17-84-101. Definitions.

17-84-101. Definitions. As used in this chapter: (1) “Board” means the Arkansas Board of Hearing Instrument Dispensers; (2) “Current” means valid, effective, unexpired, or unsuspended and unrevoked with reference to a license or internship; (3) “Established place of business” means a place of business at a permanent address in the State of Arkansas or, if outside the state, within seventy-five (75) miles of the Arkansas state line, which is open to the public during normal business hours at least thirty-two (32) hours per week; (4) “Hearing instrument” means any instrument or device worn in or behind the ear designed for or represented as aiding, improving, amplifying, or correcting human hearing and any parts, attachments, or accessories of such an instrument or device; (5) “In-office assembled hearing instrument” means an instrument built by the hearing instrument dispenser or under his or her supervision from components, including a premanufactured faceplate and a shell made by the dispenser or made under his or her supervision; (6) “License” and “internship” mean, respectively, license as provided for in § 17-84-306 and internship as provided for in § 17-84-304; (7) “Licensed” means holding a current license; (8) “Practice of dispensing hearing instruments” means conducting and interpreting hearing tests for purposes of identifying the type and degree of hearing loss and making proper recommendations based on those results, selecting suitable hearing instruments, making earmolds or ear impressions, and providing appropriate counseling pertaining to the selling, renting, leasing, pricing, delivery, and warranty of hearing instruments; (9) “Sponsor” means a licensed person who trains and directly supervises an intern; and (10) “Unethical conduct” includes, but is not limited to: (A) Obtaining any fee or making any sale by fraud or misrepresentation; (B) Employing directly or indirectly any unlicensed person to perform any work covered by this chapter; (C) Using or causing or promoting the use of any advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representation, however made, that is misleading or untruthful; (D) Advertising a particular model, type, or kind of hearing instrument for sale when prospective purchasers responding to the advertisement cannot purchase or are dissuaded from purchasing the advertised model, type, or kind if the purpose of the advertisement is to obtain prospects for the sale of a model, type, or kind other than that advertised; (E) Falsely representing that the services 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 instruments or using the words “doctor”, “audiologist”, or “clinic” or like words, abbreviations, or symbols that suggest the medical profession when such use is not accurate; (F) Permitting another to use the holder's license or internship certificate; (G) In any manner making false representations concerning a competitor or his or her products, business methods, selling prices, values, credit terms, policies, services, reliability, ability to perform contracts, credit standing, integrity, or morals; (H) In any manner using, imitating, or simulating the trademark, trade name, corporate name, brand, model name, or number or label of any competitor, manufacturer, or product when it implies or represents a relationship that does not exist; (I) Obtaining information concerning the business of a competitor by bribery of any employee or agent of the competitor, by the impersonation of one in authority, or by any other unfair or deceptive means; and (J) Directly or indirectly giving or offering to give anything of value to any person who advises others in a professional capacity as an inducement to influence others to purchase products sold by a hearing instrument dispenser or to refrain from dealing with a competitor.