The word “prescription” is added before the words “hearing aid(s)” to clarify that the hearing aids, as used in the rule, are not over-the-counter hearing aids as defined in CFR Section 800.30 (2022).

 

DEPARTMENT OF HEALTH

Board of Speech-Language Pathology and Audiology

RULE NO.:RULE TITLE:

64B20-8.008Requirements Regarding Certain Information on the Receipt

PURPOSE AND EFFECT: The word “prescription” is added before the words “hearing aid(s)” to clarify that the hearing aids, as used in the rule, are not over-the-counter hearing aids as defined in CFR Section 800.30 (2022).

SUMMARY: The word “prescription” is added before the words “hearing aid(s)” to clarify that the hearing aids, as used in the rule, are not over-the-counter hearing aids as defined in CFR Section 800.30 (2022).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 468.1135(4) FS.

LAW IMPLEMENTED: 468.1245, 468.1246 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Danielle Terrell, Executive Director, Board of Speech-Language Pathology and Audiology, 4052 Bald Cypress Way, Bin # C06, Tallahassee, Florida 32399-3256.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B20-8.008 Requirements Regarding Certain Information on the Receipt.

(1) The receipt required by Section 468.1245(2), Florida Statutes, shall 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 to: Department of Health, Consumer Services Unit, 4052 Bald Cypress Way, Bin C-75, Tallahassee, Florida 32399-3275, [phone]. This information shall be displayed in 10 Point Type or Larger, on the same side of the receipt where the client signs, and no other telephone number of any other agency, society, or bureau shall be displayed on that side of said receipt.

(2) The receipt required by Section 468.1245(2), Florida Statutes, as well as the packaging containing the prescription hearing aid shall contain the disclaimer “A prescription hearing aid will not restore normal hearing, nor will it prevent further hearing loss” in 10 point type or larger.

(3) The receipt required by Section 468.1245(2), Florida Statutes, shall state, in at least 10 point type, or larger, the following:

30-DAY TRIAL PERIOD AND MONEY BACK GUARANTEE Under Florida law, you, as the person buying a prescription hearing aid(s), have the right to cancel this purchase within 30 days of receiving the prescription hearing aid(s). If the prescription hearing aid(s) must be repaired, remade, or adjusted within the 30-day trial period, then the trial period will stop until the prescription hearing aid(s) is returned to you or until 4 days after you are notified that the prescription hearing aid(s) is ready to be reclaimed, whichever is earlier. In the event that you decide to return the prescription hearing aid(s) within the 30-day trial period, you have the right to receive a refund of the total purchase price, upon return of the prescription hearing aid in good working condition, less a charge not to exceed $150.00 for one prescription hearing aid and $200.00 for two prescription hearing aid(s) to cover costs for earmold(s), services to fit the prescription hearing aid(s), or any follow-up services. In addition, you may be charged a cancellation fee not to exceed 5% of the total purchase price.

Specific Authority 468.1135(4) FS. Law Implemented 468.1245, 468.1246 FS. History–New 4-2-91, Amended 8-21-91, Formerly 21LL-8.008, 61F14-8.008, Amended 11-30-94, Formerly 59BB-8.008, __________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Speech-Language Pathology and Audiology

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Speech-Language Pathology and Audiology

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 14, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 3, 2022