Virginia Law

A. Any individual may apply for a temporary permit, which is to be used solely for the purpose of gaining the training and experience required to become a licensed hearing aid specialist in Virginia. The licensed sponsor must be identified on the application for a temporary permit, and the licensed sponsor must comply strictly with the provisions of subdivisions D 1 and D 2 of this section.

1. A temporary permit will be issued for a period of 18 months. After a period of 18 months, the former temporary permit holder must sit for the examination in accordance with this section.

2. The board may, at its discretion, extend the temporary permit for a temporary permit holder who suffers serious personal illness or injury, a death in the temporary permit holder's immediate family, for obligation of military service or service in the Peace Corps, or for other good cause of similar magnitude approved by the board. Documentation of these circumstances must be received by the board no later than 12 months after the date of the expiration of the temporary permit or within six months of the completion of military or Peace Corps service, whichever is later.

B. A registered apprenticeship under the Virginia Department of Workforce Development and Advancement is held to be a board-approved temporary permit.

C. Every applicant for a temporary permit must provide information upon application establishing that:

1. The applicant for a temporary permit is at least 18 years of age.

2. The applicant for a temporary permit has successfully completed high school or a high school equivalency course.

3. In accordance with § 54.1-204 of the Code of Virginia, each applicant for a temporary permit must disclose the following information regarding criminal convictions in Virginia and all other jurisdictions:

a. Misdemeanor convictions that occurred within three years of the date of application involving sexual offense or physical injury; and

b. Felony convictions involving sexual offense, physical injury, or drug distribution or felony convictions involving the practice of fitting or dealing in hearing aids.

The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where convicted will be admissible as prima facie evidence of such conviction or guilt. The board has the authority to determine, based upon all the information available, including the applicant's record of prior convictions, if the applicant is unfit or unsuited to engage in the hearing aid specialist profession.

4. The applicant for a temporary permit is in good standing as a licensed hearing aid specialist in every jurisdiction where licensed. The applicant for a temporary permit must disclose if the applicant 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, the applicant for a temporary permit must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a hearing aid specialist.

5. The applicant for a temporary permit has disclosed the applicant's physical address and email address. A post office box may be provided as a secondary address.

6. The applicant for a temporary permit has submitted the required application with the proper fee referenced in 18VAC80-20-70 and has 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.

D. The licensed hearing aid specialist who agrees to sponsor the applicant for a temporary permit must certify on the application that as sponsor, the licensed hearing aid specialist:

1. Assumes full responsibility for the competence and proper conduct of the temporary permit holder with regard to all acts performed pursuant to the acquisition of training and experience in the fitting or dealing of hearing aids;

2. Will not assign the temporary permit holder to carry out independent field work without on-site direct supervision by the sponsor until the temporary permit holder is adequately trained for such activity;

3. Will personally provide and make available documentation, upon request by the board or its representative, showing the number of hours that direct supervision has occurred throughout the period of the temporary permit;

4. Will return the temporary permit to the department should the training program be discontinued for any reason; and

5. Will not refer the temporary permit holder for testing until the permit holder has completed at least six months of training under the permit.

E. The licensed sponsor must provide training and must ensure that the temporary permit holder under the licensed sponsor's supervision gains experience that covers the following subjects as they pertain to hearing aid fitting and the sale of hearing aids, accessories, and services:

1. Basic physics of sound;

2. Basic maintenance and repair of hearing aids;

3. The anatomy and physiology of the ear;

4. The function of hearing aids and amplification;

5. Visible disorders of the ear requiring medical referrals;

6. Practical tests utilized for selection or modification of hearing aids;

7. Audiometric testing, including pure tone audiometry, air conduction and bone conduction, speech reception threshold testing, and speech discrimination testing;

8. Masking when indicated;

9. Recording and evaluating audiograms and speech audiometry to determine the proper selection and adaptation of hearing aids;

10. Taking earmold impressions;

11. Proper earmold selection;

12. Adequate instruction in proper hearing aid orientation;

13. Necessity of proper procedures in after-fitting checkup; and

14. Availability of social service resources and other special resources for the hearing impaired.

F. The board may make further inquiries and investigations with respect to the qualifications of the applicant for a temporary permit or require a personal interview.

G. All correspondence from the board to the temporary permit holder not otherwise exempt from disclosure must be addressed to both the temporary permit holder and the licensed sponsor and must be sent to the business address of the licensed sponsor.