§ 08-11-080

(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,

h 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.