Maine Revised Statutes Title 32 Sec. 17307 – Denial or refusal to renew license; disciplinary action
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The board has authority to investigate all complaints made to it and all cases of noncompliance with or violation of this chapter. In addition to the grounds enumerated in Title 10, section 8003, subsection 5, paragraph A?1, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5, paragraphs B and C for: [RR 2021, c. 2, Pt. A, §118 (COR).]
1. Unfair and deceptive practices. Engaging in unfair or deceptive practices as defined by the rules established by the board or violating the code of ethics adopted and published by the board, including selling or causing to be sold a hearing aid to a person who has not been given tests such as pure tone, air and bone audiometry or other hearing assessments as determined by the board. The results of these tests must be permanently filed;
[PL 2019, c. 165, §34 (AMD).]
Terms Used In Maine Revised Statutes Title 32 Sec. 17307
- Board: means the Board of Speech, Audiology and Hearing pursuant to section 17201. See Maine Revised Statutes Title 32 Sec. 17101
- Code of ethics: means the code of ethics pertaining to the practices of speech-language pathology, audiology and hearing aid dealing and fitting adopted by the board. See Maine Revised Statutes Title 32 Sec. 17101
- Hearing aid: means a wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments or accessories, including ear molds, but excluding batteries and cords. See Maine Revised Statutes Title 32 Sec. 17101
- Practice of dealing in and fitting of hearing aids: means , but is not limited to, the selection, adaptation or sale of hearing aids, or parts of hearing aids; the testing of hearing by means of an audiometer or equivalent measurement of hearing; the making of impressions for ear molds; and hearing aid orientation that includes instruction in use and care of the instrument, information regarding expectations and limitations, information regarding the availability of additional services to meet associated needs, auditory rehabilitation, communication therapy and additional special counseling services and information regarding follow-up services, malfunctioning of hearing aids, mechanical adjustment or repair or remakes of hearing aids or ear molds. See Maine Revised Statutes Title 32 Sec. 17101
- sale: means a transfer of title or of the right to use by lease, bailment or any other contract, between a licensed hearing aid dealer and fitter or a licensed audiologist and a purchaser, but does not include wholesale transactions. See Maine Revised Statutes Title 32 Sec. 17101
2. Negligence. Incompetence, negligence or neglect in the conduct of the practice of dealing in and fitting of hearing aids, including, but not limited to, the improper fitting of a hearing aid, the sale of a hearing aid to a person with normal hearing, making an ear mold impression or fitting an ear mold without prior inspection of the external ear canal, making an ear mold impression or fitting an ear mold after prior inspection revealed the presence of, or impacted, cerumen in the ear canal, the failure to indicate the need for medical or audiological evaluation when the prospective purchaser’s history reveals a probable risk of disease or progressive hearing impairment, the failure to make the required medical referrals, the incorrect reporting of hearing test results to a person, the failure to be present to fit the final hearing aid in the ear of the purchaser and the tampering with a satisfactorily performing hearing aid owned by a purchaser or potential purchaser to cause that hearing aid to no longer perform correctly; or
[PL 2019, c. 165, §34 (AMD).]
3. Prohibited conduct. A violation of section 17311.
[PL 2019, c. 165, §35 (NEW).]
SECTION HISTORY
PL 2007, c. 369, Pt. C, §3 (NEW). PL 2007, c. 369, Pt. C, §5 (AFF). PL 2019, c. 165, §§34, 35 (AMD). RR 2021, c. 2, Pt. A, §118 (COR).