Florida Statute 484.0401 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 484
DISPENSING OF OPTICAL DEVICES AND HEARING AIDS

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484.0401 Purpose.—The Legislature recognizes that the dispensing of prescription hearing aids requires particularized knowledge and skill to ensure that the interests of the hearing-impaired public will be adequately served and safely protected. It recognizes that a poorly selected or fitted prescription hearing aid not only will give little satisfaction but may interfere with hearing ability and, therefore, deems it necessary in the interest of the public health, safety, and welfare to regulate the dispensing of prescription hearing aids in this state. Restrictions on the fitting and selling of prescription hearing aids shall be imposed only to the extent necessary to protect the public from physical and economic harm, and restrictions shall not be imposed in a manner which will unreasonably affect the competitive market.

History.—ss. 1, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 1, 19, 20, ch. 86-283; s. 22, ch. 90-341; s. 11, ch. 90-345; s. 4, ch. 91-429; s. 24, ch. 2023-71.

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Cases Citing Statute 484.0401

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Beckwith v. Dep't of Bus. & Prof'l Reg., Bd. of Hearing Aid Specialists, 667 So. 2d 450 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 536, 1996 WL 31880

...so we must determine whether the Central Hudson test has been satisfied. Although we conclude that the asserted governmental interest is substantial, the department has failed to demonstrate that section 484.056(l)(t) advances that interest. Citing section 484.0401, Florida Statutes (1989), the department argues that the state has a substantial interest in regulating the sale of hearing aids, and that prevention of “intimidation, harassment, or coercion by a hearing aid specialist or his agen...