334A.205 Requirement of written agreement, offer to purchase, or receipt --
457 words·~2 min read·
/ky/334a-205A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Contents -- Delivery statement -- Solicitation provisions.
(1)Any person who practices the sale or fitting of hearing instruments shall obtain from
the buyer of a hearing instrument, at the time the buyer assumes any financial
obligation regarding the purchase, the buyer's signature on a written and dated
agreement, offer to purchase, or receipt. The written agreement, offer to purchase,
or receipt shall contain the:
(a)1. Licensee's signature and printed name;
2. Licensee's business address; and
3. License number issued to the licensee by the board pursuant to this
chapter;
(b)Make, model, and serial number of the hearing instrument;
(c)Notice and statement of the purchaser's thirty
(30)day right to cancel pursuant
to KRS 334A.207; and
(d)Immediately following the information required by paragraphs (a), (b), and
of this subsection, the statement, in all capital letters in no smaller type than
the largest used in the body copy portion, that: "ANY COMPLAINTS
CONCERNING THE SALE OR SERVICE OF THIS HEARING
INSTRUMENT WHICH ARE NOT CORRECTED BY A LICENSED
AUDIOLOGIST SHOULD BE DIRECTED TO: KENTUCKY BOARD OF
SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY,
COMMONWEALTH OF KENTUCKY, FRANKFORT, KENTUCKY
40601."
(2)The written agreement, offer to purchase, or receipt shall bear in no smaller type
than the largest used in the body copy portion the following statement: "The
purchaser has been advised at the outset of his or her relationship with an
audiologist licensed under KRS Chapter 334A that any examination or
representation is not an examination, diagnosis, or prescription by a person licensed
to practice medicine in this state and, therefore, shall not be regarded as medical
opinion or advice."
(3)Upon delivery of a hearing instrument, the client shall be furnished a delivery
statement which shall include specifications as to the make, model, serial number,
and delivery date, with full terms of the sale clearly stated. If a hearing instrument
which is not new is offered for sale or is sold, that fact shall be clearly stated and
conspicuously disclosed and read in the oral sales presentation before the buyer
assumes any financial obligation regarding the purchase, and the receipt shall be
clearly marked as "used," "reconditioned," or "not new," whatever is applicable,
with terms of guarantee, if any.
(4)No person who practices the selling or fitting of hearing instruments shall visit the
home or place of business of a potential buyer for the purpose of soliciting or
inducing a sale of a hearing instrument without having previously obtained the
express written consent of the potential buyer to such a visit. The consent required
by this subsection shall clearly and conspicuously state that the potential buyer is aware that the licensed audiologist may attempt to sell a hearing instrument during his or her visit.