Advertising for the Practice of Fitting or Selling Hearing Aids

This is a summary of the applicable laws and regulations regarding advertising for the practice of fitting or selling hearing aids. Violation of any of these laws and regulations constitutes cause for license denial, revocation or suspension, or other disciplinary action. Anyone who violates Business and Professions Code (BPC) sections 651 and 17500 is guilty of a misdemeanor.

Advertising and Public Communication Defined

  • BPC section 2538.10 states that advertising includes the use of a newspaper, magazine, or other publication, book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, tag, window display, store sign, radio or television announcement, or any other means or method used to bring attention of the public to the practice of fitting or selling of hearing aids.
  • BPC section 651 states that "public communication" includes, but is not limited to, communication by mail, television, radio, motion picture, newspaper, book, list or directory of healing arts practitioners, Internet, or other electronic communication.

Prohibited Advertising

  • Public communication which is a false, fraudulent, misleading, or deceptive statement or image. [BPC Section 651]
  • Incorporating the terms "audiology," "audiologist," "audiological," "hearing clinic," "hearing clinician," "hearing therapist," or any similar titles in any title or description of services unless licensed in accordance with the law. [BPC section 2530.3] The following is an example of the correct and incorrect way to advertise:

    Correct: ABC Hearing Aid Center
    Incorrect: ABC Hearing Center

  • Advertising in violation of BPC section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of BPC section 17500. [BPC section 2533]
  • Using the term "doctor," "physician," "clinic," or "audiologist" or any variation of these terms, unless authorized by law. [BPC section 2533].
  • Advertising in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers. [BPC section 2533]
  • Advertising as a person engaged in the practice of fitting or selling hearing aids without a valid license. [BPC section 2538.50]
  • An advertisement that includes an educational degree that was not earned or does not specify the exact degree and field in which the degree was earned. [California Code of Regulations (CCR) section 1399.127] The following is an example of the correct and incorrect way to advertise:

    Correct: Jade Doe, Doctor of Audiology
    Jade Doe, Au.D.
    John Doe, Ph.D. in Audiology
    Jane Doe, M.A. in Audiology
    John Doe, Ph.D. (Audiology)
    Jack Doe, B.A. (Audiology)
    Incorrect: Dr. John Doe
    Dr. John Doe (Audiology)
    Jane Doe, M.A.
    Jack Doe, B.A.

  • Other than for a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California, an advertisement that includes the title "doctor" or any variation of this term without specifying the exact field in which the doctoral degree was earned. [CCR section 1399.127] The following is an example of the correct and incorrect way to advertise:

    Correct: Jade Doe, Doctor of Audiology
    Jade Doe, Au.D.
    John Doe, Ph.D. in Audiology
    John Doe, Ph.D. (Audiology)
    Incorrect: Dr. John Doe
    Dr. John Doe (Audiology)

  • An advertisement that includes a job title that is not clearly identified by the full job title . [CCR section 1399.127] An advertisement that includes a certification by a professional organization that is not clearly identified by the full certification title and name of the certifying organization. [CCR section 1399.127] The following is an example of the correct and incorrect way to advertise:

    Correct: John Doe, Board Certified in Hearing Instrument Sciences from the National Board for Certification in Hearing Instrument Sciences
    Jane Doe, Advanced Hearing Aid Professional credential from the International Hearing Society
    Jack Doe, Audioprosthologist certified by the American Conference on Audioprosthology
    Incorrect: John Doe, BC–HIS
    Jane Doe, AHAP
    Jack Doe, Audioprosthologist

  • An advertisement that includes an offer to perform a hearing test that does not clearly state that the test is being performed in order to fit and sell a hearing aid. [CCR section 1399.127] The following is an example of the correct and incorrect way to advertise:

    Correct: Hearing test for the fitting and selling of hearing aids
    Incorrect: Hearing test

  • An advertisement that includes any description of services required to be performed by a licensed audiologist unless there is a licensed audiologist at the advertised address to perform those services. [CCR section 1399.127] Note: If you are dispensing audiologist and wish to advertise audiological services, you should seek legal advice from private legal counsel. Please reference Business and Professions Code section 655.2 or seek advice from a legal counsel regarding the employment of audiologist and hearing aid dispensers.
  • An advertisement that includes preset appointment information when the consumer has not requested such an appointment. [CCR section 1399.127]
  • An advertisement that includes the use of rebate coupons or rebate checks without informing the consumer of all material facts relating to the advertised price of the hearing aid. Material facts include standard price of the hearing aid, the terms and conditions of the rebate coupon or rebate check, and discounts or sales that are currently available on that hearing aid. [CCR section 1399.127]

Required Advertising

  • Unless the following information is provided on an internet website and that internet website address is included in the advertisement, advertisement for the practice of fitting or selling hearing aids shall include the following information:
    1. The address of the principal place of business of the person licensed to dispense hearing aids, and the address and office hours at which the person licensed to dispense hearing aids shall be available for fitting or post-fitting adjustments, and servicing of the hearing aids sold.
    2. The name and license number of all persons licensed to dispense hearing aids at the location advertised, including the letters HA (Hearing Aid Dispenser), HTL (Temporary License), HT (Trainee), or AU (Dispensing Audiologist), as appropriate. [CCR section 1399.127]
  • All charges associated with the purchase and fitting of hearing aids. [CCR section 1399.127]
  • An advertisement for price that uses a sale, discount, or price comparison must contain the following:
    1. The dollar amount of the non-discounted or compared price for the specific hearing aid or a method for consumers to ascertain the standard price.
    2. The dates on which the sale, discount, or price comparison will be in effect if the sale, discount, or price comparison is a limited time offer; and
    3. Any other terms, conditions, or restrictions imposed in order to qualify for the sale, discount, or price comparison. [CCR section 1399.127]

Advertising Permitted but Not Required [BPC section 651]

  • Office or business telephone number.
  • Statement of languages, other than English, fluently spoken in the office or business.
  • Statement that the person licensed to dispense hearing aids is certified by a private or public board or agency.
  • Statement that services are provided under a specified private or public insurance or health care plan.
  • Statement of names of schools and training programs from which the person licensed to dispense hearing aids has graduated, together with the degrees received from those schools or programs, if relevant to the practice of hearing aid dispensing.
  • Statement of publications authored by the person licensed to dispense hearing aids.
  • Statement of teaching positions currently or formerly held by the person licensed to dispense hearing aids including pertinent dates.
  • Statement of affiliations with hospitals or clinics.
  • Statement of charges or fees for services or hearing aids offered.
  • Statement that installment payments are accepted.
  • Lawful photos or drawings of the person licensed to dispense hearing aids, their office, or the hearing aids advertised.
  • Statement of the manufacturer, designer, style, model, trade name, brand name, color, size, or type of hearing aids advertised.
  • Statement providing public health information encouraging preventative or corrective care.
  • Any other item of factual information that is not false, fraudulent, misleading, or likely to deceive.
    Note: If you are considering advertising other item of factual information, you should seek legal advice from private legal counsel.

Other Advertising Requirements [CCR section 1399.127]

  • An advertisement for price that uses a sale, discount, or price comparison shall be based on data that is retained by the licensee for one year after the advertisement is published or disseminated, and provided to the Board upon request (see above for the data required for advertisement that uses a sale, discount, or price comparison).
  • An offer for hearing aids or services for the fitting of hearing aids as part of a research or field study does not violate CCR section 1399.127 if no sale of hearing aids occurs in connection with the research or field study.
  • Any national advertisement run in California shall comply with California laws and regulations. A person licensed to dispense hearing aids is subject to discipline or enforcement action in accordance with Article 4 of Chapter 5.3 of Division 2 of the Code for sales resulting from a national advertisement that violates CCR section 1399.127. National advertisement run in California are exempt from advertising:
    1. The address of the principal place of business of the person licensed to dispense hearing aids, and the address and office hours at which the person licensed to dispense hearing aids shall be available for fitting or post-fitting adjustments, and servicing of the hearing aids sold.
    2. The name and license number of all persons licensed to dispense hearing aids at the location advertised.