Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 40 - Professional licensing and facility regulation
Subchapter 05 - Professional Licensing
Part 31 - Hearing Aid Dealers and Fitters (216-RICR-40-05-31)
Section 216-RICR-40-05-31.4 - Administrative Requirements
Universal Citation: 216 RI Code of Rules 40 05 31.4
Current through September 18, 2024
31.4.1 Certificates of Need and Other Requirements Prior to Delivery of Services
A. No person, firm,
association or corporation shall sell or attempt to sell or otherwise make
available any hearing aid instrument or hearing prosthetic device to a
prospective consumer or purchaser unless that consumer or purchaser has first
obtained and presented to the seller a certificate of need on forms prescribed
and furnished by the Director, signed by a physician duly licensed in the state
under the provisions of R.I. Gen. Laws Chapter 5-37, attesting thereon that
pursuant to an ontological examination no more than six (6) months prior to the
sale of the hearing aid, it is his/her diagnosis that the prospective
patient-purchaser has a hearing impediment of such a nature as to indicate the
need for a hearing aid instrument or hearing prosthetic device.
B. Pursuant to federal requirements, an adult
(i.e., person aged eighteen [18] years or older) prospective purchaser may
waive the medical evaluation requirement provided that said purchaser has been
informed that the exercise of said waiver is not in the purchaser's best
interest.
1. A statement shall be signed by
the prospective purchaser indicating informed consent regarding the waiver
described in §31.4.1(B) of this Part. Said statement shall be retained for
no less than three (3) years by the licensee in accordance with federal
requirements.
2. Any person
engaging in the practice of fitting and dealing in hearing aids will, when
dealing with a child ten (10) years of age or under, ascertain whether the
child has been examined by an otolaryngologist or primary care physician and an
audiologist for his/her recommendation within ninety (90) days prior to the
fitting. If that not be the case, a recommendation to do so must be made and
such an examination must be conducted before the sale of any hearing
aid.
C. Prior to delivery
of services or products to the prospective purchaser, a licensee shall provide
discussion of amplification or aural rehabilitation options appropriate to the
hearing loss and communication needs presented by the patient.
D. The licensee shall deliver information,
either written or oral, appropriate to the patient's needs and options under
discussion, including, but not limited to, types of circuitry, telecoils, or
programmability, and if applicable, estimated unit prices for the following
service: hearing aid(s), accessories, service contracts, hearing aid (loss and
damage) insurance, health care coverage, warranty, financing, and related goods
and services.
31.4.2 Records of Transactions
A. The
Records of Transactions are as set forth in R.I. Gen. Laws §
5-49-2.2.
B. Every person, firm, association or
corporation shall keep a permanent record of all sales or other transactions
whereby a hearing aid instrument or hearing prosthetic device is made
available.
C. Each record of a
transaction shall have attached thereto the certificate of need, or signed
waiver, presented by the prospective purchaser and shall be retained for a
period of three (3) years and be kept open for inspection by any official
designated by the Director.
31.4.3 Receipt Required
Receipt Requirements are in accordance with R.I. Gen. Laws § 5-49-3.
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