KRS § 334A.205 — KY Code / Title XXVI / Chapter 334A / Section 334A.205
334A.205 Requirement of written agreement, offer to purchase, or receipt -- Contents -- Delivery statement -- Solicitation provisions
Status: in_force

334A.205 Requirement of written agreement, offer to purchase, or receipt --

Contents -- 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 the buyer assumes any financial

obligation regarding 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:

(a) 1. Licensee's signature and printed name;

2. Licensee's business address; and

3. License number issued to the licensee by the board pursuant to this

chapter;

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

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

to KRS 334A.207; and

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

of this subsection, 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 A LICENSED

AUDIOLOGIST SHOULD BE DIRECTED TO: KENTUCKY BOARD OF

SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY,

COMMONWEALTH OF KENTUCKY, FRANKFORT, KENTUCKY

40601."

(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 an

audiologist licensed under KRS Chapter 334A 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 regarding 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 previously obtained the

express 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 licensed audiologist may attempt to sell a hearing instrument during

his or her visit.