By Yasmin Madjidi
On October 16, 2024, the Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board (SLPA) provided notice of a second modified text to amend section 1399.127 of Article 5 of Division 13.3 of Title 16 of the California Code of Regulations (CCR) relating to hearing aid dispensing advertising. According to the June 22, 2023, initial statement of reasons, the amendments clarify that anyone licensed to dispense hearing aids can advertise the fitting and selling of hearing aids in accordance with Business and Professions Code section 651 and CCR section 1399.127 so long as it does not promote the unnecessary use of such goods or services. The amendments specify the information required in advertisements, outline prohibited assertions in advertisements, and require disclosure of all additional charges associated with the purchase of hearing aids. The Board proposed this regulation in response to inquiries regarding the lack of clarity with advertising regulations for hearing aid dispensing.
The Board published its initial notice to commence rulemaking on July 31, 2023, and held an initial 45-day public comment period on November 17, 2023, through January 3, 2024. The Board held a teleconference public hearing on March 1, 2024. The Board received one comment noting that including the additional requirements under the proposed changes may take up costly space when advertising through forms like television, which have limited time or space for advertisements.
On March 1, 2024, the Board issued a notice of availability of modified text and modified regulatory language, and commenced a 15-day public comment period from March 8, 2024, through March 25, 2024. The modification added language so the advertising required information may instead be provided on an internet website if the website address is included in the advertising.
The new comment period for the most recent amendments must be submitted between October 16, 2024, through October 31, 2024. If approved, the regulation will go into effect on January 1, 2025.