Full text of Utah Utah Code § 46a-501 — Unprofessional conduct., with citation guidance and answers to common questions.
§ 46a-501. Unprofessional conduct.
Effective 5/6/2026
58-46a-501.
Unprofessional conduct.
"Unprofessional conduct" includes:
| (1) | testing the hearing of a patient for any purpose other than to determine whether a hearing loss will be improved by using a hearing instrument; |
| (2) | failing to make an appropriate referral to a qualified health care provider with respect to a condition a licensed individual detects in a patient if the condition is generally recognized in the profession as one the licensed individual should refer; |
| (3) | designating a hearing instrument for a patient whose hearing will not be sufficiently improved to justify prescribing and selling the hearing instrument; |
| (4) | making false, misleading, deceptive, fraudulent, or exaggerated claims with respect to practice under this chapter and specifically with respect to the benefits of a hearing instrument or the degree to which a hearing instrument will benefit a patient; |
| (5) | failing to exercise caution in providing a patient a prognosis to assure the patient is not led to expect results that cannot be accurately predicted; |
| (6) | failing to provide appropriate follow-up care and consultation with respect to a patient to whom a hearing instrument has been prescribed and sold upon being informed by the patient that the hearing instrument does not produce the results the licensed individual represented; |
| (7) | failing to disclose in writing to the patient the charge for all services and hearing instruments prescribed and sold to a patient before providing the services or hearing instrument; |
| (8) | failing to refund fees paid by a patient for a hearing instrument and all accessories, upon a determination by the division that the patient has not obtained the recovery of hearing the licensed individual represented in writing before the sale of the hearing instrument; |
| (9) | paying a professional individual any consideration of any kind for referral of a patient; |
| (10) | failing, when acting as a supervising hearing instrument specialist or supervising audiologist, to provide supervision and training in hearing instrument sciences in accordance with Section 58-46a-302.5; |
| (11) | engaging in the practice as a hearing instrument intern when not under the supervision of a supervising hearing instrument specialist or supervising audiologist in accordance with Section 58-46a-302.5; |
| (12) | failing to describe in any advertisement, presentation, purchase, or trial agreement, the circuitry of a hearing instrument as being either "digital" or "analog" or other acceptable terms the division determines; |
| (13) | failing to follow the guidelines or policies of the United States Federal Trade Commission in any advertisement; |
| (14) | failing to adhere to the rules and regulations prescribed by the United States Food and Drug Administration as the rules and regulations pertain to the hearing instrument specialist; |
| (15) | failing to maintain all equipment used in the practice of a hearing instrument specialist properly calibrated and in good working condition; |
| (17) | fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than 18 years old unless the hearing instrument specialist receives a written statement that the individual's hearing loss has received a medical evaluation and that the individual may be considered a candidate for a hearing aid; and |
| (18) | fitting or testing an individual's hearing aid, or testing an individual's hearing if the individual is less than six years old. |
Amended by Chapter
140, 2026 General Session
Frequently Asked Questions About Utah § 46a-501
What does Utah Code § 46a-501 cover?
Section 46a-501 ("Unprofessional conduct.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 46a-501?
A common citation format is "Utah Code § 46a-501" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 46a-501 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
