Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part III - Prevention of Diseases › Chapter 25 - CONTROLLED SUBSTANCES, DRUGS, DEVICES AND COSMETICS › Subchapter B - HEARING AID SALES AND REGISTRATION › Section 25.202 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings, unless the context clearly indicates
					 otherwise:
Act
-The Hearing Aid Sales Registration Law
					 (35
					 P. S. §§
											6700-101-6700-802).
Advertise and any of its variants
-The use
					 of a newspaper, magazine or other publication, book, notice, circular,
					 pamphlet, letter, handbill, poster, sign, placard, label, tag, window display,
					 store sign, radio, television announcement, Internet, or other means or methods
					 employed to bring to the attention of the public the practice of selling or
					 fitting hearing aids.
Audiologist
-A person who holds a current
					 license as an audiologist issued by the State Board of Examiners in
					 Speech-Language and Hearing, or a person who is permitted to practice audiology
					 pursuant to an exemption to the audiologist licensure requirement under section
					 6(b) of the Speech-Language and Hearing Licensure Act (63 P. S. §
											1706(b)).
Authorized representative
-A person who is
					 authorized by law to make a decision, required pursuant to this subchapter, for
					 a hearing aid user or prospective hearing aid user.
Business of selling hearing aids
-
(i) Selling, leasing or offering for sale or
				  lease new, used or reconditioned hearing aids exclusive of parts, attachments
				  or accessories, at retail, either as exact replacements for damaged or worn out
				  units or written specifications provided by an audiologist, otologist or
				  otolaryngologist.
(ii) The term
				  does not include fitting or the practice of fitting and selling hearing
				  aids.
Continuing education program
-A program
					 approved by the Department for credit towards the continuing education
					 requirements for the renewal of the registration certificate of a hearing aid
					 fitter.
Conviction
-A plea or verdict of guilty, or
					 a conviction following a plea of nolo contendere to a charge of a crime
					 involving moral turpitude.
Department
-The Department of Health of the
					 Commonwealth.
Fitting
-Includes the physical acts of
					 adjusting the hearing aid to the individual, taking audiograms, making ear
					 molds, advising the individual with respect to hearing aids, making audiogram
					 interpretations and assisting in the selection of a suitable hearing aid to
					 sell a hearing aid.
Hearing aid
-A wearable instrument or
					 device designed or offered to aid or compensate for impaired human hearing
					 together with any parts, attachments or accessories for those instruments or
					 devices, including ear molds but excluding batteries and cords.
Hearing aid dealer
-A person engaged in the
					 business of selling hearing aids.
Hearing aid fitter
-An individual engaged
					 in the practice of fitting and selling hearing aids.
Hearing aid user
-An individual who uses a
					 hearing aid.
Practice of fitting and selling hearing
					 aids
-Those practices used solely for making selections, adaptations
					 and sales of hearing aids.
Prospective hearing aid user
-An individual
					 who is considering buying a hearing aid or whose hearing is being evaluated by
					 a registrant.
Purchaser
-An individual who has agreed to
					 purchase a hearing aid from a registrant.
Registrant
-A hearing aid dealer or fitter
					 holding a current certificate of registration.
Secretary
-The Secretary of Health of the
					 Commonwealth.
Sponsor
-An individual registered in this
					 Commonwealth as a hearing aid fitter who agrees to supervise an apprentice
					 hearing aid fitter.
Used hearing aid
-
(i) A hearing aid that has been worn for any
				  period of time by a user.
(ii) A
				  hearing aid is not a used hearing aid if it has been worn only by a prospective
				  user as part of a bona fide hearing aid evaluation conducted in the presence of
				  the registrant or an individual selected by the registrant and authorized by
				  law to assist the prospective user in making such an
				  evaluation.