Hearing instrument specialists, often called hearing aid specialists or hearing aid dispensers, fit and sell hearing aids in clinics, audiology practices, and retail stores. Most states still require a license for this work even though the Food and Drug Administration now allows some hearing aids to be sold directly to consumers without a prescription, exam, or fitting by a licensed professional. Employers hiring into this role still need to understand both the state licensing rule and what a background check can and cannot tell them.
What changed under the FDA’s over the counter hearing aid rule
The FDA created a category of over the counter, or OTC, hearing aids intended for adults with perceived mild to moderate hearing loss. The regulation defining this device category sits in the federal rules governing hearing aid devices, and it specifically allows these products to be sold without the involvement of a licensed hearing aid dispenser, audiologist, or physician. The rule text and the device requirements are published at 21 CFR 800.30 on the Electronic Code of Federal Regulations, and the underlying final rule, including the agency’s reasoning and the scope of what counts as OTC versus prescription hearing aid, is in the Federal Register notice establishing the OTC hearing aid category.
The OTC category did not eliminate state licensing for hearing instrument specialists. It created a lane for consumers to buy certain devices without a fitting appointment. Prescription hearing aids, custom fittings, real ear measurement, and services for people with more significant hearing loss generally still involve a licensed professional, and the states that license this occupation have not removed their licensing statutes. An employer filling a hearing instrument specialist, hearing aid dispenser, or hearing aid specialist role should assume the state license still applies unless that state’s board says otherwise.
State licensing still applies, and so does a criminal history review
Licensing structure, title, and the criminal history process vary a lot by state. Four examples below were verified directly against the state agency.
| State | Licensing agency | License title | Criminal history mechanism |
|---|---|---|---|
| Texas | Texas Department of Licensing and Regulation | Hearing instrument fitter and dispenser | Applicants with a criminal record can request a Criminal History Evaluation Letter before applying; TDLR publishes its criminal conviction guidelines for how a conviction is weighed against the license |
| Florida | Board of Hearing Aid Specialists (Florida Department of Health) | Hearing aid specialist | Licensure applications run through the board’s licensing process; the Florida Department of Health’s background screening page explains when a criminal history check applies to a health licensure applicant |
| California | Speech Language Pathology and Audiology and Hearing Aid Dispensers Board | Hearing aid dispenser | Applicants must submit to fingerprinting as a condition of licensure; the board’s fingerprinting requirements page and its arrests, convictions, and discipline page describe the process and what can affect an application |
| Washington | Washington State Department of Health | Hearing aid specialist | Licensed through the hearing aid specialist credential page; the department’s general fingerprint background check page notes that most applicants do not need a fingerprint based check, but it is required for some applicants, including those with an out of state license or a criminal history in Washington |
Other states run their own boards or fold hearing aid dispensing into a broader health licensing agency, and the requirements differ from state to state. An employer should not assume a candidate’s license is transferable or that the criminal history rule in one state applies in another. Where a state’s board does not publish a specific criminal history standard for this occupation, the honest answer is that the rule varies, and an employer should check that state’s current board page rather than guess.
What a state criminal history review actually looks at
A state licensing board’s criminal history review is not the same thing as an employer’s background check. The board is deciding whether to issue or renew a license, and it typically looks at the nature of a conviction, how long ago it occurred, and whether it relates to fitting a medical device and handling patient information. Texas publishes written guidelines on which convictions it considers related to the license, and lets an applicant request an evaluation before paying exam fees. California requires fingerprinting through state and federal criminal databases as part of the application. These are licensing decisions, not a substitute for an employer’s own screening of a specific candidate.
Why employers still screen hearing aid specialists directly
Hearing instrument specialists work in close physical contact with patients, often including older adults and people with cognitive or physical vulnerabilities. Many positions are in retail settings, big box hearing centers, or multi location clinics where the employer, not the state board, is responsible for day to day hiring decisions. A valid state license confirms a candidate met the board’s requirements at the time of licensure. It does not tell an employer whether that candidate has a more recent arrest, a conviction in a state where they were not previously licensed, or a disqualifying record under the employer’s own hiring policy.
A reasonable screening approach for this role generally includes verifying the state license is active directly with the issuing board, a criminal history check appropriate to the jurisdictions where the candidate has lived or worked, and a check of any exclusion or disciplinary databases the employer already uses for other clinical staff. If the role includes home visits or driving between retail locations, a motor vehicle record check may also be appropriate. Drug testing policies vary by employer and state law and should be applied consistently across similar roles.
Employer FCRA duties when using a background check
When an employer orders a background check on a hearing aid specialist candidate or employee through a consumer reporting agency, the Fair Credit Reporting Act sets out specific steps. The employer must provide a clear, standalone disclosure that a background check will be obtained, and get the applicant’s written authorization before ordering it. The Federal Trade Commission’s guidance for employers, Using Consumer Reports: What Employers Need to Know, walks through these obligations in plain language, and the Consumer Financial Protection Bureau’s explanation of the FCRA covers the same framework from the consumer side.
If the employer is considering not hiring, or taking adverse action against, a current employee based partly or fully on the report, the FCRA requires a pre-adverse action notice with a copy of the report and the Summary of Rights, a reasonable amount of time for the candidate to respond, and then a separate adverse action notice if the employer proceeds. A background check does not automatically disqualify a candidate, and state law and the standard seven year reporting window for many types of records vary, so an employer should not assume a report will always surface every past record. When a criminal record does appear, the Equal Employment Opportunity Commission’s guidance on arrest and conviction records in employment decisions explains how employers may be able to weigh the nature of the offense, the time that has passed, and its relationship to the job, generally on an individualized basis rather than through a blanket exclusion.
Frequently asked questions
Does the FDA’s over the counter hearing aid rule mean hearing aid specialists no longer need a state license?
No. The OTC category lets adults with perceived mild to moderate hearing loss buy certain hearing aids without a fitting by a licensed professional. States that license hearing instrument specialists, hearing aid dispensers, or hearing aid specialists have kept those licensing requirements for prescription devices, custom fittings, and the broader scope of the occupation.
Do all states require fingerprinting for a hearing aid dispenser license?
It varies by state. California requires fingerprinting as part of licensure. Washington requires a fingerprint based check for some applicants, such as those with an out of state license or a criminal history in Washington, but says most applicants do not need one. Texas allows applicants to request a criminal history evaluation before applying rather than requiring fingerprinting up front for every applicant. Check the specific state board for the current rule.
Can an employer rely on the state license instead of running its own background check?
A state license confirms the candidate met that board’s requirements at the time of licensure. It is not a substitute for an employer’s own screening, which can cover more recent records, other jurisdictions, and factors specific to the employer’s own hiring standards.
What does an employer have to do before running a background check on a hearing aid specialist candidate?
Under the FCRA, the employer must give the candidate a clear, standalone disclosure and get written authorization before ordering a consumer report. If the employer later considers an adverse decision based on the report, it must send a pre-adverse action notice with the report and Summary of Rights, then a separate adverse action notice if it proceeds.
If a candidate has a past conviction, does that automatically disqualify them from a hearing aid specialist job?
Not automatically. State boards generally publish criteria for weighing a conviction against the license, and EEOC guidance describes an individualized assessment approach that may consider the nature of the offense, how much time has passed, and its relationship to the job, rather than a blanket exclusion.
Where should an employer check a candidate’s hearing aid specialist license?
Directly with the issuing state board or health department, such as the Texas Department of Licensing and Regulation, the Florida Board of Hearing Aid Specialists, the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board, or the Washington State Department of Health, depending on where the candidate is or was licensed.
Hiring teams covering related roles may also find these useful: our guide to speech language pathologist background check requirements, which covers a related licensing board in several states, and our overview of which background checks are right for retail businesses, relevant for hearing aid specialists hired into retail store locations. For FCRA-compliant screening built for employers, see Reveal Background.
This article is general information, not legal advice. Employers should confirm current licensing and criminal history rules with the applicable state board and consult qualified counsel on FCRA, EEOC, and state hiring compliance questions specific to their situation.
