Kentucky Administrative Regulations › Title 201 - GENERAL GOVERNMENT CABINET › Chapter 7 - Board for Specialists in Hearing Instruments › Section 201 KAR 7:090 - Unethical conduct; code of ethics

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				334.120
NECESSITY, FUNCTION, AND CONFORMITY: This administrative
				regulation is for the purpose of defining unethical conduct as it relates to
				the fitting and sale of hearing instruments. It also establishes a code of
				ethics.
Section 1. Unethical Conduct.
			 The following acts shall be considered to be unethical conduct in the practice
			 of selling and fitting hearing instruments and may subject the licensee or
			 apprentice permit holder to the sanctions set forth by
			 KRS
			 334.120(4):
(1) Any violation of Federal Trade Commission
			 or Food and Drug Administration regulations pertaining to the sale or fitting
			 of hearing instruments;
(2) The
			 obtaining of any fee or the making of any sale by fraud or
			 misrepresentation;
(3) Employing
			 directly or indirectly any suspended or unregistered person to perform any
			 activity covered by this chapter;
(4) Using, causing, or promoting the use of
			 any advertising material, promotional literature, testimonial, guarantee,
			 warranty, label, brand, insignia, or any other representation, however
			 disseminated or published, which is false, misleading, deceptive or
			 untruthful;
(5) Advertising a
			 particular model or type of hearing instrument for sale when purchasers or
			 prospective purchasers responding to the advertisement cannot purchase the
			 advertised model or type, where it is established that the purpose of the
			 advertisement is to obtain prospects for the sale of a different model or type
			 than that advertised;
(6)
			 Advertising professional superiority;
(7) Falsely representing that the service or
			 advice of a person licensed to practice medicine shall be used or made
			 available in the:
(a) Selection;
(b) Fitting;
(c) Adjustment;
(d) Maintenance; or
(e) Repair of hearing instruments, when that
			 is not true;
(8) Using
			 words, abbreviations or symbols which give the impression that service is being
			 provided by persons trained in medicine or audiology when that is not, in fact,
			 true;
(9) Indicating that the
			 licensee's service is state recommended;
(10) Permitting the use of a license by a
			 person other than the licensee;
(11) Advertising a manufacturer's product or
			 using a manufacturer's name or trademark which implies a relationship with the
			 manufacturer that does not exist; or
(12) Claiming an affiliation with a
			 professional association which does not in fact exist or the use of a degree or
			 title not actually earned or held.
(13) Conducting business while suffering from
			 a contagious or infectious disease.
(14) Engaging in the fitting and sale of
			 hearing instruments under a false name, or alias;
(15) Selling a hearing instrument to a person
			 who has not been given tests utilizing appropriate established procedures and
			 instrumentation in fitting of hearing instruments;
(16) Gross incompetence or negligence in
			 fitting and selling hearing instruments;
(17) Failing to comply with:
(a) Any request of the board for
			 information;
(b) An agreed order
			 with the board; or
(c) A directive
			 or order by the board;
(18) Practicing while under suspension or
			 revocation of licensure;
(19)
			 Practicing while under the influence of alcohol or any controlled substance not
			 prescribed by a medical doctor;
(20) Failing to make a refund in a timely
			 manner as set forth by
			 KRS
			 334.210(8);
(21) Failing to fully complete the sales
			 agreement requirements of
			 KRS
			 334.030; or
(22) Violating any of the provisions of KRS
			 Chapter 334 or the administrative regulations promulgated thereunder.