A licensed hearing aid dispenser must advise the customer or prospective customer, in writing, that the customer's best interests would be served by consulting a physician prior to the licensed hearing aid dispenser's determination for fitting a hearing aid if the licensed hearing aid dispenser finds any of the following conditions to exist during an examination or consultation:

1. (1) Visible congenital or traumatic deformity of the ear;
2. (2) Active discharge from the ear within the previous ninety days or history of intermittent discharge;
3. (3) Sudden or rapidly progressive hearing loss within the previous ninety days;
4. (4) Acute or chronic dizziness;
5. (5) An air-bone gap of fifteen-to-twenty decibels, or more, in the audiogram; or
6. (6) Visible evidence of excessive buildup of cerumen, or a foreign body, in the ear canal.

Source: SL 1975, ch 16, § 1; 2 SDR 58, effective March 8, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986 ; 52 SDR 35, effective October 7, 2025 .

General Authority: SDCL 36-24- 47 .

Law Implemented: SDCL 36-24- 1.7 .

Prior versions effective: 1986-07-01.