In recent times, there has been a growing demand for direct patient access to affordable hearing aids. Given the high cost of hearing devices, many individuals seek more accessible options for purchasing hearing aids.
With the advent of the internet and online hearing aid sales platforms, the sale of hearing aids online and through mail, orders has become more prevalent. This article will delve into the legality of internet sales of hearing aids and explore the pivotal court decisions that have shaped the landscape of this industry.
The Evolution of Online and Mail Order Hearing Aid Sales
Lloyds Hearing Aids of Rockford, Illinois, and Hearing Help Express of DeKalb, IL, were among the pioneers of mail-order hearing aid sales. These companies have been successfully selling hearing aids through mail orders for several decades. In 2006, HearSource.com took this trend one step further by offering personal programmable hearing aids online, complete with remote programming, support, and adjustments.
Currently, internet hearing aid sales are synonymous with previous mail-order sales. As technology and marketing trends matured, many early mail-order companies transitioned to online platforms. Consequently, conducting a simple online search for “hearing aids” will yield numerous choices for hearing aid providers.
Attempts to Regulate Internet/Mail Order Hearing Aid Sales
To protect in-state audiologists and dispensers, some states made efforts to ban the sale of hearing aids online and through the mail. These state laws aimed to restrict consumers’ access to hearing aids exclusively to state-licensed providers. However, such efforts were challenged in a significant court case in 2006.
Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express
The 2006 case of “Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express” became a landmark decision concerning the legality of internet/mail-order hearing aid sales. The 8th Circuit Court of Appeals was tasked with reviewing a lower federal district court’s decision, which had initially prevented Hearing Help Express from selling hearing aids to residents of Missouri.
The 8th Circuit Court of Appeals eventually reversed the district court’s ruling, declaring the Missouri state law invalid. The basis for this decision was that the state law was preempted by the federal Medical Devices Amendment (MDA) to the Food, Drug, and Cosmetics Act, 21 U.S.C. §360(k).
The Preemption and Federal Regulations
According to the Federal Medical Devices Amendment, no state can establish any requirement that is different from or in addition to the requirements applicable under federal law. This includes matters related to the safety, effectiveness, or any other aspect of the device. Under federal law, an adult patient who wishes to purchase a hearing aid has the option to either undergo an auditory evaluation or execute a signed waiver before making the purchase. In essence, an auditory examination is not mandatory before buying a hearing aid under federal regulations.
The Missouri state law, on the other hand, mandated audiologic fitting and testing by a hearing instrument specialist (or audiologist) before a patient could purchase a hearing aid. By making acts that were permitted under federal law mandatory under state law, the Missouri statute was deemed to be in conflict with the federal regulations and therefore unenforceable.
Implications of the Court Decision
The 8th Circuit Court of Appeals’ decision held that adult patients have the right to purchase hearing aids without audiologist fitting or testing, and companies have the freedom to sell devices online, via the Internet or mail, without state interference. This decision has significant implications for the hearing aid industry, as it has solidified the legality of internet/mail-order hearing aid sales.
Professional Hearing Aids Online Sales
With the legal hurdles out of the way, consumers now have the option to obtain high-quality, affordably priced name-brand and Over-The-Counter (OTC) hearing aids through online providers. It is essential, however, to distinguish between professional online hearing aid providers and non-professional sources like eBay.
Reputable online hearing aid providers, such as HearSource, offer new premium brand-name hearing aids with full manufacturer warranties at significantly lower prices compared to local providers. Moreover, these professional providers prioritize customer care and support, ensuring that customers can receive assistance and adjustments from anywhere in the world.
Conclusion
In conclusion, the sale of hearing aids online and through mail order is legal and has been upheld by the courts. The pivotal 2006 court decision in “Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express” affirmed the right of adult patients to purchase hearing aids without audiologic fitting or testing, paving the way for the growth of the online hearing aid industry. With reputable providers offering high-quality products and excellent customer support, internet sales of hearing aids have become a viable and affordable option for many individuals seeking hearing solutions.
FAQs
Are internet sales of hearing aids safe?
Yes, internet sales of hearing aids conducted by reputable and professional providers are safe. These providers offer high-quality, name-brand hearing aids with full manufacturer warranties.
Can I get support and adjustments for my online-purchased hearing aids?
Absolutely! Reputable online hearing aid providers like HearSource offer support and adjustments for their customers, even if they are located in different parts of the world.
Are hearing aids purchased online cheaper than those from local providers?
Yes, online providers often offer hearing aids at significantly lower prices compared to local providers. This cost difference can be substantial and makes hearing aids more accessible to a broader range of individuals.
Is an auditory examination required before purchasing a hearing aid?
Under federal law, an auditory examination is optional before purchasing a hearing aid. This means that adults have the choice to buy a hearing aid without undergoing an auditory evaluation.
Can I buy hearing aids through the mail?
Yes, hearing aids can be purchased through mail orders from reputable providers, offering a convenient option for many individuals seeking hearing solutions.
