HOUSE 3rd Reading Unamended April 21, 2016 HOUSE Amended 2nd Reading April 20, 2016Second Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 16-1108.01 Bart Miller x2173 HOUSE BILL 16-1366 HOUSE SPONSORSHIP Primavera, SENATE SPONSORSHIP Steadman, House Committees Senate Committees Public Health Care & Human Services A BILL FOR AN ACT Concerning enhanced protections for purchasers of hearing aids. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill requires the director of the division of professions and occupations in the department of regulatory agencies to adopt rules: Requiring hearing aid providers and audiologists to disclose hearing aid pricing, including the separate prices of any parts, attachments, or accessories to hearing aids and any related services. The rules must require that hearing aid users be permitted to purchase the different components and services involved in hearing aids separately. Requiring hearing aid providers and audiologists to explain to prospective and current hearing aid users the different communication options available via technological advances for different environments used by the hearing aid user. The bill makes the violation of these rules a deceptive trade practice under the "Colorado Consumer Protection Act". Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 6-1-701, amend (2) (a) (I) and add (1) (c.5) and (2) (m) as follows: 6-1-701. Dispensing hearing aids - deceptive trade practices - definitions. (1) As used in this section, unless the context otherwise requires: (c.5) "Locked", in reference to a hearing aid, means that the hearing aid has been programmed or otherwise configured to prevent adjustments or repair by anyone other than the seller or a member of the seller's network. (2) In addition to any other deceptive trade practices under section 6-1-105, a dispenser engages in a deceptive trade practice when the dispenser: (a) Fails to deliver to each person to whom the dispenser dispenses a hearing aid a receipt that: (I) Bears the business address of the dispenser together with specifications as to the make, manufacturer's model number or name, or both, and serial number of the hearing aid furnished and the full terms of the sale clearly stated. If the dispenser dispenses a hearing aid that is not new, the dispenser shall clearly mark on the hearing aid container and the receipt the term "used" or "reconditioned", whichever is applicable, within the terms of the guarantee, if any. (m) If the hearing aid is locked: (I) Fails to so inform a prospective purchaser, orally and in writing, before the prospective purchaser agrees to purchase the hearing aid; or (II) Fails to provide the purchaser with: (A) A listing of sellers or other persons or entities in Colorado who can provide service on the hearing aid; and (B) Steps the purchaser can take to get the hearing aid unlocked. SECTION 2. In Colorado Revised Statutes, 12-5.5-301, add (1.5) and (1.7) as follows: 12-5.5-301. Director - powers - duties - rules. (1.5) The director shall adopt rules requiring licensees to disclose hearing aid pricing, including the price for the hearing aid and an itemized list of attachments, accessories, and services included with the sale of the hearing aid. The rules must also address disclosure of those items or services that require an additional expenditure. (1.7) The director shall adopt rules requiring licensees to explain to prospective and current hearing aid users the different communication and connectivity options available via technological advances for different environments used by the hearing aid user. SECTION 3. In Colorado Revised Statutes, 12-29.9-109, add (1.5) and (1.7) as follows: 12-29.9-109. Director - powers - duties - rules. (1.5) The director shall adopt rules requiring licensees to disclose hearing aid pricing, including the price for the hearing aid and an itemized list of attachments, accessories, and services included with the sale of the hearing aid. The rules must also address disclosure of those items or services that require an additional expenditure. (1.7) The director shall adopt rules requiring licensees to explain to prospective and current hearing aid users the different communication options available via technological advances for different environments used by the hearing aid user. SECTION 4. Act subject to petition - effective date - applicability. (1) This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2016, if adjournment sine die is on May 11, 2016); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2016 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor. (2) This act applies to conduct related to the dispensing of hearing aids on or after the applicable effective date of this act.