Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 682 - HEARING INSTRUMENT CONSUMER PROTECTION CODE › Subpart E - ETHICAL PRACTICE › Section 682.500 - Dishonest, Unethical, and Unprofessional Conduct

Current through Register Vol. 48, No. 28, July 12, 2024
Dishonest, unethical, and unprofessional conduct shall
				  include the activities set forth in Section 18 of the Act as well as the
				  following actions:
a) Stating or
				implying, verbally or in writing, that the use of a hearing instrument will
				restore normal hearing, preserve hearing, prevent or retard progression of
				hearing impairment;
b) Physically
				abusing clients;
c) Falsifying
				records;
d) Representing,
				advertising, or implying that a hearing instrument is guaranteed without
				providing full disclosure of the identity of the guarantor and the nature,
				extent, and duration of the guarantee, including the existence of conditions or
				limitations;
e) Using a
				contract/receipt that does not specify the time limit between the signing of
				the contract and the time of the delivery of the hearing instruments, when a
				deposit of $50 or more is given to a licensed hearing instrument
				dispenser/audiologist. The time limit shall not exceed 45 calendar days and
				shall be prominently displayed in 10-point type on the contract/receipt. If the
				hearing instruments are not available for delivery to the consumer/purchaser
				within 45 calendar days after the date that the contract/receipt was signed,
				the consumer/purchaser, in writing, shall be given the opportunity to have all
				of his/her money refunded, less the itemized cost of the examination and/or any
				custom-made parts already received by the licensed hearing instrument
				dispenser/audiologist that had been cost itemized on the contract/receipt when
				it was signed;
f) Representing that
				the service of alicensed physicianwill be used or made available in the
				fitting, adjustment, maintenance or repair of hearinginstrumentswhen that is
				not true, or using the words "doctor", "audiologist", "clinic", "Clinical
				Audiologist", "Certified Hearing Aid Audiologist", "State licensed", "State
				certified", "Hearing Care Professional", "Licensed Hearing Instrument
				Dispenser","Licensed Hearing Aid Dispenser", "Board Certified Hearing
				Instrument Specialist", "Hearing Instrument Specialist","Licensed
				Audiologist",or any other term, abbreviation or symbolthatwould give the
				impression that service is being provided by persons who are licensed or
				awarded a degree or title, or that the person's service who is holding the
				license has been recommended by a governmental agency or health provider,
				whensuchis notthe case (Section 18(u) of the Act);
g) Failing to specify, in any money-back
				guarantee provision contained in a contract/receipt provided to the consumer
				for the sale of a hearing instrument, the duration of the guarantee and the
				maximum amount of time within which money will be refunded after a timely
				request for refund is made; failing to specify in the contract/receipt the
				procedure that must be followed to exercise one's rights under the guarantee;
				and failing to specify and itemize in dollar amounts any and all limitations or
				deductions that will be subtracted from a refund, including, but not limited
				to: testing fees, service charges, custom earmolds, or rental charges for wear
				and tear;
h) Cheating or dishonesty
				by an applicant on the examination, which be considered grounds for automatic
				failure and disciplinary action as specified in Section 18 of the
				Act;
i) Submitting a check to the
				Department or a consumer for payment of fees or a refund when there are
				insufficient funds in the account upon which the check is drawn to cover the
				amount of the check. The return of the check to the endorsee with the
				indication of insufficient funds is evidence that this violation has
				occurred;
j) Dispensing hearing
				instruments without liability insurance;
k) Assigning the financial note for a hearing
				instruments sale to a third party (i.e., finance company) prior to the
				expiration of the 30-business-day trial period; and
l) Failing or refusing to honor any valid
				three-day notice of cancellation on in-home sales by a consumer within 10
				business days after the receipt of the cancellation notice (see Section 28 of
				the Consumer Fraud and Deceptive Practices Act [815 ILCS 505 ]).