S.C. Code Regs. § § 61-3.I.I.106

Current through Register Vol. 48, 12, December 27, 2024

Section 61-3.I.I.106 - Conduct/Ethics

1. It shall be the responsibility of the licensee or the temporary permit holder, under the Act, to be familiar with and to avoid commission of any acts regarded as unethical conduct including, but not limited to, the following:

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

(b) Employing directly or indirectly any suspended or unregistered person to perform any work covered by the Act.

(c) Engaging in falsification of name or using an alias with fraudulent intent for the purposes of fitting and selling hearing aids.

(d) Gross incompetence, or negligence shall be considered, in dispensing or selling a hearing aid to a customer, client or person without that person having been given the opportunity of tests utilizing appropriate established procedures and instrumentation to determine the extent or type of hearing impairment: except in cases of selling replacement hearing aids, in which case retesting hearing within 18 months of original purchase except in extenuating circumstances as determined by the Department.

(e) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceiving, or untruthful.

(f) Advertising or offering for sale a particular model, type or kind of hearing aid when the offer is not a bonafide effort to sell the product so offered as advertised and at the advertised price. In determining whether there has been a violation of this rule, consideration will be given to actions or practices indicating that the offer was not made in good faith for the purpose of selling the advertised product, but was made for the purpose of contacting prospective purchasers and selling them a product offered.

(g) Violation of any of the provisions of the Act.

2. Actions or procedures which shall be considered for the purpose of determining misrepresentation shall be the following:

(a) The creation, by virtue of the initial offer or advertisement, of a false impression of the product offered in any material respect.

(b) A refusal to show, demonstrate or sell the product offered in accordance with the terms of offer.

(c) To vilify by actions or words, the product offered, credit terms, availability of service, repairs or parts in connection with the offer or advertisement.

(d) To delay, in the event of sale, the delivery of such product or the service of such product offered within a reasonable time thereafter.

(e) Representing, advertising or implying that the hearing aid or repair is guaranteed without complete disclosure of the nature and extent of the guarantee and any conditions or limitations thereof.

3. Representing that the professional services or advice of a physician will be used or made available in the selling or fitting, adjustment, maintenance or repair of hearing aids when that is not true, or using the words "doctor", "clinic", "audiologist", or any similar words, abbreviations, or symbols which tend to connote the audiological or medical profession when such is not the case.

4. Permitting another the use of license or temporary permit.

5. The indulgence in excessive consumption of beverages or drugs for purposes of intoxication shall constitute habitual intemperance.

6. Offering for sale, rent, or lease, by advertisement, a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer(s) that does not exist.

7. Directly or indirectly giving or offering to give, permitting or causing the exchange of anything of value, whether it be money or otherwise, to any person who advises another as an inducement to influence him or others to purchase or contract for purchase products sold or offered for sale by a hearing aid dealer or fitter.

8. Making any statement or implying that the use of any hearing aid will restore or preserve hearing, prevent or regress hearing impairment.

9. To conduct business during any affliction thereby causing to be spread any contagious or infectious disease which may constitute a hazard to the well-being of any client.

10. Committing or contributing to any of the above actions or deeds shall be construed a violation of the Act.

S.C. Code Regs. § 61-3.I.I.106