The qualifying examination provided in section 43-33-07 consists of: 1. Tests of knowledge in the following areas pertaining to the fitting and sale of hearing instruments: a. Basic physics of sound; b. The anatomy and physiology of the ear; c. The function of hearing instruments; d. Elementary audiology; and e. Any other requirements established by the board. 2. Practical tests of proficiency in the following techniques pertaining to the fitting of hearing instruments: a. Pure tone audiometry, including air conduction testing and bone conduction testing; b. Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing; c. Masking when indicated; d. Recording and evaluation of audiograms and speech audiometry to determine proper selection and adaptation of a hearing instrument;
e. Taking earmold impressions; f. Hearing instrument modification technique; and g. Any other requirements established by the board.
43-33-10. Notice to board of place of business - Notice to licensees - How given by board. 1. A licensee shall notify the board in writing of a regular address of the place or places where the licensee engages or intends to engage in the fitting or the sale of hearing instruments. 2. The board shall keep a record of the place of business of licensees. 3. Any notice required to be given by the board to a licensee must be mailed by certified mail at the address of the last place of business of which the person has notified the board. 4. The board shall keep a record of the trainees, their place of training, and their supervisors.
43-33-11. Annual renewal of license - Fees - Continuing education - Effect of failure to renew. Each licensee shall annually, before the expiration of the person's license, pay to the board the proper fees, together with a certificate showing attendance for a minimum of ten hours of continuing education per calendar year at schools or seminars approved by the board as defined by rule, pertaining to the fitting and sales of hearing instruments, for a renewal of a license. A thirty-day grace period must be allowed after the expiration of a license when a license may be renewed on payment of the proper fees together with the certificate of continuing education to the board. After expiration of the grace period, the board may renew a license upon the payment of the proper fees together with the certificate of continuing education to the board. A licensee who applies for renewal, whose license has expired, may not be required to submit to an examination as a condition to renewal, if the renewal application is made within two years from the date of the expiration and is accompanied with a certificate of continuing education during the twelve months immediately preceding the date of application.
43-33-12. Complaint procedure - Grounds for revocation or suspension of license - Appeals. 1. Any person wishing to make a complaint against a licensee under this chapter shall file a written complaint with the board within one year from the date of the action upon which the complaint is based. If the board determines the charges made in the complaint are sufficient to warrant a hearing to determine whether the license may be suspended or revoked, it shall establish a time and place for a hearing and order the licensee complained against to appear and defend against the complaint. The order must have annexed thereto a copy of the complaint, and the order and copy of the complaint must be served upon the licensee at least twenty days before the date set for hearing, either personally or by registered mail sent to the licensee's last-known address. Continuances or adjournments of a hearing date must be made for good cause. At the hearing the licensee complained against may be represented by counsel. The licensee complained against and the board may take depositions in advance of hearing and after service of the complaint and either may compel the attendance of witnesses by subpoenas issued by the board. Either party taking depositions shall give at least five days' written notice to the other party of the time and place of such depositions, and the other party may attend with counsel if desired and cross-examine. 2. The board may revoke or suspend a person's license for any of the following causes: a. The conviction of an offense determined by the board to have a direct bearing upon a person's ability to serve the public as a hearing aid specialist, or the board determines, following conviction of any offense, that a person is not sufficiently rehabilitated under section 12.1-33-02.1.
b. Procuring of a license by fraud or deceit. c. Unethical conduct. Unethical conduct means: (1) Obtaining any fee or making any sale by fraud or misrepresentation. (2) Knowingly employing, directly or indirectly, any suspended or unregistered person to perform any work covered by this chapter. (3) Using, or causing or promoting the use of, any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful. (4) Advertising a particular model or type of hearing instrument for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type if it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised. (5) Representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when that is not true, or using the word "doctor", "clinic", "audiologist", or similar words, abbreviations, or symbols which tend to connote the medical or audiological profession when that is not accurate, or use of the titles "hearing instrument specialist", "hearing aid specialist", "board-certified hearing aid specialist", or "board-certified hearing instrument specialist" when the qualifying requirements have not been met through the international hearing society or national board for certification in hearing instrument sciences. (6) Habitual intemperance. (7) Gross immorality. (8) Permitting another to use the person's license. (9) Advertising a manufacturer's product or using a manufacturer's name or trademark that implies a relationship with the manufacturer which does not exist. (10) To directly or indirectly give or offer to give, or permit or cause to be given money or anything of value to any person who advises another in a professional capacity as an inducement to influence them or have them influence others to purchase or contract to purchase products sold or offered for sale by a licensee, or to influence persons to refrain from dealing in the products of competitors. (11) Sale of a hearing instrument to a person without adequate and proper audiometric testing. (12) Sale of a hearing instrument to a person when the need for a hearing instrument has not been established after adequate and proper audiometric testing. d. Conducting business while suffering from a contagious or infectious disease. e. Engaging in the fitting and sale of hearing instruments under a false name or alias with fraudulent intent. f. For any violation of this chapter. g. The fitting and sale of a hearing instrument to any person under eighteen years of age unless within six months before the fitting the person to be fitted has been examined by a physician and audiologist to determine whether there exist any physical deficiencies that would prohibit the effective use of a hearing instrument. 3. Appeals from suspension or revocation may be made under chapter 28-32.