As used in this chapter, unless the context requires a different meaning:

Terms Used In Virginia Code 54.1-1500

  • Board: means the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
  • Contract: A legal written agreement that becomes binding when signed.
  • Hearing aid: means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories, including earmolds, but excluding batteries and cords. See Virginia Code 54.1-1500
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Licensed hearing aid specialist: means any person who is the holder of a hearing aid specialist license issued by the Board for Hearing Aid Specialists and Opticians. See Virginia Code 54.1-1500
  • Optician: means any person not exempted by § 54. See Virginia Code 54.1-1500
  • Over-the-counter hearing aid: means an air-conduction hearing aid that does not require implantation or other surgical intervention and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment. See Virginia Code 54.1-1500
  • Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
  • sale: means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or practitioners. See Virginia Code 54.1-1500

“Audiologist” means the same as that term is defined in § 54.1-2600.

“Board” means the Board for Hearing Aid Specialists and Opticians.

“Hearing aid” means any wearable instrument or device designed or offered to aid or compensate for impaired human hearing and any parts, attachments, or accessories, including earmolds, but excluding batteries and cords.

“Licensed hearing aid specialist” means any person who is the holder of a hearing aid specialist license issued by the Board for Hearing Aid Specialists and Opticians.

“Licensed optician” means any person who is the holder of an optician license issued by the Board for Hearing Aid Specialists and Opticians.

“Licensed optometrist” means any person authorized by Virginia law to practice optometry.

“Licensed physician” means any person licensed by the Board of Medicine to practice medicine and surgery.

“Optician” means any person not exempted by § 54.1-1506 who prepares or dispenses eyeglasses, spectacles, lenses, or related appurtenances, for the intended wearers or users, on prescriptions from licensed physicians or licensed optometrists, or as duplications or reproductions of previously prepared eyeglasses, spectacles, lenses, or related appurtenances; or who, in accordance with such prescriptions, duplications or reproductions, measures, adapts, fits, and adjusts eyeglasses, spectacles, lenses, or appurtenances, to the human face.

“Over-the-counter hearing aid” means an air-conduction hearing aid that does not require implantation or other surgical intervention and is intended for use by a person age 18 or older to compensate for perceived mild to moderate hearing impairment.

“Practice of audiology” means the same as that term is defined in § 54.1-2600.

“Practice of fitting or dealing in hearing aids” means (i) the measurement of human hearing by means of an audiometer or by any other means solely for the purpose of making selections, adaptations, or sale of hearing aids, (ii) the sale of prescription hearing aids, or (iii) the making of impressions for earmolds for prescription hearing aids. A practitioner, at the request of a physician or a member of a related profession, may make audiograms for the professional’s use in consultation with the hard-of-hearing.

“Prescription hearing aid” means a hearing aid that is not an over-the-counter hearing aid.

“Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or practitioners.

“Temporary permit” means a permit issued while an applicant is in training to become a licensed hearing aid specialist.

1970, c. 571, § 54-524.110; 1988, c. 765; 2005, c. 599; 2012, cc. 803, 835; 2018, c. 458; 2023, cc. 273, 274.