Florida Statutes

Title XXXII Regulation Of Professions And Occupations

Chapter 484 Dispensing Of Optical Devices And Hearing Aids

Part I - Preparing And Dispensing Of Eyeglasses And
Other Optical Devices (ss. 484.001-484.018)

  • §484.001   Purpose; legislative findings; intent.
    (1)  The Legislature finds that the practice of opticianry by unskilled and incompetent practitioners presents a danger to the public health and safety. The Legislature finds...
  • §484.002   Definitions.
    As used in this part: (1)  "Department" means the Department of Health. (2)  "Board" means the Board of Opticianry. (3)  "Opticianry" means the preparation and dispensing of lenses,...
  • §484.003   Board of Opticianry; membership; appointment; terms.
    (1)  The Board of Opticianry is created within the Department of Health and shall consist of seven members to be appointed by the Governor and confirmed...
  • §484.004   Board headquarters.
    The board shall maintain its official headquarters in the City of Tallahassee. History.--ss. 1, 5, ch. 79-275; ss. 2, 3, ch. 81-318; ss. 11, 12,...
  • §484.005   Authority to make rules.
    The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part conferring duties upon it. Such...
  • §484.006   Certain rules prohibited.
    (1)  No rule or policy of the board shall prohibit any optician from offering a discount in any form or manner in conjunction with the practice...
  • §484.007   Licensure of opticians; permitting of optical establishments.
    (1)  Any person desiring to practice opticianry shall apply to the department, upon forms prescribed by it, to take a licensure examination. The department shall examine...
  • §484.008   Renewal of license.
    (1)  The department shall renew a license upon receipt of the renewal application and the fee set by the board not to exceed $350. (2)  The department...
  • §484.009   Inactive status.
    (1)  A license that has become inactive may be reactivated under s. 484.008 upon application to the department. The board shall prescribe by rule continuing education...
  • §484.011   Supportive personnel.
    No person other than a licensed optician may engage in the practice of opticianry, except that a licensed optician may delegate to nonlicensed supportive personnel...
  • §484.012   Prescriptions; filing; duplication of prescriptions; duplication of lenses.
    (1)  Any prescription written by a duly licensed allopathic or osteopathic physician or optometrist for any lenses, spectacles, eyeglasses, contact lenses, or other optical devices shall...
  • §484.013   Violations and penalties.
    (1)  It is unlawful for any person: (a)  To make a false or fraudulent statement, either for herself or himself or for another person, in any application,...
  • §484.014   Disciplinary actions.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Procuring or attempting to procure a license...
  • §484.015   Authority to inspect.
    Duly authorized agents and employees of the department shall have the power to inspect in a lawful manner at all reasonable hours an establishment of...
  • §484.017   Reciprocity.
    In order to ensure that opticians licensed in this state may be licensed in other states, the board may enter into reciprocity agreements with other...
  • §484.018   Exceptions.
    (1)  Nothing in this part shall be construed to prevent a person licensed in this state as a physician or as an optometrist from performing those...

Part II - Fitting And Dispensing Of Hearing Aids (ss. 484.0401-484.059)

  • §484.0401   Purpose.
    The Legislature recognizes that the dispensing of hearing aids requires particularized knowledge and skill to ensure that the interests of the hearing-impaired public will be...
  • §484.041   Definitions.
    As used in this part, the term: (1)  "Board" means the Board of Hearing Aid Specialists. (2)  "Department" means the Department of Health. (3)  "Dispensing hearing aids" means...
  • §484.042   Board of Hearing Aid Specialists; membership, appointment, terms.
    (1)  The Board of Hearing Aid Specialists is created within the Department of Health and shall consist of nine members to be appointed by the Governor...
  • §484.043   Board headquarters.
    The board shall maintain its official headquarters in Tallahassee. History.--ss. 4, 18, ch. 83-153; ss. 1, 7, ch. 84-94; ss. 19, 20, ch. 86-283; s....
  • §484.044   Authority to make rules.
    (1)  The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part conferring duties upon it. (2)  The...
  • §484.0445   Training program.
    (1)  The board shall establish by rule a training program for a minimum 6 months in length, which may include a board-approved home study course. (2)  A...
  • §484.0447   Fees.
    The board shall by rule establish fees to be paid as follows: (1)  Examination application fee, not to exceed $150; (2)  Examination fee, not to exceed $175,...
  • §484.045   Licensure by examination.
    (1)  Any person desiring to be licensed as a hearing aid specialist shall apply to the department on a form approved by the department. (2)  The department...
  • §484.047   Renewal of license.
    (1)  The board by rule shall provide a method for the biennial renewal of a license. (2)  The department shall renew a license upon receipt of the...
  • §484.0501   Minimal procedures and equipment.
    (1)  The following minimal procedures shall be used in the fitting and selling of hearing aids: (a)  Pure tone audiometric testing by air and bone to determine...
  • §484.051   Itemization of prices; delivery of hearing aid; receipt, packaging, disclaimer, guarantee.
    (1)  Prior to delivery of services or products to a prospective purchaser, any person who fits and sells hearing aids shall disclose on request by the...
  • §484.0512   Thirty-day trial period; purchaser's right to cancel; notice; refund; cancellation fee; criminal penalty.
    (1)  A person selling a hearing aid in this state must provide the buyer with written notice of a 30-day trial period and money-back guarantee. The...
  • §484.0513   Cancellation by medical authorization; purchaser's right to return.
    (1)  In addition to any other rights and remedies the purchaser of a hearing aid may have, the purchaser shall have the right to rescind the...
  • §484.053   Prohibitions; penalties.
    (1)  A person may not: (a)  Practice dispensing hearing aids unless the person is a licensed hearing aid specialist; (b)  Use the name or title "hearing aid specialist"...
  • §484.054   Sale or distribution of hearing aids through mail; penalty.
    It is unlawful for any person to sell or distribute hearing aids through the mail to the ultimate consumer. Any violation of this section constitutes...
  • §484.056   Disciplinary proceedings.
    (1)  The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (a)  Violation of any provision of s. 456.072(1),...
  • §484.058   Declaration of place of business; posting of license and notice.
    Each licensee shall declare and establish a regular place of business, at which the licensee's license shall be conspicuously displayed. History.--ss. 17, 20, ch. 86-283;...
  • §484.059   Exemptions.
    (1)  The licensure requirements of this part do not apply to any person engaged in recommending hearing aids as part of the academic curriculum of an...