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
Universal Citation: 201 KY Admin Regs Service 7:090
Current through Register Vol. 51, No. 3, September 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.
Section 2. Code of Ethics. Hearing Instrument Specialists engaged in the practice of the testing of human hearing, and in the selection, counseling, fitting, dispensing, and servicing of hearing instruments, shall hold paramount the welfare of the client. The hearing instrument specialist shall:
(1) Utilize all
resources available, including referral to other specialists as
needed;
(2) Accept and seek full
responsibility for the exercise of judgment within the area of his expertise.
These services include the selection, counseling, fitting, dispensing, and
servicing of hearing instruments;
(3) Not guarantee outstanding results from
the use of hearing instruments, products, services, or counseling when this is
not the case;
(4) Exercise caution
not to mislead persons to expect unattainable results;
(5) Hold in professional confidence all
information and professional records concerning a client and use that data only
for the benefit of the client or as the law demands;
(6) Keep the welfare of the client uppermost
at all times;
(7) Avoid personal
invective directed toward professional colleagues or members of hearing health
care professions;
(8) Not agree to
practice under terms or conditions which tend to interfere with or impair the
proper exercise of his professional judgment and skill, which cause a
deterioration of the quality of his service, or which require him to consent to
unethical behavior;
(9) Initiate
and maintain records of services provided to clients;
(10) Not participate with other health
professionals or any other person in agreements to divide fees or to cause
financial or other exploitation when rendering professional services;
(11) Not delay furnishing care to clients
served professionally, without just cause; and
(12) Not discontinue services to clients
without providing reasonable notice of withdrawal, providing all contractual
agreements have been satisfied.
STATUTORY AUTHORITY: KRS 334.150
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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