Utah Code 58-46a-501. Unprofessional conduct
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“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 the use of a hearing instrument;
Terms Used In Utah Code 58-46a-501
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102 - Hearing instrument intern: means a person licensed under this chapter who is obtaining education and experience in the practice of a hearing instrument specialist under the supervision of a supervising hearing instrument specialist. See Utah Code 58-46a-102
- Licensee: includes any holder of a license, certificate, registration, permit, student card, or apprentice card authorized under this title. See Utah Code 58-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Practice of a hearing instrument specialist: means :
(5)(a) establishing a place of business to practice as a hearing instrument specialist;(5)(b) testing the hearing of a human patient over the age of 17 for the sole purpose of determining whether a hearing loss will be sufficiently improved by the use of a hearing instrument to justify prescribing and selling the hearing instrument and whether that hearing instrument will be in the best interest of the patient;(5)(c) providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;(5)(d) prescribing an appropriate hearing instrument;(5)(e) making impressions or earmolds for the fitting of a hearing instrument;(5)(f) sale and professional placement of the hearing instrument on a patient;(5)(g) evaluating the hearing loss overcome by the installation of the hearing instrument and evaluating the hearing recovery against the representations made to the patient by the hearing instrument specialist;(5)(h) necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or(5)(i) instructing the patient on the use and care of the hearing instrument. See Utah Code 58-46a-102- Supervising hearing instrument specialist: means a hearing instrument specialist who:
(6)(a) is licensed by and in good standing with the division;(6)(b) has practiced full-time as a hearing instrument specialist for not less than two years; and(6)(c) is approved as a supervisor by the division. See Utah Code 58-46a-102- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) failing to make an appropriate referral to a qualified health care provider with respect to a condition detected in a patient examined by a licensee under this chapter if the condition is generally recognized in the profession as one that should be referred;(3) designating a hearing instrument for a patient whose hearing will not be sufficiently improved to justify prescribing and selling of 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 represented by the licensee;(7) failing to disclose in writing to the patient the charge for all services and hearing instruments prescribed and sold to a patient prior to 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 represented by the licensee in writing prior to designation and sale of the hearing instrument;(9) paying any professional person any consideration of any kind for referral of a patient;(10) failing, when acting as a supervising hearing instrument specialist, 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 in accordance with Section 58-46a-302.5;(12) failing to describe the circuitry in any advertisement, presentation, purchase, or trial agreement as being either “digital” or “analog”; or other acceptable terms as determined by the division;(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 they 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; and(16) failing to comply with any of the requirements set forth in Section 58-46a-502 or 58-46a-503. - Practice of a hearing instrument specialist: means :