New state regulations take effect June 1 that require a 45-day trial period for purchasers of hearing aids.

The rules were adopted April 16 by the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Board. The measures were pushed by the Hearing Loss Association of Albuquerque, an advocacy group for the hearing-impaired.

Under the new rules, sellers of hearing aids must allow customers a 45-day trial period after the fitting of new or used hearing aids to determine whether the devices are suitable. During the trial period, customers may return the aids for a full refund, less a nominal agreed-to fee.

The revisions also require the sellers to make the refund within 30 days of the return of the hearing aid.

Stephen Frazier, New Mexico coordinator for the Hearing Loss Association of America, said that although many providers have promised customers they can return the hearing aids within 30 days, many have not followed through on their promise or allow customers only to exchange one device for another.

He said many hearing-aid users have complained that "some New Mexico dispensers gave customers verbal assurances that they could return their hearing aids for a refund during the first 30 days but then did not honor that commitment."

Other providers, Frazier said, gave ambiguous written assurances with a 30-day "satisfaction guaranteed" clause in the contract but, when clients attempted to return the hearing aids for a refund, they were told they could exchange the units for a different style or model but could not get their money back.

Frazier said that although there are many competent, compassionate hearing-aid providers, "some just look at these people as an ear, and if they stick something in it they will get money. It's an ongoing problem with some providers."

If providers fail to provide refunds within the 30 days they are subject to fines and other sanctions including being shut down, Frazier said.

He said his advocacy and support group had been attempting to bring the problem to light for years, and finally did when he was appointed a year ago as one of three public members to the regulatory board.

The panel has 10 members — three from the general public, two audiologists, one ear, nose and throat doctor, two speech pathologists and two hearing-aid providers.

The board's mission is to regulate licensing and other matters related to speech-language pathologists, audiologists and hearing-aid providers. Members, appointed by the governor, can serve two three-year terms, or longer if appointed to fill an unexpired term.