MARVIN MANDEL, Governor                      1455

OF A PHYSICIAN OR A MEMBER OF RELATED PROFES-
SIONS, MAY MAKE AUDIOGRAMS FOR THE PROFES-
SIONAL'S USE IN CONSULTATION WITH THE HARD-OF-
HEARING.

(5) "Unethical conduct" means:

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

(ii) Employing directly or indirectly any suspended or unregis-
tered person to perform any work covered by this subtitle.

(iii) Using or causing or promoting the use of any advertising
matter, promotional literature, testimonial, guarantee, warranty,
label, brand, insignia, or any other representation, however dis-
seminated or published, which is misleading, deceiving, improbable,
or untruthful.

(iv) Advertising a particular model, type, or kind of hearing aid
for sale when purchasers or prospective purchasers responding to
the advertisement cannot purchase or are dissuaded from purchasing
the advertised model, type, or kind where it is established that the
purpose of the advertisement is to obtain prospects for the sale of a
model, type, or kind different from that advertised.

(v) 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 aids if that
is not true, or using the word "doctor," "clinic" or other like words,
abbreviations, or symbols which tend to connote the medical profes-
sion if this use is not accurate.

(vi) Permitting another to use his certificate.

726.    Certificate of Registration Required; Posting.

No person shall engage in the sale or practice of fitting hearing
aids or display a sign or in any other way advertise or hold himself
out as a person who practices the fitting of hearing aids unless he
holds a current, unsuspended, unrevoked certificate of registration
issued by the Board as provided in this subtitle, or unless he holds a
current, unsuspended, unrevoked certificate of endorsement pursuant
to Section 732 (b) of this subtitle. The certificate required by this
Section shall be kept conspicuously posted in his office or place of
business at all times.

727.    Receipts PROCEDURAL REQUIREMENTS.

(A) Any person who practices the fitting of or dealing in hearing
aids shall deliver to each person supplied with a hearing aid, by him or
at his order or direction, a receipt which contains his signature and
shows the address of his regular place of practice and the number of
his certificate, together with a specification of the hearing aid fur-
nished and the amount charged therefor.

(B) ANY PERSON ENGAGING IN THE FITTING AND
SALE OF HEARING AIDS, WILL, PRIOR TO ENGAGING
IN SUCH PRACTICE WITH A CHILD TWELVE (12) YEARS
OF AGE OR UNDER, ASCERTAIN WHETHER THE CHILD