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(1) In addition to the requirements of 37-16-303, MCA, all written memorialization of the sale, including, but not limited to bills of sale, cancellation notices, contracts, and purchase agreements, shall be no smaller than 12-point type face and appear on forms no smaller than 8 1/2 x 11 inches.

(2) If a hearing aid or related device may be programmed or adjusted only by an authorized dealer or dispenser, the licensee must provide a plain and simple notice of that fact either in a separate writing signed by the licensee and by the customer, or in the written purchase agreement.

(3) The terms of the right to cancel found at 37-16-304, MCA, must be set off from surrounding text in a bold-lined box and include the statement required by 37-16-303, MCA. The text within the box must include the heading "Right to Cancel Provided by Montana Law" and be prominently displayed.

(4) On the date and at the time of delivery, the dispenser shall obtain the dated signature of the patient verifying delivery. The written notice of the 30-day right to cancel and refund, meeting the standards specified in (2), shall be positioned immediately above the signature line of the patient and seller verifying delivery.

(5) Any trainee who provides service to a patient must legibly print or type the trainee's name, the designation "trainee," and license number on the document, along with the name and license number of the trainee's supervisor.

(6) A patient who has given written notice of the patient's election to cancel the purchase agreement in accordance with 37-16-304, MCA, shall return the hearing aid or related device in substantially the same condition as it was received. The hearing aid dispenser may deduct from the purchase price a dispensing fee not to exceed 15 percent of the purchase price or $250, whichever is less, per hearing aid or related device and shall refund the balance within ten days of receipt of the patient's written notice of cancellation. The dispensing fee that may be deducted from the refund in the event of cancellation must be prominently displayed in a dollar amount on all transactional documents.

(7) The dispensing fee may be deducted from the purchase price only after the hearing aid or related device is delivered to the patient and within the 30-day right to cancel period.


History: 37-16-202, MCA; IMP, 37-16-202, 37-16-303, 37-16-304, MCA; NEW, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 1997 MAR p. 2281, Eff. 12/16/97; AMD, 2000 MAR p. 2514, Eff. 9/22/00; AMD, 2001 MAR p. 781, Eff. 5/11/01; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2004 MAR p. 2816, Eff. 11/19/04; AMD, 2007 MAR p. 468, Eff. 4/13/07; AMD and TRANS, from 24.150.510, 2010 MAR p. 1085, Eff. 4/30/10; AMD, 2012 MAR p. 894, Eff. 4/27/12; AMD, 2019 MAR p. 1862, Eff. 10/19/19.

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