1. A. Each licensee or holder of a temporary permit, in counseling and instructing adult clients and prospective adult clients related to the testing, fitting, and sale of hearing aids, is required to recommend that the client obtain a written statement signed by a licensed physician stating that the patient's hearing loss has been medically evaluated within the preceding six months and that the patient may be a candidate for a hearing aid.

2. B. Should the client decline the recommendation, a statement of such declination must be obtained from the client over his signature. Medical waivers that are a part of purchase agreements must be in a separate section, which must be signed by the client indicating the client's understanding of the medical waiver. A separate, additional client signature space must be provided in all purchase agreements for the client to sign acknowledging the client's understanding of the purchase terms and conditions established by 18VAC80-20-200.

   1. 1. Fully informed adult patients (18 years of age or older) may waive the medical evaluation.
   2. 2. The hearing aid specialist is prohibited from actively encouraging a prospective user to waive a medical examination.
3. C. The information provided in subsection A of this section must be made a part of the client's record kept by the hearing aid specialist.

Statutory Authority

§ 54.1-201 of the Code of Virginia.

Historical Notes

Derived from VR375-01-02 § 5.8, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.