Bill
HB 1228
Louisiana HB 1228 tightens licensing, requires a 200 fee, strengthens consumer protections with a 30-day cancel/3-day cooling-off periods, and standardizes bills, notices, and test
Purpose and overall intent
- HB 1228 amends and reenacts several provisions of Louisiana Revised Statutes (R.S. 37:2441, 2442, 2444, 2444.1, 2444.2, 2445, 2447, and 2450) to regulate registration, licensing, and conduct of hearing aid dealers in Louisiana.
- The bill aims to clarify definitions, strengthen consumer protections around sales and returns, adjust credentialing requirements, and specify examination and notice provisions for licensees and the Louisiana Board for Hearing Aid Dealers.
Key provisions and changes
1) Definitions and scope
- Expands the definition of “hearing aid” to include any wearables designed to aid or compensate for defective hearing, including parts and accessories, and aligns with FDA definitions and specifications.
2) Registration, licensing, and qualifications
- Prohibits the sale/fitting activities unless the dealer is properly registered/licensed under the Chapter.
- New first-time license application requires a $200 filing fee.
- Qualifications for initial licensure (existing text plus changes):
- Previously: education equivalent to a four-year high school plus two years of college or two years of accredited higher education, OR two years of continuous engagement in fitting/selling hearing aids during the two years before the effective date.
- Proposed: removes the option based on two years of pre-existing engagement prior to the law’s effective date and requires the applicant to be “in good standing for a period of no less than two years from the date of application.”
- Examination scope is maintained but clarified (see below).
3) Examination scope and administration
- The examination for licensure shall test knowledge related to hearing testing and other areas necessary to fit and sell hearing aids, but shall not require formal college, medical, surgical, or audiological education.
- The examination shall be determined and proctored by the Louisiana Board for Hearing Aid Dealers or its assignees; the bill adds that the Board or its assignees may administer the test.
4) Bill of sale, contract, and notices
- Requires every seller/fitter to deliver a bill of sale or contract with:
- Seller’s signature, regular business address, contact phone, email, and license number.
- Description of the hearing aid (make/model/serial number) and purchase price.
- Disclosure of the hearing aid’s condition (new/used/rebuilt) and the seller’s contact information for the Louisiana Board for Hearing Aid Dealers.
- The bill of sale/contract language is designed to facilitate consumer understanding and board oversight.
5) Testing period and cooling-off rights for consumers
- Testing period:
- The bill codifies a 30-day right to cancel if the hearing aid does not function adequately, with a written receipt/contract stating the right to cancel in at least 10-point type.
- Cancellation window begins upon delivery or receipt of the contract, whichever is later, and is interrupted if the seller has possession of the hearing aid.
- Consumers may return the hearing aid to the seller or via trackable shipping; the seller must issue a return receipt.
- Upon cancellation, the consumer must return any traded-in goods or payments; the seller must return funds and negotiable instruments within ten business days; the consumer bears a cancellation fee.
- Cancellation fee may be up to 15% of all fees charged (including testing, fitting, counseling, and purchase price pre-tax), and the exact amount must be stated in the contract.
- Three-day cooling-off period:
- Consumers may cancel within three business days after the hearing aid is actually ordered, without penalty.
- Notification methods include in person, mail, or electronic mail; cancelation must be evidenced by a signed, dated copy of the contract/receipts and terms.
- Upon cancellation, refunds and cancellation of any security interests occur within specified timelines.
6) Place of business and notices
- Licensees must notify the board, in writing, of the address(es) where they engage in fitting or selling hearing aids.
7) Place-based notices and licensure
- Notices may be mailed to the place of business; the bill clarifies notice procedures and ongoing compliance obligations.
Affected entities
- Individuals and entities that sell, fit, or service hearing aids in Louisiana.
- Licensed hearing aid dealers, temporary training permit holders, and license applicants.
- The Louisiana Board for Hearing Aid Dealers (and its assignees) as the administering and proctoring body for examinations.
Timeline and effective date
- The bill outlines changes to licensing, examination administration, and consumer protections that would become part of the licensure framework upon enactment.
- Specific timing for when new requirements apply (e.g., eligibility window for initial licensure) would be determined upon final passage and implementation.
Notes for readers
- The bill shifts reliance from pre-existing engagement (pre-law) to demonstrated licensure in good standing as a condition for initial licensure.
- It standardizes consumer protections around testing periods and cancellation fees, while clarifying notice and record-keeping requirements to aid enforcement and consumer understanding.
- It removes a statutory obligation for hearing aid dealers to aid the Department of Revenue in collecting certain taxes on hearing aids.
Compiled from official sources — confirm details with the bill’s official record.
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