Thirty-day trial period; purchaser’s right to cancel; notice; refund; cancellation fee; criminal penalty.

(1) A person selling a prescription hearing aid in this state must provide the buyer with written notice of a 30-day trial period and money-back guarantee. The guarantee must permit the purchaser to cancel the purchase for a valid reason, as defined by board rule, within 30 days after receiving the prescription hearing aid, by returning the prescription hearing aid or mailing written notice of cancellation to the seller. If the prescription hearing aid must be repaired, remade, or adjusted during the 30-day trial period, the running of the 30-day trial period is suspended 1 day for each 24-hour period that the prescription hearing aid is not in the purchaser’s possession. A repaired, remade, or adjusted prescription hearing aid must be claimed by the purchaser within 3 working days after notification of availability. The running of the 30-day trial period resumes on the day the purchaser reclaims the repaired, remade, or adjusted prescription hearing aid or on the fourth day after notification of availability, whichever occurs earlier.

(2) The board, in consultation with the Board of Speech-Language Pathology and Audiology, shall prescribe by rule the terms and conditions to be contained in the money-back guarantee and any exceptions thereto. Such rules must provide, at a minimum, that the charges for earmolds and service provided to fit the prescription hearing aid may be retained by the licensee. The rules must also set forth any reasonable charges to be held by the licensee as a cancellation fee. The terms and conditions of the guarantee, including the total amount available for refund, must be provided in writing to the purchaser before the signing of the contract.

(3) Within 30 days after the return or attempted return of the prescription hearing aid, the seller shall refund all moneys that must be refunded to a purchaser pursuant to this section. A violation of this subsection is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(4) For purposes of this section, the term “seller” or “person selling a prescription hearing aid” includes:

(a) Any person licensed under this part or any other person who signs a sales receipt required by s. 484.051(2) or s. 468.1245(2) or otherwise fits, delivers, or dispenses a prescription hearing aid.

(b) Any business organization, whether a sole proprietorship, partnership, corporation, professional association, joint venture, business trust, or other legal entity, that dispenses a prescription hearing aid or enters into an agreement to dispense a prescription hearing aid.

(c) Any person who controls, manages, or operates an establishment or business that dispenses a prescription hearing aid or enters into an agreement to dispense a prescription hearing aid.