License Required; Scope of Authority of License Holders; Issuance of Duplicate Licenses

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  1. It is unlawful for any person or firm to engage in the practice of dispensing hearing aids, as defined in this chapter, in this state without having a valid license issued under this chapter.
  2. No person or firm, except those exempted in Code Section 43-20-19, shall engage in the practice of dispensing hearing aid devices or instruments or display a sign or in any way advertise or represent himself or any firm as practicing the dispensing of hearing aid devices or instruments in this state unless such person holds an unsuspended, unrevoked license issued by the board.
  3. A dispenser's license issued under this chapter shall entitle the holder to dispense hearing aid devices or instruments under the supervision of a licensed dealer.
  4. The dealer's license issued under this chapter shall permit and require the holder to establish and operate an establishment open to the public for the purpose of dispensing hearing aids and providing follow-up services.
  5. No firm shall engage in the practice of dispensing hearing aid devices or instruments or display a sign or in any way advertise or represent itself as dispensing hearing aid devices or instruments in this state unless each office or location is staffed by a person who holds a valid dispenser's license issued under this chapter.
  6. Duplicate dealers' licenses shall be issued by the division director on behalf of the board to valid license holders operating more than one office or place of practice upon the payment of an additional dealer's license fee for each location, provided that each such location shall be staffed and supervised by a person holding a valid dispenser's license issued under this chapter.

(Code 1933, § 84-5603, enacted by Ga. L. 1978, p. 1728, § 1; Ga. L. 2000, p. 1706, § 19.)

Cross references.

- False or fraudulent advertising, § 10-1-420 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Unlawful to make ear molds without license.

- Since Ga. L. 1978, p. 1728, § 1 expressly states that an ear mold is included within the definition of a hearing aid device, and making an ear impression for an ear mold can be characterized as part of the dispensing process under the language of those provisions, it is unlawful for a person not licensed under the provisions regarding audiologists to make ear impressions for ear molds to be used with hearing aids. 1978 Op. Att'y Gen. No. 78-84.

RESEARCH REFERENCES

ALR.

- Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

Practices forbidden by state deceptive trade practice and consumer protection acts, 89 A.L.R.3d 449.


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