Virginia Administrative Code
Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING
Agency 80 - BOARD FOR HEARING AID SPECIALISTS AND OPTICIANS
Chapter 20 - HEARING AID SPECIALISTS REGULATIONS
Part V - Standards of Practice and Conduct
Section 18VAC80-20-220 - Purchase agreement
Universal Citation: 8 VA Admin Code 80-20-220
Current through Register Vol. 41, No. 3, September 23, 2024
A. Each hearing aid shall be sold through a purchase agreement that shall:
1. Show the licensee's business address,
license number, business telephone number, and signature;
2. Comply with federal and Virginia laws and
regulations, U.S. Food and Drug Administration (FDA) regulations, the Virginia
Home Solicitation Sales Act (Chapter 2.1 (§ 59.1-21.1 et seq.) of Title
59.1 of the Code of Virginia), and the Virginia Consumer Protection Act
(Chapter 17 (§ 59.1-196 et seq.) of Title 59.1 of the Code of
Virginia);
3. Clearly state, if the
hearing aid is not new and is sold or rented, that it is "used" or
"reconditioned," whichever is applicable, including the terms of warranty, if
any. The hearing aid container shall be clearly marked with the same
information contained in the purchase agreement.
4. Identify the brand names and model of the
hearing aid being sold, and the serial number of the hearing aid shall be
provided, in writing, to the purchaser or prospective purchaser at the time of
delivery of the hearing aid;
5.
Disclose the full purchase price;
6. Disclose the down payment and periodic
payment terms in cases where the purchase price is not paid in full at
delivery;
7. Disclose any
nonrefundable fees established in accordance with § 54.1-1505 of the Code
of Virginia. Nonrefundable fees shall not be a percentage of the purchase price
of the hearing aid;
8. Disclose any
warranty;
9. Explain the provisions
of § 54.1-1505 of the Code of Virginia, which entitles the purchaser to
return the hearing aid, in 10-point bold face type that is bolder than the type
in the remainder of the purchase agreement; and
10. Disclose that the licensee or temporary
permit holder is not a physician licensed to practice medicine in Virginia and
that no examination or representation made shall be regarded as a medical
examination, opinion or advice.
B. Subdivision A 10 of this section shall not apply to sales made by a licensed hearing aid specialist who is a physician licensed to practice medicine in Virginia.
Statutory Authority: § 54.1-201 of the Code of Virginia.
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