Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R156. Commerce, Occupational and Professional Licensing.

Rule R156-46a. Hearing Instrument Specialist Licensing Act Rule.

As in effect on October 1, 2019

Table of Contents

R156-46a-101. Title.

This rule is known as the "Hearing Instrument Specialist Licensing Act Rule."

R156-46a-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 46a, as used in Title 58, Chapters 1 and 46a or this rule, "unprofessional conduct," as defined in Title 58 Chapters 1 and 46a, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-46a-502.

R156-46a-103. Authority - Purpose.

This rule is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 46a.

R156-46a-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

R156-46a-302a. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-46a-302(1)(f) and 58-46a-302.5(2)(a), the requirements for the examination of a hearing instrument intern are defined to require a minimum score of 85% on each section of the Utah Law and Rules Examination for Hearing Instrument Specialists.

R156-46a-302b. Qualifications for Licensure - Internship Supervision Requirements.

In accordance with Subsections 58-46a-102(7) and 58-1-203(1)(b), the requirements for supervision of a hearing instrument intern are defined and clarified as follows. The hearing instrument intern supervisor shall:

(1) supervise no more than one hearing instrument intern on direct supervision;

(2) supervise no more than two hearing instrument interns at one time;

(3) not begin an internship program until:

(a) the hearing instrument intern is properly licensed as a hearing instrument intern; and

(b) the supervisor is approved by the Division in collaboration with the Board; and

(4) notify the Division within ten working days if an internship program is terminated.

R156-46a-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 46a is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

R156-46a-304. Continuing Education.

In accordance with Section 58-46a-304, the continuing education requirement for renewal of licensure as a hearing instrument specialist is defined and clarified as follows:

(1) Continuing education courses shall be offered in the following areas:

(a) acoustics;

(b) nature of the ear (normal ear, hearing process, disorders of hearing);

(c) hearing measurement;

(d) hearing aid technology;

(e) selection of hearing aids;

(f) marketing and customer relations;

(g) client counseling;

(h) ethical practice;

(i) state laws and regulations regarding the dispensing of hearing aids; and

(j) other areas deemed appropriate by the Division in collaboration with the Board.

(2) Continuing education courses required under this section shall be approved by the American Speech-Language-Hearing Association (ASHA) or the International Hearing Society (IHS) Licensees shall retain copies of transcripts or certificates of completion from continuing education courses approved under this section for a period of four years, during which time the Division may audit the licensee's compliance with the requirements of this section.

(4) A minimum of 20 continuing education course hours shall be obtained by a hearing instrument specialist in order to have the license renewed every two years.

R156-46a-502a. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) violating any state or federal law applicable to persons practicing as a hearing instrument specialist or hearing instrument intern;

(2) failing to perform the minimum components of an evaluation for a hearing aid as set forth in Section R156-46a-502b;

(3) dispensing a hearing aid without the purchaser having:

(a) received a medical evaluation as required by Subsection 58-46-502(5) within the six-month period prior to the purchase of a hearing aid; or

(b) a document signed by the purchaser being a fully informed adult waiving the medical evaluation in accordance with Food and Drug Administration (FDA) required disclosures in CFR Title 21, Section 801.421, except a person under the age of 18 years may not waive the medical evaluation;

(4) engaging in unprofessional conduct specified in Subsection 58-1-501(2)(h) including:

(a) quoting prices of competitive hearing instruments or devices without disclosing that they are not the current prices or to show, demonstrate, or represent competitive models as being current when such is not the fact; and

(b) using stalling tactics, excuses, arguing or attempting to dissuade the purchaser to avoid or delay the customer from exercising the 30-day right to cancel a hearing aid purchase pursuant to Subsection 58-46a-503(1); and

(5) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the Code of Ethics of the International Hearing Society, adopted March 2009, which is hereby incorporated by reference.

R156-46a-502b. Minimum Components of an Evaluation for a Hearing Aid and Dispensing of a Hearing Aid.

(1) The minimum components of a hearing aid examination are the following:

(a) air conduction tests at frequencies of 250, 500, 1000, 2000, and 4000 Hertz;

(b) appropriate masking if the air conduction threshold at any one frequency differs from the bone conduction threshold of the contralateral or nontest ear by 40 decibels at the same frequency;

(c) bone conduction tests at 500, 1000, and 2000 Hertz on every client with proper masking;

(d) speech audiometry by live voice or recorded voice, including speech discrimination testing, most comfortable loudness (MCL) measurements and measurements of uncomfortable levels of loudness (UCL); and

(e) recording and interpretation of audiograms and speech audiometry and other appropriate tests for the sole purpose of determining proper selection and adaptation of a hearing aid.

(2) Only when the above procedures are clearly impractical may the selection of the best instrument to compensate for the loss be made by trial of one or more instruments.

(3) Tests performed by a physician specializing in diseases of the ear, a clinical audiologist or another licensed hearing instrument specialist shall be accepted if they were performed within six months prior to the dispensing of the hearing aid.

R156-46a-502c. Calibration of Technical Instruments.

The requirement in Subsection 58-46a-303(3)(c) for calibration of all appropriate technical instruments used in practice is defined, clarified, and established as follows:

(1) any audiometer used in the fitting of hearing aids shall be calibrated when necessary, but not less than annually;

(2) the calibration shall include to ANSI standards calibration of frequency accuracy, acoustic output, attenuator linearity, and harmonic distortion; and

(3) calibration shall be accomplished by the manufacturer, or a properly trained person, or an institution of higher learning equipped with proper instruments for calibration of an audiometer.

R156-46a-502d. Form of Written Informed Consent.

In accordance with Subsection 58-46a-502(4)(c), an agreement to provide hearing instrument specialist goods and services shall include the patient's informed consent in substantially the following form.

                                                     TABLE

                                           ACKNOWLEDGEMENT OF INFORMED CONSENT

As a consumer of hearing instrument specialist goods or
services, you are required to be informed of certain
information as provided in Utah Code Ann. Sections 58-46a-502
 and 503.
1.  The list of goods and services to be provided to you
include the following: (add additional lines as required)
Services:                    Charge:
Goods (circle as applicable: new, used, reconditioned): Charge:
These goods (circle as applicable: are, are not) covered by a
warranty or guarantee.  Additional information about any
warranty or guarantee is attached.
2.  The licensees providing these goods and services are:
(add additional lines as required)
hearing instrument specialist:
name:                   license number:
hearing instrument specialist intern
name:                   license number:
3.  The expected results of the goods and services are:
4.  If the goods to be provided include a hearing instrument:
(a)  Additional information is attached about hearing
instruments that work with assisted listening systems that are
compliant with ADA Standards for Accessible Design adopted by
the United States Department of Justice in accordance with the
American with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.
(b)  You have the right to receive a written receipt or
written contract, which includes notice to you that you have a
30-day right to cancel the purchase and obtain a refund if you
find the hearing aid does not function adequately for you.
(i)  The 30-day right to cancel shall commence from either
the date the hearing aid is originally delivered to you or the
date the written receipt or contract is delivered to you,
whichever is later. The 30-day period shall be tolled for any
period during which the hearing aid seller, dealer, or fitter
has possession or control of the hearing aid after its
original delivery.
(ii)  Upon exercise of the 30-day right to cancel a hearing
aid purchase, the seller of the hearing aid is entitled to a
cancellation fee not to exceed 15% of all fees charged to the
consumer, including testing, fitting, counseling, and the
purchase price of the hearing aid.  The exact amount of the
cancellation fee shall be stated in the written receipt or
contract provided to the consumer.
5.  If the goods and services provided do not substantially
enhance your hearing as stated in the expected results, you
are entitled to:
(a)  necessary intervention to produce satisfactory recovery
results consistent with the representations made above at no
additional cost; or
(b)  refund of the fees you paid for the hearing instrument
within a reasonable period of time after finding that the
hearing instrument does not substantially enhance your hearing.
I hereby acknowledge being informed of the above and consent
to the receive the goods and services.
Patient's Signature and Date
                                                            

KEY

licensing, hearing aids, hearing instrument specialist, hearing instrument intern

Date of Enactment or Last Substantive Amendment

August 17, 2015

Notice of Continuation

November 8, 2018

Authorizing, Implemented, or Interpreted Law

58-1-106(1)(a); 58-1-202(1)(a); 58-46a-101; 58-46a-304


Additional Information

Contact

For questions regarding the content or application of rules under Title R156, please contact the promulgating agency (Commerce, Occupational and Professional Licensing). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.