Rules & Regulations of the State of Tennessee
Title 1370 - Communication Disorders
Chapter 1370-02 - General Rules Governing Hearing Instrument Specialists
Section 1370-02-.13 - UNETHICAL CONDUCT

(1) Violation of laws regarding the fitting and dispensing of hearing instruments in any other state by a person licensed by this Council, while he is visiting or residing in such other state, shall be considered as unethical conduct by the Council.

(2) A hearing aid product or instrument may be guaranteed against mechanical or electronic defects or poor workmanship, but the degree of help from the use of or the results obtained in the wearing of a hearing aid are dependent upon uncontrollable factors, including the proper use or operation of the device. Therefore, any guarantee, warranty or representation expressed or implied as to the degree or amount of help or improvement shall be considered deceptive or misleading.

(3) Failure of a license holder to abide by the terms of any contract or agreement concerning the sale or dispensing of hearing instruments.

(4) Engaging in unfair or deceptive acts specifically prohibited by T.C.A. § 47-18-104(b) of the Tennessee Consumer Protection Act of 1977, while engaging in the business enterprise which is the practice of dispensing and fitting hearing instruments.

(5) The obtaining of any fee or the making of any sale by fraud or misrepresentation.

(6) 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 misleading, deceptive or untruthful.

(7) Advertising a particular model, type or kind of hearing aid for sale, when purchasers, responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type, or kind where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model, type, or kind than that advertised.

(8) Representing that the services or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing instruments when it is not true, or using the word "doctor" or like words, abbreviations or symbols which tend to denote the medical profession when such use is not accurate.

(9) Habitual intoxication or personal misuse of any drugs or the use of intoxicating liquors or stimulants in such manner as to adversely affect the person's ability to practice.

(10) Permitting another to use his license.

(11) To defame competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or falsely to disparage the products of competitors in any respect, or their business methods, selling prices, values, credit terms, policies, or services.

(12) To exhibit competitive products in his shop or in his advertising in such manner as to falsely discredit them or to represent falsely that competitors are unreliable.

(13) To quote prices of competitive hearing instruments or devices without disclosing that they are not the current prices or to show, demonstrate, or represent competitive models as being current models when such is not the fact.

(14) To imitate or simulate the trademarks, trade names, brands, or labels of competitors, with the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers.

(15) To use in advertising the name, model name, or trademark of a particular manufacturer of hearing instruments in such manner as to imply a relationship with the manufacturer which does not exist or otherwise to mislead or deceive purchasers or prospective purchasers.

(16) To use any trade name, corporate name, trademark, or other trade designations which have the capacity and tendency or effect of misleading or deceiving purchasers as to the name, nature, or origin of any product of the industry, or of any material used therein, or which is false, deceptive, or misleading in any other material respect.

(17) No licensee shall allow an apprentice, agent, servant, employee, or other representative who does not hold a current or unsuspended license to advertise or otherwise make representations to the public that he offers services included in the practice of dispensing and fitting hearing instruments as defined in T.C.A. § 63-17-201 or the rules and regulations of the Council.

(18) Failure to comply with the continuing education requirement as set by the Council or falsely reporting CE hours attended.

(19) Violation of any rule or statute of the Council.