§ 3301 - Unprofessional conduct
§ 3301. Unprofessional conduct
(a) A licensee shall not engage in unprofessional conduct. When such conduct is committed by an applicant it shall be grounds for denial of a license.
(b) Unprofessional conduct means the following conduct and conduct set forth in section 129a of Title 3:
(1) aiding or abetting a person, directly or indirectly, to commit unauthorized practice;
(2) giving, offering to give or causing to be given, directly or indirectly, money or anything of value to any person who advises another in a professional capacity, as an inducement for the professional to influence others to purchase goods or services from the licensee;
(3) making a representation which is intended or has a tendency to deceive the public, including:
(A) advertising a particular type of hearing aid for sale when such aid is not for sale;
(B) stating or implying that the use of a hearing aid will retard the progression of a hearing impairment; or
(C) misrepresenting the licensee or the licensee's business by using the word "audiologist" or similar terms if such designation is not accurate;
(4) engaging in any unfair or deceptive act or practice within the meaning of 9 V.S.A. § 2453 relating to consumer fraud;
(5) using undue influence or coercion in connection with the dispensing of hearing aids;
(6) providing or promoting the sale of goods or services to a person who cannot reasonably be expected to benefit from such services or goods;
(7) wilfully failing to honor any representation, promise, agreement or warranty to a consumer;
(8) failing to make available, upon the request of a person using the licensee's services, copies of records or documents in the possession or under the control of the licensee, when those records or documents have been prepared in connection with the furnishing of services or goods to the requesting person;
(9) any of the following except when reasonably undertaken in an emergency situation in order to protect life or health:
(A) practicing or offering to practice beyond the scope permitted by law;
(B) accepting and performing occupational responsibilities which the licensee knows or has reason to know the licensee is not competent to perform; or
(C) performing occupational services which have not been authorized by the consumer or his or her legal representative;
(10) discouraging consumers in any way from exercising their right to a refund within a 45-day trial period, unreasonably delaying payment of such refunds as may be due, or deducting amounts from refunds beyond those allowed by law;
(11) failing to inform a consumer prior to sale that a medical evaluation of hearing loss prior to purchasing a hearing aid is in the consumer's best health interest;
(12) engaging in fraud in connection with any state or federally assisted medical assistance programs.
(c) After hearing, and upon a finding of unprofessional conduct, an administrative law officer may direct the director to take disciplinary action against a licensed hearing aid dispenser or applicant. (Added 1989, No. 60, § 1; amended 1989, No. 250 (Adj. Sess.), § 4(b), (d); 1997, No. 40, § 49(a); 1997, No. 145 (Adj. Sess.), § 54.)