58-46a-501. Unprofessional conduct.
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Effective 5/6/2026
58-46a-501. Unprofessional conduct.
"Unprofessional conduct" includes:
(1)testing the hearing of a patient for any purpose other than to determine whether a hearing loss will be improved by using a hearing instrument;
(2)failing to make an appropriate referral to a qualified health care provider with respect to a condition a licensed individual detects in a patient if the condition is generally recognized in the profession as one the licensed individual should refer;
(3)designating a hearing instrument for a patient whose hearing will not be sufficiently improved to justify prescribing and selling the hearing instrument;
(4)making false, misleading, deceptive, fraudulent, or exaggerated claims with respect to practice under this chapter and specifically with respect to the benefits of a hearing instrument or the 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 is not led to expect results that cannot be accurately predicted;
(6)failing to provide appropriate follow-up care and consultation with respect to a patient to whom a hearing instrument has been prescribed and sold upon being informed by the patient that the hearing instrument does not produce the results the licensed individual represented;
(7)failing 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;
(8)failing 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 the sale of the hearing instrument;
(9)paying a professional individual any consideration of any kind for referral of a patient;
(10)failing, when acting as a supervising hearing instrument specialist or supervising audiologist, to provide supervision 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 the supervision of a supervising hearing instrument specialist or supervising audiologist in accordance with Section 58-46a-302.5 ;
(12)failing 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 the division determines;
(13)failing to follow the guidelines or policies of the United States Federal Trade Commission in any advertisement;
(14)failing to adhere to the rules and regulations prescribed by the United States Food and Drug Administration as the rules and regulations pertain to the hearing instrument specialist;
(15)failing to maintain all equipment used in the practice of a hearing instrument specialist properly calibrated and in good working condition;
(16)failing to comply with any of the requirements set forth in Section 58-46a-502 or 58-46a-503 ;
(17)fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than 18 years old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid; and
(18)fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than six years old.
Amended by Chapter 140 , 2026 General Session