SECTION 310:265-7-2. Prohibited acts

(a)   No person shall:

(1)   Sell, barter, or offer to sell or barter a license;

(2)   Purchase or procure by barter a license with intent to use it as evidence of the holder's qualification to practice the fitting and sale of hearing aids;

(3)   Alter a license with fraudulent intent;

(4)   Use or attempt to use as a valid license which has been purchased, fraudulently obtained, counterfeited or materially altered;

(5)   Willfully make a false statement in an application for a license or application for renewal of a license;

(6)   Engage in the practice of fitting and dealing in hearing aids with a temporary permit unless under the direct on-site supervision of an Oklahoma Licensed Hearing Aid Dealer and Fitter;

(7)   Allow a temporary permit holder to engage in the practice of fitting and dealing in hearing aids unless under the direct supervision of an Oklahoma Licensed Hearing Aid Dealer and Fitter;

(8)   Sell a hearing instrument to a person under eighteen (18) years of age unless the prospective user, parent or guardian has presented to the licensee a medical evaluation signed by a physician who specializes in diseases of the ear, that states the client may be considered a candidate for a hearing instrument. This requirement may be waived if a physician who specializes in diseases of the ear is not available within 100 miles of the person's residence and a licensed physician provides the medical evaluation. This evaluation must have taken place within the preceding six (6) months of the testing and fitting. A licensed audiologist should perform the evaluation and rehabilitation; or

(9)   Infer directly or indirectly in advertisement or written material that the hearing aid dealer and fitter is licensed as a physician or audiologist or performs diagnostic procedures to determine the cause of a hearing impairment.

(b)   Violations of this Section may be brought pursuant to Title 63 O.S. Section 1-1701.1A (Administrative penalty), as amended.

[Source: Amended at 15 Ok Reg 118, eff 10-15-97 (emergency); Amended at 15 Ok Reg 3155, eff 7-13-98; Amended at 17 Ok Reg 2929, eff 7-13-00; Amended at 21 Ok Reg 2737, eff 7-12-04; Amended at 33 Ok Reg 1522, eff 11-1-16]