Mo. Code Regs. tit. 20 § 2165-3.030

Current through Register Vol. 50, No. 1, January 2, 2025

Section 20 CSR 2165-3.030 - Medical Clearance and Waivers

PURPOSE: This amendment explains the requirements and responsibilities of licensee's and how a licensee should represent him/herself to the public.

(1) All licensees shall clearly communicate to every purchaser, prior to the purchase, that s/he is not conducting an examination, diagnosis, or prescription by a person licensed to practice medicine in the state of Missouri, and therefore his/her opinions must not be regarded as medical opinion or advice.

(2) It shall be an unfair or deceptive practice for the licensee to misrepresent, either directly or by implication that the services of a physician have been used in the designing or manufacturing of hearing instruments, or in the selection, fitting, adjustment, maintenance, or repair of hearing instruments or ancillary products unless it is true.

(3) A licensee shall not represent, directly or by implication, in any manner as to have the capacity and tendency to mislead prospective purchasers into the belief that justifies disparagement of physicians or any other professional in the medical community.

(4) Should a purchaser refuse to consult a physician after being advised to do so by the licensee, the purchaser must sign a medical waiver, in accordance with federal law, which must be a part of or attached to the purchase agreement.

20 CSR 2165-3.030

AUTHORITY: section 346.115.1(7), RSMo (Cum. Supp. 1996).* This rule originally filed as 4 CSR 165-3.030. Emergency rule filed Oct. 18, 1996, effective Nov. 1, 1996, expired April 29, 1997. Original rule filed Nov. 6, 1996, effective May 30, 1997. Moved to 20 CSR 2165-3.030, effective Aug. 28, 2006.

Amended by Missouri Register February 18, 2020/Volume 45, Number 4, effective 3/31/2020

*Original authority 1973, amended 1981, 1993, 1995.