License required — exception — penalty for violation.

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Effective - 28 Aug 2009

346.015. License required — exception — penalty for violation. — 1. No person shall engage in the practice of fitting hearing instruments or display a sign or in any other way advertise or represent such person by any other words, letters, abbreviations or insignia indicating or implying that the person practices the fitting of hearing instruments unless the person holds a valid license issued by the board as provided in this chapter. The license shall be conspicuously posted in the person's office or place of business. Duplicate licenses shall be issued by the department to valid license holders operating more than one office, without additional payment. A license under this chapter shall confer upon the holder the right to select, fit and sell hearing instruments.

2. Each person licensed pursuant to sections 346.010 to 346.250 shall display the license in an appropriate and public manner and shall keep the board informed of the licensee's current address. A license issued pursuant to sections 346.010 to 346.250 is the property of the board and must be surrendered on demand in the event of expiration or after a final determination is made with respect to revocation, suspension or probation.

3. Nothing in this chapter shall prohibit a corporation, partnership, trust, association or other like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing instruments at retail, provided that it employ only properly licensed hearing instrument specialists or properly licensed audiologists in the direct sale and fitting of such instruments. Each corporation, partnership, trust, association or other like organization shall file annually with the board on a form provided by the board, a list of all licensed hearing instrument specialists employed by it. Each organization shall also file with the board a statement, on a form provided by the board, that it agrees to comply with the rules and regulations of the board and the provisions of this chapter.

4. Any person who violates any provision of this section is guilty of a class B misdemeanor.

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(L. 1973 H.B. 396 & 257 §§ 2, 3, 29, A.L. 1981 S.B. 16, A.L. 1995 S.B. 69, et al., A.L. 2007 H.B. 780 merged with S.B. 308, A.L. 2009 S.B. 296)


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