"Unprofessional conduct" includes:

1. (1) testing the hearing of a patient for any purpose other than to determine whether a hearing loss will be improved by using a hearing instrument;
2. (2) failing to make an appropriate referral to a qualified health care provider with respect to a condition a licensed individual detects in a patient if the condition is generally recognized in the profession as one the licensed individual should refer;
3. (3) designating a hearing instrument for a patient whose hearing will not be sufficiently improved to justify prescribing and selling the hearing instrument;
4. (4) making false, misleading, deceptive, fraudulent, or exaggerated claims with respect to practice under this chapter and specifically with respect to the benefits of a hearing instrument or the degree to which a hearing instrument will benefit a patient;
5. (5) failing to exercise caution in providing a patient a prognosis to assure the patient is not led to expect results that cannot be accurately predicted;
6. (6) failing to provide appropriate follow-up care and consultation with respect to a patient to whom a hearing instrument has been prescribed and sold upon being informed by the patient that the hearing instrument does not produce the results the licensed individual represented;
7. (7) failing to disclose in writing to the patient the charge for all services and hearing instruments prescribed and sold to a patient before providing the services or hearing instrument;
8. (8) failing to refund fees paid by a patient for a hearing instrument and all accessories, upon a determination by the division that the patient has not obtained the recovery of hearing the licensed individual represented in writing before the sale of the hearing instrument;
9. (9) paying a professional individual any consideration of any kind for referral of a patient;
10. (10) failing, when acting as a supervising hearing instrument specialist or supervising audiologist, to provide supervision and training in hearing instrument sciences in accordance with Section 58-46a-302.5;
11. (11) engaging in the practice as a hearing instrument intern when not under the supervision of a supervising hearing instrument specialist or supervising audiologist in accordance with Section 58-46a-302.5;
12. (12) failing to describe in any advertisement, presentation, purchase, or trial agreement, the circuitry of a hearing instrument as being either "digital" or "analog" or other acceptable terms the division determines;
13. (13) failing to follow the guidelines or policies of the United States Federal Trade Commission in any advertisement;
14. (14) failing to adhere to the rules and regulations prescribed by the United States Food and Drug Administration as the rules and regulations pertain to the hearing instrument specialist;
15. (15) failing to maintain all equipment used in the practice of a hearing instrument specialist properly calibrated and in good working condition;
16. (16) failing to comply with any of the requirements set forth in Section 58-46a-502 or 58-46a-503;
17. (17) fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than 18 years old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid; and
18. (18) fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than six years old.

Amended by Chapter 140, 2026 General Session