R156-46a-502a. Unprofessional Conduct

  "Unprofessional conduct" includes:

  (1) violating any state or federal law applicable to persons practicing as a hearing instrument specialist or hearing instrument intern;

  (2) failing to perform the minimum components of an evaluation for a hearing aid as set forth in Section R156-46a-502b;

  (3) dispensing a hearing aid without the purchaser having:

  (a) received a medical evaluation as required by Subsection 58-46-502(5) within the six-month period prior to the purchase of a hearing aid; or

  (b) a document signed by the purchaser being a fully informed adult waiving the medical evaluation in accordance with Food and Drug Administration (FDA) required disclosures in CFR Title 21, Section 801.421, except a person under the age of 18 years may not waive the medical evaluation;

  (4) engaging in unprofessional conduct specified in Subsection 58-1-501(2)(h) including:

  (a) quoting 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 when such is not the fact; and

  (b) using stalling tactics, excuses, arguing or attempting to dissuade the purchaser to avoid or delay the customer from exercising the 30-day right to cancel a hearing aid purchase pursuant to Subsection 58-46a-503(1); and

  (5) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the Code of Ethics of the International Hearing Society, adopted March 2009, which is hereby incorporated by reference.