State Codes and Statutes

Statutes > Utah > Title-58 > Chapter-46a > 58-46a-502

58-46a-502. Mandatory conditions incident to practice as a hearing instrumentspecialist.
A person engaging in the practice of a hearing instrument specialist shall:
(1) have a regular place or places of business from which the person conducts business asa hearing instrument specialist and the place or places of business shall be represented to a patientand others with whom business is conducted by the street address at which the place of businessis located;
(2) include in all advertising or other representation the street address at which thebusiness is located and the telephone number of the business at that street address;
(3) provide as part of each transaction between a licensee and a patient related to testingfor hearing loss and selling of a hearing instrument written documentation provided to the patientthat includes:
(a) identification of all services and products provided to the patient by the hearinginstrument specialist and the charges for each service or product;
(b) a statement whether any hearing instrument provided to a patient is "new," "used," or"reconditioned" and the terms and conditions of any warranty or guarantee that applies to eachinstrument;
(c) the identity and license number of each hearing instrument specialist or hearinginstrument intern who provided services or products to the patient;
(4) provide services or products to a patient only after the patient has been professionallyinformed with respect to the services, products, and expected results, and informed consent withrespect to the provision of such services or products by a licensee and the expected results isobtained from the patient in writing in a form approved by the division in collaboration with theboard;
(5) refer all individuals under the age of 18 who seek testing of hearing to a physician orsurgeon, osteopathic physician, or audiologist, licensed under the provisions of Title 58, and shalldispense a hearing aid to that individual only on prescription of a physician or surgeon,osteopathic physician, or audiologist;
(6) obtain the patient's informed consent and agreement to purchase the hearinginstrument based on that informed consent either by the hearing instrument specialist or thehearing instrument intern, before designating an appropriate hearing instrument; and
(7) if a hearing instrument does not substantially enhance the patient's hearing consistentwith the representations of the hearing instrument specialist at the time informed consent wasgiven prior to the sale and fitting of the hearing instrument, provide:
(a) necessary intervention to produce satisfactory hearing recovery results consistent withrepresentations made; or
(b) for the refund of fees paid by the patient for the hearing instrument to the hearinginstrument specialist within a reasonable time after finding that the hearing instrument does notsubstantially enhance the patient's hearing.

Enacted by Chapter 28, 1994 General Session