PURPOSE: This rule outlines and explains the professional conduct rep&d of licensed hearing aid dealers and fitters. (1) It will be deemed false, misleading and deceptive for any licensed hearing aid dealer and fitter who fits or sells hearing aids to omit the business name and address from any professional advertisement or communication to the general public. (2) It will be deemed false, misleading and deceptive for any licensed bearing aid dealer and fitter who fits or sells hearing aids to omit the phrase “licensed hearing aid dealer and fitter” or its equivalent from any professional advertisement or communication to the general public. (3) It is incompetency in the practice of selling and fitting hearing aids if each of the following testing procedures is not used before a client is fitted: ir conduction, with masking where ind?!atd;

1. (B) Bone conduction, with masking where appropriate; and
2. (C) Speech reception threshold and word discrimination, utilizing test equipment with a calibrated circuit.
3. (4) The results of these tests shall be recorded in writing and retained in the client’s file for a period of three (3) years from the date of the test.
4. (5) Corporations, partnerships, trusts, associations or other like organizations maintaining an established business address, from which the business of selling or offering to sell hearing aids at retail by licensed individuals occurs, shall exercise the same ethical standards as are applicable to license holders and in no way shall permit or cause either these rules or the provisions of Chapter 346, RSMo to be disregarded or circumvented because that organization does not itself require a hearing aid dealer’s and fitter’s license.
5. (6) All corporations, partnerships, trusts, associations or like organizations, during December, shall annually cause a listing of all hearing aid dealers and fitters directly or indirectly employed by them to be prepared and delivered to the Council for Hearing Aid Division NO-Council

Dealers and Fitters, and must certify by an officer that the organization submits itself to comply with these rules and Chapter 346, RSMo. (7) Sponsors of temporary permit holders must have been licensed in Missouri as hearing aid dealers and fitters for a minimum of two (2) years before they can sponsor an individual on a temporary permit. (8) Violations of this rule will be treated by the department as cause for initiation of disciplinary proceedings against a licensee under section 346.105.2(5) and (6), RSMo. Auth: sections 346.105.2(6) and (14) and 346.155(8), RSMo (1986).” Original rule filed Feb. 9,1982, effective May 13,1982. Amended: Filed March 1, 1984, effectiue July 12, 1984. Amended: Filed July 23, 1986, effectiue Oct. 11, 1986. Amended: Filed May 17, 1989, efjectioe July 27, 1989. Amended: Filed Aug. 3, 1992, effective April 8,1993. “Original authority 1973, amended 1981.

4 CSR 160-2.030 Temporary Permits PURPOSE: This rule allows clarification through reorganization oj the structure of the rule and new language. Those issues being clarified include the process for applying for a temporary permit, responsibilities and requirements of a sponsor, time limits on a temporary permit and applicants for a temporary permit under a surety bond. (1) Individuals seeking to develop the skills and training to obtain licensure under section 346.015, RSMo may apply for a temporary permit to engage in the sale of or practice of fitting hearing aids. Applications for temporary permits shall be made on the forms (see 4 CSR 160-2.010) provided by the division and must be accompanied by the appropriate application fee. (2) A temporary permit shall entitle the holder to engage in the fitting and sale of hearing aids for a period of one (1) year. The temporary permit holder may only engage in the fitting and sale of hearing aids under the supervision of a sponsor who is a person holding a valid hearing aid dealer and fitter license as provided in sections 346.075 and 346.080, RSMo or under surety bond as provided in section 346.080, RSMo. If a temporary permit holder’s sponsor changes, the temporary permit holder shall reapply for a temporary permit under the new sponsor’s name and the for Hearing Aid Dealers and Fitters

division may issue a temporary permit for the remainder of the one (1).year period of original issuance. If a person holding a temporary permit has not successfully passed the licensing exam within the one (@year period, the temporary permit holder may renew the temporary permit once for a period of six (6) months upon payment of the applicable fee. No temporary permit shall be issued for more than eighteen (18) months in any thirty (30).month period, as calculated from the date of original issuance.

1. (3) Each applicant for a temporary permit under the supervision of a sponsor, as provided in section 346.075, RSMo, must indicate on the application form the identity and address of the sponsor. No permit will be issued to an applicant unless the applicant’s sponsor resides or maintains an office within a fifty (50).mile radius of the office address (or home address if no office is maintained) of the temporary permit holder.

2. (4) The sponsor shall be a person licensed under Chapter 346, RSMo. The sponsor shall be responsible for providing all required training. The sponsor shall provide direct onthe-job supervision and control of the temporary permit holder for, and during at least, the first five (5) tests performed upon clients by the temporary permit holder. After that, the sponsor shall meet with the temporary permit holder at least once a week to review the results of the tests performed during that week upon clients by the temporary permit holder without direct supervision.

   1. (A) Each receipt executed by a temporary permit holder also shall be reviewed, approved and signed by the sponsor prior to the dispensing of a hearing aid. The sponsor, by approving the receipt, accepts full responsibility for its accuracy until the temporary permit holder is licensed as a hearing aid dealer and fitter.

   2. (B) It is the sponsor’s responsibility to ensure that the conduct of the temporary permit holder is consistent with the requirements of Chapter 346, RSMo and these regulations. The sponsor may relieve him/ herself of this responsibility only by discharging the temporary permit holder and returning the temporary permit by mail to the Council for Hearing Aid Dealers and Fitters, Division of Professional Registration, P.O. Box 1335,3605 Missouri Boulevard, Jefferson City, MO 65102, together with a letter fully explaining the circumstances under which the temporary permit holder was separated from the sponsor’s employment or supervision.

      (Z/16/93) Judith K. Moriarty

3. (5) No temporary permit holder shall perform any hearing test upon any client, or have any other similar contact with any client, without first being trained in the following areas:

   1. (A) Air conduction testing, with masking when appropriate;
   2. (B) Bone conduction testing, with masking when appropriate;
   3. (C) Speech reception threshold and word discrimination, utilizing test equipment with a calibrated circuit; and
   4. (D) The taking of ear molds. , _
4. (6) Each applicant for a temporary permit under surety bond as provided in section 346.080, RSMo shall verify that a manufacturer is providing adequate and appropriate training or shall identify a person holding a valid hearing aid dealer and fitter license as provided in section 346.080, RSMo, who is providing adequate and appropriate training. Verification shall be provided at the request of the Council for Hearing Aid Dealers and Fitters.

5. (7) Violations of this rule will be treated as misconduct in the practice of fitting and selling hearing aids.

   Auth: sections 346.075, 346.105.2(6) and 346.115(8), RSMo (1986).* Original rule filed Dec. 19,1975, effectiueDec. 29,1975. Refiled Jan. 2, 1976. Rescinded and readopted: Filed Feb. 9, 1982, effective May 13, 1982. Amended: Filed July 23, 1986, effective Oct. 11, 1986. Rescinded and readapted: Filed May 26, 1988, effective Sept. 11, 1988. Amended: Filed Mav 17. 1989. effective Julv 27. 1989. Amended: Filed ‘hug. 3, 19i2, eifeetiue April 8, 1993.

   *Original authority 1973, amended 1981