California Speech-Language Pathology & Audiology & Hearing Aid Dispensers License Defense

Speech-Language Pathology and Audiology and Hearing Aid Dispensers License Defense

Speech pathologists and audiologists are closely regulated by a professional board that is tasked with administering and enforcing California law. To work in California, these professionals must be licensed by the Board after a thorough examination and written tests. In addition, there is a special license that is required to dispense hearing aids.

The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board acts to protect California consumers. The Board’s goal is to ensure minimum standards of competency. In that regard, the Board can prescribe new regulations and enforce the ones that it already has.

License Applications, Denials and Statement of Issues

Applying for your license is exciting because it is one of the last hurdles before you can begin your career. For many the application process with the Board is straightforward and simple. However, for some, past criminal convictions or other issues can lock them up. The attorneys at Unlock Legal will complete and file your application on your behalf to make sure that you have the best chance of having it granted.

If you have submitted your application and it has been denied, you are not locked out of your career. A denial of your application is called a Statement of Issues. We will defend you to the Board with the intention that you are granted your license free and clear. If you must be on probation, we will negotiate the best possible terms and conditions. A part of your defense may be cleaning up any past criminal issues to show your rehabilitation to the licensing body.

Investigation

If someone files a complaint against you with the Board, the Board may instigate an investigation against you. The attorneys at Unlock Legal will request a copy of the complaint, assist you in preparation of any statement, prepare you for the investigation interview, and represent you at the interview with the investigator. It is important to have experienced counsel with you at an investigation interview to assist you in answering any questions appropriately, and advising you when not to speak. With the right advice and counsel an investigation may end at the interview stage. If not, your licensing body may choose to file a formal complaint against you called an Accusation.

Accusations

An Accusation is a formal complaint drafted by the Attorney General’s office. It alleges various causes of action against you which may stem from conviction of a crime, and/or allegations of other bad acts like substance abuse, or deviation from the standard of care. You have only 15 days to send a Notice of Defense once you have been served with an Accusation. If you miss the deadline a default order may be rendered against you resulting in the revocation of your license.

It is imperative that you hire experienced counsel to represent you if an Accusation has been filed against you. Time is of the essence, and your career and livelihood is at stake.

Board Enforcement Investigations of Practitioners

One of the most important functions of the Board is when it investigates complaints filed against practitioners. The Board can also initiate an investigation on its own. In total, the Board opens approximately 150 investigations in a given fiscal year. Many of these are closed without any further actions, which is the best-case scenario for a practitioner. However, an investigation is a lengthy process that can take more than a year to complete. In the meantime, you are subjected to intense stress, and there is a cloud over your job.

The Board may take disciplinary action for the following reasons:

• Gross negligence or repeated acts of negligence
• Incompetence or poor quality of service
• Sexual misconduct with a client or patient
• A conviction that bears upon your fitness to practice
• Fraudulent billing practices or unnecessary treatments
• Insurance fraud
• Failure to meet continuing education requirements
• Continuing education was not accepted by the board
• Accused of continuing education fraud

Penalties That the Board Can Impose

The Board may take the following disciplinary actions:

• Revoking your license in its entirety
• Suspending your license
• Placing you on probation
• A public reprimand
• Referring your case to the attorney general for further investigation that can result in criminal or civil penalties

In some cases, the Board may punish you and suspend the punishment, so long as there are no further rule violations.

Since there is a lengthy process, you will not just simply receive a letter from the Board at the conclusion of the investigation informing you of the outcome of the proceedings. You will likely get a chance to engage with the Board during the investigation, oftentimes during a formal interview or request for information. You should never try to deal with the Board on your own. An experienced attorney can help you present your own story. Your case may go in front of an Administrative Law Judge, where the Board will need to prove its allegations against you.

The one constant is that you are entitled to due process. You can try to clear your name if you have been accused or even head off a formal accusation in the first place.

Petition for Reinstatement of License or Reduction of Penalties

If you have lost your license you are not locked out of the career of your choice. After a certain amount of time you are eligible to ask the Board to grant your license again. In addition, you can generally request that the terms and conditions of probation be modified or terminated early. The legal team at Unlock Legal has filed petitions for reinstatement for many clients who made one mistake, and who have paid the price. We love to demonstrate mitigating circumstances and rehabilitation to the Board to get our Speech-Language Pathology & Audiology & Hearing Aid Dispensers licensees back to work as soon as possible!

Contact a Speech-Language Pathology and Audiology and Hearing Aid Dispensers License Defense Attorney Today

The attorneys at Unlock Legal help professionals who face misconduct accusations or investigations. We work with you and either communicate directly with the Board or fight for you at a disciplinary hearing.