board.
(d) 	Any change in the application or of any information filed with the
board shall be reported to the board, in writing, within thirty days of the change.
[Eff 11/22/82; comp 8/8/86; am and comp 7/18/94] (Auth: HRS §451A-5) (Imp:
HRS §§451A-2, 451A-5, 451A-7, 451A-9, 451A-10, 451A-11, 436B-10, 436B-11)
§16-83-13 	Application for license. 	(a) An application to engage in the
business of dealing and fitting of hearing aids shall be filed with the board and
shall be accompanied by the required fee.
(b) 	The board may delegate to the executive secretary, to an application
review committee comprised of at least one board member, or to both, the
authority 	to 	review 	the 	sufficiency 	of 	qualifications 	for 	admission 	to 	the
examination for licensure, and report the findings or actions to the board. 	[Eff
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§16-83-20
11/22/82; am and comp 8/8/86; am and comp 7/18/94] (Auth: 	HRS §451A-5)
(Imp: 	HRS §451A-7)
§16-83-14 	Application for temporary permit. 	(a) An application for a
temporary permit to engage in the business of dealing and fitting of hearing aids
under the direct supervision of a licensed hearing aid dealer and fitter shall be
filed with the board at any time and shall be accompanied by the required fee.
The board may delegate to the board’s executive secretary the authority to issue
a temporary permit to qualified applicants which shall be good for one year.
(b) 	In the event the holder of a temporary permit has not passed the
examination within one year from the date of issuance, the executive secretary
may reissue the temporary permit once upon written request and payment of the
required fee. [Eff 11/22/82; am and comp 8/8/86; am and comp 7/18/94] (Auth:
HRS §451A-5) (Imp: 	HRS §451A-9)
§16-83-15 Application for examination and reexamination. An application
for examination shall be filed at least sixty days before the date of examination.
[Eff 11/22/82; am and comp 8/8/86; comp 7/18/94] (Auth: HRS §451A-5) (Imp:
HRS §451A-5)
§16-83-16 Denial of application. In the event an application is denied, the
board shall notify the applicant in writing of the board’s action, which shall
include a concise statement of the reasons and a statement informing the applicant
of the rights to a hearing if so desired. [Eff 11/22/82; am and comp 8/8/86; comp
7/18/94] (Auth: 	HRS §451A-5(1)) (Imp: 	HRS §§451A-2, 451A-7)
SUBCHAPTER 4
LICENSE REQUIREMENTS
§16-83-20 	Educational qualifications. 	The board shall accept:
(1) 	A photostat or certified copy of a diploma or certificate of
graduation from high school;
(2) 	A certified photostatic copy of a transcript of high school record;
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§16-83-20
(3) 	In the absence of paragraphs (1) and (2), a statement from the
department of education certifying that the equivalent of a high
school education has been completed; or
(4) 	In lieu of paragraphs (1), (2), and (3), a photostatic or certified
copy of a diploma or certificate of graduation from a college or
university accredited by a regional or national accrediting body
recognized by the United States Department of Education. 	[Eff
11/22/82; am and comp 8/8/86; am and comp 7/18/94] (Auth:
HRS §451A-5) (Imp: 	HRS §451A-2)
§16-83-21 	Repealed. 	[R 8/8/86]
§16-83-22 	Repealed. 	[R 8/8/86]
SUBCHAPTER 5
EXAMINATION
§16-83-27 	Licensing examination. 	(a) An applicant shall be required to
take and pass a licensing examination which shall consist of a written and a
practical portion. 	The written portion shall assess the applicant’s knowledge of
the following areas:
(1) 	Acoustics: 	general principles;
(2) 	Frequency, pitch, and tone quality of sound;
(3) 	Intensity and loudness of sound;
(4) 	Acoustics: 	hearing and speech;
(5) 	The human ear: 	external and middle ear;
(6) 	The human ear: 	inner ear;
(7) 	The hearing process;
(8) 	Disorders of hearing: 	conductive;
(9) 	Disorders of hearing: 	sensori-neural, central, non-organic;
(10) 	Pure-tone audiometry: 	theory;
(11) 	Pure-tone audiometry: 	air conduction;
(12) 	Pure-tone audiometry: 	bone conduction;
(13) 	Speech audiometry;
(14) 	The hearing analysis: 	the audiogram;
(15) 	The hearing analysis: 	the auditory area;
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§16-83-30
(16) 	An introduction to electronics;
(17) 	Hearing aids: 	history;
(18) 	Hearing aids: 	characteristics and components;
(19) 	Hearing aid fitting, part I;
(20) 	Hearing aid fitting, part II;
(21) 	The earmold; and
(22) 	Delivery and check-up.
(b) 	The practical portion shall consist of a written and a hands-on
segment testing the taking of earmold impressions which shall cover:
(1) 	The examination of the ear which shall include the inspection for
abnormalities, 	discharge, 	wax 	impaction 	or 	infection; 	and 	an
external check for moles, scars, and malformations;
(2) 	Techniques of taking an earmold impression;
(3) 	The proper handling of an otoscope; and
(4) 	The taking of an earmold impression which shall consist of the
insertion of a block, the mixing of impression material, and
impression technique. The finished impression shall be checked for
accuracy in the following areas:
(A) 	Helix area filled;
(B) 	Canal properly filled;
(C) 	Proper canal length; and
(D) 	No bubbles or open spaces. 	[Eff 11/22/82; comp 8/8/86;
am and comp 7/18/94] Auth: HRS §451A-5) (Imp: HRS
§§451A-5, 451A-6)
Historical note: 	The substance of this section is based substantially on sections
16-83-28 and 16-83-29. 	[Eff 11/22/82; am and comp 8/8/86; R 7/18/94]
§16-83-28 	Repealed.
§16-83-29 	Repealed.
§16-83-30 Passing score. A grade of seventy shall be a passing score for
each section of the written and practical portions of the licensing examination.
[Eff 11/22/82; am and comp 8/8/86; am and comp 7/18/94] (Auth: HRS 451A-5)
(Imp: 	HRS §§451A-5, 451A-6)
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§16-83-31
§16-83-31 	Frequency of examination. 	Examinations shall be conducted
within the State at least twice each year. 	[Eff 11/22/82; comp 8/8/86; am and
comp 7/18/94] (Auth: 	HRS §451A-5(1)) (Imp: 	HRS §451A-5(3)
§16-83-32 Reexamination. (a) An applicant who fails to attain a passing
score in each section of the written and practical portions of the licensing
examination shall be given credit for the sections passed and shall be permitted
to be reexamined within the next two scheduled examinations.
(b) 	If the applicant fails to pass all sections of the written and practical
portions of the licensing examination within the next two scheduled examinations,
the applicant will lose the credits granted for the sections in which a passing score
was attained and the applicant shall be required to refile an application for
examination as a new applicant. 	[Eff 11/22/82; am and comp 8/8/86; am and
comp 7/18/94] (Auth: 	HRS §451A-5) (Imp: 	HRS §451A-5)
SUBCHAPTER 6
ADVERTISING
§16-83-36 	Repealed.
§16-83-37 	Restrictions of terms. 	In the text of all advertisements,
promotional literature, or any matter for public consumption in all media, such
terms as "free," "no charge," and other similar terms which convey a gratis
relationship, shall only be used when:
(1) 	The ad lists the items or services for which the candidate for a
hearing aid may be charged and the items or services for which
there will be no charge; and
(2) 	The print size of the items or services for which there may be a
charge or for which there will be no charge shall be of equal or
larger print size as the largest sized letter used in the word "free,"
"no 	charge," 	and 	other 	similar 	terms 	which 	convey 	a 	gratis
relationship. 	[Eff 11/22/82; comp 8/8/86; am and comp 7/18/94]
(Auth: 	HRS §451A-5(1)) (Imp: 	HRS §451A-13)
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§16-83-41
SUBCHAPTER 7
ORAL TESTIMONY
§16-83-41 	Oral testimony. 	(a) The board shall accept oral testimony on
any item which is on the board’s agenda, provided that the testimony shall be
subject to the following conditions:
(1) 	Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours prior to the meeting, and at
that time shall state the item on which testimony is to be presented;
(2) 	The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) 	The board may rearrange the items on the agenda for the purpose
of providing for the most efficient and convenient presentation of
oral testimony;
(4) 	Persons presenting oral testimony shall, at the beginning of the
testimony, identify themselves and the organization, if any, that
they represent;
(5) 	The board may limit oral testimony to a specified time period but
in no case shall the period be less than five minutes, and the person
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) 	The board may refuse to hear any testimony which is irrelevant,
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) 	Nothing in this section shall require the board to hear or receive
any oral or documentary evidence from a person on any matter which is the
subject of another proceeding pending subject to the hearings relief, declaratory
relief, or rule relief of chapter 16-201.
(c) 	Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board’s agenda. 	[Eff
and comp 8/8/86; comp 7/18/94] (Auth: 	HRS §451A-5) (Imp: 	HRS §92-3)
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§16-83-46
SUBCHAPTER 8
PRACTICE AND PROCEDURE
§16-83-46 	Administrative practice and procedure. 	The rules of practice
and procedure for hearing aid dealers and fitters shall be as provided in chapter
16-201, the rules of practice and procedure of the department of commerce and
consumer affairs as adopted, and as may subsequently be amended which are
incorporated by reference and made a part of this chapter. [Eff and comp 8/8/86;
am and comp 7/18/94] 	(Auth: 	HRS §§91-2, 451A-5) (Imp: HRS §§91-2,
451A-5)
83-12

Amendments to and compilation of chapter 16-83, Hawaii Administrative
Rules, on the Summary Page dated May 12, 1994, were adopted on May 12, 1994,
following public hearing held on May 12, 1994, after public notice was given in
the Honolulu Advertiser, Hawaii Tribune-Herald, West Hawaii Today, Maui News,
and Kauai Times on April 10, 1994.
These rules shall take effect ten days after filing with the Office of the
Lieutenant Governor.
/s/ June Uyehara-Isono
JUNE UYEHARA-ISONO, Chairperson
Board of Hearing Aid Dealers and Fitters
APPROVED AS TO FORM: 	Date 	6/16/94
/s/ David A. Webber
Deputy Attorney General
APPROVED: 	Date 	6/24/94
/s/ Clifford K. Higa
CLIFFORD K. HIGA, Director
Commerce and Consumer Affairs
APPROVED: 	Date 	7/7/94
/s/ John 	Waihee
JOHN D. WAIHEE
Governor of Hawaii
July 7, 1994
Filed
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DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendment and Compilation of Chapter 16-83
Hawaii Administrative Rules
May 12, 1994
SUMMARY
1. 	§§16-83-2 through 16-83-8 are amended.
2. 	§§16-83-12 through 16-83-14 are amended.
3. 	§16-83-20 is amended.
4. 	§16-83-27 is amended.
5. 	§16-83-28 is repealed.
6. 	§16-83-29 is repealed.
7. 	§§16-83-30 through 16-83-32 are amended.
8. 	§16-83-36 is repealed.
9. 	§16-83-37 is amended.
10. 	§16-83-46 is amended.
11. 	Chapter 83 is compiled.
Effective 7/18/94