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H.B. 305

             1     

HEARING AID APPROVAL AND RETURN

             2     
PERIOD

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Richard M. Siddoway

             6      AN ACT RELATING TO OCCUPATIONS AND PROFESSIONS; EXTENDING THE RIGHT
             7      TO CANCEL A HEARING AID PURCHASE FROM 30 DAYS TO 365 DAYS; AND MAKING
             8      TECHNICAL CORRECTIONS.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          58-41-17, as enacted by Chapter 249, Laws of Utah 1998
             12          58-46a-503, as enacted by Chapter 249, Laws of Utah 1998
             13      Be it enacted by the Legislature of the state of Utah:
             14          Section 1. Section 58-41-17 is amended to read:
             15           58-41-17. Testing period for hearing aids.
             16          (1) As used in this section:
             17          (a) "Hearing aid" means any wearable instrument or device designed or offered for the
             18      purpose of aiding or compensating for impaired human hearing and any parts, attachments, or
             19      accessories thereto.
             20          (b) "Hearing aid" does not include any type of device which is surgically implanted in the
             21      cochlea or under the skin near the ear.
             22          (2) Any person licensed under this chapter who sells a hearing aid to a consumer shall
             23      provide a written receipt or written contract to the consumer. The written receipt or contract shall
             24      provide the consumer with a [30] 365-day right to cancel the purchase if the consumer finds that
             25      the hearing aid does not function adequately for the consumer and to obtain a refund if the
             26      consumer returns the hearing aid to the seller in the same condition, ordinary wear and tear
             27      excluded, as when purchased. The written receipt or contract shall notify the consumer of the [30]

             28      365-day right to cancel in at least ten point type. The [30] 365-day right to cancel shall commence
             29      from either the date the hearing aid is originally delivered to the consumer or the date the written
             30      receipt or contract is delivered to the consumer, whichever is later. The [30] 365-day period shall
             31      be tolled for any period during which the hearing aid seller, dealer, or fitter has possession or
             32      control of the hearing aid after its original delivery.
             33          (3) Upon exercise of the [30] 365-day right to cancel a hearing aid purchase, the seller of
             34      the hearing aid is entitled to a cancellation fee equal to the actual cost that will be incurred by the
             35      seller in order to return the hearing aid to the manufacturer, provided that the written receipt or
             36      contract states the exact amount that will be retained by the seller as a cancellation fee.
             37          Section 2. Section 58-46a-503 is amended to read:
             38           58-46a-503. Testing period for hearing aids.
             39          (1) Any person licensed under this chapter who sells a hearing aid to a consumer shall
             40      provide a written receipt or written contract to the consumer. The written receipt or contract shall
             41      provide the consumer with a [30] 365-day right to cancel the purchase if the consumer finds that
             42      the hearing aid does not function adequately for the consumer and to obtain a refund if the
             43      consumer returns the hearing aid to the seller in the same condition, ordinary wear and tear
             44      excluded, as when purchased. The written receipt or contract shall notify the consumer of the [30]
             45      365-day right to cancel in at least ten point type. The [30] 365-day right to cancel shall commence
             46      from either the date the hearing aid is originally delivered to the consumer or the date the written
             47      receipt or contract is delivered to the consumer, whichever is later. The [30] 365-day period shall
             48      be tolled for any period during which the hearing aid seller, dealer, or fitter has possession or
             49      control of the hearing aid after its original delivery.
             50          (2) Upon exercise of the right to cancel a hearing aid purchase, the seller of the hearing
             51      aid is entitled to a cancellation fee not to exceed 15% of all fees charged to the consumer,
             52      including testing, fitting, counseling, and the purchase price of the hearing aid. The exact amount
             53      of the cancellation fee shall be stated in the written receipt or contract provided to the consumer.




Legislative Review Note
    as of 1-28-00 8:29 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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