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
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
Practice of a hearing instrument specialist: means :
(a)
establishing a place of business to practice as a hearing instrument specialist;
(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;
(c)
providing the patient a written statement of prognosis regarding the need for or usefulness of a hearing instrument for the patient's condition;
(d)
prescribing an appropriate hearing instrument;
(e)
making impressions or earmolds for the fitting of a hearing instrument;
(f)
sale and professional placement of the hearing instrument on a patient;
(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;
(h)
necessary intervention to produce satisfactory hearing recovery results from a hearing instrument; or
(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:
(a)
is licensed by and in good standing with the division;
(b)
has practiced full-time as a hearing instrument specialist for not less than two years; and
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.
