CHAPTER 124
DISCIPLINE FOR HEARING AID DISPENSERS
[Prior to 5/29/02, see 645—120.11(272C)]
645—124.1(154A,272C) Definitions.
“Board” means the board of hearing aid dispensers.
“Discipline” means any sanction the board may impose upon licensees.
“Licensee” means a person licensed to practice as a hearing aid dispenser in Iowa.
645—124.2(154A,272C) Grounds for discipline. The board may impose any of the disciplinary sanctions provided in rule 645—124.3(154A,272C) when the board determines that the licensee is guilty of any of the following acts or offenses:
	124.2(1) Failure to comply with the current Code of Ethics of the International Hearing Society. The board hereby adopts by reference the current Code of Ethics of the International Hearing Society, available at http://www.ihsinfo.org.
	124.2(2) Fraud in procuring a license. Fraud in procuring a license includes, but is not limited to, the following:
	a. 	An intentional perversion of the truth in making application for a license to practice in this state;
	b. 	False representations of a material fact, whether by word or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed when making application for a license in this state; or
	c. 	Attempting to file or filing with the board or the department of public health any false or forged diploma or certificate or affidavit or identification or qualification in making an application for a license in this state.
	124.2(3) Professional incompetence. Professional incompetence includes, but is not limited to:
	a. 	A substantial lack of knowledge or ability to discharge professional obligations within the scope of practice;
	b. 	A substantial deviation from the standards of learning or skill ordinarily possessed and applied by other hearing aid dispensers in the state of Iowa acting in the same or similar circumstances;
	c. 	A failure to exercise the degree of care which is ordinarily exercised by the average hearing aid dispenser acting in the same or similar circumstances;
	d. 	Failure to conform to the minimal standard of acceptable and prevailing practice of licensed hearing aid dispensers in this state.
	124.2(4) Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of hearing aid dispensing or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
	124.2(5) Advertising that hearing testing or hearing screening is for the purpose of detection or diagnosis of medical problems or medical screening for referral to a physician.
	124.2(6) Failure to place all of the following in an advertisement relating to hearing aids:
	a. 	Hearing aid dispenser’s name.
	b. 	Hearing aid dispenser’s office address.
	c. 	Hearing aid dispenser’s telephone number.
	124.2(7) Practice outside the scope of the profession.
	124.2(8) The use of untruthful or improbable statements in advertisements. The use of untruthful or improbable statements in advertisements includes, but is not limited to, an action by a licensee in making information or intention known to the public which is false, deceptive, misleading or promoted through fraud or misrepresentation.
	124.2(9) Except in cases of selling replacement hearing aids of the same make or model within one year of the original sale, a hearing aid shall not be sold without adequate diagnostic testing and evaluation using established procedures to assess hearing needs as defined in 645—Chapter 123. Instruments shall be calibrated to current standards at least annually or more often if necessary. The distributor shall keep with the instruments a certificate indicating the date of calibration.
	124.2(10) Habitual intoxication or addiction to the use of drugs.
	a. 	The inability of a licensee to practice with reasonable skill and safety by reason of the excessive use of alcohol on a continuing basis.
	b. 	The excessive use of drugs which may impair a licensee’s ability to practice with reasonable skill or safety.
	124.2(11) Obtaining, possessing, attempting to obtain or possess, or administering controlled substances without lawful authority.
	124.2(12) Falsification of client records.
	124.2(13) Acceptance of any fee by fraud or misrepresentation.
	124.2(14) Misappropriation of funds.
	124.2(15) Negligence by the licensee in the practice of the profession. Negligence by the licensee in the practice of the profession includes a failure to exercise due care, including improper delegation of duties or supervision of employees or other individuals, whether or not injury results; or any conduct, practice or conditions which impair the ability to safely and skillfully practice the profession.
	124.2(16) Conviction of a crime related to the profession or occupation of the licensee or the conviction of any crime that would affect the licensee’s ability to practice within the profession, regardless of whether the judgment of conviction or sentence was deferred. A copy of the record of conviction or plea of guilty shall be conclusive evidence.
	124.2(17) Violation of a regulation, rule, or law of this state, another state, or the United States, which relates to the practice of hearing aid dispensing.
	124.2(18) Revocation, suspension, or other disciplinary action taken by a licensing authority of this state, another state, territory or country; or failure of the licensee to report such action within 30 days of the final action by such licensing authority. A stay by an appellate court shall not negate this requirement; however, if such disciplinary action is overturned or reversed by a court of last resort, such report shall be expunged from the records of the board.
	124.2(19) Failure of a licensee or an applicant for licensure in this state to report any voluntary agreements restricting the individual’s practice as a hearing aid dispenser in another state, district, territory or country.
	124.2(20) Failure to notify the board of a criminal conviction within 30 days of the action, regardless of the jurisdiction where it occurred.
	124.2(21) Failure to notify the board within 30 days after occurrence of any judgment or settlement of a malpractice claim or action.
	124.2(22) Engaging in any conduct that subverts or attempts to subvert a board investigation.
	124.2(23) Failure to comply with a subpoena issued by the board or failure to cooperate with an investigation of the board.
	124.2(24) Failure to respond within 30 days of receipt of communication from the board which was sent by registered or certified mail.
	124.2(25) Failure to comply with the terms of a board order or the terms of a settlement agreement or consent order.
	124.2(26) Failure to pay costs assessed in any disciplinary action.
	124.2(27) Submission of a false report of continuing education or failure to submit the biennial report of continuing education.
	124.2(28) Failure to report another licensee to the board for any violations listed in these rules, pursuant to Iowa Code section 272C.9.
	124.2(29) Knowingly aiding, assisting, or advising a person to unlawfully practice as a hearing aid dispenser.
	124.2(30) Failure to report a change of name or address within 30 days after the occurrence.
	124.2(31) Representing oneself as a licensed hearing aid dispenser when one’s license has been suspended or revoked, or when one’s license is on inactive status.
	124.2(32) Permitting another person to use the licensee’s license for any purpose.
	124.2(33) Permitting an unlicensed employee or person under the licensee’s control to perform activities that require a license.
	124.2(34) Unethical conduct. In accordance with Iowa Code section 147.55(3), behavior (i.e., acts, knowledge, and practices) which constitutes unethical conduct may include, but is not limited to, the following:
	a. 	Verbally or physically abusing a patient, client, or coworker.
	b. 	Improper sexual contact with or making suggestive, lewd, lascivious or improper remarks or advances to a patient, client or coworker.
	c. 	Betrayal of a professional confidence.
	d. 	Mental or physical inability reasonably related to and adversely affecting the licensee’s ability to practice in a safe and competent manner.
	e. 	Being adjudged mentally incompetent by a court of competent jurisdiction.
	124.2(35) Repeated failure to comply with standard precautions for preventing transmission of infectious diseases as issued by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.
	124.2(36) Violation of the terms of an initial agreement with the impaired practitioner review committee or violation of the terms of an impaired practitioner recovery contract with the impaired practitioner review committee.
[ARC 9424B, IAB 3/9/11, effective 4/13/11 (See Delay note at end of chapter); ARC 0032C, IAB 3/7/12, effective 4/11/12]
645—124.3(154A,272C) Method of discipline. The board has the authority to impose the following disciplinary sanctions:
	1.	Revocation of license.
	2.	Suspension of license until further order of the board or for a specific period.
	3.	Prohibit permanently, until further order of the board, or for a specific period the licensee’s engaging in specified procedures, methods, or acts.
	4.	Probation.
	5.	Require additional education or training.
	6.	Require a reexamination.
	7.	Order a physical or mental evaluation, or order alcohol and drug screening within a time specified by the board.
	8.	Impose civil penalties not to exceed $1000.
	9.	Issue a citation and warning.
	10.	Such other sanctions allowed by law as may be appropriate.
645—124.4(272C) Discretion of board. The following factors may be considered by the board in determining the nature and severity of the disciplinary sanction to be imposed:
	1.	The relative serious nature of the violation as it relates to ensuring a high standard of professional care for the citizens of this state;
	2.	The facts of the particular violation;
	3.	Any extenuating facts or other countervailing considerations;
	4.	The number of prior violations or complaints;
	5.	The seriousness of prior violations or complaints;
	6.	Whether remedial action has been taken; and
	7.	Such other factors as may reflect upon the competency, ethical standards, and professional conduct of the licensee.
645—124.5(154A) Order for mental, physical, or clinical competency examination or alcohol or drug screening. Rescinded IAB 1/14/09, effective 2/18/09.
These rules are intended to implement Iowa Code chapters 147, 154A and 272C.
[Filed 5/8/02, Notice 3/6/02—published 5/29/02, effective 7/3/02]
[Filed 8/14/03, Notice 5/28/03—published 9/3/03, effective 10/8/03]
[Filed 8/5/05, Notice 5/25/05—published 8/31/05, effective 10/5/05]
[Filed 10/31/05, Notice 8/31/05—published 11/23/05, effective 12/28/05]
[Filed 4/25/06, Notice 3/1/06—published 5/24/06, effective 6/28/06]
[Filed 12/11/08, Notice 9/24/08—published 1/14/09, effective 2/18/09]
[Filed ARC 9424B (Notice ARC 9317B, IAB 12/29/10), IAB 3/9/11, effective 4/13/11]1
[Editorial change: IAC Supplement 4/20/11]
[Filed ARC 0032C (Notice ARC 9800B, IAB 10/5/11), IAB 3/7/12, effective 4/11/12]
1	April 13, 2011, effective date of 124.2(6) delayed 70 days by the Administrative Rules Review Committee at its meeting held April 11, 2011.