Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2165 - Board of Examiners for Hearing Instrument Specialists
Chapter 3 - Code of Ethics
Section 20 CSR 2165-3.020 - Deceptive Practices
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment protects the public by providing clarification of what is unfair and deceptive practices.
(1) It shall be an unfair and deceptive practice to engage in bait advertising as defined in Chapter 407, RSMo. In determining whether there has been a violation of this rule, consideration will be given to acts or practices that demonstrate that the advertising offer was not made in good faith for the purpose of selling the advertised product or service, but was made for the purpose of selling a product or service other than the product or service offered to the prospective purchaser.
(2) It shall be an unfair and deceptive practice for the licensee to misrepresent-
(3) It shall be an unfair and deceptive practice for the licensee to misrepresent in advertising or otherwise misrepresent that a hearing instrument has a guarantee, warranty, or promise similar in nature without a clear and conspicuous disclosure of-
(4) It shall be an unfair and deceptive practice for the licensee to represent, unless it is true, directly or indirectly through the use of any word or term in his/her corporate or trade name, in his/her advertising, or otherwise:
(5) It shall be an unfair and deceptive practice, for the licensee directly or by implication to-
(6) It shall be an unfair or deceptive practice for the licensee torepresent, either directly or by implication, through the use of words or expressions that any hearing instrument, device or part is hidden or cannot be seen unless such is the fact.
(7) The licensee shall not misrepresent, either directly or by implication, that batteries sold only by such licensee or bearing a specified brand, label, or other identifying mark, are the only batteries suitable for use in a particular type or make of hearing instrument or device when such is not the fact. It shall also be unethical to imply in any manner, that a hearing instrument does not need batteries when such is not the case.
(8) It shall be an unfair, deceptive practice or unethical conduct for the licensee to advertise or otherwise represent to prospective purchasers any statement which has the capacity and tendency or effect of misleading them into the belief that any hearing instrument or device, or part or accessory therefor, is a new invention or involves a new mechanical or scientific principle, when such is not the fact.
(9) It shall be an unfair or deceptive practice and unethical conduct for the licensee to-
(10) When the licensee initiates contact through direct mail or other advertisement, the licensee shall display clearly on each promotional item the business/establishment name, the principal establishment's street address and telephone number.
*Original authority 1973, amended 1981, 1983, 1995.