NAC637A.220. Professional responsibility.

     1. Except as otherwise provided in NAC 637A.430 to 637A.535, inclusive, a licensee shall provide information to the Board within 10 days after a request for the information is made by the Board.

     2. A licensee shall not represent himself or herself as an audiologist or other medical professional or use any other term to represent himself or herself which is false or misleading.

     3. Unless otherwise provided by the Board, a licensee shall provide for the service and repair of each hearing aid he or she sells or fits.

     4. A licensee shall provide to each person who orders or purchases a hearing aid a bill of sale which includes:

     (a) The name of the licensee, the address of the principal place of business of the licensee and the number of the license of the licensee.

     (b) A description of the make, model and serial number of the hearing aid.

     (c) The amount charged for the hearing aid and, if applicable, an itemization of any amount to be deducted from any refund.

     (d) The condition of the hearing aid, indicating whether it is new, used or reconditioned.

     (e) The name of the person or entity responsible for providing a refund.

     5. If a person cancels an order to purchase a hearing aid before taking possession of the hearing aid, a licensee shall refund the amount paid by the person for the hearing aid. The licensee may deduct from the refund an amount not to exceed $75 per hearing aid for work that was performed to order the hearing aid.

     6. A licensee shall provide to each person who purchases a hearing aid a written guarantee that the person may return the hearing aid:

     (a) Within 30 days after receipt of the hearing aid; or

     (b) If the hearing aid is returned to the manufacturer for service or repair during the 30-day period, within 30 days after the hearing aid is returned to the possession of the person who purchased the hearing aid.

Ê Except as otherwise provided in subsection 8, if the hearing aid and all accessories which accompanied the hearing aid are returned to the licensee in the same condition as they were received, the licensee shall provide the person with a refund within 30 days after the hearing aid is returned.

     7. A licensee shall schedule at least one appointment with each person who purchases a hearing aid. The appointment must take place not later than 21 days after the hearing aid is delivered to the person.

     8. If a hearing aid is returned to a licensee pursuant to subsection 6, the licensee may charge a fee for fitting the person with the hearing aid if the fee is specified in the original agreement between the licensee and the person. Unless a higher fee is authorized by the Board, the fee must not exceed $150 per hearing aid or 20 percent of the purchase price of the hearing aid, whichever is less.

     9. A violation of the provisions of this section is a ground for disciplinary action.

     (Added to NAC by Bd. of Hearing Aid Sp., eff. 11-29-95; A by R143-97, 3-3-98; R020-00, 9-12-2000; R062-01, 11-1-2001; R061-03, 1-16-2004)