---
title: "RSA 137-F Hearing Care Providers"
id: 4affa2df-0244-45a0-8342-477a01cb1c32
authority: us-nh
place: "New Hampshire"
applies_also_from: [us]
kind: statute
in_force: true
number: "137-F"
publisher_url: https://gc.nh.gov/rsa/html/X/137-F/137-F-mrg.htm
solon_url: https://solon.orangecat.ch/law/4affa2df-0244-45a0-8342-477a01cb1c32
language: en
in_force_from: 2007-06-19
date_basis: retrieved
status: consolidated
source_url: https://web.archive.org/web/20070619071617id_/https://www.gencourt.state.nh.us/rsa/html/X/137-F/137-F-mrg.htm
copied_from: internet_archive
copy_captured_on: 2007-06-19
read_on: 2026-11-08
sha256: ddad1d3216bab838947dfa942885e940731bbd1d321971fc2f24a02d0adae5bb
provisions: 32
---

# RSA 137-F Hearing Care Providers

## 137-F:1 Statement of Purpose. {#sec_137-F-1}

It is the policy of the state to safeguard the public health, safety, and welfare; to protect the public from being misled by incompetent, unscrupulous, and unprofessional conduct by hearing care providers; and to assure the availability of the highest possible quality hearing care services to the people of this state. It is therefore necessary to regulate hearing aid dealers and audiologists who provide hearing care services to the public.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:2 Definitions. {#sec_137-F-2}

I. ""Audiologist'' means any person who renders or offers to render to the public any service involving the application of principles, methods, and procedures for the measurement of testing, identification, appraisal, consultation, counseling, instruction, and research related to the development and disorders of hearing and vestibular function for the purpose of diagnosing, designing, and implementing programs for the amelioration of such disorders and conditions.
II. ""Audiology'' means the application of principles, methods, and procedures related to the development and disorders of human communication, which disorders shall include any and all conditions whether of organic or nonorganic origin, that impede the normal processes of human communication and balance including, but not limited to, disorders of hearing, vestibular function, and central auditory processing.
III. ""Board'' means the board of hearing care providers.
IV. ""Hearing aid'' means any wearable instrument or device designed for or offered for the purpose of or represented as aiding or compensating for impaired human hearing and any parts or attachments, including ear molds, but excluding batteries and cords or accessories thereto, or equipment, devices, and attachments used in conjunction with services provided by a public utility company.
V. ""Hearing aid dealer'' means any person engaged in the testing of human hearing for the purpose of selecting, fitting, or otherwise dealing in hearing aids.
VI. ""Otolaryngologist'' means a physician licensed in the state of New Hampshire who specializes in medical problems of the ear, nose, and throat, and is eligible for qualification by the American Board of Otolaryngology as an otolaryngologist.
VII. ""Practice of audiology'' means, but shall not be limited to:
(a) Screening, identifying, assessing, interpreting, diagnosing, rehabilitating, and preventing hearing disorders.
(b) Rendering to individuals or groups of individuals, who are suspected of having hearing disorders, basic and comprehensive audiological and vestibular site-of-lesion tests, including otoscopic examinations, electrophysiologic test procedures, and auditory evoked assessment.
(c) Rendering basic and comprehensive auditory and vestibular habilitative and rehabilitative services, including aural rehabilitative assessment and therapy, vestibular rehabilitative assessment and therapy, and speech and language screening.
(d) Providing basic and comprehensive audiological and psychoacoustic evaluations for the purpose of determining candidacy for amplification or assistive alerting/listening devices; providing tinnitus evaluations and therapy; providing hearing aid fitting and orientation; taking ear impressions; and providing hearing aid product dispensing, repair, and modification.
(e) Providing preoperative evaluation and selection of cochlear implant candidacy and post-implant rehabilitation.
(f) Providing occupational hearing conservation.
VIII. ""Rental or selling of hearing aids'' means the selection, adaptation, and sale or rental of hearing aids. Also included is the making of impressions for ear molds and instruction pertaining to the use of hearing aids.
IX. ""Sell'' or ""sale'' means any transfer of title or of the right of use by sale, conditional sales contract, lease bailments, hire-purchase or any other means, excluding wholesale transactions of dealers and distributors.
X. ""Days'' means Monday through Friday, excluding official holidays.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:3 Board of Hearing Care Providers; Administrative Attachment. {#sec_137-F-3}

I. There shall be a board of hearing care providers, each to be appointed by the governor, with the approval of the council.
II. The board shall consist of 2 audiologists licensed to practice audiology in the state, who have been practicing in this state for at least one year immediately preceding appointment, except that the first audiologist members appointed to the board shall meet the eligibility requirements for licensure specified in this chapter; one licensed otolaryngologist currently practicing in the state; 2 non-audiologist hearing aid dealers registered to dispense hearing aids in the state, who have been practicing in this state for at least one year immediately preceding appointment, except that the first hearing aid members appointed to the board shall meet the eligibility requirements for registration specified in this chapter; and 2 members of the public who are not associated with or financially interested in the practice or business of audiology or the dispensing of hearing aids, who are not members of allied or related professions or occupations.
III. No member of the board shall serve concurrently in an elected, appointed, or employed position in any other state-level organization representing audiologists or hearing aid dealers, if it would present a conflict of interest.
IV. (a) Appointments to the board shall be for 2 years except that one of the first 2 audiologists and one of the first 2 hearing aid dealers shall serve one-year terms. A member shall hold office until a successor has been appointed. No member may serve more than 2 consecutive terms.
(b) The governor and council may remove any member of the board for malfeasance, misfeasance, or nonfeasance pertaining to the duties of the board.
(c) The board shall review and take action on all applications for licensure, renewal, and reinstatement licenses for audiologists.
V. Members of the board shall receive mileage incurred while conducting the business of the board.
VI. Appropriations to fund the board shall not exceed fee revenues from fees imposed by the board.
VII. A quorum of the board shall be 4 members.
VIII. The board shall be an administratively attached agency, under RSA 21-G:10, to the department of health and human services.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:4 Board Subcommittees. {#sec_137-F-4}

I. There shall be 2 subcommittees of the board:
(a) The hearing aid dealers subcommittee, which shall consist of the 2 non-audiologist hearing aid dealer members of the board and one of the public members.
(b) The audiology subcommittee, which shall consist of the 2 audiologist board members, the otolaryngologist board member, and one of the public members.
II. Each subcommittee shall advise the board regarding rulemaking in the subcommittee's area of expertise.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:5 Powers and Duties of the Board. {#sec_137-F-5}

The powers and duties of the board include:
I. Accepting applications for certificates of registration for hearing aid dealers under this chapter, and approving or denying such applications.
II. Renewing certificates of registration for hearing aid dealers.
III. Suspending or revoking certificates of registration for hearing aid dealers upon the grounds listed in RSA 137-F:18, and conducting investigations and hearings regarding the denial, suspension, revocation, and renewal of certificates.
IV. Accepting applications for licensure for audiologists under this chapter, and approving or denying such applications.
V. Renewing licenses for audiologists.
VI. Suspending or revoking licenses for audiologists upon the grounds listed in RSA 137-F:18, and conducting investigations and hearings regarding the denial, suspension, revocation, and renewal of certificates.
VII. Accepting written complaints from the public against registrants or licensees, and conducting necessary investigations of such complaints.
VIII. Publicizing the complaint procedure.
IX. Reporting to the governor and council annually on the activities conducted under this chapter.
X. Imposing administrative fines against hearing care providers on the grounds listed in RSA 137-F:18.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:6 Rulemaking. {#sec_137-F-6}

The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The form and content of audiologist license applications and examinations.
II. The form and content of hearing aid dealer registration applications and examinations.
III. Conditions of licensure under RSA 137-F:13.
IV. Conditions of registration under RSA 137-F:9.
V. License and registration application fees, examination fees, renewal fees, and any other fees required under this chapter, provided that the fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.
VI. The conditions under which an applicant from another jurisdiction may be issued an audiologist license.
VII. The conditions under which an applicant from another jurisdiction may be issued a certificate of registration.
VIII. Requirements for continuing professional education and competency of audiologists.
IX. Requirements for continuing professional education and competency of hearing aid dealers.
X. Expiration of licenses and registrations.
XI. The sale and fitting of hearing aids.
XII. The conduct of investigations and hearings under this chapter, consistent with due process requirements.
XIII. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under this chapter.
XIV. A schedule of administrative fines which may be imposed for violations of this chapter or the rules adopted pursuant to it.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:7 Limitation of Authority. {#sec_137-F-7}

In the administration of this chapter, the board shall have no authority to adopt rules other than those specifically authorized in this chapter.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:8 Registration of Hearing Aid Dealers Required. {#sec_137-F-8}

No person shall engage in the business of selling or offering for rent hearing aids unless such person is registered in accordance with this chapter and unless the registration of such person is current and valid. This section includes the selling or renting of hearing aids by mail in this state by a person outside the state. Registration certificates shall be renewed annually on or before June 30.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:9 Application for Registration; Fees. {#sec_137-F-9}

I. An application for a certificate of registration under this chapter shall be filed with the board in such form and detail as required in accordance with rules adopted under RSA 541-A, shall be duly signed and verified, shall be available for public inspection, and shall include, but not be limited to:
(a) The name and the business address of the applicant; if an individual, the name under which the person intends to conduct business; if a partnership, the name and business address of each member thereof, and the name under which the business is to be conducted; if a corporation, the name of the corporation and the name and business address of each of the officers of the corporation.
(b) The place or places, including the complete address or addresses, where the business is to be conducted.
II. Any applicant for registration or renewal of registration under this chapter who applies on or after January 1, 1997, shall pay an initial, nonrefundable application fee of $150.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:10 Issuance of Certificate. {#sec_137-F-10}

Except as provided in RSA 137-F:18, the board shall issue a certificate of registration to any person who files an application for such certificate accompanied by the required application and registration fees within 30 days after the filing of such application.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:11 Audiology Licensure Required. {#sec_137-F-11}

I. No person shall practice audiology or represent oneself as an audiologist in this state, unless such person is licensed in accordance with the provisions of this chapter.
II. The board shall license each applicant who satisfies the requirements of this chapter. Upon payment of a license fee, the board shall issue to such person a certificate of licensure which shall be evidence of the right to practice as an audiologist.
III. No person may represent oneself or use the following words to represent oneself: audiologist, audiology, audiometry, audiometrist, audiological, audiometrics, hearing therapy, hearing therapist, hearing clinic, hearing aid audiologist, or any other variation or synonym which expresses, employs, or implies these terms or functions unless the person has been duly licensed as an audiologist.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:12 Persons or Practices Affected. {#sec_137-F-12}

I. Nothing in this chapter shall be construed to prohibit a student enrolled in a school or courses in audiology, approved by the board in cooperation with the American-Speech-Language-Hearing-Association, from performing audiology which is incidental to a course of study of supervised field work.
II. Nothing in this chapter shall prohibit persons registered or otherwise licensed in this state under any other law from engaging in the practice for which they are registered or licensed.
III. Any person designated by the title intern, trainee, student, or by any other such title clearly indicating the status appropriate to such level of education shall be exempt from licensure requirements, provided the person is under the supervision of a person licensed by this state to practice audiology.
IV. Nothing in this chapter shall prohibit or restrict the practice of any physician licensed to practice medicine and surgery.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:13 License Requirements; Fees. {#sec_137-F-13}

I. To be eligible for licensure by the board as an audiologist, an applicant shall:
(a) Make application to the board, upon a form prescribed by the audiology subcommittee.
(b) Pay to the board the appropriate license application fee.
(c) Possess at least a master's degree in audiology from an educational institution approved by the board which consists of course work approved pursuant to rules adopted by the board pursuant to RSA 541-A.
(d) Complete supervised clinical practicum experience at an educational institution or its cooperation programs, approved pursuant to rules adopted by the board pursuant to RSA 541-A.
(e) Pass an examination specified by the board in rules adopted under RSA 541-A.
(f) Complete a supervised postgraduate professional experience.
(g) Demonstrate sufficient evidence of good professional character and reliability to satisfy the board that the applicant shall faithfully and conscientiously avoid professional misconduct and otherwise adhere to the requirements of this chapter.
(h) If applicable, submit proof of licensure in another state in which the licensure requirements are equivalent to or greater than those in this chapter.
II. All applicants for licensure or renewal of licensure under this chapter who apply on or after January 1, 1997, shall pay an initial application fee of $150.
III. (a) A license shall be restored after a period of nonrenewal of less than 2 years, if the person pays to the board a restoration fee consisting of the current renewal fee plus any late fee established by rules adopted by the board pursuant to RSA 541-A and submits such evidence of continued professional competence and eligibility for licensure as the board may require.
(b) Any person who fails to renew a license within 2 years after its expiration date may apply for and obtain a new license upon meeting the requirements of this chapter and paying to the board the appropriate fee.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:14 Interim License. {#sec_137-F-14}

I. An applicant who satisfies all requirements for licensure except completion of a supervised postgraduate professional experience as required by RSA 137-F:13, I(f) may apply for an interim license. Upon receiving such an application the board shall issue an interim license, which entitles the applicant to practice audiology under supervision of a licensed audiologist while completing requirements for licensure.
II. No interim license may be issued by the board under this section unless the applicant shows to the satisfaction of the board that the applicant shall be supervised and trained by a person who holds an audiology license.
III. The interim license shall be effective for one year and may be renewed by the board.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:15 Temporary License. {#sec_137-F-15}

I. A temporary license may be granted for up to 120 days to a person who has moved to this state from another jurisdiction, if the person holds an audiologist's license in the other jurisdiction and the other jurisdiction's requirements for licensure are greater than or equal to the requirements in this state, and the person has applied for a license under this chapter.
II. A temporary license issued under this section shall expire no later than 120 days after issuance. The date shall be stated on the license.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:16 Persons From Other Jurisdictions; Licensure. {#sec_137-F-16}

The board may waive licensure requirements for an applicant who:
I. Is licensed by another jurisdiction where the requirements for licensure are greater than or equal to those required in this state; and
II. Is practicing audiology 20 days or less in New Hampshire in any calendar year.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:17 Prohibited Acts. {#sec_137-F-17}

No person shall:
I. Practice audiology or act or advertise as an audiologist without holding a license issued pursuant to this chapter.
II. Fail to comply with an order of the board issued pursuant to this chapter.
III. Fail to comply with a rule adopted pursuant to this chapter.
IV. Hire as an audiologist any person not holding a license issued pursuant to this chapter.
V. Practice audiology in violation of this chapter.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:18 Refusal to Issue License or Registration; Revocation or Suspension. {#sec_137-F-18}

I. After notice and opportunity for hearing, as provided under RSA 541-A, the board may revoke, suspend, or refuse to issue any license or registration under this chapter if the licensee, registrant, or applicant:
(a) Violates this chapter or any rule adopted or order issued under this chapter.
(b) Endangers, or is likely to endanger, the public health, safety, or welfare.
(c) Knowingly makes any false statement:
(1) Regarding the application or license under this chapter or before any other professional licensing organization.
(2) To a health care provider or the person's employer.
(3) In any report the board may require.
(d) Practices audiology or any audiology specialty in a grossly or repeatedly negligent manner.
(e) Is guilty of unprofessional, dishonest, or unethical conduct including, but not limited to, conduct which violates the code of ethics of the American Academy of Audiology.
(f) Is convicted of a criminal offense which indicates to the board that the licensee or registrant cannot be entrusted to serve the public as an audiologist or hearing aid dealer.
(g) Has violated any trade practice rule for the hearing aid industry as adopted by the United States Federal Trade Commission, or the United States Food and Drug Commission.
II. A licensee, registrant, or applicant aggrieved by a final decision of the board under this section may appeal such decision pursuant to RSA 541.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:19 Reinstatement After Suspension. {#sec_137-F-19}

An audiologist seeking reinstatement of a suspended license, or a hearing aid dealer seeking reinstatement of a suspended registration, shall submit the following to the board:
I. A written request to the board explaining the appropriateness of reinstatement of the license or registration.
II. The required license or registration application and fee.
III. Evidence of competency to practice as established by the board, which shall include, for audiologists, continuing education, passage of the standardized examination, and practice under the supervision of another licensed audiologist for a period of time set by the board.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:20 License Renewal. {#sec_137-F-20}

A license issued under RSA 137-F:13 shall expire at 12:01 a.m. on July 1 of the odd year next succeeding its date of issuance. Every person licensed under this chapter who wishes to renew a license shall, on or before the expiration date, pay a fee for renewal of license to the board. The board shall notify each person licensed under this chapter of the date of expiration of such person's license and the renewal fee required. The notice shall be mailed to such person's last known address as provided to the board at least 60 days in advance of the expiration of such license. Renewals are contingent upon evidence of 20 hours or the equivalent in continuing education units, including, but not limited to, attending professional meetings or completing approved independent studies and regional in-service programs, as determined by the board.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:21 Investigatory Power of the Board; Complaints. {#sec_137-F-21}

I. All subpoenas, investigations, appointments of legal counsel, experts, investigators, and other such investigatory provisions allowed under this chapter shall be approved by the department of justice.
II. The board shall investigate misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order establishing the general scope of the investigation. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from public disclosure provisions of RSA 91-A unless such information subsequently becomes the subject of a public disciplinary hearing. The board shall disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction or in accordance with specific statutory requirements or court orders. The board shall notify any licensee being investigated of such investigation and the nature of the misconduct within 10 days of the commencement of the investigation.
III. The board may appoint legal counsel, audiology experts, hearing aid dealer experts, hearing officers, or other investigators to assist with any investigation or with adjudicatory hearings.
IV. The board may commence a formal or informal investigation, or an adjudicative hearing concerning allegations of misconduct and other matters within the scope of this chapter on its own motion or upon written complaint of any person which charges that a person licensed by the board has committed unprofessional conduct. The type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis.
V. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena client records, as provided in paragraph VI, during formal investigations.
(b) The board shall serve any subpoena except as provided in paragraph VI in accordance with the procedures and fee schedules established by the superior court, except that:
(1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state.
(2) The board shall not be required to tender witness fees and mileage expenses in advance of the subpoena if the subpoena is annotated, ""fees guaranteed by the New Hampshire board of audiology''.
(3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter.
VI. The board may at any time subpoena client records from hospitals and other health care providers of facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required.
VII. At least 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter.
VIII. Any complaint of misconduct by a licensee shall be in writing and shall be treated as a petition for the commencement of a disciplinary hearing. The board shall investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may summarily be denied in whole or in part. Some or all of the allegations in the complaint may be consolidated with another complaint or with issues which the board decides to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement.
IX. At the commencement of an adjudicatory proceeding, or at the commencement of a formal or informal investigation, and without issuing a subpoena, the board shall mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of the licensee's office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a time specified by the board, provided that such time shall not be less than 15 days.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:22 Hearings, Decisions, and Appeals. {#sec_137-F-22}

I. An adjudicatory hearing shall be an open public proceeding. Any member of the board may preside at such a hearing and may issue oaths or affirmations to witnesses.
II. The board shall furnish the licensee or any other respondent at least 15 days' written notice of the date, time, and place of a hearing, except as otherwise provided in this chapter. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board's own motion, or both. If a written complaint is involved, the complainant shall also receive a written copy of the hearing notice and shall be provided with a reasonable opportunity to intervene as a party.
III. Any person appearing at a board hearing or investigation may be represented by legal counsel, but the board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.
IV. The board may at any time dispose of issues or allegations at an adjudicatory hearing, or investigation, by default, settlement agreement, or consent order by issuing an order of dismissal for failing to state a proper basis for disciplinary action or by summary judgment order based upon undisputed material facts. In disciplinary hearings, the board may hold pre-hearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be available to the public.
V. Adjudicatory decisions and final disciplinary actions of the board shall be by the majority of the board members participating in the decision. Such decisions shall not be public until they have been reduced to writing, signed by a representative of the board, and served upon the parties.
VI. Decisions of the board may be appealed to the supreme court pursuant to RSA 541. The court shall not stay any disciplinary sanction imposed by the board pending appeal, if the board has determined that the sanction is required for the public safety and welfare. Any person whose license has been revoked shall comply with the licensure requirements of this chapter relative to license reinstatement.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:23 Temporary Suspension. {#sec_137-F-23}

The board may order suspension of a license or privilege granted under this chapter pending hearing for no more than 60 days if the board believes there is an imminent danger to life or health. In such cases, the basis for the board's findings of imminent danger to life or health shall be in writing and combined with the notice requirements in RSA 541-A:30. The board's hearing may commence no later than 30 days after the order suspending the license. If the board does not commence the hearing within 30 days, the suspension order shall be automatically vacated. A licensee shall be allowed additional time to prepare for or complete a hearing under this section only by agreeing to further suspension commensurate with the additional time extended.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:24 Disclosure to Customers. {#sec_137-F-24}

I. No hearing aid dealer or audiologist shall sell a hearing aid without presenting the purchaser an itemized receipt, which shall include the following:
(a) The name and address and signature of the purchaser.
(b) The date of consummation of the sale.
(c) The name and the regular place of business of the hearing aid dealer or dealer's registration number or of the audiologist or audiologist's license number, and signature of the registrant or licensee.
(d) The make, model, serial number, and purchase price of the hearing aid and the terms of the warranty.
(e) An itemization of the total purchase price, including but not limited to the cost of the aid, ear mold, and batteries and other accessories and any other services.
(f) A statement as to whether the hearing aid is ""new'', ""used'' or ""reconditioned''.
(g) The complete terms of the sale, including a clear and precise statement of the 30-day money back guarantee required under RSA 137-F:27.
(h) The name, address and telephone number of the consumer protection and antitrust bureau, division of public protection, department of justice, with a statement that complaints which arise with respect to the transaction may be submitted in writing to the consumer protection and antitrust bureau.
(i) The following statements in 10 point type or larger: 1) ""This hearing aid will not restore normal hearing nor will it prevent further hearing loss;'' 2) ""You have the right to cancel this purchase or rental for any reason within 30 days after receiving the hearing aid.''
II. Each registrant or licensee shall keep records of every customer to whom such person renders services or sells hearing aids, including a copy of the receipt as specified under paragraph I, a record of services provided, any correspondence to or from a customer and any records required under the rules for the hearing aid industry as promulgated by the United States Federal Trade Commission on July 20, 1965, or as amended, or any rules for the hearing aid industry promulgated by the United States Food and Drug Administration. These records shall be preserved for at least 3 years after the date of transaction.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:25 Unsolicited Home Sales Prohibited. {#sec_137-F-25}

No hearing aid dealer or audiologist, employee or agent thereof, shall canvass either in person or by telephone from house to house for the purpose of selling or renting a hearing aid without prior request from the prospective customer, a relative or friend of the prospective customer.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:26 Return of Hearing Aid; Cancellation Fee. {#sec_137-F-26}

No hearing aid shall be sold to any person unless accompanied by a 30-day written money back guarantee that if the person returns the hearing aid in the same condition, ordinary wear and tear excluded, as when purchased, within 30 days from the date of delivery, the hearing aid dealer or audiologist may be entitled to a cancellation fee of 5 percent of the purchase price. In computing the actual purchase price, all rebates, discounts, and other similar allowances provided to the seller must be considered. For the purpose of this section, any consumer who initiates the return of a hearing aid within said 30-day period shall have complied with this section. The addressing of any claimed deficiency or return shall be resolved within 90 days from date of delivery.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:27 Deceptive Advertising Prohibited. {#sec_137-F-27}

I. No hearing aid dealer or audiologist, or employee or agent thereof, shall use or cause to be used or promote the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation, however disseminated or published, which is misleading, deceptive, or untruthful. All advertising by mail which offers free hearing testing or other services by a hearing aid dealer or audiologist shall clearly state in such advertising that the offers are made by a hearing aid dealer or audiologist.
II. No hearing aid dealer, or employee or agent thereof, shall represent that the services or advice of an individual licensed to practice medicine or of an individual certified as an audiologist will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids where that is not true; or use or incorporate in any title or designation the words, ""doctor,'' ""otologist,'' ""clinic,'' ""clinical audiologist,'' ""audiologist,'' ""state licensed clinic,'' ""state certified,'' ""state approved,'' ""state registered,'' ""certified hearing aid audiologist,'' or any term, abbreviation, or symbol which would give the false impression that one is being treated medically or audiologically or that the registrant's services have been recommended by the state.
III. No hearing aid dealer or audiologist, or employee or agent thereof, shall use any advertisement or any other representation which has the effect of misleading or deceiving purchasers or prospective purchasers in the belief that any hearing aid or device, or part or accessory thereof, is a new invention or involves a new mechanical or scientific principle when such is not the fact.
IV. No hearing aid dealer or audiologist, or employee or agent thereof, shall state or imply that the use of any hearing aid will restore hearing to normal, or preserve hearing, or prevent or retard the progression of a hearing impairment or make any false or misleading or medically or audiologically unsupportable claims regarding the efficacy or benefits of hearing aids.
V. No hearing aid dealer or audiologist, or employee or agent thereof, shall advertise a particular model, type, or kind of hearing aid when the offer is not a bona fide effort to sell the product so offered as advertised.
VI. No hearing aid dealer or audiologist, or employee or agent thereof, shall advertise that a hearing aid will be beneficial to persons with hearing loss, regardless of the type of loss. No such dealer, employee, or agent shall advertise that a hearing aid will enable persons with hearing loss to consistently distinguish and understand speech sounds in noisy situations.
VII. No hearing aid shall be sold to any person unless the packaging containing the hearing aid carries the following disclaimer in 10 point type or larger: ""This hearing aid will not restore normal hearing nor will it prevent further hearing loss.''
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:28 Display of Certificate. {#sec_137-F-28}

Any person who has been issued a license or certificate of registration under this chapter shall conspicuously display such certificate in the principal place of business for which such registration is issued.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:29 Record. {#sec_137-F-29}

I. The board shall maintain a record of its proceedings under this chapter and a register of all persons licensed and registered under this chapter. The register shall list the name, last known business address, and the date and number of the license of each licensed audiologist and certificate of registration of each registered hearing aid dealer.
II. The board shall maintain and annually publish a list of licensed audiologists, audiologists temporarily licensed under supervision, and audiologists licensed and under investigation by the board. The board shall also maintain and annually publish a list of registered hearing aid dealers, and hearing aid dealers registered and under investigation by the board.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:30 Out-of-State Sales Regulated. {#sec_137-F-30}

I. No person shall conduct or operate a business outside of the state for the sale at retail of hearing aids to individuals within the state unless such business is registered with a permit issued by the board.
II. The board shall issue a permit to such out-of-state business if the business discloses and provides proof:
(a) That the business is in compliance with all applicable laws and rules in the state in which the business is located;
(b) Of the operating locations and the names and titles of all principal corporate officers;
(c) That the business complies with all lawful directions and requests for information from the board of all states in which it conducts business; and
(d) That the business agrees in writing to comply with all New Hampshire laws and rules relating to the sale or dispensing of hearing aids.
III. The board shall assess the following registration fees for out-of-state hearing aid sales companies:
(a) $150 for the initial registration.
(b) An annual registration renewal fee, which shall be the same as the in-state registration renewal fee as set by the board.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:31 Administrative Fines. {#sec_137-F-31}

The board, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the board shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The board shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source. 1996, 236:1, eff. Jan. 1, 1997.

## 137-F:32 Penalties. {#sec_137-F-32}

I. Any person who shall practice or attempt to practice as an audiologist or hearing aid dealer in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
II. Any person who violates any other provision of this chapter or any rule adopted by the board under this chapter, or who knowingly makes a false statement in an application for licensure or in response to any inquiry of the board shall be guilty of a violation. Upon conviction of a second or subsequent violation under this chapter, the person shall be guilty of a class A misdemeanor.
Source. 1996, 236:1, eff. Jan. 1, 1997. 2006, 76:1, eff. July 1, 2006.