End Dual Licensure for Audiologists.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 654

Short Title: End Dual Licensure for Audiologists. (Public)
Sponsors: Senator Sawrey (Primary Sponsor).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S654-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO MODERNIZE AUDIOLOGY LICENSURE STATUTES BY ELIMINAT ING 2
DUAL LICENSURE REQUI REMENTS AND TO REQUI RE DISCLOSURE TO 3
CONSUMERS WHEN PURCHASING LOCKED HEARING AIDS. 4
Whereas, it is the intention of the North Carolina General Assembly to promote the 5
health and welfare of the citizens of this State; and 6
Whereas, it is the intention of the North Carolina General Assembly to reduce or 7
eliminate regulatory burdens on businesses; and 8
Whereas, it is the intention of the North Carolin a General Assembly that statutes 9
governing the profession of audiology reflect current practices, improvements, and other 10
developments that have occurred in the profession; and 11
Whereas, the current statutory language does not fully encompass current practi ces, 12
improvements, and other developments; Now, therefore, 13
The General Assembly of North Carolina enacts: 14
SECTION 1.(a) Dual Licensure for Audiologists, Audiology Technicians, and 15
Audiology Assistants Ended. – G.S. 93D-14 reads as rewritten: 16
"§ 93D-14. Persons not affected. 17
(a) Nothing in this Chapter shall apply to a physician licensed to practice medicine or 18
surgery in the State of North Carolina. 19
(b) Any person who meets the requirements of having both a doctoral degree in 20
Audiology and holding a vali d permanent unrestricted license as an audiologist audiologist, 21
audiology assistant, or certified technician under Article 22 of Chapter 90 of the General Statutes 22
of North Carolina is exempt from licensure under this Chapter. A person who does not meet both 23
requirements of having a doctoral degree in Audiology and holding a valid permanent license as 24
an audiologist under Article 22 of Chapter 90 of the General Statutes of North Carolina must 25
become a registered apprentice or be licensed by the Board before fitting or selling hearing aids 26
in the State of North Carolina. 27
(c) Nothing in this Chapter shall be construed to exempt an audiology assistant or 28
certified technician, working under the supervision of a licensee or a person exempt from 29
licensure under this Chapter, from being subject to the provisions of this Chapter. Such a person, 30
before engaging in fitting or selling hearing aids, as defined in this Chapter, must be registered 31
as an apprentice under a Registered Sponsor or be licensed by the Board. 32
(d) The provisions of this Chapter shall not apply to the activities and services of an 33
audiology student pursuing a course of study in an accredited college or university, if these 34
activities and services constitute a part of such person's course of study." 35
SECTION 1.(b) Effective date. – This section is effective when it becomes law. 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 654-First Edition
SECTION 2.(a) Locked Hearing Aid Disclosures for Hearing Aid Fitters and 1
Dealers. – Chapter 93D of the General Statutes is amended by adding a new section to read: 2
"§ 93D-7.1. Disclosure of locked hearing aid software; additional disclosures and record 3
keeping. 4
(a) Definitions. – The following definitions apply in this section: 5
(1) Locked hearing aid. – A hearing aid that uses either proprietary programming 6
software or loc ked, nonproprietary programming software that restricts 7
programming or servicing of the device to specific facilities or providers 8
(2) Locked, nonproprietary programming software. – Software that any provider 9
or seller can render inaccessible to other hearing aid programmers. 10
(3) Proprietary programming software. – Software used to program hearing aids 11
that is supplied by a hearing aid distributor or manufacturer for exclusive use 12
by affiliated providers or sellers. This software is locked and inaccessible to 13
nonaffiliated providers or sellers. 14
(b) Disclosure of Locked Programming Software. – To the extent not inconsistent with 15
federal law, any person licensed under this Chapter who sells locked hearing aids shall, before 16
consummating the sale of any locked hearing aid, provide the purchaser with a written notice, in 17
12-point type or larger, stating: 18
"The hearing aid being purchased uses proprietary or locked programming software and can 19
only be serviced or programmed at specific facilities or locations." 20
The purchaser shall sign the notice prior to sale completion. The seller shall retain a copy of 21
the signed notice for at least seven years, subject to the conditions of subsection (d) of this section. 22
(c) Written Receipt of Sale. – Upon consummation of a sale of a locked hearing aid, in 23
addition to complying with G.S. 93D-7, the licensee shall deliver to the purchaser a written 24
receipt signed by or on behalf of the licensee, containing all of the following information: 25
(1) The date of consummation of the sale. 26
(2) The make, model number, and serial number of the hearing aid sold. 27
(3) Whether the hearing aid is new, used, or reconditioned. 28
(4) The licensee's name and license number, and the name and license number of 29
any other hearing aid dispenser, apprentice, temporary licensee, or trainee 30
licensee who provided any recommendation or consultation regarding the 31
purchase. 32
(5) The address of the principal place of business of the licensee, and the address 33
and office hours at which the licensee shall be available for fitting or 34
post-fitting adjustments and servicing of the hearing aid sold. 35
(6) The terms of any guarantee or written warranty made to the purchas er with 36
respect to the hearing aid. 37
If multiple locked hearing aids are sold in a single transaction, a single written notice under 38
subsection (b) and a single written receipt under subsection (c) may be used to satisfy the 39
requirements of this section, provided that the required information for each hearing aid sold is 40
clearly documented. 41
(d) Record Keeping. – The licensee shall maintain , for a period of at least seven years 42
after the sale, the following records for each hearing aid sold: 43
(1) A copy of the written notice described in subsection ( b) of this section as 44
signed by the purchaser. 45
(2) A copy of the written receipt described in subsection (c) of this section. 46
(3) The results of any audiologic tests o r measurements performed as part of the 47
fitting and dispensing of the hearing aid or aids. 48
(4) A copy of any written recommendations prepared as part of the fitting and 49
dispensing of the hearing aid or aids. 50
General Assembly Of North Carolina Session 2025
Senate Bill 654-First Edition Page 3
These records shall be kept at the licensee 's principal place of practice and shall be made 1
available for inspection by the Board." 2
SECTION 2.(b) Rulemaking. – The North Carolina State Hearing Aid Dealers and 3
Fitters Board may adopt rules to implement subsection (a) of this section. 4
SECTION 3.(a) Locked Hearing Aid Disclosures for Audiologists. – Article 22 of 5
Chapter 90 of the General Statutes is amended by adding a new section to read: 6
"§ 90-308. Disclosure of locked hearing aid software by audiologists; receipt and record 7
requirements. 8
(a) Disclosure of Locked Programming Software. – To the extent not inconsistent with 9
federal law, a licensed audiologist who engages in the fitting or selling of locked hearing aids, as 10
defined in G.S. 93D-7.1(a)(1), shall, before consummating the sale of any locked hearing aid, 11
provide the purchasing patient with a written notice in at least 12-point type stating: 12
"The hearing aid being purchased uses proprietary or locked programming software and can 13
only be serviced or programmed at specific facilities or locations." 14
This notice must be signed by the purchasing patient prior to sale completion. The audiologist 15
shall retain a copy of the signed notice in the patient's file in addition to the record requirements 16
of subsection (c) of this section. 17
(b) Receipt of Sale. – Upon the consummation of a sale of a locked hearing aid, in 18
addition to complying with G.S. 93D-7, the audiologist shall give the purchasing patient a written 19
receipt, signed by or on behalf of the audiologist, containing all of the following information: 20
(1) The date of consummation of the sale. 21
(2) The make, model, and serial number of the hearing aid sold. 22
(3) Whether the hearing aid is new, used, or reconditioned. 23
(4) The audiologist 's name and license number. If any other hearing care 24
professionals licensed under this Article, such as another audiologist or 25
temporary licensee, provided any recommendation or consultation for the 26
purchase, their name and applicable license number shall also be noted. 27
(5) The address of the principal place of business of the audiologist, and the 28
address and office hours at which the audiologist shall be available for fitting 29
or post-fitting adjustments and servicing of the hearing aid sold. 30
(6) The terms of any guarantee or written warranty made to the purchasing patient 31
with respect to the hearing aid. 32
If multiple locked hearing aids are sold in a single transaction, a single written notice under 33
subsection (a) and a single written receipt under subsection (b) may be used to satisfy the 34
requirements of this section, provided that the required information for each hearing aid sold is 35
clearly documented. 36
(c) Record Keeping. – A licensed audiologist shall maintain, for a period of at least seven 37
years after the sale, the following records for each locked hearing aid transaction: 38
(1) A copy of the written notice described in subsection (a) of this section as 39
signed by the purchasing patient. 40
(2) A copy of the written receipt described in subsection (b) of this section. 41
(3) The results of any audiologic tests or measurements performed as part of the 42
fitting and dispensing of the locked hearing aid or aids. 43
(4) A copy of any written recommendations prepared as part of the fitting and 44
dispensing of the hearing aid or aids. 45
These records shall be kept at the audiologist's principal place of practice and shall be made 46
available for inspection by the Board." 47
SECTION 3.(b) Rulemaking. – The North Carolina Board of Examiners for Speech 48
and Language Pathologists and Audiologists may adopt rules to implement subsection (a) of this 49
section. 50
General Assembly Of North Carolina Session 2025
Page 4 Senate Bill 654-First Edition
SECTION 4. Effective Date. Except as otherwise provided, this act becomes 1
effective October 1, 2025. 2