Vermont Statutes Title 26 Sec. 3301
Terms Used In Vermont Statutes Title 26 Sec. 3301
- Director: means the Director of the Office of Professional Regulation. See
- Disciplinary action: includes any action taken by an administrative law officer established by 3 V. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Fraud: Intentional deception resulting in injury to another.
- Hearing aid: means an amplifying device to be worn by a person who is hard of hearing to improve hearing, including any accessories specifically used in connection with such a device, but excluding theater- or auditorium-wide-area listening devices, telephone amplifiers, or other devices designed to replace a hearing aid for restricted situations. See
- Hearing aid dispenser: means a person licensed under this chapter to dispense hearing aids. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 3301. Unprofessional conduct of hearing aid dispensers
(a) A licensee shall not engage in unprofessional conduct. When such conduct is committed by an applicant, it shall be grounds for denial of a license.
(b) Unprofessional conduct means the following conduct and conduct set forth in 3 V.S.A. § 129a:
(1) aiding or abetting a person, directly or indirectly, to commit unauthorized practice;
(2) giving, offering to give, or causing to be given, directly or indirectly, money or anything of value to any person who advises another in a professional capacity, as an inducement for the professional to influence others to purchase goods or services from the licensee;
(3) making a representation that is intended or has a tendency to deceive the public, including:
(A) advertising a particular type of hearing aid for sale when such aid is not for sale;
(B) stating or implying that the use of a hearing aid will retard the progression of a hearing impairment; or
(C) misrepresenting the licensee or the licensee’s business by using the word “audiologist” or similar terms if such designation is not accurate;
(4) engaging in any unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453, relating to consumer protection;
(5) using undue influence or coercion in connection with the dispensing of hearing aids;
(6) providing or promoting the sale of goods or services to a person who cannot reasonably be expected to benefit from such services or goods;
(7) willfully failing to honor any representation, promise, agreement, or warranty to a consumer;
(8) failing to make available, upon the request of a person using the licensee’s services, copies of records or documents in the possession or under the control of the licensee, when those records or documents have been prepared in connection with the furnishing of services or goods to the requesting person;
(9) any of the following except when reasonably undertaken in an emergency situation in order to protect life or health:
(A) practicing or offering to practice beyond the scope permitted by law;
(B) accepting and performing occupational responsibilities that the licensee knows or has reason to know the licensee is not competent to perform; or
(C) performing occupational services that have not been authorized by the consumer or his or her legal representative;
(10) discouraging consumers in any way from exercising their right to a refund within a 45-day trial period, unreasonably delaying payment of such refunds as may be due, or deducting amounts from refunds beyond those allowed by law;
(11) failing to inform a consumer prior to sale that a medical evaluation of hearing loss prior to purchasing a hearing aid is in the consumer’s best health interest;
(12) engaging in fraud in connection with any state or federally assisted medical assistance programs.
(c) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may direct the Director to take disciplinary action against a licensed hearing aid dispenser or applicant. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(b), (d); 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 54; 2011, No. 136 (Adj. Sess.), § 1b, eff. May 18, 2012; 2015, No. 38, § 34, eff. Sept. 1, 2015.)