18VAC80-20-30. Basic Qualifications for Licensure.
A. Every applicant for a license shall provide information on his application establishing that:
1. The applicant is at least 18 years of age.
2. The applicant has successfully completed high school or a high school equivalency course.
3. The applicant has training and experience that covers the following subjects as they pertain to hearing aid fitting and the sale of hearing aids, accessories, and services:
a. Basic physics of sound;
b. Basic maintenance and repair of hearing aids;
c. The anatomy and physiology of the ear;
d. Introduction to psychological aspects of hearing loss;
e. The function of hearing aids and amplification;
f. Visible disorders of the ear requiring medical referrals;
g. Practical tests utilized for selection or modification of hearing aids;
h. Pure tone audiometry, including air conduction, bone conduction, and related tests;
i. Live voice or recorded voice speech audiometry, including speech reception threshold testing and speech discrimination testing;
j. Masking when indicated;
k. Recording and evaluating audiograms and speech audiometry to determine the proper selection and adaptation of hearing aids;
l. Taking earmold impressions;
m. Proper earmold selection;
n. Adequate instruction in proper hearing aid orientation;
o. Necessity of proper procedures in after-fitting checkup; and
p. Availability of social service resources and other special resources for the hearing impaired.
4. The applicant has provided one of the following as verification of completion of training and experience as described in subdivision 3 of this subsection:
a. A statement on a form provided by the board signed by the licensed sponsor certifying that the requirements have been met; or
b. A certified true copy of a transcript of courses completed at an accredited college or university, or other notarized documentation of completion of the required experience and training.
5. The applicant has not been convicted or found guilty of any crime directly related to the practice of fitting or dealing in hearing aids, regardless of the manner of adjudication, in any jurisdiction of the United States. Except for misdemeanor convictions that occurred five or more years prior to the date of application, with no subsequent convictions, all criminal convictions shall be considered as part of the totality of the circumstances of each applicant. The applicant review of prior convictions shall be subject to the requirements of § 54.1-204 of the Code of Virginia. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction or guilt.
6. The applicant is in good standing as a licensed hearing aid specialist in every jurisdiction where licensed. The applicant must disclose if he has had a license as a hearing aid specialist that was suspended, revoked, or surrendered in connection with a disciplinary action or that has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. At the time of application for licensure, the applicant must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a hearing aid specialist. The applicant must also disclose whether he has been previously licensed in Virginia as a hearing aid specialist.
7. The applicant has disclosed his physical address. A post office box is not acceptable.
8. The nonresident applicant for a license has filed and maintained with the department an irrevocable consent for the department to serve as service agent for all actions filed in any court in Virginia.
9. The applicant has submitted the required application with the proper fee as referenced in 18VAC80-20-70 and signed, as part of the application, a statement that the applicant has read and understands Chapter 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia and this chapter.
B. The board may make further inquiries and investigations with respect to the qualifications of the applicant or require a personal interview or both. The board may refuse initial licensure due to the applicant's failure to comply with entry requirements. The licensee is entitled to a review of such action. Appeals from such actions shall be in accordance with the provisions of the Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
§ 54.1-201 of the Code of Virginia.
Derived from VR375-01-02 § 2.1, eff. December 4, 1989; amended, Volume 07, Issue 11, eff. March 27, 1991; Volume 08, Issue 06, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 09, eff. February 1, 2017.
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