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
Universal Citation: AL Admin Code R 445-X-1-.07
Current through Register Vol. 42, No. 5, February 29, 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.
(b)
Fraudulent, deceptive, and misleading advertising including:
1. Causing or knowingly permitting the use of
advertising, which is untrue or misleading, or in any manner engaging in any
activity which is deceptive.
2.
Using or allowing the use of any statement or item of information which is
misleading. A statement about a product or service shall be deemed to be
misleading, whether or not it is literally false, if a reasonably prudent
person, who does not possess any knowledge or expertise about hearing
instruments, would be likely to misunderstand any fact about a product or
service, and if the misunderstood fact would be material to that individual's
decision to purchase or accept the product or service.
3. Causing or permitting any form of
advertisement or information shall be deemed to be deceptive if the form of
advertisement or information taken as a whole, and with consideration given to
typography and format, as well as language, shall be such as to cause a
reasonable person, not possessing special knowledge regarding hearing
instruments to expect services or advantages which are not provided.
4. Representing that goods or services have
sponsorship, approval, characteristics, ingredients, uses, benefits or
qualities that they do not have or that a person has sponsorship, approval,
status affiliation or connections that he does not have.
5. Representing that goods are original or
new if they are deteriorated, reconditioned, reclaimed, used, second-hand or
altered, provided that such distinction shall not apply to new goods which have
been reconditioned, reclaimed, or repaired and such fact is provided in writing
to with the purchaser.
6.
Representing that goods or services are of a particular standard, quality or
grade, or that goods are of a particular brand or model, if they are of
another.
7. Advertising goods or
services with intent not to sell them as advertised.
8. Advertising goods or services with intent
not to supply reasonably expectable public demand unless the advertisement
discloses a limitation of quantity.
9. Making a false or misleading statement of
fact concerning the reasons for, existence of, or amounts of price
reductions.
10. Knowingly making
false or misleading statements of fact concerning the need for parts,
replacement or repair service.
11.
Advertising of any sale by falsely representing that a person is going out of
business.
12. Misrepresenting that
a warranty or guarantee exists, confers, or involves certain rights or
remedies, or that a warranty or guarantee exists.
13. Advertising a particular model or type of
hearing instrument for sale when prospective purchasers cannot purchase the
advertised model or type, where the purpose of the advertisement is to obtain
prospects for the sale of a different model or type than that
advertised.
14. Advertising the
price of any model or type of hearing instrument, unless the advertisement
contains language similar to the following: "Hearing instruments may not meet
the needs of all hearing-impaired individuals."
(c) Conviction, in any state or federal court
of any crime which is a felony under Alabama law, or which is a crime involving
moral turpitude under Alabama law. This shall include a plea of nolo
contendere.
(d) Violation of the
terms of probation for any reason.
(e) Violating regulations of the Food and
Drug Administration which affect hearing instrument dealers, dispensers, and
fitters.
(f) Conducting business
while knowingly suffering from a contagious or infectious disease.
(g) Fitting or selling hearing instruments
without a license.
(h) Failing to
provide information to the board as requested, within a reasonable time frame,
or materially misstating information furnished to the board.
(i) Failure to respond within 10 business
days to written requests for information relating to any investigation may
result in request for formal hearing, penalties, or administrative assessments
against the business and/or the licensee.
(j) Failure to appear at a hearing to answer
charges when required to do so by the board.
(k) Failure to pay administrative fines
assessed by the board within the time specified by the board, or, if a deadline
is not imposed by the board, within a reasonable time.
(l) Failure to pay court-ordered restitution
to any customer of the licensee.
(m) Failure to submit or to follow a board
approved plan for correcting deficiencies in continuing education.
(n) Violating any provision of the Alabama
statutes regulating hearing aid dispensers and hearing aid specialist,
Code of Ala. 1975, §
34-14-1, et
seq. or violating any provision of these rules.
Author: Hearing Instrument Dealers Board
Statutory Authority: Code of Ala. 1975, § 34-14-11(4).
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