Section 844 IAC 9-6-2 - Standards of unprofessional conductAuthority: IC 25-20-1-23
Affected: IC 25-20-1
Sec. 2.
The following acts, if performed by a hearing aid dealer or a student hearing aid dealer, shall constitute grounds for disciplinary action:
(1) Aiding and abetting a person to fit and/or dispense hearing aids who does not hold a proper registration or student registration.(2) Fraudulent billing practices.(3) Attaching the description "audiologist", "doctor", "physician", or similar terms or abbreviations to a name indicating or inducing others to believe that the person is engaged in the practice of another profession.(4) Use of any symbol or depiction which connotes the medical or audiological profession.(5) Use of any terms that could reasonably mislead the public that a private business practice has some relationship to a governmental or nonprofit medical, educational, or research institution or entity.(6) Use, cause, or promote the use of any advertising media, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceiving, or untruthful. Included among the foregoing acts are misrepresentations relating to:(A) the grade, quality, quantity, origin, novelty, price, dealer cost, terms of sale, use, construction, size, composition, dimensions, type, design, development, visibility, durability, performance, fit, appearance, efficacy, benefits of any hearing aid, or the psychological well-being induced by a hearing aid; or(B) any service or adjustment offered, promised, or supplied to purchasers of any hearing aid.(7) Making representations in advertising or otherwise that a hearing aid is "guaranteed", without clear and conspicuous disclosure of:(A) the nature and extent of the guarantee;(B) any material conditions or limitations in the guarantee which are imposed by the guarantor;(C) the manner in which the guarantor will perform thereunder;(D) the identity, address, and telephone number of the guarantor, with disclosure, where applicable, that any guarantee made by the dealer which is not backed up by the manufacturer is offered by the dealer only; and(E) the meaning of "life" or "lifetime" to clarify whether it refers to the life of the purchaser, the product, or otherwise, whenever representations are made that a hearing aid is "guaranteed for life" or has a "lifetime guarantee".(8) Making guarantees, warranties, or any promises which, under normal conditions, are impractical of fulfillment or which are for such a period of time or are otherwise of such nature as may have the tendency to mislead purchasers into the belief that the hearing aid has a greater degree of serviceability, durability, or performance capability in actual use than is in fact true.(9) Advertise a particular model, type, or kind of hearing aid for sale when purchasers or prospective 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.Medical Licensing Board of Indiana; 844 IAC 9-6-2; filed Mar 1, 1990, 4:55 p.m.: 13 IR 1180; readopted filed Nov 14, 2001, 2:47 p.m.: 25 IR 1317; readopted filed Oct 4, 2007, 3:35 p.m.: 20071031-IR-844070052RFA; readopted filed November 25, 2013, 9:24 a.m.: 20131225-IR-844130307RFAReadopted filed 11/12/2019, 9:11 a.m.: 20191211-IR-844190074RFAReadopted filed 2/27/2024, 10:19 a.m.: 20240327-IR-844230772RFA