State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-46a > 58-46a-501

58-46a-501. Unprofessional conduct.
"Unprofessional conduct" includes:
(1) testing the hearing of a patient for any purpose other than to determine whether ahearing loss will be improved by the use of a hearing instrument;
(2) failing to make an appropriate referral to a qualified health care provider with respectto a condition detected in a patient examined by a licensee under this chapter if the condition isgenerally recognized in the profession as one that should be referred;
(3) designating a hearing instrument for a patient whose hearing will not be sufficientlyimproved to justify prescribing and selling of the hearing instrument;
(4) making false, misleading, deceptive, fraudulent, or exaggerated claims with respect topractice under this chapter and specifically with respect to the benefits of a hearing instrument orthe degree to which a hearing instrument will benefit a patient;
(5) failing to exercise caution in providing a patient a prognosis to assure the patient isnot led to expect results that cannot be accurately predicted;
(6) failing to provide appropriate follow-up care and consultation with respect to a patientto whom a hearing instrument has been prescribed and sold upon being informed by the patientthat the hearing instrument does not produce the results represented by the licensee;
(7) failing to disclose in writing to the patient the charge for all services and hearinginstruments prescribed and sold to a patient prior to providing the services or hearing instrument;
(8) failing to refund fees paid by a patient for a hearing instrument and all accessories,upon a determination by the division in collaboration with the board that the patient has notobtained the recovery of hearing represented by the licensee in writing prior to designation andsale of the hearing instrument;
(9) paying any professional person any consideration of any kind for referral of a patient;
(10) failing, when acting as a supervising hearing instrument specialist, to providesupervision and training in hearing instrument sciences in accordance with Section 58-46a-302.5;
(11) engaging in the practice as a hearing instrument intern when not under thesupervision of a supervising hearing instrument specialist in accordance with Section58-46a-302.5;
(12) failing to describe the circuitry in any advertisement, presentation, purchase, or trialagreement as being either "digital" or "analog"; or other acceptable terms as determined by thedivision in collaboration with the board;
(13) failing to follow the guidelines or policies of the United States Federal TradeCommission in any advertisement;
(14) failing to adhere to the rules and regulations prescribed by the United States Foodand Drug Administration as they pertain to the hearing instrument specialist;
(15) failing to maintain all equipment used in the practice of a hearing instrumentspecialist properly calibrated and in good working condition; and
(16) failing to comply with any of the requirements set forth in Section 58-46a-502 or58-46a-503.

Amended by Chapter 50, 2002 General Session