(a) The “board” means the Mississippi State Board of Health.

(b) “License” includes a temporary license.

(c) “Hearing aid” shall mean any wearable instrument or device designed for or offered for the purpose of aiding or compensating for impaired human hearing and any parts, attachments, or accessories, including ear molds, but excluding such things as telephone devices, batteries and cords.

(d) “Hearing aid specialist” means an individual licensed by the board to engage in the practice of dispensing and fitting hearing aids.

(e) “Practice of dispensing and fitting hearing aids” means the evaluation or measurement of powers or range of human hearing by means of an audiometer and the consequent selection or adaptation or sale of hearing aids intended to compensate for hearing loss, including the making of an impression of the ear.

(f) “Sell” or “sale” means any transfer of title or of the right to use by lease, bailment, or any other contract, excluding wholesale transactions with distributors or dealers.

(g) “Unethical conduct” means:

(i) The obtaining of any fee or the making of any sale by fraud or misrepresentation.

(ii) Knowingly employing directly or indirectly any suspended or unlicensed person to perform any work covered by this chapter.

(iii) Representing that the professional services or advice of a physician or audiologist will be used or made available in the selling, fitting, adjustment, maintenance or repair of hearing aids when that is not true, or using the words “doctor,” “clinic,” “clinical,” and/or “research audiologist,” “audiologic,” or any other like words, abbreviations or symbols which tend to connote audiological or professional services, when such use is not accurate.

(iv) Permitting another to use his license or certificate or endorsement.

(v) Quoting prices of competitive hearing aids or devices without disclosing that they are not the present current prices, or showing, demonstrating, or representing competitive models as being current models when such is not the fact.

(vi) Imitating or simulating the trademarks, trade names, brands or labels of competitors with the capacity and tendency or effect of misleading or deceiving purchasers or prospective purchasers.

(vii) Defaming competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or by other false representations, or falsely disparaging the products of competitors in any respect, or their business methods, selling prices, values, credit terms, policies or services.

(viii) Stating or implying that the use of any hearing aid will restore or preserve hearing, prevent or retard progression of a hearing impairment.

(ix) Dispensing and selling a hearing aid to a child under the age of eighteen (18) years who has not been examined and cleared for hearing aid use by a licensed physician within a six-month period immediately prior to dispensing and selling the hearing aid.

(x) Representing himself as being an audiologist as defined in Section 73-38-3.