As Passed by the House

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 109


Representative Damschroder 

Cosponsors: Representatives Adams, R., Ruhl, Stinziano, Brenner, Gonzales, Buchy, Maag, Barnes, Bishoff, Brown, Carney, Schuring, Smith, Barborak, Hagan, C., Mallory, Milkovich, Pillich Speaker Batchelder 



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, except that it does not include any 15
instrument or device that fits into the ear and is intended to be 16
used only while hunting or shooting.17

       (4) "Regular place of business" means a location at which an 18
individual holds the individual's self out to be physically 19
available to the consumer. 20

       (B) The following individuals are permitted to recommend or 21
fit a hearing aid:22

       (1) A hearing aid dealer or hearing aid fitter licensed under 23
Chapter 4747. of the Revised Code; 24

       (2) A physician authorized under Chapter 4731. of the Revised 25
Code to practice medicine and surgery or osteopathic medicine and 26
surgery; 27

       (3) An audiologist licensed under Chapter 4753. of the 28
Revised Code. 29

       (C) Individuals permitted to recommend or fit a hearing aid 30
pursuant to division (B) of this section shall have a regular 31
place of business located within this state to be eligible to sell 32
and distribute hearing aids. 33

       (D) No person shall sell or distribute a hearing aid through 34
the mail to the ultimate consumer unless the person has evidence 35
that there has been a prior in-person evaluation between the 36
consumer and an individual permitted to recommend or fit a hearing 37
aid pursuant to division (B) of this section. Nothing in this 38
section shall be construed to prohibit the distribution of a 39
repaired hearing aid to its owner through the mail upon completion 40
of the repairs. 41

       (E) A hearing aid dealer or hearing aid fitter licensed under 42
Chapter 4747. of the Revised Code, a physician authorized under 43
Chapter 4731. of the Revised Code to practice medicine and surgery 44
or osteopathic medicine and surgery, or an audiologist licensed 45
under Chapter 4753. of the Revised Code who enters into a consumer 46
transaction with a consumer shall provide a refund to the consumer 47
if the hearing aid is returned to the dealer, fitter, physician, 48
or audiologist not later than thirty days after its original 49
delivery. The refund shall be provided regardless of the reason 50
for the hearing aid's return and regardless of whether the hearing 51
aid is new, refabricated, or used. The thirty-day period for 52
return of the hearing aid does not include any period during which 53
the dealer, fitter, physician, or audiologist has possession or 54
control of the hearing aid after its original delivery to the 55
consumer or a person acting on the consumer's behalf.56

       A dealer, fitter, physician, or audiologist shall make 57
original delivery of a hearing aid to a consumer or person acting 58
on the consumer's behalf either by delivery in person or by 59
certified mail, return receipt requested. The date of in-person 60
delivery or the date shown on the certified mail return receipt is 61
the hearing aid's original delivery for purposes of this division.62

       Not later than fifteen days after presentation by the 63
consumer to the dealer, fitter, physician, or audiologist of proof 64
of payment of the agreed-upon consideration for the hearing aid 65
and return of the hearing aid in the condition in which it was 66
received, except for normal wear and tear, the dealer, fitter, 67
physician, or audiologist shall give the consumer a full refund of 68
the consideration paid for the hearing aid, less the amount 69
specified by the dealer, fitter, physician, or audiologist in the 70
receipt required by division (C)(F) of this section to cover 71
expenses incurred in connection with the hearing aid.72

       If the hearing aid is returned in a damaged condition that is 73
beyond normal wear and tear, the dealer, fitter, physician, or 74
audiologist, not later than fifteen days after presentation of 75
proof of payment and return of the hearing aid, shall give the 76
consumer a full refund of the consideration paid for the hearing 77
aid, less an amount equal to the cost of repairing the damage to 78
the hearing aid and the amount the dealer, fitter, physician, or 79
audiologist could withhold under this division had the hearing aid 80
been returned in the condition that it was received, except for 81
normal wear and tear.82

       (C)(F) When a hearing aid dealer, hearing aid fitter, 83
physician, or audiologist enters into a consumer transaction with 84
a consumer, the dealer, fitter, physician, or audiologist shall 85
notify the consumer of the provisions of division (B)(E) of this 86
section and provide the consumer a receipt for the hearing aid 87
that includes the following statement typed in boldface type of 88
the minimum size of ten points:89

"RIGHT TO RETURN THE HEARING AID
90

WITHIN 30 DAYS AND RECEIVE A REFUND
91

       Under Ohio law (O.R.C. 1345.30), a consumer has the right to 92
return a hearing aid for any reason within 30 days after it is 93
originally delivered to the consumer or a person acting on the 94
consumer's behalf and to receive a refund of the consideration 95
paid for the hearing aid less an amount specified by the hearing 96
aid dealer, hearing aid fitter, physician, or audiologist to cover 97
expenses incurred in connection with the hearing aid not later 98
than 15 days after presenting proof of payment for the hearing aid 99
and returning it in the condition in which it was received, except 100
for normal wear and tear. In this case the amount deducted from 101
the refund will be $........"102

       A hearing aid dealer or fitter shall include the statement in 103
the receipt required by section 4747.09 of the Revised Code.104

       Sec. 1345.99.  (A) Whoever violates section 1345.23 or 105
1345.24 of the Revised Code is guilty of a minor misdemeanor.106

       (B) Whoever violates division (D) of section 1345.30 or107
division (D) of section 1345.76 of the Revised Code shall be fined 108
not more than one thousand dollars.109

       (C) Whoever knowingly violates division (E) of section 110
1345.02 or knowingly violates section 1345.18 of the Revised Code 111
is guilty of a misdemeanor of the third degree for a first offense 112
and a misdemeanor of the second degree for any subsequent offense.113

       Section 2. That existing sections 1345.30 and 1345.99 of the 114
Revised Code are hereby repealed.115