UT Code § 58-46a-501 (2021)
2021 Utah Code|Title 58 - Occupations and Professions|Chapter 46a - Hearing Instrument Specialist Licensing Act|Part 5 - Unprofessional Conduct|Section 501 - Unprofessional conduct.

 Affected by 63I-1-258 on 7/1/2023  Effective 5/12/2020  58-46a-501. Unprofessional conduct.  "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;     (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.    Amended by Chapter 154, 2020 General Session