Current through Register Vol. XLI, No. 50, December 13, 2024
Section 8-1-9 - Advertising9.1. All advertisements to the general public offering replicas, descriptive literature on wearable hearing aids, hearing loss, etc., placed by an individual or organization whose business includes the merchandising of hearing aids shall be considered as advertising hearing aids for sale. 9.2. The licensee shall not advertise a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type, where it is established that the purpose of the advertisement is to obtain prospects for the sale of a different model or type. 9.3. The licensee shall not advertise that the service or advice of a person licensed to practice medicine will be used or made available in the selection, fitting, adjustment, maintenance, or repair of hearing aids when that is not true, nor shall the advertising use the words, "Doctor, "Clinic", or similar words, abbreviations or symbols which tend to connote the medical profession when the use is not accurate.9.4. The licensee shall not advertise using the words "Audiologist", "State Licensed Certified", "State Registered", "State Certified", "State Approved", or any other term, abbreviation, or symbol when it would falsely give the impression that service is being provided by persons holding a degree in audiology, or trained in clinical audiology, or that the licensee's service has been recommended by the state when that is not the case. The term "Certified Member" may be used when the certification has been granted by the National Hearing Aid Society: Provided, that it is made clear that the certification is granted by the National Hearing Aid Society and not by any college, university, or agency of this state.9.5. The licensee shall not advertise using a manufacturer's name or trademark which would imply that a relationship exists with that manufacturer when in fact it does not.9.6. In evaluating advertising, the Board may use all the available criteria (such as the regulations of the Federal Trade Commission, the code of ethics of the National Hearing Aid Society, the Hearing Aid Industry Conference, and the West Virginia Hearing Aid Society) and may regard a violation of any of these criteria as unethical conduct. 9.7. The hearing aid dealer must prominently display the following advisement: "Consumers may contact the West Virginia Board of Hearing Aid Dealers 179 Summers St Suite 715, Charleston, WV 25301, if the consumer believes that the hearing aid dealer has not satisfied the terms of the contract."