265 C.M.R. 7.01 – Grounds for Imposition of Disciplinary Sanctions

(1) Any one or combination of specified conduct set forth in M.G.L c. 112, § 199 is considered unprofessional and improper conduct subject to Board hearing and discipline as set forth in M.G.L. c. 112, § 200.
(2) Any violation of or failure to comply with any of the laws of the Commonwealth relating to the practice of dispensing hearing instruments or a violation of or failure to comply with a rule or regulation adopted thereunder is considered unprofessional and improper conduct subject to Board hearing and discipline as set forth in M.G.L. c. 112, § 200.
(3) If a current licensee is convicted of or admits to sufficient facts or pleads nolo contendre to a crime in any jurisdiction, whether felony or misdemeanor, in the Commonwealth or outside of the Commonwealth, regardless of adjudication or sentence, which directly relates to dispensing hearing instruments or the ability to safely and effectively practice dispensing hearing instruments, including, but not limited to violations of any federal laws or regulations regarding hearing instruments, the conduct of that licensee is considered unprofessional and improper conduct subject to Board hearing and discipline as set forth in M.G.L. c. 112, § 200.
(4) The definition of “gross incompetence” contained in M.G.L. c. 112, § 199(5) shall include, but not be limited to, failure of the registrant to advise a prospective hearing instrument user prior to fitting and dispensing a hearing instrument that the user should first consult a licensed physician specializing in diseases of the ear whenever any serious conditions are found or should have been found to exist, either as a result of observations of the registrant or from information furnished by such prospective hearing instrument user, including, but not limited to, the following conditions:
1. (a) visible congenital or traumatic deformity of the ear, including perforation of the eardrum;
2. (b) a history of, or active drainage from the ear within the previous 90 days;
3. (c) a history of sudden or rapidly progressive hearing loss within the previous 90 days;
4. (d) acute or chronic dizziness;
5. (e) any unilateral hearing loss;
6. (f) significant air-bone gap when generally acceptable standards have been established as defined by the Food and Drug Administration (FDA);
7. (g) visible evidence of significant cerumen accumulation or a foreign body in the ear canal; or
8. (h) pain or discomfort in the ear.