North Dakota Administrative Code Title 104 - North Dakota Board of Hearing Instrument Dispensers

The North Dakota Administrative Code, Title 104 – North Dakota Board of Hearing Instrument Dispensers outlines the rules and regulations governing the practice of hearing instrument dispensing in North Dakota. The North Dakota Board of Hearing Instrument Dispensers is responsible for ensuring that individuals who dispense hearing aids and related devices are properly licensed, educated, and qualified to provide services that meet the health and safety needs of consumers. This regulatory framework helps protect consumers while ensuring professional standards are met in the dispensing of hearing aids.

Key Areas Covered

General Provisions

Purpose and Authority: Establishes the mission and authority of the North Dakota Board of Hearing Instrument Dispensers. The primary mission is to regulate the practice of hearing instrument dispensing and ensure public safety by certifying and licensing qualified professionals to dispense hearing aids and provide related services.

Definitions: Provides definitions for terms used throughout the regulations, such as "hearing instrument," "dispensing," "licensee," "board," "hearing aid," and "consumer." These definitions clarify the scope of practice and the responsibilities of professionals within the field.

Board Composition: Describes the structure of the North Dakota Board of Hearing Instrument Dispensers, including the number of members, their qualifications, and the process of selection. The Board typically includes professionals with experience in audiology and hearing aid dispensing.

Licensing Requirements

Licensing Criteria: Details the requirements for obtaining a license to dispense hearing instruments in North Dakota. This includes specific education and training requirements, such as completing an accredited program in hearing instrument dispensing or audiology and passing a written and practical exam.

Application Process: Outlines the steps involved in applying for a license, including submitting a completed application form, providing proof of education and training, and passing the required examination.

Examination: Specifies the content and format of the licensing exam, which typically covers areas such as hearing science, audiology basics, hearing instrument technology, fitting techniques, and ethics.

Continuing Education: Describes the continuing education requirements for license renewal. Hearing instrument dispensers must complete a certain number of hours of continuing education every year to ensure they stay updated on new technology and best practices in the field.

Reciprocity and Out-of-State Licenses: Details the process for individuals licensed in other states to obtain licensure in North Dakota, including the potential for reciprocity if the individual meets equivalent educational and licensing standards.

Standards of Practice

Professional Conduct: Defines the expected ethical standards and professional behavior for hearing instrument dispensers. This includes ensuring that all services provided are in the best interest of the patient, maintaining confidentiality, and upholding high standards of honesty and integrity.

Patient Care: Describes the obligations of hearing instrument dispensers to provide quality care, which includes conducting appropriate hearing tests, recommending suitable hearing instruments, and providing fitting and follow-up care to ensure optimal hearing aid performance.

Fitting and Maintenance: Details the steps involved in the fitting process for hearing aids, including how the device is adjusted to the patient's specific hearing needs. It also covers the maintenance and repair of hearing aids, which may include routine checks and cleaning.

Advertising and Business Practices

Advertising Rules: Regulates the types of advertisements that hearing instrument dispensers can use to promote their services. Advertisements must be truthful, not misleading, and must accurately represent the services provided. This section also outlines prohibited practices such as offering guarantees that may mislead consumers.

Billing Practices: Outlines ethical and legal billing practices for hearing instrument dispensers. This includes transparency in pricing, providing clear contracts, and ensuring that consumers are aware of any additional costs beyond the initial fitting of the hearing aid.

Complaint Procedures and Enforcement

Filing a Complaint: Details the process for consumers and other professionals to file complaints against hearing instrument dispensers who may have violated state regulations or ethical standards. This includes a step-by-step process for submitting a formal complaint to the Board.

Investigation Process: Describes how the Board investigates complaints, including the review of evidence, interviewing involved parties, and possibly conducting hearings to resolve the issue. The Board may also conduct random audits of practices to ensure compliance with regulations.

Disciplinary Actions: Outlines the potential disciplinary actions the Board can take if a dispenser is found to be in violation of regulations. These actions may include fines, suspension or revocation of licensure, and probation. It may also involve mandatory retraining or corrective action plans.

Board Meetings and Governance

Board Meetings: Specifies the schedule and format for Board meetings. These meetings are typically open to the public, and the Board must follow a formal procedure for conducting business, reviewing applications, and discussing disciplinary matters.

Record Keeping: Describes the Board’s responsibility for maintaining accurate records, including licensing data, complaint resolutions, and continuing education records.

Public Access to Information: The Board is required to make certain records and reports available to the public, ensuring transparency in its operations and decisions.

Licensure Renewal and Inactive Status

Renewal Process: Explains the process for renewing a hearing instrument dispenser’s license, which typically includes submitting a renewal application, paying the required fees, and providing evidence of meeting continuing education requirements.

Inactive Status: Outlines the process for placing a license on inactive status, including the circumstances under which this may occur (such as retirement or taking an extended leave). It also provides information on how a licensee may return to active status after a period of inactivity.

Expiration and Late Fees: Details the rules governing license expiration, as well as any late fees or penalties for failing to renew a license on time.

Ethics and Professionalism

Ethical Practices: The Board emphasizes the importance of ethical conduct and professionalism in the practice of hearing instrument dispensing. This includes ensuring the best interest of the consumer is always prioritized, respecting patient confidentiality, and avoiding any form of exploitation or coercion.

Professional Responsibility: Dispensers are expected to maintain their competence through ongoing education, and to collaborate with other healthcare providers when necessary to ensure comprehensive care for their patients.

Purpose of Title 104 – North Dakota Board of Hearing Instrument Dispensers

The main objectives of Title 104 are:

To regulate and ensure the competence of hearing instrument dispensers in North Dakota to safeguard the public’s health and well-being.

To establish standards of practice and ethical conduct within the hearing instrument dispensing profession.

To protect consumers by ensuring that dispensers are properly trained, licensed, and held accountable for their professional actions.

To foster transparency and fair business practices in the advertising, billing, and conduct of hearing instrument dispensers.

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