Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 700
       
       
       
       
       
       
                                Ì286824;Î286824                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2021           .                                
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       The Committee on Health Policy (Bean) recommended the following:
       
    1         Senate Amendment to Amendment (302884) (with title
    2  amendment)
    3  
    4         Delete lines 10 - 83
    5  and insert:
    6  the client is 18 years of age or older and provides a medical
    7  clearance or a waiver of medical examination:
    8         (a) Pure tone audiometric testing by air and bone to
    9  determine the type and degree of hearing deficiency when
   10  indicated.
   11         (b) Effective masking when indicated.
   12         (c) Appropriate testing to determine speech reception
   13  thresholds, speech discrimination scores, the most comfortable
   14  listening levels, uncomfortable loudness levels, and the
   15  selection of the best fitting arrangement for maximum hearing
   16  aid benefit when indicated.
   17         (2) The following equipment must shall be used unless the
   18  client is 18 years of age or older and provides a medical
   19  clearance or a waiver of medical examination:
   20         (a) A wide range audiometer that which meets the
   21  specifications of the American National Standards Institute for
   22  diagnostic audiometers when indicated.
   23         (b) A speech audiometer or a master hearing aid in order to
   24  determine the most comfortable listening level and speech
   25  discrimination when indicated.
   26         (3) A final fitting ensuring physical and operational
   27  comfort of the hearing aid must shall be made when indicated.
   28         (4) A licensed audiologist who fits and sells hearing aids
   29  must shall obtain the following medical clearance: If, upon
   30  inspection of the ear canal with an otoscope in the common
   31  procedure of fitting a hearing aid or and upon interrogation of
   32  the client, there is any recent history of infection or any
   33  observable anomaly, the client must shall be instructed to see a
   34  physician, and a hearing aid may shall not be fitted until
   35  medical clearance is obtained for the condition noted. If, upon
   36  return, the condition noted is no longer observable and the
   37  client signs a medical waiver, a hearing aid may be fitted. Any
   38  person with a significant difference between bone conduction
   39  hearing and air conduction hearing must be informed of the
   40  possibility of medical or surgical correction.
   41         Section 12. Section 468.1265, Florida Statutes, is amended
   42  to read:
   43         468.1265 Sale or distribution of hearing aids through mail;
   44  penalty.—It is unlawful for any person to sell or distribute
   45  hearing aids through the mail to the ultimate consumer who is
   46  younger than 18 years of age. Any person who violates this
   47  section commits a misdemeanor of the second degree, punishable
   48  as provided in s. 775.082 or s. 775.083.
   49         Section 13. Subsections (1) through (4) of section
   50  484.0501, Florida Statutes, are amended to read:
   51         484.0501 Minimal procedures and equipment.—
   52         (1) The following minimal procedures must shall be used in
   53  the fitting and selling of hearing aids unless the client is 18
   54  years of age or older and provides a medical clearance or a
   55  waiver of medical examination:
   56         (a) Pure tone audiometric testing by air and bone to
   57  determine the type and degree of hearing deficiency.
   58         (b) Effective masking when indicated.
   59         (c) Appropriate testing to determine speech reception
   60  thresholds, speech discrimination scores, the most comfortable
   61  listening levels, uncomfortable loudness levels, and the
   62  selection of the best fitting arrangement for maximum hearing
   63  aid benefit.
   64         (2) The following equipment must shall be used unless the
   65  client is 18 years of age or older and provides a medical
   66  clearance or a waiver of medical examination:
   67         (a) A wide range audiometer that which meets the
   68  specifications of the American National Standards Institute for
   69  diagnostic audiometers.
   70         (b) A speech audiometer or a master hearing aid in order to
   71  determine the most comfortable listening level and speech
   72  discrimination.
   73         (3) For clients younger than 18 years of age, a final
   74  fitting ensuring physical and operational comfort of the hearing
   75  aid must shall be made. For all other clients, such final
   76  fitting must be made when indicated.
   77         (4) The following medical clearance must shall be obtained:
   78  If, upon inspection of the ear canal with an otoscope in the
   79  common procedure of a hearing aid fitter or and upon
   80  interrogation of the client, there is any recent history of
   81  infection or any observable anomaly, the client must shall be
   82  instructed to see a physician, and a hearing aid may shall not
   83  be fitted until medical clearance is obtained for the condition
   84  noted. If, upon return, the condition noted is no longer
   85  observable and the client signs a medical waiver, a hearing aid
   86  may be fitted. Any person with a significant difference between
   87  bone conduction hearing and air conduction hearing must be
   88  informed of the possibility of medical correction.
   89         Section 14. Section 484.054, Florida Statutes, is amended
   90  to read:
   91         484.054 Sale or distribution of hearing aids through mail;
   92  penalty.—It is unlawful for any person to sell or distribute
   93  hearing aids through the mail to the ultimate consumer who is
   94  younger than 18 years of age. Any violation of this section
   95  constitutes a misdemeanor of the second degree, punishable as
   96  provided in s. 775.082 or s. 775.083.
   97  
   98  ================= T I T L E  A M E N D M E N T ================
   99  And the title is amended as follows:
  100         Delete lines 89 - 94
  101  and insert:
  102         F.S.; providing applicability; amending s. 468.1225,
  103         F.S.; revising minimum procedures and equipment
  104         requirements for fitting and selling hearing aids;
  105         amending s. 468.1265, F.S.; revising a prohibition on
  106         the sale or distribution of hearing aids through the
  107         mail; amending s. 484.0501, F.S.; revising minimum
  108         procedures and equipment requirements for fitting and
  109         selling hearing aids; amending s. 484.054, F.S.;
  110         revising a prohibition on the sale or distribution of
  111         hearing aids through the mail; amending s. 893.05,