A BILL TO BE ENTITLED
AN ACT authorizing the north carolina state hearing aid dealers and fitters board to raise the ceiling on certain fees and amending and updating certain other provisions under the laws regulating hearing aid dealers and fitters.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 93D‑3(c)(14)f. reads as rewritten:
"(c)	The Board shall:
…
(14)	Have the power to set and collect fees in accordance with Chapter 150B of the General Statutes for the items listed in this subdivision and for other items for which this Chapter gives the Board the authority to set a fee:
…
f.	For administering an examination, a fee not to exceed three hundred dollars ($300.00); and
…."
SECTION 2.  G.S. 93D‑3(d) reads as rewritten:
"(d)	Members of the Board shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B‑5. The expenses shall be paid from the fees and assessments received by the Board under the provisions of this Chapter. No part of these expenses or any other expenses of the Board, in any manner whatsoever, shall be paid out of the State treasury. All moneys received in excess of expense allowance and mileage, as above provided, shall be held by the secretary‑treasurer as a special fund for meeting other expenses of the Board and carrying out the provisions of this Chapter.
The Board shall make an annual report of its proceedings in accordance with G.S. 93B‑2."
SECTION 3.  G.S. 93D‑5 reads as rewritten:
"(a)	No person shall begin the fitting and selling of hearing aids in this State unless the person has been issued a license by the Board or is an apprentice working under the supervision of a licensee. Except as hereinafter provided, each applicant for a license shall pay a fee set by the Board, not to exceed two hundred fifty dollars ($250.00), which fee may be prorated by the Board, and shall show to the satisfaction of the Board that the applicant:
(1)	Is a person of good moral character.
(2)	Is 18 years of age or older.
(3)	Has an education equivalent to a four‑year course in an accredited high school.
	
(b)	Except as hereinafter provided, no license shall be issued to a person until he has successfully passed a qualifying examination administered by the Board.
(c)	No license shall be issued to any person until the person has served as an apprentice as set forth in G.S. 93D‑9 for a period of at least one year; provided, that this subsection shall not apply to those persons qualified under G.S. 93D‑6 nor to those persons holding masters degrees in Audiology or persons holding doctoral degrees in Audiology from an accredited training program who have undergone 250 hours of supervised activity fitting and selling hearing aids under the direct supervision of a licensed hearing aid dealer approved by the Board, or have met the licensure requirements under Article 22 of Chapter 90 of the General Statutes and have worked full time for one year fitting and selling hearing aids in the office of and under the direct supervision of an otolaryngologist and have participated in 250 hours of Board‑supervised, continuing professional education in fitting hearing aids."
SECTION 4.  G.S. 93D‑11 reads as rewritten:
"§ 93D‑11.  Annual fees; failure to pay; expiration of license; occupational instruction courses.
Every licensed person who engages in the fitting and selling of hearing aids shall pay to the Board an annual license renewal fee in an amount set by the Board, not to exceed two hundred fifty dollars ($250.00). The payment shall be made prior to the first day of April in each year. In case of default in payment the license shall expire 30 days after notice by the secretary‑treasurer to the last known address of the licensee by registered mail. The Board may reinstate an expired license upon the showing of good cause for late payment of fees, upon payment of said fees within 60 days after expiration of the license, and upon the further payment of a late penalty of twenty‑five dollars ($25.00). After 60 days after the expiration date, the Board may reinstate the license for good cause shown upon application for reinstatement and payment of a late penalty of fifty dollars ($50.00) and the renewal fee. The Board may require all licensees to successfully attend and complete a course or courses of occupational instruction funded, conducted or approved or sponsored by the Board on an annual basis as a condition to any license renewal and evidence of satisfactory attendance and completion of any such course or courses shall be provided the Board by the licensee."
SECTION 5.  G.S. 93D‑13 reads as rewritten:
"§ 93D‑13.  Discipline, suspension, revocation of licenses; records.
(a)	The Board may in its discretion administer the punishment of private reprimand, suspension of license for a fixed period or revocation of license as the case may warrant in their judgment for any violation of the rules and regulations of the Board or for any of the following causes:
	
(2)	Gross incompetence.
(3)	Inability to perform the functions for which the person is licensed or substantial impairment of the person's ability to perform the functions for which the person is licensed by reason of physical or mental disability.
(4)	Commission of a criminal offense indicating professional unfitness.
(5)	The use of a false name or alias in his or her business.
(6)	Conduct involving willful deceit.
(7)	Conduct involving fraud or any other business conduct involving moral turpitude.
(8)	Advertising of a character or nature tending to deceive or mislead the public.
(9)	Advertising declared to be unethical by the Board or prohibited by the code of ethics established by the Board.
(10)	Permitting another person to use his or her license.
(10a)	Failure by a licensee to properly supervise an apprentice under his or her supervision.
(11)	For violating any of the provisions of this Chapter.
(b)	Board action in revoking or suspending a license shall be in accordance with Chapter 150B of the General Statutes. Any person whose license has been suspended for any of the grounds or reasons herein set forth, may, after the expiration of 90 days but within two years, apply to the Board to have the same reissued; upon a showing satisfactory to the Board that reissuance will not endanger the public health and welfare, the Board may reissue a license to such person for a fee set by the Board, not to exceed two hundred dollars ($200.00). If application is made subsequent to two years from date of suspension, reissuance shall be in accordance with the provisions of G.S. 93D‑8.
(c)	Records, papers, and other documents containing information collected or compiled by or on behalf of the Board as a result of an investigation, inquiry, or interview conducted in connection with registration, licensure, or a disciplinary matter shall not be considered public records within the meaning of Chapter 132 of the General Statutes. Any notice or statement of charges, notice of hearing, or decision rendered by the Board in connection with a hearing is a public record. However, information that identifies a consumer who has not consented to the public disclosure of services rendered to the consumer by a person registered or licensed under this Chapter shall be deleted from the public record. All other records, papers, and documents containing information collected or compiled by or on behalf of the Board shall be public records, provided that any information that identifies a consumer who has not consented to the public disclosure of services rendered to the consumer is deleted."
SECTION 6.  This act is effective when it becomes law.