For the purposes of this chapter, the following definitions shall apply: (a) Person includes any individual, partnership, corporation, limited liability company, or other organization, or...

(a) Practice of fitting or selling hearing aids, as used in this chapter, means those practices used for the purpose of selection and adaptation of hearing aids, including direct observation...

A licensee may conduct hearing screenings at a health fair or similar event by the application of a binary puretone screening at a preset intensity level for the purpose of identifying the...

In fitting hearing aids, a hearing aid dispenser shall not take facial measurements or fit, adjust, or adapt lenses or spectacle frames, except that a hearing aid dispenser may replace...

Hearing aid dispenser, as used in this chapter, means a person engaged in the fitting or selling of hearing aids to an individual with impaired hearing....

Sell or sale means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers....

This chapter shall be known and may be cited as the Hearing Aid Dispensers Licensing Law....

(a) There is within the jurisdiction of the department the Hearing Aid Dispensers Bureau. The bureau is under the supervision and control of the director. The duty of enforcing...

Protection of the public shall be the highest priority for the Hearing Aid Dispensers Bureau in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection...

(a) There is within the bureau a Hearing Aid Dispensers Advisory Committee. The committee shall consist of seven members; three of whom shall be licensed hearing aid dispensers and four...

Notice of each meeting of the committee shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Part 1 of Division 3 of Title 2...

The bureau shall keep a record of all prosecutions for violations of this chapter and of all examinations held for applicants for licenses together with the names and addresses of all persons...

The bureau may recommend the preparation of and administration of a course of instruction concerned with the fitting and selection of hearing aids. The bureau may require...

All holders of licenses to sell or fit hearing aids shall continue their education after receiving the license. The bureau shall provide by regulation, as a condition to the renewal of...

The bureau may adopt, amend, or repeal, in accordance with the provisions of the Administrative Procedure Act, regulations that are necessary to enable the bureau to carry into...

(a) The bureau may prosecute any and all persons for any violation of this chapter. (b) The director shall hear and decide all matters, including but not limited to, any contested case or...

The bureau may employ the personnel necessary to administer this chapter and may incur other expenses as are necessary for the administration of this chapter. All inspections...

It is unlawful for an individual to engage in the practice of fitting or selling of hearing aids, or to display a sign or in any other way to advertise or hold himself or herself out as...

This chapter does not apply to a person engaged in the practice of fitting hearing aids if his practice is for a governmental agency, or private clinic, or is part of the academic curriculum of...

This chapter does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does not directly or indirectly engage in the...

(a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as a hearing-aid dispenser in this state. (2) There is no fitting, selection, or...

Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the bureau. The application shall be made upon a form and...

(a) The bureau shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser's license. The bureau may provide that the preparation and grading...

The bureau shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its equivalent, who have not...

(a) An applicant who has fulfilled the requirements of Section 3352 and has made application therefor, may have a temporary license issued to him or her upon satisfactory proof to the...

(a) An applicant who has fulfilled the requirements of Section 3352, and has made application therefor, and who proves to the satisfaction of the bureau that he or she will be...

A temporary licensee under Section 3357 shall take the license examination within the first 10 months after the temporary license is issued. Failure to take the license examination...

(a) A temporary licensee shall not be the sole proprietor of, manage, or independently operate a business which engages in the fitting or sale of hearing aids. (b) A temporary licensee...

Practical examinations shall be held by the bureau at least twice a year. The time and place of any practical examination shall be fixed by the bureau at least 45 days prior to the date it is...

Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have passed that examination....

(a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the bureau in writing of the address or addresses where he or she is to engage, or...

Each holder of a license shall keep it conspicuously posted in his office or place of business at all times....

(a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling,...

A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following: (a)...

Whenever any of the following conditions are found to exist either from observations by the licensee or on the basis of information furnished by the prospective hearing aid user, a...

No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the preceding six months a recommendation for a hearing...

A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his office or place of business at all times and each such record shall be kept and maintained...

A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of...

Proceedings to deny, suspend, or revoke a license under this chapter, shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2...

The bureau may deny, issue subject to terms and conditions, suspend, or revoke a license, or impose conditions of probation upon a licensee, for any of the following causes: (a)...

Upon denial of an application for license, the bureau shall notify the applicant in writing, stating (1) the reason for the denial and (2) that the applicant has a right to a hearing...

A plea or verdict of guilty or a conviction following a plea of nolo contendere, made to a charge substantially related to the qualifications, functions, and duties of a hearing aid...

Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the bureau may require the petitioner to pass the regular examination...

Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than...

It is unlawful to sell or barter, or offer to sell or barter, any license issued by the bureau....

It is unlawful to purchase or procure by barter any license issued by the bureau with intent to use the same as evidence of the holder's qualification to practice the fitting or selling...

It is unlawful to alter with fraudulent intent in any material regard a license issued by the bureau....

It is unlawful to use or attempt to use any license issued by the bureau that has been purchased, fraudulently issued, counterfeited, or materially altered as a valid license....

It is unlawful to willfully make any false statement in a material regard in an application for an examination before the bureau for a license....

It is unlawful to engage in the practice of fitting or selling hearing aids in this state without having at the time of so doing a valid, unrevoked and unexpired license or temporary license....

It is unlawful for a licensed hearing aid dispenser to fit or sell a hearing aid unless he or she first does all of the following: (a) Complies with all provisions of state laws...

It is unlawful to advertise by displaying a sign or otherwise or hold himself out to be a person engaged in the practice of fitting or selling hearing aids without having at the time of so doing...

It is unlawful to engage in the practice of fitting or selling hearing aids without the licensee having and maintaining an established business address, routinely open for service to his clients....

In addition to other proceedings provided for in this chapter, whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute,...

When tests are conducted by persons licensed under this chapter in connection with the fitting and selling of hearing aids, the provisions of this chapter shall apply....

(a) A license issued under this chapter expires at midnight on its assigned renewal date. (b) To renew an unexpired license, the licensee shall, on or before the date of expiration of...

Except as otherwise provided in this chapter, an expired license may be renewed at any time within three years after its expiration on filing of an application for renewal on a form prescribed...

A license which has been suspended is subject to expiration and shall be renewed as provided in this article but such renewal does not entitle the holder of the license, while it...

A license that is not renewed within three years after its expiration may not be renewed, restored, reissued, or reinstated thereafter, but the holder of the expired license may apply...

There is established in the State Treasury the Hearing Aid Dispensers Fund. All fees collected pursuant to this chapter shall be paid by the bureau into the fund. All money in the...

The amount of fees and penalties prescribed by this chapter shall be those set forth in this section unless a lower fee is fixed by the bureau: (a) The fee for applicants applying for the...