Effective - 28 Aug 2007
346.110. Prohibited acts. — No person shall:
(1) Sell through the mails, hearing instruments without prior fitting and testing by a hearing instrument specialist licensed under this chapter or an audiologist licensed under chapter 345;
(2) Sell, barter, or offer to sell or barter a license;
(3) Purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to engage in the practice of fitting hearing instruments;
(4) Alter a license with fraudulent intent;
(5) Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered;
(6) Willfully make a false statement in an application for license or application for renewal of a license.
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(L. 1973 H.B. 396 & 257 § 23, A.L. 1995 S.B. 69, et al., A.L. 2007 H.B. 780 merged with S.B. 308)
(2006) Section prohibiting mail order sales of hearing aids without prior fitting and testing is preempted by Medical Devices Amendment to the Food, Drug and Cosmetics Act. Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express, Inc., 447 F.3d 1033 (8th Cir.).
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 346 - Hearing Aid Fitters and Dealers
Section 346.007 - Title of act.
Section 346.010 - Definitions.
Section 346.015 - License required — exception — penalty for violation.
Section 346.020 - Purchase agreement, contents.
Section 346.025 - Purchasers under eighteen — outside examination required.
Section 346.030 - Inapplicability of law, when.
Section 346.035 - Exempt profession.
Section 346.045 - Registration, when, fee — license issued, when.
Section 346.055 - Requirements for licensure.
Section 346.060 - Examination, written and practical required.
Section 346.065 - Examinations, when held.
Section 346.070 - Temporary permit issued, when.
Section 346.085 - Examination — standards to be promulgated.
Section 346.100 - Complaints against licensees, how made, hearing — sanctions — records.
Section 346.105 - Denial, revocation, or suspension of license, grounds for.
Section 346.110 - Prohibited acts.
Section 346.115 - Powers and duties of division.
Section 346.125 - Board, duties.
Section 346.130 - Board meetings, when.
Section 346.135 - Hearing instrument specialist fund, created, uses — amount of fund to lapse.