WILLIAM DONALD SCHAEFER, Governor

Ch. 3

In subsection (a) of this section, the former power to
refuse to renew a license for the specified reasons is
deleted as needless and misleading. Under SG §
10-404, if a licensee makes timely application for
renewal, the license does not expire until the Board
has acted on the application and the time for appeal
has run. Under both SG § 10-405 and this section,
ordinarily the Board must give a licensee an
opportunity for a hearing before taking disciplinary
action under this subtitle. If the Board finds
grounds for disciplinary action, the Board may suspend
or revoke the license, and there is no need for a
power to refuse renewal.

Also in subsection (a) of this section, the former
phrase "if requested by the certificate holder or
applicant" is deleted as surplusage.

Defined terms: "Board" § 8-101
"License" § 8-101

SUBTITLE 4. MISCELLANEOUS PROVISIONS.

8-401. MEDICAL EXAMINATION.

(A)  "MEDICAL EXAMINATION" DEFINED.

IN THIS SECTION, "MEDICAL EXAMINATION" MEANS A HEARING
EXAMINATION OF AN INDIVIDUAL BY AN OTOLARYNGOLOGIST, OTOLOGIST,
OR OTHER PHYSICIAN.

(B)  REQUIRED.

(1)  BEFORE A HEARING AID DEALER PROVIDES HEARING AID
SERVICES TO AN INDIVIDUAL, THE HEARING AID DEALER SHALL DETERMINE
WHETHER THE INDIVIDUAL HAS HAD A MEDICAL EXAMINATION WITHIN THE 6
MONTHS BEFORE THE HEARING AID SERVICE IS TO BE PROVIDED.

(2)  UNLESS A HEARING AID DEALER DETERMINES THAT AN
INDIVIDUAL HAS HAD A MEDICAL EXAMINATION WITHIN THE PERIOD SET
UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE HEARING AID DEALER:

(I)  SHALL GIVE THE INDIVIDUAL A WRITTEN
RECOMMENDATION THAT THE INDIVIDUAL OBTAIN A MEDICAL EXAMINATION;
AND

(II)  EXCEPT AS PROVIDED IN SUBSECTION (C) OF
THIS SECTION, MAY NOT PROVIDE HEARING AID SERVICES TO THE
INDIVIDUAL UNTIL THE INDIVIDUAL PROVIDES TO THE HEARING AID
DEALER SATISFACTORY WRITTEN EVIDENCE THAT THE INDIVIDUAL HAS HAD
A MEDICAL EXAMINATION WITHIN THE 6 MONTHS BEFORE THE HEARING AID
SERVICES ARE PROVIDED.

- 393 -