Buying hearing aids can be a significant investment—not only financially, but also in your health and quality of life. Florida law includes important consumer protections designed to help ensure that people purchasing prescription hearing aids receive appropriate testing, properly selected and fitted devices, accurate information about what they are purchasing, and access to professional care.

In fact, the Florida Legislature specifically states that dispensing prescription hearing aids requires specialized knowledge and skill and that regulation is necessary to protect the public from both physical and economic harm.

One of these protections may surprise many Florida consumers:

Florida law prohibits prescription hearing aids from being sold or distributed through the mail directly to the ultimate consumer.

Under Florida Statute §484.054, it is unlawful for a person to sell or distribute prescription hearing aids through the mail to the ultimate consumer. A violation is a second-degree misdemeanor.

This requirement is more than a restriction on how a product is delivered. It is part of a larger set of protections surrounding the evaluation, selection, fitting and purchase of prescription hearing aids.

Hearing Aids Are Not Simply an Off-the-Shelf Product

Prescription hearing aids may look similar on the outside, but what is inside matters.

Two hearing aids with nearly identical cases can contain different technology, features and levels of performance. To the average consumer, it may be extremely difficult to look at a hearing aid and determine exactly which technology was provided.

Florida law provides an important safeguard. When a prescription hearing aid is delivered, the seller must provide a receipt containing information including the brand, model, manufacturer or manufacturer identification code, serial number and amount charged. The receipt must also identify whether the hearing aid is new, used or rebuilt and provide information about the guarantee.

These requirements create accountability and help consumers document exactly what they purchased.

This is particularly important when purchasing sophisticated hearing technology. Without proper documentation and a reputable licensed professional standing behind the purchase, a consumer may have difficulty determining whether the device received is actually the technology level or product for which they paid.

Your Hearing Should Be Properly Evaluated

Prescription hearing aids should not be selected simply because someone reports that they “can’t hear well.”

Florida law establishes minimum procedures for fitting and selling prescription hearing aids. These include pure-tone testing by air and bone conduction to determine the type and degree of hearing loss, as well as additional testing when appropriate.

The law also calls for testing that helps determine speech reception thresholds, speech discrimination, comfortable listening levels and uncomfortable loudness levels. These measurements provide information that helps the hearing professional select an appropriate fitting arrangement for the individual.

In other words, prescription hearing care is intended to be personalized to the patient’s hearing, rather than treating hearing aids as a one-size-fits-all consumer product.

Someone Needs to Look in Your Ears Before Being Fitted with Hearing Aids

A hearing test tells us how you hear. It does not tell us everything about the physical condition of your ear.

Florida law requires inspection of the ear canal with an otoscope as part of the prescription hearing aid fitting process. If the inspection or the patient’s history reveals a recent infection or an observable abnormality, the patient must be instructed to see a physician, and the prescription hearing aid cannot be fitted until appropriate medical clearance is obtained for the condition identified.

That is an important health safeguard.

An online transaction alone cannot physically inspect your ear canal or eardrum. An in-person examination may identify something that should receive medical attention before proceeding with a prescription hearing aid.

The goal isn’t simply to sell someone a device. It is to help make sure the person is an appropriate candidate for hearing aid fitting and that potential medical concerns are not overlooked.

Proper Fitting of Hearing Aids Matter

Even an excellent hearing aid can provide poor results if it is not selected, programmed or fitted appropriately.

Florida law requires a final fitting that ensures the physical and operational comfort of a prescription hearing aid.  Part of the fitting process is measuring the length of ear for a properly fitted receiver wire and observing the size of the ear canal opening for a properly fitted dome.  This process simply cannot be done by the end user at home.

Hearing loss varies considerably from person to person. The hearing aid needs to be selected and adjusted according to the individual’s hearing needs, comfort and ability to understand speech.

Professional care also provides something a box arriving at the front door cannot: a relationship with a hearing care provider who can evaluate problems, make adjustments, answer questions and help the patient adapt to amplification.

Florida Law Also Protects Your Purchase of Hearing Aids

Florida’s consumer protections continue after the hearing aids are selected.

A person selling a prescription hearing aid in Florida must provide written notice of a 30-day trial period and money-back guarantee, subject to the terms and conditions established under Florida law.

Florida law also requires detailed information on the sales receipt, including information about the seller and the hearing aids themselves. Consumers are also given information about contacting the Florida Department of Health if a complaint concerning the prescription hearing aid or its guarantee cannot be resolved with the licensee.

Together, these requirements give consumers important documentation and recourse if something goes wrong.

Florida Law Protects Hearing Aid Consumers

Florida’s hearing aid laws recognize something hearing care professionals understand very well: better hearing involves more than buying a piece of technology.

The law establishes safeguards intended to protect consumers through appropriate hearing evaluation, examination of the ear canal, proper selection and fitting of prescription hearing aids, documentation of exactly what was purchased, a trial period, and access to a licensed professional who can provide ongoing care.

These protections can also reduce the consumer’s risk of paying for one level of hearing aid technology and receiving something different, receiving an inappropriate device, overlooking a condition requiring medical attention, or being left without adequate professional support after the purchase.

When considering prescription hearing aids in Florida, consumers should work with a properly licensed hearing healthcare professional and know exactly what they are purchasing.

Florida law protects consumers—and informed consumers are better equipped to protect themselves.

Have you been wronged by a company illegally selling hearing aids online? Click here to make a report to the Florida Department of Health.

This information is provided for consumer education and is not intended as legal advice. Hearing aid laws and regulations may change. Consumers and professionals should consult the current Florida Statutes and applicable regulations for specific legal requirements.