SPECIALISTS IN HEARING INSTRUMENTS

KRS tit. XXVI, ch. 334

in effect

KRS 334.010 Definitions for chapter

334.010. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Apprentice" means any applicant in training to become a licensed specialist in hearing instruments; (2) "Apprentice permit" means a permit issued while the applicant is in training to become a licensed specialist in hearing instruments; (3) "Board" means the Kentucky Licensing Board for Specialists in Hearing Instruments; (4) "Client" means the user or purchaser of the hearing instrument; (5) "License" means a license issued by the board under this chapter to specialists in hearing instruments; (6) "Over-the-counter hearing aid" means air conduction hearing aids that satisfy the requirements in the Over-the-Counter Hearing Aid Controls, 21 C.F.R. sec. 800.30(c) to (f), and are considered available over the counter pursuant to 21 U.S.C. sec. 360j(q)(1)(A)(v), but do not satisfy the regulatory requirements for prescription hearing aids; (7) "Practice of fitting hearing instruments" means the measurement of human hearing by means of an audiometer for the purpose of making selections, adaptions, and adjustments of hearing instruments, including both over-the-counter hearing aids and prescription hearing aids. The practice of fitting hearing instruments also includes the making of ear mold impressions and custom earmolds and ordering the use of hearing instruments; (8) "Practice of selling and fitting hearing instruments" means selling, ordering the use of, and fitting prescription hearing aids and over-the-counter hearing aids, including the measurement of human hearing by means of an audiometer for the purpose of making selections, adaptions, and adjustments of hearing instruments. The practice of selling and fitting hearing instruments also includes the making of ear mold impressions and custom earmolds and ordering the use of hearing instruments; (9) "Prescription hearing aid" means a Class 1 or Class 2 device as defined in the federal Food, Drug and Cosmetic Act, 21 U.S.C. sec. 321(h), that is not an over- the-counter hearing aid as defined in Over-the-Counter Hearing Aid Controls, 21 C.F.R. sec. 800.30, or a hearing aid that does not satisfy the regulatory requirements for over-the-counter hearing aids; (10) "Sell" or "sale" means any transfer of title or transfer of the right to use by lease, bailment, or any other means; (11) "Specialist in hearing instruments" means any individual licensed under this chapter; (12) "Sponsor" means a licensed specialist in he aring instruments qualified under KRS 334.090(8) who assumes professional responsibility for an apprentice; and (13) "Used" or "not new," with respect to a hearing instrument, means a hearing instrument that has been the subject of a sale and the title to which was held by the client for a period longer than thirty (30) days. Effective: June 29, 2023 History: Repealed and reenacted 2023 Ky. Acts ch. 53, sec. 1, effective June 29, 2023. -- Amended 1996 Ky. Acts ch. 272, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 460, sec. 1, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 276, sec. 1. -- Amended 1974 Ky. Acts ch. 308, sec. 58. --Created 1972 Ky. Acts ch. 48, sec. 1.

KRS 334.020 Requirement of license or permit

334.020. Requirement of license or permit No person shall engage in the sale or practice of fitting hearing instruments or display a sign or in any other way advertise or represent himself or herself as a person who practices the sale or fitting of hearing instruments unless he or she holds: (1) An unsuspended, unrevoked license issued by the board pursuant to KRS 334.080; (2) A current, unsuspended, unrevoked apprentice permit pursuant to KRS 334.090. The license or permit shall be conspicuously posted in each office or place of business; or (3) A license to practice as an audiologist issued by the Kentucky Board of Speech- Language Pathology and Audiology pursuant to KRS Chapter 334A. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 46, sec. 1, effective July 14, 2022. -- Amended 1992 Ky. Acts ch. 460, sec. 2, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 2.

KRS 334.030 Requirement of written agreement, offer to purchase, or receipt -- Contents -- Right to cancel -- Delivery statement -- Solicitation provisions

334.030. Requirement of written agreement, offer to purchase, or receipt -- Contents -- Right to cancel -- Delivery statement -- Solicitation provisions (1) Any person who practices the sale or fitting of hearing instruments shall obtain from the buyer of a hearing instrument, at the time such buyer assumes any financial obligation with respect to the purchase, the buyer's signature on a written and dated agreement, offer to purchase, or receipt. The written agreement, offer to purchase, or receipt shall contain the following information: (a) Licensee's signature, printed name and business address, and license number issued to the licensee by the board pursuant to this chapter; (b) Make, model, and serial number of the hearing instrument; (c) Immediately following the information required by paragraphs (a), (b), and (d) of this subsection, shall be the statement, in all capital letters in no smaller type than the largest used in the body copy portion, that: ANY COMPLAINTS CONCERNING THE SALE OR SERVICE OF THIS HEARING INSTRUMENT WHICH ARE NOT CORRECTED BY THE SPECIALIST IN HEARING INSTRUMENTS SHOULD BE DIRECTED TO: KENTUCKY LICENSING BOARD FOR SPECIALISTS IN HEARING INSTRUMENTS AT ITS CURRENT MAILING ADDRESS FOUND ON THE BOARD WEB SITE; and (d) Notice and statement of the purchaser's thirty (30) day right to cancel pursuant to KRS 334.210. (2) The written agreement, offer to purchase, or receipt shall bear in no smaller type than the largest used in the body copy portion the following statement: "The purchaser has been advised at the outset of his or her relationship with the specialist in hearing instruments that any examination or representation is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore shall not be regarded as medical opinion or advice." (3) Upon delivery of a hearing instrument, the client shall be furnished a delivery statement which shall include specifications as to the make, model, serial number, and delivery date, with full terms of the sale clearly stated. If a hearing instrument which is not new is offered for sale or is sold, that fact shall be clearly stated and conspicuously disclosed and read in the oral sales presentation before the buyer assumes any financial obligation with respect to the purchase, and the receipt shall be clearly marked as "used," "reconditioned," or "not new," whatever is applicable, with terms of guarantee, if any. (4) No person who practices the selling or fitting of hearing instruments shall visit the home or place of business of a potential buyer for the purpose of soliciting or inducing a sale of a hearing instrument without having obtained, prior to any visit, the expressed written consent of the potential buyer to such a visit. The consent required by this subsection shall clearly and conspicuously state that the potential buyer is aware that the specialist in hearing instruments may attempt to sell a hearing instrument during his or her visit. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 46, sec. 2, effective July 14, 2022. -- Amended 1992 Ky. Acts ch. 460, sec. 3, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 276, sec. 3. -- Created 1972 Ky. Acts ch. 48, sec. 3.

KRS 334.040 Exemptions from application of chapter

334.040. Exemptions from application of chapter (1) This chapter shall not apply to a person while he or she is engaged in the practice of fitting hearing instruments and assistive listening devices if his or her practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public, charitable institution or nonprofit organization, which is primarily supported by voluntary contributions. (2) This chapter shall not be construed to prevent any person who is: (a) A medical or osteopathic physician licensed to practice in the Commonwealth of Kentucky from treating or fitting hearing instruments to the human ear, which includes the making of ear molds; or (b) An audiologist holding a certificate of clinical competence in audiology from the American Speech-Language-Hearing Association so long as they do not engage in the sale of hearing instruments. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 53, sec. 5, effective June 29, 2023. -- Amended 1992 Ky. Acts ch. 460, sec. 4, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 4.

KRS 334.050 Qualifications of applicant for licensure

334.050. Qualifications of applicant for licensure An applicant for licensure under this section shall pay a fee established by the board by the promulgation of an administrative regulation and shall show to the board that he: (1) Is a person of good moral character; (2) Is twenty-one (21) years of age or older; (3) Has a minimum of a high school diploma or a general education development certificate; (4) Is a citizen of the United States or has status as a legal alien; (5) Is free of contagious or infectious disease; and (6) Has completed the apprenticeship requirements of the formal education as provided by KRS 334.090. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 5, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 5.

KRS 334.060 Examination not to include degree of competence required of physician or audiologist -- Examination of applicants to be given at least annually

334.060. Examination not to include degree of competence required of physician or audiologist -- Examination of applicants to be given at least annually (1) An applicant for licensure who is notified by the board that he has fulfilled the requirements of KRS 334.050 shall appear at a time, place, and before such persons as the board may designate and pass written and practical tests in order to demonstrate that he is qualified to practice the fitting of hearing instruments. The examination administered shall not be conducted in a manner that college training is required in order to pass. Nothing in the examination shall imply that the applicant shall possess the degree of medical competence normally expected of a physician, or of audiological competence of a certified audiologist. (2) The board shall give at least one (1) examination of the type prescribed in subsection (1) of KRS 334.070 each year, and such additional examinations as the volume of applications may make appropriate. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 6, effective July 14, 1992. --Created 1972 Ky. Acts ch. 48, sec. 6.

KRS 334.070 Scope of examination

334.070. Scope of examination The examination required in KRS 334.060 shall consist of: (1) Tests of knowledge pertaining to fitting of hearing instruments including: (a) Basic physics of sound; (b) The anatomy and physiology of the ear, including the science of hearing causes and rehabilitation of abnormal hearing and hearing disorders; and (c) The function of hearing instruments. (2) Practical tests of proficiency in the following techniques pertaining to the fitting of hearing instruments: (a) Pure tone audiometry, including air conduction testing and bone conduction testing; (b) Speech audiometry, including live voice or recorded voice speech evaluations which include speech reception threshold testing, most comfortable listening level, loudness discomfort level, and speech discrimination testing; (c) Masking when indicated; (d) Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaption of a hearing instrument; and (e) Taking earmold impressions. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 7, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 7.

KRS 334.080 Issuance of license -- Reciprocity -- Qualifications of applicant holding master's degree in audiology

334.080. Issuance of license -- Reciprocity -- Qualifications of applicant holding master's degree in audiology (1) Upon payment of a fee, established by the board by promulgation of an administrative regulation, the board shall register each applicant who satisfactorily passes the examination. Thereupon the board shall issue to the applicant a license. The license shall be effective for one (1) year. (2) Whenever the board determines that another state or jurisdiction has requirements equivalent to or higher than those in effect pursuant to this chapter for practice of selling or fitting of hearing instruments, and that such state or jurisdiction has a program equivalent to or stricter than the program for determining whether applicants pursuant to this chapter are qualified to sell or fit hearing instruments, the board may issue a license to those applicants who hold current, unsuspended, and unrevoked licenses to sell or fit hearing instruments in such other state or jurisdiction upon application and successful completion of examination. No applicant for a license pursuant to this subsection shall be required to submit to or undergo any training or other procedure, other than the payment of fees and examination pursuant to KRS 334.050 to 334.070. The holder of a license issued under this subsection shall be registered in the same manner as holders of initial licenses. The fee for licenses issued under this subsection shall be the same as the fee for an initial license. Fees, grounds, and procedures for renewal, suspension, and revocation of licenses issued under this subsection shall be the same as for renewal, suspension, and revocation of initial licenses. (3) Any applicant holding a master's degree in audiology licensed under KRS Chapter 334A or holding at least a master's degree from a recognized college or university and having the certification of clinical competence in audiology from the American Speech-Language-Hearing Association shall not be required to submit to or undergo any training or other procedures other than the payment of fees and successful completion of examination pursuant to KRS 334.050 to 334.070. Fees, grounds, and procedures for renewal, suspension, and revocation of license issued under this subsection shall be the same as for renewal, suspension, and revocation of initial licenses. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 8, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 8.

KRS 334.090 Apprentice permit -- Training stages -- Renewal of permit -- Sponsorship of apprentices

334.090. Apprentice permit -- Training stages -- Renewal of permit -- Sponsorship of apprentices (1) An applicant who fulfills the requirements of KRS 334.050 may apply to the board for an apprentice permit as provided by the board by the promulgation of an administrative regulation. The fee shall be established by the board by the promulgation of an administrative regulation. (2) The apprenticeship period shall be for twelve (12) months as follows: (a) Stage I -- The apprentice shall work for thirty (30) days under the direct control of a sponsor. The apprentice shall not in any way fit or test the client for the purpose of selling hearing instruments. (b) Stage II -- This training stage shall last for one hundred fifty (150) days. During this period the apprentice may conduct testing necessary for the proper selection and fitting of a hearing instrument, and make ear impressions. During this period the apprentice shall be under the direct supervision of his sponsor or a licensed specialist in hearing instruments who shall also qualify as a sponsor as defined in subsection (8) of this section. During this period the apprentice shall not make delivery or final fitting without direct personal supervision during the actual delivery. (c) Stage III -- This training stage shall last for one hundred eighty (180) days. The apprentice may engage in all activities of a licensed person. He shall, however, work under and be responsible to a licensed sponsor for the remainder of the apprentice period. (3) The stages provided in subsection (2) of this section shall be completed with no interim time lapse between stages. If the apprentice leaves his place of training without approval of his employer, he shall forfeit seniority, and revert to stage I, subject to appeal to the board. (4) After completion of the stages provided in subsection (2) of this section, the apprentice shall take the qualifying examination given by the board for a license and upon successfully passing the examination and paying the appropriate fee, may obtain a license. (5) If a person who holds an apprentice permit issued under this section takes and fails to pass the qualifying examination, the board may renew the apprentice permit as provided by the board by the promulgation of an administrative regulation. A fee established by the board by the promulgation of an administrative regulation shall be paid prior to reexamination. (6) Apprentice permit holders shall be governed by all administrative regulations and standards of ethical conduct pertaining to regular licensees. (7) The satisfactory completion of a course in the selling or fitting of hearing instruments approved by the board may be considered equivalent to stages I and II of the apprenticeship period. (8) No person shall sponsor an apprentice unless he is a licensed specialist in hearing instruments with a minimum of three (3) years' experience, has obtained NBC-HIS board certification, or has a current license issued pursuant to this chapter on or before December 31, 1992. No sponsor may have more than two (2) apprentices at one (1) time. The sponsor shall be responsible for all sales and service of the apprentices and all monetary reimbursements. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 272, sec. 2, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 460, sec. 9, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 9.

KRS 334.100 Licensees' and apprentices' duty to notify board of location

334.100. Licensees' and apprentices' duty to notify board of location (1) Every person who holds a license or an apprentice permit shall notify the board in writing of the location where he engages or intends to engage in the practice of selling or fitting hearing instruments or where the person is in training. (2) The board shall keep a record of each location where a licensee or apprentice intends to practice or train. (3) Any notice required to be given by the board to a person who holds a license or apprentice permit may be given by mailing it to the last known address of the licensee or apprentice. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 10, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 10.

KRS 334.110 Renewal of licenses -- Fee

334.110. Renewal of licenses -- Fee Each person who engages in the selling or fitting of hearing instruments shall annually, on or before January 30, pay to the board a fee to be established by the board by the promulgation of an administrative regulation for a renewal of his license. Where more than one (1) office is operated by the licensee, duplicate certificates shall be issued by the board for posting in each location. A thirty (30) day grace period shall be allowed after January 30, during which time licenses may be renewed on payment of a late fee and penalty to be established by the board by the promulgation of an administrative regulation. The board may suspend the license of any person who fails to renew his license before the expiration of the thirty (30) day grace period. After the expiration of the grace period, the board may in its discretion renew the license upon the payment of an additional fee to be established by the board by the promulgation of an administrative regulation. No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal, if the renewal application is made within two (2) years from the date of expiration. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 11, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 11.

KRS 334.120 Complaints -- Procedure -- Disciplinary sanctions -- Prohibited conduct

334.120. Complaints -- Procedure -- Disciplinary sanctions -- Prohibited conduct (1) Complaints against licensed persons shall be handled by the board in the following manner: (a) Any person desiring to make a complaint against a licensee under this chapter shall reduce the complaint to writing and file it with the board. (b) The board may conduct an investigation into any complaint which the board feels may constitute a violation of this chapter or the administrative regulations promulgated thereunder. (c) The board may require that the licensee file a statement or report in writing as to the facts and circumstances concerning the complaint together with other information, material, or data reasonably related thereto. (d) The board may request the assistance of the Attorney General in connection with an investigation. (e) The board may employ the services of a hearing officer to conduct hearings, prehearing conferences, advise the board as to legal matters, and provide other legal services deemed appropriate by the board. (2) If the board determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license issued under this chapter shall be suspended, revoked, or subject to reprimand or fine, it shall conduct a hearing in accordance with KRS Chapter 13B. (3) The provisions of this chapter shall in no way limit the jurisdiction and authority of the Attorney General to take any necessary action under the Kentucky Consumer Protection Act, KRS 367.110 to 367.300. (4) The board may suspend, revoke, or levy a fine not to exceed one thousand dollars ($1,000), refuse to issue or renew any license for a fixed period of time, place on probation, issue a written reprimand to a licensee, or any combination thereof, based on a finding of the board after hearing that a person licensed under the provisions of this chapter has committed any of the following acts: (a) Change of personal name, corporate name, charter, entity, or partnership name or composition to avoid the imposition of liens or court action; (b) The conviction of a felony, or a misdemeanor, if in accordance with KRS Chapter 335B. The record of conviction, or a copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of that conviction; (c) Procuring of license by fraud or deceit practiced upon the board; (d) Unethical conduct as defined by the board by promulgation of an administrative regulation; (e) Engaging in any unfair, false, misleading, or deceptive act or practice; (f) Incompetence or negligence in the practice of selling or fitting hearing instruments; or (g) Violating any provision of this chapter or the administrative regulations promulgated thereunder. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 80, effective June 29, 2017. -- Amended 1996 Ky. Acts ch. 318, sec. 306, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 460, sec. 12, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 276, sec. 5. -- Created 1972 Ky. Acts ch. 48, sec. 12.

KRS 334.130 Forgery, fraud, deceit, collusion, or conspiracy concerning licensure prohibited

334.130. Forgery, fraud, deceit, collusion, or conspiracy concerning licensure prohibited No person shall: (1) Sell, barter, or offer to sell or barter a license or apprentice permit. (2) Purchase or procure by barter a license or apprentice permit with intent to use it as evidence of the holder's qualification to practice the selling or fitting of hearing instruments. (3) Alter a license or apprentice permit with fraudulent intent. (4) Use or attempt to use as a valid license or apprentice permit, a license or apprentice permit which has been purchased, fraudulently obtained, counterfeited, or materially altered. (5) Willfully make a false statement in an application for license or apprentice permit or application for renewal of a license or apprentice permit. (6) Sell, barter, or offer for sale or barter any brand or model of hearing instrument not having the approval of the board for reasonable merchantability and workmanship. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 13, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 13.

KRS 334.135 Repealed, 1992

334.135. Repealed, 1992 Catchline at repeal: Board transferred to Division of Occupations and Professions for administrative purposes. History: Repealed 1992 Ky. Acts ch. 460, sec. 22, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 74, Art. VI, sec. 12(2).

KRS 334.140 Kentucky Licensing Board for Specialists in Hearing Instruments

334.140. Kentucky Licensing Board for Specialists in Hearing Instruments (1) There is created the Kentucky Licensing Board for Specialists in Hearing Instruments. (2) The board shall be composed of nine (9) members who shall be appointed by the Governor. Terms of office shall be at the Governor's discretion, not to exceed four years. All terms shall expire on July 31 of the designated year. Each member shall serve for the term of his appointment and until his successor has been appointed and qualified. If a vacancy occurs on the board, a new member shall be appointed to serve out the unexpired term. No member shall serve consecutive terms on the board. Upon recommendation of the board, the Governor may remove any member of the board for excessive absenteeism, neglect of duty, or malfeasance in office. (3) Five (5) members shall be specialists in hearing instruments licensed under KRS 334.080. The appointees shall have at least five (5) years' relevant experience. The Governor shall consider nominations from the Hearing Aid Association of Kentucky. No two (2) members from the same place of business may serve on the board at the same time. (4) One (1) member shall be a physician licensed to practice medicine in Kentucky and specializing in otology or otolaryngology. (5) One (1) member shall be an audiologist holding at least a master's degree from a recognized college or university and having the certification of clinical competence in audiology from the American Speech-Language-Hearing Association and licensed under KRS Chapter 334A. (6) One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. (7) One (1) member shall be the secretary of the Cabinet for Health and Family Services or his designee. (8) Five (5) members of the nine (9) members of the board, when properly convened, may conduct the business of the board. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 605, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 556, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 460, sec. 14, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 206, sec. 35. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Created 1972 Ky. Acts ch. 48, sec. 14.

KRS 334.150 Powers and duties of the board

334.150. Powers and duties of the board The powers and duties of the board shall be as follows: (1) To authorize all disbursements necessary to carry out provisions of this chapter. (2) To prepare and administer qualifying examinations to test the knowledge and proficiency of applicants for licensing. (3) To license persons who apply to the board and who are qualified to practice the fitting of hearing instruments. (4) To purchase and maintain or rent audiometric equipment and facilities necessary to carry out the examination of applicants for licensing. (5) To issue and renew licenses. (6) To suspend, revoke, refuse to issue, or renew licenses, impose probationary or supervisory conditions, issue letters of reprimand, or levy fines against a licensee, or any combination thereof. (7) To appoint representatives to conduct or supervise the examination of applicants for licensing. (8) To designate the time and place for examining applicants. (9) To promulgate administrative regulations consistent with the laws of this Commonwealth which are necessary to carry out the provisions of this chapter. (10) To require the periodic inspection of audiometric testing equipment and to carry out the periodic inspection of facilities of persons who practice the fitting of hearing instruments. (11) To employ secretaries, attorneys, inspectors, clerks, or any other employees that the board may deem necessary to carry out the provisions of this chapter. The board may employ or discharge at its discretion. (12) To initiate a formal educational program consistent with the intent of this chapter in that the consumer public shall be served by the specialist in hearing instruments trained in the latest technology in fitting hearing instruments. (13) To promulgate administrative regulations establishing requirements and standards for continuing education. (14) To administer oaths and to require the attendance of witnesses, the production of books, records and papers pertinent to any matters coming before the board by the issuance of process which shall be served and returned in the same manner as in civil actions and for the disobedience of which the board shall have by resort to a court of competent jurisdiction the power to invoke the same rights as are provided in the event of disobedience of a subpoena or subpoena duces tecum in a civil action. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 15, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 276, sec. 6. -- Created 1972 Ky. Acts ch. 48, sec. 15.

KRS 334.160 Meetings of board -- Officers -- Disposition of fees -- Compensation

334.160. Meetings of board -- Officers -- Disposition of fees -- Compensation (1) The board shall meet at least once a year at times and places to be designated by the board and upon such notice as the board may prescribe. At its first meeting each calendar year, the board shall elect a chairman, vice chairman, and secretary- treasurer, each to serve in his respective capacity for one (1) year. (2) Fees, charges, and other moneys collected by the board shall be paid into the State Treasury and credited to a trust and agency fund to be used to pay expenses in administering this chapter. All moneys shall be received, disbursed, and accounted for by the board or its designee. All moneys not expended by the board to pay expenses in administering this chapter shall be retained by the board from year to year to be expended for the purposes expressed in this chapter. (3) Each member of the board shall be paid a reasonable sum, not to exceed one hundred dollars ($100) per day, for each day of actual service on the board and shall be reimbursed all reasonable and necessary travel expenses. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 16, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 16.

KRS 334.170 Department of Professional Licensing to provide assistance

334.170. Department of Professional Licensing to provide assistance The Department of Professional Licensing in the Public Protection Cabinet shall provide administrative aid to the board to assist it in the discharge of its duties. Effective:April 11, 2017 History: Amended 2017 Ky. Acts ch. 178, sec. 34, effective April 11, 2017. -- Amended 2010 Ky. Acts ch. 24, sec. 1695, effective July 15, 2010. -- Amended 2009 Ky. Acts ch. 12, sec. 52, effective June 25, 2009. -- Amended 1992 Ky. Acts ch. 460, sec. 17, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Created 1972 Ky. Acts ch. 48, sec. 17.

KRS 334.180 Reinstatement of license -- Appeal from order refusing, suspending, or revoking license

334.180. Reinstatement of license -- Appeal from order refusing, suspending, or revoking license (1) A licensee whose license has been revoked may petition the board for reinstatement. The board shall investigate the petition and may reinstate the license upon finding that the individual has complied with any terms prescribed by the board and is again able to engage in the practice of fitting hearing instruments. (2) A licensee or applicant aggrieved by an order of the board refusing, suspending, or revoking a license may within thirty (30) days after notice thereof appeal thereupon to the Franklin Circuit Court. The appeal shall be determined by the court upon the certified record and no new or additional evidence shall be heard or considered by the court. Either party aggrieved by a final order entered by the court may appeal to the Court of Appeals as in a civil action. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 18, effective July 14, 1992. -- Created 1972 Ky. Acts ch. 48, sec. 19.

KRS 334.190 Exception to examination for license -- Qualifications

334.190. Exception to examination for license -- Qualifications For a period of six (6) months following June 16, 1972, an applicant for a license shall be issued a license without examination provided applicant: (1) Has been principally engaged as a hearing aid dealer or fitter for a total period of at least two (2) continuous years within a period of three (3) years immediately prior to June 16, 1972; (2) Is a person of good moral character; (3) Is eighteen (18) years of age or older; and (4) Is free of contagious or infectious disease. History: Created 1972 Ky. Acts ch. 48, sec. 21.

KRS 334.200 Requirements for sale or fitting of hearing instruments

334.200. Requirements for sale or fitting of hearing instruments (1) Any person licensed to sell hearing instruments under this chapter shall maintain, for not less than three (3) years in a file under the name of the person to whom a hearing instrument was sold, a true copy of the written agreement, offer to purchase, or receipt given the person pursuant to KRS 334.030. (2) The servicing, marketing, sale, dispensing, customer support, or distribution of over-the-counter hearing aids, or an equivalent activity, whether through in-person transactions, by mail, or online, shall not cause, require, or otherwise obligate a person providing such services to obtain specialized licensing, certification, or any other state or local sanction unless the requirement is generally applicable to the sale of any product or to all places of business regardless of whether they sell over- the-counter hearing aids. A person licensed under KRS Chapters 334 and 334A may service, market, sell, dispense, provide customer support for, or distribute over-the-counter hearing aids to any person. (3) Any person licensed under Chapters 334 and 334A to sell hearing aids under this chapter shall abide by the age restriction requirements to sell over-the-counter hearing aids in accordance with the Over-the-Counter Hearing Aid Controls, 21 C.F.R. sec. 800.30(g)(1). (4) Nothing in this chapter shall apply to the servicing, marketing, sale, dispensing, use, customer support, or distribution of an over-the-counter hearing aid. Effective: June 29, 2023 History: Repealed and reenacted 2023 Ky. Acts ch. 53, sec. 2, effective June 29, 2023. -- Amended 1992 Ky. Acts ch. 460, sec. 19, effective July 14, 1992. -- Created 1976 Ky. Acts ch. 276, sec. 2.

KRS 334.210 Client's right to cancel -- Procedure

334.210. Client's right to cancel -- Procedure (1) The client in a hearing instrument purchase, has the right to cancel the purchase for any reason at any time prior to midnight of the thirtieth calendar day after actual receipt of the hearing instrument. (2) Cancellation occurs when the client gives written notice of cancellation to the seller at the address stated in the notice and statement of the client's right to cancel provided for in subsection (5) of this section. (3) Notice of cancellation, if given by mail, is given when it is deposited in the mail properly addressed and postage prepaid. (4) Notice of cancellation given by the client need not take a particular form and is sufficient if it indicates by a form of written expression the intention of the client not to be bound by the hearing instrument sale. (5) In the sale of a hearing instrument, the seller shall present to each client, at the time the client assumes any financial obligation with respect to the purchase of a hearing instrument, a written notice and statement of the client's right to cancel which shall: (a) Appear under the conspicuous caption; "CLIENT'S RIGHT TO CANCEL WITHIN 30 DAYS," and (b) Contain the following specific statement in all capital letters in no smaller type than the largest used in the body copy portion of the written agreement, offer to purchase, or receipt: "THE CLIENT HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO MIDNIGHT OF THE 30TH CALENDAR DAY AFTER ACTUAL RECEIPT OF THE HEARING INSTRUMENT(S). YOU MAY CANCEL THE PURCHASE BY NOTIFYING THE SELLER THAT YOU DO NOT WANT THE HEARING INSTRUMENT(S) BY MAILING A NOTICE BEFORE ................ TO THE SELLER AT: ............................................................. . UPON CANCELLATION, THE SELLER MAY KEEP UP TO 10% OF THE SELLING PRICE." (6) The seller shall enter on the notice and statement required by subsection (5) of this section the date which is thirty (30) calendar days from the date on which the client receives the hearing instrument(s); the seller's full name and address; and the cancellation charges allowed by this section. (7) Until the seller has complied with this section, the client may cancel the purchase by notifying the seller in any manner and by any means of his intention to cancel. (8) Within fifteen (15) days after the return of the hearing instrument or instruments and any other goods or property delivered by the seller pursuant to the sale by the client, the seller shall tender to the client any payments made by the client, less any amount retained by the seller to repair damage to the hearing instrument due to a lack of reasonable care of the hearing instrument purchased, and terminate all financial obligations created in connection with the purchase of the canceled hearing instrument or instruments by the client. (9) If payment by the client includes any goods or property traded in, the goods or property shall be tendered to the client in substantially as good condition as when they were received by the seller. If the seller fails to tender the goods or property as provided by this subsection, the client may elect to recover an amount equal to the trade-in allowance for the goods or property. (10) The provisions of this section shall not apply to a sale of a hearing instrument that replaces a damaged or unworkable hearing instrument, when the replacement hearing instrument is identical to the damaged or unworkable hearing instrument. (11) Until the seller has complied with the obligations imposed by this section, the client may retain possession of all goods or property delivered to him by the seller and has a lien on the goods or property in his possession or control for any recovery to which he is entitled. (12) The client has a duty to take reasonable care of the goods, as defined by the board by promulgation of an administrative regulation, in his possession before cancellation and for a reasonable time thereafter until delivered to the seller. (13) Any waiver by the client of rights provided in this section is void, and shall not operate to relieve the seller of any obligation placed upon him by this section. (14) Nothing in this section shall in any way limit the right to cancel home solicitation sales, pursuant to KRS 367.410 to 367.460. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 20, effective July 14, 1992. -- Created 1976 Ky. Acts ch. 276, sec. 4.

KRS 334.990 Penalties

334.990. Penalties (1) Violation of any provision of this chapter is a misdemeanor punishable, upon conviction, by a penalty not to exceed two thousand five hundred dollars ($2,500) for each failure to comply with the orders of the board concerning each violation of law or administrative regulation concerning specialists in hearing instruments or by imprisonment in the county jail for not more than ninety (90) days, or both. (2) In addition to any other action authorized by law, the Attorney General may enforce provisions of this chapter by civil action for injunctive relief in any court of competent jurisdiction. In an action to obtain an injunction, it shall be sufficient to allege and prove that a violation of this chapter has occurred or is about to occur, and it shall not be necessary to allege or prove that any person has been misled or deceived by an unethical conduct or that any person has been damaged or sustained any loss as a result of any violation of this chapter. Effective: July 14, 1992 History: Amended 1992 Ky. Acts ch. 460, sec. 21, effective July 14, 1992. --Created 1972 Ky. Acts ch. 48, sec. 18.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38872Fetched: 10/20/2026