As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 545


Representative Damschroder 

Cosponsors: Representatives Adams, R., Garland, Murray, Slaby, M., Yuko 

A BILL
To amend sections 1345.30 and 1345.99 of the Revised 1
Code to specify individuals who are permitted to 2
recommend and fit hearing aids and to prohibit 3
specified sales of hearing aids via mail.4


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 or106
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