Catalog or Mail-Order Sale of Hearing Aids

Section 3351.5 of the California Business and Professions Code provides that hearing aids may be sold by catalog or direct mail provided that:

• The seller is licensed as a hearing aid dispenser in California.
• There is no fitting, selection, or adaptation of the instrument.
• No advise is given with respect to fitting, selection, or adaptation of the instrument.
• No advice is given with respect to the taking of an ear impression for an earmold by the seller.
• The seller has received a statement which is signed by a physician and surgeon, audiologist, or a hearing aid dispenser, licensed by the State of California which verifies direct observation of the ear canal and referral to a physician. A copy of the statement confirming observation of the ear canal must be retained by the seller for seven years. If certain medical conditions (outlined in the law) are present, it is not possible for a consumer to waive his/her right to see a physician.