BILL NUMBER: AB 311 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 7, 2008
INTRODUCED BY Assembly Member Dymally
FEBRUARY 9, 2007
An act to add Section 3351.7 to the Business and
Professions Code, relating to hearing aids. An act to
add Chapter 16 (commencing with Section 4999.80) to Division 2 of the
Business and Professions Code, relating to colon hydrotherapy.
LEGISLATIVE COUNSEL'S DIGEST
AB 311, as amended, Dymally. Hearing aids:
over-the-counter sales. Colon hydrotherapy.
Existing law provides for the regulation of various professions
and vocations, including, among others, physicians and surgeons,
podiatrists, osteopaths, and chiropractors.
This bill would enact the Colon Hydrotherapy Act and create the
Board of Colon Hydrotherapy within the Department of Consumer Affairs
for the purpose of licensing and regulating the practice of colon
hydrotherapy, as defined. The bill would provide that the board would
consist of 5 members who would be appointed by the Governor for
3-year terms. The bill would establish licensure and practice
requirements for colon hydrotherapists, student trainees, and colon
hydrotherapy establishments. The bill would require applicants for
these licenses to submit an application and specified fees. The bill
would direct the deposit of these fees into the Colon Hydrotherapy
Fund, which would be created by the bill. The bill would establish
various prohibited activities for the practice of colon hydrotherapy
and would make a violation of those provisions a crime. The bill
would require a colon hydrotherapy establishment to pass an
inspection of the city, county, or city and county where the
establishment is located.
Because the bill would impose additional duties on counties and
because a violation of this bill's provisions would be a crime, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Under existing law, the Hearing Aid Dispensers Licensing Law, the
Hearing Aid Dispensers Bureau licenses and regulates the practice of
fitting and selling hearing aids. Under that law, a hearing aid is
required to be dispensed by a licensed hearing aid dispenser.
Existing law, the Federal Food, Drug, and Cosmetic Act, also
regulates the labeling and conditions for sale of hearing aid
devices, and preempts state laws that are different from or in
addition to those requirements.
This bill would authorize the sale of over-the-counter hearing aid
devices by an unlicensed person if such sales are authorized under
federal law. The bill would make findings and declarations in that
regard.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 16 (commencing with Section
4999.80) is added to Division 2 of the Business and
Professions Code , to read:
CHAPTER 16. COLON HYDROTHERAPY
4999.80. (a) This chapter shall be known and may be cited as the
Colon Hydrotherapy Act.
(b) It is the intent of the Legislature that the provisions of
this chapter regulate colon hydrotherapists and colon hydrotherapy
establishments so that they serve the health and therapeutic colon
hydrotherapy needs of the residents of California. It is also the
legislative intent that those individuals and establishments be
regulated in order to provide their services in compliance with
standards of safety, hygiene, and professional ethics for the purpose
of maintaining the health and welfare of the residents of
California.
4999.81. For purposes of this chapter the following definitions
shall apply:
(a) "Board" means the Board of Colon Hydrotherapy.
(b) "Client" means a person receiving a colon hydrotherapy session
from a colon hydrotherapist at a colon hydrotherapy establishment. A
colon hydrotherapy client is not a medical patient.
(c) "Colon hydrotherapist" means a person who has been trained to
perform a colon hydrotherapy session.
(d) "Colon hydrotherapy session" means a session where water
enters a client's bowels, softening and loosening waste, and creating
the reflex for evacuation. The client's colon evacuates through
normal peristalsis. This process may be repeated several times during
a session, thereby exercising the muscles which make up the colon.
(e) "Colon hydrotherapy establishment" means a place of business
where colon hydrotherapy is administered or practiced for
compensation. A colon hydrotherapy establishment shall comply with
local building and safety codes, fire codes, and health codes in the
city, county, or city and county of its location. Colon hydrotherapy
establishments may be located in either business or residential
zones, and shall comply with all the requirements of Section 4999.83.
(f) "Colon hydrotherapy school" means any institution of learning
that has as its purpose the in-depth instruction in the theory,
practice, application, and ethics of colon hydrotherapy. The
institution shall offer a residential course of study and require a
100-hour course of study with no less than 100 hours of classroom
instruction, and 25 intern sessions (colonics). The institution shall
issue a certificate or diploma upon successful completion of the
course of study and provide an official transcript. In addition, an
institution shall be approved by the International Association of
Colon Hydrotherapy (I-ACT) and be certified by the Department of
Consumer Affairs.
(g) "Colon hydrotherapy equipment" means equipment that has been
approved by the FDA as a Class II Medical Device for the purpose of
performing a colon hydrotherapy session. Colon hydrotherapy equipment
does not have a motor or a generator, and it does not generate
force. Instead, the equipment controls force. The equipment is
designed to provide temperature controlled, pressure controlled
filtered water to the client's rectum and colon. The colon
hydrotherapy equipment should be connected to the public water supply
in order to meet all local plumbing codes and ordinances and to
ensure that the water supply is sanitary.
(h) "Obturator" means a stick with a smooth, half sphere on one
end and a small handle on the other end. It is placed within the
speculum to allow the speculum to enter the anal canal without
disturbing the tissue.
(i) "Rectal tube or rectal nozzle" means the sterile, disposable,
small hollow plastic tube that is inserted approximately 3 inches
into the rectum and allows water to flow into the rectum and colon.
This tube remains in place during the evacuation of waste, and shall
be for a one-time-only use and shall be disposable.
(j) "Speculum" means a rigid tube about five and a half inches
long and approximately three quarters of an inch in diameter that
enters approximately two and a half to three inches into the anal
canal. A water tube one quarter inch in diameter attaches to the side
of the speculum that is away from the body, with a waste tube one
inch in diameter attached on the far end. A speculum shall be for a
one-time-only use and shall be disposable.
(k) "Table" and "base" mean the cushioned surface upon which a
client of colon hydrotherapy rests during a colon hydrotherapy
session.
4999.82. There is hereby established in the Department of
Consumer Affairs the Board of Colon Hydrotherapy for the purpose of
administering and maintaining examinations to reflect current trends
in the profession, consumer protection, and quality control. The
board shall consist of five practicing colon hydrotherapists of
integrity and ability, each of whom shall be licensed, and have been
practicing as a colon hydrotherapist for a period of at least two
years. Board members shall be appointed by the Governor for terms of
three years.
4999.83 (a) It shall be unlawful for any person to practice or
administer any subject or method of treatment listed in Section
4999.81 without first obtaining and maintaining in effect a colon
hydrotherapist license or student trainee license as required by this
chapter. It shall also be unlawful for a student trainee to charge a
fee for colon hydrotherapy.
(b) It shall be unlawful for any person, association, firm, or
corporation to conduct or operate a colon hydrotherapy establishment
without first obtaining and maintaining in effect a colon
hydrotherapy establishment license as required by this chapter.
(c) It shall be unlawful for any person, association, firm, or
corporation to employ as a colon hydrotherapist any person who does
not hold a current unrevoked and unsuspended colon hydrotherapist
license as required by this chapter.
(d) It shall be unlawful for any person, association, firm, or
corporation licensed pursuant to this chapter to operate under any
name or conduct business under any designation not specified in its
license.
4999.84. (a) Any person, association, firm, or corporation
desiring to obtain a colon hydrotherapist license or colon
hydrotherapy establishment license shall submit an application to the
board. Persons desiring licenses authorizing them to perform the
activities of a colon hydrotherapist and, in addition, to conduct or
operate a colon hydrotherapy establishment shall submit two separate
applications.
(b) An application for licensure as a colon hydrotherapist shall
be accompanied by a nonrefundable fee to be established by the board.
These fees shall be deposited in the Colon Hydrotherapy Fund.
(c) An application for licensure as a colon hydrotherapy
establishment shall be accompanied by a nonrefundable fee to be
established by the board. These fees shall be deposited in the Colon
Hydrotherapy Fund.
4999.85. An applicant for licensure as a colon hydrotherapist or
a colon hydrotherapy establishment shall include all of the following
in the application:
(a) The applicant's full legal name and current residence address.
(b) Any other name by which the applicant has been known during
the previous five years.
(c) The address at which the applicant desires to do business.
(d) The two residence addresses immediately prior to the present
address of each applicant, and the dates of residence at each
address.
(e) Personally written letters of character reference from three
adults who are not related to and who have known the applicant for at
least three years. The letters shall include addresses and telephone
numbers of the references.
(f) Written proof that the applicant is at least twenty-one years
of age if applying for a colon hydrotherapy establishment license, or
at least eighteen years of age if applying for a colon
hydrotherapist license. Any one of the following written instruments
shall be the only acceptable types of identification:
(1) A valid driver's license issued by any state, provided that
the license includes a picture of the licensee.
(2) A valid armed forces identification card.
(3) A valid government issued passport that contains a photograph
of the applicant and his or her date of birth.
(g) The applicant's height, weight, and hair and eye color.
(h) Two passport-size portrait photographs of the applicant,
approximately two inches by two inches in size, taken within the
previous six months.
(i) The business, occupation, or employment history of the
applicant during the previous five years.
(j) The business license history of the applicant, including
whether the applicant, while previously operating in this state under
license, has had his or her license revoked or suspended, the reason
for the suspension or revocation, and the business applicant's
activity or occupation subsequent to the suspension or revocation.
(k) All felony and misdemeanor convictions, excluding those for
civil traffic offenses, and the grounds for the convictions.
(l) A certificate from a health care provider stating that the
applicant has, within 30 days immediately prior to issuance of the
certificate, been examined and found to be free of any contagious or
communicable disease.
(m) Documentation of the applicant's education, training, and
experience from a colon hydrotherapy school and from colon
hydrotherapy establishments in the administration and practice of the
subjects and methods relative to the practice of colon hydrotherapy.
(n) Any other identification and information as the board may
require to be included in the application.
4999.86. Any applicant for a license pursuant to this chapter
shall present the application to the board containing the information
required under Section 4999.85. This information shall be reviewed
by the board.
4999.87. A colon hydrotherapy establishment license shall not be
issued or renewed unless the establishment satisfies all of the
following requirements:
(a) A readable sign shall be permanently posted at the main
entrance identifying the establishment as a colon hydrotherapy
establishment. The sign shall not be smaller than 3" x 5" and shall
be of a durable material.
(b) Required minimum lighting shall be provided in accordance with
the Uniform Building Code, and at least one artificial light of not
less than twenty-five watts shall be provided in each room or
enclosure where colon hydrotherapy services are performed on clients.
This lighting shall be used when colon hydrotherapy services are
performed.
(c) Minimum ventilation shall be provided in accordance with the
Uniform Building Code.
(d) Colon hydrotherapy establishments shall utilize
single-use-only disposable rectal nozzles and speculums.
(e) Hot and cold running water, tempered by means of a mixing
valve faucet, shall be available to clients at all times.
(f) Closed containers shall be provided and used for the storage
of clean linens.
(g) Adequate dressing and toilet facilities shall be provided for
clients. The bathroom shall be within the confines of the
establishment. One dressing room, which may be the same as the colon
hydrotherapist treatment room, one toilet, and one wash basin shall
be provided by every colon hydrotherapy establishment with one to
three treatment rooms, inclusive. Another toilet and wash basin shall
be provided when there are four or more treatment rooms in an
establishment.
(h) All walls, ceilings, floors, showers, bathtubs, steam rooms,
and all other physical facilities within the colon hydrotherapy
establishment shall be in good repair and maintained in a clean and
sanitary condition. Cabinets, toilets, and wash basins shall be
thoroughly cleaned each day the business is in operation. Shower
compartments and bathtubs, where provided, shall be thoroughly
cleaned after each use.
(i) Clean and sanitary materials, including, sheets and towels,
shall be provided for each client of the colon hydrotherapy
establishment.
(j) All wash basins within a colon hydrotherapy establishment
shall have hot and cold running water, tempered by means of a mixing
valve faucet. Sanitary towels shall be placed in permanently
installed dispensers or upon a permanently attached roll dispenser. A
soap dispenser shall be placed on or near each wash basin.
(k) If a colon hydrotherapy establishment is located in a
residence, the following requirements shall be satisfied:
(1) A separate room that is not used as a living space shall be
used as the colon hydrotherapy treatment room.
(2) Only one colon hydrotherapy treatment room shall be located
within a residence.
(3) Toilet and wash basin facilities shall be located on the same
floor as the colon hydrotherapy treatment room and shall be easily
accessible to the colon hydrotherapy treatment room. No
nonresidential plumbing fixtures shall be installed to accommodate
this use.
(4) Adequate parking space for no less than two cars shall be
available.
(5) A colon hydrotherapy establishment in a residence shall be
accessible by a separate outside entrance that does not provide
access to the residence. If installation of an outside entrance is
necessary, the entrance shall be constructed to the side or back of
the residence and conform to all building codes.
(6) A colon hydrotherapy establishment shall be separated from the
residence by complete partitioning and solid, self-closing doors.
Raised panel doors shall not satisfy the requirements of this
paragraph.
(l) The colon hydrotherapy establishment shall pass the inspection
of the city, county, or city and county where it is located.
4999.88. (a) A student trainee license may be issued if the
applicant has furnished written proof that he or she is enrolled in a
colon hydrotherapy school, as defined by subdivision (f) of Section
4999.81, and has completed 50 hours of the required course of study.
A student trainee license shall be valid as long as the student
trainee is enrolled in a colon hydrotherapy school. Within 60 days of
completion of the course and upon submitting a certificate or
diploma of graduation from the colon hydrotherapy school, the student
trainee shall be eligible to be examined by the board. Upon approval
by the board, a student trainee license may be converted to that of
a regular colon hydrotherapist license at no additional cost. A
student trainee license shall not qualify that licensee to be
employed as a colon hydrotherapist in this state at any time. If a
student trainee does not submit a certificate from a colon
hydrotherapy school within that 60-day period, he or she shall be
required to reapply, paying all application fees in full.
(b) A colon hydrotherapist license may be issued to an applicant
who meets all of the following requirements:
(1) The applicant submits a diploma, certificate, or transcript
documenting 60 classroom hours in the subjects of anatomy and
physiology of the alimentary tract from a colon hydrotherapy school
that offers a residential course of study, or submits a transcript
documenting no less than two semesters of college-level anatomy and
physiology showing a passing grade of C or better.
(2) The applicant submits a diploma or certificate and a
transcript documenting no less than 100 hours of colon hydrotherapy
instruction and supervised practice from a colon hydrotherapy school,
as defined in Section 4999.81.
(3) The applicant provides written proof of interning experience
that includes colon hydrotherapy sessions with a minimum of 25
clients. This written proof may be documented by the school, an
employer, private client receipts, or colon hydrotherapy session
appointment calendars.
(4) All applicants shall pass a written examination, with a score
of at least 75 percent, prepared and conducted by the board,
establishing the applicant's competency and ability to practice colon
hydrotherapy. The examination shall require the applicant to
demonstrate basic knowledge of the subjects and methods listed in
Section 4999.81. The board shall provide applicants with study
guidelines to prepare for the written examination. Examination text
or outlines shall not be provided to any colon hydrotherapy school.
(c) An applicant who either fails to score a passing grade on the
written examination described in subdivision (b) or who fails to
appear for a scheduled examination shall be entitled to be
rescheduled, for a fee to be established by the board. The
rescheduling shall be within a 6-month period. If reexamination is
not applied for within the 6-month period, an applicant shall be
required to pay a new application fee. If the reexamination is not
applied for within a 12-month period, a new application process shall
be initiated. Applicants who are rescheduled will be given priority
on the list of applicants to be examined.
(d) All colon hydrotherapy schools, as defined in Section 4999.81,
shall provide the board with a complete list of students graduated
or students terminated within 10 working days following the granting
of graduate status to, or the termination of, each student or group
of students graduated or terminated.
(e) A colon hydrotherapist who has been practicing and has been
certified at the foundation level or higher by the International
Association for Colon Hydrotherapy since January 1, 2007, shall be
provided a license as a colon hydrotherapist pursuant to this chapter
and shall not be required to satisfy the requirements of subdivision
(b).
4999.89. (a) A colon hydrotherapy establishment license or colon
hydrotherapist license shall not be issued or renewed if the
applicant has been convicted within the last 5 years of any felony or
other offense involving moral turpitude or dangerous or narcotic
drugs.
(b) For purposes of this chapter, "moral turpitude" means acts
that adversely affect one's honesty, integrity, or personal values,
and may be defined as an act of baseness, vileness, or depravity in
the private and social duties owed to the community.
4999.90. (a) Every person, association, firm, or corporation to
which a colon hydrotherapist license or colon hydrotherapy
establishment license has been issued pursuant to this chapter shall
display the license in a conspicuous place upon the colon
hydrotherapy business premises. A recent photograph of the colon
hydrotherapist licensee or the owner of a colon hydrotherapy
establishment shall be attached to the license. The board may inspect
all places of business subject to the provisions of this chapter and
the books and records of those colon hydrotherapy businesses.
(b) A change of location of a colon hydrotherapy establishment may
be approved by the board upon receiving an appropriate inspection
report and a facility transfer fee that the board shall establish at
the beginning of each fiscal year.
4999.91. (a) Every licensed colon hydrotherapist and colon
hydrotherapy establishment shall pay a yearly renewal fee according
to a schedule that the board shall establish for each category of
license at the beginning of each fiscal year.
(b) An individual issued a colon hydrotherapist trainee license
shall not be subject to the renewal fee required by subdivision (a)
until the board issues him or her a colon hydrotherapist license.
4999.92. (a) Upon the sale or transfer of any interest in a colon
hydrotherapy establishment, the license for that establishment shall
expire. To receive a new colon hydrotherapy establishment license,
an application that satisfies all the colon hydrotherapy
establishment license application requirements of this chapter shall
be submitted to the board by the person, association, firm, or
corporation desiring to own or operate the establishment.
(b) Any colon hydrotherapy establishment that plans to enlarge or
expand the building or other place of business of its establishment
shall also satisfy the requirements of subdivision (a).
4999.93. (a) All of the following shall be unlawful acts:
(1) For any person, association, firm, or corporation to conduct
or operate a colon hydrotherapy establishment on the same premises
where alcohol is sold, unless operated by a nonprofit corporation or
duly licensed athletic club, spa, or resort.
(2) For any person, association, firm, or corporation to conduct
or operate a colon hydrotherapy establishment on the same premises
where an adult bookstore, adult motion picture theater, or adult
entertainment enterprise is located.
(3) For any person to practice or administer any subject or method
of colon hydrotherapy service, whether for a fee or gratuity, under
the following circumstances:
(A) With the intent to arouse, appeal to, or gratify sexual
desires.
(B) During a session when the client is not draped, whether with a
sheet, towel, or both. Exposure of the genital area is prohibited.
(C) While wearing clothing that does not reflect the general
standard of colon hydrotherapist professional attire, as determined
by the board.
(D) With the intent to diagnose any disease or prescribe any drugs
or supplements to a colon hydrotherapy client for any specific
conditions, unless the colon hydrotherapist is licensed under Chapter
5 (commencing with Section 2000), the Medical Practice Act, and is
authorized under that act to make the diagnosis and prescribe the
drugs or supplements.
(E) To operate outside of the scope of practice of a colon
hydrotherapist, as established by this chapter.
(b) Any person who violates any provision of this chapter is
guilty of a misdemeanor and shall be punished by a fine of not less
than two hundred dollars ($200) nor more than one thousand two
hundred dollars ($1,200) or by imprisonment for a term of not less
than 60 days nor more than 180 days, or by both that fine and
imprisonment.
4999.94. (a) The board may revoke, suspend, or deny renewal of a
colon hydrotherapist license or a colon hydrotherapy establishment
license upon a finding of any of the following conditions:
(1) The licensee has engaged in fraud in conducting the business
of a colon hydrotherapist or colon hydrotherapy establishment, or of
fraud or deceit in obtaining a license to conduct that business.
(2) The licensee has been convicted within the last five years in
a court of competent jurisdiction of a felony or of any offense
involving moral turpitude or dangerous or narcotic drugs.
(3) The licensee has engaged in false, fraudulent, misleading, or
deceptive advertising.
(4) The licensee is grossly ignorant or guilty of willful
negligence in the business of colon hydrotherapy or a colon
hydrotherapy establishment.
(5) The licensee is engaged in the business of a colon
hydrotherapist or colon hydrotherapy establishment under a false or
assumed name or is impersonating another practitioner.
(6) The licensee has violated any of the provisions of this
chapter.
(b) Any person having a complaint regarding the performance or
conduct of a colon hydrotherapist relative to the provisions of this
chapter may submit that complaint to the board for review. Upon
receipt of the complaint, the board shall give written notice to the
licensee that a review hearing will be held at a place and time
specified in the notice.
That hearing shall not be sooner than 10 days nor more than 30 days
from the date of the notice. The notice shall state the grounds set
forth in the complaint and the licensee shall be allowed to appear
and offer evidence. A record shall be kept, including proof offered
and a transcript of testimony. The board shall, within three days of
hearing, determine whether there is sufficient cause to move forward
with proceedings to revoke or suspend the colon hydrotherapist's
license. Within 10 days of determining that there is sufficient cause
to move forward with revocation or suspension proceedings, the board
shall provide the licensee written notice as required for a review
hearing.
(c) Complaints received by the board that involve possible
criminal conduct of a colon hydrotherapist, in that capacity, shall
be immediately forwarded to the Attorney General for investigation.
If the Attorney General determines that criminal conduct is not
involved or prosecution is not warranted, that information shall be
provided to the board.
(d) If the board finds that a colon hydrotherapist has violated
the provisions of this chapter, the board may do any of the
following:
(1) Suspend his or her license within one year of the board's
finding, unless within that one-year period the licensee has
fulfilled requirements of additional education in an amount to be
determined by the board.
(2) Suspend his or her license for a six-month period, one-year
period, or permanently revoke the license following the board's
finding.
(e) To suspend or revoke a license, the board shall deliver to the
licensee, or by certified mail at his or her business address as
shown on the application or other more recent record, a written
notice of the board's decision. The cause of the suspension or
revocation shall be set forth in the notice. A suspended or revoked
license shall be surrendered to the board on demand.
4999.95. (a) No person, association, firm, or corporation shall
apply for any colon hydrotherapist license or colon hydrotherapy
establishment license within one year from the denial of that license
to the applicant or from the suspension, revocation, or nonrenewal
of that license, except where the denial of the license is the result
of a failure to pass the licensing examination, or the cause of the
denial, suspension, revocation, or renewal has been, to the
satisfaction of the board, removed within that time.
(b) Any person denied a license pursuant to the provisions of this
chapter, or whose license has been suspended, revoked, or not
renewed, may appeal in writing to the board within 10 days from the
action, stating the reasons why the action was improper. The board
shall hear the appeal on its merits not less than seven days nor more
than 30 days following the filing of the appeal. The board may
uphold, modify, or reverse the previous action, and its decision
shall be binding on the applicant. If the applicant fails to appear
at the hearing, the board may conduct the hearing and the decision of
the board shall become binding upon the parties.
4999.96. The provisions of this chapter shall not apply to any of
the following persons when they are practicing in their licensed
profession and that profession overlaps the field of colon
hydrotherapy:
(a) Licensees under the Medical Practice Act, Chapter 5
(commencing with Section 2000).
(b) Licensees under the Chiropractic Act.
(c) Registered nurses when acting under the supervision of a
licensed physician and surgeon.
4999.97. It shall be unlawful for persons practicing colon
hydrotherapy for compensation within this state to advertise their
practice using the term "colon hydrotherapist," or any other term
that implies a colon hydrotherapy technique or method in any public
or private publication or communication, if they are not licensed as
a colon hydrotherapist under this chapter.
4999.98. All fees collected by the board shall be paid into the
State Treasury and shall be credited to the Colon Hydrotherapy Fund
which is hereby created. The money in the fund shall be available,
upon appropriation by the Legislature, for expenditure by the board
to defray its expenses and to otherwise administer this chapter.
4999.99. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
SECTION 1. The Legislature finds and declares
the following:
(a) Senior citizens and the needy have the least amount of money
available to purchase hearing aids.
(b) Although hearing disorders may afflict any person, senior
citizens and the needy can least afford medical procedures to improve
their hearing.
(c) The ability to hear is necessary in order to function socially
and as a contributing member of society.
(d) The senior citizen who has a hearing disorder is the person
who is best qualified to determine whether he or she should purchase
an over-the-counter hearing aid.
(e) Hearing test units that allow senior citizens to determine
which over-the-counter hearing aid is best for them can be installed
in drugstores.
(f) Hearing aid manufacturers have stated, and are willing to
testify, that over-the-counter hearing aids are safe for the
customer.
(g) The cost of a high-quality hearing aid obtained through an
audiologist typically exceeds six thousand dollars ($6,000).
(h) The electronics in a high-quality home entertainment system
with the ability to receive and amplify audio frequencies and
reproduce distortion-free sound at all frequencies and levels are
more sophisticated than the electronics in a hearing aid, and cost
significantly less than a typical hearing aid that is sold through an
audiologist.
(i) The manufacturing cost of high-quality integrated circuits for
current hearing aids is less than twelve dollars and fifty cents
($12.50).
(j) A full-page newspaper advertisement in the San Jose Mercury
News on May 1, 2006, offered factory-direct hearing aids, known as
ampli-ear hearing amplifiers, at a cost of thirty-four dollars and
fifty cents ($34.50) per ear, although the quality of this product
has not been evaluated by the State of California.
(k) Hearing aids of the same quality as those hearing aids that
sell for two thousand five hundred dollars ($2,500) per ear can be
produced with replaceable batteries and offered as over-the-counter
products for approximately one hundred dollars ($100) per ear.
SEC. 2. Section 3351.7 is added to the Business
and Professions Code, to read:
3351.7. Notwithstanding any other provision of law, this chapter
shall not prohibit the sale of over-the-counter hearing aid devices
as merchandise by a person who is not licensed pursuant to this
chapter if those sales are authorized under federal law.