Bill Text: OH HB109 | 2013-2014 | 130th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To specify individuals who are permitted to recommend and fit hearing aids and to prohibit specified sales of hearing aids via mail.

Spectrum: Bipartisan Bill

Status: (Passed) 2014-12-19 - Governor' Action [HB109 Detail]

Download: Ohio-2013-HB109-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 109

Representative Damschroder 

Cosponsors: Representatives Adams, R., Ruhl, Stinziano, Brenner, Gonzales, Buchy, Maag 

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A BILL

To amend sections 1345.30 and 1345.99 of the Revised

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Code to specify individuals who are permitted to

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recommend and fit hearing aids and to prohibit

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specified sales of hearing aids via mail.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1345.30 and 1345.99 of the Revised	5
Code be amended to read as follows:	6

Sec. 1345.30.  (A) As used in this section and in section	7
1345.31 of the Revised Code:	8

(1) "Consumer" means a person who engages in a consumer	9
transaction with a hearing aid dealer, hearing aid fitter,	10
physician, or audiologist.	11

(2) "Consumer transaction" means a sale, lease, assignment,	12
award by chance, or other transfer of a hearing aid.	13

(3) "Hearing aid" has the same meaning as in section 4747.01	14
of the Revised Code.	15

(4) "Regular place of business" means a location at which an	16
individual holds the individual's self out to be physically	17
available to the consumer.	18

(B) The following individuals are permitted to recommend or	19
fit a hearing aid:	20

(1) A hearing aid dealer or hearing aid fitter licensed under	21
Chapter 4747. of the Revised Code;	22

(2) A physician authorized under Chapter 4731. of the Revised	23
Code to practice medicine and surgery or osteopathic medicine and	24
surgery;	25

(3) An audiologist licensed under Chapter 4753. of the	26
Revised Code.	27

(C) Individuals permitted to recommend or fit a hearing aid	28
pursuant to division (B) of this section shall have a regular	29
place of business located within this state to be eligible to sell	30
and distribute hearing aids.	31

(D) No individual permitted to recommend or fit a hearing aid	32
pursuant to division (B) of this section shall sell or distribute	33
a hearing aid through the mail to the ultimate consumer without a	34
prior in-person evaluation between the consumer and the	35
individual. No other individual shall sell or distribute a hearing	36
aid through the mail to the ultimate consumer at any time. Nothing	37
in this section shall be construed to prohibit the distribution of	38
a repaired hearing aid to its owner via mail upon completion of	39
the repairs.	40

(E) A hearing aid dealer or hearing aid fitter licensed under	41
Chapter 4747. of the Revised Code, a physician authorized under	42
Chapter 4731. of the Revised Code to practice medicine and surgery	43
or osteopathic medicine and surgery, or an audiologist licensed	44
under Chapter 4753. of the Revised Code who enters into a consumer	45
transaction with a consumer shall provide a refund to the consumer	46
if the hearing aid is returned to the dealer, fitter, physician,	47
or audiologist not later than thirty days after its original	48
delivery. The refund shall be provided regardless of the reason	49
for the hearing aid's return and regardless of whether the hearing	50
aid is new, refabricated, or used. The thirty-day period for	51
return of the hearing aid does not include any period during which	52
the dealer, fitter, physician, or audiologist has possession or	53
control of the hearing aid after its original delivery to the	54
consumer or a person acting on the consumer's behalf.	55

A dealer, fitter, physician, or audiologist shall make	56
original delivery of a hearing aid to a consumer or person acting	57
on the consumer's behalf either by delivery in person or by	58
certified mail, return receipt requested. The date of in-person	59
delivery or the date shown on the certified mail return receipt is	60
the hearing aid's original delivery for purposes of this division.	61

Not later than fifteen days after presentation by the	62
consumer to the dealer, fitter, physician, or audiologist of proof	63
of payment of the agreed-upon consideration for the hearing aid	64
and return of the hearing aid in the condition in which it was	65
received, except for normal wear and tear, the dealer, fitter,	66
physician, or audiologist shall give the consumer a full refund of	67
the consideration paid for the hearing aid, less the amount	68
specified by the dealer, fitter, physician, or audiologist in the	69
receipt required by division (C)(F) of this section to cover	70
expenses incurred in connection with the hearing aid.	71

If the hearing aid is returned in a damaged condition that is	72
beyond normal wear and tear, the dealer, fitter, physician, or	73
audiologist, not later than fifteen days after presentation of	74
proof of payment and return of the hearing aid, shall give the	75
consumer a full refund of the consideration paid for the hearing	76
aid, less an amount equal to the cost of repairing the damage to	77
the hearing aid and the amount the dealer, fitter, physician, or	78
audiologist could withhold under this division had the hearing aid	79
been returned in the condition that it was received, except for	80
normal wear and tear.	81

(C)(F) When a hearing aid dealer, hearing aid fitter,	82
physician, or audiologist enters into a consumer transaction with	83
a consumer, the dealer, fitter, physician, or audiologist shall	84
notify the consumer of the provisions of division (B)(E) of this	85
section and provide the consumer a receipt for the hearing aid	86
that includes the following statement typed in boldface type of	87
the minimum size of ten points:	88

"RIGHT TO RETURN THE HEARING AID	89

WITHIN 30 DAYS AND RECEIVE A REFUND	90

Under Ohio law (O.R.C. 1345.30), a consumer has the right to	91
return a hearing aid for any reason within 30 days after it is	92
originally delivered to the consumer or a person acting on the	93
consumer's behalf and to receive a refund of the consideration	94
paid for the hearing aid less an amount specified by the hearing	95
aid dealer, hearing aid fitter, physician, or audiologist to cover	96
expenses incurred in connection with the hearing aid not later	97
than 15 days after presenting proof of payment for the hearing aid	98
and returning it in the condition in which it was received, except	99
for normal wear and tear. In this case the amount deducted from	100
the refund will be $........"	101

A hearing aid dealer or fitter shall include the statement in	102
the receipt required by section 4747.09 of the Revised Code.	103

Sec. 1345.99.  (A) Whoever violates section 1345.23 or	104
1345.24 of the Revised Code is guilty of a minor misdemeanor.	105

(B) Whoever violates division (D) of section 1345.30 or	106
division (D) of section 1345.76 of the Revised Code shall be fined	107
not more than one thousand dollars.	108

(C) Whoever knowingly violates division (E) of section	109
1345.02 or knowingly violates section 1345.18 of the Revised Code	110
is guilty of a misdemeanor of the third degree for a first offense	111
and a misdemeanor of the second degree for any subsequent offense.	112

Section 2. That existing sections 1345.30 and 1345.99 of the	113
Revised Code are hereby repealed.	114