In the event of cancellation within the 30-day trial period, the proposed language makes changes to the method of calculation for hearing aid refunds and cancellation fees. The word “prescription” is added before the words ....

 

DEPARTMENT OF HEALTH

Board of Speech-Language Pathology and Audiology

RULE NO.:RULE TITLE:

64B20-8.009Thirty-Day Trial Period; Purchaser's Right to Cancel; Notice; Refund; Cancellation Fee

PURPOSE AND EFFECT: In the event of cancellation within the 30-day trial period, the proposed language makes changes to the method of calculation for hearing aid refunds and cancellation fees. 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: In the event of cancellation within the 30-day trial period, the proposed language makes changes to the method of calculation for hearing aid refunds and cancellation fees. 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: 468.1246 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:

 

64B20-8.009 Thirty-Day Trial Period; Purchaser’s Right to Cancel; Notice; Refund; Cancellation Fee.

(1) A person selling a prescription hearing aid(s) in the State of Florida must provide the purchaser with written notice of the 30-day trial period and money-back guarantee, as provided in Section 468.1246, Florida Statutes, and subsection 64B20-8.008(3), F.A.C. The terms and conditions of the guarantee as well as the total amount available for refund shall be provided in writing to the purchaser prior to the signing of the contract.

(2) The guarantee shall permit the purchaser to cancel the purchase, for a valid reason, within 30 days of the receipt of the prescription hearing aid(s). A valid reason shall be defined as failure by the purchaser to achieve satisfaction from use of the prescription hearing aid(s), so long as the prescription hearing aid(s) is returned to the seller within the 30-day trial period in good working condition. If the prescription hearing aid(s) must be repaired, remade, or adjusted within the 30-day trial period, then the trial period shall be suspended until the purchaser reclaims the hearing aid(s) or until 4 days after the purchaser is notified that the prescription hearing aid(s) is available to be reclaimed, whichever is earlier. In the event of cancellation within the 30-day trial period, the purchaser shall have the right to receive a refund of the total purchase price, less the charges for earmold(s) and service provided to fit the prescription hearing aid(s) not to exceed $150.00 for monaural and $200 for binaural hearing aid(s), and cancellation fee not to exceed 5% of the total purchase price of the prescription hearing aid(s) alone.

Rulemaking Specific Authority 468.1135(4) FS. Law Implemented 468.1246 FS. History–New 11-30-94, Formerly 59BB-8.009, Amended ______________.

 

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 10, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 27, 2022