844 IAC 9-6-2 - Standards of unprofessional conduct
Authority: IC 25-20-1-23
Affected: IC 25-20-1
Sec. 2.
The following acts, if performed by a hearing aid dealer or a student hearing aid dealer, shall constitute grounds for disciplinary action:
(1) Aiding and abetting a
person to fit and/or dispense hearing aids who does not hold a proper
registration or student registration.
(2) Fraudulent billing practices.
(3) Attaching the description "audiologist",
"doctor", "physician", or similar terms or abbreviations to a name indicating
or inducing others to believe that the person is engaged in the practice of
another profession.
(4) Use of any
symbol or depiction which connotes the medical or audiological
profession.
(5) Use of any terms
that could reasonably mislead the public that a private business practice has
some relationship to a governmental or nonprofit medical, educational, or
research institution or entity.
(6)
Use, cause, or promote the use of any advertising media, promotional
literature, testimonial, guarantee, warranty, label, brand, insignia, or any
other representation, however disseminated or published, which is misleading,
deceiving, or untruthful. Included among the foregoing acts are
misrepresentations relating to:
(A) the grade,
quality, quantity, origin, novelty, price, dealer cost, terms of sale, use,
construction, size, composition, dimensions, type, design, development,
visibility, durability, performance, fit, appearance, efficacy, benefits of any
hearing aid, or the psychological well-being induced by a hearing aid;
or
(B) any service or adjustment
offered, promised, or supplied to purchasers of any hearing aid.
(7) Making representations in
advertising or otherwise that a hearing aid is "guaranteed", without clear and
conspicuous disclosure of:
(A) the nature and
extent of the guarantee;
(B) any
material conditions or limitations in the guarantee which are imposed by the
guarantor;
(C) the manner in which
the guarantor will perform thereunder;
(D) the identity, address, and telephone
number of the guarantor, with disclosure, where applicable, that any guarantee
made by the dealer which is not backed up by the manufacturer is offered by the
dealer only; and
(E) the meaning of
"life" or "lifetime" to clarify whether it refers to the life of the purchaser,
the product, or otherwise, whenever representations are made that a hearing aid
is "guaranteed for life" or has a "lifetime guarantee".
(8) Making guarantees, warranties, or any
promises which, under normal conditions, are impractical of fulfillment or
which are for such a period of time or are otherwise of such nature as may have
the tendency to mislead purchasers into the belief that the hearing aid has a
greater degree of serviceability, durability, or performance capability in
actual use than is in fact true.
(9) Advertise a particular model, type, or
kind of hearing aid for sale when purchasers or prospective purchasers
responding to the advertisement cannot purchase or are dissuaded from
purchasing the advertised model, type, or kind, where it is established that
the purpose of the advertisement is to obtain prospects for the sale of a
different model, type, or kind than that advertised.
Notes
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