conduct means any departure from or failure to conform to the minimal standards
of acceptable and prevailing practice and shall also include, but not be
limited to the provision of professional services which are detrimental to
person(s) being served.
(2) Dual relationship
means when more than one role occurs between the licensee and person(s) being
served professionally. A dual relationship is prohibited when the relationship
between the licensee and person(s) being professionally served involves a
sexual or intimate relationship or other conduct that constitutes a conflict of
(3) Committing an act of
sexual abuse or misconduct against a client means any unwelcome behavior of a
sexual nature that is committed without consent, by force, intimidation,
coercion, or manipulation. Sexual abuse or misconduct can be committed by a
person of any gender, and it can occur between people of the same or different
(4) Exploitation of a
client means to take unfair advantage of a person(s) being professionally
(5) Violating client
confidentiality means a failure to protect and keep confidential any personal
health information without the authorization or consent of person(s)
professionally served or where prohibited by law.
(6) Conflict of Interest
means personal, financial, or other considerations influenced or compromised
professional judgment and objectivity to person(s) professionally served.
(7) Informed consent means authorization by persons served,
research participants engaged, or parents and/or guardians of persons served to
a proposed course of action after the communication of adequate information
regarding expected outcomes and potential risks. Informed consent may be verbal
unless written consent is required.
(B) Preamble: Licensees shall hold
tantamount the health and welfare of person(s) served or participants in
(1) Licensees shall
respect and protect the inherent worth, integrity, dignity and rights of each
person served including his/her right of self determination.
(2) The relationship
between the professional and the person(s) served, supervised, or participants
in research makes it imperative that the professional is aware of the
vulnerability of the person(s) served, supervised, or participants in research;
licensees shall not:
(a) Discriminate in his/her relationships with person(s)
served supervised, or participants in research, colleagues, students, and
members of the allied professions on the basis of race, ethnicity, sex, gender
identity, age, religion, national origin, sexual orientation, disability,
culture, language, or dialect.
(b) Engage in sexual or intimate relations with the
person(s) served, supervised, or participants in research including committing
an act of sexual abuse, misconduct, or exploitation of the person(s) served,
including parents, step-parents, guardians, foster parents, or legal custodians
of a person under the age of eighteen.
(c) Harass or abuse person(s) served, supervised, or
participants in research.
(d) Engage in the fitting, dispensing or sale of hearing
aids except in a professional relationship.
(e) Engage in activities that are a conflict of
(3) Licensees shall use
reasonable precautions to protect the health and welfare of person(s) served in
the delivery of professional services and in research.
(4) Licensees shall be
proficient in areas within their scope of practice, objective in the
application of skills, and maintain concern for the best interests of person(s)
served or supervised, participants in research, colleagues, and society as a
(5) Licensees shall
practice within the established standards of practice and training recognized
by the international hearing society.
(6) To protect the public
confidence, public behavior shall reflect a high level of moral and ethical
(7) When making public
statements, licensees shall:
(a) Provide information about professional services and
products that do not contain misrepresentations or claims that are false,
deceptive, or misleading.
(b) Provide accurate information about the nature and
management of hearing loss and services rendered to persons served, supervised
professionally, or participants in research.
(c) Announce services in a manner consonant with
(8) Licensees shall not
mislead or limit services with person(s) served, supervised, or participants in
research based on professional or commercial affiliations.
(9) Licensees shall
subscribe to these principles and the code of ethics adopted by the board and
agree to abide by the rules of the board and Chapters 4744. and 4747. of the
(10) Licensees shall
report to the board any violation of the board rules or any breach of the code
of ethics that the licensee is aware of.
(11) Licensees who have
knowledge that a colleague is unable to provide professional services with
reasonable skill and safety shall report this information to the appropriate
authority, internally if a mechanism exists and, otherwise,
(12) Licensees shall
notify the board in writing of a conviction; been found guilty; or entered a
plea of guilty or nolo contendere to any felony or misdemeanor convictions,
other than minor traffic violations, including the case number and the court,
within thirty days from the date of the conviction, plea, or finding of
(13) Individuals who have
been publicly sanctioned or denied a license or a professional credential by
any professional association, professional licensing authority or board, or
other professional regulatory body shall self-report by notifying the board in
writing of the final action or disposition and shall provide a copy of the
final action, sanction or disposition within thirty days.
(C) Fundamental rules considered
essential. Violation of the code of ethics shall be considered unprofessional
(1) Licensees shall
maintain professional behavior.
(a) Licensees shall not engage in dishonesty, fraud,
deceit, misrepresentation, or other illegal conduct that adversely reflects on
the profession or the individual.
(b) Individuals shall
work collaboratively, when appropriate, with members of one's own
profession and/or members of other professions to deliver the highest quality
of care to person(s) served or participants in research.
(c) Licensees shall not practice under the influence of
illegal substances, alcohol, chemicals, or other health-related conditions that
adversely affect their professional practice and shall seek professional
assistance and, where appropriate withdraw from the affected areas of
(d) Licensees shall maintain a professional relationship
with the board.
(i) Licensees shall
conduct their practice according to Chapters 4744. and 4747. of the Revised
Code and agency 4744 and 4747 of the Administrative Code.
(ii) Licensees shall
cooperate with all lawful requests of the board within thirty calendar
(iii) The denial or
revocation of licensure in another state, or from another board in this state,
may result in denial or revocation of licensure by the board.
(e) Individuals shall not engage in sexual activities with
individuals (other than a spouse or other individual with whom a consensual
relationship exists) over whom they exercise professional authority, judgment,
or supervision, with persons receiving services, including parents,
step-parents, guardians, foster parents, or legal custodians of a person under
the age of eighteen, support personnel, students, or research
(2) Licensees shall
maintain records and keep confidentiality of person(s) served,
(a) Maintaining adequate and timely records of professional
(b) Providing appropriate access to records of person(s)
(c) Not disclosing to unauthorized persons any confidential
information obtained from any person(s) served, supervised professionally, or
participants in research without the written consent of person(s) served or
his/her legal guardian unless required by law.
(d) Being compliant with all state and federal laws and
regulations relating to records keeping, records access and patient
(3) Licensees shall
exhibit professional behavior in the delivery of services by:
(a) Accurately representing his/her education, training,
credentials and competence.
(b) Providing only services for which he/she is properly
(c) Continuing their professional development to enhance
their professional competence and expertise throughout their
(d) Providing reasonable notice and information about
alternatives for obtaining care in the event that the licensee can no longer
provide professional services.
(e) Fully informing person(s) served of the nature and
possible effects of service.
(f) Using all reasonable precautions to avoid injury to
persons in the delivery of professional services including but not limited to
guidelines for infection control.
(iii) Safety guidelines
(g) Providing only services and products that are in the
best interest of person(s) served.
(h) Evaluating services rendered and products dispensed to
(i) Ensuring that all equipment used in the provision of
services is in proper working order and is properly calibrated.
(j) Not withstanding rule 4747-1-13 of the Administrative
Code, not guaranteeing the results of any professional service rendered or
hearing aid device or product dispensed to the person(s) served.
(k) Not withstanding rule 4747-1-13 of the Administrative
Code, guaranteeing of any sort, express or implied, oral or written, is
contrary to professional ethics.
(l) Using every resource available, including referrals to
other specialists as needed, to effect maximum improvement in person(s) served.
(i) Identify competent,
dependable referral sources for person(s) served professionally.
(ii) Include referrals to
other appropriate healthcare professionals when the scope and nature of the
indicated hearing tests is beyond the training of the licensee.
(iii) Not order excessive
hearing tests or dispense hearing aids when not warranted by the condition of
the person(s) served.
(iv) Make use of
technology and instrumentation consistent with accepted professional guidelines
in their areas of practice. When such technology is not available, an
appropriate referral shall be made.
(m) Licensees shall be compliant with all state and federal
laws and regulations governing the sale, fitting and dispensing of hearing aids
and hearing aid products.
(n) Licensees shall not disparage the goods, services or
business of another by false representation of fact.
(4) Licensees supervising
trainee permit holders: shall prohibit anyone under their supervision from
engaging in any act that violates Chapters 4744. and 4747. of the Revised Code
or agency 4744 and 4747 of the Administrative Code including the code of
(a) Supervisors of trainee permit holders
(i) Provide direct and
indirect supervision as required by the boards laws and
(ii) Maintain adequate
records of direct and indirect supervision rendered.
(iii) Not delegate any
service requiring the professional competence of a licensed hearing aid fitter
to anyone unqualified.
(iv) Assume full
responsibility of services provided by the trainee.
(v) Not offer services by
a trainee for whom they do not provide appropriate supervision.
(vi) Ensure trainees
under their supervision do not represent himself/herself to the public as a
hearing aid fitter.
(5) Licensees performing
(a) Ensure persons selected for research participate
voluntarily, without coercion, with informed consent. Licensees shall also
protect the participants' right to privacy, including but not limited to
personal health information.
(b) Inform person(s) served and research subjects about the
nature and effects of research activities.
(c) Use established methods and techniques in
(d) Exercise all reasonable precautions to protect the
health and welfare of person(s) and their rights.
(e) Assign credit to those who have contributed to a
publication and development of materials in proportion to their
(f) Credit reference sources.
(g) Honestly and accurately report findings in a
(h) Enter into agreements with those funding research that
allow the researcher to honestly and accurately report findings even when
results of research do not positively reflect on the funding source and/or the
funding source's services or products.
(i) Disclose funding sources of research resulting in
publications, presentations, products, and/or clinical procedures, and/or cited
(j) Comply with all
institutional, state, and federal regulations that address any aspects of
research, including those that involve human participants and
(6) Business practices
shall be compliant with regional, state and federal laws.
(a) Licensees shall:
(i) Charge fees
commensurate with services rendered.
(ii) Not charge for
services not rendered.
(iii) Abide by federal,
state and regional laws regarding billing for services and products
(iv) Not enter into
relationships, which pose a conflict of interest and shall not engage in
commercial or professional activities that conflict with the licensees
responsibilities to the person served or participants in research.
(b) Licensees who present or participate at meetings and/or
consultants who provide instruction may receive reasonable honoraria and
reimbursement of travel, lodging and meal expenses from manufacturers, dealers
distributors and sales persons of prosthetics or other devices or
(c) Licensees who present or participate at meetings and/or
consultants who provide instruction shall disclose to participants potential
conflicts of interest.
(d) Kickbacks in violation of federal and state statutes
shall not be accepted.
(e) Licensees shall be compliant with state and federal
laws and regulations regarding business practices, sales practices, including
safe harbor and antitrust laws.