Article 9 - Dispensing Audiologists - California Business and Professions Code

Sections (4)

Amended by Stats. 2024, Ch. 497, Sec. 13. (SB 1526) Effective January 1, 2025.

(a)(1) On and after January 1, 2010, in addition to satisfying the licensure and examination requirements described in Sections 2532, 2532.2, and 2532.25, no licensed audiologist shall sell hearing aids unless they complete an application for a dispensing audiology license, pay all applicable fees, and pass an examination, approved by the board, relating to selling hearing aids.

(2)The board shall issue a dispensing audiology license to a licensed audiologist who meets the requirements of paragraph (1).

(b)(1) On and after January 1, 2010, a licensed audiologist with an unexpired

license to sell hearing aids pursuant to Article 8 (commencing with Section 2538.10) may continue to sell hearing aids pursuant to that license until that license expires pursuant to Section 2538.53, and upon that expiration the licensee shall be deemed to have satisfied the requirements described in subdivision (a) and may continue to sell hearing aids pursuant to their audiology license subject to this chapter. Upon the expiration of the audiologist’s license to sell hearing aids, the board shall issue them a dispensing audiology license pursuant to paragraph (2) of subdivision (a). This paragraph shall not prevent an audiologist who also has a hearing aid dispenser license from maintaining dual or separate licenses if they choose to do so.

(2)A licensed audiologist whose license to sell hearing aids, issued pursuant to Article 8

(commencing with Section 2538.10), is suspended, surrendered, or revoked shall not be authorized to sell hearing aids pursuant to this subdivision and they shall be subject to the requirements described in subdivision (a) and the other provisions of this chapter.

(c)A licensed hearing aid dispenser who meets the qualifications for licensure as an audiologist shall be deemed to have satisfied the requirements of paragraph (1) of subdivision (a) for the purposes of obtaining a dispensing audiology license.

(d)For purposes of subdivision (a), the board shall provide the hearing aid dispenser examination provided by the former Hearing Aid Dispensers Bureau until the next examination validation and occupational analysis is completed by the Department of Consumer Affairs pursuant

to Section 139 and a determination is made that a different examination is to be administered.

§ 2539.10

Amended by Stats. 2021, Ch. 266, Sec. 4. (AB 435) Effective January 1, 2022.

A licensed dispensing audiologist shall, upon the consummation of a sale of a hearing aid, keep and maintain records in the licensed dispensing audiologist’s office or place of business at all times and each such record shall be kept and maintained for a seven-year period. These records shall include:

(a)Results of test techniques as they pertain to fitting of the hearing aid.

(b)A copy of the written notice and the written receipt required by

Section 2539.4 and the written recommendation and receipt required by Section 2539.6, when applicable.

§ 2539.12

Added by Stats. 2009, Ch. 309, Sec. 12. (AB 1535) Effective January 1, 2010.

A licensed audiologist who is the owner, manager, or franchisee at a location where hearing aids are fit or sold, shall be responsible for the adequacy of the fitting or selling of any hearing aid fit and sold by any licensee or licensees at that location.

§ 2539.14

Amended by Stats. 2011, Ch. 449, Sec. 12. (SB 933) Effective January 1, 2012.

The provisions of subdivisions (b) and (c) of Section 2538.11 and the provisions of Section 2538.12 do not apply to a licensed audiologist who satisfies the requirements of Section 2539.1.