West Virginia Code of State Rules › Agency 8 - Hearing Aid Dealers › Title 8 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF HEARING AID DEALERS › Series 8-01 - Rule Governing The West Virginia Board Of Hearing Aid Dealers › Section 8-1-7 - Matters to be ascertained by licensee prior to the sale or fitting of hearing aids

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Every licensee engaged in the
				practice of dealing in or fitting of hearing aids shall, prior to the
				sale or fitting of a hearing aid to a prospective customer, make the
				following disclosure, in writing, to the prospective customer: " The
				purchaser has been advised at the outset of his relationship with the
				hearing aid dealer that any examination or representation made by a
				licensed hearing aid dealer in connection with the practice of
				fitting this hearing aid is not an examination, diagnosis, or
				prescription by a person licensed to practice medicine in this state
				and therefore must not be regarded as medical opinion."
7.2. Every licensee engaged in the
				practice of dealing in or fitting of hearing aids shall, prior to the
				sale or the fitting of a hearing aid intended to be worn or used by
				any person under eighteen (18) years of age, first ascertain whether
				such person has within the next preceding six months been examined
				for the defective or impaired hearing condition sought to be relieved
				by an otolaryngologist or other duly licensed physician.
7.3. If such person under the age
				of eighteen has been so examined, the licensee shall, prior to the
				sale or fitting of such hearing aid, obtain from such
				otolaryngologist or physician written authority to fit a hearing aid.
7.4. If such person
				under the age of eighteen has not been examined by an
				otolaryngologist or physician, the licensee shall not proceed with
				the sale or fitting of a hearing aid until after such person has been
				so examined.
7.5. If the
				prospective user of a hearing aid is eighteen years of age or older,
				prior to the sale or fitting of a hearing aid to the prospective
				customer, the hearing aid dispenser may afford the prospective user
				an opportunity to waive the medical evaluation requirement provided
				that the hearing aid dispenser:
7.5.a. Informs the prospective user
				that the exercise of the waiver is not in the user's best health
				interests;
7.5.b. Does
				not in any way actively encourage the prospective user to waive such
				a medical evaluation;
7.5.c. Affords the prospective user
				the opportunity to sign the following statement, prior to the sale or
				fitting of a hearing aid: "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 one who
				specializes in diseases of the ear, before purchasing a hearing aid.
				I do not wish a medical evaluation before purchasing a hearing
				aid."
7.5.d. Prior to the
				sale of a hearing aid, every licensee shall determine that the
				prospective purchaser's best interest would be served by consulting
				an otolaryngologist or other physician specializing in disease of the
				ear, or any other physician duly licensed to practice medicine in
				this state, if any of the following conditions are found upon
				examination of such person:
7.5.d.1. Visible congenital or
				traumatic deformity of the ear;
7.5.d.2. History of active ear
				discharge within the previous ninety (90) days;
7.5.d.3. History of sudden or
				rapidly progressive hearing loss within the previous ninety days;
7.5.d.4. Acute of
				chronic dizziness;
7.5.d.5. Unilateral hearing loss of
				sudden or recent onset within the previous ninety days; or
7.5.d.6. Significant air-bone gap.