GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 592
The General Assembly of North Carolina enacts:
Section 1. G.S. 93D-3(c) reads as rewritten:
"(c) The Board shall:
(1) Authorize all disbursements necessary to carry out the provisions of this Chapter;
(2) Supervise and administer qualifying examinations to test and determine the knowledge and proficiency of applicants for licenses;
(3) Issue licenses to qualified persons who apply to the Board;
(4) Obtain audiometric equipment and facilities necessary to carry out the examination of applicants for licenses;
(5) Suspend or revoke licenses pursuant to this Chapter;
(6) Make and publish rules
and regulations (including rules, including a code of ethics)
which ethics, that are necessary and proper to regulate the fitting
and selling of hearing aids and to carry out the provisions of this Chapter;
(7) Exercise jurisdiction
over the hearing of complaints, charges of malpractice including corrupt or
unprofessional conduct, and allegations of violations of the Board's rules
or regulations, which rules that are made against any fitter and
seller of hearing aids in North Carolina;
(8) Require the periodic inspection and calibration of audiometric testing equipment of persons who are fitting and selling hearing aids;
(9) In connection with any matter within the jurisdiction of the Board, summon and subpoena and examine witnesses under oath and to compel their attendance and the production of books, papers, or other documents or writings deemed by the Board to be necessary or material to the inquiry. Each summons or subpoena shall be issued under the hand of the secretary and treasurer or the president of the Board and shall have the force and effect of a summons or subpoena issued by a court of record. Any witness who shall refuse or neglect to appear in obedience thereto or to testify or produce books, papers, or other documents or writings required shall be liable to contempt charges. The Board shall pay to any witness subpoenaed before it the fees and per diem as paid witnesses in civil actions in the superior court of the county where such hearing is held;
(10) Inform the Attorney General of any information or knowledge it acquires regarding any 'price-fixing' activity whatsoever in connection with the sales and service of hearing aids;
(11) Establish and enforce regulations
which will rules to guarantee that a full refund will be made by the
seller of a hearing aid to the purchaser when presented with a written medical
opinion of an otolaryngologist that the purchaser's hearing cannot be improved
by the use of a hearing aid;
(12) Fund, establish, conduct, approve and sponsor instructional programs for registered apprentices and for persons who hold a license as well as for persons interested in obtaining adequate instruction or programs of study to qualify them for registration to the extent that the Board deems such instructional programs to be beneficial or necessary;
(13) Register persons serving as apprentices
as set forth in G.S. 93D-9. G.S. 93D-9;
(14) Have the power to set and collect fees in accordance with Chapter 150B of the General Statutes for the items listed in this subdivision and for other items for which this Chapter gives the Board the authority to set a fee:
a. For a continuing education make-up class provided by the Board, a fee not to exceed fifty dollars ($50.00) per person for each day of instruction. The Board may not offer a make-up class that is longer than two days;
b. For a license examination preparation course provided by the Board, a fee not to exceed fifty dollars ($50.00) per person for each day of instruction. The Board may not offer an examination preparation course that is longer than three days;
c. For approval of a continuing education program provider, a fee not to exceed forty dollars ($40.00);
d. For verifying and recording attendance at a continuing education program not provided by the Board, a fee not to exceed fifteen dollars ($15.00) per licensee per program;
e. For providing a voluntary two-day apprentice training workshop, a fee not to exceed one hundred dollars ($100.00) per person, and for providing a three-day voluntary apprentice training workshop, a fee not to exceed one hundred fifty dollars ($150.00) per person;
f. For administering an examination, a fee not to exceed seventy-five dollars ($75.00); and
(15) Adopt annually a balanced budget prior to the beginning of its fiscal year, against which expenditures shall be reviewed throughout the fiscal year to ensure that expenditures during the year do not exceed receipts for that year plus amounts held by the Board in reserve. Except for monies from charges for photocopying and similar charges, the Board's receipts shall consist of and be limited to funds derived from fees expressly authorized by law."
Sec. 2. G.S. 93D-5(a) reads as rewritten:
"(a) No person shall begin
the fitting and selling of hearing aids in this State after the effective
date of this Chapter until he is unless the person has been issued a
license by the Board or is an apprentice working under the supervision of a
licensee. Except as hereinafter provided, each applicant for a license shall
pay a fee of one hundred dollars ($100.00) set by the Board, not to
exceed one hundred fifty dollars ($150.00), and shall show to the
satisfaction of the Board that he: the applicant:
(1) Is a person of good moral character,
(2) Is 18 years of age or older,
(3) Has an education equivalent to a four-year course in an accredited high school,
(4) Is free of contagious or infectious disease."
Sec. 3. G.S. 93D-6 reads as rewritten:
"§ 93D-6. Persons selling in other jurisdictions.
Whenever the Board determines that another state or
jurisdiction has requirements at least equivalent to those in effect pursuant
to this Chapter for the fitting and selling of hearing aids, and that such
state or jurisdiction has a program at least equivalent to the program for
determining whether applicants pursuant to this Article [Chapter] Chapter
are qualified to sell and fit hearing aids, the Board may issue, but is not
compelled to issue, licenses to applicants therefor who hold current,
unsuspended and unrevoked certificates or licenses to fit and sell hearing aids
in such other state or jurisdiction. No such applicant shall be required to
submit to any examination or other procedure required by G.S. 93D-5, except
that he but shall be required to pay an application fee
of one hundred dollars ($100.00) to the Board upon application. to
the Board in an amount set by the Board, not to exceed one hundred fifty
dollars ($150.00). Such applicant must have one full year of experience
satisfactory to the Board before issuance of the license."
Sec. 4. G.S. 93D-8(b) reads as rewritten:
"(b) Upon payment of five
dollars ($5.00) a fee set by the Board, not to exceed twenty-five
dollars ($25.00), the Board shall issue a license certificate to each
applicant who successfully passes the examination."
Sec. 5. G.S. 93D-9 reads as rewritten:
"§ 93D-9. Registration of apprentices.
(a) Any person age 17 or
older may apply to the Board for registration as an apprentice. Each such applicant
must be sponsored by a hearing aid dealer and fitter licensed by the Board.
(b) Upon receiving an
application accompanied by a fee of fifty- five dollars ($55.00), in
an amount set by the Board, not to exceed one hundred dollars ($100.00), the
Board may register the applicant as an apprentice, which shall entitle the
applicant to fit and sell hearing aids under the supervision of a holder of a
regular license.
(c) No apprentice applicant
shall be registered as an apprentice by the Board under this section
unless the applicant shows to the satisfaction of the Board that he the
applicant is or will be supervised and trained by a hearing aid fitter and
seller who holds a license.
(d) If a person 18 years
of age or older who is registered as an apprentice under this section does not
take the next succeeding examination given after a minimum of one full year of
apprenticeship, his the person's apprentice registration shall
not be renewed, except for good cause shown to the satisfaction of the Board.
(e) If a person who is
registered as an apprentice takes and fails to pass the next succeeding
examination given after one full year of apprenticeship, the Board may renew
the apprenticeship license for a period of time to end 30 days after the
results of the examination given next after the date of renewal of said
registration. The fee for renewal of apprenticeship registration shall be one
hundred dollars ($100.00). set by the Board at an amount not to exceed
one hundred fifty dollars ($150.00).
(f) The Board shall
adopt rules and regulations implementing initial and renewal
registration of apprentices."
Sec. 6. G.S. 93D-11 reads as rewritten:
"§ 93D-11. Annual fees; failure to pay; expiration of license; occupational instruction courses.
Every licensed person who engages in the fitting and selling of
hearing aids shall pay to the Board an annual license renewal fee of one
hundred dollars ($100.00). in an amount set by the Board, not to exceed
one hundred fifty dollars ($150.00). Such payment shall be made prior
to the first day of April in each year. In case of default in payment the
license shall expire 30 days after notice by the secretary-treasurer to the
last known address of the licensee by registered mail. The Board may reinstate
an expired license upon the showing of good cause for late payment of fees,
upon payment of said fees within 60 days after expiration of the license, and
upon the further payment of a late penalty of ten dollars ($10.00). of
twenty-five dollars ($25.00). After 60 days after the expiration
date, the Board may reinstate the license for good cause shown upon application
for reinstatement and payment of the a late penalty of ten
dollars ($10.00) fifty dollars ($50.00) and the renewal fee.
The Board may require all licensees to successfully attend and complete a course or courses of occupational instruction funded, conducted or approved or sponsored by the Board on an annual basis as a condition to any license renewal and evidence of satisfactory attendance and completion of any such course or courses shall be provided the Board by the licensee."
Sec. 7. G.S. 93D-13(b) reads as rewritten:
"(b) Board action in
revoking or suspending a license shall be in accordance with the provisions
of Chapter 150A 150B of the General Statutes. Any person whose
license has been suspended for any of the grounds or reasons herein set forth,
may, after the expiration of 90 days but within two years, apply to the Board
to have the same reissued; upon a showing satisfactory to the Board that such
reissuance will not endanger the public health and welfare, the Board may
reissue a license to such person for a fee of one hundred dollars ($100.00)
plus five dollars ($5.00) for a certificate of license. set by the
Board, not to exceed two hundred dollars ($200.00). If application is
made subsequent to two years from date of suspension, reissuance shall be in
accordance with the provisions of G.S. 93D-8."
Sec. 8. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 8th day of July, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives