Section 240. Physician statement regarding adult client's medical evaluation of hearing loss

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, shall be 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.

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

1. Fully informed adult patients (18 years of age or older) may waive the medical evaluation.

2. The hearing aid specialist is prohibited from actively encouraging a prospective user to waive a medical examination.

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.

Historical Notes

Derived from VR375-01-02 § 5.8, 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.