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2023 Florida Statutes (including 2023C)

Title XXXII REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 468 MISCELLANEOUS PROFESSIONS AND OCCUPATIONS Entire Chapter
SECTION 1225
Procedures, equipment, and protocols.
F.S. 468.1225
468.1225 Procedures, equipment, and protocols.—
(1) The following minimal procedures shall be used when a licensed audiologist fits and sells a prescription hearing aid:
(a) Pure tone audiometric testing by air and bone to determine the type and degree of hearing deficiency when indicated.
(b) Effective masking when indicated.
(c) Appropriate testing to determine speech reception thresholds, speech discrimination scores, the most comfortable listening levels, uncomfortable loudness levels, and the selection of the best fitting arrangement for maximum hearing aid benefit when indicated.
(2) The following equipment shall be used:
(a) A wide range audiometer that meets the specifications of the American National Standards Institute for diagnostic audiometers when indicated.
(b) A speech audiometer or a master hearing aid in order to determine the most comfortable listening level and speech discrimination when indicated.
(3) A final fitting ensuring physical and operational comfort of the prescription hearing aid shall be made when indicated.
(4) A licensed audiologist who fits and sells prescription hearing aids shall obtain the following medical clearance: If, upon inspection of the ear canal with an otoscope in the common procedure of fitting a prescription hearing aid and upon interrogation of the client, there is any recent history of infection or any observable anomaly, the client shall be instructed to see a physician, and a prescription hearing aid may not be fitted until medical clearance is obtained for the condition noted. If, upon return, the condition noted is no longer observable and the client signs a medical waiver, a prescription hearing aid may be fitted. Any person with a significant difference between bone conduction hearing and air conduction hearing must be informed of the possibility of medical or surgical correction.
(5)(a) A licensed audiologist’s office must have available, or have access to, a selection of prescription hearing aid models, hearing aid supplies, and services complete enough to accommodate the various needs of the hearing aid wearers.
(b) At the time of the initial examination for fitting and sale of a prescription hearing aid, the attending audiologist must notify the prospective purchaser of the benefits of telecoil, also known as “t” coil or “t” switch, technology, including increased access to telephones and noninvasive access to assistive listening systems required under the Americans with Disabilities Act of 1990.
(6) Unless otherwise indicated, each audiometric test conducted by a licensee or a certified audiology assistant in the fitting and selling of prescription hearing aids must be made in a testing room that has been certified by the department, or by an agent approved by the department, not to exceed the following sound pressure levels at the specified frequencies: 250Hz-40dB, 500Hz-40dB, 750Hz-40dB, 1000Hz-40dB, 1500Hz-42dB, 2000Hz-47dB, 3000Hz-52dB, 4000Hz-57dB, 6000Hz-62dB, and 8000Hz-67dB. An exception to this requirement shall be made in the case of a client who, after being provided written notice of the benefits and advantages of having the test conducted in a certified testing room, requests that the test be conducted in a place other than the licensee’s certified testing room. Such request must be documented by a waiver that includes the written notice and is signed by the licensee and the client before the testing. The waiver must be executed on a form provided by the department. The executed waiver must be attached to the client’s copy of the contract, and a copy of the executed waiver must be retained in the licensee’s file.
(7) The board may prescribe the minimum procedures and equipment used in the conducting of hearing assessments and for the fitting and selling of prescription hearing aids. The board shall adopt and enforce rules necessary to implement this subsection and subsection (6).
(8) Any duly authorized officer or employee of the department may make such inspections and investigations as necessary to determine the state of compliance with this section and the applicable rules and may enter the premises of a licensee and inspect the records of same upon reasonable belief that a violation of this law is being or has been committed or that the licensee has failed or is failing to comply with this part.
History.—ss. 13, 31, ch. 90-134; s. 21, ch. 90-341; ss. 1, 10, ch. 90-345; s. 4, ch. 91-429; s. 104, ch. 92-149; ss. 187, 330, ch. 94-119; s. 3, ch. 94-160; s. 18, ch. 2023-71.