California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 5 - Miscellaneous › Section 1399.127 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensed
				hearing aid dispenser may advertise any goods or services authorized to be
				provided by such license in a manner authorized by Section
				651 of the Code so long as such
				advertising does not promote the unnecessary or excessive use of such goods or
				services.
(b) An advertisement
				violates Section
				651 of the Code when it:
(1) Is not exact, and any conditions or other
				variables to an advertised price are not disclosed.
(2) Includes a statement of price comparison
				that is not based upon verifiable data.
(3) Advertises a discount in a false or
				misleading manner, including but not limited to, failing to disclose the dates
				on which the sale or discount price will be in effect if the sale or discount
				price is a limited time offer.
When advertising a specific hearing aid model:
Correct:
50% off Acme Model 12
Regularly $1000, Now $500
Incorrect:
50% off Acme hearing aid
When advertising a category of hearing aids (e.g. all models
				  from one manufacturer, or all BTE models):
Correct:
50% off Manufacturer's Suggested
						  Retail Price
All Acme Hearing Aids
Incorrect:
Acme Hearing Aids--50% Off
Correct:50% off Manufacturer's Suggested
						  Retail Price, All Hearing Aids Offer good January 1-7, 1998 (or Offer expires
						  January 7, 1998)
Incorrect:
50% off Manufacturer's Suggested
						  Retail Price, All Hearing Aids
(4)
				Utilizes a business name that is so broad as to connote comprehensive and
				diagnostic hearing services, unless the dispenser is also licensed as a
				physician or audiologist.
Correct:
Delta Hearing Aid Center
Incorrect:
Delta Hearing Center
(5)
				Advertises hearing tests without qualification as to the nature of the hearing
				testing that may be performed by a hearing aid dispenser.
Correct:
Test to determine if you could be
						  helped by a hearing aid
Incorrect:
Hearing test
(6)
				Includes sending to a consumer preset appointment information or "rebate
				coupons" that resemble checks as part of a direct mail solicitation.
(7) Includes an educational degree but does
				not list the degree and field, or includes the title "Dr." where the degree is
				a non-medical doctorate and the advertisement does not disclose that fact.
Correct:
John Doe, Ph.D. in
						  Audiology
Jane Doe, M.A. in Audiology
John Doe, Ph.D. (Audiology)
Jack Doe,
						  B.A. (Audiology)
Incorrect:
Dr. John Doe
Jane Doe,
						  M.A.
Dr. John Doe (Audiology)
Jack Doe,
						  B.A.
(8)
				Includes abbreviations for job titles or job certifications as letters after a
				name where those letters do not represent an academic degree or
				credential.
(9) Refers to a
				dispenser's certification by a professional organization but either does not
				include the name of the certifying organization or, includes the name written
				in a manner not easily understood by consumers.
Correct:
John Doe, Hearing Aid Dispenser Lic.
						  No. HA-xxxx
NB-HIS, Certified by the National Board of
						  Certification in Hearing Instrument Sciences
Incorrect:
John Doe, NB-HIS
(10)
				Includes the term "specialist" when referencing licensure without including the
				title "hearing aid dispenser."
Correct:
Jane Doe, Hearing Aid Dispenser Lic.
						  No. HA-xxxx
Jack Doe, Licensed Hearing Aid
						  Dispenser
John Doe, Hearing Instrument
						  Specialist
Hearing Aid Dispenser Lic. No. HA-xxxx
Incorrect:
Jane Doe, Hearing Aid Specialist
						  Lic. No. HA-xxxx
Jack Doe, Licensed Hearing Aid
						  Specialist