Alabama Administrative Code › Title 445 - ALABAMA BOARD OF HEARING INSTRUMENT DEALERS › Chapter 445-X-1 - HEARING INSTRUMENT DEALERS › Section 445-X-1-.07 - Prohibited Acts

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Individuals and businesses who present
			 themselves to the public as hearing aid dispensers, and hearing aid specialist,
			 shall not commit any prohibited or unethical act without being subject to civil
			 or criminal prosecution, administrative penalties, or loss, suspension, or
			 revocation of license.
(2)
			 Unethical and prohibited conduct includes, but is not limited to, the
			 following:
(a) Fraudulent, deceptive, and
			 misleading business practices including:
1.
			 Procurement of a license by fraud or deceit.
2. Purchasing or procuring by barter a
			 license with intent to use as evidence of the holder's qualifications to fit,
			 sell, or service hearing instruments.
3. Selling, bartering, or offering to sell or
			 barter a license.
4. Altering a
			 license without written authorization from the board.
5. Using or attempting to use a license which
			 has been purchased, fraudulently obtained, counterfeited, or altered.
6. Willfully making a false statement on any
			 application for, or renewal of, license.
7. Misrepresentation of goods or services as
			 those of another.
8. Deliberately
			 or willfully misrepresenting or creating a false impression.
9. Causing confusion or misunderstanding as
			 to the source, sponsorship, approval, certification, or licensure of goods and
			 services.
10. Disparaging the
			 goods, services, or business of another by false or misleading representation
			 of fact.
11. Failure to honor the
			 terms of any agreement or bargain reached between a customer and any
			 salesperson, representative, or agent of the licensee when such salesperson,
			 representative or agent is duly authorized to perform or enter into such
			 bargains or agreements on behalf of the licensee.
12. Giving or receiving, directly or
			 indirectly, or offering to give or receive compensation to or from any person
			 who advises another in a professional capacity as an inducement to influence or
			 have such person influence others to purchase or contract for any product sold
			 or offered for sale by a licensee or to influence persons to refrain from
			 dealing in the products of competitors.
13. Knowingly employing, directly or
			 indirectly, any suspended or unlicensed person to perform any services covered
			 by the hearing aid dispensers and hearing aid specialist law or by the rules
			 promulgated herein.
14. Directly or
			 indirectly giving to or receiving from any person or organization any
			 compensation for any professional services not actually rendered.
15. Misrepresentation in the fitting, sale,
			 or servicing of a hearing instrument.
16. Using deceptive representations or
			 designations of geographic origin in connection with goods and
			 services.
17. Unavailability or
			 unwillingness to reasonably provide for service and repair of hearing
			 instruments fitted and sold by that individual or business entity.
18. Aiding or assisting another person in
			 violating any provision of the hearing aid, dispensers, and hearing aid
			 specialist law or the rules promulgated herein.
19. Willfully making or filing false reports
			 or records.
20. Representing that
			 the service of a licensed physician will be used or made available in the
			 fitting, adjustment, maintenance, or repair of hearing instruments when that is
			 not true, or using the words "doctor", "audiologist", "clinician", "clinical
			 audiologist", "licensed hearing instrument audiologist", "state licensed",
			 "state certified", "licensed hearing aid dispenser", balance clinics or any
			 other term, abbreviation, or symbol when it would give the impression that
			 service is being provided by individuals awarded that degree or title, or that
			 the individual or business is holding the appropriate certificate or license
			 from any governmental agency when such is not the case.
21. Dispensing a hearing instrument to any
			 person who has not been examined by a physician or given tests, as specified by
			 the board, within the previous six months to determine candidacy for a hearing
			 instrument, or who has not signed a statement waiving the requirement for such
			 examination.
22. Acceptance of
			 funds or other valuable consideration for payment of goods or services,
			 followed by willful failure to deliver the goods or perform the services as
			 promised.