58-46a-502.  Additional requirements for practicing as a hearing instrument specialist.
     A person engaging in the practice of a hearing instrument specialist shall:

(1)  have a regular place or places of business from which the person conducts business as a hearing instrument specialist and the place or places of business shall be represented to a patient and others with whom business is conducted by the street address at which the place of business is located;

Terms Used In Utah Code 58-46a-502

  • hearing aid: means any device designed or offered to be worn on or by an individual to enhance human hearing, including the device's specialized parts, attachments, or accessories. See Utah Code 58-46a-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
  • Person: means :Utah Code 68-3-12.5
  • 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
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (2)  include in all advertising or other representation the street address at which the business is located and the telephone number of the business at that street address;

    (3)  provide as part of each transaction between a licensee and a patient related to testing for hearing loss and selling of a hearing instrument written documentation provided to the patient that includes:

    (a)  identification of all services and products provided to the patient by the hearing instrument specialist and the charges for each service or product;

    (b)  a statement whether any hearing instrument provided to a patient is “new,” “used,” or “reconditioned” and the terms and conditions of any warranty or guarantee that applies to each instrument; and

    (c)  the identity and license number of each hearing instrument specialist or hearing instrument intern who provided services or products to the patient;

    (4)  before providing services or products to a patient:

    (a)  advise the patient regarding services and products offered to the patient, including the expected results of the services and products;

    (b)  inform each patient who is being offered a hearing instrument about hearing instruments that work with assistive listening systems that are compliant with the ADA Standards for Accessible Design adopted by the United States Department of Justice in accordance with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.; and

    (c)  obtain written informed consent from the patient regarding offered services, products, and the expected results of the services and products in a form approved by the division;

    (5)  refer all individuals under the age of 18 who seek testing of hearing to a physician or surgeon, osteopathic physician, physician assistant, or audiologist, licensed under the provisions of this title, and shall dispense a hearing aid to that individual only on prescription of a physician or surgeon, osteopathic physician, physician assistant, or audiologist;

    (6)  obtain the patient’s informed consent and agreement to purchase the hearing instrument based on that informed consent either by the hearing instrument specialist or the hearing instrument intern, before designating an appropriate hearing instrument; and

    (7)  if a hearing instrument does not substantially enhance the patient’s hearing consistent with the representations of the hearing instrument specialist at the time informed consent was given prior to the sale and fitting of the hearing instrument, provide:

    (a)  necessary intervention to produce satisfactory hearing recovery results consistent with representations made; or

    (b)  for the refund of fees paid by the patient for the hearing instrument to the hearing instrument specialist within a reasonable time after finding that the hearing instrument does not substantially enhance the patient’s hearing.

    Amended by Chapter 154, 2020 General Session

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