2013 Maryland Code
HEALTH OCCUPATIONS
§ 2-314 - Denials, reprimands, suspensions, and revocations -- Grounds

§2-314.

Subject to the hearing provisions of § 2-315 of this subtitle, the Board may deny a license or limited license to any applicant, reprimand any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, or suspend or revoke a license or limited license if the applicant, licensee, or holder:

(1) Fraudulently or deceptively obtains or attempts to obtain a license or limited license for the applicant, licensee, or holder or for another;

(2) Fraudulently or deceptively uses a license or limited license;

(3) Commits fraud or deceit in the practice of audiology, hearing aid dispensing, or speech-language pathology, or assistance of the practice of speech-language pathology;

(4) Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

(5) Obtains a fee through fraud or misrepresentation;

(6) Directly or indirectly employs any unlicensed person or any person whose license or limited license has been suspended;

(7) Uses or promotes or causes the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or other representation;

(8) In the practice of audiology, hearing aid dispensing, or speech-language pathology, or assistance of the practice of speech-language pathology:

(i) Falsely represents the use or availability of services or advice of a physician; or

(ii) Misrepresents the applicant, licensee, or holder by using the word “doctor” or any similar word, abbreviation, or symbol if the use is not accurate;

(9) Permits another person to use the license of the licensee or limited license of the holder;

(10) Commits any act of unprofessional conduct in the practice of audiology, hearing aid dispensing, or speech-language pathology, or the assistance of the practice of speech-language pathology;

(11) Violates any lawful order given or regulation adopted by the Board;

(12) Violates any provision of this title;

(13) Provides professional services while:

(i) Under the influence of alcohol; or

(ii) Using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;

(14) Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(15) Practices audiology, hearing aid dispensing, or speech-language pathology, or assists in the practice of speech-language pathology with an unauthorized person or supervises or aids an unauthorized person in the practice of audiology, hearing aid dispensing, or speech-language pathology, or assistance of the practice of speech-language pathology;

(16) Knowingly makes or files a false report or record in the practice of audiology, hearing aid dispensing, or speech-language pathology, or assistance in the practice of speech-language pathology;

(17) Knowingly fails to file or record any report as required by law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(18) Submits a false statement to collect a fee;

(19) Is professionally, physically, or mentally incompetent;

(20) Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(21) Behaves immorally in the practice of audiology, hearing aid dispensing, or speech-language pathology, or assistance of the practice of speech-language pathology;

(22) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; or

(23) Pays or agrees to pay any sum to any person for bringing or referring a patient.

§ 2-314 - 1. Hearing aid dispensers and audiologists -- Medical examination

(a) "Medical examination" defined. -- In this section, "medical examination" means a physical examination of the ear of an individual by an otolaryngologist, otologist, or other physician.

(b) Required. --

(1) Before an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or hearing aid dispenser shall determine whether the individual has had a medical examination within the 6 months before the hearing aid service is to be provided.

(2) Unless an audiologist or a hearing aid dispenser determines that an individual has had a medical examination within the period set under paragraph (1) of this subsection, the audiologist or hearing aid dispenser:

(i) Shall give the individual a written recommendation that the individual obtain a medical examination; and

(ii) Except as provided in subsection (c) of this section, may not sell a hearing aid to the individual until the individual provides to the audiologist or the hearing aid dispenser satisfactory written evidence that the individual has had a medical examination within the 6 months before the hearing aid is provided.

(c) Exceptions. --

(1) An audiologist or a hearing aid dispenser may sell a hearing aid to an individual without complying with the requirements of subsection (b)(2)(ii) of this section only if the services are:

(i) Limited to replacement of a hearing aid; or

(ii) Provided to an individual who:

1. Is at least 18 years old; and

2. Before a hearing aid is provided, signs a written waiver of the medical examination that otherwise is required under subsection (b)(2)(ii) of this section.

(2) Each audiologist or hearing aid dispenser shall keep a copy of each signed waiver.

§ 2-314 - 2. Misleading or untruthful advertisements and representations regarding services

While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not:

(1) Advertise a particular model, type, or kind of hearing aid for sale while intending:

(i) 1. Not to allow an individual who responds to the advertisement to buy the hearing aid advertised; or

2. To dissuade an individual who responds to the advertisement from buying the hearing aid advertised; and

(ii) To obtain for a prospective buyer a model, type, or kind of hearing aid that differs from that advertised; or

(2) Falsely represent the use or availability of services or advice of a physician for providing hearing aid services.

§ 2-314 - 3. Hearing aid dispensers -- Misrepresentation of qualifications of place of business

While practicing hearing aid dispensing, a hearing aid dispenser may not misrepresent the place of business of the person by use of the word "clinic" or any similar word, abbreviation, or symbol to indicate falsely that a medical service is provided at that place.

§ 2-314 - 4. Hearing aid dispensers -- Use of false name

A person may not practice hearing aid dispensing under a false name.

§ 2-314 - 5. Hearing aid dispensers and audiologists -- Unlawful inducements

While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not directly or indirectly give or offer to give anything of value to another person who provides professional services to clients, if the thing of value is given to induce the person receiving the thing of value to:

(1) Buy a product or service from the person giving the thing of value;

(2) Refrain from buying a product or service of a competitor of the person giving the thing of value; or

(3) Influence another to:

(i) Buy a product or service from the person giving the thing of value; or

(ii) Refrain from buying a product or service of a competitor of the person giving the thing of value.

§ 2-314 - 6. Door-to-door solicitation of hearing aid sales

(a) Prohibited solicitations. -- Subject to subsection (b) of this section, a person may not sell or attempt to sell a hearing aid to any person by door-to-door solicitation.

(b) Authorized solicitations. -- Subsection (a) of this section does not apply to a solicitation that is made:

(1) At the request of the solicited individual; or

(2) In response to an inquiry from the solicited individual.

§ 2-314 - 7. Unfair or deceptive trade practices in provision of hearing aid services

While practicing audiology or hearing aid dispensing, a person may not engage in an unfair or deceptive trade practice, as defined in § 13-301 of the Commercial Law Article.

§ 2-314 - 8. Receipts for hearing aids

Each time an audiologist or a hearing aid dispenser sells a hearing aid to an individual, the audiologist or the hearing aid dispenser shall give the individual a receipt that includes:

(1) The name and address of the regular place of business of the audiologist or the hearing aid dispenser;

(2) The license number of the audiologist or the hearing aid dispenser;

(3) The make, model, and serial number of the hearing aid provided;

(4) If the hearing aid is used or reconditioned, a statement that indicates that the hearing aid is used or reconditioned;

(5) The amount charged for the hearing aid;

(6) The total refundable amount of the hearing aid if it is returned within 30 days as provided in the Hearing Aid Sales Act, Title 14, Subtitle 25 of the Commercial Law Article; and

(7) The signature of the audiologist or the hearing aid dispenser.

§ 2-314 - 9. Suspension, revocation, reprimand or probation -- Additional penalties

(a) Imposition. -- If after a hearing under § 2-315 of this subtitle, the Board finds that there are grounds under § 2-314 of this subtitle to suspend or revoke a license or to reprimand a licensee or place a licensee on probation, the Board may impose a penalty not exceeding $ 5,000 in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

(b) Regulations. -- The Board shall adopt regulations to set standards for the imposition of penalties under this section.

(c) Disposition of penalties collected. -- The Board shall pay any penalty collected under this section into the General Fund of the State.