North Carolina Administrative Code

21 NCAC 22F .0109 FEES History Note: Authority G.S. 12-3.1; 93D-3; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22F .0110 REFUNDS (recodified to 21 NCAC 22a .0502 May 1, 2013)

21 NCAC 22F .0117 APPRENTICE TERMINATION History Note: Authority G.S. 93D-3; 150B-9(c); Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22F .0118 CHANGE OF ADDRESS (recodified to 21 ncac 22i .0114 may 1, 2013)

21 NCAC 22F .0119 SPONSORS' RESIDENCE History Note: Authority G.S. 93D-3; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22F .0120 CONTINUING EDUCATION History Note: Authority G.S. 93D-3(c); 93D-11; Eff. April 23, 1976; Amended Eff. March 1, 1996; May 1, 1988; Repealed Eff. September 1, 2013.

21 NCAC 22F .0121 REINSTATEMENT OF AN EXPIRED LICENSE (a) For those applicants seeking reinstatement of a license that has been expired for more than 60 days but less than five years, the applicant may satisfy the Board's requirement for annual continuing education as a condition…

21 NCAC 22F .0122 reciprocity History Note: Authority G.S. 93D-3(c); 93D-5; 93D-6; 93D-9; Recodified from 21 NCAC 22F .0104(d) Eff. May 1, 2013; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016; Repealed Eff. March 1, 2018.

21 NCAC 22F .0123 MILITARY LICENSURE (a) The Board shall issue a license to a military-trained applicant seeking licensure as a hearing aid specialist in North Carolina upon the applicant demonstrating the qualifications as prescribed by the provisions of G.S. 93B-15.1(a). (b) Th…

section .0200 - continuing education 21 NCAC 22F .0201 Continuing education definitions The following definitions apply to the Rules contained in this Section: (1) "CE Program" means a continuing education presentation where attendance is monitored and the participants are requir…

21 NCAC 22F .0202 Annual Continuing education requirements (a) A licensee shall complete and record with the Board 10 hours (1.00 CEU credit) of Board-approved continuing education annually, from sessions assigned to Category 1 in accordance with Rule .0203 of this Section. (b) T…

21 NCAC 22f .0203 CONTENT CATEGORIES (a) Sessions assigned to Category 1, as described in this Rule, shall satisfy the continuing education requirement for license renewal. Any session not assigned to Category 1 shall not be approved to satisfy the continuing education requiremen…

21 NCAC 22F .0204 CE PROGRAM APPLICATION (a) Any individual or program sponsor shall submit a program application to the Board to request Board-approved CEU credit for a CE program. The person designated on the Board's program application as the program's applicant shall receive …

21 NCAC 22F .0205 CONTENT APPROVAL PROCESS (a) The Board shall use the start date of a program to determine the CEU Accrual Period assigned to Board-approved CEU credit. The Board shall deny CEU credit for a program when the program application does not list the date and location…

21 NCAC 22f .0206 APPEALS AND CE PROGRAM modification (a) Only the initial applicant shall possess the right to appeal the decision of the Board. The applicant's appeal shall include a written statement and any supplemental documentation to support the appeal. The appeal shall be…

21 NCAC 22F .0207 RECORDING CEU CREDIT (a) A licensee shall have proof of attendance in order to record CEU credit with the Board: (1) For pre-approved CE Programs, the program sponsor shall provide each licensee in attendance with the approved CE Program Report of Attendance. At…

21 NCAC 22F .0208 SELF-STUDY (a) Self-study may be completed to satisfy all 10 hours of the continuing education requirement during each CEU Accrual Period. (b) Each self-study event of one session and up to 10 sessions completed in the same CEU Accrual Period may be reported on …

21 NCAC 22F .0209 CONTINUING EDUCATION RECORDS (a) The Board shall maintain a cumulative record of the CEU credit recorded for each licensee during the three most recent CEU Accrual Periods. (b) A summary of recorded CEU credits may be viewed on the Board website. A request for a…

SECTION .0300 – APPRENTICESHIPS 21 NCAC 22F .0301 APPRENTICESHIP REQUIREMENTS (a) Pursuant to G.S. 93D-5 and G.S. 93D-9, an individual who seeks licensure from the Board shall first complete one full year of apprenticeship, with exception of those applicants eligible for waiver p…

21 NCAC 22F .0302 SPONSOR'S DUTIES (a) The registered sponsor shall obtain a Registered Sponsor Certificate from the Board before accepting any apprentice. The Board shall issue a Registered Sponsor Certificate to a licensee of this Board who has held a permanent license for a mi…

21 NCAC 22F .0303 CERTIFICATE EXPIRATION AND RENEWAL (a) The initial apprentice registration certificate, and any subsequently issued replacement certificates issued within the first year of apprenticeship, shall expire after the apprentice has held a valid certificate for a tota…

21 NCAC 22F .0304 EARLY TERMINATION OF APPRENTICESHIP (a) If the apprentice or registered sponsor terminates the apprenticeship for any reason, the apprentice certificate shall be invalid and the apprentice shall cease to perform duties within the scope of practice for a Hearing …

21 NCAC 22f .0305 report of apprenticeship experience (a) The Report of Apprenticeship Experience form shall be available on the Board's website (www.nchalb.org) to report supervised training and one full year of apprenticeship as defined in 21 NCAC 22A .0401 including: (1) conta…

21 NCAC 22f .0306 APPRENTICE DISCIPLINE (a) Apprentices shall comply with the Rules set forth in this Chapter, including the code of ethics as set forth in Subchapter 22J, and with the provisions set forth in Chapter 93D of the General Statutes of North Carolina. (b) The Board sh…

SUBCHAPTER 22I - PROFESSIONAL AFFAIRS 21 NCAC 22I .0101 CLIENTS' INTEREST In order to serve the best interest of the client, all licensees and registered apprentices shall advise their clients to take the recommended actions as prescribed in 21 CFR 801 (effective August 15, 1977)…

21 NCAC 22I .0102 PROFICIENCY History Note: Authority G.S. 93D-3; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22I .0103 VISUAL INSPECTION AND HEARING TEST (a) All licensees and registered apprentices shall make a visual inspection of the external auditory canal and the tympanic membrane, using a device having its own light source in order to fulfill the requirements of 21 CFR 801…

21 NCAC 22I .0106 DISCLOSURE (a) In addition to the information required by G.S. 93D-7, all licensees and registered apprentices shall, by the time of delivery of the hearing aid(s), complete one or more written statements of sale containing the following: (1) The business name a…

21 NCAC 22I .0107 AUDIOMETERS History Note: Authority G.S. 93D-3; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22I .0108 CALIBRATION CHECK FOR AUDIOMETERS (a) All audiometers used in the fitting and selling of hearing aids shall have an annual calibration check and be recalibrated, if necessary, in accordance with the standards cited in Rule .0010 of this Subchapter. (b) Whenever …

21 NCAC 22I .0109 APPROVAL OF CALIBRATERS The Board shall not accept calibration records from any individual or calibration center unless such individual or center is registered with the Board and has performed the calibration in accordance with Rule .0010 of this Subchapter. Man…

21 NCAC 22I .0110 STANDARDS FOR AUDIOMETERS All audiometers used for fitting and selling hearing aids shall be in calibration according to the standards contained in the ANSI S3.6-1969 specifications for audiometers which are herein adopted by reference, in accordance with G.S. 1…

21 NCAC 22I .0111 SYMBOLS FOR AUDIOGRAMS (a) The Board recommends that the following standard symbols be used in recording hearing thresholds: (1) Right ear unmasked will be denoted as follows: (A) air -- a small circle; (B) bone -- a 45 degree angle pointing left. (2) Left ear u…

21 NCAC 22I .0112 DISPLAY OF PRINTED CERTIFICATES Pursuant to G.S. 93D-12, all licensees and registered apprentices shall have a street address, located within the State of North Carolina, at which they display their license or apprentice registration certificate. In addition, al…

21 NCAC 22I .0113 LOCATION FOR PROVISION OF SERVICE (a) Service after sale is a consumer's right and all licensees and registered apprentices shall furnish to each hearing aid purchaser, in writing, at least one business address within the State of North Carolina where service an…

21 NCAC 22I .0114 CHANGE OF ADDRESS All individuals regulated by the Board shall provide the Board with current address information by completing the online address change form available on the Board's website (www.nchalb.org) within 14 days of any change in mailing address or na…

SUBCHAPTER 22J - CODE OF ETHICS 21 NCAC 22J .0101 FRAUD History Note: Authority G.S. 93D-13; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22J .0102 EMPLOYMENT OF UNQUALIFIED PERSONS It shall be unethical to employ directly or indirectly any unqualified person to perform in a capacity regulated by Chapter 93D of the General Statutes of North Carolina. History Note: Authority G.S. 93D-3(c); Eff. April 23, 197…

21 NCAC 22J .0103 ADVERTISING It shall be unethical to perform any of the following acts: (1) To advertise a particular model, type, or kind of hearing aid for sale when purchasers or prospective purchasers responding to such advertisements cannot have it demonstrated to them or …

21 NCAC 22J .0104 USE OF LICENSE BY ANOTHER History Note: Authority G.S. 93D-13; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22J .0105 DEFAMATION OF COMPETITORS It shall be unethical to defame competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, or questioned credit standing or competency, or to falsely disparage the products of competitors in any respec…

21 NCAC 22J .0106 DISPLAY OF PRODUCTS History Note: Authority G.S. 93D-13; Eff. April 23, 1976; Repealed Eff. May 1, 1988.

21 NCAC 22J .0107 PRICES It shall be unethical to quote prices of a competitor without disclosing that they may not be the actual current prices charged by the competitor. History Note: Authority G.S. 93D-3(c); 93D-13(a); Eff. April 23, 1976; Amended Eff. May 1, 1988; Pursuant to…

21 NCAC 22J .0108 USE OF TRADEMARKS It shall be unethical to imitate, copy, or otherwise simulate the trademarks, trade names, service marks, brands, or labels of competitors for the purpose of misleading or deceiving consumers. History Note: Authority G.S. 93D-3(c); 93D-13(a); E…

21 NCAC 22J .0109 OBTAINING INFORMATION ABOUT COMPETITORS It shall be unethical to obtain information concerning the business of a competitor by bribery of an employee or agent of such competitor, by misrepresentations, or by any other unfair means. History Note: Authority G.S. 9…

21 NCAC 22J .0110 INDUCEMENTS TO PURCHASE It shall be unethical to directly or indirectly give, offer to give, permit, or cause to be given money or anything of value to any person who advises another in a professional capacity, for the purpose of diverting or influencing the fre…

21 NCAC 22J .0114 FALSE OR CONCEALED INFORMATION It shall be unethical to make false statements or representations to the Board or to willfully conceal information from the Board in connection with the issuance, reinstatement, reissuance, replacement, or renewal of a license or a…

21 NCAC 22J .0115 FAILURE TO GIVE NOTICE/RIGHT TO CANCEL SALE/OFF-PREMISES SALES It shall be unethical to violate any of the provisions of G.S. 14-401.13, which makes it a criminal violation to fail to give a right to cancel in off-premises sales, or of 16 C.F.R. ' 429.1, which r…

21 NCAC 22J .0116 SCOPE OF PRACTICE It shall be unethical for a licensee or apprentice to perform services as set forth in G.S. 93D-1.1 if the licensee or apprentice has not been trained for the specific service. History Note: Authority G.S. 93D-1.1; 93D-3; 93D-9; 93D-13; Tempora…

21 NCAC 22K .0105 ACCESS TO FORMS History Note: Authority G.S. 93D-3(c); Eff. February 1, 1996; Repealed Eff. September 1, 2013.