Amendments for HB20-1218

House Journal, February 27
52 HB20-1218 be amended as follows, and as so amended, be referred to
53 the Committee on Finance with favorable
54 recommendation:
55
1 Amend printed bill, strike everything below the enacting clause and
2 substitute:
106 3 "SECTION 1. In Colorado Revised Statutes, amend 12-230-
4 as follows:
5 12-230-106. Repeal of article - review of functions. This article
6 230 is repealed, effective September 1, 2020 2031. Before the repeal, the
7 licensing and supervisory functions of the director are scheduled for
8 review in accordance with section 24-34-104.
9 SECTION 2. In Colorado Revised Statutes, 24-34-104, repeal
10 (19)(a)(VI); and add (32) as follows:
11 24-34-104. General assembly review of regulatory agencies
12 and functions for repeal, continuation, or reestablishment - legislative
13 declaration - repeal. (19) (a) The following agencies, functions, or both,
14 are scheduled for repeal on September 1, 2020:
15 (VI) The licensing of hearing aid providers by the division of
16 professions and occupations in accordance with article 230 of title 12;
17 (32) (a) THE FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, ARE
18 SCHEDULED FOR REPEAL ON SEPTEMBER 1, 2031:
19 (I) THE LICENSING OF HEARING AID PROVIDERS BY THE DIVISION OF
20 PROFESSIONS AND OCCUPATIONS IN ACCORDANCE WITH ARTICLE 230 OF
21 TITLE 12.
22 (b) THIS SUBSECTION (32) IS REPEALED, EFFECTIVE SEPTEMBER 1,
23 2033.
24 SECTION 3. In Colorado Revised Statutes, 6-1-701, amend
25 (2)(a)(III) and (2)(e)(III)(B); and repeal (2)(c)(I) as follows:
26 6-1-701. Dispensing hearing aids - deceptive trade practices -
27 definitions. (2) In addition to any other deceptive trade practices under
28 section 6-1-105, a dispenser engages in a deceptive trade practice when
29 the dispenser:
30 (a) Fails to deliver to each person to whom the dispenser
31 dispenses a hearing aid a receipt that:
32 (III) Bears, in no smaller type than the largest used in the body of
33 the receipt, a provision indicating that dispensers who are licensed
34 certified, or registered by the department of regulatory agencies are
35 regulated by the division of professions and occupations in the
36 department of regulatory agencies; AND
37 (c) (I) Fails to receive from a licensed physician, before
38 dispensing, fitting, or selling a hearing aid to any person, a written
39 prescription or recommendation, issued within the previous six months,
40 that specifies that the person is a candidate for a hearing aid; except that
41 any person eighteen years of age or older who objects to medical
42 evaluation on the basis of religious or personal beliefs may waive the
43 requirement by delivering to the dispenser a written waiver;
44 (e) Fails to provide a minimum thirty-day rescission period with
45 the following terms:
46 (III) (B) The written contract or receipt provided to the buyer must
47 also contain a statement, in print size no smaller than ten-point type, that
48 the sale is void and unenforceable if the hearing aid being purchased is
49 not delivered to the consumer within thirty days after the date the written
50 contract is signed or the receipt is issued, whichever occurs later. The
51 written contract or receipt must also include the dispenser's license
52 certification, or registration number, if the dispenser is required to be
53 licensed certified or registered by the state, and a statement that the
54 dispenser will promptly refund all moneys MONEY paid for the purchase
55 of a hearing aid if it is not delivered to the consumer within the thirty-day
1 period. The buyer cannot waive this requirement, and any attempt to
2 waive it is void.
3 SECTION 4. In Colorado Revised Statutes, 12-20-408, amend
4 (2)(e) and (2)(f); and repeal (2)(g) as follows:
5 12-20-408. Judicial review. (2) A district court of competent
6 jurisdiction has initial jurisdiction to review all final actions and orders
7 of a regulator that are subject to judicial review and shall conduct the
8 judicial review proceedings in accordance with section 24-4-106 (3) for
9 the following:
10 (e) Article 200 of this title 12 concerning acupuncturists; AND
11 (f) Article 210 of this title 12 concerning audiologists. and
12 (g) Article 230 of this title 12 concerning hearing aid providers.
13 SECTION 5. In Colorado Revised Statutes, 12-230-103, amend
14 (4) as follows:
15 12-230-103. Scope of article - exemption. (4) Nothing in this
16 article 230 prohibits a business or licensee from
17 (a) hiring and employing unlicensed staff to assist with conducting
18 business practices and to assist in dispensing hearing aids if the
19 unlicensed staff are properly supervised by a licensee; except that the
20 employees UNLICENSED STAFF may not conduct hearing tests or perform
21 the initial fitting of hearing aids. or
22 (b) Performing tasks that would be permissible if the licensee was
23 not licensed.
24 SECTION 6. In Colorado Revised Statutes, 12-230-104, amend
25 (1)(e) as follows:
26 12-230-104. Scope of practice. (1) The scope of practice for a
27 hearing aid provider includes:
28 (e) Prescribing, selecting, and fitting appropriate hearing
29 instruments and assistive devices, including appropriate technology,
30 electroacoustic targets, programming parameters, and special
31 applications, as indicated, WITH EITHER THE INITIAL TESTING OR THE FIRST
32 FITTING PERFORMED IN-PERSON;
105 33 SECTION 7. In Colorado Revised Statutes, amend 12-230-
34 as follows:
35 12-230-105. Title protection - use of title. It is unlawful for any
36 person to use the title "hearing aid provider" or "hearing aid dispenser"
37 OR ANY OTHER TITLE THAT IMPLIES THE PERSON IS QUALIFIED AS A
38 HEARING AID PROVIDER unless he or she THE PERSON is licensed as a
39 hearing aid provider pursuant to this article 230.
40 SECTION 8. In Colorado Revised Statutes, 12-230-201, amend
41 (1) and (3)(a) as follows:
42 12-230-201. License required - application -
43 qualifications. (1) A hearing aid provider shall obtain a license pursuant
44 to this section before:
45 (a) Engaging in the practice of dispensing, fitting, or dealing in
46 hearing aids; OR
47 (b) DIRECTLY OR INDIRECTLY SELLING OR NEGOTIATING TO SELL
48 ANY HEARING AID FOR THE HEARING IMPAIRED.
49 (3) In order to qualify for licensure pursuant to this section, an
50 applicant must either:
51 (a) Have passed the national A competency examination of the
52 National Board for Certification in Hearing Instrument Sciences
53 (NBC-HIS), unless the director determines, by rule, that this examination
54 no longer meets the minimum standards necessary for licensure, in which
55 case, only an examination that the applicant passed prior to the date of the
1 ruling will be acceptable AS DETERMINED BY THE DIRECTOR BY RULE; or
2 SECTION 9. In Colorado Revised Statutes, add 12-230-206 and
3 12-230-207 as follows:
4 12-230-206. Financial assurance required - rules. (1) BEFORE
5 THE DIRECTOR ISSUES A LICENSE TO AN APPLICANT FOR A HEARING AID
6 PROVIDER LICENSE, THE APPLICANT SHALL POST A SURETY BOND IN THE
7 AMOUNT OF TEN THOUSAND DOLLARS, MAINTAIN A ONE-MILLION-DOLLAR
8 PROFESSIONAL LIABILITY POLICY, OR COMPLY WITH AN ALTERNATIVE AS
9 DETERMINED BY THE DIRECTOR. A LICENSED HEARING AID PROVIDER
10 SHALL MAINTAIN THE REQUIRED BOND, POLICY, OR ALTERNATIVE AT ALL
11 TIMES.
12 (2) THE DIRECTOR MAY FILE A CLAIM ON, OR ASSIST A CONSUMER
13 IN FILING A CLAIM, ON THE BOND, POLICY, OR ALTERNATIVE.
14 (3) THE DIRECTOR, BY RULE, SHALL DETERMINE THE
15 REQUIREMENTS FOR THE FINANCIAL ASSURANCE REQUIRED BY THIS
16 SECTION.
17 12-230-207. Continuing education. EACH LICENSED HEARING AID
18 PROVIDER IN ACTIVE PRACTICE WITHIN THE STATE OF COLORADO SHALL
19 ANNUALLY ATTEND NOT LESS THAN EIGHT HOURS OF CONTINUING
20 EDUCATION ON SUBJECTS RELATED TO THE SCOPE OF PRACTICE SPECIFIED
21 IN SECTION 12-230-104.
22 SECTION 10. In Colorado Revised Statutes, 12-230-401, amend
23 (1)(k), (1)(p), and (1)(q); and add (1)(r) and (2) as follows:
24 12-230-401. Grounds for discipline. (1) The following acts
25 constitute grounds for discipline:
26 (k) Failing to adequately supervise a licensed hearing aid provider
27 apprentice or any employee pursuant to section 12-230-103 (4)(a) (4) or
28 12-230-204 (2);
29 (p) Selling, dispensing, adjusting, providing training or teaching
30 in regard to, or otherwise servicing surgically implanted hearing devices
31 unless the hearing aid provider is an audiologist or a physician; and
1 32 (q) Violating the "Colorado Consumer Protection Act", article
33 of title 6; AND
34 (r) FAILING TO PRACTICE ACCORDING TO COMMONLY ACCEPTED
35 PROFESSIONAL STANDARDS.
36 (2) ANY DISCIPLINARY ACTION TAKEN BY ANOTHER STATE, A
37 LOCAL JURISDICTION, OR THE FEDERAL GOVERNMENT AGAINST AN
38 APPLICANT OR LICENSEE CONSTITUTES PRIMA FACIE EVIDENCE OF
39 GROUNDS FOR DISCIPLINARY ACTION, INCLUDING DENIAL OF A LICENSE
40 UNDER THIS ARTICLE 230; EXCEPT THAT THIS SUBSECTION (2) APPLIES
41 ONLY TO DISCIPLINE FOR ACTS OR OMISSIONS THAT ARE SUBSTANTIALLY
42 SIMILAR TO THOSE SET OUT AS GROUNDS FOR DISCIPLINARY ACTION UNDER
43 THIS SECTION.
44 SECTION 11. In Colorado Revised Statutes, add part 5 to article
45 230 of title 12 as follows:
5 46 PART
47 DECEPTIVE TRADE PRACTICES
48 12-230-501. Definitions. AS USED IN THIS PART 5, UNLESS THE
49 CONTEXT OTHERWISE REQUIRES:
50 (1) "DISPENSER" MEANS A PERSON LICENSED AS A HEARING AID
51 PROVIDER PURSUANT TO PART 2 OF THIS ARTICLE 230 WHO DISPENSES
52 HEARING AIDS.
53 12-230-502. Dispensing hearing aids - deceptive trade
54 practices. (1) IN ADDITION TO ANY OTHER DECEPTIVE TRADE PRACTICES
55 UNDER SECTION 6-1-105, A DISPENSER ENGAGES IN A DECEPTIVE TRADE
1 PRACTICE WHEN THE DISPENSER:
2 (a) FAILS TO DELIVER TO EACH PERSON TO WHOM THE DISPENSER
3 DISPENSES A HEARING AID A RECEIPT THAT:
4 (I) BEARS THE BUSINESS ADDRESS OF THE DISPENSER, TOGETHER
5 WITH SPECIFICATIONS AS TO THE MAKE AND SERIAL NUMBER OF THE
6 HEARING AID FURNISHED AND THE FULL TERMS OF THE SALE CLEARLY
7 STATED. IF THE DISPENSER DISPENSES A HEARING AID THAT IS NOT NEW,
8 THE DISPENSER SHALL CLEARLY MARK ON THE HEARING AID CONTAINER
9 AND THE RECEIPT THE TERM "USED" OR "RECONDITIONED", WHICHEVER IS
10 APPLICABLE, WITHIN THE TERMS OF THE GUARANTEE, IF ANY.
11 (II) BEARS, IN NO SMALLER TYPE THAN THE LARGEST USED IN THE
12 BODY OF THE RECEIPT, IN SUBSTANCE, A PROVISION THAT THE BUYER HAS
13 BEEN ADVISED AT THE OUTSET OF THE BUYER'S RELATIONSHIP WITH THE
14 DISPENSER THAT ANY EXAMINATION OR REPRESENTATION MADE BY A
15 DISPENSER IN CONNECTION WITH THE PRACTICE OF DISPENSING, FITTING,
16 OR DEALING IN HEARING AIDS IS NOT AN EXAMINATION, DIAGNOSIS, OR
17 PRESCRIPTION BY A PERSON LICENSED TO PRACTICE MEDICINE IN THIS
18 STATE AND, THEREFORE, MUST NOT BE REGARDED AS MEDICAL OPINION OR
19 ADVICE;
20 (III) BEARS, IN NO SMALLER TYPE THAN THE LARGEST USED IN THE
21 BODY OF THE RECEIPT, A PROVISION INDICATING THAT DISPENSERS WHO
22 ARE LICENSED BY THE DEPARTMENT ARE REGULATED BY THE DIVISION;
23 AND
24 (IV) BEARS A PROVISION LABELED "WARRANTY" IN WHICH THE
25 EXACT WARRANTY TERMS AND PERIODS AVAILABLE FROM THE
26 MANUFACTURER ARE DOCUMENTED, OR INCLUDES AN ORIGINAL OR
27 PHOTOCOPY OF THE ORIGINAL MANUFACTURER'S WARRANTY WITH THE
28 RECEIPT;
29 (b) DISPENSES A HEARING AID TO A CHILD UNDER EIGHTEEN YEARS
30 OF AGE WITHOUT RECEIVING DOCUMENTATION THAT THE CHILD HAS BEEN
31 EXAMINED BY A LICENSED PHYSICIAN AND AN AUDIOLOGIST WITHIN SIX
32 MONTHS PRIOR TO THE FITTING;
33 (c) DISPENSES, ADJUSTS, PROVIDES TRAINING OR TEACHING IN
34 REGARD TO, OR OTHERWISE SERVICES SURGICALLY IMPLANTED HEARING
35 DEVICES UNLESS THE DISPENSER IS AN AUDIOLOGIST OR PHYSICIAN;
36 (d) FAILS TO RECOMMEND IN WRITING, PRIOR TO FITTING OR
37 DISPENSING A HEARING AID, THAT THE BEST INTERESTS OF THE
38 PROSPECTIVE USER WOULD BE SERVED BY CONSULTING A LICENSED
39 PHYSICIAN SPECIALIZING IN DISEASES OF THE EAR, OR ANY LICENSED
40 PHYSICIAN, IF ANY OF THE FOLLOWING CONDITIONS EXIST:
41 (I) VISIBLE CONGENITAL OR TRAUMATIC DEFORMITY OF THE EAR;
42 (II) ACTIVE DRAINAGE OF THE EAR, OR A HISTORY OF DRAINAGE OF
43 THE EAR WITHIN THE PREVIOUS NINETY DAYS;
44 (III) HISTORY OF SUDDEN OR RAPIDLY PROGRESSIVE HEARING
45 LOSS;
46 (IV) ACUTE OR CHRONIC DIZZINESS;
47 (V) UNILATERAL HEARING LOSS OF SUDDEN ONSET WITHIN THE
48 PREVIOUS NINETY DAYS;
49 (VI) AUDIOMETRIC AIR-BONE GAP EQUAL TO OR GREATER THAN
50 FIFTEEN DECIBELS AT 500 HERTZ (HZ), 1,000 HZ, AND 2,000 HZ;
51 (VII) VISIBLE EVIDENCE OF SIGNIFICANT CERUMEN
52 ACCUMULATION ON, OR A FOREIGN BODY IN, THE EAR CANAL; OR
53 (VIII) PAIN OR DISCOMFORT IN THE EAR;
54 (e) FAILS TO PROVIDE A MINIMUM THIRTY-DAY RESCISSION PERIOD
55 WITH THE FOLLOWING TERMS:
1 (I) THE BUYER HAS THE RIGHT TO CANCEL THE PURCHASE FOR ANY
2 REASON BEFORE THE EXPIRATION OF THE RESCISSION PERIOD BY GIVING OR
3 MAILING WRITTEN NOTICE OF CANCELLATION TO THE DISPENSER AND
4 PRESENTING THE HEARING AID TO THE DISPENSER, UNLESS THE HEARING
5 AID HAS BEEN LOST OR SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE
6 IN THE BUYER'S POSSESSION AND CONTROL. THE RESCISSION PERIOD IS
7 TOLLED FOR ANY PERIOD DURING WHICH A DISPENSER TAKES POSSESSION
8 OR CONTROL OF A HEARING AID AFTER ITS ORIGINAL DELIVERY.
9 (II) THE BUYER, UPON CANCELLATION, IS ENTITLED TO RECEIVE A
10 FULL REFUND OF ANY PAYMENT MADE FOR THE HEARING AID WITHIN
11 THIRTY DAYS AFTER RETURNING THE HEARING AID TO THE DISPENSER,
12 UNLESS THE HEARING AID WAS SIGNIFICANTLY DAMAGED BEYOND REPAIR
13 WHILE IN THE BUYER'S POSSESSION AND CONTROL.
14 (III) (A) THE DISPENSER SHALL PROVIDE A WRITTEN RECEIPT OR
15 CONTRACT TO THE BUYER THAT INCLUDES, IN IMMEDIATE PROXIMITY TO
16 THE SPACE RESERVED FOR THE SIGNATURE OF THE BUYER, THE FOLLOWING
17 SPECIFIC STATEMENT IN ALL CAPITAL LETTERS OF NO LESS THAN
18 TEN-POINT, BOLD-FACED TYPE:
19 THE BUYER HAS THE RIGHT TO CANCEL
20 THIS PURCHASE FOR ANY REASON AT ANY
21 TIME PRIOR TO 12 MIDNIGHT ON THE [INSERT
22 APPLICABLE RESCISSION PERIOD, WHICH MUST BE NO
23 SHORTER THAN THIRTY DAYS AFTER RECEIPT OF THE
24 HEARING AID] CALENDAR DAY AFTER RECEIPT OF
25 THE HEARING AID BY GIVING OR MAILING THE
26 D I S P E N S E R W R I T T E N N O T I C E O F
27 CANCELLATION AND BY RETURNING THE
28 HEARING AID, UNLESS THE HEARING AID HAS
29 BEEN SIGNIFICANTLY DAMAGED BEYOND
30 REPAIR WHILE THE HEARING AID WAS IN THE
31 BUYER'S CONTROL.
32 (B) THE WRITTEN CONTRACT OR RECEIPT PROVIDED TO THE BUYER
33 MUST ALSO CONTAIN A STATEMENT, IN PRINT SIZE NO SMALLER THAN
34 TEN-POINT TYPE, THAT THE SALE IS VOID AND UNENFORCEABLE IF THE
35 HEARING AID BEING PURCHASED IS NOT DELIVERED TO THE CONSUMER
36 WITHIN THIRTY DAYS AFTER THE DATE THE WRITTEN CONTRACT IS SIGNED
37 OR THE RECEIPT IS ISSUED, WHICHEVER OCCURS LATER. THE WRITTEN
38 CONTRACT OR RECEIPT MUST ALSO INCLUDE THE DISPENSER'S LICENSE
39 NUMBER, IF THE DISPENSER IS REQUIRED TO BE LICENSED BY THE STATE,
40 AND A STATEMENT THAT THE DISPENSER WILL PROMPTLY REFUND ALL
41 MONEY PAID FOR THE PURCHASE OF THE HEARING AID IF IT IS NOT
42 DELIVERED TO THE CONSUMER WITHIN THE THIRTY-DAY PERIOD. THE
43 BUYER CANNOT WAIVE THIS REQUIREMENT, AND ANY ATTEMPT TO WAIVE
44 IT IS VOID.
45 (IV) A REFUND REQUEST FORM MUST BE ATTACHED TO EACH
46 RECEIPT AND MUST CONTAIN THE INFORMATION IN SUBSECTION (1)(a)(I)
47 OF THIS SECTION AND THE STATEMENT, IN ALL CAPITAL LETTERS OF NO
48 LESS THAN TEN-POINT, BOLD-FACED TYPE:
49 REFUND REQUEST - THIS FORM MUST BE
50 POSTMARKED BY _________ [DATE TO BE FILLED IN].
51 NO REFUND WILL BE GIVEN UNTIL THE
52 HEARING AID OR HEARING AIDS ARE
53 RETURNED TO THE DISPENSER.
54 A SPACE FOR THE BUYER'S ADDRESS, TELEPHONE NUMBER, AND
55 SIGNATURE MUST BE PROVIDED. THE BUYER IS REQUIRED ONLY TO SIGN,
1 LIST THE BUYER'S CURRENT ADDRESS AND TELEPHONE NUMBER, AND MAIL
2 THE REFUND REQUEST FORM TO THE DISPENSER. IF THE HEARING AID IS
3 SOLD IN THE BUYER'S HOME, THE BUYER MAY REQUIRE THE DISPENSER TO
4 ARRANGE THE RETURN OF THE HEARING AID.
5 (f) REPRESENTS THAT THE SERVICE OR ADVICE OF A PERSON
6 LICENSED TO PRACTICE MEDICINE WILL BE USED OR MADE AVAILABLE IN
7 THE SELECTION, FITTING, ADJUSTMENT, MAINTENANCE, OR REPAIR OF
8 HEARING AIDS WHEN THAT IS NOT TRUE OR USING THE TERMS "DOCTOR",
9 "CLINIC", "STATE-LICENSED CLINIC", "STATE-REGISTERED",
10 "STATE-CERTIFIED", OR "STATE-APPROVED", OR ANY OTHER TERM,
11 ABBREVIATION, OR SYMBOL WHEN IT WOULD:
12 (I) FALSELY GIVE THE IMPRESSION THAT SERVICE IS BEING
13 PROVIDED BY PERSONS TRAINED IN MEDICINE OR THAT THE DISPENSER'S
14 SERVICE HAS BEEN RECOMMENDED BY THE STATE WHEN THAT IS NOT THE
15 CASE; OR
16 (II) BE FALSE OR MISLEADING;
17 (g) DIRECTLY OR INDIRECTLY:
18 (I) GIVES OR OFFERS TO GIVE, OR PERMITS OR CAUSES TO BE GIVEN,
19 MONEY OR ANYTHING OF VALUE TO ANY PERSON WHO ADVISES ANOTHER
20 IN A PROFESSIONAL CAPACITY AS AN INDUCEMENT TO INFLUENCE THE
21 PERSON OR HAVE THE PERSON INFLUENCE OTHERS TO PURCHASE OR
22 CONTRACT TO PURCHASE PRODUCTS SOLD OR OFFERED FOR SALE BY THE
23 DISPENSER; EXCEPT THAT A DISPENSER DOES NOT VIOLATE THIS
24 SUBSECTION (1)(g)(I) IF THE DISPENSER PAYS AN INDEPENDENT
25 ADVERTISING OR MARKETING AGENT COMPENSATION FOR ADVERTISING OR
26 MARKETING SERVICES THE AGENT RENDERED ON THE DISPENSER'S BEHALF,
27 INCLUDING COMPENSATION THAT IS PAID FOR THE RESULTS OR
28 PERFORMANCE OF THE SERVICES ON A PER-PATIENT BASIS; OR
29 (II) INFLUENCES OR ATTEMPTS TO INFLUENCE ANY PERSON TO
30 REFRAIN FROM DEALING IN THE PRODUCTS OF COMPETITORS;
31 (h) DISPENSES A HEARING AID TO A PERSON WHO HAS NOT BEEN
32 GIVEN TESTS UTILIZING APPROPRIATE ESTABLISHED PROCEDURES AND
33 INSTRUMENTATION IN THE FITTING OF HEARING AIDS, EXCEPT WHEN
34 SELLING A REPLACEMENT HEARING AID WITHIN ONE YEAR AFTER THE DATE
35 OF THE ORIGINAL PURCHASE;
36 (i) MAKES A FALSE OR MISLEADING STATEMENT OF FACT
37 CONCERNING GOODS OR SERVICES OR THE BUYER'S RIGHT TO CANCEL WITH
38 THE INTENTION OR EFFECT OF DETERRING OR PREVENTING THE BUYER
39 FROM EXERCISING THE BUYER'S RIGHT TO CANCEL, OR REFUSES TO HONOR
40 A BUYER'S REQUEST TO CANCEL A CONTRACT FOR THE PURCHASE OF A
41 HEARING AID, IF THE REQUEST WAS MADE DURING THE RESCISSION PERIOD
42 SET FORTH IN SUBSECTION (1)(e) OF THIS SECTION;
43 (j) EMPLOYS A DEVICE, A SCHEME, OR AN ARTIFICE WITH THE
44 INTENT TO DEFRAUD A BUYER OF A HEARING AID;
45 (k) INTENTIONALLY DISPOSES OF, CONCEALS, DIVERTS, CONVERTS,
46 OR OTHERWISE FAILS TO ACCOUNT FOR ANY FUNDS OR ASSETS OF A BUYER
47 OF A HEARING AID THAT IS UNDER THE DISPENSER'S CONTROL; OR
48 (l) CHARGES, COLLECTS, OR RECOVERS ANY COST OR FEE FOR ANY
49 GOOD OR SERVICE THAT HAS BEEN REPRESENTED BY THE DISPENSER AS
50 FREE.
51 (2) (a) THIS SECTION APPLIES TO A DISPENSER WHO DISPENSES
52 HEARING AIDS IN THIS STATE.
53 (b) THIS SECTION DOES NOT APPLY TO THE DISPENSING OF HEARING
54 AIDS OUTSIDE OF THIS STATE SO LONG AS THE TRANSACTION EITHER
55 CONFORMS TO THIS SECTION OR TO THE APPLICABLE LAWS AND RULES OF
1 THE JURISDICTION IN WHICH THE TRANSACTION TAKES PLACE.
2 SECTION 12. Act subject to petition - effective date. This act
3 takes effect at 12:01 a.m. on the day following the expiration of the
4 ninety-day period after final adjournment of the general assembly (August
5 5, 2020, if adjournment sine die is on May 6, 2020); except that, if a
6 referendum petition is filed pursuant to section 1 (3) of article V of the
7 state constitution against this act or an item, section, or part of this act
8 within such period, then the act, item, section, or part will not take effect
9 unless approved by the people at the general election to be held in
10 November 2020 and, in such case, will take effect on the date of the
11 official declaration of the vote thereon by the governor.".
12
13 Page 1, line 103, strike the first "THE".
14
15

Senate Journal, June 9
HB20-1218 by Representative(s) Buckner and Jaquez Lewis, Lontine; also Senator(s) Danielson--
Concerning the continuation of the licensing of hearing aid providers, and, in connection
therewith, implementing recommendations contained in the 2019 sunset report by the
department of regulatory agencies.

Amendment No. 1(L.006), by Senator Danielson.

Amend reengrossed bill, page 15, strike lines 3 through 12 and substitute:

"SECTION 12. Effective date. This act takes effect September
1, 2020.
SECTION 13. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.".


As amended, ordered revised and placed on the calendar for third reading and final
passage.