Florida Statutes 484.053 – Prohibitions; penalties
Current as of: 2024 | Check for updates
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(1) A person may not:
For details, see Fla. Stat. § 775.082(3)(e)
(a) Practice dispensing prescription hearing aids unless the person is a licensed hearing aid specialist;
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Felony of the third degree | up to 5 years | up to $5,000 |
Terms Used In Florida Statutes 484.053
- Board: means the Board of Hearing Aid Specialists. See Florida Statutes 484.041
- Dispensing prescription hearing aids: means and includes:(a) Conducting and interpreting hearing tests for purposes of selecting suitable prescription hearing aids, making earmolds or ear impressions, and providing appropriate counseling. See Florida Statutes 484.041
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearing aid: means any wearable device designed for, offered for the purpose of, or represented as aiding persons with, or compensating for, impaired hearing. See Florida Statutes 484.041
- Hearing aid specialist: means a person duly licensed in this state to practice the dispensing of prescription hearing aids. See Florida Statutes 484.041
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Prescription hearing aid: means a hearing aid that satisfies the requirements of this part and is not an over-the-counter hearing aid. See Florida Statutes 484.041
- Trainee: means a person studying prescription hearing aid dispensing under the direct supervision of an active licensed hearing aid specialist for the purpose of qualifying for certification to sit for the licensure examination. See Florida Statutes 484.041
(b) Use the name or title “hearing aid specialist” when the person has not been licensed under this part;(c) Present as her or his own the license of another;(d) Give false, incomplete, or forged evidence to the board or a member thereof for the purposes of obtaining a license;(e) Use or attempt to use a hearing aid specialist license that is delinquent or has been suspended, revoked, or placed on inactive status;(f) Knowingly employ unlicensed persons in the practice of dispensing prescription hearing aids; or(g) Knowingly conceal information relative to violations of this part.
(2) Any person who violates any provision of this section is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(3) If a person licensed under this part allows the sale of a prescription hearing aid by an unlicensed person not registered as a trainee or fails to comply with the requirements of s. 484.0445(2) relating to supervision of trainees, the board must, upon determination of that violation, order the full refund of moneys paid by the purchaser upon return of the prescription hearing aid to the seller’s place of business.