Request By:
Larry Naiser
Acting Chairman
Kentucky Board for Licensing Hearing Aid Dealers
P.O. Box 456
Frankfort, Kentucky 40601
Opinion
Opinion By: Robert F. Stephens, Attorney General; C. David Clauss, Assistant Attorney General
Your letter of September 18, 1979, addressed to this office, in which letter you inquire as to the legality of a non-resident of Kentucky, who holds no relevant Kentucky license, to advertise a hearing aid service or distributorship in a Kentucky publication, has been referred to me for comment.
The answer to your question is readily apparent from a reading of KRS 334.020 which provides, in pertinent part:
"No person shall engage in the sale of or practice of fitting hearing aids or display a sign or in any other way advertise or represent himself as a person who practices the fitting and sale of hearing aids unless he holds an unsuspended, unrevoked license issued by the board as provided in this chapter. . . ."
Thus it positively appears that a person who is not licensed as a hearing aid dealer in Kentucky may not advertise in Kentucky a hearing aid service or a hearing aid distributorship.