Development: to up-date 30 day cancellation refund consistent with statute.

 

DEPARTMENT OF HEALTH

Board of Hearing Aid Specialists

RULE NO.:RULE TITLE:

64B6-6.001Thirty-Day Trial Period

PURPOSE AND EFFECT: Development: to up-date 30 day cancellation refund consistent with statute.

SUMMARY: Development: to up-date 30 day cancellation refund consistent with statute.

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: 484.044(1), 484.0512 FS.

LAW IMPLEMENTED: 484.0512 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: Ashleigh Irving, Executive Director, Board of Hearing Aid Specialist, 4052 Bald Cypress Way, Bin # C08, Tallahassee, Florida 32399-3258.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B6-6.001 Thirty-Day Trial Period.

(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 484.0512, F.S. 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.

(3) If the prescription hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day trial period is suspended one day for each 24-hour period that the prescription hearing aid is not in the purchaser’s possession. A repaired, remade, or adjusted prescription hearing aid must be claimed by the purchaser within three working days after notification of availability. The running of the 30-day trial period resumes on the day the purchaser reclaims the repaired, remade, or adjusted prescription hearing aid or on the fourth day after notification of availability.

(4) 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) seller may retain a charge not to exceed $150 on a monaural fitting, and $200 on a binaural fitting for ear molds and services provided to fit the prescription hearing aid. In addition, the purchaser may be charged A cancellation fee not to exceed 5% of the total purchase price of the prescription hearing aid(s) alone.

Rulemaking Authority 484.044(1), 484.0512 FS. Law Implemented 484.0512 FS. History–New 10-4-94, Formerly 61G9-6.0010, Amended 9-14-97, ____________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 02, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 22, 2022