Florida Statutes 468.1245 – Itemized listing of prices; delivery of prescription hearing aid; receipt; guarantee; packaging; disclaimer
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 468.1245
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Health. See Florida Statutes 468.1125
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
(1) Before delivery of services or products to a prospective purchaser, a licensee must disclose, upon request by the prospective purchaser, an itemized listing of prices, which must include separate price estimates for each service component and each product. Provision of such itemized listing of prices may not be predicated on the prospective purchaser’s payment of any charge or agreement to purchase any service or product.
(2) Any licensee who fits and sells a prescription hearing aid shall, at the time of delivery, provide the purchaser with a receipt containing the seller’s signature, the address of his or her regular place of business, and his or her license or certification number, if applicable, together with the brand, model, manufacturer or manufacturer’s identification code, and serial number of the prescription hearing aid furnished and the amount charged for the prescription hearing aid. The receipt must also specify whether the prescription hearing aid is new, used, or rebuilt; the length of time and other terms of the guarantee; and by whom the prescription hearing aid is guaranteed. When the client has requested an itemized list of prices, the receipt must also provide an itemization of the total purchase price, including, but not limited to, the cost of the aid, ear mold, batteries, and other accessories, and the cost of any services. Notice of the availability of this service must be displayed in a conspicuous manner in the office. The receipt must also state that any complaint concerning the prescription hearing aid and its guarantee, if not reconciled with the licensee from whom the prescription hearing aid was purchased, should be directed by the purchaser to the department. The address and telephone number of such office must be stated on the receipt.
(3) A prescription hearing aid may not be sold to any person unless both the packaging containing the prescription hearing aid and the contract provided pursuant to subsection (2) carry the following disclaimer in 10-point or larger type: “A hearing aid will not restore normal hearing, nor will it prevent further hearing loss.”