Section 220. Purchase agreement

A. Each hearing aid shall be sold through a purchase agreement which shall:

1. Show the licensee's business address, license number and business telephone number and signature;

2. Comply with federal and Virginia laws and regulations, United States Food and Drug Administration (FDA) regulations, the Virginia Home Solicitation Sales Act (Chapter 2.1 of Title 59.1 of the Code of Virginia), and the Virginia Consumer Protection Act (Chapter 17 of Title 59.1 of the Code of Virginia);

3. Clearly state, if the hearing aid is not new and is sold or rented, that it is "used" or "reconditioned," whichever is applicable, including the terms of warranty, if any. The hearing aid container shall be clearly marked with the same information contained in the purchase agreement.

4. Identify the brand names and model of the hearing aid being sold, and the serial number of the hearing aid shall be provided, in writing, to the purchaser or prospective purchaser at the time of delivery of the hearing aid;

5. Disclose the full purchase price;

6. Disclose the down payment and periodic payment terms in cases where the purchase price is not paid in full at delivery;

7. Disclose any nonrefundable fees;

8. Disclose any warranty;

9. Explain the provisions of § 54.1-1505 of the Code of Virginia, which entitles the purchaser to return the hearing aid, in the 10-point bold face type that is bolder than the type in the remainder of the purchase agreement; and

10. Disclose that the licensee or temporary permit holder is not a physician licensed to practice medicine in Virginia and that no examination or representation made shall be regarded as a medical examination, opinion or advice;

B. Subdivision A 10 of this section shall not apply to sales made by a licensed hearing aid specialist who is a physician licensed to practice medicine in Virginia.

Historical Notes

Derived from VR375-01-02 § 5.6, eff. December 4, 1989; amended, Volume 07, Issue 11, eff. March 27, 1991; Volume 08, Issue 06, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003.

Statutory Authority

§ 54.1-201 of the Code of Virginia.