§ 28–4005. Minimal procedures.

(a) Each hearing aid sale shall be accompanied by a receipt that includes:

(1) the name, address, and signature of the purchaser;

(2) the date of consummation of the sale;

(3) the name and address of the regular place of business, the number of the certificate of registration, and the signature of the registrant;

(4) the make, model, serial number, and purchase price of the hearing aid;

(5) a statement as to whether the hearing aid is “new” or “used”;

(6) the complete terms of the sale, including:

(A) an itemization of the total purchase price, including but not limited to the cost of the hearing aid, the earmold, any batteries or other accessories, and any service costs; and

(B) a clear and precise statement of the terms of the trial period and the terms of any guarantee or warranty, including disclosures made pursuant to section 28-4006(a)(3)(H);

(7) the title and address of the Office, with a statement that complaints which arise with respect to the transaction may be submitted to the Office;

(8) the original of the written recommendation;

(9) the following statements in ten (10)-point type or larger:

(A) “This hearing aid will not restore normal hearing nor will it prevent further hearing loss”;

(B) “No hearing aid may be sold to you without a prior medical examination”; and

(C) “A return visit to a physician who is an ear specialist or audiologist after the purchase of this aid will help you in best adapting to it”; and

(10) if the hearing aid sold has a telephone option, a statement that the telephone option will not work on all telephones and a statement indicating the types of telephones upon which it will work.

(b) Each registrant shall keep records for every customer to whom he or she renders services or sells a hearing aid, including:

(1) a copy of the receipt as specified in subsection (a) of this section;

(2) a record of services provided;

(3) any correspondence to or from the customer; and

(4) any waiver forms, as provided under section 28-4004(d). Such records shall be preserved for seven (7) years after the date of the transaction.

(c) Each registrant shall post conspicuously in large print at his or her place(s) of business and make available for inspection at any sale a retail price list showing all hearing aid models for sale.