Mass. Gen. Laws ch. 93, sec. 73 — MA Code / Part I / Title XV / Chapter 93 / Section 73
Sale of hearing aid by physician, otolaryngologist or audiologist offering services under Sec. 72; disclosure; inducement to influence recommendation of purchase
Status: in_force

Section 73. No physician or otolaryngologist shall sell hearing aids or have a direct or indirect membership, employment, co-ownership, or proprietary interest in or with a business which sells hearing aids to, a person to whom such physician or otolaryngologist has provided services pursuant to section seventy-two; provided, however, that this restriction shall not apply to a nonprofit or charitable organization, clinic, hospital or health care facility. An audiologist who sells a hearing aid to a person to whom such audiologist had provided services pursuant to section seventy-two shall disclose to the prospective purchaser before the sale of the hearing aid the fees for the services provided pursuant to section seventy-two and the terms of the prospective sale of the hearing aid, including a written estimate of the total purchase price, including, but not limited to, the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs, and shall inform the prospective purchaser of his right to obtain a hearing aid from a different source. No person directly or indirectly shall give or offer to give or permit or cause to be given money or anything of value to a physician, otolaryngologist or audiologist as an inducement to influence the recommendation of the purchase of a hearing aid. Nothing in this section shall prevent a physician, otolaryngologist or audiologist from suggesting a specific make and model of a hearing aid.

Section 73. No physician or otolaryngologist shall sell hearing aids or have a direct or indirect membership, employment, co-ownership, or proprietary interest in or with a business which sells hearing aids to, a person to whom such physician or otolaryngologist has provided services pursuant to section seventy-two; provided, however, that this restriction shall not apply to a nonprofit or charitable organization, clinic, hospital or health care facility.

An audiologist who sells a hearing aid to a person to whom such audiologist had provided services pursuant to section seventy-two shall disclose to the prospective purchaser before the sale of the hearing aid the fees for the services provided pursuant to section seventy-two and the terms of the prospective sale of the hearing aid, including a written estimate of the total purchase price, including, but not limited to, the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs, and shall inform the prospective purchaser of his right to obtain a hearing aid from a different source.

No person directly or indirectly shall give or offer to give or permit or cause to be given money or anything of value to a physician, otolaryngologist or audiologist as an inducement to influence the recommendation of the purchase of a hearing aid.

Nothing in this section shall prevent a physician, otolaryngologist or audiologist from suggesting a specific make and model of a hearing aid.