FDA

The Food and Drug Administration (FDA) regulates the conditions for sale of specific medical devices, including hearing aid devices. These regulations are summarized below:
Summary of FDA Regulations
- Prospective hearing aid users must obtain a medical clearance from a physician (preferably one who specializes in diseases of the ear) prior to being fit with amplification. The medical clearance must have occurred in the last six months. If the prospective user is over 18 years of age, they may waive this medical clearance and, instead, complete a medical waiver. The medical waiver must be in the language provided by the FDA.
- Prospective hearing aid users under the age of 18 years of age obtain a medical clearance from a physician (preferably one who specializes in diseases of the ear) prior to being fit with amplification. The medical clearance must have occurred in the last six months. Neither the child or their parent or guardian may waive this medical clearance requirement.
- Hearing aid users must be provided with the User Instructional Brochure provided by the hearing aid manufacturer. Review of this brochure must take place orally or in the the predominate method of communication used during the sale.
- Medical waivers and medical clearances shall must be retained by the dispenser for a minimum of three years. (Note: HIPAA requires patient medical records be retained for a minimum of six years after the last date of service).
» Read the FDA Sec. 801.421 Hearing aid devices; conditions for sale.
DISCLAIMER: The foregoing information is provided as a resource for our members. It is not intended and should not be construed as an endorsement of any of the vendors or their products or services; as such, ADA makes no warranty whatsoever, either express or implied, including the warranties of merchantability and fitness for a particular purpose regarding any of the products listed above and makes no recommendation as to the accuracy or suitability of the information for your particular situation. ADA members are encouraged to seek legal counsel to ensure compliance and are responsible for their own knowledge of both federal and state policies as it pertains to HIPAA. Neither ADA, nor any of its officers, directors, agents, employees, committee members or other representatives shall have any liability for any claim, whether founded or unfounded, of any kind whatsoever, including, but not limited to, any claim for costs and legal fees, arising from the use of these opinions.




