64B6-2.002. Definitions

For the purpose of all rules regulating Hearing Aid Specialists the following definitions apply:

(1) Prescription Hearing Aid means a hearing aid or amplifying sound device that is not an Over-the-Counter Hearing Aid (OTC) as defined in Medical Devices; Ear, Nose, and Throat Devices; Establishing Over-the-Counter Hearing Aids, 21 CFR Section 800.30 (2022), which is specifically incorporated by reference herein, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15423. Hearing aids intended for people younger than 18 years of age are prescription hearing aids.

(2) Over-the-Counter Hearing Aid (OTC) means certain air-conduction hearing aids regulated by the Food and Drug Administration (FDA), in accordance with 21 CFR Section 800.30 (2022), intended for people 18 years of age and older who have perceived mild to moderate hearing loss.

(3) “Actively practicing” means dispensing prescription hearing aids directly to clients at least twelve (12) months, as shown by at least two sales receipts per month for at least twelve (12) months, each receipt bearing the applicant’s signature and address of place(s) of business.

(4) “At least twelve (12) months of full-time experience as a legally practicing hearing aid specialist in another state” means presenting to the Board:

(a) The law or rule, if any, of the other state under which the applicant was permitted to practice without a license, along with whatever documentation is necessary to show that the law or rule was complied with; and,

(b) At least two sales receipts per month for at least twelve (12) months, each receipt bearing the applicant’s signature and address of place(s) of business; or

(c) A statement from the applicant’s previous employer(s) that the applicant was employed for at least twelve (12) months and had an average of at least two (2) sales per month for at least twelve (12) months, as evidenced by receipts.

(5) “Next available examination” means the first licensure examination approved by the Department after a trainee fails the examination or “repeats” a training program for the purpose of retaking the examination.

(6) “First available examination” means the first licensure examination approved by the Department after completion of the training program referred to in Section 484.0445, F.S., or the first licensure examination approved by the Department after the applicant has been certified for examination by the Board.

Rulemaking Authority 484.044, 484.0445, 484.045 FS. Law Implemented 484.0445, 484.045 FS. History–New 12-21-86, Amended 5-22-90, Formerly 21JJ-2.002, 61G9-2.002, Amended 10-8-02, 3-2-22, 7-3-23.