1.1 	A bill for an act
1.2 	relating to health; increasing consumer protection for
1.3 	hearing aid users; amending Minnesota Statutes 2004,
1.4 	sections 153A.15, subdivision 1; 153A.19, subdivision
1.5 	2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 153A.15,
1.8 	subdivision 1, is amended to read:
1.9 		Subdivision 1.Prohibited acts.  The commissioner may
1.10 	take enforcement action as provided under subdivision 2 against
1.11 	a dispenser of hearing instruments for the following acts and
1.12 	conduct:
1.13 	(1) prescribing or otherwise recommending to a consumer or
1.14 	potential consumer the use of a hearing instrument, unless the
1.15 	prescription from a physician or recommendation from a hearing
1.16 	instrument dispenser or audiologist is in writing, is based on
1.17 	an audiogram that is delivered to the consumer or potential
1.18 	consumer when the prescription or recommendation is made, and
1.19 	bears the following information in all capital letters of
1.20 	12-point or larger boldface type:  "THIS PRESCRIPTION OR
1.21 	RECOMMENDATION MAY BE FILLED BY, AND HEARING INSTRUMENTS MAY BE
1.22 	PURCHASED FROM, THE CERTIFIED DISPENSER OF YOUR CHOICE";
1.23 	(2) failing to give a copy of the audiogram, upon which the
1.24 	prescription or recommendation is based, to the consumer when
1.25 	there has been a charge for the audiogram and the consumer
2.1 	requests a copy;
2.2 	(3) dispensing a hearing instrument to a minor person 18
2.3 	years or younger unless evaluated by an audiologist for hearing
2.4 	evaluation and hearing aid evaluation;
2.5 	(4) failing to provide the consumer rights brochure
2.6 	required by section 153A.14, subdivision 9;
2.7 	(5) being disciplined through a revocation, suspension,
2.8 	restriction, or limitation by another state for conduct subject
2.9 	to action under this chapter;
2.10 	(6) presenting advertising that is false or misleading;
2.11 	(7) providing the commissioner with false or misleading
2.12 	statements of credentials, training, or experience;
2.13 	(8) engaging in conduct likely to deceive, defraud, or harm
2.14 	the public; or demonstrating a willful or careless disregard for
2.15 	the health, welfare, or safety of a consumer;
2.16 	(9) splitting fees or promising to pay a portion of a fee
2.17 	to any other professional other than a fee for services rendered
2.18 	by the other professional to the client;
2.19 	(10) engaging in abusive or fraudulent billing practices,
2.20 	including violations of federal Medicare and Medicaid laws, Food
2.21 	and Drug Administration regulations, or state medical assistance
2.22 	laws;
2.23 	(11) obtaining money, property, or services from a consumer
2.24 	through the use of undue influence, high pressure sales tactics,
2.25 	harassment, duress, deception, or fraud;
2.26 	(12) failing to comply with restrictions on sales of
2.27 	hearing aids in sections 153A.14, subdivision 9, and 153A.19;
2.28 	(13) performing the services of a certified hearing
2.29 	instrument dispenser in an incompetent or negligent manner;
2.30 	(14) failing to comply with the requirements of this
2.31 	chapter as an employer, supervisor, or trainee;
2.32 	(15) failing to provide information in a timely manner in
2.33 	response to a request by the commissioner, commissioner's
2.34 	designee, or the advisory council;
2.35 	(16) being convicted within the past five years of
2.36 	violating any laws of the United States, or any state or
3.1 	territory of the United States, and the violation is a felony,
3.2 	gross misdemeanor, or misdemeanor, an essential element of which
3.3 	relates to hearing instrument dispensing, except as provided in
3.4 	chapter 364;
3.5 	(17) failing to cooperate with the commissioner, the
3.6 	commissioner's designee, or the advisory council in any
3.7 	investigation;
3.8 	(18) failing to perform hearing instrument dispensing with
3.9 	reasonable judgment, skill, or safety due to the use of alcohol
3.10 	or drugs, or other physical or mental impairment;
3.11 	(19) failing to fully disclose actions taken against the
3.12 	applicant or the applicant's legal authorization to dispense
3.13 	hearing instruments in this or another state;
3.14 	(20) violating a state or federal court order or judgment,
3.15 	including a conciliation court judgment, relating to the
3.16 	activities of the applicant in hearing instrument dispensing;
3.17 	(21) having been or being disciplined by the commissioner
3.18 	of the Department of Health, or other authority, in this or
3.19 	another jurisdiction, if any of the grounds for the discipline
3.20 	are the same or substantially equivalent to those in sections
3.21 	153A.13 to 153A.19;
3.22 	(22) misrepresenting the purpose of hearing tests, or in
3.23 	any way communicating that the hearing test or hearing test
3.24 	protocol required by section 153A.14, subdivision 4b, is a
3.25 	medical evaluation, a diagnostic hearing evaluation conducted by
3.26 	an audiologist, or is other than a test to select a hearing
3.27 	instrument, except that the hearing instrument dispenser can
3.28 	determine the need for or recommend the consumer obtain a
3.29 	medical evaluation consistent with requirements of the United
3.30 	States Food and Drug Administration;
3.31 	(23) violating any of the provisions of sections 153A.13 to
3.32 	153A.19; and 
3.33 	(24) aiding or abetting another person in violating any of
3.34 	the provisions of sections 153A.13 to 153A.19; and 
3.35 	(25) failing to return a consumer's hearing aid used as a
3.36 	trade-in or for a discount in the price of a new hearing aid
4.1 	when requested by the consumer upon cancellation of the purchase
4.2 	agreement.

4.3 	Sec. 2. Minnesota Statutes 2004, section 153A.19,
4.4 	subdivision 2, is amended to read:
4.5 		Subd. 2.30-day 45 calendar day guarantee and buyer right
4.6 	to cancel.  No person shall sell dispense a hearing aid in this
4.7 	state unless:
4.8 	(a) The dispenser provides the buyer with a 30-day 45
4.9 	calendar day written money-back guarantee.  The guarantee must
4.10 	permit the buyer to cancel the purchase for any reason within 30 
4.11 	45 calendar days after receiving the hearing aid by giving or
4.12 	mailing written notice of cancellation to the dispenser. If the
4.13 	consumer mails the notice of cancellation, the 45 calendar day
4.14 	period is counted using the postmark date, not the date of
4.15 	receipt by the dispenser.If the hearing aid must be repaired,
4.16 	remade, or adjusted during the 30-day 45 calendar day money-back
4.17 	guarantee period, the running of the 30-day 45 calendar day 
4.18 	period is suspended one calendar day for each 24-hour period
4.19 	that the hearing aid is not in the buyer's possession.  A
4.20 	repaired, remade, or adjusted hearing aid must be claimed by the
4.21 	buyer within three working business days after notification of
4.22 	availability, after which time the running of the 30-day 45
4.23 	calendar day period resumes.  The guarantee must entitle the
4.24 	buyer, upon cancellation, to receive a full refund of payment
4.25 	within 30 days of return of the hearing aid to the dispenser.
4.26 	The dispenser may retain as a cancellation fee ten percent no
4.27 	more than $250 of the buyer's total purchase price of the
4.28 	hearing aid.
4.29 	(b) The dispenser shall provide the buyer with a contract
4.30 	written in plain English, that contains uniform language and
4.31 	provisions that meet the requirements under the Plain Language
4.32 	Contract Act, sections 325G.29 to 325G.36.  The contract must
4.33 	include, but is not limited to, the following:  in immediate
4.34 	proximity to the space reserved for the signature of the buyer,
4.35 	or on the first page if there is no space reserved for the
4.36 	signature of the buyer, a clear and conspicuous disclosure of
5.1 	the following specific statement in all capital letters of no
5.2 	less than 12-point boldface type:  MINNESOTA STATE LAW GIVES THE
5.3 	BUYER THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY
5.4 	TIME PRIOR TO MIDNIGHT OF THE 30TH 45TH CALENDAR DAY AFTER
5.5 	RECEIPT OF THE HEARING AID(S).  THIS CANCELLATION MUST BE IN
5.6 	WRITING AND MUST BE GIVEN OR MAILED TO THE SELLER DISPENSER.  IF
5.7 	THE BUYER DECIDES TO RETURN THE HEARING AID(S) WITHIN
5.8 	THIS 30-DAY 45 CALENDAR DAY PERIOD, THE BUYER WILL RECEIVE A
5.9 	REFUND OF $....... (State the dollar amount of refund.) THE
5.10 	TOTAL PURCHASE PRICE OF THE AID(S) FROM WHICH THE DISPENSER MAY
5.11 	RETAIN AS A CANCELLATION FEE NO MORE THAN $250.