Chapter 20. Hearing Aid Specialists Regulations
Part I
Definitions
18VAC80-20-10. Definitions.
A. The following words and terms when used in this chapter have the meanings ascribed to them in § 54.1-1500 of the Code of Virginia:
"Audiologist"
"Board"
"Hearing aid"
"Licensed hearing aid specialist"
"Licensed physician"
"Practice of audiology"
"Practice of fitting or dealing in hearing aids"
"Prescription hearing aid"
"Sell" or "sale"
"Temporary permit"
B. The following words and terms when used in this chapter have the following meanings unless the context clearly indicates otherwise:
"Department" means the Department of Professional and Occupational Regulation.
"Endorsement" means a method of obtaining a license by a person who is currently licensed in another state.
"Hearing aid specialist" means a person who engages in the practice of fitting or dealing in hearing aids.
"Licensed sponsor" means a licensed hearing aid specialist who is responsible for training one or more individuals holding a temporary permit.
"Otolaryngologist" means a licensed physician specializing in ear, nose, and throat disorders.
"Reinstatement" means having a license restored to effectiveness after the expiration date has passed.
"Renewal" means continuing the effectiveness of a license for another period of time.
"Temporary permit holder" means any person who holds a valid temporary permit under this chapter.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 1.1, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-20. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 1.2, eff. August 23, 1995; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
Part II
Entry Requirements
18VAC80-20-30. Basic qualifications for licensure.
A. Every applicant for a license must provide information on an 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 the subjects 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. The function of hearing aids and amplification;
e. Visible disorders of the ear requiring medical referrals;
f. Practical tests utilized for selection or modification of hearing aids;
g. Audiometric testing, including pure tone audiometry, air conduction and bone conduction, speech reception threshold testing, and speech discrimination testing;
h. Masking when indicated;
i. Recording and evaluating audiograms and speech audiometry to determine the proper selection and adaptation of hearing aids;
j. Taking earmold impressions;
k. Proper earmold selection;
l. Adequate instruction in proper hearing aid orientation;
m. Necessity of proper procedures in after-fitting checkup; and
n. 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 and that the applicant has completed at least six months of experience under the temporary permit;
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; or
c. An apprenticeship completion form from the Virginia Department of Workforce Development and Advancement reflecting completion of a registered apprenticeship, including all required related instruction, or an equivalent out-of-state registered apprenticeship.
5. In accordance with § 54.1-204 of the Code of Virginia, each applicant 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.
6. The applicant is in good standing as a licensed hearing aid specialist in every jurisdiction where licensed. The applicant 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 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.
7. The applicant has disclosed the applicant's physical address and email address. A post office box may be provided as a secondary address.
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. 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, which will be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 2.1, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 41, Issue 14, eff. April 28, 2025; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-40. Temporary permit.
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.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 2.2, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 41, Issue 14, eff. April 28, 2025; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-50. Qualifications for licensure by endorsement.
A. Every applicant for Virginia licensure through endorsement who is currently licensed as a hearing aid specialist in good standing in another jurisdiction must provide information upon application establishing that the requirements and standards under which the license was issued are substantially equivalent to and not conflicting with the provisions of this chapter. The applicant must file the application for endorsement with and pay a fee to the board and must successfully complete the specified sections of the examination.
B. Every applicant for Virginia licensure through endorsement that can demonstrate active engagement in the profession for the preceding five years will only be required to take the rules and regulations examination.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 2.3, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-60. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 2.4, eff. August 23, 1995; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.
18VAC80-20-70. Fees.
A. All fees are nonrefundable and shall not be prorated. The date of receipt by the board or its agent is the date that will be used to determine whether or not it is on time.
B. Application and examination fees must be submitted with the application for licensure.
C. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus the additional processing charge established by the department.
The following fees apply:
Application Fee | $125 | To be paid by all applicants for initial licensure |
Temporary Permit Fee | $125 | |
Renewal | $125 | |
Reinstatement | $125 |
D. The written examination fee shall be established in compliance with the Virginia Public Procurement Act (§ 2.2-4300 et seq. of the Code of Virginia). The practical examination fee shall be established by the department that is sufficient to cover expenses for the administration of the examination in compliance with subdivision A 4 of § 54.1-201 of the Code of Virginia.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 2.5, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 19, Issue 25, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 39, Issue 16, eff. May 1, 2023.
18VAC80-20-80. Examinations.
A. All examinations required for licensure must be approved by the board and administered by the board, a testing service acting on behalf of the board, or another governmental agency or organization.
B. The candidate for examination must follow all rules established by the board with regard to conduct at the examination. Such rules include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the board with regard to conduct at the examination will be grounds for denial of the application.
C. Applicants for licensure must pass all examinations, including the written examination, the rules and regulations examination, and the practical examination.
1. The applicant must pass each section of the practical examination administered by the board. Candidates failing one or more sections of the practical examination will be required to retake only those sections failed.
2. Any candidate failing to achieve a passing score on all examinations within two years from the date the board finds the candidate eligible for examination must reapply as a new applicant for licensure and repeat all examinations.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 2.6, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 38, Issue 11, eff. March 7, 2022; Volume 42, Issue 7, eff. December 29, 2025.
Part III
Renewal
18VAC80-20-90. License renewal required.
A. Licenses issued under this chapter will expire two years from the license effective date.
B. The board will send a renewal notice to the licensee. Failure to receive this notice does not relieve the licensee of the obligation to renew. Prior to the expiration date shown on the license, each licensee desiring to renew a license must return to the board the appropriate fee as outlined in 18VAC80-20-70.
C. Any licensee who fails to renew within 30 days after the license expires will be required to apply for reinstatement.
D. The board may deny renewal of a license for the same reasons as the board may refuse initial licensure as set forth in Part II (18VAC80-20-30 et seq.) of this chapter or discipline a licensee as set forth in Part V (18VAC80-20-180 et seq.) of this chapter. The licensee is entitled to a review of such action. Review of such actions will be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 3.1, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-100. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 3.2, eff. August 23, 1995; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-110. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 3.3, eff. August 23, 1995; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-120. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 3.4, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-130. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 3.5, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
Part IV
Reinstatement
18VAC80-20-140. Reinstatement required.
A. If a licensee fails to meet the requirements for renewal and submit the renewal fee within 30 days after the expiration date on the license, the licensee must apply for reinstatement on a form provided by the board.
1. Applicants for reinstatement must submit the required fee referenced in 18VAC80-20-70.
2. Two years after the expiration date on the license, reinstatement is no longer possible. To resume practice as a hearing aid specialist, the former licensee must apply as a new applicant for licensure, meeting all educational, examination, and experience requirements as listed in the regulations current at the time of reapplication.
B. The board may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee is entitled to a review of such action, which will be in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
C. When a license is reinstated, the license will continue to have the same license number and will be assigned an expiration date two years from the previous expiration date of the license, which is the expiration date assigned to all licenses at the time of reinstatement.
D. A licensee who reinstates a license will be regarded as having been continually licensed without interruption. Therefore, the licensee will remain under the disciplinary authority of the board during the entire period and may be held accountable for activities during this period. Nothing in this chapter will divest the board of authority to discipline a licensee for a violation of the law or regulations during the period of licensure.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 4.1, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-150. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 4.2, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-160. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 4.3, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-170. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 5.1, eff. August 23, 1995; repealed, Virginia Register Volume 19, Issue 24, eff. October 1, 2003.
Part V
Standards of Practice and Conduct
18VAC80-20-180. Maintenance of licenses.
A. Notice in writing must be given to the board in the event of any change of business or individual name, address, or email address. Such notice must be sent to the board within 30 days of the change of the name, location, or email address. The board will not be responsible for the licensee's failure to receive notices, communications and correspondence caused by the licensee's failure to promptly notify the board in writing of any change of name or address.
B. All licensees must operate under the name in which the license is issued.
C. All licenses issued by the board must be visibly displayed at each physical site of employment in such a manner that the public can easily read the name of the licensee. If the individual practices at more than one site, a photocopy of the license is acceptable.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.2, eff. August 23, 1995; amended, Virginia Register Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-190. Business records and practice.
A. This section shall apply with reference to the licensee's official records and public access.
B. The licensee shall keep on record with the board the location of the licensee's records, which shall be accessible to the board, with or without notice, during reasonable business hours.The licensee must promptly produce to the board or any of its agents, upon request or demand, any document, book, record, copy thereof in the licensee's possession or control concerning a transaction covered by this chapter or for which the licensee is required to maintain records.
C. The licensee shall be accessible to the public for expedient, reliable and dependable services, and repairs.
Statutory Authority
§§ 54.1-113 and 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.3, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995.
18VAC80-20-200. Documentation provided to each purchaser.
The licensee shall deliver to each purchaser at the time of a repair or service a signed receipt by the licensee or designee and showing:
1. Licensee's business address, license number and business telephone number;
2. The make and model of the hearing aid or equipment to be repaired or serviced and, in addition, serial numbers on models to be repaired and serviced; and
3. The full terms of the transaction clearly stated.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.4, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003.
18VAC80-20-210. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 5.5, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; repealed, Virginia Register Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-220. Purchase agreement.
A. Each hearing aid must be sold through a purchase agreement that must:
1. Show the licensee's business address, license number, business telephone number, and signature;
2. Clearly state, if the hearing aid is not new and is sold or rented, that it is "used" or "reconditioned," whichever is applicable, including the terms of warranty, if any;
3. Identify the brand names and model of the hearing aid being sold, and the serial number of the hearing aid must be provided, in writing, to the purchaser at the time of delivery of the hearing aid;
4. Disclose the full purchase price;
5. Disclose the down payment and periodic payment terms in cases where the purchase price is not paid in full at delivery;
6. Disclose any nonrefundable fees established in accordance with § 54.1-1505 of the Code of Virginia;
7. Explain the provisions of § 54.1-1505 of the Code of Virginia, which entitles the purchaser to return the hearing aid, in 10-point bold face type that is bolder than the type in the remainder of the purchase agreement; and
8. Disclose that the licensee or temporary permit holder is not a physician licensed to practice medicine in Virginia and that no examination or representation made will be regarded as a medical examination, opinion, or advice.
B. Subdivision A 8 of this section will not apply to sales made by a licensed hearing aid specialist who is a physician licensed to practice medicine in Virginia.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.6, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-230. Fitting or sale of hearing aids for children.
A. No child younger than 18 years of age will be initially fitted with a hearing aid or hearing aids unless the licensed hearing aid specialist has been presented with a written statement signed by an otolaryngologist stating the child's hearing loss has been medically evaluated and the child may be considered a candidate for a hearing aid. The medical evaluation must have taken place within the preceding six months.
B. No child younger than 18 years of age will be subsequently fitted with a hearing aid or hearing aids unless the licensed hearing aid specialist has been presented with a written statement signed by a licensed physician stating the child's hearing loss has been medically evaluated and the child may be considered a candidate for a hearing aid. The medical evaluation must have taken place within the preceding six months.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.7, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-240. Physician statement regarding adult client's medical evaluation of hearing loss.
A. Each licensee or holder of a temporary permit, in counseling and instructing adult clients and prospective adult clients related to the testing, fitting, and sale of hearing aids, is required to recommend that the client obtain a written statement signed by a licensed physician stating that the patient's hearing loss has been medically evaluated within the preceding six months and that the patient may be a candidate for a hearing aid.
B. Should the client decline the recommendation, a statement of such declination must be obtained from the client over his signature. Medical waivers that are a part of purchase agreements must be in a separate section, which must be signed by the client indicating the client's understanding of the medical waiver. A separate, additional client signature space must be provided in all purchase agreements for the client to sign acknowledging the client's understanding of the purchase terms and conditions established by 18VAC80-20-200.
1. Fully informed adult patients (18 years of age or older) may waive the medical evaluation.
2. The hearing aid specialist is prohibited from actively encouraging a prospective user to waive a medical examination.
C. The information provided in subsection A of this section must be made a part of the client's record kept by the hearing aid specialist.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.8, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-250. Testing procedures.
It is the duty of each licensee and holder of a temporary permit engaged in the fitting and sale of hearing aids to use appropriate testing procedures for each hearing aid fitting. All tests and case history information must be retained in the records of the specialist. The established requirements are:
1. Air conduction tests are to be made on every client using standard frequencies of 500-1000-2000-4000-6000-8000 Hertz. Intermediate frequencies must be tested if the threshold difference between octaves exceeds 15dB. Appropriate masking must be used if the difference between the two ears is 40 dB or more at any one frequency.
2. Bone conduction tests are to be made on every client using standard frequencies at 500-1000-2000-4000 Hertz. Proper masking is to be applied if the air conduction and bone conduction readings for the test ear at any one frequency differ by 15 dB or if lateralization occurs.
3. Speech testings must be made before fittings and must be recorded with the type of test, method of presentation, and the test results.
4. The specialist must check for the following conditions and, if they are found to exist, must refer the client to a licensed physician unless the client can show that the client's present condition is under treatment or has been treated:
a. Visible congenital or traumatic deformity of the ear.
b. History of active drainage from the ear within the previous 90 days.
c. History of sudden or rapidly progressive hearing loss within the previous 90 days.
d. Acute or chronic dizziness.
e. Unilateral hearing loss.
f. Audiometric air bone gap equal to or greater than 15 dB at 500 Hertz, 1000 Hertz, and 2000 Hertz.
g. Visible evidence or significant cerumen accumulation or a foreign body in the ear canal.
h. Tinnitus as a primary symptom.
i. Pain or discomfort in the ear.
5. All tests must have been conducted no more than six months prior to the fitting.
6. Post-fitting testing must be made and recorded with type of test, method of presentation and the test results.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.9, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-260. Calibration statement required.
A. Audiometers used in testing the hearing impaired must be in calibration.
B. Calibration must be done once a year or more often, if needed.
C. A certified copy of an electronic audiometer calibration shall be maintained for three years and shall be made available to the department upon request.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.10, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003.
18VAC80-20-270. Grounds for discipline.
The board may, in considering the totality of the circumstances, fine any temporary permit holder or licensee or suspend, place on probation, revoke, or refuse to renew any temporary permit or license or deny any application issued under the provisions of Chapter 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia and this chapter. Disciplinary procedures are governed by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Any licensee is subject to board discipline for any of the following:
1. Improper conduct, including:
a. Obtaining, renewing, or attempting to obtain a license by false or fraudulent representation;
b. Obtaining any fee or making any sale by fraud or misrepresentation;
c. Employing to fit or sell hearing aids a person who does not hold a valid license or a temporary permit, or whose license or temporary permit is suspended;
d. Using, causing, or promoting the use of any misleading, deceptive, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, whether disseminated orally or published;
e. Representing that the service or advice of a person licensed to practice medicine or audiology will be used in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, or using the words "physician," "audiologist," "clinic," "hearing service," "hearing center," or similar description of the services and products provided when such use is not accurate;
f. Directly or indirectly giving or offering to give favors, paid referrals, or anything of value to any person who in his professional capacity uses his position to influence third parties to purchase products offered for sale by a hearing aid specialist; or
g. Failing to provide expedient, reliable, or dependable services when requested by a client or client's guardian.
2. Failure to include on the purchase agreement a statement regarding home solicitation when required by federal and state law.
3. Incompetence or negligence, as those terms are generally understood in the profession, in fitting or selling hearing aids.
4. Failure to provide required or appropriate training resulting in incompetence or negligence, as those terms are generally understood in the profession, by a temporary permit holder under the licensee's sponsorship.
5. Violating or cooperating with others in violating any provisions of Chapter 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), or 15 (§ 54.1-1500 et seq.) of Title 54.1 of the Code of Virginia or this chapter.
6. The licensee, temporary permit holder, or applicant has 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 marijuana convictions and misdemeanor convictions involving sexual offense or physical injury that occurred three or more years prior to the date of application, with no subsequent convictions, and all felony convictions involving sexual offense, physical injury, or drug distribution that occurred 10 or more years prior to the date of application with no subsequent convictions, all criminal convictions will be considered as part of the totality of the circumstances of each applicant. Review of prior convictions will be subject to the requirements of § 54.1-204 of the Code of Virginia. Any pleas of nolo contendere will be considered a conviction for the purpose of this subdivision. The record of a conviction authenticated in such form as to be admissible in evidence of the law of the jurisdiction where convicted will be admissible as prima facie evidence of such conviction or guilt.
Statutory Authority
§ 54.1-201 of the Code of Virginia.
Historical Notes
Derived from VR375-01-02 § 5.11, eff. December 4, 1989; amended, Virginia Register Volume 7, Issue 11, eff. March 27, 1991; Volume 8, Issue 6, eff. January 15, 1992; Volume 11, Issue 22, eff. August 23, 1995; Volume 19, Issue 24, eff. October 1, 2003; Volume 33, Issue 9, eff. February 1, 2017; Volume 38, Issue 4, eff. December 1, 2021; Volume 42, Issue 7, eff. December 29, 2025.
18VAC80-20-280. (Repealed.)
Historical Notes
Derived from VR375-01-02 § 5.12, eff. August 23, 1995; repealed, Virginia Register Volume 33, Issue 9, eff. February 1, 2017.
Forms (18VAC80-20)
Hearing Aid Specialist License Application, A440-2101LIC-v13 (rev. 12/2025)
Hearing Aid Specialist Temporary Permit Application, A440-2102TP_PKG-v11 (rev. 12/2025)
Hearing Aid Specialist License Reinstatement Application, A440-2101REI-v6 (rev. 12/2025)
Hearing Aid Specialist Training and Experience Form, A440-21TREXP-v3 (rev. 12/2025)
Hearing Aid Specialist Universal License Application, A440-2101ULR-v2 (rev. 12/2025)