Medical Clearance and Waivers

PURPOSE: This rule outlines and explains the licensee’s responsibilities and requirements to represent him/herself accurately to the public. (1) All licensees shall clearly communicate to every purchaser, prior to the purchase, that s/he is not conducting an examination, diagnosis, or prescription by a person licensed to practice medicine in the state of Missouri, and therefore his/her opinions must not be regarded as medical opinion or advice. (2) It shall be an unfair or deceptive practice for the licensee to misrepresent, either directly or by implication that the services of a physician have been used in the designing or manufacturing of hearing instruments, or in the selection, fitting, adjustment, maintenance, or repair of hearing instruments or ancillary products unless it is true. (3) A licensee shall not represent, directly or by implication, in any manner as to have the capacity and tendency to mislead prospective purchasers into the belief that justifies disparagement of physicians or any other professional in the medical community. (4) Should a purchaser refuse to consult a physician after being advised to do so by the licensee, the purchaser must sign a medical waiver, in accordance with federal law, which must be a part of or attached to the purchase agreement. AUTHORITY: section 346.125, RSMo 2016.* This rule originally filed as 4 CSR 165-3.030. Emergency rule filed Oct. 18, 1996, effective Nov. 1, 1996, expired April 29, 1997. Original rule filed Nov. 6, 1996, effective May 30, 1997. Moved to 20 CSR 2165-3.030, effective Aug. 28, 2006. Amended: Filed Sept. 25, 2019, effective March 30, 2020. *Original authority: 346.125, RSMo 1973, amended 1981, 1995, 2009. Hearing Instrument Specialists