58-41-501. Unprofessional conduct.

697 words·~3 min read·/ut/title-58/chapter-41/58-41-501

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

A licensed individual engages in unprofessional conduct if the individual:

(1)fails to make an appropriate referral to a qualified health care provider with respect to a condition the licensed individual detects in a patient if the condition is generally recognized in the profession as one the licensed individual should refer;

(2)designates a hearing instrument for a patient whose hearing will not be sufficiently improved to justify prescribing and selling the hearing instrument;

(3)makes false, misleading, deceptive, fraudulent, or exaggerated claims with respect to the practice of audiology or the practice of speech-language pathology;

(4)fails to exercise caution in providing a patient a prognosis to ensure the patient is not led to expect results that the individual cannot accurately predict;

(5)fails to provide appropriate follow-up care and consultation with respect to a patient to whom the individual prescribed and sold a hearing instrument after being informed by the patient that the hearing instrument does not produce the results represented by the licensed individual;

(6)fails to disclose in writing to the patient the charge for all services and hearing instruments prescribed and sold to a patient before providing the services or hearing instrument;

(7)fails to refund fees paid by a patient for a hearing instrument and all accessories, upon a determination by the division that the patient has not obtained the recovery of hearing the licensed individual represented in writing before sale of the hearing instrument;

(8)pays a professional individual consideration for referral of a patient;

(9)fails, when acting as a supervising speech-language pathologist or a supervising audiologist, to provide supervision and training;

(10)fails to describe in any advertisement, presentation, purchase, or trial agreement, the circuitry of a hearing instrument as being either "digital" or "analog" or other acceptable terms as the division determines by rule the division makes in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(11)fails to follow the guidelines or policies of the United States Federal Trade Commission in any advertisement;

(12)fails to adhere to the rules and regulations prescribed by the United States Food and Drug Administration as pertaining to a hearing instrument;

(13)fails to keep the equipment used in the practice of speech-language pathology and audiology properly calibrated and in good working condition;

(14)fails to comply with Section 58-41-306 ;

(15)fails to provide as part of each transaction between a licensed individual and a patient related to testing for hearing loss and selling of a hearing instrument, written documentation that includes:

(a)identification of services and products provided to a patient and the charges for each service or product; and

(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 each instrument;

(16)before providing services or products to a patient, fails to:

(a)advise the patient about the expected results of the services and products; or

(b)obtain written informed consent from the patient regarding offered services, products, and the expected results of the services and products in a form the division approves;

(17)fails to obtain the patient's informed consent and agreement to purchase the hearing instrument before designating an appropriate hearing instrument;

(18)if a hearing instrument does not substantially enhance the patient's hearing consistent with the representations of the licensed individual at the time informed consent was given before the sale and fitting of the hearing instrument, fails to provide:

(a)necessary intervention to produce satisfactory hearing recovery results consistent with representations made; or

(b)for the refund of fees the patient paid for the hearing instrument to the licensed individual within a reasonable time after finding that the hearing instrument does not substantially enhance the patient's hearing;

(19)fails to maintain a level of professional practice consistent with all initial and subsequent requirements by which licensure is achieved or maintained under this chapter;

(20)utilizes substandard or inappropriate facilities or equipment; or

(21)treats a disorder for which the licensed individual has not had the necessary training and experience.

Enacted by Chapter 140 , 2026 General Session