1. (a) A person licensed to dispense hearing aids may advertise for the practice of fitting or selling hearing aids in a manner authorized by Section 651 of the Code and this Section as long as the advertising does not promote the unnecessary, inappropriate, or excessive use of such hearing aids or services.
2. (b) An advertisement for the practice of fitting or selling hearing aids is in violation of Section 651 of the Code if it violates any provision of Article 8 of Chapter 5.3 of Division 2 of the Code.

3. (c) Advertising for the practice of fitting or selling hearing aids by a person licensed to dispense hearing aids shall include the following information, unless the following information is provided on an internet website and that internet website address is included in the advertisement:

   1. (1) The address of the principal place of business of the person licensed to dispense hearing aids, and the address and office hours at which the person licensed to dispense hearing aids shall be available for fitting or post-fitting adjustments, and servicing of the hearing aids sold.
   2. (2) The name and license number of all persons licensed to dispense hearing aids at the location advertised, including the letters HA (Hearing Aid Dispenser), HTL (Temporary License), HT (Trainee), or AU (Dispensing Audiologist), as appropriate.

4. (d) In addition to advertisement prohibited under Section 651 of the Code, an advertisement for the practice of fitting or selling hearing aids shall not include:

   1. (1) An educational degree that was not earned or does not specify the exact degree and field in which the degree was earned.
   2. (2) Other than for a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California, the title “doctor” or any variation of this term without specifying the exact field in which the doctoral degree was earned.
   3. (3) A job title that is not clearly identified by the full job title.
   4. (4) A dispenser's certification by a professional organization that is not clearly identified by the full certification title and name of the certifying organization.
   5. (5) An offer to perform a hearing test by a hearing aid dispenser that does not clearly state that the test is being performed in order to fit and sell a hearing aid.
   6. (6) Any description of services required to be performed by a licensed audiologist unless there is a licensed audiologist at the advertised address to perform those services.
   7. (7) Preset appointment information when the consumer has not requested such an appointment.
   8. (8) The use of rebate coupons or rebate checks without informing the consumer of all material facts relating to the advertised price of the hearing aid. Material facts include standard price of the hearing aid, the terms and conditions of the rebate coupon or rebate check, and discounts or sales that are currently available on that hearing aid.
5. (e) An offer for hearing aids or services for the fitting of hearing aids as part of a research or field study does not violate this Section if no sale of hearing aids occurs in connection with the research or field study.

6. (f) Any advertisement shall fully disclose all charges associated with the purchase and fitting of hearing aids. An advertisement for price that uses a sale, discount, or price comparison shall be based on verifiable data that shall be provided to the Board upon request. An advertisement for price that uses a sale, discount, or price comparison must contain the following:

   1. (1) The dollar amount of the non-discounted or compared price for the specific hearing aid or a method for consumers to ascertain the standard price;
   2. (2) The dates on which the sale, discount, or price comparison will be in effect if the sale, discount, or price comparison is a limited time offer; and
   3. (3) Any other terms, conditions, or restrictions imposed in order to qualify for the sale, discount, or price comparison.
7. (g) The person licensed to dispense hearing aids shall retain the data required in subsection (f) for one year after the advertisement is published or disseminated.

8. (h) Any national advertisement run in California shall comply with California laws and regulations.

   1. (1) The advertising described in subsection (h) is exempt from the requirements of subsection (c).
   2. (2) A person licensed to dispense hearing aids is subject to discipline or enforcement action in accordance with Article 4 of Chapter 5.3 of Division 2 of the Code for sales resulting from a national advertisement that violates this Section.

Note: Authority cited: Sections 2531.06 and 2531.95, Business and Professions Code. Reference: Sections 651, 651.3, 2538.10, 2538.11 and 2538.20, Business and Professions Code.

History

1. New section filed 4-10-80; effective thirtieth day thereafter (Register 80, No. 15).

2. Amendment designating first paragraph as subsection (a), adopting new subsections (b)-(c), and amending Note filed 3-10-2000; operative 4-9-2000 (Register 2000, No. 10).

3. Change without regulatory effect amending subsections (a) and (b) and amending Note filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).

4. Amendment of section and Note filed 12-30-2024; operative 4-1-2025 (Register 2025, No. 1).