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Medical Evaluation Waiver

Regulatory Reminder

Persons under age 18 must be referred to a licensed medical physician

Under Oregon law governing the dispensing of hearing aids, persons younger than 18 years of age MUST be referred to a physician.

Oregon Revised Statutes (ORS) 694.142(3) States:

"Within the 90 days prior to fitting or dispensing a hearing aid to a person under 18 years of age, the person receiving the hearing aid must be referred to one of the following licensed medical physicians:

  • (a) An otolaryngologist for examination and for a recommendation of corrective measures that may be required
  • (b) A properly licensed medical physician for like examination and recommendation, or
  • (c) An audiologist licensed by the State of Oregon for an evaluation of the person's hearing and for a recommendation of corrective measures that may be required if the person is also examined by a properly licensed medical physician who gives approval for possible hearing aid use."

 

Federal law {21CFR801.421(2)} takes precedence over ORS 694.142(6), which states that:

"...the person or parent or guardian of the person...." may refuse a medical evaluation by signing a waiver. The "or parent or guardian" in the Oregon statutory language may lead readers to infer that a parent or guardian may sign a medical waiver form to exempt those under age 18 from a medical referral.

 

However, federal law {21CFR801.421(2)} clearly states that only those ages 18 and older may be granted a medical waiver:

"Waiver to the medical evaluation requirements. If the prospective hearing aid user is 18 years of age or older, the hearing aid dispenser may afford the prospective user an opportunity to waive the medical evaluation requirement…."

For More Information

For more information, contact the Health Licensing Office (HLO) at 503-378-8667 or at hlo.info@state.or.us.

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