It is enacted by the General Assembly as follows:

SECTION 1. Sections 5-49-1, 5-49-7, 5-49-11 and 5-49-15 of the General Laws in Chapter 5-49 entitled "Hearing Aid Dealers and Fitters" are hereby amended to read as follows:

5-49-1. Definitions. -- As used in this chapter, except as the context may require otherwise:

(1) "Audiologist" means a person who has been awarded a certificate of competency by the American speech and hearing association {ADD and who is duly licensed by the department ADD} .

(2) "Board" means the board of hearing aid dealers and fitters.

(3) "Department" means the department of business regulation {ADD health ADD} .

(4) "Hearing aid" means any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories, including ear mold, but excluding batteries and cords.

(5) "License" means a license issued by the state under this chapter to hearing aid dealers and fitters.

(6) "Practice of fitting and dealing in hearing aids" means the evaluation and measurement of human hearing by means of an audiometer or by any other means solely for the purpose of making selections, adaptations, or sale of hearing aids. The term also includes the making of impressions for ear molds. This term does not include the making of audiograms for a physician or a member of related professions for use in consultation with the hard of hearing.

(7) "Sell" or "sale" means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.

(8) "Temporary permit" means a permit issued while the applicant is in training to become a licensed hearing aid dealer and fitter.

5-49-7. License by examination. -- (a) Applicants who do not meet the experience qualification of former section 5-49-5 on July 1, 1973 may obtain a license by successfully passing a qualifying examination, provided the applicant:

(1) Is at least twenty-one (21) years of age.

(2) Is of good moral character.

(3) Has an education equivalent to a four-year course in an accredited high school.

(4) Is free of contagious or infectious disease.

(b) Applicants for license by examination shall appear at a time, place and before such persons as the department may designate to be examined by means of written and practical tests in order to demonstrate that he or she is qualified to practice the fitting and sale of hearing aids. The examination administered as directed by the board constituting standards for licensing shall not be conducted in such a manner that college training is required in order to pass the examination. Nothing in this examination shall imply that the applicant shall possess the degree of medical competence normally expected of physicians.

(c) The department shall give examinations as required{ADD . ADD} to permit applicants to be examined within thirty (30) days following the submission of the official application form.

5-49-11. Duration of license -- Renewal of license -- Fees -- Effect of failure to renew. -- The department shall promulgate rules and regulations mandating the term of license for each category of license issued pursuant to this chapter; however no license shall remain in force for a period in excess of three (3) {ADD two (2) ADD} years. Each person who engages in the fitting and sale of hearing aids shall pay to the department a fee assessed at twenty-five dollars ($25.00) per annum for each year of the term of license, for a renewal of his or her license and shall keep that certificate conspicuously posted in his or her office or place of business at all times. Where more than one office is operated by the licensee, duplicate certificates shall be issued by the department for posting in each location. A thirty (30) day grace period shall be allowed during which time licenses may be renewed on payment of a fee of twenty-five dollars ($25.00) per annum for each year of the term of renewal to the department. After expiration of the grace period, the department may renew those certificates upon payment of twenty-five dollars ($25.00) per annum for each year of the term of renewal to the department. The total fee for the entire term of license or renewal shall be paid prior to the issuance of said license. No person who applies for renewal, whose license has expired, shall be required to submit to any examination as a condition to renewal, provided the renewal application is made within two (2) years from the date of that expiration.

5-49-15. Board -- Creation -- Composition -- Appointment, terms and compensation of members. -- (a) There shall be established a board of hearing aid dealers and fitters which shall guide, advise, and make recommendations to the department.

(b) Members of the board shall be residents of the state. The board shall consist of three (3) hearing aid dealers and fitters, one otolaryngologist, one audiologist, and one lay member not involved in any way directly or indirectly with hearing aids, hard of hearing, audiology, medicine or state agencies {ADD who is a user of hearing aids and not employed in the practice of fitting and dealing in hearing aids ADD} . Each hearing aid dealer and fitter on the board shall have no less than five (5) years experience and shall hold a valid license as a hearing aid dealer and fitter, as provided under this chapter. Exception shall be the hearing aid dealers and fitters of the first board appointed, who shall have no less than five (5) years of experience and shall fulfill all qualifications under section 5-49-7 as provided under this chapter.

(c) All members of the board shall be appointed by the governor. The term of office of each member shall be for four (4) {ADD three (3) ADD} years, excepting that of the members of the first board appointed under this chapter, two (2) shall be appointed for two (2) years; two (2) shall be appointed for three (3) years; and two (2) shall be appointed for four (4) years. Before a member's term expires, the governor shall appoint a successor to assume his or her duties on the expiration of his or her predecessor's term. A vacancy in the office of a member shall be filled by appointment for the unexpired term. The members of the board shall annually designate one (1) member to serve as chair and another to serve as secretary-treasurer. No member of the board who has served two (2) or more full terms may be reappointed to the board until at least one (1) year after the expiration of his or her most recent full term of office.

(d) Members of the board shall receive for each day actually engaged in the duties of the office a per diem amount of twenty-five dollars ($25.00), not to exceed the sum of five hundred dollars ($500) per year, and reimbursement for actual and necessary travel and other expenses, said remuneration and reimbursement to be paid from appropriations made for this purpose. Expenses of members shall not exceed the limit established by standard travel regulations of the department of administration in effect at the time of the expenditures.

SECTION 2. This act shall take effect on July 1, 1996.