Prev Next


(1) In addition to the unprofessional conduct provisions of 37-1-316, MCA, the board defines unprofessional conduct as follows:

(a) the use in advertising or otherwise of the words "prescribe" or "prescription" or any abbreviation, variation or derivative thereof or symbol therefore, in referring to or in describing any industry product, unless the industry product was made pursuant to a prescription given by a physician, or unless:

(i) the industry product was specifically made to compensate for the hearing loss of a particular patient, in accordance with the directions furnished by a qualified person other than a physician; and

(ii) the prohibited words, abbreviations, variations, derivatives or symbols are accompanied by a clear and conspicuous disclosure that:

(A) the "prescription" was not based on a medical examination, and

(B) the person issuing it was not a physician;

(b) initiating contact by telephone, without first identifying the dispenser by name and company represented, or making more than one such contact, unless further contact is specifically requested by the patient;

(c) contacting a person who already has a hearing aid still under warranty, more than once, unless contact is made by the original dispenser, or further contact is specifically requested by the patient;

(d) use of a contract which does not comply with the board's rules on contract content;

(e) failing to comply with any provision of Title 37, chapters 1 or 16, MCA, or any rule promulgated thereunder;

(f) failing to comply with FDA regulations found at 16 CFR 429.1, 21 CFR 801.420 and 801.421;

(g) failing to follow FDA recommendation as set forth in the warning statement in 21 CFR 801.420;

(h) violating any state, federal, provincial or tribal statute, or administrative rule governing or affecting the professional conduct of any licensee;

(i) performing services outside of the licensee's area of training, expertise, competence, or scope of practice or licensure, including the purposeful removal of cerumen from a patient's ear;

(j) failing to render adequate supervision, management, training, or control of auxiliary staff or supervisees;

(k) discontinuing professional services, unless services have been completed, the patient requests the discontinuation, alternative, or replacement services are arranged or the patient is given reasonable opportunity to arrange alternative or replacement services;

(l) delegating a professional responsibility to a person the licensee knows, or has reason to know, is not qualified to perform the delegated task;

(m) accepting, directly or indirectly, employment from any person who is not licensed to practice the profession or occupation, or who is not licensed or authorized to operate a professional practice or business;

(n) failing to obtain informed consent from patient or patient's representative prior to selling a hearing aid, particularly in situations where the patient's competency is at issue;

(o) physical or verbal abuse of a patient, or sexual contact with a patient;

(p) failing to account for funds received in connection with any services rendered or to be rendered;

(q) practicing the profession of hearing aid dispensing on an expired or inactive license;

(r) failing to comply with records retention requirements; or

(s) failing to comply with the Personal Solicitations Act set forth in 30-14-501 et seq., MCA. 


History: 37-1-131, 37-1-319, 37-16-202, MCA; IMP, 37-1-131, 37-1-316, 37-1-319, 37-16-411, MCA; NEW, Eff. 9/4/74; AMD, Eff. 9/4/75; TRANS, from Dept. of Prof. & Occup. Lic., Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1986 MAR p. 202, Eff. 2/14/86; AMD, 1989 MAR p. 1840, Eff. 11/10/89; AMD, 1993 MAR p. 534, Eff. 4/16/93; AMD, 1997 MAR p. 832, Eff. 5/6/97; AMD, 1999 MAR p. 343, Eff. 2/26/99; AMD, 2000 MAR p. 2514, Eff. 9/22/00; TRANS, from Commerce, 2002 MAR p. 395; AMD, 2004 MAR p. 328, Eff. 2/13/04; AMD, 2010 MAR p. 1085, Eff. 4/30/10; AMD, 2019 MAR p. 52, Eff. 1/12/19; AMD, 2019 MAR p. 1862, Eff. 10/19/19.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security