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Business and Professions Code - BPC - BPC § 2538.20
Business and Professions Code - BPC - BPC § 2538.20
It is unlawful for an individual to engage in the practice of fitting or selling hearing aids, or to display a sign or in any other way to advertise or hold themselves out as being so engaged without having first obtained a license from the board under the provisions of this arti
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Business and Professions Code - BPC - BPC § 2538.21
Business and Professions Code - BPC - BPC § 2538.21
This article does not apply to a person engaged in the practice of fitting hearing aids if their practice is for a governmental agency, or private clinic, or is part of the academic curriculum of an accredited institution of higher education, or part of a program conducted by a p
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Business and Professions Code - BPC - BPC § 2538.22
Business and Professions Code - BPC - BPC § 2538.22
This article does not apply to nor affect any physician and surgeon licensed under Chapter 5 (commencing with Section 2000) of Division 2 who does not directly or indirectly engage in the sale or offering for sale of hearing aids, nor to any audiologist licensed under this chapte
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Business and Professions Code - BPC - BPC § 2538.23
Business and Professions Code - BPC - BPC § 2538.23
(a) Hearing aids may be sold by catalog or direct mail provided that: (1) The seller is licensed as a hearing aid dispenser in this state. (2) There is no fitting, selection, or adaptation of the instrument and no advice is given with respect to fitting, selection, or adaptation
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Business and Professions Code - BPC - BPC § 2538.24
Business and Professions Code - BPC - BPC § 2538.24
Each person desiring to obtain a license to engage in the practice of fitting or selling hearing aids shall make application to the board. The application shall be made upon a form and shall be made in the manner as is provided by the board and shall be accompanied by the fee pro
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Business and Professions Code - BPC - BPC § 2538.25
Business and Professions Code - BPC - BPC § 2538.25
(a) The board shall prepare, approve, grade, and conduct examinations of applicants for a hearing aid dispenser license. The board may provide that the preparation and grading of the examination be conducted by a competent person or organization other than the board, provided, ho
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Business and Professions Code - BPC - BPC § 2538.26
Business and Professions Code - BPC - BPC § 2538.26
The board shall issue a license to all applicants who have satisfied this chapter, who are at least 18 years of age, who possess a high school diploma or its equivalent, who have not committed acts or crimes constituting grounds for denial of licensure under Section 480, and who
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Business and Professions Code - BPC - BPC § 2538.27
Business and Professions Code - BPC - BPC § 2538.27
(a) An applicant who has fulfilled the requirements of Section 2538.24 and has made application therefor, may have a temporary license issued to them upon satisfactory proof to the board that the applicant holds a hearing aid dispenser license in another state, that the licensee
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Business and Professions Code - BPC - BPC § 2538.28
Business and Professions Code - BPC - BPC § 2538.28
(a) An applicant who has fulfilled the requirements of Section 2538.24, and has made application therefor, and who proves to the satisfaction of the board that they will be supervised and trained by a hearing aid dispenser who is approved by the board may have a trainee license i
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Business and Professions Code - BPC - BPC § 2538.29
Business and Professions Code - BPC - BPC § 2538.29
A trainee licensed under Section 2538.28 shall take the licensure examination within the first 12 months after the trainee license is issued. Failure to take the licensure examination within that time shall result in expiration of the trainee license, and it shall not be renewed
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Business and Professions Code - BPC - BPC § 2538.3
Business and Professions Code - BPC - BPC § 2538.3
A person applying for approval as a speech-language pathology assistant shall have graduated from a speech-language pathology assistant associate degree program, or equivalent course of study, approved by the board. A person who has successfully graduated from a board-approved ba
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Business and Professions Code - BPC - BPC § 2538.30
Business and Professions Code - BPC - BPC § 2538.30
(a) A temporary or trainee licensee shall not be the sole proprietor of, manage, or independently operate a business that engages in the fitting or sale of hearing aids. (b) A temporary or trainee licensee shall not advertise or otherwise represent that they hold a license as a h
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Business and Professions Code - BPC - BPC § 2538.31
Business and Professions Code - BPC - BPC § 2538.31
Practical examinations shall be held by the board at least twice a year. The time and place of any practical examination shall be fixed by the board at least 45 days prior to the date it is to be held.
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Business and Professions Code - BPC - BPC § 2538.32
Business and Professions Code - BPC - BPC § 2538.32
Every applicant who obtains a passing score determined by the Angoff criterion-referenced method of establishing the point in each examination shall be deemed to have passed that examination. An applicant shall pass the written examination before they may take the practical exami
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Business and Professions Code - BPC - BPC § 2538.33
Business and Professions Code - BPC - BPC § 2538.33
(a) Before engaging in the practice of fitting or selling hearing aids, each licensee shall notify the board in writing of the address or addresses where they are to engage, or intend to engage, in the practice of fitting or selling hearing aids, and of any changes in their place
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Business and Professions Code - BPC - BPC § 2538.34
Business and Professions Code - BPC - BPC § 2538.34
(a) Every licensee who engages in the practice of fitting or selling hearing aids shall have and maintain an established retail business address to engage in that fitting or selling, routinely open for service to customers or clients. The address of the licensee’s place of busine
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Business and Professions Code - BPC - BPC § 2538.35
Business and Professions Code - BPC - BPC § 2538.35
(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 lar
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Business and Professions Code - BPC - BPC § 2538.36
Business and Professions Code - BPC - BPC § 2538.36
(a) Whenever any of the following conditions are found to exist, either from observations by the licensee or based on information furnished by the prospective hearing aid user, a licensee shall, before fitting or selling a hearing aid to any individual, suggest to that individual
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Business and Professions Code - BPC - BPC § 2538.37
Business and Professions Code - BPC - BPC § 2538.37
No hearing aid shall be sold by an individual licensed under this chapter, to a person 16 years of age or younger, unless within the preceding six months a recommendation for a hearing aid has been made by both a board-certified, or a board-eligible physician specializing in otol
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Business and Professions Code - BPC - BPC § 2538.38
Business and Professions Code - BPC - BPC § 2538.38
A licensee shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensee’s 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 ai
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Business and Professions Code - BPC - BPC § 2538.39
Business and Professions Code - BPC - BPC § 2538.39
A hearing aid dispenser who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by any licensee or licensees at that location.
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Business and Professions Code - BPC - BPC § 2538.40
Business and Professions Code - BPC - BPC § 2538.40
(a) Upon denial of an application for license, the board shall notify the applicant in writing of the following: (1) The reason for the denial. (2) That the applicant has a right to a hearing under Section 2533.2 if they make a written request within 60 days after notice of denia
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Business and Professions Code - BPC - BPC § 2538.41
Business and Professions Code - BPC - BPC § 2538.41
Before setting aside the revocation or suspension of any license or modifying the probation of any licensee, the board may require the petitioner to pass the regular examination given for applicants for licenses.
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Business and Professions Code - BPC - BPC § 2538.42
Business and Professions Code - BPC - BPC § 2538.42
Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) n
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Business and Professions Code - BPC - BPC § 2538.43
Business and Professions Code - BPC - BPC § 2538.43
It is unlawful to sell or barter, or offer to sell or barter, any license issued by the board.