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

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    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

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 48 No. 235, December 6, 2022 issue of the Florida Administrative Register.

    The change is in response to language approved by the Board at the meeting held on March 21, 2023. The rule shall now read as follows:

     

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

    (1) No Change.

    (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 prescription 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 $300.00 for monaural and $600.00 for binaural hearing aid(s), and cancellation fee not to exceed 5% of the total purchase price of the prescription hearing aid(s) alone.

    (3) This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

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

     

    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