Unprofessional conduct.

"Unprofessional conduct" includes, in addition to the definition in Section 58-1-501: (1) using or employing the services of an optometric assistant to assist a licensee in any manner not in accordance with: (a) the generally recognized practices and standards of ethics of the profession; or (b) applicable state law or division rule; (2) failure to refer a patient to an appropriate licensed practitioner when: (a) the patient's condition does not respond to treatment; or (b) the treatment is not within the scope of competence or licensure of the licensee; (3) providing confidential information regarding a patient to any third party who does not have a legal and professional ground for obtaining the information; (4) knowingly prescribing, selling, giving away, or administering any prescription drug unless: (a) for a legitimate medical purpose; (b) upon a proper diagnosis indicating the use of the drug in the amount prescribed or provided; and (c) in compliance with Section 58-17b-309; (5) giving or receiving directly or indirectly any fee, commission, rebate, or other compensation for professional services not actually and personally rendered, except as part of a legal relationship within a lawful professional partnership, corporation, or association; (6) failure to transfer pertinent and necessary information from a patient's medical records to another optometrist or physician when the patient or the patient's representative, as designated in writing, requests; (7) failure to provide a contact lens prescription to a person that sells contact lenses in accordance with Section 58-16a-306; or (8) falsely making an entry in, or altering, a medical record with the intent to conceal: (a) a wrongful or negligent act or omission of an individual licensed under this chapter or an individual under the direction or control of an individual licensed under this chapter; or (b) conduct described in Subsections (1) through (7) or Subsection 58-1-501(1).