{"data":{"id":"us-ut/utah-code-58-46a-501","jurisdiction":"us-ut","citation":"Utah Code § 58-46a-501","heading":"Unprofessional conduct.","body":"\"Unprofessional conduct\" includes:\n(1) testing the hearing of a patient for any purpose other than to determine whether a hearing loss will be improved by using a hearing instrument;\n(2) failing to make an appropriate referral to a qualified health care provider with respect to a condition a licensed individual detects in a patient if the condition is generally recognized in the profession as one the licensed individual should refer;\n(3) designating a hearing instrument for a patient whose hearing will not be sufficiently improved to justify prescribing and selling the hearing instrument;\n(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;\n(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;\n(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 the licensed individual represented;\n(7) failing to disclose in writing to the patient the charge for all services and hearing instruments prescribed and sold to a patient before providing the services or hearing instrument;\n(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 the licensed individual represented in writing before the sale of the hearing instrument;\n(9) paying a professional individual any consideration of any kind for referral of a patient;\n(10) failing, when acting as a supervising hearing instrument specialist or supervising audiologist, to provide supervision and training in hearing instrument sciences in accordance with Section 58-46a-302.5;\n(11) engaging in the practice as a hearing instrument intern when not under the supervision of a supervising hearing instrument specialist or supervising audiologist in accordance with Section 58-46a-302.5;\n(12) failing to describe in any advertisement, presentation, purchase, or trial agreement, the circuitry of a hearing instrument as being either \"digital\" or \"analog\" or other acceptable terms the division determines;\n(13) failing to follow the guidelines or policies of the United States Federal Trade Commission in any advertisement;\n(14) failing to adhere to the rules and regulations prescribed by the United States Food and Drug Administration as the rules and regulations pertain to the hearing instrument specialist;\n(15) failing to maintain all equipment used in the practice of a hearing instrument specialist properly calibrated and in good working condition;\n(16) failing to comply with any of the requirements set forth in Section 58-46a-502 or 58-46a-503;\n(17) fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than 18 years old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid; and\n(18) fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than six years old.","path":["Title 58 Occupations and Professions","Chapter 58-46a Hearing Instrument Specialist Licensing Act","Part 58-46a-5 Unprofessional Conduct"],"source_url":"https://le.utah.gov/xcode/Title58/Chapter46a/58-46a-S501.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"2306151bd8c7b5195c11a87261a53b2c155093dc1a79d52d0b9d65529b8bbdf1","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-58-46a-401","next":"us-ut/utah-code-58-46a-502"},"notice":"GroundRules: Original legal text. Not legal advice."}