The Board proposes the rule amendment to update minor violations and notices of noncompliance.

 

DEPARTMENT OF HEALTH

Board of Hearing Aid Specialists

RULE NO.:RULE TITLE:

64B6-7.006Minor Violations; Notices of Noncompliance

PURPOSE AND EFFECT: The Board proposes the rule amendment to update minor violations and notices of noncompliance.

SUMMARY: Minor violations and notices of noncompliance will be updated.

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, based upon the expertise and experience of its members, 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: 120.695, 456.073(3), 484.044 FS.

LAW IMPLEMENTED: 120.695, 456.073(3) 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: Jennifer Wenhold, Executive Director, Board of Hearing Aid Specialists, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B6-7.006 Minor Violations; Notices of Noncompliance.

(1) through (2) No change.

(3) A notice of noncompliance in lieu of other actions is authorized only if the violation is not a repeat violation and only if there is only one violation. If there are multiple violations from a single inspection and each is eligible to be handled with a notice of non-compliance, then the Department shall issue a notice of non-compliance for each violation may not issue a notice of noncompliance, but must prosecute the violation under the other provisions of Section 456.073, F.S.

(4) through (5) No change.

(6) The Board hereby establishes the following as minor violations pursuant to Sections 120.695 and 456.073(3), F.S.:

(a) Providing a receipt that does not contain an itemization of the component costs (when requested); the brand, model, and serial number of the hearing aid furnished; a statement as to whether the hearing aid is new, used, or rebuilt; and the length of time and terms of any guarantee (including the name of the guarantor) unless intentional misrepresentation is apparent or suspected. This is considered a minor violation only if the receipt fails to contain only one, but not two or more, of the pieces of information delineated.

(b) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, deceiving, or untruthful, as proscribed by Section 484.056(1)(k), F.S., unless intentional misrepresentation is apparent or suspected.

(c) Representation, advertisement, or implication that a used or rebuilt hearing aid or its repair is guaranteed by the manufacturer without providing full disclosure of the identity of the guarantor, the nature, extent, and duration of the guarantee, and the existence or conditions of limitations imposed upon the guarantee is proscribed by Section 484.056(1)(n), F.S., unless intentional misrepresentation is apparent or suspected.

(d) Failing to make available to prospective purchasers or clients information regarding telecoils, “t” coils, or “t” switches, as required by Sections 484.044(2) and 484.0501(5)(b), F.S., and Rule 64B6-6.002, F.A.C.

(a)(e) No change.

(b)(f) Failing to notify the Board in writing within 30 days of any change of address, as required by Section 484.047(3), F.S., and Rule 64B6-6.008, F.A.C. ; but only if this is the only violation and only if neither the Board nor the Department had been trying to locate the licensee and were unable to do so or had difficulty doing so.

(c)(g) No change.

(h) Selling a hearing aid without having the disclaimer required by Section 484.051(3), F.S., and Rule 64B6-6.010, F.A.C. on the packaging and on the receipt.

(i) Failing to submit to the Board on an annual basis certification of testing and calibration of audiometric equipment, as required by Section 484.056(1)(u), F.S., and Rule 64B6-6.003, F.A.C. Only the failure to submit the certification is a minor violation; if the equipment has not been tested and calibrated annually, as defined in Rule 64B6-6.003, F.A.C., then the matter must proceed through the normal disciplinary process.

(d)(j) Failing to display an active the license in a conspicuous place at the licensee’s regular place of business as required by Section 484.058, F.S., and Rule 64B6-6.008, F.A.C.

(e)(k) No change.

(l) Advertising in a manner that does not include the required statement regarding free or discounted services, pursuant to Section 456.062, F.S.

(m) Practicing on an  inactive or retired status license for three months or less, pursuant to Section 456.036, F.S.

Rulemaking Authority 120.695, 456.073(3), 484.044 FS. Law Implemented 120.695, 456.073(3) FS. History–New 10-15-90, Amended 3-5-91, Formerly 21JJ-7.009, 61G9-7.009, Amended 9-24-97, 10-29-98, 12-20-05, 8-31-06,                          .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Hearing Aid Specialists

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Hearing Aid Specialists

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 25, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 24, 2016