AB 435: Hearing aids: locked programming software: notice.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-09-23
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. A violation of the act is a crime.
Existing law requires a licensed hearing aid dispenser or a licensed audiologist, upon the consummation of the sale of a hearing aid, to deliver to the purchaser a written receipt containing specified information, including, among other things, the address and office hours at which the licensee is available for servicing of the hearing aid and the terms of any guarantee or written warranty. Existing law requires a licensed hearing aid dispenser or a licensed audiologist to maintain certain records, including a copy of the written receipt, for 7 years and to permit inspection by the board upon reasonable notice.
This bill would refer to a licensed dispensing audiologist instead of a licensed audiologist in the above-described provisions. The bill would require a licensed hearing aid dispenser or a licensed dispensing audiologist, before the consummation of the sale of a hearing aid that uses proprietary programming software or locked, nonproprietary software, as those terms are defined, to provide the purchaser with a written notice in 12-point type or larger that contains specified language informing the purchaser that the hearing aid can only be serviced or programmed at specific facilities or locations. The bill would require the written notice to be signed by the purchaser before the sale and would require the licensed hearing aid dispenser or a licensed dispensing audiologist to maintain a copy of the notice in accordance with the record-keeping requirements described above. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. A violation of the act is a crime.
Existing law requires a licensed hearing aid dispenser or a licensed audiologist, upon the consummation of the sale of a hearing aid, to deliver to the purchaser a written receipt containing specified information, including, among other things, the address and office hours at which the licensee is available for servicing of the hearing aid and the terms of any guarantee or written warranty. Existing law requires a licensed hearing aid dispenser or a licensed audiologist to maintain certain records, including a copy of the written receipt, for 7 years and to permit inspection by the board upon reasonable notice.
This bill would refer to a licensed dispensing audiologist instead of a licensed audiologist in the above-described provisions. The bill would require a licensed hearing aid dispenser or a licensed dispensing audiologist, before the consummation of the sale of a hearing aid that uses proprietary programming software or locked, nonproprietary software, as those terms are defined, to provide the purchaser with a written notice in 12-point type or larger that contains specified language informing the purchaser that the hearing aid can only be serviced or programmed at specific facilities or locations. The bill would require the written notice to be signed by the purchaser before the sale and would require the licensed hearing aid dispenser or a licensed dispensing audiologist to maintain a copy of the notice in accordance with the record-keeping requirements described above. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. A violation of the act is a crime.
Existing law requires a licensed hearing aid dispenser or an a licensed audiologist, upon the consummation of the sale of a hearing aid, to deliver to the purchaser a written receipt containing specified information, including, among other things, the address and office hours at which the licensee is available for servicing of the hearing aid and the terms of any guarantee or written warranty. Existing law requires a licensed hearing aid dispenser or an a licensed audiologist to maintain certain records, including a copy of the written receipt, for 7 years and to permit inspection by the board upon reasonable notice.
This bill would refer to a licensed dispensing audiologist instead of a licensed audiologist in the above-described provisions. The bill would require a licensed hearing aid dispenser or an a licensed dispensing audiologist, before the consummation of the sale of a hearing aid that uses proprietary programming software or locked, non-proprietary nonproprietary software, as those terms are defined, to provide the purchaser with a written notice in 12-point font type or larger that contains specified language informing the purchaser that the hearing aid can only be serviced or programmed at specific facilities or locations. The bill would require the written notice to be signed by the purchaser before the sale and would require the licensed hearing aid dispenser or an a licensed dispensing audiologist to maintain a copy of the notice in accordance with the record-keeping requirements described above. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Speech-Language Pathologists and Audiologists and Hearing Aid Dispensers Licensure Act, provides for the licensure and regulation of speech-language pathologists, audiologists, and hearing aid dispensers by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, which is within the Department of Consumer Affairs. A violation of the act is a crime.
Existing law requires a hearing aid dispenser or an audiologist, upon the consummation of the sale of a hearing aid, to deliver to the purchaser a written receipt containing specified information, including, among other things, the address and office hours at which the licensee is available for servicing of the hearing aid and the terms of any guarantee or written warranty. Existing law requires a hearing aid dispenser or an audiologist to maintain certain records, including a copy of the written receipt, for 7 years and to permit inspection by the board upon reasonable notice.
This bill would require a hearing aid dispenser or an audiologist, before the consummation of the sale of a hearing aid that uses proprietary programming software or locked, non-proprietary software, as those terms are defined, to provide the purchaser with a written notice in 12-point font or larger that contains specified language informing the purchaser that the hearing aid can only be programmed at specific facilities or locations. The bill would require the written notice to be signed by the purchaser before the sale and would require the hearing aid dispenser or an audiologist to maintain a copy of the notice in accordance with the record-keeping requirements described above. By expanding the scope of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensee shall keep and maintain a copy of the notice in accordance with Section 2538.38.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers.
(B)Locked, nonproprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:
(1)The date of consummation of the sale.
(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3)The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(5)The number of the licensees license and the name and license number of any other hearing aid dispenser, temporary licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 2.Section 2538.38 of the Business and Professions Code is amended to read:2538.38.A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensees office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the board or its authorized representatives upon reasonable notice. The records kept shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.
(c)Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
SEC. 3.Section 2539.4 of the Business and Professions Code is amended to read:2539.4.(a)To the extent not inconsistent with federal law, a licensed dispensing audiologist shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensed dispensing audiologist shall keep and maintain a copy of the notice in accordance with Section 2539.10.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers.
(B)Locked, nonproprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensed dispensing audiologist, containing all of the following:
(1)The date of consummation of the sale.
(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3)The address of the principal place of business of the licensed dispensing audiologist, and the address and office hours at which the licensed dispensing audiologist shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(5)The number of the licensed dispensing audiologists license and the name and license number of any other hearing aid dispenser, temporary licensee, or audiologist who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 4.Section 2539.10 of the Business and Professions Code is amended to read:2539.10.A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensed dispensing audiologists office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2539.4 and the written recommendation and receipt required by Section 2539.6, when applicable.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensee shall keep and maintain a copy of the notice in accordance with Section 2538.38.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers.
(B)Locked, nonproprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:
(1)The date of consummation of the sale.
(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3)The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(5)The number of the licensees license and the name and license number of any other hearing aid dispenser, temporary licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 2.Section 2538.38 of the Business and Professions Code is amended to read:2538.38.A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensees office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the board or its authorized representatives upon reasonable notice. The records kept shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.
(c)Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
SEC. 3.Section 2539.4 of the Business and Professions Code is amended to read:2539.4.(a)To the extent not inconsistent with federal law, a licensed dispensing audiologist shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensed dispensing audiologist shall keep and maintain a copy of the notice in accordance with Section 2539.10.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers.
(B)Locked, nonproprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensed dispensing audiologist, containing all of the following:
(1)The date of consummation of the sale.
(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3)The address of the principal place of business of the licensed dispensing audiologist, and the address and office hours at which the licensed dispensing audiologist shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(5)The number of the licensed dispensing audiologists license and the name and license number of any other hearing aid dispenser, temporary licensee, or audiologist who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 4.Section 2539.10 of the Business and Professions Code is amended to read:2539.10.A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensed dispensing audiologists office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2539.4 and the written recommendation and receipt required by Section 2539.6, when applicable.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, non-proprietary nonproprietary programming software, provide the purchaser with a written notice in 12-point font type or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensee shall keep and maintain a copy of the notice in accordance with Section 2538.38.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to non-affiliated nonaffiliated providers.
(B)Locked, non-proprietary nonproprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:
(1)The date of consummation of the sale.
(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3)The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(5)The number of the licensees license and the name and license number of any other hearing aid dispenser, temporary licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 2.Section 2538.38 of the Business and Professions Code is amended to read:2538.38.A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensees office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the board or its authorized representatives upon reasonable notice. The records kept shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.
(c)Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
SEC. 3.Section 2539.4 of the Business and Professions Code is amended to read:2539.4.(a)To the extent not inconsistent with federal law, a licensee licensed dispensing audiologist shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, non-proprietary nonproprietary programming software, provide the purchaser with a written notice in 12-point font type or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensee licensed dispensing audiologist shall keep and maintain a copy of the notice in accordance with Section 2539.10.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to non-affiliated nonaffiliated providers.
(B)Locked, non-proprietary nonproprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensed dispensing audiologist, containing all of the following:
(1)The date of consummation of the sale.
(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(3)The address of the principal place of business of the licensed dispensing audiologist, and the address and office hours at which the licensed dispensing audiologist shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(5)The number of the licensed dispensing audiologists license and the name and license number of any other hearing aid dispenser, temporary licensee, or audiologist who provided any recommendation or consultation regarding the purchase of the hearing aid.
(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 4.Section 2539.10 of the Business and Professions Code is amended to read:2539.10.A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensed dispensing audiologists office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2539.4 and the written recommendation and receipt required by Section 2539.6, when applicable.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, non-proprietary programming software, provide the purchaser with a written notice in 12-point font or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensee shall keep and maintain a copy of the notice in accordance with Section 2538.38.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to non-affiliated providers.
(B)Locked, non-proprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensee shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensee, containing all of the following:
(a)(1)The date of consummation of the sale.
(b)(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(c)(3)The address of the principal place of business of the licensee, and the address and office hours at which the licensee shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(d)(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(e)(5)The number of the licensees license and the name and license number of any other hearing aid dispenser, temporary licensee, or trainee licensee, who provided any recommendation or consultation regarding the purchase of the hearing aid.
(f)(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 2.Section 2538.38 of the Business and Professions Code is amended to read:2538.38.A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her the licensees office or place of business at all times and each record shall be kept and maintained for a seven-year period. All records related to the sale and fitting of hearing aids shall be open to inspection by the board or its authorized representatives upon reasonable notice. The records kept shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2538.35 and the written recommendation and receipt required by Section 2538.36 when applicable.
(c)Records of maintenance or calibration of equipment used in the practice of fitting or selling hearing aids.
SEC. 3.Section 2539.4 of the Business and Professions Code is amended to read:2539.4.(a)To the extent not inconsistent with federal law, a licensee shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, non-proprietary programming software, provide the purchaser with a written notice in 12-point font or larger that states the following: The hearing aid being purchased uses proprietary or locked programming software and can only be programmed at specific facilities or locations. The written notice shall be signed by the purchaser before the sale. The licensee shall keep and maintain a copy of the notice in accordance with Section 2539.10.
(1)For purposes of this subdivision, the following definitions apply:
(A)Proprietary programming software means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to non-affiliated providers.
(B)Locked, non-proprietary programming software means software that any provider can render inaccessible to other hearing aid programmers.
(b)A licensed audiologist shall, upon the consummation of a sale of a hearing aid, deliver to the purchaser a written receipt, signed by or on behalf of the licensed audiologist, containing all of the following:
(a)(1)The date of consummation of the sale.
(b)(2)Specifications as to the make, serial number, and model number of the hearing aid or aids sold.
(c)(3)The address of the principal place of business of the licensed audiologist, and the address and office hours at which the licensed audiologist shall be available for fitting or postfitting adjustments and servicing of the hearing aid or aids sold.
(d)(4)A statement to the effect that the aid or aids delivered to the purchaser are used or reconditioned, as the case may be, if that is the fact.
(e)(5)The number of the licensed audiologists license and the name and license number of any other hearing aid dispenser, temporary licensee, or audiologist who provided any recommendation or consultation regarding the purchase of the hearing aid.
(f)(6)The terms of any guarantee or written warranty, required by Section 1793.02 of the Civil Code, made to the purchaser with respect to the hearing aid or hearing aids.
SEC. 4.Section 2539.10 of the Business and Professions Code is amended to read:2539.10.A licensed audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in his or her the licensed audiologists office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include:
(a)Results of test techniques as they pertain to fitting of the hearing aid.
(b)A copy of the written notice and the written receipt required by Section 2539.4 and the written recommendation and receipt required by Section 2539.6, when applicable.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
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| Sep 23, 2021 | Chaptered by Secretary of State - Chapter 266, Statutes of 2021. |
| Sep 23, 2021 | Approved by the Governor. |
| Sep 7, 2021 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2021 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 30, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2237.). |
| Aug 16, 2021 | Read second time. Ordered to Consent Calendar. |
| Jul 15, 2021 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 30, 2021 | In committee: Hearing postponed by committee. |
| Jun 21, 2021 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| May 12, 2021 | Referred to Com. on B., P. & E.D. |
| Apr 26, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 22, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1152.) |
| Apr 15, 2021 | Read second time. Ordered to Consent Calendar. |
| Apr 14, 2021 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 14). |
| Apr 7, 2021 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 18. Noes 0.) (April 6). Re-referred to Com. on APPR. |
| Mar 15, 2021 | Re-referred to Com. on B. & P. |
| Mar 11, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Feb 12, 2021 | Referred to Com. on B. & P. |
| Feb 5, 2021 | From printer. May be heard in committee March 7. |
| Feb 4, 2021 | Read first time. To print. |
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|---|---|---|---|---|
| Aug 30, 2021 | Consent Calendar AB435 | Senate Floor |
Passed |
|
| Apr 22, 2021 | AB 435 Mullin Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):