Section 43-20-16. Denial, nonrenewal, suspension, or revocation of licenses or permits; reprimands

   In addition to any other penalties as provided for in this chapter, the board is authorized to reprimand any licensee or permit holder under this chapter and to suspend, revoke, or otherwise sanction his license or permit for a fixed period, or may refuse to renew or may deny the license or permit, upon affording an opportunity for a hearing, for any of the following causes:

   (1) Conviction of, or a plea of nolo contendere to, a felony or a misdemeanor involving moral turpitude. The record of conviction or plea or a copy thereof certified by the clerk of the court shall be conclusive evidence of such conviction or plea;

   (2) Procuring of a license or permit by fraud or deceit;

   (3) Selling, bartering, or offering to sell or barter a license or permit;

   (4) Purchasing or procuring by barter a license or permit with intent to use it as evidence of the holder's qualifications to practice the dispensing of hearing aid devices or instruments or to sell such devices or instruments;

   (5) Altering a license or permit with fraudulent intent;

   (6) Using or attempting to use as a valid license or permit a license or permit which has been purchased, fraudulently obtained, counterfeited, or materially altered;

   (7) Willfully making a false statement in an application for a license or permit or application for renewal of a license or permit;

   (8) Being found guilty of unethical conduct by the board or by some other tribunal or court of law. Unethical conduct shall include:

      (A) Fraud or misrepresentation in the dispensing of a hearing aid;

      (B) Knowingly employing, directly or indirectly, any suspended or unlicensed person to perform any service covered by this chapter;

      (C) Using, or causing or promoting the use of, any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however disseminated or published, which is misleading, deceptive, or untruthful;

      (D) Advertising 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 and where it is determined that the purchase of the advertisement is to obtain prospects for the sale of a different model or type than that advertised;

      (E) Representing that the services or advice of a licensed physician or an audiologist will be used or made available in the selection, adjustment, maintenance, or repair of hearing aids when that is not true or using the words "hearing center," "doctor," "ear specialist," "clinic," "clinical audiologists," "state licensed clinic," "state registered," "state certified," "state approved," or any other term, abbreviation, or symbol when it would falsely give the impression that one is being treated medically or that the licensee's or permit holder's service has been recommended by the state;

      (F) Representing or implying that a hearing aid device or instrument is or will be "custom made," "made to order," "prescription made," or in any other sense specially fabricated for an individual person when such is not the case;

      (G) Representing that a recommendation for a specific brand or model aid or source of product or service has resulted from an unbiased or impartial process when such is not the case;

      (H) Permitting another to use his license or permit;

      (I) Advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist;

      (J) Giving or receiving, directly or indirectly, or offering to give or receive money or anything of value to any person who advises another in a professional capacity as an inducement to influence or have such person influence others to purchase or contract to purchase any product sold or offered for sale by a licensee or permit holder or to influence persons to refrain from dealing in the products of competitors;

      (K) Selecting or fitting a hearing aid for a person who has not been given the appropriate tests utilizing procedures and instrumentation as specified by this chapter or by the rules and regulations of the board; or

      (L) Committing any other professionally immoral act;

   (9) Practicing while suffering from a contagious or infectious disease;

   (10) Dispensing hearing aids under a false name or alias;

   (11) Violating any of the provisions of this chapter or the rules and regulations promulgated by the board; or

   (12) Gross incompetence or negligence in dispensing hearing aids.

Ga. L. 1970, p. 653, § 16; Code 1933, § 84-5617, enacted by Ga. L. 1978, p. 1728, § 1; Ga. L. 1982, p. 3, § 43.