Hearing Aid Regulation

Hearing Aid Regulation, M.R. 451/88 R The Hearing Aid Act , C.C.S.M. c. H38 Regulation 451/88 R Registered November 7, 1988 bilingual version (HTML) Table of Contents Section 1-3 Certification of hearing aid dealers 4 Interim certification 5 Student certification 6 Renewal of certification 7 Certificate to be displayed 8 Form and contents of certificate 9 Record of business locations 10 Filing of bond 11 Compliance with board requirements 12 Hearing aid dealer records 13 Duties of hearing aid dealers 14 Unethical conduct 15 Fees payable Schedule Certification of hearing aid dealers 1 Except as otherwise provided in this regulation, the board may certify any person other than a corporation or partnership as a hearing aid dealer who, to the satisfaction of the board, (a) completes the application form required by the board; (b) completes the training and passes the examinations prescribed by the board; (c) submits evidence acceptable to the board that (i) the person has been primarily and actively engaged in the business of a hearing aid dealer for at least one year in the two year period immediately preceding the date of the application, or (ii) the person has the appropriate qualifications and intends to be principally and actively engaged in the business of a hearing aid dealer; and (d) pays the prescribed fees for certification and examination. M.R. 98/2006 2 The board may certify any person other than a corporation or partnership as a hearing aid dealer who, to the satisfaction of the board, complies with clauses 1(a), (b) and (d), and has practised continuously for a period of not less than two years immediately preceding the date of application under the personal supervision and direction of a person holding a valid and subsisting certification under section 1. 3(1) No person is qualified for certification (a) who has been convicted of any offence in Canada, that in the opinion of the board involves a dishonest act or intent on the part of the convicted person; (b) who makes a material misstatement in his or her application for certification that is intended to mislead the board; (c) under circumstances where the board is of the opinion that it would be injurious to the public interest to grant certification; or (d) who has, within the immediately preceding 10 years, served as an officer or director of a company or owned a business to which clause (a) applies and who acquiesced in the commission of the offence by the company or business. 3(2) Subsection (1) does not apply in a case where the board is of the opinion that a person, who is otherwise qualified under sections 1, 2, 4 or 5 but does not qualify under subsection (1) of this section, may suffer undue hardship through lack of certification and it is not contrary to the public interest to grant certification. Interim certification 4 Notwithstanding sections 1 and 2, but subject to section 3, the board may issue an interim certification, valid for a period not exceeding 12 months, to any person other than a corporation or partnership who (a) completes the application required by the board; (b) submits evidence acceptable to the board that he or she has been engaged in the business of a hearing aid dealer in Manitoba for a period of at least one year immediately prior to the date of application for certification; and (c) pays the prescribed fee for certification. Student certification 5 Notwithstanding sections 1 and 2, but subject to section 3, the board may issue a student certification to any person other than a corporation or partnership who (a) enters the practice of a hearing aid dealer; (b) completes the application required by the board; (c) pays the prescribed fee; (d) will practice only under the personal supervision and direction of a person holding a valid and subsisting certification under section 2 of this regulation; and (e) has attained an educational standing that is equivalent to at least Grade 12 in Manitoba. Renewal of certification 6 A certification issued under (a) section 1 or 2 may be renewed annually upon application and payment of the prescribed fee; (b) section 4 may not be renewed except that the holder of certification under that section may apply for certification under section 1 or 2 at any time within the 12 months of the issuance of certification under section 4; (c) section 5 may be renewed annually upon application and payment of the fee, but not more than two renewals may be issued except at the discretion of the board. Certificate to be displayed 7 Every holder of a certification shall display the certificate in a prominent position in a part of the business premises to which the general public has access, and a holder who does business in more than one place shall display a photocopy of his or her certificate provided by the board in each premises other than the holder's main place of business while doing business in each premises, other than during consultations in a buyer's private residence. Form and contents of certificate 8 Every certificate shall indicate (a) the name of the holder; (b) the expiry date of the certificate; and (c) the services which the holder is authorized to perform; and shall be in the form set out in the Schedule. Record of business locations 9 Every holder of a certificate shall record with the board the addresses of all locations where that holder engages or intends to engage in the business of a hearing aid dealer. M.R. 98/2006 Filing of bond 10 Where a certified hearing aid dealer is employed by a corporation or partnership that is engaged in the business of a hearing aid dealer, the bond with respect to that person may be filed by the partnership or corporation. Compliance with board requirements 11 Every hearing aid dealer shall comply with the requirements of the board in respect of the keeping of records, the rules of conduct and the requirements for the sales and servicing of hearing aids except that where a hearing aid dealer is employed by a corporation or partnership it is sufficient if the requirements of sections 12 and 13 are met by the corporation or partnership as the case may require. Hearing aid dealer records 12 Every hearing aid dealer shall maintain records showing (a) the name, address and date of birth of each person who has consulted the hearing aid dealer regarding a hearing impairment; (b) a case history of each person who has consulted the hearing aid dealer with respect to a hearing impairment; (c) the results of any hearing tests conducted on the person by the hearing aid dealer; (d) the recommendation of the hearing aid dealer; (e) the manufacturer's name, model, mark, or serial number of each hearing aid sold; (f) a description of the type of each hearing aid sold such as, "behind the ear", "eyeglass", "body" or "all-in-the-ear" model; (g) whether the hearing aid is new or used at the time of sale; (h) a copy of the contract of sale showing (i) the cash price, (ii) the down payment and value of trade-in, if any, (iii) the method of payment, (iv) all other details as required under The Consumer Protection Act if the sale is made on credit, (v) the arrangements for after sale service, (vi) the details of any "trial" offer, and (vii) the details of any cancellation, return or exchange privileges; and (i) details of all after sale service actually supplied. Duties of hearing aid dealers 13 Every hearing aid dealer shall (a) maintain adequate hearing aid service facilities; (b) maintain a reasonable number of temporary substitute hearing aids; (c) ensure that all audiometric equipment is calibrated in accordance with ANSI/ASA Standard S3.6-2010, as amended from time to time; and (d) maintain a high standard of hygiene for all equipment, hearing aids and earmolds. M.R. 30/2017 Unethical conduct 14 No hearing aid dealer shall engage in unethical conduct, including (a) the obtaining of any fee or the making of any sale by fraud or misrepresentation; (b) employing directly or indirectly any person to perform any work covered by the Act who is not certified under the Act; (c) using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive or untruthful or is misleading by failure to reveal a material fact; (d) advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised; (e) representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting adjustment, maintenance or repair of hearing aids when that is not true, or using the words "doctor", "clinic" or similar words, abbreviations or symbols which tend to connote the medical profession when such use is not accurate; (f) advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist; (g) directly or indirectly giving or offering to give, or permitting or causing to be given money or anything of material value to any person who advises another in a professional capacity as an inducement to influence that person or have him or her influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer, or influencing persons to refrain from dealing in the products of competitors; (h) [repealed] M.R. 30/2017; (i) using the term "lifetime" or any similar wording to imply length of anticipated performance of a hearing aid; (j) using a name which will tend to mislead the public into believing that the business is an agency of the Government of Canada, or the Province of Manitoba or a municipality, or is a non-profit medical, educational or research institution; (k) using, without prior approval of the board, any term that suggests that hearing aids are custom made or made according to a medical prescription; (l) any conduct that may alarm or frighten a person into purchasing a hearing aid; (m) soliciting any person for the sale of a hearing aid through the conduct of surveys either personally, by telephone or in writing; (n) soliciting sales elsewhere than at the regular place of business of the hearing aid dealer except at the express request of a hearing aid user or a prospective hearing aid user; or (o) conducting misleading or deceptive hearing tests. (p) [repealed] M.R. 30/2017. M.R. 30/2017 Fees payable 15(1) The following fees are payable to the board for examinations and certification: (a) for certification under section 1 or 2 (i) for the first year or any part of it 15(2) The board must refund a portion of the fees paid, on a pro rata basis, to a person who voluntarily surrenders his or her interim certificate, issued under clause (1)⁠(e), before its expiry date. M.R. 98/2006 ; 30/2017 SCHEDULE Hearing Aid Dealer Certificate