Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 126
       
       
       
       
       
       
                                Ì8489227Î848922                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/03/2025           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Commerce and Tourism (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 468.1265, Florida Statutes, is amended
    6  to read:
    7         468.1265 Sale or distribution of prescription hearing aids
    8  through mail; penalty.—
    9         (1) Except as provided in subsection (2) and in s.
   10  484.054(2), it is unlawful for a any person to sell or
   11  distribute prescription hearing aids through the mail to the
   12  ultimate consumer. A Any person who violates this subsection
   13  section commits a misdemeanor of the second degree, punishable
   14  as provided in s. 775.082 or s. 775.083.
   15         (2)(a) Prescription hearing aids may be distributed through
   16  the mail to a patient who is 18 years of age or older before the
   17  patient’s scheduled telehealth appointment with an audiologist
   18  licensed under this part. The prescription hearing aids may not
   19  be activated unless the audiologist has prescribed them. If the
   20  audiologist prescribes prescription hearing aids to the patient,
   21  the audiologist must conduct a fitting during the telehealth
   22  appointment or a subsequent appointment to ensure the physical
   23  and operational comfort of the prescription hearing aids.
   24         (b) Prescription hearing aids may be sold through the mail
   25  to a patient who is 18 years of age or older who has been fitted
   26  for those prescription hearing aids by an audiologist licensed
   27  under this part.
   28         Section 2. Section 484.054, Florida Statutes, is amended to
   29  read:
   30         484.054 Sale or distribution of prescription hearing aids
   31  through mail; penalty.—
   32         (1) Except as provided in subsection (2) and in s.
   33  468.1265(2), it is unlawful for a any person to sell or
   34  distribute prescription hearing aids through the mail to the
   35  ultimate consumer. A person who violates this subsection commits
   36  Any violation of this section constitutes a misdemeanor of the
   37  second degree, punishable as provided in s. 775.082 or s.
   38  775.083.
   39         (2)(a) Prescription hearing aids may be distributed through
   40  the mail to a patient who is 18 years of age or older before the
   41  patient’s scheduled telehealth appointment with a hearing aid
   42  specialist licensed under this part. The prescription hearing
   43  aids may not be activated unless the hearing aid specialist has
   44  determined that the patient should be fitted for prescription
   45  hearing aids. If the hearing aid specialist makes that
   46  determination, the hearing aid specialist must conduct a fitting
   47  during the telehealth appointment or a subsequent appointment to
   48  ensure the physical and operational comfort of the prescription
   49  hearing aids.
   50         (b) Prescription hearing aids may be sold through the mail
   51  to a patient who is 18 years of age or older who has been fitted
   52  for those prescription hearing aids by a hearing aid specialist
   53  licensed under this part.
   54         Section 3. This act shall take effect July 1, 2025.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete everything before the enacting clause
   59  and insert:
   60                        A bill to be entitled                      
   61         An act relating to prescription hearing aids; amending
   62         ss. 468.1265 and 484.054, F.S.; authorizing the
   63         distribution of prescription hearing aids through the
   64         mail to patients 18 years of age or older before a
   65         scheduled telehealth appointment with a Florida
   66         licensed audiologist or hearing aid specialist,
   67         respectively, if certain requirements are met;
   68         authorizing the sale of prescription hearing aids
   69         through the mail to patients 18 years of age or older
   70         who have been fitted for such hearing aids by a
   71         licensed audiologist or licensed hearing aid
   72         specialist, respectively; providing an effective date.