Florida Senate - 2025 CS for SB 126
By the Committee on Commerce and Tourism; and Senator Bradley
577-02092-25 2025126c1
1 A bill to be entitled
2 An act relating to prescription hearing aids; amending
3 ss. 468.1265 and 484.054, F.S.; authorizing the
4 distribution of prescription hearing aids through the
5 mail to patients 18 years of age or older before a
6 scheduled telehealth appointment with a Florida
7 licensed audiologist or hearing aid specialist,
8 respectively, if certain requirements are met;
9 authorizing the sale of prescription hearing aids
10 through the mail to patients 18 years of age or older
11 who have been fitted for such hearing aids by a
12 licensed audiologist or licensed hearing aid
13 specialist, respectively; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 468.1265, Florida Statutes, is amended
18 to read:
19 468.1265 Sale or distribution of prescription hearing aids
20 through mail; penalty.—
21 (1) Except as provided in subsection (2) and in s.
22 484.054(2), it is unlawful for a any person to sell or
23 distribute prescription hearing aids through the mail to the
24 ultimate consumer. A Any person who violates this subsection
25 section commits a misdemeanor of the second degree, punishable
26 as provided in s. 775.082 or s. 775.083.
27 (2)(a) Prescription hearing aids may be distributed through
28 the mail to a patient who is 18 years of age or older before the
29 patient’s scheduled telehealth appointment with an audiologist
30 licensed under this part. The prescription hearing aids may not
31 be activated unless the audiologist has prescribed them. If the
32 audiologist prescribes prescription hearing aids to the patient,
33 the audiologist must conduct a fitting during the telehealth
34 appointment or a subsequent appointment to ensure the physical
35 and operational comfort of the prescription hearing aids.
36 (b) Prescription hearing aids may be sold through the mail
37 to a patient who is 18 years of age or older who has been fitted
38 for those prescription hearing aids by an audiologist licensed
39 under this part.
40 Section 2. Section 484.054, Florida Statutes, is amended to
41 read:
42 484.054 Sale or distribution of prescription hearing aids
43 through mail; penalty.—
44 (1) Except as provided in subsection (2) and in s.
45 468.1265(2), it is unlawful for a any person to sell or
46 distribute prescription hearing aids through the mail to the
47 ultimate consumer. A person who violates this subsection commits
48 Any violation of this section constitutes a misdemeanor of the
49 second degree, punishable as provided in s. 775.082 or s.
50 775.083.
51 (2)(a) Prescription hearing aids may be distributed through
52 the mail to a patient who is 18 years of age or older before the
53 patient’s scheduled telehealth appointment with a hearing aid
54 specialist licensed under this part. The prescription hearing
55 aids may not be activated unless the hearing aid specialist has
56 determined that the patient should be fitted for prescription
57 hearing aids. If the hearing aid specialist makes that
58 determination, the hearing aid specialist must conduct a fitting
59 during the telehealth appointment or a subsequent appointment to
60 ensure the physical and operational comfort of the prescription
61 hearing aids.
62 (b) Prescription hearing aids may be sold through the mail
63 to a patient who is 18 years of age or older who has been fitted
64 for those prescription hearing aids by a hearing aid specialist
65 licensed under this part.
66 Section 3. This act shall take effect July 1, 2025.