Current through Register Vol. 42, No. 5, February 29, 2024
(1) Qualifications
for Licensure.
(a) In addition to meeting all
other requirements of the licensure examination and of the rules, the applicant
shall complete an application, on forms prescribed by the board, and shall meet
the following requirements:
1. Be a minimum of
19 years of age.
2. Be of good
moral character.
3. Have a minimum
of a high school diploma or a GED.
4. Be free of any contagious or infectious
disease.
5. Be a citizen or have
status as a legal alien.
(2) Types of License.
(a) A hearing aid dispenser license shall be
effective for a period beginning January 1, or from date of issue, and ending
January 30 on the succeeding year.
(b) Apprentice Permit. Any individual meeting
requirements specified in 445-X-1-.03 and has completed the International
Institute for Hearing instrument Studies distance learning program may apply to
the board for an apprentice permit.
1. An
apprentice permit shall be effective for a period of one year from date of
issue. An apprentice permit may be renewed for an additional year, provided
that the permit holder has sat and failed the hearing aid specialist's
examination during the first initial permit period. An applicant may not be
issued a second permit certificate within a five-year period following the
expiration date of the initial permit.
2. Any individual applying for an apprentice
permit shall provide proof of sponsorship by an active, licensed Alabama
hearing aid dispenser with an established business address, and proof of
completion of the International Institute for Hearing Instrument Studies
(IIHIS) Distance learning program.
(i) The
sponsor shall have been licensed for a minimum of one year.
(ii) A licensed hearing aid dispenser shall
not sponsor more than 4 apprentice at any given time.
The sponsor shall provide guidance and supervision to
adequately prepare an apprentice permitted individual to perform as a fully
licensed hearing aid dispenser or designated hearing aid specialist. The
sponsor shall provide direct supervision and immediate observation of the
apprentice permeate to fit, select, dispense, or service a hearing instrument.
After completion of IIHIS Distance Learning program and practical instructions,
the apprentice may perform the functions of a hearing aid specialist, but only
under the direct supervision and physical observation of a licensed hearing aid
dispenser, or hearing aid specialist when specifically designated by the
hearing aid dispenser. The hearing aid dispenser or designated hearing aid
specialist shall review and give final approval to work performed by the
apprentice including all audiometric results. The hearing aid dispenser or
designated hearing aid specialist must review and approve all ear impressions,
and orders for hearing aids and earmolds before submission to the manufacturer.
The hearing aid dispenser or designated hearing aid specialist shall be
physically present at the time the hearing aid(s) is delivered to the
client.
(iii) The sponsor
shall be responsible for all sales and service of the apprentice
permeate.
(3) Withdrawal of Sponsorship.
(a) The sponsor may withdraw from the
agreement upon providing a maximum of 10 days written notification to the
apprentice and to the board. At that time the sponsor shall surrender the
apprentice permit to the board.
(b)
It shall be the apprentice permittee's responsibility to provide proof of
sponsorship by another qualified licensee. The board shall forward the
apprentice permit to the new sponsor. Failure to provide proof of sponsorship
shall result in suspension of the apprentice permit.
(c) The apprentice permit holder may request
transfer to another sponsor, upon written notification to the sponsor and to
the board, and upon verification from the sponsor.
(4) All legal requirements which apply to
licensees shall apply with equal force to apprentice permits and violation of
any portion of these rules subjects apprentice permit holders to the same
disciplinary action as licensees.
(5) Renewal of Licenses.
(a) The board shall renew an active license
for each licensee who has completed the appropriate application and paid the
licensure fee.
(b) After expiration
of the 30 day grace period, the board may renew licenses upon payment of a
reinstatement fee plus the regular renewal fee.
(c) A license may be renewed within two years
of the expiration date upon payment of a reinstatement fee plus the regular
renewal fee. Within the two year renewal period, the person shall not be
required to submit to any examination as a condition for renewal.
(d) Any active license which is not renewed
by the end of the 30 day grace period shall become null and void, and the
privilege of fitting and selling hearing instruments in Alabama becomes
invalid.
(e) All licensees shall
provide a current permanent business street address upon application for
renewal. The address will be printed on the license. The license shall be valid
only if the business street address is correct or the licensee has notified the
board of any change of address within 15 days of such change.
(f) Application for renewal of a hearing aid
dispenser or hearing aid specialist license or for an apprentice permit shall
be denied so long as any suspension or revocation is imposed by the board, such
suspension or revocation has been appealed to any court, and such suspension or
revocation remains in litigation.
(6) Licensure Suspension.
(a) Any license may be suspended for
violation of these rules or Alabama hearing instrument laws. A suspension of
license will be contingent on proceeds in
445-X-1-.08 and with
consideration of the following conditions:
1.
When the board has reason to believe the operation of a hearing aid dispenser
or hearing aid specialist is in violation of the law or rules.
2. When the board has reason to believe the
hearing aid dispenser or hearing aid specialist or apprentice is not making
specific plans or efforts to comply with the law or these rules.
3. A license may be suspended for a period
not to exceed one year at which time the license will be reinstated or revoked
based on action of the board.
(7) Licensure Fees.
(a) All fees shall be made payable to the
Board of Hearing Instrument Dealers. Licensure fees shall not be refunded.
1. Initial application fee of two hundred
fifty dollars ($250.00) is required to apply for a license with the
Board.
2. Initial licensure or
renewal fee is two hundred dollars ($200) for a hearing aid specialist and two
hundred fifty dollars ($250) for a hearing aid dispenser.
3. Examination fee is two hundred dollars
($200) .
4. Late fee (during grace
period) is fifty dollars ($50) in addition to the license fee.
5. Apprentice permit fee is one hundred
twenty-five dollars ($125.00) .
6.
Apprentice permit renewal fee is one hundred twenty-five dollars ($125.00)
.
7. Duplicate license fee is
twenty five ($25.00) per additional license.
8. Replacement License Fee, if original is
lost or the office moves within the calendar year is twenty five ($25)
.
9. Verification Fee of twenty
five ($25.00) to verify certificates of any licensed individual.
10. Reinstatement fee of two hundred ($200)
is required for reinstatement of any license approved for reinstatement that is
beyond the allowed grace period.
11. Late filing fee of twenty-five (25.00)
for a business statement of compliance.
12. Mail list fee of twenty-five (25.00) for
a list of licenses issued by the Board.
(8) Licensing.
(a) Issuance of License. The license shall be
issued by the board. It shall set forth the name and business address of the
dispenser, fitter, or apprentice.
1. A
duplicate license shall be displayed at each business location when the
licensee is operating from more than one business address.
2. Any change of address, place of business,
or sponsor shall be submitted in writing to the board within 30 days after the
change has occurred. Replacement certificates shall be issued by the board upon
the payment of the appropriate fee.
(b) Basis for denial of license.
1. The board shall consider the following to
be sufficient reason to deny a license to any person making application for or
renewal of a hearing aid dispenser, or hearing aid specialist license:
(i) Falsification of any information or
record required in the application for license.
(ii) Change of personal name, corporate name,
charter, entity or partnership name of composition to avoid the imposition of
liens or court action.
(iii)
Conviction of a felony in any state for physical, mental or financial abuse of
consumers or the general public within the past five years.
(iv) Revocation of a hearing aid dispenser,
or hearing aid specialist license within the last five years by administrative
or court action in the state of Alabama.
(v) Conviction of fraud in any state or in
any federal jurisdiction within the past five years.
(vi) Failure to comply with
445-X-l-.03(3).
2. The
board reserves the right to make inquiries of any other person or agency to
determine whether the above reasons for denial exist.
Author: Hearing Instrument Dealers Board
Statutory Authority:
Code of Ala.
1975, §
34-14-11(4).