Notice of Regulatory Change Regarding Hearing Aid Dispensing Advertising

Protection of the public is the highest priority for the Board when exercising its licensing, regulatory, and disciplinary functions. In order to protect the public, the Board requires licensees authorized to dispense hearing aids to advertise in such a way that isn't false, fraudulent, misleading, or deceptive.

This regulatory change will:

  • Clarify that anyone licensed to dispense hearing aids can advertise for the practice of fitting or selling hearing aids in accordance with Business and Professions Code section 651 and California Code of Regulation (CCR) section 1399.127 so long as the advertising does not promote the unnecessary, inappropriate, or excessive use of such hearing aids or services.
  • State that an advertisement for the practice of fitting or selling hearing aids that violates Business and Professions Code Division 2, Chapter 5, Article 8 is a violation of Business and Professions Code section 651.
  • Require anyone licensed to dispense hearing aids and advertising for the practice of fitting or selling hearing aids to include the following information unless it is provided on an internet website and that internet website address is included in the advertisement:
    • The address of their principal place of business;
    • The addresses and office hours at which they are available for fitting or post-fitting adjustments, and servicing of the hearing aids sold; and
    • The name and license number of all persons licensed to dispense hearing aids at the location advertised.
  • Clarify that the following shall not be included in an advertisement for the practice of fitting or selling hearing aids:
    • An educational degree that was not earned or does not specify the exact degree and field in which the degree was earned;
    • The title "doctor" or any variation of this term without specifying the exact field in which the doctoral degree was earned other than for a physician and surgeon licensed by the Medical Board of California or the Osteopathic Medical Board of California;
    • A job title that is not clearly identified by the full job title;
    • A dispenser's certification by a professional organization that is not clearly identified by the full certification title and name of the certifying organization;
    • An offer to perform a hearing test by a hearing aid dispenser that does not clearly state that the test is being performed in order to fit and sell a hearing aid;
    • 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;
    • Preset appointment information when the consumer has not requested such an appointment; and
    • 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 which is the 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.
  • State that 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.
  • Clarify that any advertisement shall fully disclose all charges associated with the purchase and fitting of hearing aids and require an advertisement for price that uses a sale, discount, or price comparison to be based on verifiable data that shall be provided to the Board upon request and contain the following:
    • 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;
    • 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
    • Any other terms, conditions, or restrictions imposed in order to qualify for the sale, discount, or price comparison.
  • Require the person licensed to dispense hearing aids to retain the data required for price advertisement that uses a sale, discount, or price comparison for one year after the advertisement is published or disseminated.
  • Exempt national advertisement ran in California from advertising the following information:
    • The address of their principal place of business;
    • The addresses and office hours at which they are available for fitting or post-fitting adjustments, and servicing of the hearing aids sold; and
    • The name and license number of all persons licensed to dispense hearing aids at the location advertised.
  • Prohibit a person licensed to dispense hearing aids from concluding a sale that came from a national advertisement in violation of CCR section 1399.127.

For additional information, the regulatory documents can be found below.

HAD Advertising

Effective Date of Regulation: April 1, 2025

The proposed changes amend section 1399.127 of Division 13.3, of Title 16 of the California Code of Regulations.