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Am. Sub. H. B. No. 109 As Enrolled
(130th General Assembly) (Amended Substitute House Bill Number 109)
AN ACT
To amend sections 1345.30 and 1345.99 of the Revised
Code to specify individuals who are permitted to
recommend and fit hearing aids and to prohibit
specified sales of hearing aids via mail.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1345.30 and 1345.99 of the Revised
Code be amended to read as follows:
Sec. 1345.30. (A) As used in this section and in section
1345.31 of the Revised Code:
(1) "Consumer" means a person who engages in a consumer
transaction with a hearing aid dealer, hearing aid fitter,
physician, or audiologist.
(2) "Consumer transaction" means a sale, lease, assignment,
award by chance, or other transfer of a hearing aid.
(3) "Hearing aid" has the same meaning as in section 4747.01
of the Revised Code, except that it does not include any
instrument or device that fits into the ear and is intended to be
used only while hunting or shooting.
(B) The following individuals are permitted to recommend or
fit a hearing aid:
(1) A hearing aid dealer or hearing aid fitter licensed under
Chapter 4747. of the Revised Code;
(2) A physician authorized under Chapter 4731. of the Revised
Code to practice medicine and surgery or osteopathic medicine and
surgery;
(3) An audiologist licensed under Chapter 4753. of the
Revised Code.
(C) No person shall sell or distribute a hearing aid through
the mail to the ultimate consumer unless the person has received a
written acknowledgment from the ultimate consumer that the
ultimate consumer was advised that an in-person examination by a
licensed professional is recommended. Nothing in this section
shall be construed to prohibit the distribution of a repaired
hearing aid to its owner through the mail upon completion of the
repairs.
(D) A hearing aid dealer or hearing aid fitter licensed under
Chapter 4747. of the Revised Code, a physician authorized under
Chapter 4731. of the Revised Code to practice medicine and surgery
or osteopathic medicine and surgery, or an audiologist licensed
under Chapter 4753. of the Revised Code who enters into a consumer
transaction with a consumer shall provide a refund to the consumer
if the hearing aid is returned to the dealer, fitter, physician,
or audiologist not later than thirty days after its original
delivery. The refund shall be provided regardless of the reason
for the hearing aid's return and regardless of whether the hearing
aid is new, refabricated, or used. The thirty-day period for
return of the hearing aid does not include any period during which
the dealer, fitter, physician, or audiologist has possession or
control of the hearing aid after its original delivery to the
consumer or a person acting on the consumer's behalf.
A dealer, fitter, physician, or audiologist shall make
original delivery of a hearing aid to a consumer or person acting
on the consumer's behalf either by delivery in person or by
certified mail, return receipt requested. The date of in-person
delivery or the date shown on the certified mail return receipt is
the hearing aid's original delivery for purposes of this division.
Not later than fifteen days after presentation by the
consumer to the dealer, fitter, physician, or audiologist of proof
of payment of the agreed-upon consideration for the hearing aid
and return of the hearing aid in the condition in which it was
received, except for normal wear and tear, the dealer, fitter,
physician, or audiologist shall give the consumer a full refund of
the consideration paid for the hearing aid, less the amount
specified by the dealer, fitter, physician, or audiologist in the
receipt required by division (C)(E) of this section to cover
expenses incurred in connection with the hearing aid.
If the hearing aid is returned in a damaged condition that is
beyond normal wear and tear, the dealer, fitter, physician, or
audiologist, not later than fifteen days after presentation of
proof of payment and return of the hearing aid, shall give the
consumer a full refund of the consideration paid for the hearing
aid, less an amount equal to the cost of repairing the damage to
the hearing aid and the amount the dealer, fitter, physician, or
audiologist could withhold under this division had the hearing aid
been returned in the condition that it was received, except for
normal wear and tear.
(C)(E) When a hearing aid dealer, hearing aid fitter,
physician, or audiologist enters into a consumer transaction with
a consumer, the dealer, fitter, physician, or audiologist shall
notify the consumer of the provisions of division (B)(D) of this
section and provide the consumer a receipt for the hearing aid
that includes the following statement typed in boldface type of
the minimum size of ten points:
"RIGHT TO RETURN THE HEARING AID
WITHIN 30 DAYS AND RECEIVE A REFUND
Under Ohio law (O.R.C. 1345.30), a consumer has the right to
return a hearing aid for any reason within 30 days after it is
originally delivered to the consumer or a person acting on the
consumer's behalf and to receive a refund of the consideration
paid for the hearing aid less an amount specified by the hearing
aid dealer, hearing aid fitter, physician, or audiologist to cover
expenses incurred in connection with the hearing aid not later
than 15 days after presenting proof of payment for the hearing aid
and returning it in the condition in which it was received, except
for normal wear and tear. In this case the amount deducted from
the refund will be $........"
A hearing aid dealer or fitter shall include the statement in
the receipt required by section 4747.09 of the Revised Code.
Sec. 1345.99. (A) Whoever violates section 1345.23 or
1345.24 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates division (C) of section 1345.30 or
division (D) of section 1345.76 of the Revised Code shall be fined
not more than one thousand dollars.
(C) Whoever knowingly violates division (E) of section
1345.02 or knowingly violates section 1345.18 of the Revised Code
is guilty of a misdemeanor of the third degree for a first offense
and a misdemeanor of the second degree for any subsequent offense.
SECTION 2. That existing sections 1345.30 and 1345.99 of the
Revised Code are hereby repealed.
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