An individual engaging in the practice of a hearing instrument specialist shall: (1) have a regular place or places of business from which the individual conducts business as a hearing instrument specialist and the place or places of business shall be represented to a patient and others with whom business is conducted by the street address at which the place of business is located; (2) include in all advertising or other representation the street address at which the business is located and the telephone number of the business at that street address; (3) provide as part of each transaction between a licensed individual and a patient related to testing for hearing loss and selling of a hearing instrument written documentation provided to the patient that includes: (a) identification of a service or a product provided to the patient by the hearing instrument specialist and the charges for each service or product; (b) a statement whether a hearing instrument provided to a patient is "new," "used," or "reconditioned" and the terms and conditions of any warranty or guarantee that applies to each instrument; and (c) the identity and license number of each hearing instrument specialist or hearing instrument intern who provided services or products to the patient; (4) before providing services or products to a patient: (a) advise the patient regarding services and products offered to the patient, including the expected results of the services and products; (b) inform each patient who is being offered a hearing instrument about hearing instruments that work with assistive listening systems that are compliant with the ADA Standards for Accessible Design adopted by the United States Department of Justice in accordance with the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.; and (c) obtain written informed consent from the patient regarding offered services, products, and the expected results of the services and products in a form the division approves; (5) obtain the patient's informed consent and agreement to purchase the hearing instrument based on that informed consent either by the hearing instrument specialist or the hearing instrument intern, before designating an appropriate hearing instrument; and (6) if a hearing instrument does not substantially enhance the patient's hearing consistent with the representations of the hearing instrument specialist at the time informed consent was given before the sale and fitting of the hearing instrument, provide: (a) necessary intervention to produce satisfactory hearing recovery results consistent with representations made; or (b) for the refund of fees paid by the patient for the hearing instrument to the hearing instrument specialist within a reasonable time after finding that the hearing instrument does not substantially enhance the patient's hearing.
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