(1) Practice of ordering the use and fitting of hearing instruments includes the following activities:

(a) Eliciting patient case histories, including medical history, otological history, pharmacological history, amplification history, and patient attitudes and expectations;

(b) Administering otoscopy and, if required, cerumen removal for the purpose of identifying possible otological conditions, including, but not limited to, any of the conditions related to warnings found in the regulations of the federal Food and Drug Administration, 21 C.F.R. 801.422, as such regulations existed on January 1, 2025, which may indicate the need for a medical referral or which may have a bearing on outcomes or recommendations;

(c) Administering and interpreting tests of human hearing performed with an audiometer, including other appropriate objective and subjective methodology and measures, for purposes of ordering and fitting hearing aids;

(d) Determining candidacy for hearing instruments, and discussing the results of a human hearing test with the individual to inform the individual about potential options for addressing the individual's hearing loss, including hearing instruments, hearing-assistive devices, or other medical interventions, and facilitating appropriate referrals, if needed;

(e) Ordering, selecting, or fitting appropriate hearing instruments and assistive devices, including appropriate technology, programming parameters, and special custom earpiece applications, as indicated;

(f) Assessing hearing instrument efficacy utilizing appropriate fitting verification methodology and equipment, which may include real-ear measures or speech mapping, and electroacoustic analysis equipment;

(g) Assessing hearing instrument benefits through appropriate validation measures, which may include communication assessment questionnaires or speech audiometry;

(h)(i) Taking ear impressions or electronic scans by any method used for the purpose of creating earmolds and (ii) preparing earmolds for hearing instruments, assistive devices, telecommunications applications, ear protection, and other related applications;

(i) Ordering and modifying earmolds and auditory equipment, excluding FM transmitters, to meet a patient's needs;

(j) Providing services in the use and care of hearing instruments and assistive devices, including listening strategies and other approaches to foster optimal patient results;

(k) Providing supervision and inservice training of those entering the dispensing profession;

(l) Providing post-fitting care and services and hearing instrument care and repair services; or

(m) Any other act of hearing assessment pertaining to hearing testing, ordering the use of hearing instruments, or the selling, renting, leasing, and delivery of hearing instruments.

(2) Practice of ordering the use and fitting of hearing instruments does not include:

(a) Evaluation, diagnosis, management, or treatment of auditory or vestibular conditions;

(b) Provision of tinnitus evaluation, treatment, or management;

(c) Interpretation of tests of human hearing for any purpose beyond the selection and fitting of hearing aids;

(d) Removal of foreign bodies from the ear; and

(e) Testing and treatment of auditory processing disorders, including the provision of aural rehabilitation or auditory training.