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October 12, 2002

State: Bowling Green man fitting hearing aids illegally

From: Bowling Green Daily News, KY
Oct. 12, 2002

By Robyn L. Minor, rminor@bgdailynews.com -- 270-783-3249

The state contends a Bowling Green businessman is operating in violation of a court order.

In April, the state Board of Speech-Language Pathology and Audiology and the Kentucky Licensing Board for Specialists in Hearing Instruments and Eric W. McDaniel of Professional Hearing Care in Bowling Green entered into an agreed order that McDaniel would not sell and fit hearing aids or practice audiology until he was properly licensed.

“We have information that he is doing fitting and audiology even after the agreed order,” said Nancy Black, director of the Division of Occupations and Professions, which oversees both boards.

But McDaniel said he is only repairing hearing aids – something that does not require a license.

“I’m referring anyone who wants to purchase a hearing aid to other businesses,” McDaniel said.

“I guess that’s where our dispute is,” Black said.

She plans to notify the Franklin Circuit Court judge who issued an injunction against McDaniel that he is in violation of that order.

“He could be held in contempt of court,” she said.

McDaniel, who has been previously licensed for audiology and for fitting hearing aids, said he has tried to get his license for fitting hearing aids back but has hit roadblocks every time it’s come up for a vote.

The main issue, Black said, is that McDaniel has failed to meet state requirements for licensure renewal, including approved continuing education hours.

McDaniel said he did have continuing education hours but “they weren’t what the state wanted.”

He also contends that he has done everything the state has asked of him in trying to get his licensed renewed over the course of two years.

But Black said the question of continuing education still looms.

Because McDaniel has failed to meet state requirements for licensing, Black said, “There is no guarantee he is qualified to offer the services that he continues to offer to the public.”

Black said the agencies want the public to be aware that McDaniel “has not fulfilled the requirements for licensure and continues to practice.”

McDaniel said he still wants to get his license for fitting and selling hearing aids renewed, but has no plans to get a license for audiology.

© Bowling Green Daily News