24.151.2301    UNPROFESSIONAL CONDUCT

(1) It is unprofessional conduct for licensed hearing aid dispensers to: 

(a) violate a federal, state, or local law or rule relating to the conduct of the profession;

(b) initiate telephone contact without first identifying the dispenser's name and company, or making more than one contact, unless the person specifically requests further contact;

(c) contact a person more than once who has a hearing aid still under warranty, unless:

(i)  contact is made by the original dispenser; or

(ii)  the person specifically requests the additional contact;

(d) perform services outside the licensee's area of training, expertise, competence, or scope of practice or licensure;

(e) fail to adequately supervise, manage, train, or control auxiliary staff or supervisees;

(f) discontinue professional services, unless:

(i) services are completed;

(ii) the person requests the discontinuation;

(iii) alternative or replacement services are arranged; or

(iv) the person is given reasonable opportunity to arrange alternative or replacement services;

(g) delegate a professional task to an unqualified person;

(h) fail to obtain informed consent when warranted;

(i) physically or verbally abuse a patient; and

(j) fail to account for funds received in connection with any services rendered or to be rendered.

History: 37-16-202, MCA; IMP, 37-16-411, MCA; NEW, 2023 MAR p. 1558, Eff. 11/4/23.