Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 700 Ì286824;Î286824 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/17/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 mustshallbe 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 thatwhichmeets 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 mustshallbe made when indicated. 28 (4) A licensed audiologist who fits and sells hearing aids 29 mustshallobtain 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 orandupon interrogation of 32 the client, there is any recent history of infection or any 33 observable anomaly, the client mustshallbe instructed to see a 34 physician, and a hearing aid mayshallnot 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 mustshallbe 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 mustshallbe 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 thatwhichmeets 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 mustshallbe made. For all other clients, such final 76 fitting must be made when indicated. 77 (4) The following medical clearance mustshallbe obtained: 78 If, upon inspection of the ear canal with an otoscope in the 79 common procedure of a hearing aid fitter orandupon 80 interrogation of the client, there is any recent history of 81 infection or any observable anomaly, the client mustshallbe 82 instructed to see a physician, and a hearing aid mayshallnot 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,