“Hearing aid”:
1. Except as otherwise provided in subsection 2, means:
(a) Any device worn by a person who suffers from impaired hearing for the purpose of amplifying sound to improve hearing or compensate for impaired hearing, including, without limitation, an earmold; and
(b) Any part, attachment or accessory for a device described in paragraph (a).
2. Does not include an over-the-counter hearing aid, as defined in 21 C.F.R. § 800.30.