 |
Oklahoma Administrative Code (Last Updated: March 11, 2021) |
 |
TITLE 310. Oklahoma State Department of Health |
|
Chapter 265. Hearing Aid Dealers and Fitters |
|
Subchapter 7. Regulatory Enforcement |
SECTION 310:265-7-1. Suspension or revocation of licenses
Latest version.
- (a) The Commissioner shall have the power and duty to suspend or revoke the license of any person registered under this act, after a hearing, and after an administrative determination that such licensee has violated or has failed to comply with any of the provisions of this act or any regulation adopted thereunder. The Commissioner shall have the power to reinstate any such suspended or revoked licenses, upon a satisfactory and acceptable showing and assurance that there was compliance by the said licensee with provisions of these regulations and that conformity and compliance therewith will be continuous. Any action taken relative to the denial, suspension or revocation of a license shall conform to the Oklahoma Administrative Procedures Act.(b) Any person registered under these regulations may have his license revoked or suspended for a fixed period by the Commissioner for any of the following causes:(1) The conviction of any crime involving moral turpitude or a felony. The record of conviction, or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of such conviction. Provided that upon successful completion of the sentence of the court, the person may again be eligible for licensing by the Commissioner.(2) Procuring of license by fraud or deceit practiced upon the Commissioner.(3) Unethical conduct, including, but not limited to:(A) The obtaining of any fee or the making of any sale by fraud or misrepresentation;(B) Knowingly employing directly or indirectly any suspended or unregistered person to perform any work covered by these regulations;(C) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive or untruthful, or which may include making any misrepresentation of material fact, in whole or in part, or any claim that the services performed or the materials used are superior to that which is ordinarily performed or used in the business unless such claims can be documented as truthful and not misleading;(D) Advertising a particular model or type of hearing aid for sale and/or advertising a particular sales price, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type than that advertised;(E) Representing that the service or advice of a person licensed to practice medicine or audiology will be used or made available in the selection, fitting, adjustment, maintenance or repair of hearing aids when that is not true, or holding oneself out to the public by any title or description of services incorporating the terms "doctor", "audiologist", "audiology", "clinic", "hearing clinic", "hearing center" or similar words, abbreviations or symbols which tend to connote the medical or audiology profession when such is not accurate. All hearing aid dealers and fitters operating within the State of Oklahoma must use a trade name or business name which clearly and fairly portrays the business as a hearing aid business, unless the trade or business name was used or employed by an entity that was a going concern as a hearing aid business on or before August 1, 2004. All changes in trade or business names made after August 1, 2004, must comply with the clear and fair trade or business name requirement of this subsection;(F) Habitual intemperance;(G) Gross immorality;(H) Permitting another's use of a license;(I) Advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist;(J) Directly or indirectly giving or offering to give, or permitting or causing to be given, money or anything of value to any person who advises another in a professional capacity as an inducement to influence him or have him influence others to purchase or contract to purchase products sold or offered for sale by a hearing aid dealer or fitter, or influencing persons to refrain from dealing in the products of competitors;(K) Including an educational degree after the hearing aid dealer's or fitter's name but does not qualify the degree as to its field, or includes the title "Dr." where the degree is a non-medical doctorate and the advertisement does not disclose that fact;(L) Including any type of certification designation after the hearing aid dealer's or fitter's name, but does not append to his name, so written or printed in the same font size as his name, appropriate and easily understood words which clearly show and indicate the meaning of the certification designation and the group that provides the certification. Example: John Doe, BC-HIS, Board Certified in Hearing Instrument Sciences, or the BC-HIS logo.(M) Advertising an offered or sale price of a hearing aid without the make and model of the hearing aid, the price of the added features of the hearing aid, the price of any additional testing or fitting fees, the manufacturer's suggested retail price and discounted price, if any of the above are to be incurred. Advertisements shall be written in a manner to be clear, honest and easily understood by the public; or(N) Advertising a special promotional offer such as buy one get one free or a purchase with any rebate without also providing the details of the offer in the advertisement.(4) Engaging in the fitting and sale of hearing aids under false name or alias with fraudulent intent.(5) Selling a hearing aid to a person who has not been given tests utilizing appropriate established procedures and instrumentation in fitting of hearing aids.(6) Gross incompetence or negligence in fitting and selling hearing aids, including issuing a receipt to the purchaser which does not conform to OAC 310:265.(7) Violating any provisions of the Law, these Regulations, or Federal regulations pertaining to the sale and fitting of hearing aids.(8) Failing to provide information in response to a written request made by the department within 30 days.