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24.150.301    DEFINITIONS

(1) "Related devices" means those parts, attachments or accessories that are sold with a hearing aid by a licensed hearing aid dispenser or trainee, and includes assistive devices of all types if sold by a licensee, but does not include general merchandise items, such as cleaners, cords or batteries that are commonly available at most retail stores.

(2) "Permanent place of business" means the headquarters or home office of the company, corporation or franchise offices which are considered to be permanent by the person or persons in charge of the company, corporation or franchise office, and who also have authority concerning hiring and firing of employees, as well as financial responsibility for the company, and employee liabilities.

(3) "Designated licensee in charge" means the licensed dispenser in charge of the permanent place of business.

(4) "Thirty day cancellation period" means a total of 30 days of actual possession of the hearing aid(s) by the purchaser. If the aid is returned during the 30-day time frame for service, repair or remake, the time period the aid is out of the purchaser's possession will not count against his 30-day total.

(5) "Dispensing fee" means costs associated with fitting, delivery and counseling.

(6) "Prominently display" means that the statement required pursuant to 37-16-303 , MCA, be conspicuous and noticeable at once on the purchase agreement. To this end, the statement shall be as set forth in the example in ARM 24.150.510(5) . The statement must appear in bold face type uppercase letters, extending the width of the page, two points larger than any other type face appearing on the document, but no smaller than 12-point type face, and quoted verbatim from the statute.

(7) "Substantially equivalent," for the purposes of 37-1-304 , MCA, means the applicant has successfully completed a written and practical examination administered by or authorized by a state other than Montana. The examination shall measure basic knowledge of the fitting and dispensing of hearing aids. In addition, the applicant shall have successfully completed a training period of direct supervision for no less than 90 days. To satisfy the substantial equivalency requirement, the board shall accept formal training, in its discretion, in lieu of the traineeship.

History: 37-16-202, 37-16-303, MCA; IMP, 37-1-131, 37-1-304, 37-16-301, 37-16-303, 37-16-304, 37-16-414, 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; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2006 MAR p. 1583, Eff. 7/1/06.

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