Unlawful conduct.

"Unlawful conduct" includes: (1) a licensee conducting a deception detection examination: (a) outside of the physical presence of the subject of the examination; (b) on the subject of the examination by use of any electronic means, including the telephone; and (c) through any surreptitious means when the subject of the examination is not aware of the examination; and (2) conducting a deception detection examination if the individual performing the deception detection examinations is located outside of the state and performs a deception detection examination by any electronic means upon a person located within the state.