C.R.S. § 12-230-101 Applicability of common provisions
12-230-101. Applicability of common provisions. Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 230.
Hearing Aid Providers
C.R.S. tit. 12, art. 230
in effectC.R.S. § 12-230-102 Definitions
12-230-102. Definitions. As used in this article 230, unless the context otherwise requires:
(1) "Apprentice" means a person who holds a current license as an apprentice pursuant to this article 230.
(2) "Dispense", with regard to a hearing aid, means to sell or transfer title, possession, or the right to use by lease, bailment, or any other method. The term does not apply to wholesale transactions with distributors or dealers.
(3) (a) "Hearing aid" means a wearable device designed or offered to be customized for the purpose of compensating for impaired human hearing and includes:
(I) Any parts, attachments, or accessories to the instrument or device, as defined in rules adopted by the director; and
(II) Ear molds, excluding batteries and cords.
(b) The term does not include a surgically implanted hearing device.
(4) "Hearing aid provider" means a person engaged in the practice of dispensing, fitting, or dealing in hearing aids.
(5) "Practice of dispensing, fitting, or dealing in hearing aids" includes:
(a) Selecting and adapting hearing aids for sale;
(b) Testing human hearing for purposes of selecting and adapting hearing aids for sale; and
(c) Making impressions for ear molds and counseling and instructing prospective users for purposes of selecting, fitting, adapting, or selling hearing aids.
(6) "Surgically implanted hearing device" means a device that is designed to produce useful hearing sensations to a person with a hearing impairment and that has, as one or more components, a unit that is surgically implanted into the ear, skull, or other interior part of the body. The term includes any associated unit that may be worn on the body.
C.R.S. § 12-230-103 Scope of article - exemption
12-230-103. Scope of article - exemption. (1) This article 230 does not apply to persons who are:
(a) Licensed pursuant to section 22-60.5-210 and who are not licensed under this article 230 for work undertaken as part of their employment by, or contractual agreement with, the public schools; or
(b) Engaged in the practice of audiology or the practice of dispensing, fitting, or dealing in hearing aids in the discharge of their official duties in the service of the United States armed forces, public health service, Coast Guard, or veterans administration.
(2) This article 230 does not apply to the wholesale sales of hearing aids.
(3) Nothing in this article 230 authorizes a hearing aid provider to engage in the practice of medicine as defined in section 12-240-107.
(4) Nothing in this article 230 prohibits a business or licensee from hiring and employing unlicensed staff to assist with conducting business practices and to assist in dispensing hearing aids if the unlicensed staff are properly supervised by a licensee; except that the unlicensed staff may not conduct hearing tests or perform the initial fitting of hearing aids.
(5) This article 230 does not apply to the dispensing of hearing aids outside of this state.
(6) An audiologist licensed pursuant to article 210 of this title 12 is not required to obtain a license pursuant to this article 230.
C.R.S. § 12-230-104 Scope of practice
12-230-104. Scope of practice. (1) The scope of practice for a hearing aid provider includes:
(a) Eliciting patient case histories, including medical, otological, pharmacological, occupational, and previous amplification history and patient attitudes and expectations;
(b) Administering otoscopy for the purpose of identifying possible otological conditions, including conditions described in section 6-1-701 (2)(d), that may indicate the need for medical referral or that may have a bearing on needed rehabilitative measures, outcomes, or recommendations;
(c) Administering and interpreting tests of human hearing, including appropriate objective and subjective methodology and measures;
(d) Determining a person's candidacy for hearing aids or hearing assistive devices, referring the person for surgically implanted hearing device evaluation, or recommending other clinical, rehabilitative, or medical interventions;
(e) Prescribing, selecting, and fitting appropriate hearing instruments and assistive devices, including appropriate technology, electroacoustic targets, programming parameters, and special applications, as indicated, whether in person or through the use of telehealth;
(f) Assessing hearing instrument efficacy using appropriate fitting verification methodology, including available fitting validation methods;
(g) Taking ear impressions and preparing ear molds for hearing instruments, assistive devices, telecommunications applications, ear protection, and other related applications;
(h) Designing and modifying ear molds and auditory equipment to meet individual patient needs;
(i) Providing counseling and aural rehabilitative services in the use and care of hearing instruments and assistive devices and for effectively using communication coping strategies and other approaches to foster optimal patient rehabilitation; and
(j) Providing supervision and training of those entering the dispensing profession.
C.R.S. § 12-230-105 Title protection - use of title
12-230-105. Title protection - use of title. It is unlawful for any person to use the title "hearing aid provider" or "hearing aid dispenser" or any other title that implies the person is qualified as a hearing aid provider unless the person is licensed as a hearing aid provider pursuant to this article 230.
C.R.S. § 12-230-106 Repeal of article - review of functions
12-230-106. Repeal of article - review of functions. This article 230 is repealed, effective September 1, 2031. Before the repeal, the licensing and supervisory functions of the director are scheduled for review in accordance with section 24-34-104.
C.R.S. § 12-230-201 License required - application - qualifications
12-230-201. License required - application - qualifications. (1) A hearing aid provider shall obtain a license pursuant to this section before:
(a) Engaging in the practice of dispensing, fitting, or dealing in hearing aids; or
(b) Directly or indirectly selling or negotiating to sell any hearing aid for the hearing impaired.
(2) (a) An applicant shall submit an application to the director containing the information described in this subsection (2) and shall pay a fee determined and collected pursuant to section 12-20-105. The director may deny an application for licensure if the required information is not submitted or if an applicant's apprentice license, issued pursuant to section 12-230-204, has been revoked. If an applicant or licensee fails to notify the director of a change in the submitted information within thirty days after the change, the failure is cause for disciplinary action.
(b) An applicant shall include the following information in every application for licensure pursuant to this section:
(I) The applicant's name, business address, and business telephone number and other contact information as determined by the director;
(II) A statement indicating whether:
(A) A hearing aid provider license, certificate, or registration was issued to the applicant by a local, state, or national health-care agency;
(B) The license, certificate, or registration was suspended or revoked;
(C) Charges or complaints are pending against the applicant; and
(D) Disciplinary action was taken.
(3) In order to qualify for licensure pursuant to this section, an applicant must either:
(a) Have passed a competency examination as determined by the director by rule; or
(b) Have passed an appropriate entry-level examination, as determined by the director, and:
(I) Completed at least six months of training with an audiologist or licensed hearing aid provider, pursuant to section 12-230-204; or
(II) Have an associate's degree in hearing aid fitting and dispensing that, at the time the applicant was enrolled and graduated, was offered by an institution of higher education or a postsecondary education program accredited by a national, regional, or state agency recognized by the United States department of education, or a program approved by the director.
C.R.S. § 12-230-202 Licensure - expiration - renewal - reinstatement - fees
12-230-202. Licensure - expiration - renewal - reinstatement - fees. (1) (a) The director shall license all applicants who meet the requirements for licensure in this article 230.
(b) The director shall issue or deny a license within sixty days after the date the application is received.
(c) The director shall give each licensee a license bearing a unique license number. The licensee shall include the license number on all written contracts and receipts.
(2) Licenses issued pursuant to this article 230 are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). A person whose license has expired is subject to the penalties set forth in this article 230 or in section 12-20-202 (1).
C.R.S. § 12-230-203 Licensure by endorsement
12-230-203. Licensure by endorsement. The director shall issue a license by endorsement to practice as a hearing aid provider in this state to an applicant who satisfies the requirements of the occupational credential portability program.
C.R.S. § 12-230-204 Apprentice license - expiration - rules
12-230-204. Apprentice license - expiration - rules. (1) A person training to be a licensed hearing aid provider shall submit to the director an application containing the information described in subsection (2) of this section and shall pay an apprentice license fee determined and collected pursuant to section 12-20-105.
(2) On and after June 1, 2014, the director shall issue an apprentice license to a person who provides, to the director's satisfaction, verification of training to become a licensed hearing aid provider, which training is under the direct supervision of a licensed hearing aid provider whose license is in good standing.
(3) During the training period:
(a) An apprentice is not permitted to sell hearing aids independently of the supervising licensed hearing aid provider;
(b) A supervising licensed hearing aid provider retains ultimate responsibility for the care provided by the apprentice and is subject to disciplinary action by the director for failure to provide adequate supervision.
(4) Any person issued an apprentice license under this section is subject to:
(a) Discipline under section 12-230-302 for engaging in an act that constitutes grounds for discipline under section 12-230-401; and
(b) A cease-and-desist order under sections 12-20-405 and 12-230-303 for engaging in behavior set forth in section 12-20-405.
(5) An apprentice license issued under this section is renewable and is subject to section 12-230-202 (2).
(6) A person in this state training to be a licensed hearing aid provider must possess a valid apprentice license issued by the director pursuant to this article 230 and rules promulgated pursuant to this article 230.
C.R.S. § 12-230-205 Retention of records - licensee's obligation
12-230-205. Retention of records - licensee's obligation. Each licensee who sells a hearing aid or provides goods or services to a customer shall develop a written plan to ensure the maintenance of customer records. The records must be retained for at least seven years and identify the customer by name; the goods or services, except batteries, minor parts, and accessories, provided to each customer; and the date and price of each transaction.
C.R.S. § 12-230-206 Financial assurance required - rules
12-230-206. Financial assurance required - rules. (1) Before the director issues a license to an applicant for a hearing aid provider license, the applicant shall post a surety bond in the amount of ten thousand dollars, maintain a one-million-dollar professional liability policy, or comply with an alternative as determined by the director. A licensed hearing aid provider shall maintain the required bond, policy, or alternative at all times.
(2) The director may file a claim, or assist a consumer in filing a claim, on the bond, policy, or alternative.
(3) The director, by rule, shall determine the requirements for the financial assurance required by this section.
C.R.S. § 12-230-207 Continuing education
12-230-207. Continuing education. Each licensed hearing aid provider in active practice within the state of Colorado shall annually attend not less than eight hours of continuing education on subjects related to the scope of practice specified in section 12-230-104.
C.R.S. § 12-230-301 Director - powers - duties - rules
12-230-301. Director - powers - duties - rules. (1) The director, in accordance with section 12-20-403, may make investigations and inspections as necessary to determine whether an applicant or licensee has violated this article 230 or any rule adopted by the director.
(2) The director may apply for injunctive relief in accordance with section 12-20-406 to enjoin any act or practice that constitutes a violation of this article 230. Upon a showing that a person is engaging in or intends to engage in the act or practice, the court shall grant an injunction, restraining order, or other appropriate order, regardless of the existence of another remedy.
(3) No later than December 31, 2013, and thereafter as necessary, the director shall adopt rules pursuant to section 12-20-204.
C.R.S. § 12-230-302 Disciplinary actions
12-230-302. Disciplinary actions. (1) If the director determines that an applicant or licensee has committed any of the acts specified in section 12-230-401, the director may:
(a) Issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4);
(b) Place a licensee on probation pursuant to section 12-20-404 (1)(b);
(c) Impose an administrative fine not to exceed two thousand five hundred dollars for each separate offense; or
(d) Take disciplinary action as authorized in section 12-20-404 (1)(d).
(2) The director may send a licensee a confidential letter of concern under the circumstances specified in section 12-20-404 (5).
(3) The director shall not enforce any provisions of this article 230 or rules promulgated pursuant to this article 230 that are held unconstitutional, invalid, or inconsistent with federal laws or regulations, including regulations promulgated by the United States food and drug administration.
C.R.S. § 12-230-303 Cease-and-desist orders - unauthorized practice - penalties
12-230-303. Cease-and-desist orders - unauthorized practice - penalties. (1) If it appears to the director, based upon credible evidence as presented in a written complaint by any person, that a licensee is acting in a manner that is a threat to the health and safety of the public, or a person is acting or has acted without the required license, the director, in accordance with the procedures specified in section 12-20-405, may issue an order to cease and desist the activity. The order must set forth the statutes and rules alleged to have been violated, the facts alleged to have constituted the violation, the specific harm that threatens the health and safety of the public, and the requirement that all unlawful acts or unlicensed practices immediately cease.
(2) A person who practices or offers or attempts to practice as a hearing aid provider or who engages in the practice of dispensing, fitting, or dealing in hearing aids without an active hearing aid provider license issued under this article 230 is subject to penalties pursuant to section 12-20-407 (1)(a).
C.R.S. § 12-230-401 Grounds for discipline
12-230-401. Grounds for discipline. (1) The following acts constitute grounds for discipline:
(a) Making a false or misleading statement or omission in an application for licensure;
(b) Violating any provision of this article 230, an applicable provision of article 20 or 30 of this title 12, a rule promulgated by the director under this article 230, or an order issued by the director under this article 230;
(c) Using false or misleading advertising;
(d) Representing that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the terms "doctor", "clinic", "state-licensed clinic", "state-registered", "state-certified", "state-approved", or any other term, abbreviation, or symbol when it would give the false impression that service is being provided by persons trained in medicine or that the licensee's service has been recommended by the state when that is not the case, or when it would be false or misleading;
(e) Directly or indirectly giving or offering to give money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by a licensee or influencing persons to refrain from dealing in the products of competitors;
(f) Employing a device, a scheme, or artifice with the intent to defraud a purchaser of a hearing aid;
(g) Selling a hearing aid to a child under eighteen years of age without receiving documentation that the child has been examined by a licensed physician and an audiologist within six months prior to the fitting;
(h) Intentionally disposing of, concealing, diverting, converting, or otherwise failing to account for any funds or assets of a purchaser of a hearing aid that is under the applicant's, licensee's, or apprentice's control;
(i) Making a false or misleading statement of fact concerning goods or services or the buyer's right to cancel with the intention or effect of deterring or preventing the buyer from exercising the buyer's right to cancel, or refusing to honor a buyer's request to cancel a contract for the purchase of a hearing aid, if the request was made during the rescission period set forth in section 6-1-701 (2)(e);
(j) Charging, collecting, or recovering any cost or fee for any good or service that has been represented by the licensee as free;
(k) Failing to adequately supervise a licensed hearing aid provider apprentice or any employee pursuant to section 12-230-103 (4) or 12-230-204 (2);
(l) Employing a sales agent or employee who violates any provision of this article 230, a rule promulgated by the director under this article 230, or an order issued by the director under this article 230;
(m) Failing to comply with a stipulation or agreement made with the director or with a final agency order;
(n) Failing to respond in an honest, materially responsive, and timely manner to a complaint issued pursuant to this article 230;
(o) Being convicted of, accepting a plea of guilty or nolo contendere to, or receipt of a deferred sentence in any court for a felony or for any crime involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing;
(p) Selling, dispensing, adjusting, providing training or teaching in regard to, or otherwise servicing surgically implanted hearing devices unless the hearing aid provider is an audiologist or a physician;
(q) Violating the "Colorado Consumer Protection Act", article 1 of title 6; and
involving fraud, deception, false pretense, theft, misrepresentation, false advertising, or dishonest dealing;
(p) Selling, dispensing, adjusting, providing training or teaching in regard to, or otherwise servicing surgically implanted hearing devices unless the hearing aid provider is an audiologist or a physician;
(q) Violating the "Colorado Consumer Protection Act", article 1 of title 6; and
(r) Failing to practice according to commonly accepted professional standards.
(2) Any disciplinary action taken by another state, a local jurisdiction, or the federal government against an applicant or licensee constitutes prima facie evidence of grounds for disciplinary action, including denial of a license under this article 230; except that this subsection (2) applies only to discipline for acts or omissions that are substantially similar to those set out as grounds for disciplinary action under this section.
C.R.S. § 12-230-501 Definitions
12-230-501. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Dispenser" means a person licensed as a hearing aid provider pursuant to part 2 of this article 230 who dispenses hearing aids.
C.R.S. § 12-230-502 Dispensing hearing aids - deceptive trade practices
12-230-502. Dispensing hearing aids - deceptive trade practices. (1) In addition to any other deceptive trade practices under section 6-1-105, a dispenser engages in a deceptive trade practice when the dispenser:
(a) Fails to deliver to each person to whom the dispenser dispenses a hearing aid a receipt that:
(I) Bears the business address of the dispenser, together with specifications as to the make and serial number of the hearing aid furnished and the full terms of the sale clearly stated. If the dispenser dispenses a hearing aid that is not new, the dispenser shall clearly mark on the hearing aid container and the receipt the term "used" or "reconditioned", whichever is applicable, within the terms of the guarantee, if any.
(II) Bears, in no smaller type than the largest used in the body of the receipt, in substance, a provision that the buyer has been advised at the outset of the buyer's relationship with the dispenser that any examination or representation made by a dispenser in connection with the practice of dispensing, fitting, or dealing in hearing aids is not an examination, diagnosis, or prescription by a person licensed to practice medicine in this state and, therefore, must not be regarded as medical opinion or advice;
(III) Bears, in no smaller type than the largest used in the body of the receipt, a provision indicating that dispensers who are licensed by the department are regulated by the division; and
(IV) Bears a provision labeled "warranty" in which the exact warranty terms and periods available from the manufacturer are documented, or includes an original or photocopy of the original manufacturer's warranty with the receipt;
(b) Dispenses a hearing aid to a child under eighteen years of age without receiving documentation that the child has been examined by a licensed physician and an audiologist within six months prior to the fitting;
(c) Dispenses, adjusts, provides training or teaching in regard to, or otherwise services surgically implanted hearing devices unless the dispenser is an audiologist or physician;
(d) Fails to recommend in writing, prior to fitting or dispensing a hearing aid, that the best interests of the prospective user would be served by consulting a licensed physician specializing in diseases of the ear, or any licensed physician, if any of the following conditions exist:
(I) Visible congenital or traumatic deformity of the ear;
(II) Active drainage of the ear, or a history of drainage of the ear within the previous ninety days;
(III) History of sudden or rapidly progressive hearing loss;
(IV) Acute or chronic dizziness;
(V) Unilateral hearing loss of sudden onset within the previous ninety days;
(VI) Audiometric air-bone gap equal to or greater than fifteen decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz;
(VII) Visible evidence of significant cerumen accumulation on, or a foreign body in, the ear canal; or
(VIII) Pain or discomfort in the ear;
dly progressive hearing loss;
(IV) Acute or chronic dizziness;
(V) Unilateral hearing loss of sudden onset within the previous ninety days;
(VI) Audiometric air-bone gap equal to or greater than fifteen decibels at 500 hertz (Hz), 1,000 Hz, and 2,000 Hz;
(VII) Visible evidence of significant cerumen accumulation on, or a foreign body in, the ear canal; or
(VIII) Pain or discomfort in the ear;
(e) Fails to provide a minimum thirty-day rescission period with the following terms:
(I) The buyer has the right to cancel the purchase for any reason before the expiration of the rescission period by giving or mailing written notice of cancellation to the dispenser and presenting the hearing aid to the dispenser, unless the hearing aid has been lost or significantly damaged beyond repair while in the buyer's possession and control. The rescission period is tolled for any period during which a dispenser takes possession or control of a hearing aid after its original delivery.
(II) The buyer, upon cancellation, is entitled to receive a full refund of any payment made for the hearing aid within thirty days after returning the hearing aid to the dispenser, unless the hearing aid was significantly damaged beyond repair while in the buyer's possession and control.
(III) (A) The dispenser shall provide a written receipt or contract to the buyer that includes, in immediate proximity to the space reserved for the signature of the buyer, the following specific statement in all capital letters of no less than ten-point, bold-faced type:
THE BUYER HAS THE RIGHT TO CANCEL THIS PURCHASE FOR ANY REASON AT ANY TIME PRIOR TO 12 MIDNIGHT ON THE [Insert applicable rescission period, which must be no shorter than thirty days after receipt of the hearing aid] CALENDAR DAY AFTER RECEIPT OF THE HEARING AID BY GIVING OR MAILING THE DISPENSER WRITTEN NOTICE OF CANCELLATION AND BY RETURNING THE HEARING AID, UNLESS THE HEARING AID HAS BEEN SIGNIFICANTLY DAMAGED BEYOND REPAIR WHILE THE HEARING AID WAS IN THE BUYER'S CONTROL.
(B) The written contract or receipt provided to the buyer must also contain a statement, in print size no smaller than ten-point type, that the sale is void and unenforceable if the hearing aid being purchased is not delivered to the consumer within thirty days after the date the written contract is signed or the receipt is issued, whichever occurs later. The written contract or receipt must also include the dispenser's license number, if the dispenser is required to be licensed by the state, and a statement that the dispenser will promptly refund all money paid for the purchase of the hearing aid if it is not delivered to the consumer within the thirty-day period. The buyer cannot waive this requirement, and any attempt to waive it is void.
(IV) A refund request form must be attached to each receipt and must contain the information in subsection (1)(a)(I) of this section and the statement, in all capital letters of no less than ten-point, bold-faced type:
REFUND REQUEST - THIS FORM MUST BE POSTMARKED BY _________ [Date to be filled in]. NO REFUND WILL BE GIVEN UNTIL THE HEARING AID OR HEARING AIDS ARE RETURNED TO THE DISPENSER.
A space for the buyer's address, telephone number, and signature must be provided. The buyer is required only to sign, list the buyer's current address and telephone number, and mail the refund request form to the dispenser. If the hearing aid is sold in the buyer's home, the buyer may require the dispenser to arrange the return of the hearing aid.
D OR HEARING AIDS ARE RETURNED TO THE DISPENSER.
A space for the buyer's address, telephone number, and signature must be provided. The buyer is required only to sign, list the buyer's current address and telephone number, and mail the refund request form to the dispenser. If the hearing aid is sold in the buyer's home, the buyer may require the dispenser to arrange the return of the hearing aid.
(f) Represents that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true or using the terms "doctor", "clinic", "state-licensed clinic", "state-registered", "state-certified", or "state-approved", or any other term, abbreviation, or symbol when it would:
(I) Falsely give the impression that service is being provided by persons trained in medicine or that the dispenser's service has been recommended by the state when that is not the case; or
(II) Be false or misleading;
(g) Directly or indirectly:
(I) Gives or offers to give, or permits or causes to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence the person or have the person influence others to purchase or contract to purchase products sold or offered for sale by the dispenser; except that a dispenser does not violate this subsection (1)(g)(I) if the dispenser pays an independent advertising or marketing agent compensation for advertising or marketing services the agent rendered on the dispenser's behalf, including compensation that is paid for the results or performance of the services on a per-patient basis; or
(II) Influences or attempts to influence any person to refrain from dealing in the products of competitors;
(h) Dispenses a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in the fitting of hearing aids, except when selling a replacement hearing aid within one year after the date of the original purchase;
(i) Makes a false or misleading statement of fact concerning goods or services or the buyer's right to cancel with the intention or effect of deterring or preventing the buyer from exercising the buyer's right to cancel, or refuses to honor a buyer's request to cancel a contract for the purchase of a hearing aid, if the request was made during the rescission period set forth in subsection (1)(e) of this section;
(j) Employs a device, a scheme, or an artifice with the intent to defraud a buyer of a hearing aid;
(k) Intentionally disposes of, conceals, diverts, converts, or otherwise fails to account for any funds or assets of a buyer of a hearing aid that is under the dispenser's control; or
(l) Charges, collects, or recovers any cost or fee for any good or service that has been represented by the dispenser as free.
(2) (a) This section applies to a dispenser who dispenses hearing aids in this state.
(b) This section does not apply to the dispensing of hearing aids outside of this state so long as the transaction either conforms to this section or to the applicable laws and rules of the jurisdiction in which the transaction takes place.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-12.docxFetched: 10/6/2026