Section 1370-02-.21 - RECORDS, SERVICES AND TESTS(1) Records (a) Client's Record. The record for each client shall include a case history, the results of all required tests and a legend (key) explaining the symbols of results used in the audiogram. Records of the required test and dispensing procedures shall be maintained as a part of the client's file and shall show also the model number or name, serial number, type of circuit response or any adjustment made on instruments that have adjustable circuits. Such records shall be maintained and preserved for a minimum of three (3) years after the last entry in the records.(b) Orientation Program. Every hearing aid client shall be offered at the site of the sale a personalized counseling program provided by the HIS or an individual licensed by the Council. The counseling program shall be provided with each new fitting and designed to ensure that proper use and operation of the instrument are understood by the client.(c) Earmold. Every air conduction fitting that requires an earmold shall include a properly fitting custom earmold except in cases where, in the dispenser's judgment, the client would be better fitted without the use of a new mold. In special fittings where an earmold is not required, such shall be noted in the record.(d) Examination of the Ear. The dispenser shall make an examination of the client's external ears by means of an otoscope, or other instrument designed for that purpose, before any audiometric test is made and before and after the making of an earmold impression. Any abnormality detected by this inspection must be reported to the client and the client advised to seek medical advice and this shall be recorded on the test record.(2) Bill of Sale for hearing equipment - To insure that appropriate follow up services are available to consumers in Tennessee, licensees shall deliver to each person supplied with a hearing instrument a bill of sale which contains each of the following:(a) The signature of the licensed hearing instrument specialist, the address of the specialist's regular place of business, the specialist's license number with an expiration date.(b) The make and model of the hearing instrument supplied and the amount charged including a description, i.e., new, used, rebuilt.(c) Clear statement of terms of sale including provisions required by T.C.A. § 63-17-217.(d) Name and address of the Council.(e) Statement that the Council will receive complaints on any matter relating to the fitting and dispensing of hearing instruments.(f) If the licensee has no location in Tennessee, an outline of follow up services must be made available to Tennessee residents who purchase the dealer's services within Tennessee.(3) Tests (a) Puretone Audiometry 1. Thresholds shall be determined for each ear with air and bone conducted puretone stimuli. Air conduction stimuli must include 0.5, 1, 2, and 4K Hertz. Bone conduction stimuli must include .05, 1, 2, and 4K Hertz. On a client whose bone conduction threshold has been previously charted and that chart is a part of the client's permanent record, the licensee, at his discretion, may omit any new bone conduction testing, if there has been no appreciable change in the air conduction thresholds.2. Appropriate masking must be used with air and bone conducted stimuli whenever necessary to obtain valid results.(b) Discrimination Tests. There shall be a measurement of the client's speech discrimination ability at each ear using widely recognized test material prior to fitting. Appropriate masking must be used with speech stimuli whenever necessary to obtain valid results.(c) Post-Fitting Tests. There shall be a measurement of the client's hearing ability using widely recognized test material while the client is wearing the selected hearing aid(s) adjusted for the selection gain, M.P. output, and frequency response.(d) Tests for Tolerance. There shall be a measurement of the client's tolerance for amplified auditory stimuli using speech, puretones, or a complex signal representative of the speech spectrum (0.5, 1 and 2K Hz) or a method deemed acceptable by the Council.(e) Omitted Tests. 1. The required tests may be omitted only under the most unusual circumstances, such as the inability of the client to perform the task.2. When a fitting is being made upon referral, the specified tests may be omitted if the referring source has forwarded to the dispenser copies of those test results. However, these tests must have been performed within ninety (90) days. The licensed dispenser who omits specified tests and accepts tests performed by referring professional shall orally inform and conspicuously set forth in the sales contract that the hearing aid dispenser is not responsible for the validity and accuracy of the tests.Tenn. Comp. R. & Regs. 1370-02-.21
Original rule filed April 29, 1992; effective June 13, 1992. Repeal and new rule renumbered from 0760-01-.20 filed December 28, 1999; effective March 12, 2000.Authority: T.C.A. §§ 4-5-202, 4-5-204, 63-15-101, 63-15-103, 63-15-110, 63-15-114, 63-15-115, 63-17-201, 63-17-203, 63-17-210, 63-17-214, and 63-17-215.