SENATE BILL No. 963

December 13, 2001, Introduced by Senators SCHWARZ, EMERSON, HAMMERSTROM,

MC MANUS, STILLE, BYRUM, JOHNSON, YOUNG, SCOTT and GARCIA

referred to the Committee on Health Policy.

A bill to amend 1980 PA 299, entitled

"Occupational code,"

by amending section 1302 (MCL 339.1302).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1302. (1) This article shall DOES not prohibit a

2 person from engaging in the business of selling or offering for

3 sale a hearing aid at retail without a license, if the person

4 employs only licensed hearing aid dealers and salespersons in the

5 direct sale and fitting of the product. Each person shall file

6 annually with the department a list of each licensed hearing aid

7 dealer or salesperson directly or indirectly employed by the

8 person and a statement on a form approved by the department that

9 the person will submit to the rules promulgated under this

10 article and the provisions of this article which THAT the

11 department considers applicable. A person engaging in the

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1 business of selling or offering for sale a hearing aid at retail

2 shall maintain a place of business in this state which is an

3 actual, established physical location from which the person con-

4 ducts business and where each applicable book or record is

5 maintained. A branch office of the person shall be under the

6 personal direct supervision of a hearing aid dealer or hearing

7 aid salesperson as qualified in section 1305.

8 (2) THIS ARTICLE DOES NOT PROHIBIT A PERSON LICENSED AS AN

9 AUDIOLOGIST UNDER PART 168 OF THE PUBLIC HEALTH CODE, 1978 PA

10 368, MCL 333.16801 TO 333.16811, FROM ENGAGING IN THE PRACTICE OF

11 SELLING OR FITTING A HEARING AID.

12 Enacting section 1. This amendatory act does not take

13 effect unless Senate Bill No. 964

14 of the 91st Legislature is enacted into

15 law.

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