reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 264 CMR - BOARD OF REGISTRATION OF REAL ESTATE APPRAISERS › Title 264 CMR 13.00 - Appraisal Management Companies › Section 13.05 - Renewal Procedure, National Registry Fee, and Calculation of Appraiser Panel Size

Current through Register 1525, July 5, 2024
(1) All appraisal
			 management company registrations shall expire on the date that is one year
			 after the original registration with the Board and shall be known as the
			 "registration expiration date."
(2)
			 An AMC must renew its Board-issued registration by submitting to the Board a
			 completed renewal form prescribed by the Board with the required renewal fees,
			 including the national AMC registry fee for an AMC, no earlier than 60 days
			 before the registration expiration date.
(3) Each AMC and AMC that operates as a
			 subsidiary of a federally regulated financial institution shall pay to the
			 Board an annual national AMC registry fee calculated as $25 multiplied by the
			 number of appraisers on the AMC's appraiser panel who performed appraisals in
			 connection with a covered transaction in Massachusetts for the 12-month period
			 ending on the registration expiration date.
(4) For purposes of determining whether,
			 within the twelve-month period ending on the registration expiration date, an
			 appraisal management company oversees an appraiser panel of 16 or more
			 state-certified or state-licensed appraisers in one state or 25 or more
			 state-certified or state-licensed appraisers in two or more states under
			 264
			 CMR 13.05, the following rules shall be
			 applied:
a. An appraiser is deemed part of the
			 AMC's appraiser panel if the AMC has engaged the appraiser to perform one or
			 more appraisals on behalf of a creditor for a covered transaction or secondary
			 market participant in connection with covered transactions at any time during
			 the twelve-month period ending on the registration expiration date.
b An appraiser who is deemed part of the
			 AMC's appraiser panel pursuant to
			 264
			 CMR 13.05(4)(a)  is deemed
			 to remain on the panel until the date on which the AMC:
1. Sends written notice to the appraiser
			 removing the appraiser from the appraiser panel, with an explanation of its
			 action; or
2. Receives written
			 notice from the appraiser asking to be removed from the appraiser panel or
			 notice of the death or incapacity of the appraiser.
3. If an appraiser is removed from an AMC's
			 appraiser panel pursuant to
			 264
			 CMR 13.05(4)(b)(ii), but the
			 AMC subsequently accepts the appraiser for consideration for future assignments
			 or engages the appraiser at any time during the 12 months after the AMC's
			 removal, the removal will be deemed not to have occurred, and the appraiser
			 will be deemed to have been part of the AMC's appraiser panel without
			 interruption.
Code of Massachusetts Regulations › 264 CMR - BOARD OF REGISTRATION OF REAL ESTATE APPRAISERS › Title 264 CMR 13.00 - Appraisal Management Companies › Section 13.06 - Duties and Authority of the Board

Current through Register 1525, July 5, 2024
(1) In addition to
			 the powers necessary to implement and enforce these regulations, the Board
			 shall have the authority to:
(a) Discipline,
			 suspend, terminate or deny renewal of the registration of an appraisal
			 management company that violates applicable appraisal-related laws, regulations
			 or orders;
(b) Report an appraisal
			 management company's violation of applicable appraisal-related laws,
			 regulations or orders, as well as disciplinary and enforcement actions and
			 other relevant information about the operations of an appraisal management
			 company, to the Appraisal Subcommittee;
(c) Submit to the Appraisal Subcommittee, in
			 writing, the following information:
1.
			 Information regarding registered appraisal management companies requested by
			 the Appraisal Subcommittee for inclusion in the national AMC
			 registry;
2. Information received
			 from an AMC that operates as a subsidiary of a federally regulated financial
			 institution related to determination of that AMC's annual national AMC registry
			 fee;
3. As soon as practicable,
			 notice that an AMC is no longer registered with the Commonwealth;
4. Timely reports of supervisory activities
			 involving AMCs, including investigations resulting in disciplinary action
			 against an AMC;
5. Within five
			 business days after it becomes final, disciplinary action taken against an AMC;
			 and
6. Remit the annual national
			 AMC registry fee received from each appraisal management company and each AMC
			 that operates as a subsidiary of a federally regulated financial
			 institution.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 3.00 - Procedure for Registration › Section 3.01 - Application and Licensing

Current through Register 1525, July 5, 2024
(1)
Application
.
(a)
			 Application for licensure must be made on forms furnished by the
			 Board.
(b) No application shall be
			 acted upon by the Board unless said application is made on forms furnished by
			 the Board, and unless said application is completely and properly filled out,
			 signed under the penalties of perjury, and accompanied by such information as
			 the Board requires.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 3.00 - Procedure for Registration › Section 3.02 - Procedures for Renewal of a License and Renewal of a Lapsed/Expired License

Current through Register 1525, July 5, 2024
(1)
Requirements for Renewal of a License
.
(a) A registrant must renew his or her
			 license every two years. Each license originally issued to an individual shall
			 be valid until April 1st on the odd year next
			 occurring. Upon renewal, the license will be valid until April
			 1st on the odd year next occurring.
(b) A registrant must submit to the Board a
			 completed renewal application and the required fees prior to the expiration
			 date of the license; and
(c) A
			 registrant must fulfill and document the continuing education requirements and
			 standards of practice and conduct as required in
			 265 CMR
			 3.00.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 3.00 - Procedure for Registration › Section 3.03 - Procedures for Reinstatement of a License Which Has Been Revoked, Suspended, Surrendered or Placed on Probation

Current through Register 1525, July 5, 2024
Procedures for the reinstatement of a license after discipline
				shall be determined by guidelines established by the Board or, in specific
				matters, by consent agreement, decision and order of the
				Board.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 3.00 - Procedure for Registration › Section 3.04 - Board Notification of Change in Name or Address

Current through Register 1525, July 5, 2024
(1)
Official Mailing
			 Address
. The mailing address supplied to the Board by the
			 Registrant will suffice as the legal address for the receiving of official
			 process or notification from the Board. Failure to supply the Board with an
			 official address for the receiving of legal process or other Board
			 notifications may result in default judgment in any adjudicatory proceeding
			 before the Board.
(2)
Change of Address
. The registrant shall notify the
			 Board of any change in his or her name, or address. Such notification shall be
			 in writing and shall be submitted within 30 days of the change in name or
			 address. Such written notification may be submitted by electronic mail to the
			 Board's contact address on the Board's website, or by other electronic means
			 approved by the Board.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 3.00 - Procedure for Registration › Section 3.05 - License Fee

Current through Register 1525, July 5, 2024
Biennial license fees are set by the Secretary of
				Administration and Finance of the Commonwealth of Massachusetts. Fees for those
				applying between renewal dates shall not be prorated.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 4.00 - Apprentice Training and Registration Requirements › Section 4.01 - Application for Apprentice's Certificate

Current through Register 1525, July 5, 2024
(1) Any person 18 years of age or older who
			 holds a high school diploma from an accredited high school or has equivalent
			 proof of high school education may apply in writing for certification as an
			 apprentice. The application shall be made on a form or electronic application
			 prescribed by the Board.
(2) As a
			 condition for applying for an apprentice's certificate, the applicant shall
			 agree in writing to participate in and perform the training, functions and
			 responsibilities prescribed for apprentices in
			 265 CMR 4.00 and agree to
			 uphold standards of ethics and professional conduct.
(3) The applicant's apprenticeship supervisor
			 shall certify the application as prescribed on the application form. The
			 certification shall include a verification of the statements of the apprentice
			 and a statement that the supervisor agrees to participate in the apprenticeship
			 program described in
			 265 CMR 4.00 including the
			 provision of applicable instruction of the formal training requirements of
			 265 CMR
			 4.03 and to perform the functions and duties
			 prescribed in
			 265 CMR
			 4.06.
(4) The applicant's apprenticeship supervisor
			 shall certify in writing that he/she is registered in good standing in the
			 Commonwealth as a hearing instrument specialist or licensed as an audiologist.
			 He or she shall provide the appropriate license number and date of expiration
			 to the Board.
(5) The applicant
			 shall accompany his or her application with the filing fee set by the Secretary
			 of Administration and Finance. The fee shall be paid by personal check or money
			 order.
(6) The Board shall notify
			 an applicant promptly in writing whether or not his/her apprentice application
			 has been approved. The initial written notification may be in electronic form.
			 If the Board approves the application, the Board shall issue to the applicant
			 an apprentice's certificate, and such certificate shall include the name of the
			 applicant's apprenticeship supervisor and the date on which the period of
			 training and experience referred to in M.G.L. c. 112, § 198 shall
			 begin.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 4.00 - Apprentice Training and Registration Requirements › Section 4.02 - Term of Apprenticeship Program, Disputed Terminations

Current through Register 1525, July 5, 2024
(1)
Term
. The term of the apprenticeship program shall be
			 a minimum of one year of full time or the equivalent part-time employment under
			 the rules of supervision as specified in M.G.L. c. 112, § 198 and
			 265 CMR 4.00 and shall include
			 instruction through a training program as set out in
			 265 CMR
			 4.03. Apprentices who work in excess of the
			 normal work day or week shall nevertheless be required to complete the minimum
			 one year term in order to qualify for a certificate of completion of the
			 apprenticeship program. If the minimum one year full-time or equivalent part
			 time employment hours are not completed, the apprentice registration shall
			 expire 18 months after it is granted. An apprentice registration may be
			 reissued once for a period of 18 months at the discretion of the Board for good
			 cause shown. Such one-time reissuance shall be available if either the minimum
			 one year full time or equivalent part time employment has not been completed or
			 has been completed but the examination has not been passed.
(2) The supervisor shall be responsible for
			 providing supervision until either:
(a) the
			 apprentice obtains a certificate of registration as a hearing instrument
			 specialist from the Board; or
(b)
			 the supervisor or apprentice gives written notification to the Board that he or
			 she is terminating supervision and training.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 4.00 - Apprentice Training and Registration Requirements › Section 4.03 - Formal Training Program and Educational Equivalents

Current through Register 1525, July 5, 2024
(1)
Home Study
			 Course
.
(a) During the period of
			 apprenticeship, the apprentice shall complete the course entitled,
Distance Learning for Professionals in Hearing Health
			 Sciences
, also referred to as the International Hearing Society Home
			 Study Course, and shall submit proof of passing the home study course prior to
			 taking the licensure exam.
(b) If
			 the apprentice passes the home study course final examination but fails the
			 Massachusetts licensure exam, he or she will not have to repeat the home study
			 course prior to the next available Massachusetts licensure
			 examination.
(c) The Board may
			 accept home study courses other than the International Hearing Society Course.
			 If the apprentice enrolls in a home study course other than the International
			 Hearing Association Course, he or she must submit in writing to the Board a
			 request to take such home study course. The request must contain a description
			 of the course including a syllabus and grading criteria. If approved, the
			 apprentice will be required to submit proof of passing the home study course
			 prior to taking the licensure exam.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 4.00 - Apprentice Training and Registration Requirements › Section 4.04 - Duties/Work Requirements of Apprentice

Current through Register 1525, July 5, 2024
(1) In entering into apprenticeship program
			 prescribed by
			 265 CMR 4.00, an apprentice
			 shall assume all of the responsibilities described in
			 265 CMR 4.00 and shall follow
			 all of the state and federal laws, rules and regulations governing or related
			 to the dispensing of hearing instruments.
(2) An apprentice shall perform diligently
			 and faithfully the work of dispensing hearing instruments and such duties as
			 are assigned by his or her employer or supervisor.
(3) An apprentice shall perform the functions
			 of a hearing instrument specialist in accordance with Board rules only under
			 the supervision of a licensed hearing instrument specialist or licensed
			 audiologist. Such supervision shall be direct, on site and full time, or the
			 equivalent part time, for a minimum of 30 days after the initial hiring of the
			 apprentice.
(4) It is the
			 responsibility of an apprentice to fulfill the formal training and practicum
			 requirements as set forth in
			 265 CMR
			 4.03 and obtain and submit to the Board all
			 required documentation concerning these requirements.
(5) An apprentice shall treat all customers
			 and coworkers in a professional and courteous manner and shall respect the
			 property of customers, the employer and colleagues and shall abide by the
			 employer's work rules.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 4.00 - Apprentice Training and Registration Requirements › Section 4.05 - Duties and Responsibilities of Apprenticeship Supervisor

Current through Register 1525, July 5, 2024
(1) Every apprentice shall have one
			 designated supervisor who shall carry out all the duties, functions and
			 responsibilities of a supervisor as set forth in
			 265 CMR 4.00. Such supervisor
			 shall sign the application form of the apprentice as set out in
			 265 CMR
			 4.01(3)  certifying his or
			 her agreement to be designated as the apprenticeship supervisor. Such
			 supervisor may or may not be the employer of the apprentice. If the supervisor
			 is not the employer of the apprentice, he or she must be an employee of the
			 apprentice's employer.
(2) In
			 entering into the apprenticeship program described by
			 265 CMR 4.00, a supervisor
			 shall assume all of the responsibilities described in
			 265 CMR 4.00 and shall follow
			 all of the state and federal laws, rules and regulations governing or related
			 to the practice of dispensing hearing instruments and shall treat all
			 customers, coworkers and apprentices in a professional and courteous
			 manner.
(3) A supervisor may
			 supervise only one designated apprentice at any given time.
(4)
Direct
			 Supervision
. For a minimum of 30 days full-time or the equivalent
			 part-time after the initial hiring of the apprentice, the supervisor is
			 responsible for direct, on site supervision of the apprentice. Such direct
			 supervision shall include:
(a) the presence of
			 the supervisor in the office to which the apprentice is assigned all of the
			 time which the apprentice works;
(b) the physical presence of the supervisor
			 in the same work area with the apprentice a minimum of 50% of the time in which
			 the apprentice is providing services;
(c) supervisor approval of the selection of a
			 hearing aid by an apprentice;
(d)
			 actual oversight by the supervisor of all testing and taking of ear mold
			 impressions performed by the apprentice;
(e) written approval by the supervisor of the
			 results of all hearing tests performed by the apprentice; and
(f) countersignature by the supervisor of all
			 sales documents prepared by the apprentice.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 4.00 - Apprentice Training and Registration Requirements › Section 4.06 - Home Visits

Current through Register 1525, July 5, 2024
(1) During the
			 first 60 days of an apprenticeship, no apprentice shall conduct or participate
			 in a home visit to a customer for the purpose of testing or fitting without
			 being accompanied by his or her supervisor or a licensed hearing instrument
			 specialist or audiologist licensed in Massachusetts and designated by the
			 supervisor. Such licensee designated by a supervisor shall act as the
			 apprentice's supervisor for purposes of the home visit and is responsible for
			 following all state and federal laws and rules and regulations governing or
			 related to the practice of dispensing hearing instruments. A supervisor is
			 responsible for the conduct of the apprentice on all unsupervised visits during
			 the entire length of the apprenticeship.
(2) While on a home visit, the apprentice and
			 supervisor shall abide by all state and federal laws and rules and regulations
			 governing or related to the practice of dispensing hearing instruments
			 including
			 265 CMR
			 7.04:
Conduct for Home Visits
specifically governing professional conduct for home visits.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 5.00 - Continuing Education › Section 5.01 - Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) Licensed hearings instrument specialists
			 are required, as a condition of license renewal, to complete a minimum of 20
			 contact hours of continuing education activities per continuing education
			 period. (For lapsed, expired, suspended, revoked or surrendered licenses,
see
265
			 CMR 3.02:
Procedures for Renewal of a
			 License and Renewal of a Lapsed/Expired License
and 3.03:
Procedures for Reinstatement of a License which has been Revoked,
			 Suspended, Surrendered or Placed on Probation
). A minimum of ten of
			 the total required 20 hours must be obtained through Board-recognized
			 continuing education programs. The remaining ten hours may be obtained through
			 Board approved continuing education activities as set forth in 265 CMR
			 5.01(2)
(2)
Board-approved Continuing Education Activities
.
(a) Published books, chapters of published
			 books and/or articles in refereed journals related to the science or practice
			 of the dispensing of hearing instruments or the science of hearing aids,
			 authored by the licensee, may be submitted for not more than ten of the total
			 20 contact hours of continuing education activities required per continuing
			 education period. A maximum of three hours may be credited per book chapter or
			 article.
(b) Instructors of
			 courses, workshops, or seminars may be credited one contact hour for each
			 continuing education hour of the activity taught by the instructor, up to a
			 maximum of ten of the required 20 hours of continuing education activity
			 required per continuing education period.
(c) Any one academic course related to the
			 contemporary practice of dispensing hearing instruments or the science of
			 hearing aids may be submitted for not more than ten of the 20 required hours of
			 continuing education activity required per continuing education
			 period.
(d) Independent studies
			 related to the science or practice of the dispensing of hearing instruments or
			 the science of hearing aids approved by the Massachusetts Commission for the
			 Deaf and Hard of Hearing, the Massachusetts Hearing Society or the
			 Massachusetts Speech, Language and Hearing Association may be submitted for not
			 more than ten of the 20 required hours of continuing education activity
			 required per continuing education period.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 5.00 - Continuing Education › Section 5.02 - Verification/Approval of Registrant's Continuing Education Activities

Current through Register 1525, July 5, 2024
(1) At the time of
			 license renewal, each registrant is required to submit to the Board a signed
			 statement on a form provided by the Board attesting under the pains and penalty
			 of perjury to satisfaction of the continuing education requirements.
(2) For each continuing education contact
			 hour earned by participation in a continuing education program, a registrant
			 must be able to provide documentation of the following:
(a) the title of the program or
			 course;
(b) the number of hours
			 spent in the program or course;
(c)
			 the name of the Board-recognized entity or the academic institution that
			 sponsored the program or course; and
(d) the date(s) and location that the program
			 or course was given.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 5.00 - Continuing Education › Section 5.03 - Verification/Approval of Provider Continuing Education Programs and Activities

Current through Register 1525, July 5, 2024
(1) For a program
			 to be eligible for approval for continuing education hours, the course content
			 shall directly relate to the practice of fitting and dispensing hearing aids
			 and the educational objectives shall exceed a basic level of knowledge as it
			 relates to fitting and dispensing hearing aids. The course work shall include
			 the following subjects:
(a) procedures in the
			 selection and fitting of hearing aids;
(b) pre and post fitting management of
			 clients;
(c) instrument circuitry
			 and acoustic performance data;
(d)
			 ear mold design and modification contributing to improved client
			 performance;
(e) audiometric
			 equipment or testing techniques which demonstrate an improved ability to
			 identify and evaluate hearing loss;
(f) auditory rehabilitation;
(g) ethics;
(h) federal and state statutes, regulations
			 and rules;
(i) assistive listening
			 devices; and
(j) business-related
			 courses (maximum four credits in this subject per continuing education
			 period).
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 5.00 - Continuing Education › Section 5.04 - Waivers of Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) The Board may waive the continuing
			 education requirement for any registrant who, for reasons of health,
			 disability, out of state military service, or undue hardship, cannot meet the
			 requirements.
(2) An application
			 for a waiver shall be submitted to the Board in writing, and may be submitted
			 electronically.
(3) Waivers of
			 continuing education requirements shall be effective for no more than one
			 license renewal period.
(4) After
			 expiration of a waiver, a registrant may apply for up to two more consecutive
			 waivers.
(5) If a temporary waiver
			 is granted, the registrant shall comply with all continuing education
			 requirements for all subsequent renewal periods, after such time that the
			 waiver expires unless a subsequent waiver is granted.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 5.00 - Continuing Education › Section 5.05 - Appeals on Continuing Education Matters

Current through Register 1525, July 5, 2024
Any individual who wishes to appeal the decision of the Board
				regarding continuing education matters must submit a letter of appeal to the
				Board within 21 days of the receipt of the Board's decision. The applicant must
				supply the Board with any requested additional data and may be asked to appear
				before the Board. The Board reserves the right, upon request of registrant, to
				allow the applicant to practice dispensing hearing instruments during the
				Board's appeals process.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.01 - Minimal Procedures and Equipment

Current through Register 1525, July 5, 2024
(1) The following minimum procedures shall be
			 used in the fitting and selling of hearing instruments:
(a) pure tone audiometric testing by air and
			 bone conduction pathways through a calibrated system in the appropriate
			 environment to determine the type and degree of hearing deficiency;
(b) effective masking when
			 indicated;
(c) appropriate testing
			 using a calibrated system or other acceptable verification technique in the
			 appropriate environment to determine client's hearing ability, as measured by
			 the percentage words the client is able to repeat correctly, the client's
			 ability to discriminate speech, the client's most comfortable and uncomfortable
			 loudness levels in decibels, and the best fitting arrangement for maximum
			 hearing aid benefit;
(d) otoscopic
			 inspection of the outer ear;
(e) a
			 pertinent case history; and
(f) a
			 final fitting ensuring physical and operational comfort of the hearing
			 aid.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.02 - Certification of Test Equipment

Current through Register 1525, July 5, 2024
(1)
			 Each audiometric test conducted by a registrant or apprentice in the fitting or
			 selling of hearing aids must be conducted on equipment that has been calibrated
			 on at least an annual basis.
(2) It
			 is the responsibility of a registrant to maintain records proving that all test
			 equipment is properly calibrated on at least an annual basis.
(3) Upon request, a registrant shall furnish
			 to Division or Board copies of documentation certifying proper calibration of
			 test equipment used.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.03 - Medical Evaluation Requirements/Clients Younger than 18 Years Old

Current through Register 1525, July 5, 2024
(1)
Medical Evaluation Requirements
.
(a)
General
. Except
			 as provided in 265 CMR 6.03(1)(b), a hearing aid dispenser shall not sell a
			 hearing aid unless the prospective user has presented to the hearing aid
			 dispenser a written statement signed by a licensed physician that states that
			 the patient's hearing loss has been medically evaluated and the patient may be
			 considered a candidate for a hearing aid. The medical evaluation must have
			 taken place within the preceding six months.
(b)
Waiver to the Medical
			 Evaluation Requirements
. If the prospective hearing aid user is 18
			 years of age or older, the hearing aid dispenser may afford the prospective
			 user an opportunity to waive the medical evaluation requirement of 265 CMR
			 6.03(1) provided that the hearing aid dispenser:
1. Informs the prospective user that the
			 exercise of the waiver is not in the user's best health interest;
2. Does not in any way actively encourage the
			 prospective user to waive such a medical evaluation; and
3. Affords the prospective user the
			 opportunity to sign the following statement: "I have been advised by --------
			 -------- (Hearing aid dispenser's name) that the Food and Drug Administration
			 has determined that my best health interest would be served if I had a medical
			 evaluation by a licensed physician (preferably a physician who specializes in
			 diseases of the ear) before purchasing a hearing aid. I do not wish a medical
			 evaluation before purchasing a hearing aid."
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.04 - Cancellation of Sale

Current through Register 1525, July 5, 2024
(1)
30-day Trial Period
.
(a) In addition to any other rights and
			 remedies a purchaser of a hearing instrument in Massachusetts is afforded, such
			 purchaser shall have a 30-day trial period after date of receipt of the hearing
			 instrument during which time such purchaser shall be entitled to a limited
			 money back guarantee.
(b) During
			 the 30-day period after receiving the hearing instrument, the purchaser shall
			 be able to cancel the purchase by returning the hearing instrument or sending
			 to the seller by certified mail a written notice of cancellation. If written
			 notice is sent, the purchaser must return the hearing instrument to the seller
			 within ten days of the written notice being sent in order for the money back
			 guarantee to apply.
(c) If the
			 hearing instrument must be repaired, remade, or adjusted during the 30-day
			 trial period, the running of the 30-day trial period is suspended one day for
			 each 24-hour period that the hearing aid is not in the purchaser's possession.
			 For purposes of the computation of the trial period, a repaired, remade or
			 adjusted hearing aid must be reclaimed by the purchaser within three working
			 days after notification of availability. The running of the 30-day trial period
			 resumes on the day the purchaser reclaims the repaired, remade or adjusted
			 hearing aid or on the fourth day after availability.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.05 - Bill of Sale Requirements

Current through Register 1525, July 5, 2024
(1) A registrant shall provide to each person
			 to whom he or she sells or leases a hearing instrument a bill of sale that
			 shall at a minimum contain the following information:
(a) the registrant's hearing instrument
			 specialist license number;
(b) the
			 name of the registrant or the registrant's current business name as listed with
			 the Secretary of the Commonwealth;
(c) the current business telephone number and
			 address of the registrant;
(d) the
			 brand, model, manufacturer or manufacturer's identification code, and serial
			 number of the hearing instrument furnished at point of delivery;
(e) an itemization of the total purchase
			 price including, but not limited to the cost of the hearing instrument, ear
			 mold, batteries and other accessories, and any services provided,
(f) a statement notifying the purchaser of
			 the limited money back guarantees as set forth in
			 265 CMR 6.04
			 and a clear and precise statement of any guarantee or trial period;
(g) the name, address and signature of the
			 purchaser;
(h) the date of
			 consummation of the sale;
(i) a
			 statement whether the hearing aid is new, used or reconditioned; and
(j) the waiver required by the provisions of
			 M.G.L. c. 93, § 74.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.06 - Delivery of Hearing Instruments by Mail

Current through Register 1525, July 5, 2024
No hearing instrument shall be delivered to a consumer in
				Massachusetts through the mail unless all provisions of
				265
				CMR 6.03 are met.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.07 - Updated Licensure Information/Notification of Employment

Current through Register 1525, July 5, 2024
Personal Information
. It is the
				responsibility of every individual registrant to notify the Board of any errors
				or changes in personal information displayed on his or her certificate of
				licensure or maintained on record by the Board including, but not limited to,
				name and address. Any change of information must be sent to the Board in
				writing within 30 days of such change.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.08 - Facility and Record Inspection Requirements

Current through Register 1525, July 5, 2024
(1)
Display of
			 License
. Each licensed hearing instrument specialist shall
			 conspicuously display a current and accurate certificate of Board license in
			 his or her place of business. Original and duplicate certificates shall be
			 issued by the Board for a reasonable fee to a registrant operating or working
			 in more than one location. Upon request, the registrant shall present his or
			 her license to a customer when dispensing hearing instruments outside of his or
			 her place of business.
(2)
Record Keeping Requirement
.
(a) Each registrant shall keep records of all
			 services rendered and of all equipment testing and maintenance for a minimum of
			 four years. These records shall contain the names and addresses of all persons
			 to whom services were rendered; the date the hearing instrument warranty
			 expires; a description of the services and the dates the services were
			 provided; and copies of any contracts, bills of sale and receipts.
(b) All records as required by 265 CMR
			 6.08(2) shall be owned by the establishment or facility and shall remain with
			 the establishment or facility in the event the registrant changes employment.
			 If a contract between the establishment or facility and a registrant provides
			 that the records are to remain with the registrant, copies of such records
			 shall be provided to the establishment or facility.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 6.00 - Standards of Practice › Section 6.09 - Label and Labeling Requirements/Requirements Regarding the User Instructional Brochure

Current through Register 1525, July 5, 2024
(1)
Label Requirements for Hearing Aids
. Hearing aids
			 shall be clearly and permanently marked with:
(a) The name of the manufacturer or
			 distributor, the model name or number, the serial number, and the year of
			 manufacture.
(b) A "+" symbol to
			 indicate the positive connection for battery insertion, unless it is physically
			 impossible to insert the battery in the reversed position.
Labeling information required by 265 CMR 6.09 shall be included
				in a
User Instructional Brochure
that shall be developed by
				the manufacturer or distributor, shall accompany the hearing aid, and shall be
				provided to the prospective user by the dispenser of the hearing aid in
				accordance with 265 CMR 6.09(2) and (3).
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 7.00 - Professional Competence and Conduct › Section 7.01 - Grounds for Imposition of Disciplinary Sanctions

Current through Register 1525, July 5, 2024
(1) Any one or combination of specified
			 conduct set forth in M.G.L c. 112, § 199 is considered unprofessional and
			 improper conduct subject to Board hearing and discipline as set forth in M.G.L.
			 c. 112, § 200.
(2) Any
			 violation of or failure to comply with any of the laws of the Commonwealth
			 relating to the practice of dispensing hearing instruments or a violation of or
			 failure to comply with a rule or regulation adopted thereunder is considered
			 unprofessional and improper conduct subject to Board hearing and discipline as
			 set forth in M.G.L. c. 112, § 200.
(3) If a current licensee is convicted of or
			 admits to sufficient facts or pleads nolo contendre to a crime in any
			 jurisdiction, whether felony or misdemeanor, in the Commonwealth or outside of
			 the Commonwealth, regardless of adjudication or sentence, which directly
			 relates to dispensing hearing instruments or the ability to safely and
			 effectively practice dispensing hearing instruments, including, but not limited
			 to violations of any federal laws or regulations regarding hearing instruments,
			 the conduct of that licensee is considered unprofessional and improper conduct
			 subject to Board hearing and discipline as set forth in M.G.L. c. 112, §
			 200.
(4) The definition of "gross
			 incompetence" contained in M.G.L. c. 112, § 199(5) shall include, but not
			 be limited to, failure of the registrant to advise a prospective hearing
			 instrument user prior to fitting and dispensing a hearing instrument that the
			 user should first consult a licensed physician specializing in diseases of the
			 ear whenever any serious conditions are found or should have been found to
			 exist, either as a result of observations of the registrant or from information
			 furnished by such prospective hearing instrument user, including, but not
			 limited to, the following conditions:
(a)
			 visible congenital or traumatic deformity of the ear, including perforation of
			 the eardrum;
(b) a history of, or
			 active drainage from the ear within the previous 90 days;
(c) a history of sudden or rapidly
			 progressive hearing loss within the previous 90 days;
(d) acute or chronic dizziness;
(e) any unilateral hearing loss;
(f) significant air-bone gap when generally
			 acceptable standards have been established as defined by the Food and Drug
			 Administration (FDA);
(g) visible
			 evidence of significant cerumen accumulation or a foreign body in the ear
			 canal; or
(h) pain or discomfort in
			 the ear.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 7.00 - Professional Competence and Conduct › Section 7.02 - Prohibition Against Deceptive Advertising and Fee Setting Practices

Current through Register 1525, July 5, 2024
(1)
Deceptive Advertising
. The following advertising
			 practices are considered fraudulent, false, deceptive or misleading and are
			 prohibited:
(a) advertising which contains a
			 misrepresentation of facts or false statements regarding the registrant's
			 professional achievements, degrees, trained skills, and qualifications in the
			 hearing instrument profession;
(b)
			 advertising the content or the context of which makes only a partial disclosure
			 of relevant facts, such as advertising which advertises a discounted price
			 without identifying the specific product or service to which the discounted
			 price applies and without specifying the usual price for the product or
			 services identified,
(c)
			 advertising or permitting to be advertised the price of a
			 specifically-identified hearing instrument if more than one hearing instrument
			 appears in the same advertisement without an accompanying price;
(d) advertising which contains a
			 representation that a product innovation is new, when in fact the product was
			 first introduced by that manufacturer to the general public in the Commonwealth
			 more than 12 months ago;
(e)
			 advertising which contains a representation that a continuing education or
			 training program is approved by the Board, if the content of the program
			 departs from the content approved by the Board or is not in fact
			 approved;
(f) advertising which
			 contains any representation, statement or claim which the Board determines is
			 misleading or deceptive to the public.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 7.00 - Professional Competence and Conduct › Section 7.03 - Ethical Standards and Professional Conduct

Current through Register 1525, July 5, 2024
(1)
Requirement to Respond to
			 Board
.
(a) A registrant shall
			 respond to a written communication from the Board or its designee and shall
			 make available to the Board any relevant and authorized records with respect to
			 an inquiry or complaint about the registrant's professional conduct.
(b) A registrant shall cooperate with any
			 reasonable request from a Division agent or employee acting on behalf of the
			 Board while investigating a complaint or allegation regarding the registrant's
			 professional conduct as a hearing instrument specialist.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 7.00 - Professional Competence and Conduct › Section 7.04 - Conduct of Home Visits

Current through Register 1525, July 5, 2024
(1)
Limited Authorization
. A registrant is authorized to
			 provide hearing instrument dispensing services to a client in such client's
			 residence only if the following limited circumstances are present:
(a) the client requests such home visit for
			 services;
(b) the registrant fully
			 discloses to the customer that any services provided at a residence may be
			 without the benefit of certain test equipment available at the registrant's
			 place of business;
(c) the home
			 visit is prearranged and scheduled for an agreed upon date and time.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 8.00 - Complaint Process › Section 8.01 - Initiation

Current through Register 1525, July 5, 2024
Any person, organization, agent or employee of the Division, or
				member of the Board may file a complaint or provide information to the Board
				which alleges misconduct by a registrant. The Board's complaint form shall
				request the name, address, and telephone number of the party filing the
				complaint and a detailed description of the alleged act(s) which prompted the
				complaint and must be signed by the complainant or an authorized
				representative. The Board, at its discretion may investigate anonymous
				complaints.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 8.00 - Complaint Process › Section 8.02 - Inquiry and Investigation

Current through Register 1525, July 5, 2024
After receipt and review of a written complaint, the Board
				shall conduct or cause to be conducted any reasonable inquiry or investigation
				it deems necessary to determine the truth and validity of the allegations set
				forth in such complaint. If the Board or an authorized agent of the Board
				determines that the complaint is lacking in merit, it may close the
				complaint.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 8.00 - Complaint Process › Section 8.03 - Request for Response and Response

Current through Register 1525, July 5, 2024
If the Board or its duly authorized agent determines that a
				complaint has merit, the Board or its duly authorized agent may request that
				the registrant who is the subject of the complaint provide a response to the
				complaint. A registrant may respond to a request for response either personally
				or through an attorney. A response must address the substantive allegations set
				forth in the complaint or request for response and be provided in writing and
				in a timely manner in accordance with such request.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 8.00 - Complaint Process › Section 8.04 - Informal Conference

Current through Register 1525, July 5, 2024
To facilitate disposition, the Board or its duly authorized
				agent may request any person to attend an investigative conference to discuss
				the complaint and response at any time prior to the commencement of a formal
				hearing conducted pursuant to M.G.L. c. 30A.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 8.00 - Complaint Process › Section 8.05 - Disposition of Complaints

Current through Register 1525, July 5, 2024
At any point during the course of an investigation or inquiry
				into a complaint, the Board or its duly authorized agent may determine that
				there is not and will not be sufficient evidence to warrant further proceedings
				or that the complaint fails to allege misconduct for which a licensee may be
				sanctioned by the Board. In such event, the Board may dismiss or close its
				investigation of the complaint, and otherwise communicate with the registrant
				and/or the complainant as deemed appropriate by the Board.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 8.00 - Complaint Process › Section 8.06 - Board Action Required

Current through Register 1525, July 5, 2024
If a registrant fails to respond as requested by the Board or
				its duly authorized agent, or, after receipt of a response or at any point in
				the course of investigation or inquiry into a complaint, the Board or its duly
				authorized agent determines that there is reason to believe that the alleged
				acts occurred and constitute a violation for which a registrant may be
				sanctioned by the Board, the duly authorized agent or the Board may issue an
				order to show cause or offer to resolve the complaint by consent agreement or
				otherwise informally resolve the matter.