California's Speech-Language Pathology, Audiology, & Hearing Aid Dispensers Board (SLPAHADB) issues licenses to qualified practitioners and safeguards the public from licensees' unsafe and substandard practices. Given these functions, the agency receives complaints from the public and government organizations annually. After receiving a complaint, the board can take several disciplinary measures, including license suspension or cancellation.

So, if you are a speech therapist or audiologist and have been served with notice of investigation from the board, you should know that your practicing permit is on the line. Thankfully, at Santa Cruz License Attorney, we can assist you in navigating the intricacies of the claim and protect you from any disabilities stemming from the administrative hearing.

Speech Therapists Roles

Also called speech-language pathologists, speech therapists are healthcare professionals who assist patients with speech impairments from various disorders to regain their speaking abilities. Many people, including those in Santa Cruz, must understand that many people have speech or hearing issues. Speech therapists undergo rigorous training and education to acquire the knowledge and skills necessary to assist people with speech impairments learn how to communicate.

As a speech therapist, you must help your patients with various aspects of their speech, including pronunciation, fluency, and rhythm. Additionally, you help your clients adjust to the desired accident, regional or foreign. 

Becoming a speech therapist is difficult, as you must dedicate much time, finances, and effort to practical education and training. Apart from the education and training, you must go through the license application process, pay the application fees, and pass the relevant tests before handling your first client or patient. Unfortunately, despite all the dedication, sacrifice, time, and money, a complaint filed against you can trigger license revocation and withdrawal by the board. You do not want a claim against you, valid or invalid, to let your hard work go down the drain. At Santa Cruz License Attorney, we will educate you about your rights and protect them to ensure you continue offering your services.

Audiologist Roles

An audiologist is a trained medical specialist who diagnoses, treats, and regulates concerns about hearing, balance, and ears. As an audiologist, your services are sought to address issues like:

  • Old age-related hearing problems.
  • Hearing problems caused by loss of balance due to an accident.

Before obtaining a practicing license in this field, you must undergo years of education and practical training. Even with your efforts to acquire the knowledge and skills to provide the best services, an unsatisfied patient or public member can initiate a claim against you, threatening your license.

Hearing Aid and Dispenser (HAD) Personnel Roles

HAD personnel diagnose and treat hearing conditions. Because hearing is related to body balance, professionals also treat balance problems to address the underlying hearing issue.

These professionals must be up to date with the latest hearing aid options in the market to recommend the best treatment options to their patients based on their diagnosed hearing needs and expectations. They should also understand the characteristics of all the available aids and explain them to the patients so that they can pick the most ideal.

People who commonly require HAD personnel's services are those whose hearing has been affected by old age, accidents, or chronic diseases.

Sadly, despite the good work performed by HAD personnel, clients unsatisfied with the result of their hearing aids can allege misdiagnosis or incompetency, leading to a complaint and a formal investigation by the board. These complaints are career-threatening, and you should take them seriously; otherwise, you risk severe disciplinary measures. An experienced license defense attorney can challenge the claim for a favorable outcome. Also, a dedicated attorney will ensure that you continue practicing and earning a living by preventing or convincing the court to lift an interim suspension that bars you from practicing while under investigation.

SLPAHADB Roles

SLPAHADB was established to protect consumers of hearing and speech services, not speech therapists, audiologists, or H.A.D. personnel. The board's role is to create guidelines, enforce laws, and guarantee quality speech and hearing services to consumers from qualified healthcare professionals. However, just because the board does not support you as a licensee does not mean they will be biased when you receive a claim. Nevertheless, based on their objective to safeguard the public, they will tend to believe the complaint against you and could be biased against your evidence, leading to an unfavorable outcome. Therefore, do not forget to lawyer up when dealing with the board to protect your rights.

A profound attorney will present mitigating circumstances and compelling evidence for a fair outcome. Your attorney also understands the most appropriate communication channels to contact the agency and how best to negotiate a fair settlement.

The board’s disciplinary guidelines are available on its website. The ALJ uses these guidelines in the administrative proceeding to make recommendations to the board. These rules aim to instill discipline. However, the judge can increase or decrease the disciplinary action depending on the mitigating and aggravating circumstances presented in the hearing.

Complaints that lead to disciplinary action against audiologists, H.A.D. personnel, and speech therapists include:

  • Sexual misbehavior toward patients.
  • Insurance fraud.
  • Fraudulent billing of unnecessary procedures.
  • Repeated or gross negligence.
  • A prior sentence for an offense substantially related to your professional license.
  • Incompetence or inferior quality services.
  • Not participating in mandatory continuing education programs.
  • Rejection of your continuing education program by the board.
  • Misleading advertising practices.
  • Receiving kickbacks for recommending particular hearing aids to patients.
  • Hiring unlicensed assistants.
  • Having an ongoing disciplinary procedure in another state.
  • Substance or alcohol abuse while attending to patients or during work hours.

The possible disciplinary measures the SLPAHADB can impose for these violations include:

Withdrawal or Suspension of Your License

If the board establishes that the accusations against you are true and an ALJ corroborates the same, the agency will ban you from practicing for a given duration. The withdrawal of your license will have serious consequences because finding a job will be difficult without a permit. If you are employed, you must inform your employer of the suspension, meaning you will be terminated or out of work until the license is reinstated. You will not have income, and your reputation will be dented for the duration of the permit withdrawal.

A Public Rebuke or Reprimand

Another disciplinary measure the board can impose is issuing a reprimand letter to warn you of the conduct that led to the allegations. A reprimand is issued for minor breaches, although severe consequences are attracted when made public or posted online on the licensing agency’s website. Your existing and potential clients will see it, making them doubt your competency or professionalism. Therefore, your clients will look elsewhere whenever they require speech or hearing services. During hiring, prospective employers can also discriminate against you based on the reprimand.

You can avoid the severe consequences of a reprimand letter by having your attorney convince the board not to make it public. By issuing a private reprimand, only you and the board will know about it, reducing the consequences that could have stemmed from the letter being made public.

Fine and Citations

After investigating a complaint, the most lenient punishment you will face is paying a fine or issuing a citation. Like a public reprimand, a citation is posted online for the public to view, which could hurt your reputation. Luckily, your attorney can fight it and convince the board to keep it private to enable you to attract new patients and retain the existing ones. Fines, even though the public will not learn about them, can cause financial strain because they are usually hefty and difficult to consolidate, particularly if you have not been practicing for the duration of the investigations.

License Revocation

The harshest punishment you can face for a violation is license cancellation or revocation. A revocation is more severe than a suspension because the duration of the license cancellation is unspecified, unlike a suspension, where the board states the timeline for the withdrawal.

Probation

Instead of being banned from practicing for an unspecified period, your attorney can convince the board to put a stay on the revocation and impose probation for a given period. Although probation is not the best result from the hearing, it lets you practice under strict terms. However, if there is a violation of the probationary terms, the probation will be canceled, and the initial license revocation will be reinstated. Therefore, even though you are considering probation over revocation, your attorney should convince the court to impose a reasonable probationary period and conditions to make it easy to adhere to.

You will have a chance to interact with your licensing agency during their official investigations. Nevertheless, only interact with these investigators with an attorney on your side. An experienced lawyer will share your account with the board and represent you in the hearing before an adjudicative law judge. Also, a profound attorney knows how to negotiate for lenient disciplinary measures and understands the administrative procedure in case the case goes to an ALJ.

The Steps Involved From the Complaint to SLPAHADB’s Decision

Anybody can file a complaint against you. The claim must be in writing and contain detailed information about the alleged violation. Nevertheless, the board only inquires if the complaint can be substantiated. Besides, SLPAHADB prioritizes claims to filter them and start inquiries on the most severe ones.

Upon reviewing a claim against you and establishing that the grounds provided are sufficient to warrant an investigation, the agency notifies you of the impending investigation. Usually, the board’s investigations focus on interviewing you, the accused, and the complainant. Alternatively, they can conduct a sting operation in your clinic or location for more proof.

Before you can respond to the notice, you should consult with your legal representative for guidance. An attorney will ensure you do not share incriminating information and file a defense on time.

Having an attorney early in the case is advantageous because they can assist you in overturning or lifting a temporary suspension if the board has withdrawn your license pending investigations. Inquiries take months and sometimes years. You do not want to stay this entire time without earning a living.

After investigations, the case moves to the findings stage. Here, the board prepares a statement of issues, the formal accusation. The statement contains proof gathered against you during investigations. Have your attorney scrutinize the document and find weaknesses in the evidence provided. When weaknesses are seen in the formal accusations and solid defenses against all your allegations are present, your attorney will convince the board to enter a settlement or drop the case to avoid an unfavorable outcome in the administrative proceeding.

The final step of the case is the administrative preceding. If no settlement is arrived at, the case goes to an ALJ judge who listens to the testimony from both sides. Your attorney should be prepared for the hearing by cross-examining witnesses, presenting testimonies in your favor, challenging the investigators' evidence, and submitting mitigating circumstances and exculpatory proof, leading to acquittal or lenient disciplinary measures.

After listening to both sides, the ALJ makes recommendations to SLPAHADB. The recommendations can be a case dismissal or formal disciplinary measures. SLPAHADB evaluates the recommendations and decides whether to adopt or disregard them. After they have made a decision, you will be notified.

Criminal Convictions that Affect your SLPAHADB Issued License

SLPAHADB reviews your criminal record during the license application or renewal process. A previous conviction that could adversely affect your performance of duties will result in scrutiny and possible denial or revocation of your license. Prior sentences that substantially relate to your audiology or speech therapy profession are:

  • Driving while drunk or drugged.
  • Sexual battery.
  • Insurance fraud.
  • Petit or grand theft.
  • Substance or alcohol abuse.
  • Simple possession.
  • Possession of controlled drugs for sale.
  • Domestic violence.

After an arrest for these crimes or filing criminal charges, the SLPAHADB can seek court directives to restrict your license, even before a guilty verdict. The agency seeks the restrictions to protect the public from harm.

Find a Competent License Defense Attorney Near Me

The demand for audiologists is high because of the increasing population of senior citizens, making your audiology license highly valuable. Also, with the number of immigrants on the rise, the demand for bilingual speech therapists is high. Technological advancements have also increased the need for hearing aid dispensers. Therefore, if you are having problems applying for any of these licenses or are under investigation by the board, you require a defense attorney on your side to defend your license and find ways to resolve your problems to safeguard your career. Contact Santa Cruz License Attorney now at 831-732-4390 to begin your journey toward protecting your career and livelihood.