History: L. 1968, ch. 164, § 1; L. 1978, ch. 308, § 68; L. 1981, ch. 299, § 59; L. 2006, ch. 115, § 1; July 1.
(b) The provisions of this act shall not affect the office of any member of the board appointed prior to the effective date of this act. As positions become vacant on the board, appointments shall be made in a manner so as to comply with the provisions of this section.
History: L. 1968, ch. 164, § 2; L. 2006, ch. 115, § 2; July 1.
History: L. 1968, ch. 164, § 3; July 1.
History: L. 1968, ch. 164, § 4; L. 2006, ch. 115, § 3; July 1.
Members of the board attending meetings of such board, or attending a subcommittee meeting thereof authorized by such board, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto. The board shall remit all moneys received by or for it from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Twenty percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the hearing instrument board fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the executive officer or by a person or persons designated by such executive officer.
History: L. 1968, ch. 164, § 5; L. 1973, ch. 309, § 40; L. 1974, ch. 348, § 82; L. 2001, ch. 5, § 331; L. 2006, ch. 115, § 4; July 1.
(a) To employ or contract with agents, attorneys and inspectors under such rules and regulations as it may prescribe in accordance with the provisions of this act, but no state officer shall be eligible for employment by the board.
(b) To make all necessary disbursements and purchases to carry out the provisions of this act.
(c) To appoint representatives to conduct or supervise the examination of applicants for license.
(d) To designate the time and place for examining applicants for licenses.
(e) The board shall preserve an accurate record of all meetings and proceedings of the board including a complete record of all prosecutions and disciplinary actions for violations of this act and rules and regulations adopted thereunder, and of examinations held under the provisions hereof. Such records shall be kept in the office of the board and made accessible to the public in accordance with the Kansas open records act.
(f) To administer oaths; take testimony upon revoking, suspending or taking other disciplinary action against licenses.
(g) To grant all licenses to eligible applicants and to revoke, suspend or take other authorized disciplinary action against any such license granted for any of the causes specified in this act or rules and regulations adopted thereunder.
(h) Each witness who appears before the board at its request, other than a state officer or employee, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record which shall be audited and paid upon the presentation of proper vouchers sworn to by such witnesses and approved by the chair or executive officer of the board.
(i) To make rules and regulations for the procedure, conduct and government of applicants and licensees, for implementation and administration of this act and to prescribe by rules and regulations a code of ethics for hearing instrument fitters and dispensers within this state, which the rules and regulations shall not be inconsistent with the provisions of this act.
(j) To require, in its discretion, the periodic inspection and calibration of audiometric testing equipment and to carry out the periodic inspection of facilities of all persons who practice the fitting or dispensing of hearing instruments.
History: L. 1968, ch. 164, § 6; L. 2006, ch. 115, § 5; July 1.
(a) The "board" means the Kansas board of examiners in fitting and dispensing of hearing instruments.
(b) "License" means an authorization to practice the fitting and dispensing of hearing instruments pursuant to this act and includes a temporary license and any certificate of endorsement issued prior to July 1, 2005.
(c) "Hearing instrument" means any instrument, aid or device designed for or represented as aiding or improving impaired human hearing and any parts of such an instrument, aid or device.
(d) "Practice of fitting and dispensing hearing instruments" means the evaluation or measurement of the powers or range of human hearing by means of an audiometer or by any other means as established by rules and regulations of the board and the consequent selection or adaptation or sale of hearing instruments intended to compensate for hearing loss, including the making of an impression of the ear.
History: L. 1968, ch. 164, § 7; L. 2006, ch. 115, § 6; July 1.
(b) No person shall use the title "hearing instrument dispenser," "hearing aid dispenser," "hearing instrument specialist," "hearing aid specialist," "hearing aid dealer," "hearing instrument dealer" or any other comparable or similar term or by any other words, letters, abbreviations or insignia that indicate such person practices the fitting of hearing instruments unless such person is licensed by the board.
History: L. 1968, ch. 164, § 8; L. 2006, ch. 115, § 7; July 1.
History: L. 1968, ch. 164, § 9; L. 2006, ch. 115, § 8; July 1.
(1) A person while such person is engaged in the practice of fitting hearing aids if such person's practice is part of the academic curriculum of an accredited institution of higher education or part of a program conducted by a public, charitable institution or nonprofit organization, which is primarily supported by voluntary contributions so long as such organization does not sell hearing aids or accessories thereto; or
(2) a licensed audiologist employed by a publicly funded school district, a special education cooperative or an education service center while serving preschool through high school age students so long as such organization does not sell hearing aids or accessories thereto and such person performing the fitting in this section does not specifically charge the person fitted a fee for such services.
(b) If a person exempt from this act pursuant to subsection (a) is a licensee of another state agency and a complaint is filed against such person with such agency regarding conduct covered by this act, such agency shall consult with the Kansas board of examiners in fitting and dispensing of hearing aids regarding such complaint.
(c) This act shall not be construed to prevent or limit any person who is a practitioner of the healing arts licensed by the state board of healing arts in treatment of any kind or in fitting hearing aids to the human ear.
History: L. 1968, ch. 164, § 10; L. 2003, ch. 47, § 1; July 1.
License application--not more than.................$150
Temporary license--not more than.................$150
Temporary license renewal--not more than.................$150
License--not more than.................$150
License or certificate of endorsement renewal--not more than.................$150
License or certificate of endorsement late renewal--not more than.................$200
License or certificate of endorsement reinstatement--not more than.................$300
Examination (written)--not more than.................$50
Examination (practical, each section)--not more than.................$35
State licensure verification per state--not more than.................$25
Replacement of certificate or license--not more than.................$25
Change of supervisor--not more than.................$25
Insufficient funds--not more than.................$35
Inactive license or renewal of inactive license--not more than.................$25
Conversion of inactive license to active license--not more than.................$150
(b) Whenever the board shall determine that the total amount of
revenue derived from the fees collected pursuant to this section is
insufficient to carry out the purposes for which such fees are
collected, the board may amend such rules and regulations to increase
the amount of the fee, except that the amount of the fee for any item
shall not exceed the maximum amount authorized by this section.
Whenever the amount of fees collected pursuant to this section provides
revenue in excess of the amount necessary to carry out the purposes for
which such fees are collected, it shall be the duty of the board to
decrease the amount of the fee for one or more of the items listed in
this subsection by amending the rules and regulations which fix such
fees.
(c) Fees paid under this section are not refundable.
History: L. 1980, ch. 243, § 1;
L. 1999, ch. 75, § 1;
L. 2006, ch. 115, § 9; July 1.
(a) Is 21 years of age or older; and
(b) has
graduated from an accredited high school or has a degree equivalent to
graduation from an
accredited high
school.
History: L. 1968, ch. 164, § 11;
L. 1980, ch. 243, § 2;
L. 1984, ch. 292, § 1;
L. 1999, ch. 75, § 2;
L. 2006, ch. 115, § 10; July 1.
(b) An applicant who fulfills the requirements of K.S.A. 74-5811, who has
completed the required training hours as established by rules and regulations
of the board and who
has not held a temporary license within the
preceding
three years may apply to the board for a
temporary license.
(c) Upon receiving an application provided under subsection (b) of
this section, accompanied by the temporary license fee provided for in K.S.A.
74-5810a, the
board may issue a temporary license which shall entitle the applicant to
practice the fitting and dispensing of hearing instruments
for a period ending
30 days after the next
examination.
(d) No temporary license shall be issued by the board under this
section unless the applicant shows to the satisfaction of the board that
such applicant is or will be employed,
and in the course of such employment will practice fitting and dispensing of
hearing instruments under the supervision of a person who
holds a
valid license issued under this act
and meets any other requirements established by rules and regulations of the
board.
(e) If a person who holds a temporary license issued under this
section does not take the next examination given after the date of
issue, the temporary license shall not be renewed, except for good cause
shown to the satisfaction of the board.
(f) If a person who holds a temporary license passes the examination, upon
payment of the license fee, the board shall issue such person a license to
practice fitting and dispensing of hearing instruments.
(g) If a person who holds a temporary license issued under
this
section takes and fails to pass the next examination given after the
date of issue, the board may renew the temporary license. However, an
individual may hold a temporary license no more than 16 months.
No more than one renewal shall be
permitted. A temporary license renewal fee as provided for in K.S.A. 74-5810a
shall be charged by the board.
(h) A temporary license may be revoked, suspended or otherwise disciplined
for the same grounds as provided in this act for licensees.
History: L. 1968, ch. 164, § 12;
L. 1980, ch. 243, § 3;
L. 2006, ch. 115, § 11; July 1.
(a) Tests of knowledge in the following areas as they pertain to the
fitting of hearing instruments.
(1) Basic physics of sound.
(2) The human hearing mechanism, including the science of hearing
and the cause and rehabilitation of abnormal hearing and hearing
disorders.
(3) Structure and function of hearing instruments.
(4) Other areas relating to the fitting of hearing
instruments as may be
determined by the board.
(b) Tests of proficiency in the following techniques as they pertain
to the fitting of hearing instruments.
(1) Pure tone audiometry, including air conduction testing and bone
conduction testing.
(2) Live voice or recorded voice speech audiometry.
(3) Effective masking.
(4) Recording and evaluation of pure tone audiograms and speech
audiometry to
determine hearing instrument candidacy.
(5) Selection and adaptation of hearing instruments and
testing of hearing
instruments.
(6) Taking earmold impressions.
(7) Troubleshooting and modification of hearing instruments.
(8) Food and drug administration medical referral criteria.
(9) The hearing instrument act and rules and regulations adopted
thereunder.
(10) Other skills as may be determined by the board for the
fitting and dispensing
of hearing instruments.
(c) The tests under this section shall not include questions
requiring a medical or surgical education.
History: L. 1968, ch. 164, § 13;
L. 2006, ch. 115, § 12; July 1.
(b) The board may issue a license to a person who is currently
licensed to practice fitting and dispensing of hearing instruments in another
jurisdiction if the board determines that the applicant demonstrates, on forms
provided by the board, compliance with the following standards as adopted by
the
board:
(1) Continuous licensure to practice fitting and dispensing of
hearing instruments during the five years immediately preceding the application
with at least the minimum professional experience as established by rules and
regulations of the board; and
(2) the absence of disciplinary actions of a serious nature brought by a
licensing board or agency of another jurisdiction.
History: L. 1968, ch. 164, § 14;
L. 1980, ch. 243, § 4;
L. 1984, ch. 292, § 2;
L. 2006, ch. 115, § 13; July 1.
(b) A person who holds a temporary license shall further notify the board
in
writing within 10 days of any change of such person's supervisor and submit the
change of supervisor fee.
(c)
The board shall keep a record of the places of practice of persons who
hold a license
or temporary license. Any
notice required to be given by the board to a person who holds a license,
temporary license or certificate of endorsement may be given by mailing it
to the address of the last place of practice of which
such person has
notified the board.
History: L. 1968, ch. 164, § 15;
L. 2006, ch. 115, § 14; July 1.
(b) A person who practices the fitting and dispensing of hearing
instruments
shall
annually pay to the board the
license
renewal fee provided for in K.S.A. 74-5810a and amendments thereto for
renewal of such person's license
and shall submit documentation that the calibration of the person's audiometric
testing
equipment has been tested and verified as accurate within the preceding
two-year period. A thirty-day grace
period shall be allowed after the expiration of a license during which the same
may be renewed on payment to the board
of the late renewal fee
provided
for in K.S.A. 74-5810a and amendments thereto and submission of the
documentation of testing and verification of calibration.
(c) Within two years after the expiration of the grace period, the
board may
reinstate a license upon payment to
the board of the license
reinstatement fee provided for in
K.S.A. 74-5810a and amendments thereto and submission of the
documentation of testing and verification of calibration. Such person may
also be required to complete such additional testing, training or education as
the board may deem necessary to establish the person's present ability to
practice with reasonable skill and safety.
(d) A person who applies for
reinstatement and whose license expired for the sole reason
of failure to renew shall be required to submit to any examination as a
condition of reinstatement if such person applies for
reinstatement more than two years
from the date of expiration of the license.
History: L. 1968, ch. 164, § 16;
L. 1980, ch. 243, § 5;
L. 1984, ch. 292, § 3;
L. 2006, ch. 115, § 15; July 1.
History: L. 1968, ch. 164, § 17; Repealed, L. 1984, ch. 292, §
4; Jan. 1, 1985.
(a) Conviction of a felony or a misdemeanor related to the practice of
fitting and dispensing hearing instruments. The record
of conviction, or a certified copy thereof certified by the clerk of the court
or
by the judge in whose court the conviction is had, shall be conclusive evidence
of such conviction.
(b) When the license has been secured or attempted to be secured by
fraud or deceit practiced upon the board.
(c) For unethical conduct or unprofessional conduct.
(d) Advertising in a manner that is false,
fraudulent, deceptive or misleading.
(e) Practicing the fitting or dispensing of hearing
instruments under a false or
alias name other than a legal business entity name.
(f) For violation of any of the provisions of this act or any rule and
regulation adopted hereunder.
(g) For negligent or incompetent practice or supervision.
History: L. 1968, ch. 164, § 18;
L. 1999, ch. 75, § 3;
L. 2006, ch. 115, § 17; July 1.
(a) Sell, barter or offer to sell or barter a license.
(b) Purchase or procure by barter a license with intent
to use it as evidence of the holder's qualification to practice the fitting
and dispensing of hearing aids.
(c) Alter materially a license.
(d) Use or attempt to use as a valid license a
license which
has
been purchased, fraudulently obtained, counterfeited or materially altered.
(e) Willfully make a false, material statement in an application for
a Kansas license or for renewal or
reinstatement of a Kansas license.
(f) Sell through the mail, courier or delivery service, internet,
telephonically or electronically hearing instruments without prior fitting and
testing by a licensee
except for a replacement of a hearing instrument that was previously
fitted and tested by a licensee.
History: L. 1968, ch. 164, § 19;
L. 2006, ch. 115, § 19; July 1.
History: L. 1968, ch. 164, § 20;
L. 1984, ch. 313, § 138;
L. 2006, ch. 115, § 20; July 1.
In the event that any licensee shall fail to meet such annual
educational requirement, the
license shall be denied. The
board of examiners may reinstate such licensee to practice the fitting and
dispensing of hearing aids upon the presentation of satisfactory evidence
of educational study of a standard approved by the board, and upon the
payment of all fees due.
History: L. 1968, ch. 164, § 21;
L. 2006, ch. 115, § 21; July 1.
History: L. 1968, ch. 164, § 22; July 1.
History: L. 1968, ch. 164, § 23;
L. 2006, ch. 115, § 22; July 1.
History: L. 1968, ch. 164, § 24;
L. 1999, ch. 75, § 4; July 1.
(b) Each inactive license may be renewed subject to the provisions of this
section. Each inactive licensee may apply for a license to regularly engage in
the practice of fitting and dispensing hearing instruments upon filing a
written application with the board. The request shall be on a form provided by
the board and shall be accompanied by the conversion fee established pursuant
to K.S.A. 74-5810a, and amendments thereto, and documentation that the
calibration of the person's audiometric testing equipment has been tested and
verified as accurate. For those licensees whose license has been inactive for
less than two years, the board shall adopt rules and regulations establishing
appropriate continuing education requirements for inactive licensees to become
licensed to regularly practice fitting and dispensing hearing instruments
within Kansas. Any licensee whose license has been inactive for more than two
years, in addition to completing appropriate continuing education requirements
pursuant to rules and regulations adopted by the board, may be required to
complete such additional testing, training or education as the board may deem
necessary to establish the licensee's present ability to practice with
reasonable skill and safety.
(c) This section shall be part of and supplemental to the hearing instrument
act.
History: L. 2006, ch. 115, § 16; July 1.
(b) If the board determines that an individual has practiced
fitting or dispensing of hearing instruments without a valid license, in
addition to any other penalties imposed by the law, the board in accordance
with the Kansas administrative procedure act, may issue a cease and desist
order against such individual.
(c) Whenever in the judgment of the board any person has
engaged, or is about to engage, in any acts or practices which constitute or
will constitute a violation of the hearing instrument act, the board may make
application to any court of competent jurisdiction for an order enjoining such
acts or practices, and upon a showing by the board that such person has engaged
or is about to engage in any such acts or practices, an injunction, restraining
order or such other order as may be appropriate shall be granted by such court
without bond.
(d) In all matters pending before the board, the board shall
have the option to censure the licensee in lieu of other disciplinary action.
(e) In all matters pending before the board, the board shall
have
the power to revoke the license of any licensee who voluntarily surrenders such
person's license pending investigation of misconduct or while charges of
misconduct against the licensee are pending or anticipated.
(f) This section shall be part of and supplemental to the hearing instrument
act.
History: L. 2006, ch. 115, § 18; July 1.