(1) Before delivery of services or products to a prospective purchaser, any person who fits and sells prescription hearing aids must disclose on request by the prospective purchaser an itemized listing of prices, which must include separate price estimates for each service component and each product. Provision of such itemized listing of prices may not be predicated on the prospective purchaser’s payment of any charge or agreement to purchase any service or product.
(2) Any person who fits and sells a prescription hearing aid must, at the time of delivery, provide the purchaser with a receipt containing the seller’s signature, the address of her or his regular place of business, and her or his license or trainee registration number, if applicable, together with the brand, model, manufacturer or manufacturer’s identification code, and serial number of the prescription hearing aid furnished and the amount charged for the prescription hearing aid. The receipt must also specify whether the prescription hearing aid is new, used, or rebuilt; the length of time and other terms of the guarantee; and by whom the prescription hearing aid is guaranteed. If the client has requested an itemized list of prices, the receipt must also provide an itemization of the total purchase price, including, but not limited to, the cost of the aid, earmold, batteries and other accessories, and any services. Notice of the availability of this service shall be displayed in a conspicuous manner in the office. The receipt must also state that any complaint concerning the prescription hearing aid and guarantee therefor, if not reconciled with the licensee from whom the prescription hearing aid was purchased, should be directed by the purchaser to the Department of Health. The address and telephone number of such office must be stated on the receipt.
(3) A prescription hearing aid may not be sold to any person unless both the packaging containing the prescription hearing aid and the itemized receipt provided pursuant to subsection (2) carry the following disclaimer in 10-point or larger type: “A hearing aid will not restore normal hearing, nor will it prevent further hearing loss.”
