Interpretation

1  In this regulation:

"Act" means the Hearing Aid Act;

"applicant" means a person who applies to the board to become a registrant:

"hearing aid dealer and consultant" means a registrant engaged in the practice of a hearing aid dealer and consultant;

"registrant" means a person who holds a licence under the Act and is registered as a hearing aid dealer and consultant under the Act.

 Register

2  (1)  The board must maintain a register containing the name, address and place of business of every registrant and the register may be inspected by the public at the office of the Board of Hearing Aid Dealers and Consultants on request during normal business hours.

(2)  A registrant must inform the board of the address of each location where the registrant conducts business as a hearing aid dealer and consultant.

(3)  A registrant must report, in writing, to the board within 30 days, a change of address or place of business.

 Registration

3  (1)  An applicant must submit to the board

(a) a completed application for registration in the form specified by the board,

(b) the registration fee,

(c) letters of recommendation from 2 persons who are not related to the applicant and have known the applicant for more than 2 years, attesting to the good moral character and reputation of the applicant,

(d) a completed statement, in the form specified by the board, certifying that the applicant has not

(i)  contravened or otherwise failed to comply with the Act or this regulation, or

(ii)  taken more than 9 consecutive months to complete the required 840 hours training to meet the training requirements of the Act or this regulation,

(e) a calibration report of each audiometer to be used by the applicant completed not more than one year prior to the date of application,

(f) the business address to be used by the applicant, and

(g) proof, to the satisfaction of the board, of

(i)  effective September, 1996, completion of second year post-secondary education or the equivalent level,

(ii)  proficiency in the use of the English or French language,

(iii)  completion of an educational program in hearing aid dispensing which is established or approved by the board,

(iv)  completion of examinations which are established or recognized by the board, with grades equal to or above the minimum levels established by the board, and

(v)  good character and fitness to practise as a hearing aid dealer and consultant.

(2)  The board may require the applicant to appear before the board in order to determine that the applicant has satisfied the requirements of subsection (1).

(3)  Despite subsection (1) (g) (i), the board may waive the minimum education requirements of an applicant if the board considers that the applicant already possesses the necessary business experience to meet the requirements of the Act and this regulation.

(4)  Despite subsection (1) (d) (ii), the board may waive some or all of the required 840 hours of training if

(a) the board considers that the applicant already possesses the necessary business experience to meet the requirements of the Act or this regulation, and

(b) the applicant has satisfied the requirements of subsection (1) (g) (iv).

(5)  If the required training has been waived under subsection (4) (a), and the applicant has not yet received the results of the examinations completed under subsection (1) (g) (iv), the board may authorize the applicant to practise under the personal on-site supervision and direction of a person holding a valid licence under section 4 (1) until the results of the examination are received.

(6)  The board must register an applicant if the person has met all of the requirements of this section.

(7)  The board may publish the results of the examination completed by the applicant under subsection (1) (g) (iv).

 Requirements for licence

4  (1)  The board must, on payment of the initial licence fee, issue a licence to an applicant whom the board has registered under section 3.

(2)  The board may issue an inactive licence to a person who

(a) is not in active practice as a hearing aid dealer and consultant, and

(b) meets the requirements of section 3 excluding those under section 3 (1) (e) or (f).

(3)  The board may issue a trainee licence for a period of 24 months to a person who

(a) will practise only under the personal on-site supervision and direction of a person holding a valid licence under subsection (1), and

(b) meets the requirements of section 3 excluding those under section 3 (1) (d) (ii), (e), (f) or (g) (iii) or (iv).

(4)  A licence issued under this section must state on its face

(a) the name of the licensee,

(b) the expiry date of the licence, and

(c) the restrictions, if any, which apply to the practice of the licensee.

 Display of licence

5  (1)  A registrant must prominently display the licence in a part of his or her place of business to which the general public has access.

(2)  If a registrant has more than one place of business, he or she must display

(a) the licence, as described in subsection (1), in the main place of business, and

(b) a photocopy of the licence, as described in subsection (1), in each place of business other than the main place of business.

(3)  If a registrant's licence is suspended or cancelled, the registrant must return it and any photocopies of it to the board immediately on being served notice that the licence has been suspended or cancelled.

 Renewal of licence

6  (1)  The registrant applying for renewal of licence must, on or before March 1 of each year, submit to the board the following:

(a) a completed application for renewal of licence, in the form specified by the board;

(b) the licence renewal fee;

(c) proof of completion, to the satisfaction of the board, of continuing education courses required under section 10;

(d) an audiometer calibration report completed within the previous calendar year for each audiometer used by the registrant.

(2)  If a registrant applying for renewal of licence has not been in active practice as a hearing aid dealer and consultant during the previous 12 months, the board may require the registrant to show proof, to the satisfaction of the board, of continuing competency to practise.

(3)  If a registrant fails to satisfy the board under subsection (2) of continuing competency, the board may require the registrant to comply with one or more of the requirements for registration under section 3 (1) (c) to (g) or with requirements for continuing education, in addition to the requirement found in section 11.

(4)  The board must renew a licence on application if all of the requirements under this section and section 10 have been met by the registrant.

(5)  Application for renewal of licence following suspension of licence may be brought only after a minimum of 2 years has elapsed from the date of suspension.

(6)  If a registrant fails to meet all of the requirements for renewal of a licence on or before its due date, the board may, on such terms and conditions as the board considers appropriate, extend the time for a registrant to pay the annual licence fee and these terms may include the requirement to pay a late renewal penalty in addition to the licence renewal fee.

 Sittings for examinations

7  (1)  An applicant for whom an examination is required must

(a) pay the fee prescribed for the examination, and

(b) attend for examination at a time and place established by the board.

(2)  An applicant is not eligible to attend for examination under subsection (1)

(a) more than 3 times without the consent of the board, or

(b) after 2 years from the initial date of registration.

 Examinations for applicants

8  (1)  An applicant for registration must demonstrate satisfactory knowledge of, understanding of and technical ability in matters specified in subsections (2) and (3) in both a written examination and an oral examination.

(2)  An examination of an applicant must test knowledge

(a) in completion of the following procedures:

(i)  masked and unmasked pure tone air conduction threshold determination;

(ii)  masked and unmasked pure tone bone conduction threshold determination;

(iii)  masked and unmasked speech reception threshold determination;

(iv)  masked and unmasked speech discrimination assessment;

(v)  tolerance threshold determination;

(vi)  sound field comparison of aided and unaided performance in the procedures of speech reception threshold, speech discrimination ability and tolerance threshold;

(vii)  determination of the necessity for medical referral;

(viii)  accurate ear impression;

(ix)  functional gain and real ear probe microphone measurement, and

(b) of the following hearing aid parameters:

(i)  gain and method of controlling it;

(ii)  saturation sound pressure level and methods (e.g., circuitry) of controlling it, including

(A)  peak clipping,

(B)  input controlled compression, and

(C)  output controlled compression;

(iii)  frequency response and methods of controlling it;

(iv)  ability to make instrument and circuit selection including programmables;

(v)  post fitting care and rehabilitation.

(3)  An examination of an applicant may also test knowledge of assistive listening devices.

 Examinations for registrants

9  (1)  If there are grounds to believe that a registrant has failed or is failing to maintain adequate levels of knowledge or standards of practice, the board may require that registrant to attend for one or more examinations at a time and place established by the board.

(2)  If a registrant fails to obtain scores acceptable to the board in the examinations under subsection (1), the board may require the registrant to take additional training, courses and examinations which the board considers necessary.

 Continuing education

10  The board must require all registrants who apply for renewal of a licence to show proof of completion, during the previous calendar year, of not less than 10 hours of continuing education in courses approved by the board.

 Fees assessed

11  (1)  The following fees are payable to the board:

(a) on application for registration................................ $300

(b) for initial licence on registration.............................. $300

or the aggregate sum of $25 per month from the date of the issuance of the licence to the following March 31, whichever is less

(c) for complete examination...................................... $200

(d) for partial examination.......................................... $100

(e) on or before March 31, for renewal of licence........... $400

(f) on or before March 31, for an inactive licence........... $150

(g) if an employer of registrants is not licensed under the Act:

(i)  for the first registrant employed.................... $100

(ii)  for each additional registrant employed............ $50

(2)  The cost of a licence will be prorated for the licensing year on board approval of a medical leave of a registrant.

 Accounting of fees and money received

12  The board must maintain a record of all fees and other money received by the board.

 Financial statement

13  On or before September 30 of each year, the secretary treasurer of the board must submit to the board an audited financial statement for the board with respect to the preceding fiscal year ending March 31.

 Meetings of board

14  The board must hold at least one meeting in each quarter of the fiscal year to transact the business of the board.

 Quorum

15  Four members of the board constitute a quorum.

 Private meetings

16  The meetings of the board may be held in private and a person must not disclose, without the consent of the chairperson of the board, the content, discussions or minutes of a meeting of the board.

 Registrant's record

17  A registrant must maintain for a period of not less than 7 years a record showing

(a) the name and address of each person who has consulted the hearing aid dealer and consultant with respect to hearing impairment,

(b) a case history of each person who has consulted the hearing aid dealer and consultant with respect to the person's hearing impairment,

(c) the results of each hearing test conducted on the person by the hearing aid dealer and consultant,

(d) with respect to the sale of a hearing aid

(i)  a consecutive identifying number for each hearing aid sold, the date of sale and the manufacturer's name, model, mark or serial number which identifies the hearing aid with certainty,

(ii)  whether the hearing aid was new or used,

(iii)  the terms of sale of the hearing aid, and

(iv)  the after sales service rendered to the user of the hearing aid or the person providing assistance to the user with respect to the hearing aid.

 Production of records

18  A registrant must, on demand by the board or its agent, produce his or her books of account, accounting records, documents, files, correspondence or other records requested.

 Registrant's standards

19  A registrant must

(a) maintain repair facilities to provide satisfactory repair service,

(b) provide satisfactory after sales service for all hearing aids sold,

(c) if required, provide a custom earmold for a person,

(d) ensure that all audiometric equipment is calibrated to the most recent standards established by the American National Standards Institute and provide the board with an annual calibration report in the format approved by the board,

(e) maintain a high standard of hygiene for all equipment, hearing aids and earmolds, and

(f) not test, fit or sell a hearing aid to a child under 16 years unless that child has previously consulted an otolaryngologist and audiologist, within the previous 6 months, and the registrant has a copy of each diagnosis which recommends the use of a hearing aid.

 Measurements required before fitting hearing aid

20  Before a registrant may fit a person with a hearing aid, the registrant must have audiometric information in respect of that person, obtained within the previous 6 months, which shows the bilateral results of the following measurements:

(a) pure tone audiometry for air conduction and bone conduction;

(b) speech audiometry to obtain the speech reception threshold and discrimination score;

(c) levels of comfort and tolerance.

 Measurement required after fitting hearing aid

21  After a registrant fits a person with a hearing aid, the registrant must obtain the bilateral results of aided and unaided tests either in sound field or probe for fitting validation and verification within 28 days of fitting that person with a hearing aid.

 Promotional activities

22  (1)  For the purpose of this regulation, promotional activities include methods which are used by a registrant, or pursuant to a registrant's direction, for the primary purpose of attracting clients, expanding services or aggrandizing that person's professional reputation and includes, but is not limited to, advertising in print, audio or television media, phone directories, business stationery and cards.

(2)  A registrant may promote services or products offered for sale subject to the following conditions:

(a) the name and place of business of the registrant, and the words "registered under the Hearing Aid Act (B.C.)" must be stated or included;

(b) if the promotion refers to a specific hearing aid, the manufacturer's name, the brand name and the model of the hearing aid must be stated or included.

(3)  A promotion placed by a registrant must not

(a) if the advertisement appears in a British Columbia publication, contain an address for reply which is outside British Columbia,

(b) guarantee a hearing aid, unless a written guarantee is automatically given with every sale of hearing aids at the time of sale or as soon as possible thereafter,

(c) offer a trial period, unless written details are given to the consumer, prior to the trial period,

(d) refer negatively to the physical characteristics of various types and categories of hearing aids,

(e) refer to the medical, psychological or emotional impairment of persons who have a hearing loss,

(f) refer to the degree by which a hearing aid might improve a person's hearing, or

(g) promote unsolicited appointments.

(4)  A registrant must not make a false, misleading or deceptive statement in any promotional activity or sales promotion.

(5)  A registrant must not use a replica of a hearing aid to promote the sale or service of a hearing aid.

 Conduct

23  A hearing aid dealer and consultant must not engage in unethical conduct or misconduct including, but not limited to,

(a) obtaining a fee or making a sale by fraud or misrepresentation,

(b) employing directly or indirectly any person who is not registered under the Act to perform work specified in the Act,

(c) soliciting sales elsewhere than at the registered place of business of the licensee except at the express request of a hearing aid user or potential hearing aid user,

(d) conducting misleading or deceptive hearing tests,

(e) making a reference that discredits the skills and abilities of other registrants under the Act,

(f) engaging in conduct which may alarm or frighten a person into purchasing or nearly purchasing a hearing aid, or

(g) breaching any provision of the Act or this regulation.