As used in ORS 694.015 to 694.170, unless the context requires otherwise: (1) Dealing in hearing aids means the sale, lease or rental, attempted sale, lease or rental or ordering the use of hearing aids in conjunction with the evaluation or measurement of the powers or range of human hearing and the recommendation, selection or adaptation of hearing aids. (2)(a) Hearing aid means any prosthetic instrument or device designed for or represented as aiding, improving or correcting defective human hearing and any parts, attachments or accessories of such an instrument or device. (b) Hearing aid does not include: (A) Any device which is surgically implanted or otherwise medically inserted by a physician licensed by ORS chapter 677 for the purpose of treating or correcting a hearing impairment; or (B) An over-the-counter hearing aid. (3) Over-the-counter hearing aid has the meaning given that term in 21 C.F.R. 800.30.
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