2023 District of Columbia Code › Title 28 - Commercial Instruments and Transactions. [Enacted title] › Chapter 40 - Hearing Aid Dealers and Consumers › § 28–4001. Definitions

§ 28–4001. Definitions.
As used in this chapter, the term —
(1) “audiologist” means any person who has at least a master’s degree in audiology and meets the requirements of the American Speech-Language-Hearing Association Certificate of clinical competence or the equivalent in the determination of the Board of Medicine. The title “audiologist” shall not be used singly or in combination with other words unless the person using the title holds the appropriate certification from the American Speech-Language-Hearing Association.
(2) “fitting and selling of hearing aids” means those practices used for the purpose of making selection, adaptation or sale of hearing aids.
(3) “hearing aid” means any wearable instrument or device designed or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories of that wearable instrument, excluding batteries, cords or earmolds.
(4) “hearing test evaluation” means a written statement, based on testing conducted by an audiologist, otolaryngologist, or a medical technician directly supervised by an otolaryngologist. The statement shall include the following information:
(A) the ear or ears to be fitted;
(B) the type of earmold;
(C) the gain (amplification) of the hearing aid;
(D) the minimum and maximum power output of a hearing aid;
(E) the frequency response of the hearing aid;
(F) the results of pure tone and speech audiometry; and
(G) the date of the hearing test.
This shall not prevent an audiologist or otolaryngologist from recommending a specific make and model of hearing aid.
(5) “medical clearance” means a written statement based upon a medical examination by a licensed physician that concludes that the patient may benefit from a hearing aid and that there are no medical conditions to contraindicate the use of a hearing aid. The statement must include the date of the medical examination.
(6) “Office” means the Office of Consumer Protection of the District of Columbia.
(7) “otolaryngologist” means a physician licensed in the District of Columbia who specializes in medical problems of the ear, nose, and throat.
(8) “person” means any individual, partnership, association, organization, or corporation.
(9) “registrant” means a hearing aid dispenser, audiologist, or otolaryngologist who engages in the practice of fitting and selling hearing aids and who has registered pursuant to section § 28-4003.
(10) “sell” or “sale” means any transfer of title or of the right of use by sale, conditional sales contract, lease, bailment, hire-purchase, or any other means, excluding wholesale transactions of dealers and distributors.
(11) “telephone option” means an option available on hearing aids which enables the wearer to hear the electrical signal on the telephone line rather than the acoustic signal produced by the telephone.
(12) “used hearing aid” means a hearing aid which has been worn for any period of time by a buyer or potential buyer.
(13) “hearing aid dispenser” means a person who is at least 18 years of age, has a high school diploma or the equivalent, and has received a certificate of competence from the National Hearing Aid Society or another recognized national organization approved by the Department of Licensing and Consumer Protection.
(Oct. 26, 1977, D.C. Law 2-33, § 2, 24 DCR 3726; enacted, Sept. 6, 1980, D.C. Law 3-85, § 3(b), (e), 27 DCR 2900; Dec. 10, 1987, D.C. Law 7-46,§ 2(a), 34 DCR 6847; Apr. 9, 1997, D.C. Law 11-255, § 27(aa), 44 DCR 1271; Oct. 20, 2020, D.C. Law 23-134, § 2(a), 67 DCR 9883; Apr. 5, 2021, D.C. Law 23-269, § 501(n)(5), 68 DCR 001490.)
Prior Codifications
1981 Ed., § 28-4001.
1973 Ed., T. 28, Appx., § 52.
Editor's Notes
Section 3 of D.C. Law 23-134 provides that the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of D.C. Law 23-134.