37-16-303. Bill of sale -- examination by otolaryngologist -- notation on receipt that examination not medical opinion. (1) Any person who practices the selling, fitting, or dispensing of hearing aids and related devices shall deliver to each person supplied with a hearing aid or related device, by him or at his order or direction, a bill of sale that must contain:
     (a) the seller's signature, the name and address of his permanent place of business, and the number of his license;
     (b) a description of the make and type of the hearing aid or related device furnished and the amount charged;
     (c) any warranty or guaranty and the right to cancel, and the terms of the warranty or guaranty and the right to cancel;
     (d) the condition of the hearing aid or related device and whether it is new, used, or reconditioned; and
     (e) a provision that maintenance service for the hearing aid or related device is available.
     (2) (a) Any person practicing the selling, dispensing, or fitting of hearing aids and related devices shall, if dealing with a person under 19 years of age, ascertain if the person has been examined by an otolaryngologist within 90 days prior to the fitting and shall obtain the otolaryngologist's recommendations. If the person has not been examined, the licensed hearing aid dispenser shall recommend to the parent or guardian or to the person if emancipated that he have a medical examination. The licensed hearing aid dispenser shall issue a separate receipt, signed by the purchaser, indicating that the hearing aid dispenser made this recommendation.
     (b) Any person practicing the selling, dispensing, or fitting of hearing aids and related devices shall, if the aid or device is to be purchased with state funds, ascertain if the person has been examined by a licensed physician within 90 days prior to the fitting and shall obtain the licensed physician's recommendations. If the person has not been examined, the licensed hearing aid dispenser shall recommend to the person being fitted that he have a medical examination. The licensed hearing aid dispenser shall issue a separate receipt, signed by the purchaser, indicating that the hearing aid dispenser made this recommendation.
     (3) A separate receipt issued under subsection (2) must bear, in no smaller type than the largest used in the body portion, the following: "Any examination(s) or representation(s) made by a licensed hearing aid dispenser in connection with the dispensing, fitting, and selling of this hearing aid(s) or device is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice."
     (4) The board may establish and adopt minimum requirements for the form of bills of sale and receipts.
     (5) All purchase agreements or bills of sale must prominently display the following statement: "If you have any questions regarding your consumer rights with respect to hearing aids and related devices, please contact the Department of Commerce -- Board of Hearing Aid Dispensers."

     History: En. Sec. 8, Ch. 204, L. 1969; R.C.M. 1947, 66-3008; amd. Sec. 7, Ch. 404, L. 1985; amd. Sec. 2, Ch. 155, L. 1991.