§ 43-33-02 — License required to sell or fit hearing instruments

1. A person may not engage in the sale of or practice of fitting hearing instruments or
display a sign or in any other way advertise or represent that that person practices the
fitting and sale of hearing instruments unless that person holds an unsuspended,
unrevoked license issued by the board as provided in this chapter. The license must
be conspicuously posted in the licensee's office or place of business. Duplicate
licenses must be issued by the board to valid licenseholders operating more than one
office for a fee determined by the board. A license confers upon the holder the right to
select, fit, and sell hearing instruments, and the right to conduct any necessary hearing
testing incident to the selecting, fitting, and selling of hearing instruments.
2. This chapter does not prohibit a person maintaining an established business address
from engaging in the business of selling or offering for sale hearing instruments at
retail without a license if that person employs only properly licensed individuals in the
direct sale and fitting of such products. Such persons shall file annually with the board
a list of all licensees directly or indirectly employed by it. Those persons shall also file
with the board a statement on a form approved by the board that they submit
themselves to the rules of the board and the provisions of this chapter.