(a) After a hearing, the department may impose a disciplinary sanction on an audiologist when the department finds that the licensee
(1) secured a license through deceit, fraud, or intentional misrepresentation;
(2) engaged in deceit, fraud, or intentional misrepresentation in the course of practicing audiology;
(3) advertised professional services in a false or misleading manner;
(4) has been convicted of a felony or other crime that affects the person's ability to continue to practice competently and safely;
(5) continued to practice audiology after becoming unfit due to
(A) professional incompetence;
(B) use of drugs or alcohol in a manner that affects the person's ability to practice audiology competently and safely;
(C) physical or mental disability;
(6) permitted another person to use the licensee's license;
(7) employed a person who does not have a valid current license to practice audiology to perform work as an audiologist covered by this chapter;
(8) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.
(b) The department may not impose disciplinary sanctions on an audiologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the audiologist
(1) or another licensed health care provider is available to provide follow-up care;
(2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the audiologist is not the person's primary care provider and, if the person consents, the audiologist sends the records to the person's primary care provider; and
(3) meets the requirements established by the department in regulation.
(c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.
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