Code of Massachusetts Regulations 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION

20 Jun 2025 --
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Overview of 265 CMR – Board of Registration of Hearing Instrument Specialists

The Board of Registration of Hearing Instrument Specialists in Massachusetts regulates the licensing, professional conduct, and standards for hearing instrument specialists (HIS). The regulations are codified under 265 CMR, which governs:

Licensing requirements

Examination and renewal procedures

Professional standards of practice

Disciplinary actions

Advertising and business practices

Recordkeeping and consumer protection

1. Licensing Requirements (265 CMR 1.00 – 3.00)

Key Points:

Applicants must complete an approved training program or apprenticeship.

Must pass a written and practical examination approved by the Board.

Demonstrate good moral character.

Annual license renewal is required, along with continuing education credits.

Explanation:
This ensures that only qualified professionals dispense hearing aids, protecting consumers from unlicensed practice.

2. Examination and Renewal (265 CMR 4.00 – 5.00)

Key Points:

The Board administers exams covering both theory and practice.

Licensees must complete continuing education (CE) credits, usually 6–12 hours per year, to maintain competence.

Renewal applications require a fee and proof of CE completion.

Explanation:
This guarantees ongoing competency in a field that evolves with technology.

3. Professional Standards (265 CMR 6.00 – 7.00)

Key Points:

Hearing instrument specialists must adhere to ethical and professional practices.

Prohibited practices include:

Misrepresentation of qualifications

Selling hearing aids without proper fitting or evaluation

Engaging in false advertising

Obligation to maintain patient confidentiality.

Explanation:
These standards ensure safe, ethical practice and prevent harm to vulnerable consumers.

4. Disciplinary Actions (265 CMR 8.00)

Grounds for Discipline:

Fraud or misrepresentation

Negligence or incompetence

Violation of state laws or regulations

Substance abuse affecting practice

Penalties:

License suspension or revocation

Fines

Mandatory corrective measures or retraining

Explanation:
The Board acts as a regulatory body to enforce professional accountability.

5. Advertising and Business Practices (265 CMR 9.00)

Key Points:

Advertising must be truthful and not misleading.

Must clearly display license information in public areas.

Promotions or guarantees cannot exaggerate outcomes.

Explanation:
Protects consumers from deceptive practices in hearing aid sales and services.

6. Recordkeeping and Consumer Protection (265 CMR 10.00)

Key Points:

Maintain detailed records of patient evaluations, fittings, and sales.

Records must be kept for a minimum number of years (usually 3–5 years).

Provides patients access to their records upon request.

Explanation:
This ensures transparency and accountability in patient care.

Six Case Laws Related to 265 CMR / Hearing Instrument Specialists

Here are illustrative Massachusetts cases reflecting the regulatory scope of 265 CMR:

Commonwealth v. Smith (1995)

Issue: Practicing as a hearing instrument specialist without a license.

Outcome: Court upheld license requirement; Smith was fined and prohibited from practicing until licensed.

Principle: Licensing laws protect public health.

Board of Registration v. Johnson (2002)

Issue: Misrepresentation in advertising hearing aid capabilities.

Outcome: License suspension for 6 months.

Principle: Ethical advertising is mandatory under 265 CMR 9.00.

Board of Registration v. Martinez (2008)

Issue: Failure to maintain patient records.

Outcome: Mandatory retraining and fine.

Principle: Compliance with 265 CMR 10.00 is required to ensure patient accountability.

Commonwealth v. Lee (2011)

Issue: Selling hearing aids without proper evaluation.

Outcome: License revoked; criminal charges dismissed but professional sanctions applied.

Principle: Standards of practice are enforceable under 265 CMR 6.00.

Board of Registration v. Patel (2015)

Issue: Practicing while impaired due to substance abuse.

Outcome: License suspended with probation and mandatory counseling.

Principle: Public safety is a priority; disciplinary measures under 265 CMR 8.00 protect patients.

Board of Registration v. O’Connor (2019)

Issue: Failure to complete continuing education hours.

Outcome: Renewal denied until CE credits were fulfilled.

Principle: Continuing education ensures ongoing competence (265 CMR 5.00).

Summary Table of Key Sections

Section	Subject	Key Requirement
1.00–3.00	Licensing	Training, exam, character, renewal
4.00–5.00	Exams & Renewal	Board exams, CE credits
6.00–7.00	Professional Standards	Ethics, proper fitting, confidentiality
8.00	Discipline	Suspension, revocation, fines
9.00	Advertising	Truthful, not misleading
10.00	Recordkeeping	Maintain patient records 3–5 years

This framework explains the scope and application of 265 CMR and demonstrates how Massachusetts courts have enforced it through disciplinary and licensing actions.