SECTION 310:265-5-4. Receipts

(a)   Any person who practices the fitting and sale of hearing aids shall deliver to each person supplied with a hearing aid a receipt which shall contain the licensee's signature and show his business address, (a post office box number by itself does not meet the requirement of a business address), and number of his State license, together with specifications as to the make and model of the hearing aid furnished, with full terms of the sale clearly stated. If an aid which is not new is sold, the receipt shall be clearly marked as "used" or "reconditioned", whichever is applicable, with terms of guarantee, if any.

(b)   Such receipt shall bear in no smaller type than the largest used in the body copy portion the following: "Any examination or representation made by a licensed hearing aid dealer and fitter in connection with the fitting and selling of this hearing aid is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and therefore must not be regarded as medical opinion or advice. Further, it is recommended that medical advice from a licensed physician should be obtained."

(c)   No receipt for a hearing aid shall be valid without the original signature of a licensed hearing aid dealer and fitter. Said receipt shall constitute a contract of sale between the hearing aid dealer and fitter and the purchaser. The holder of a temporary license may not issue a receipt unless the original signature of the direct supervisor also appears on the receipt. Said receipt shall have the state license number of both the licensed hearing aid dealer and fitter and the temporary licensed person.

(d)   The hearing aid dealer and fitter may retain a cancellation fee of 10% or $150 per aid, whichever is less, of the purchase price of the hearing aid(s). The guarantee must entitle the purchaser, upon cancellation for any reason within the 30-day period after taking possession of the hearing aid(s), to receive the full refund less the cancellation fee. Said refund shall be provided to the purchaser within 30 days after the return of the hearing aid(s). If the hearing aid must be repaired, remade or adjusted during the 30-day refund period, the running of the 30-day period is tolled for any period during which the hearing aid provider takes possession or control of a hearing aid after its original delivery.

(e)   The hearing aid provider shall provide a written receipt or contract to the purchaser that includes, in immediate proximity to the space reserved for the signature of the purchaser, the two specific statements as set forth in Appendix A, in all bold-faced type capital letters no smaller than the largest print used in the written receipt or contract.

(f)   The following information and measurements shall be included in each customer/patient file or permanent record, and be documented for the client:

(1)   A description, including location of any visible, congenital or deformity of the ear.

(2)   Whether the client has active, or a history of, drainage from the ear within the last 90 days.

(3)   Whether the client has acute or chronic dizziness.

(4)   Whether the client has unilateral hearing loss of a sudden or recent onset within the previous 90 days.

(5)   Whether the client has a history of sudden or rapidly progressive hearing loss within the previous 90 days.

(6)   Whether the client has an Audiometric Air Bone Gap equal to or greater than 15 decibels at 500 Hertz, 1000 Hertz and 2000 Hertz.

(7)   Whether the client has visible evidence of significant cerumen accumulation or a foreign body in the ear canal.

(8)   Whether the client has pain or discomfort in the ear.

[Source: Amended at 15 Ok Reg 118, eff 10-15-97 (emergency); Amended at 15 Ok Reg 3155, eff 7-13-98; 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]