346.110. No person shall:
(1) Sell through the mails, hearing instruments without prior fitting and testing by a hearing instrument specialist licensed under this chapter or an audiologist licensed under chapter 345;
(2) Sell, barter, or offer to sell or barter a license;
(3) Purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to engage in the practice of fitting hearing instruments;
(4) Alter a license with fraudulent intent;
(5) Use or attempt to use as a valid license a license which has been purchased, fraudulently obtained, counterfeited or materially altered;
(6) Willfully make a false statement in an application for license or application for renewal of a license.
(L. 1973 H.B. 396 & 257 § 23, A.L. 1995 S.B. 69, et al., A.L. 2007 H.B. 780 merged with S.B. 308)(2006) Section prohibiting mail order sales of hearing aids without prior fitting and testing is preempted by Medical Devices Amendment to the Food, Drug and Cosmetics Act. Missouri Board of Examiners for Hearing Instrument Specialists v. Hearing Help Express, Inc., 447 F.3d 1033 (8th Cir.).
Missouri General Assembly