N.D. Admin. Code Title 104 — North Dakota Board of Hearing Instrument Dispensers

Article 104-01 General Administration

Chapter 104-01-01 Organization of the Board

N.D. Admin. Code 104-01-01-01 Organization of the board

1.History. The 1969 legislative assembly passed legislation establishing the state board of hearing aid dealers and fitters, codified as North Dakota Century Code chapter 43-33. The 1991 legislative assembly changed the name of the board to the state board of hearing instrument dispensers. The board is responsible for examining and licensing applicants for licensure as hearing instrument dispensers, and regulating the practice of fitting and dispensing hearing instruments.

2.Board membership. The board consists of ten members appointed by the governor. Board members must be residents of the state. The board consists of four hearing instrument dispensers who are not audiologists or otolaryngologists, one otolaryngologist, three audiologists, and two consumers. Board members serve four-year terms, and no member may be reappointed to the board until at least one year after the expiration of that person's second term of office.

3.Board officers. Board members annually designate individual members to serve as chairperson, licensure secretary, and treasurer.

4.Inquiries. Inquiries regarding the board may be addressed to:

North Dakota Board of Hearing Instrument Dispensers c/o 825 SW 25th Street Fargo, ND 58103

History

• History: Effective July 1, 1996.
• General Authority: NDCC 28-32-02.1
• Law Implemented: NDCC 28-32-02.1

Article 104-02 Miscellaneous Provisions

Chapter 104-02-01 Definitions

N.D. Admin. Code 104-02-01-01 Definitions

1."Adequate and proper audiometric testing" as used in North Dakota Century Code section 44-33-12 includes, except as provided in this subsection, a minimum of air conduction, bone conduction pure tone thresholds, and speech audiometry with appropriate masking. When indicated, these measures should be supplemented with sound field measures, real ear evaluations, or other board-approved methods of verification of improvement in hearing or discrimination. The minimum tests described in this subsection are subject to appropriate modification or omission depending upon the age and ability of the person being tested to respond to the tests.

2."Direct supervision" as used in subsection 2 of North Dakota Century Code section 43-33-08 means to coordinate, direct, and inspect at first hand the accomplishments of. Direct supervision requires direct onsite supervision in the same facility or location.

3."Hearing instrument" refers to new hearing instruments and includes the serial number provided at the time of delivery, the length of warranty on the hearing instrument, and whether the warranty is backed by the dealer or manufacturer. The term "hearing instrument" also refers to stock hearing instrument, custom shells, earmolds, used or repaired hearing instruments, and includes the serial number provided at the time of delivery, the length of warranty on the hearing instrument, and whether the warranty is backed by the dealer, manufacturer, or repair shop. In addition, all used or reconditioned instruments must be clearly marked as such.

4."Measuring of hearing" as used in North Dakota Century Code section 43-33-04 includes that such measure should be conducted in an environment which takes into account background noise levels and their effect upon the acquisition of valid threshold measurements. Testing should not be conducted in an environment which would render thresholds invalid.

5."Measuring of human hearing" as used in North Dakota Century Code section 43-33-04 includes the measurement of human hearing through the utilization of an audiometer and those procedures common to otological and audiological assessment of hearing acuity.

6."Sale" as used in North Dakota Century Code chapter 43-33 must be deemed made or completed when a purchase agreement of receipt is signed by the purchaser, total or partial payment is made, and the hearing instruments are ordered.

7."Week" means a period of forty hours.

History

• History: Effective July 1, 1996; amended effective April 1, 1999.
• General Authority: NDCC 43-33-14
• Law Implemented: NDCC 43-33-01

Chapter 104-02-02 Board Officers

N.D. Admin. Code 104-02-02-01 Terms and duties of officers

Officers elected by the board shall serve for a term of one year, or until a successor is elected and qualified. It is the duty of the chairperson to preside at all board meetings. It is the duty of the licensure secretary to document all board business. It is the duty of the treasurer to manage and document all board financial business. In the absence of the chairperson, a vice chairperson must be appointed to preside at the meeting by general election.

History

• Law Implemented: NDCC 43-33-15

N.D. Admin. Code 104-02-02-02 Filling vacancies

In the event of a vacancy, the unexpired terms of office for chairperson, secretary, and treasurer must be filled for the remainder of the unexpired term by general election by the board.

History

• Law Implemented: NDCC 43-33-15

N.D. Admin. Code 104-02-02-03 Licensure certificates and identification cards

Licensure certificates and identification cards are issued by the licensure secretary appointed by the chairperson to all licensees and permittees and must be in possession of the licensees and permittees at all times they are involved in the practice of fitting and dispensing hearing instruments.

History

• Law Implemented: NDCC 43-33-08

Article 104-03 Licensure

Chapter 104-03-01 Examinations

N.D. Admin. Code 104-03-01-01 Mailing notice of practicum examination

Notice of all practicum examinations must be sent to all persons holding temporary training permits at least forty-five days prior to the administration of the examination. To be eligible to participate in the examination, all applications for the examination must be received by the board at least thirty days prior to the examination date.

History

• Law Implemented: NDCC 43-33-07, 43-33-14

N.D. Admin. Code 104-03-01-02 Persons eligible to take examination

1.An individual may take the examination without first obtaining a temporary training permit.

2.To be eligible to take the examination, trainees under supervision are required to submit to the licensure secretary written verification of satisfactory completion of initial training requirements as outlined in North Dakota Century Code section 43-33-08.

3.An individual may take each section of the examination three times. After failing the examination the third time, the individual must wait at least one year before being eligible to take another examination.

4.A trainee under supervision is required to submit to the licensure secretary a log verifying that adequate supervision has been given as outlined in North Dakota Century Code section 43-33-08.

History

• Law Implemented: NDCC 43-33-07, 43-33-08

N.D. Admin. Code 104-03-01-03 Ethics on examination

Passing on information regarding the examination content or procedures utilized, other than complaints presented to the board, is a breach of professional ethics.

History

• Law Implemented: NDCC 43-33-12, 43-33-14

N.D. Admin. Code 104-03-01-04 Written submission of complaints

Each individual taking the examination must be informed that the individual has the right to submit in writing any complaint the individual may feel justifiable as a result of participating in the examination process, but the complaint must be filed with the board within ten days of the examination. The board's decision as to appropriate action is final in regard to board consideration. If a complaint involved one of the members of the board, that member must be excused from the deliberation.

History

• Law Implemented: NDCC 43-33-12

N.D. Admin. Code 104-03-01-05 Requirements for licensure

1.Applicants may obtain a license by successfully passing a qualifying examination, provided the applicant is eighteen years of age or older, of good moral character, and has an education equivalent to a four-year course in an accredited high school.

2.The examination must include:

a.Tests of knowledge in the following areas as they pertain to the fitting of hearing instruments:

(1)Basic physics of sound.

(2)The anatomy and physiology of the ear.

(3)The function of hearing instruments.

(4)Hearing instrument evaluating and fitting process.

(5)Elementary audiology.

b.Practical tests of proficiency in the following techniques as they pertain to the fitting of hearing instruments:

(1)Pure-tone audiometry, including air conduction testing and bone conduction testing.

(2)Live voice or recorded voice speech audiometry, including speech reception threshold testing and most comfortable loudness measurements and measurements of tolerance thresholds.

(3)Masking when indicated.

(4)Recording, evaluation, and interpreting audiograms and speech audiometry to determine proper selection and adaption of a hearing instrument for air, bone, and speech audiometry.

(5)Otoscopic examination of the ear and taking earmold impressions.

(6)Selection and adaption of hearing instruments.

(7)Knowledge of calibration of equipment.

(8)Knowledge of North Dakota Century Code chapter 43-33 and the rules adopted by the board.

3.A minimum score of seventy percent is required on the written examination and seventy-five percent on the practicum examination. If a lower score is received on either examination, the applicant must be required to retake that examination.

History

• Law Implemented: NDCC 43-33-06, 43-33-07

N.D. Admin. Code 104-03-01-06 Fees

The fees charged by the board are as follows:

1.Initial license or certificate of endorsement, and annual renewals thereafter, $150.00;

2.Written exam, $50.00; and

3.Practicum, $50.00.

History

• History: Effective April 1, 1999.
• Law Implemented: NDCC 43-33-06, 43-33-07, 43-33-11

Chapter 104-03-02 Disciplinary Action

N.D. Admin. Code 104-03-02-01 Disciplinary grounds

The board may refuse to renew, suspend, revoke, or place on probationary status any license or trainee permit issued by the board if the licensee or permitholder has done any of the following:

1.Made any false statement or given any false information in connection with an application for a license or trainee permit or for renewal or reinstatement of a license or trainee permit.

2.Been issued a license or trainee permit through error.

3.Practiced as a hearing instrument dealer or fitter while the person's ability to practice was impaired by alcohol or other drugs.

4.Permitted another person to use his or her license or trainee permit.

5.Failed to properly supervise trainees.

History

• History: Effective July 1, 1996.
• General Authority: NDCC 43-33-14
• Law Implemented: NDCC 43-33-12, 43-33-13, 43-33-14

Article 104-04 Supervision and Training

Chapter 104-04-01 Supervision and Training

N.D. Admin. Code 104-04-01-01 Supervision of trainees

1.Supervisors of trainees must be competent professional workers who hold a valid North Dakota hearing aid dealers license. The supervision of the trainees must entail the personal direct involvement of the supervisor in a way that will permit the supervisor to attest to the adequacy of the trainee's performance in the training experience.

2.Knowledge of the trainee's work may be obtained in a variety of ways, such as conferences, audio and videotape recordings, written reports, staffings, discussions with other persons who have participated in the training of the trainee, and must include direct observation of the trainee performing pure-tone air and bone conduction and speech audiometric evaluations, interpretation of audiograms, troubleshooting hearing instruments and sound-field testing of subjects, as well as taking case history information and performing such other activities considered important to the preparation for licensure.

3.A supervisor may have a maximum of three trainees concurrently.

4.All professional contacts between the supervisor and trainee must be entered in the trainee logbook. The trainee may not make any sale of a hearing instrument without first consulting with the supervisor and obtaining the supervisor's approval and signature of such approval in the supervisor's logbook prior to such sale.

5.A person who holds a temporary training permit is required to be under direct supervision until having passed one of the two exams of the licensing process. If the trainee has not successfully passed both examinations of the licensing process within the first year, a temporary training permit may be renewed or reissued once upon payment of the required fees. At this time the trainee is required to be under direct supervision of the trainee's supervisor until such time as both parts of the examination have been successfully passed.

History

• Law Implemented: NDCC 43-33-07, 43-33-08

N.D. Admin. Code 104-04-01-02 Training requirements

Training requirements are as set forth in North Dakota Century Code section 43-33-08. In addition, the board also strongly recommends completion of the basic home study course by the national institute of hearing instruments studies or its equivalent.

History

• Law Implemented: NDCC 43-33-08

N.D. Admin. Code 104-04-01-03 Responsibility of supervisor

A trainee supervisor is responsible to:

1.Provide the day-to-day supervision of the trainee, including assigning a licensed supervisor for temporary absences.

2.Provide the trainee with materials and equipment necessary for appropriate audiometric and hearing instrument evaluation and fitting procedures.

3.Supplement the trainee's background information through reading lists and other references.

4.Conduct inservice training for trainees.

5.Act as consultant to the trainee, that is:

a.Provide time for conferences for the trainee.

b.Be able to provide a variety of resource materials, approaches, and techniques which are based on sound theory, successful practice, or documented research.

6.Establish goals with the trainee which are realistic, easily understandable, and directed toward the successful completion of trainee requirements; and:

a.Observe the trainee in all aspects of the hearing instrument fitting process.

b.Confer with the trainee following trainee's contact with client.

c.Provide opportunity for the trainee to give feedback on the trainee's practicum experiences both during and after the practicum experience, either in writing or through conferences.

7.Assist and encourage the trainee to utilize supportive professional sources.

8.Be aware of and adhere to state and federal laws relating to hearing instrument fitting and dispensing.

9.Be aware of and assist the trainee in fulfilling licensing requirements of the state of North Dakota.

10.Notify the board within ten days following termination of trainee supervision.

History

• Law Implemented: NDCC 43-33-08

N.D. Admin. Code 104-04-01-04 Forms to be used

1.The board hereby adopts the following forms:

a.State board practicum examination score sheets (see appendix C of guidelines for evaluating candidates for the practical test of proficiency).

b.Trainee log.

c.Supervisor's log.

2.Copies of these forms may be obtained by contacting the board licensure secretary.

History

• Law Implemented: NDCC 43-33-14

Article 104-05 Continuing Education

Chapter 104-05-01 General Requirements for Continuing Education

N.D. Admin. Code 104-05-01-01 General requirements for continuing education

1.Each dispenser licensed in this state is required to take ten hours of continuing education each year. Subject matter for continuing education credit courses must include a minimum of six hours hearing instrument related, two hours may be audiology, and two hours of other subjects related to the hearing instrument dispensing operation.

2.Licensees shall provide written proof of attendance and completion of approved courses for renewal of license. The board may accept for continuing education credit courses approved and sponsored by the international hearing society, national institute of hearing instruments studies, and American speech-language hearing association.

History

• History: Effective July 1, 1996.
• General Authority: NDCC 43-33-14
• Law Implemented: NDCC 43-33-11

Article 104-06 Practice Requirements

Chapter 104-06-01 Practice Requirements

N.D. Admin. Code 104-06-01-01 Notification of business name or address change

Licensees are required to notify the board within ten days of when they change the name or address of their business, including notification of the forwarding address when leaving the state. The business address of licensees must be a permanent address and not a post-office box.

History

• Law Implemented: NDCC 43-33-10

N.D. Admin. Code 104-06-01-02 Guidelines for a thirty-day trial period

1.Any purchaser of a hearing instrument or instruments is entitled to a refund of the full purchase price advanced by the purchaser for such instrument or instruments, less a nominal usage charge as hereinafter described, upon the return by the purchaser to the licensee in good working order, normal wear and tear excepted, within thirty days from the date of delivery of such instrument or instruments.

2.Prior to delivery to the purchaser by the licensee of any instrument or instruments, the per day usage charge to which the licensee may be entitled upon the return of such instrument or instruments within the thirty-day period shall be fixed by written agreement. In the absence of such agreement, the licensee is entitled to no more than two dollars per day per instrument for each day the instrument or instruments may be held by the purchaser.

3.The purchaser is entitled, at no cost, to receive a copy of any written agreement as described in subsection 2, which agreement must include the name, address, and phone number of the dealer or fitter.

4.No refund is due the purchaser for charges attributable to earmolds, batteries, hearing tests, or hearing evaluations and other related procedures such as special modifications such as needed for Cros or Bi-Cros hearing instruments, or any other type of fittings and testing unless such fees exceed fifteen percent of all expenses incurred in the fitting process. Upon request, any fee by the dispenser over the fifteen percent must be returned to the purchaser of the complained of instrument.

History

• Law Implemented: NDCC 43-33-14

N.D. Admin. Code 104-06-01-03 Advertisements

All advertisements for testing, dispersing, or selling hearing instruments must include at least the name of the dispenser present or the office address and phone number of that dispenser.

History

• Law Implemented: NDCC 43-33-12, 43-33-14