South Carolina General Assembly

120th Session, 2013-2014

S.1056

STATUS INFORMATION

General Bill

Sponsors: Senators Turner, Campbell and Reese

Document Path: l:\s-res\rt\001hear.hm.rt.docx

Introduced in the Senate on February 26, 2014

Introduced in the House on April 29, 2014

Last Amended on April 16, 2014

Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs

Summary: Hearing aids

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

2/26/2014SenateIntroduced and read first time (Senate Journalpage4)

2/26/2014SenateReferred to Committee on Medical Affairs(Senate Journalpage4)

4/3/2014SenateCommittee report: Favorable Medical Affairs(Senate Journalpage13)

4/7/2014Scrivener's error corrected

4/16/2014SenateAmended (Senate Journalpage34)

4/16/2014SenateRead second time (Senate Journalpage34)

4/16/2014SenateRoll call Ayes34 Nays4 (Senate Journalpage34)

4/17/2014Scrivener's error corrected

4/29/2014SenateRead third time and sent to House (Senate Journalpage8)

4/29/2014HouseIntroduced and read first time (House Journalpage76)

4/29/2014HouseRecommitted to Committee on Medical, Military, Public and Municipal Affairs (House Journalpage76)

5/15/2014HouseCommittee report: Favorable Medical, Military, Public and Municipal Affairs (House Journalpage4)

5/21/2014HouseRecommitted to Committee on Medical, Military, Public and Municipal Affairs (House Journalpage108)

VERSIONS OF THIS BILL

2/26/2014

4/3/2014

4/7/2014

4/16/2014

4/17/2014

5/15/2014

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 15, 2014

S.1056

Introduced by Senators Turner, Campbell and Reese

S. Printed 5/15/14--H.

Read the first time April 29, 2014.

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (S.1056) to amend Section 402560 of the 1976 Code, relating to the license required to engage in the practice of specializing in hearing aids, to provide that no, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

LEON HOWARD for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Labor, Licensing and Regulation estimates this bill will have no fiscal impact on the state general fund or on federal and/or other funds.

Approved By:

Brenda Hart

Office of State Budget

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A BILL

TO AMEND SECTION 402560 OF THE 1976 CODE, RELATING TO THE LICENSE REQUIRED TO ENGAGE IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, TO PROVIDE THAT NO PERSON MAY ENGAGE IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS OR DISPLAY A SIGN OR IN ANOTHER WAY ADVERTISE OR REPRESENT HIMSELF AS A PERSON WHO ENGAGES IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS OR OFFER FOR THE SALE OF HEARING AIDS THROUGH THE MAIL, INTERNET, OR OTHER MEANS,UNLESS HE HOLDS AN UNSUSPENDED, UNREVOKED LICENSE ISSUED BY THE DEPARTMENT AND PROVIDES FOR THE DIRECT FITTING, SALE, AND DELIVERY OF THE PRODUCTS, AND TO PROVIDE THAT NOTHING IN THIS CHAPTER PROHIBITS A PERSON FROM ENGAGING IN THE BUSINESS OF SELLING OR OFFERING FOR SALE HEARING AIDS THROUGH THE MAIL, INTERNET, OR OTHER MEANSTO DISTRIBUTORS, DEALERS, OR SPECIALISTS LICENSED IN THIS STATE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION1.Section 402560 of the 1976 Code is amended to read:

“Section 40-25-60.(A)No person may engage in the practice of specializing in hearing aids or display a sign or in another way advertise or represent himself as a person who engages in the practice of specializing in hearing aids after January 1, 1972or offer for the sale of hearing aids through the mail, internet, or other means unless he holds an unsuspended, unrevoked license issued by the department under this chapter and provides for the direct fitting, sale, and delivery of the products. The license number must be listed in an advertisement or a representation. The license must be posted conspicuously in his office or place of business. Duplicate licenses must be issued by the department to valid license holders operating more than one office without additional payment. A license under this chapter confers upon the holder the right to perform only those hearing tests necessary to select, fit, and sell hearing aids.

(B)Nothing in this chapter prohibits a corporation, partnership, trust, association, or like organization maintaining an established business address from engaging in the business of selling or offering for sale hearing aids at retail or otherwise without a license, if it employs or contracts with only properly licensed natural persons in the direct sale and fitting of the products.

(C)Nothing in this chapter prohibits a person from engaging in the business of selling or offering for sale hearing aids through the mail, internet, or other means to distributors, dealers, or other persons engaged in the practice of specializing in hearing aids that are licensed in this State.

(D)Nothing in this chapter prohibits the sale of hearing aids through the mail, internet, or any other means if the sale is made pursuant to the direct prescribed recommendation of a person holding an unsuspended, unrevoked license issued by the department pursuant to this chapter.”

SECTION2.This act takes effect upon approval by the Governor.

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