Current through all regulations passed and filed through September 16, 2024
(A) Fraud and/or misrepresentation:
(1) No holder of a license or permit shall
misrepresent the facts or commit fraudulent acts before, during or after the
sale of a hearing aid, nor shall the holder of the license or permit use either
means to obtain any fee.
(2)
Without limiting the scope of section
4747.09 or
4747.12 of the Revised Code, any
of the following representations may be considered as fraudulent or a
misrepresentation:
(a) That the hearing aid
has sponsorship, approval performance characteristics, accessories, or uses it
does not have.
(b) That the hearing
aid will provide benefits it will not provide.
(c) That the hearing aid is of a particular
brand model, engineering design or prescription if it is not, unless
manufacturing constraints limited the original intent.
(d) That the hearing aid is new or
reconditioned if it is not.
(e) The
hearing aid is in need of extensive repairs and/or is in need of replacement if
it is not.
(f) That the hearing aid
is available to the purchaser for a reason that does not exist.
(g) That the hearing aid may be purchased
below the dealer's regular price because of a special price advantage, if it
does not exist.
(3) In
determining whether an act or practice is fraudulent or constitutes
misrepresentation, the following circumstances shall be considered, but not
exclusively. Whether the holder of a license or trainee permit:
(a) Took advantage of the inability of the
purchaser reasonably to protect the individual's own interests because of
physical or mental infirmities, ignorance, illiteracy or inability to
understand the language of an agreement either verbal or written.
(b) Did not fully inform the purchaser of a
hearing aid with obviously poor discrimination for speech of the individual's
inability to obtain reasonable benefit.
(c) Made statements to mislead the purchaser
into believing the individual's hearing will suffer if the individual does not
purchase either one or two aids.
(d) Required the hearing aid purchaser to
agree to contract terms which were substantially one-sided in favor of the
dealer, fitter or trainee.
(e) Made
false statement of fact, including, but not limited to statements made in
advertising as defined in rule
4747-1-16 of the Administrative
Code, on which the hearing aid purchaser was likely to rely, to the
individual's detriment.
(f)
Informed the client that the client's present hearing aid was beyond repair or
inappropriate for the type or amount of loss when there was no evidence to
support these statements.
(B) By reason of the authority of section
119.061 of the Revised Code, the
board may, in addition to those reasons enumerated in section
4747.12 of the Revised Code,
also revoke, suspend, place on probation, or refuse to issue or renew a license
or permit, or reprimand a license or permit holder if the holder thereof
engages in deceptive trade practices as defined under section
4165.02 of the Revised Code;
and, as provided by section
4165.02 of the Revised Code, the
holder of a license or trainee permit will be considered to have engaged in a
deceptive trade practice if, in the practice of dealing in or fitting of
hearing aids as defined by section
4747.01 of the Revised Code,
that licensee or trainee;
(1) Passes off goods
or services as those of another;
(2) Causes likelihood of confusion or
misunderstanding as to the source, sponsorship, approval, or certification of
goods or services.
(3) Causes
likelihood of confusion or misunderstanding as to affiliation, connection, or
association with, or certification by another;
(4) Represents that goods or services have
sponsorship, approval, characteristics, ingredients, uses, benefits, in
quantities that they do not have or that a person has sponsorship, approval,
status affiliation or connection that the licensee or trainee does not
have;
(5) Represents that goods are
original or new if they are deteriorated, altered, reconditioned, reclaimed,
used or secondhand;
(6) Represents
that goods or services are of a particular standard, quality, or grade, or that
goods are of a particular style or model, if they are of another;
(7) Disparages the goods, services, or
business of another by false representation of fact;
(8) Advertises goods or services with intent
not to sell them as advertised;
(9)
Makes false statements of fact concerning the reasons for, existence of, or
amounts of price reductions;
(10)
Advertises goods or services with intent not to supply reasonable expectable
public demand, unless the advertisement discloses a limitation of
quantity.
(C)
Disciplinary action of a supervisor's license:
(1) Responsibility for the compliance with
this law and its attendant rules by a trainee permit holder shall rest with the
licensed supervisor who is registered as, or whom the board determines is, the
trainee's supervisor at the time any noncompliance may occur.
(2) If a trainee violates any provision of
section 4747.12 or
4165.02 of the Revised Code (see
paragraph (B) of this rule), the board may institute formal proceeding under
either or both of these sections, pursuant to Chapter 119 of the Revise Code,
against the trainee's supervisor, as well as, or instead of the trainee, to
determine whether the supervisor's license as a hearing aid dealer and fitter
should be revoked, suspended, placed on probation, refusal to issue or renew a
license or permit, or issued a reprimand against the license or permit
holder.
(3) Failure of a supervisor
to supervise a trainee, either generally or as required by rule
4747-1-14 of the Administrative
Code. Failure of a trainee to maintain contact and communication with a
supervisor shall also constitute gross incompetence or negligence in the
fitting or sale of hearing aids in violation of division (M) of section
4747.12 of the Revised
Code.
(4) The supervisor will be
relieved of the responsibility for the activities of a trainee if the
supervisor advises the board and the trainee in writing of the supervisor's
intention to cease to supervise the trainee. The supervisor should return
promptly said trainee permit certificate and wallet-size certificate replica to
the board for safekeeping and shall also issue subject trainee a dated receipt
for said certificate. If the certificate cannot be returned, an explanation
should be included in the supervisors withdrawal notification. It shall be the
responsibility of the trainee to surrender the trainee's permit and wallet-size
replica to the supervisor for return to the board. Failure to do so, shall
constitute negligence in violation of division (M) of section
4747.12 of the Revised Code and
paragraph (C)(2) of this rule.
(D) Disciplinary action for inadequate
testing: Failure of the holder of a license or trainee permit to comply
generally with the requirements of rule
4747-1-19 of the Administrative
Code, or any provision thereof with respect to test procedures and the written
records to be kept regarding such procedures, shall constitute the fitting or
selling or the attempted fitting or selling of hearing aids without first
utilizing the appropriate procedures and instruments required for the proper
fitting of hearing aids in violation of division (J) of section
4747.12 of the Revised Code,
gross incompetence or negligence in the fitting or sale of hearing aids in
violation of division (M) of section
4747.12 of the Revised Code, and
also, where appropriate, the obtaining of a fee or the making of a sale of a
hearing aid by fraud or misrepresentation in violation of division (C) of
section 4747.12 of the Revised Code, and
the board may institute formal proceedings under one or more of these sections,
pursuant to Chapter 119. of the Revised Code, against the holder of such
license or trainee permit to determine whether that license or trainee permit
should be revoked, suspended, placed on probation, refusal to issue or renew a
license or permit, or issued a reprimand against the license or permit
holder.
(E) Disciplinary action for
violation of related laws. A conviction of any provision of Ohio law, shall
constitute grounds for revocation or suspension. Proven violations of sections
1345.02 and
1345.03 (part of the Ohio
Consumers Sales Practices Act), sections
1345.21 to
1345.31 (the Ohio Home
Solicitation Sales Act), section
4165.02 (part of the Ohio
Deceptive Trade Practices Act), section
4747.02, division (B) of section
4747.05, section
4747.09 and
4747.14 of the Revised Code, by
holder of a license or trainee permit while such holder of said license or
trainee permit is engaged in the practice of dealing in or fitting of hearing
aids as defined by section
4747.01 of the Revised Code,
shall constitute gross incompetence or negligence in the fitting or sale of
hearing aids in violation of division (M) of section
4747.12 of the Revised Code and
shall also constitute, where appropriate, the obtaining of a fee or the making
of a sale of a hearing aid by fraud or misrepresentation in violation of
division (C) of section
4747.12 of the Revised Code, and
the board may institute formal proceedings under either or both of these
sections pursuant to Chapter 119. of the Revised Code, against the holder of
such license or trainee permit to determine whether that license or trainee
permit should be revoked, suspended, placed on probation, refusal to issue or
renew a license or permit, or issued a reprimand against the license or permit
holder.
(F) Refusal to issue
license or trainee permit. The board may refuse to
issue a license or trainee permit for falsification
of or the commission of
perjury upon any application for license under section
4747.05 of the Revised Code or
for a trainee permit under section
4747.10 of the Revised Code, or
violation of any provision of section
4747.02 or
4747.14 of the Revised Code,
pursuant to Chapter 119. of the Revised Code.
(G) It is not intended that this rule be
exhaustive, and the board may, if otherwise legally authorized, institute
formal proceedings pursuant to Chapter 119. of the Revised Code for reasons
other than those contained herein.
