KRS § 334.030 — KY Code / Title XXVI / Chapter 334 / Section 334.030
334.030 Requirement of written agreement, offer to purchase, or receipt -- Contents -- Right to cancel -- Delivery statement -- Solicitation provisions
Status: in_force

334.030 Requirement of written agreement, offer to purchase, or receipt --

Contents -- Right to cancel -- Delivery statement -- Solicitation provisions.

(1) Any person who practices the sale or fitting of hearing instruments shall obtain from

the buyer of a hearing instrument, at the time such buyer assumes any financial

obligation with respect to the purchase, the buyer's signature on a written and dated

agreement, offer to purchase, or receipt. The written agreement, offer to purchase,

or receipt shall contain the following information:

(a) Licensee's signature, printed name and business address, and license number

issued to the licensee by the board pursuant to this chapter;

(b) Make, model, and serial number of the hearing instrument;

(c) Immediately following the information required by paragraphs (a), (b), and (d)

of this subsection, shall be the statement, in all capital letters in no smaller

type than the largest used in the body copy portion, that: ANY COMPLAINTS

CONCERNING THE SALE OR SERVICE OF THIS HEARING

INSTRUMENT WHICH ARE NOT CORRECTED BY THE SPECIALIST

IN HEARING INSTRUMENTS SHOULD BE DIRECTED TO:

KENTUCKY LICENSING BOARD FOR SPECIALISTS IN HEARING

INSTRUMENTS AT ITS CURRENT MAILING ADDRESS FOUND ON

THE BOARD WEB SITE; and

(d) Notice and statement of the purchaser's thirty (30) day right to cancel pursuant

to KRS 334.210.

(2) The written agreement, offer to purchase, or receipt shall bear in no smaller type

than the largest used in the body copy portion the following statement: "The

purchaser has been advised at the outset of his or her relationship with the specialist

in hearing instruments that any examination or representation is not an examination,

diagnosis, or prescription by a person licensed to practice medicine in this state and

therefore shall not be regarded as medical opinion or advice."

(3) Upon delivery of a hearing instrument, the client shall be furnished a delivery

statement which shall include specifications as to the make, model, serial number,

and delivery date, with full terms of the sale clearly stated. If a hearing instrument

which is not new is offered for sale or is sold, that fact shall be clearly stated and

conspicuously disclosed and read in the oral sales presentation before the buyer

assumes any financial obligation with respect to the purchase, and the receipt shall

be clearly marked as "used," "reconditioned," or "not new," whatever is applicable,

with terms of guarantee, if any.

(4) No person who practices the selling or fitting of hearing instruments shall visit the

home or place of business of a potential buyer for the purpose of soliciting or

inducing a sale of a hearing instrument without having obtained, prior to any visit,

the expressed written consent of the potential buyer to such a visit. The consent

required by this subsection shall clearly and conspicuously state that the potential

buyer is aware that the specialist in hearing instruments may attempt to sell a

hearing instrument during his or her visit.