California Business and Professions Code

§ 2539.4

BPC § 2539.4 Effective Jan 1, 2022Div. 2 · Ch. 5.3 · Art. 9

Statute text

(a)To the extent not inconsistent with federal law, a licensed dispensing audiologist shall, before the consummation of a sale of a hearing aid that uses proprietary programming software or locked, nonproprietary programming software, provide the purchaser with a written notice in 12-point type or larger that states the following: “The hearing aid being purchased uses proprietary or locked programming software and can only be serviced or programmed at specific facilities or locations.” The written notice shall be signed by the purchaser before the sale. The licensed dispensing audiologist shall keep and maintain a copy of the notice in accordance with Section 2539.10.

(1)For purposes of this subdivision, the following definitions apply:

(A)“Proprietary programming software” means software used to program hearing aids that is supplied by a hearing aid distributor or manufacturer for the exclusive use by affiliated providers. This software is locked and inaccessible to nonaffiliated providers.

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Legislative history

Amended by Stats. 2021, Ch. 266, Sec. 3. (AB 435) Effective January 1, 2022.