SECTION 310:265-1-2. Definitions

  The following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:

"Act" means those statutes relating to Hearing Aid Dealers and Fitters codified at 63 O.S., Sections 1-1750 to 1-1754, as amended.

"Board" means the State Board of Health.

"Commissioner" means the State Commissioner of Health or his/her authorized representative.

"Department" means the Oklahoma State Department of Health.

"Direct on-site supervision" means a licensed hearing aid dealer and fitter shall accompany a temporary permit holder anytime the permit holder is performing the practice of fitting and dealing in hearing aids.

"Established procedures and instrumentation in fitting of hearing aids" means a minimum requirement all hearing tests shall include both air_conduction and bone conduction threshold measurements except in the case of a re-test when there is less than a fifteen (15) dB loss between the current air_conduction threshold and the previous air_conduction threshold and the previous tests showed the loss to be sensorineural.

"Hearing aid" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, but excluding earmolds, batteries, and cords; provided that this definition shall not include lenses or spectacle frame fronts for eyeglass-type hearing aids; except in the case of spectacle frame fronts which include electrical wiring as part of the hearing aid.

"Hearing Screening" means a binary pure tone screening at a preset intensity level for the purpose of determining if an individual screened needs further testing prior to the selection or sale of a hearing aid.

"License" means a license issued by the Commissioner to hearing aid dealers and fitters.

"Practice of fitting and dealing in hearing aids" means those practices used for the purpose of selection, adaptation and sale of hearing aids including direct observation of the ear together with the counseling and instruction pertaining thereto, the testing of human hearing for these purposes and the making of impressions for earmolds.

"Qualified waiver" means a written acknowledgment endorsed by the person supplied with a hearing aid, or his lawfully appointed guardian, that indicates the person supplied with a hearing aid was advised the ambient noise level of the testing environment used to fit a hearing aid exceeded 45 dB on a slow weighted dB (a) scale and the hearing test conducted could result in an inappropriately fitted hearing aid.

"Sell" or "sale" means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.

"Seller" means any person who dispenses a hearing aid to any member of the consuming public.

"Temporary permit" means a permit issued while the applicant is training to become a licensed hearing aid dealer or fitter.

[Source: Amended at 14 Ok Reg 1747, eff 5-27-97; Amended at 15 Ok Reg 118, eff 10-15-97 (emergency); Amended at 15 Ok Reg 3155, eff 7-13-98; Amended at 17 Ok Reg 2929, eff 7-13-00; Amended at 21 Ok Reg 2737, eff 7-12-04; Amended at 24 Ok Reg 1945, eff 6-25-07; Amended at 33 Ok Reg 1522, eff 11-1-16]