Apart from someone’s appearance, the sound of their voice is the first way to make a first impression when interacting with others.  Unfortunately, some people have difficulties communicating and will need the help of a speech-language pathologist or audiologist.

Becoming a speech-language pathologist, audiologist, or hearing aid dispenser takes years of education, training, and passing the licensing examination. As a licensed professional, you must follow the practice and ethical guidelines set forth by the California Speech-Language Pathology, Audiology, and Hearing Aid Dispensers Board.

Failure to follow the regulations could result in misconduct allegations, an administrative hearing, and potential disciplinary action. Disciplinary action imposed by the board may range from simple warnings to license suspension or revocation. Therefore, if you are under investigation or are preparing for your administrative hearing in San Bernardino, CA, you will benefit from the legal guidance we offer at San Bernardino License Attorney.

Role of Speech-Language Pathologists

Speech pathologists play a significant role in assessing, preventing, diagnosing, and treating communication disorders in children and adults. Language disorders occur when people have trouble understanding others and communicating their thoughts. As a language speech pathologist, you help patients with fluency and rhythm, among other disorders.

Role of Audiologists

Audiologists diagnose and manage various hearing issues. They may also deal with balance problems related to hearing.

Hearing Aid Dispensers

A hearing aid dispenser specializes in determining the extent of different hearing difficulties and issuing devices that help patients improve their hearing functions.

You must undergo extensive education and practice to gain a license for speech pathology, audiology, or hearing aid dispensers. California Speech Pathology does the issuance and regulation of your license. The board constantly assesses your conduct, and violations reported against you can result in severe repercussions for your license.

Common Forms of Misconduct by Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers

Your professional license could be at stake if you are reported for the following forms of misconduct:

Negligent Conduct

As a licensed professional, you are expected to offer safe and reliable services for all your patients. You must ensure that all your patients are free from harm during your service provision. Under California law, negligence involves acting in a manner that jeopardizes other people's safety. Common forms of negligence include:

  • Abandoning and hurting patients.
  • Failure to correctly supervise their assistants.
  • Failure to keep proper patient records.
  • Recommending and performing unnecessary treatment procedures.

Negligent practice as a speech-language pathologist could be reported to the Speech-Language Pathology and Audiology Board by a patient, caregivers, or your employer. In this case, you will be investigated and face potential disciplinary action. The nature of the disciplinary action you risk facing will vary depending on the impact of your negligence on the patient’s wellbeing.

Sexual Misconduct (Business and Professions Code 726)

Whether you work in homes for the elderly, hospitals, or private practice, your relationship with your patients should remain professional.

Since the patients who require the services of an audiologist and speech-language pathologist may have difficulties communicating, they are vulnerable to different forms of abuse. Engaging in sexual contact with your patients is a violation of the code of ethics and could result in severe disciplinary measures by the board.

Unlicensed Practice

You must undergo years of education, training, and supervised practice to obtain your speech pathology license. Your license is the ticket to practice in your profession. Offering speech pathology or audiology services without a license is a form of misconduct. You can be cited for this misconduct if you practice on a suspended or revoked license or when your application is denied.

Substance Abuse

Most people assume that what you do during your free time has nothing to do with your profession. However, while the use of alcohol and drugs is a personal choice, it can impact your ability to offer safe and reliable services as a speech-language pathologist or audiologist.

Your license and career could be in the balance if you are under investigation by the board for substance abuse. Your situation is more dire when you're intoxicated at the place of work or you have a history of addiction.

Criminal Convictions (Business and Professions Code 2236)

Facing an arrest and criminal charges in California can be a daunting experience. The thought of spending time behind bars and paying hefty fines after a conviction can take a toll on your life. For licensed speech pathologists and audiologists, a criminal conviction can pose an additional risk for your practice license.

When your conviction is reported to the board, an investigation will be conducted into the factors resulting in the sentence. The board will impose disciplinary action depending on the nature of your charges and their potential impact on your practice. Common crimes that could prompt your investigations and disciplinary action under BPC 2236 include:

  • Fraud.
  • Assault.
  • Domestic violence.
  • Driving under the influence of alcohol or drugs.
  • Sale and transportation of controlled substances.
  • Battery.
  • Public intoxication.
  • Lewd conduct with a minor.

Misleading Advertisements

State and federal laws regulate the advertisement of speech pathology and audiology services. You can be reported for misleading advertisement for:

  • Advertising discounted or free services that do not exist.
  • Using celebrity endorsements or testimonials.
  • Lying about the safety or effectiveness of a treatment procedure.
  • Misrepresentation of your credentials.

Such allegations are common for private practice professionals. Allegations of false advertising can result in fines, and the loss of your license is suspension or revocation.

Insurance Fraud

Insurance fraud by a speech pathologist or audiologist occurs when the professional provides false information to public or private insurance companies to obtain unauthorized benefits. This could include billing for services that were not provided or for patients that do not exist. Additionally, falsifying a patient’s diagnosis to obtain insurance money can result in allegations of insurance fraud.

If you are reported to the Board of Speech Language-Pathology or Audiology for insurance fraud, you risk facing grave disciplinary action, including license suspension or revocation. Insurance fraud is a criminal offense under California law. Therefore, you can still be charged and convicted in criminal court.

Disciplinary Process for Language Speech Pathologists, Audiologists, and Hearing Aid Dispensers

The disciplinary process for your license takes several steps, including:

Report of Misconduct

Your disciplinary case begins when your conduct is reported to the board. The reporting could be done by patients, families of patients, your colleagues, and employers. In cases of criminal convictions, the board will receive a report from the criminal justice system. After receiving the report, the board will notify you of the allegations. You will have the chance to respond to the licensing agency and inform them of your intention to fight against these allegations.

Investigations

The Board of Language-Speech Therapy and Audiology will launch an investigation to determine the nature of the allegations. This could be done by interrogating the witnesses, including the reporter. The board will review your criminal record if you are reported for a criminal conviction.

Consent Decree

The board can waive a formal hearing if you sign a consent decree. The consent decree is a form of agreement where you accept liability for the allegations and agree to face the board’s disciplinary action. The board will offer you a consent decree when substantial evidence supports the allegations against you. Before accepting the consent decree, you must discuss your options with your professional license attorney.

Formal Hearing

If you do not sign the consent decree, your case will go into a formal hearing. At this hearing, the board will present evidence against you. In return, your attorney can present a defense and witnesses to support your account of events. After assessing your case, the administrative law judge will determine your guilt or innocence. If you are found to have committed the allegations, you can face a wide range of disciplinary action, including:

  • Reprimand – A reprimand is a form of warning issued when the allegations against you are minor. Although the reprimand does not affect your license directly, it will remain on your record.
  • Fines.
  • License probation – If your license is placed on probation, you can continue to practice. However, you will be under supervision, and the board will impose some conditions you must follow through the probationary period.
  • License Suspension – During the license suspension period, you may be unable to practice. This can result in the loss of your job and clients. A license suspension lasts up to five years, depending on the nature of your violations.
  • License revocation – Unlike license suspension and probation, revoking your speech-language therapy license is a permanent decision. You can no longer practice in this field when your license is revoked.

Role of a License Defense Attorney When Your SLP License is at Risk

Losing your license in a suspension or revocation may affect your career and livelihood. Therefore, you want to do everything possible to defend against such disciplinary action. Hiring and retaining a reliable attorney is a significant step in protecting your license from the board’s harsh discipline. The role of your attorney in your case will include:

Ensuring You Understand the Nature of the Complaints

A complaint against a speech pathologist could be brought for a variety of reasons, including substance abuse, criminal convictions, negligent conduct, and fraud. While you will be will notified you of the complaint filed against you, you may be unable to understand the nature and possible consequences of the alleged misconduct.

A skilled attorney will help you understand the actions that could have resulted in the complaint and the potential implications if you are liable for the misconduct. This allows you to prepare your response and defense effectively.

Guide you through your Interactions with the Board

After receiving a notice of complaint from the board, you must respond, indicating your intentions to accept or defend against the allegations. The information you offer to the board when responding and for further interactions could dictate the outcome of your administrative hearing.

You can avoid disclosing information that will impact your case negatively by having a competent license defense attorney. Your attorney will guide you through what you can disclose and how to conduct yourself during the proceedings.

Build a Defense for Your Case

Although an administrative license hearing is less formal than a criminal case hearing, you can present a defense and convince the board to dismiss the case. Building a defense against the allegations brought against you will involve collecting evidence and finding witnesses to aid in disproving the allegations.

With their experience in license defense, your attorney will help you build a relevant defense to ensure a favorable outcome for your case.

Negotiate with the Board

By presenting mitigating factors for your case, your attorney can convince the board to dismiss your charges. If the board's case against you is strong, your lawyer can negotiate with the board officials to ensure a less severe disciplinary action that will not involve losing your license.

Guide You Through License Reinstatement

If you face a license suspension, you cannot practice in your field during the suspension period. However, you can reinstate your license when this period ends and you meet all the requirements. The license reinstatement process requires you to petition the board and prove that you have been rehabilitated.

A mistake in the license reinstatement process can result in the denial of your petition. Therefore, you will need your attorney to guide you through this process and allow you to return to your practice.

Find a Reliable License Defense Attorney Near Me

California law requires practicing Speech pathologists, audiologists, and hearing aid dispensers to be licensed, with a continuing requirement for license renewal. The employment prospects for your career as a speech-language pathologist or audiologist are promising due to the increasing elderly population in the state. This makes your license a valuable tool for your career and livelihood.

Unfortunately, your license could be at stake if you are reported to the licensing board for misconduct. Different forms of conduct could be reported, ranging from negligent conduct to fraud and criminal convictions. When a report of your misconduct reaches the board, an investigation will be conducted. After the investigation, you may need to attend a hearing where you can defend your license from potential disciplinary action.

Navigating the administrative hearing can be complicated. Therefore, you will need legal guidance. At San Bernardino License Attorney, we offer expiry legal guidance for all professionals battling administrative license proceedings in San Bernardino, CA. Call us at 909-966-4095 to discuss your case.