ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend Chapter 40 of Title 28 of the District of Columbia Official Code to expand the
definition of medical clearance to include all licensed physicians, to allow a minor to
receive medical clearance from any licensed physician if the minor has not had a
substantial change in clinical status, and to provide that a registrant may sell a hearing aid
to a person 18 years of age or older and the person may purchase a hearing aid without
having had a medical examination or hearing test evaluation by providing a written
waiver of the examination and evaluation.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Hearing Aid Sales Amendment Act of 2020.
Sec. 2. Chapter 40 of Title 28 of the District of Columbia Official Code is amended as
follows:
(a) Section 28-4001(5) is amended by striking the phrase an otolaryngologist, and
inserting the phrase a licensed physician in its place.
(b) Section 28-4004(a) is amended to read as follows:
(a) No registrant shall fit, offer for sale, or sell a hearing aid to:
(1) A minor under 18 years of age unless, within the preceding 6 months, the
minor has had a hearing test evaluation; and:
(A) Received a medical clearance by an otolaryngologist, which shall be
required for an initial evaluation of hearing loss; or
(B) Received a medical clearance, which indicates there has not been a
substantial change in clinical status.
(2) A person 18 years of age or older unless, within the preceding 6 months, the
person has:
(A) Received a medical clearance and a hearing test evaluation, which
shall be required for an initial evaluation of hearing loss; or
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 ENROLLED ORIGINAL
(B) Signed a waiver form created or approved by the Department of
Health stating that the person:
(i) Has a history of stable hearing loss that does not require
medical management; and
(ii) Has waived having a medical examination and hearing test
evaluation..
Sec. 3. Rules.
The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act,
approved October 21, 1968 (82 Stat. 1204; D.C. Official Code 2-501 et seq.), may issue rules
to implement the provisions of this act.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal
impact statement required by section 4a of the General Legislative Procedures Act of 1975,
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
Sec. 5. Effective date.
This act shall take effect following approval by the Mayor or in the event of veto by the
Mayor, action by the Council to override the veto, a 30-day period of congressional review as
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1), and publication in the District of
Columbia Register.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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