Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part III - Prevention of Diseases › Chapter 25 - CONTROLLED SUBSTANCES, DRUGS, DEVICES AND COSMETICS › Subchapter B - HEARING AID SALES AND REGISTRATION › Section 25.215 - Denial, revocation or suspension of registrant's certificate

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary may deny, suspend or revoke a registration
					 certificate provided under the act or the Secretary may impose conditions of
					 probation upon a registrant for any of the following causes:
(1) Gross incompetency which includes the
				  improper or unnecessary fitting of a hearing aid.
(2) Conviction of a felony or misdemeanor
				  involving moral turpitude.
(3)
				  Obtaining a registration certificate by fraud or deceit.
(4) Using the term "doctor" or "physician" or
				  "clinic" or "audiologist" or any derivation thereof as part of the firm name
				  under which the registrant fits and sells hearing aids, unless authorized by
				  law.
(5) Fraud or misrepresentation
				  in the repair, fitting or selling of a hearing aid.
(6) Employing a person to perform a function
				  within the scope of practice of a hearing aid fitter who is not authorized by
				  law to perform the function.
(7)
				  Habitual intemperance.
(8) Gross
				  immorality.
(9) Permitting another
				  person to use the registration certificate for any purpose, except permitting
				  an audiologist or physician employed by the registrant to sell hearing aids for
				  the registrant.
(10) Violating or,
				  with notice or knowledge permitting an employee to violate, the act or this
				  subchapter.
(11) A cause which
				  would be a ground for denial of an application for a registration
				  certificate.
(12) Having been
				  enjoined from violating a provision of the Unfair Trade Practices and Consumer
				  Protection Law (73 P. S. §§
											201-1-209-6) or being subject to a final
				  order of the Federal Trade Commission, the Department, or the Food and Drug
				  Administration of the United States Department of Health and Human Services,
				  concerning the sale or offering for sale of an unsafe, unhealthful or worthless
				  hearing device or for engaging in conduct which has the tendency to mislead or
				  deceive.
(13) Using, causing or
				  promoting the use of any advertising matter, promotional literature,
				  testimonial, guarantee, warranty, label, brand, insignia or any other
				  representation, however disseminated or published, that is misleading,
				  deceiving, improbable or untruthful, such as a misrepresentation relating to:
(i) 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, cost of operation, resistance
				  to climatic conditions, or physiological benefits of a hearing aid or the
				  psychological well-being induced by a hearing aid.
(ii) A service or adjustment offered,
				  promised, or supplied to a purchaser of a hearing aid, or the fee associated
				  with the service or adjustment.