§ 33-35-105 — Criteria for medical referral

(a) Wherever any of the following conditions are found to
exist either from observations by the licensee or permittee [or]
on the basis of information furnished by the prospective hearing
aid user, a licensee or permittee shall, prior to either
fitting, dispensing or selling a hearing aid, recommend in
writing that the prospective user's best interest would be
served if he would consult a licensed physician specializing in
diseases of the ear or, if no such specialist is available in
the community, any licensed physician:
(i) Visible congenital or traumatic deformity of the
ear;
(ii) History of or active drainage from the ear
within the previous ninety (90) days;
(iii) History of sudden or rapidly progressive
hearing loss within the previous ninety (90) days;
(iv) Acute or chronic dizziness;
(v) Unilateral hearing loss of sudden or recent onset
within the previous ninety (90) days;
(vi) Significant air-bone gap when generally
acceptable standards have been established;
(vii) Visible evidence of cerumen accumulation or a
foreign body in the ear canal.
(b) A person receiving the written recommendation who
elects to purchase a hearing aid without the recommended
consultation shall sign a written acknowledgment of the
recommendation which shall be kept by the licensee for at least
seven (7) years. Nothing in this section required to be
performed by a licensee shall be construed to mean that the
licensee is engaged in the diagnosis of illness or the practice
of medicine.
(c) Any person engaging in the fitting, dispensing or sale
of hearing aids shall, when dealing with a child sixteen (16)
years of age or under, ascertain whether the child has been
examined by an otolaryngologist or licensed clinical audiologist
within three (3) months prior to the fitting. If such is not the
case it shall be unlawful to sell a hearing aid to a child.
(d) The provisions of subsection (c) of this section shall
not be applicable for any child whose parent or guardian submits
written objection to such procedure.