The California Board of Speech-Language Pathology, Audiology, and Hearing Aid Dispensers receives many yearly complaints. The complaints are received from the public, self-reports, court orders, and other boards. If you are a hearing aid dispenser, a speech-language pathologist, or an audiologist facing disciplinary action or investigation, you should contact a licensed defense attorney immediately.
Our team at Kern County License Attorney has the expertise and resources to offer skilled representation and help you avoid penalties. Call us once you receive a complaint so that we can investigate and gather the necessary information to address your case.
Understanding a Speech-Language Pathologist’s Role
Speech-language pathologists or speech therapists assist people who have trouble speaking due to various disorders. Some people find basic communication challenging, even though many take hearing and talking for granted. A speech-language pathologist can use their expertise to help these individuals.
They work with clients to address fluency, rhythm, pronunciation, and other speech problems. They also help clients modify a foreign or regional accent.
Becoming a licensed speech-language pathologist requires training and extensive learning. Working with your client requires considerable effort, time, and money. Despite this, your career can be at risk from an accusation that could not be legitimate.
Who is An Audiologist?
An audiologist diagnoses and treats various hearing problems. If you notice a difference in hearing or worry about potentially losing your hearing, you can seek the help of an audiologist. Audiologists address hearing issues and balance problems. Hearing and balance are connected in the way the body functions.
Your dedication, education, and training have helped you become a certified audiologist. You always aim to provide the best care possible. However, it is common for patients or other individuals to file complaints against you. This could put your profession at risk.
The Role of Hearing Aid Dispensers
If someone experiences hearing loss due to an accident, a long-term condition, or aging, they could require a hearing aid to continue enjoying life as before.
Hearing aid dispensers help to determine the extent of a patient’s hearing loss. They can also recommend the most suitable hearing aids to enhance their hearing. To perform your duties effectively, you should know the different hearing aid types in the market. You should also know how to explain the different features of every kind to the patient and help them choose the most suitable one for their needs.
Some patients may be unhappy with hearing aid results during your practice. In some cases, patients might claim that you made an incorrect diagnosis. It is possible to face a complaint that could put your career at risk.
Suppose you have a professional license as an audiologist, speech-language therapist, or hearing aid dispenser, and your license or reputation is in danger. In that case, you should contact an experienced license defense attorney as soon as possible.
The Board takes any complaint very seriously. They have the authority to suspend or revoke licenses and impose other professional penalties that could impact your career. A skilled license defense lawyer can advocate on your behalf and work to achieve the best possible outcome for the case. They can also help protect your license and career, allowing you to continue working even while under investigation.
Role of the Licensing Board
The board overseeing audiologists, speech-language pathologists, and a hearing aid dispenser was created to protect consumers and the public from poor or unsafe practices, not to serve the interests of the professionals.
The board does not take sides when it receives an accusation against you, whether in writing or through its consumer affairs site. The board focuses on its mission to address complaints, which sometimes means it might not fully consider evidence supporting the professional being complained about.
The licensing board has outlined several disciplinary measures, which you can find online. These rules help guide the presiding judges during hearings about accusations or complaints. They provide general standards for discipline, but the exact consequences can be adjusted based on what both the prosecutor and defense team present.
Possible Violations and Types of Disciplinary Measures Taken
One of the board's key roles is investigating complaints filed against practitioners. The Board can also start an investigation on its own if needed. Each year, the Board opens around 150 investigations. Many of these investigations have been closed without any further action being taken.
However, the investigation process can be lengthy, often lasting over a year. During this time, you may experience significant stress and uncertainty about your career.
The Board may take disciplinary action for several reasons, including the following:
- Insurance fraud
- Violating required professional experience regulations
- Unprofessional behavior
- Substance abuse, if it occurs during work hours or while treating patients
- Allowing unlicensed individuals to operate under your watch when it is not permitted
- Paying or receiving payments for patient referrals
- Misleading or false advertisement
- Failing to offer proper treatment
- Showing negligence and incompetence during treatment
- Facing disciplinary actions from licensing boards in other states
- Accepting bribes for suggesting a certain kind of hearing aid
- Having a criminal record linked to your professional duties
The California licensing board can impose several disciplinary forms, including:
Citation and Fines
These are less severe forms of discipline. Citations are normally publicly posted, affecting your capability to attract new patients. Fines can vary, and a citation can be damaging without a fine.
Public Reprimand
A reprimand is similar to a citation but without a fine. When issued, it is published on the board’s website, where prospective clients can access it.
Suspended or Revoked License
If your license is suspended or revoked, it means that you cannot practice as a professional in California. A state license suspension is usually for a set period, such as years or months, while a professional license revocation is indefinite.
Stay Revocation
This will allow you to resume practicing under specific conditions set by the board. If you violate these conditions, you may face license revocation and other penalties.
A professional license attorney is familiar with administrative proceedings. They are skilled at challenging allegations and negotiating reduced penalties when necessary.
Process of Filing a Formal Complaint With the Licensing Board
Anyone can file complaints with the State’s Board of Audiologists, Speech-language Pathologists, and Hearing Aid Dispensers. However, investigations can only begin if the commission does not dismiss the complaint as unfounded. The licensing board can prioritize complaints based on their nature, focusing on the most severe cases.
If the board finds a complaint credible, it might investigate to gather more evidence against the professional. The board may investigate for some time and then decide that there is insufficient evidence to continue with your case.
Investigation
If someone files a complaint against your conduct or practice, the licensing board can start an investigation. Your lawyer will obtain a copy of the complaint, help you prepare a statement, prepare you for the investigation interview, and represent you during the interview with the board's investigator.
Having a skilled lawyer with you during the interview is important to help you answer questions correctly and advise when to remain silent. With proper legal guidance, an investigation may be resolved during the interview. If not, the Board may issue a formal complaint called an Accusation.
They can also challenge any temporary suspension the board could impose on your professional license. It is important to continue working during the investigation, as it could sometimes take years or months to complete.
Formal Accusation
If the licensing board believes it has a strong case, it will issue an Accusation and Statement of Issues. A formal Accusation is a serious complaint created by the Attorney General’s office. It outlines various charges against you, such as:
- Criminal convictions
- Substance abuse
- Failure to meet professional standards
Following receipt of an Accusation, you have fifteen days to submit a Notice of Defense. If you fail to meet this deadline, the board may issue a default order, which could revoke your license.
Your lawyer needs to be fully prepared in case a hearing is necessary. They can bring in witnesses to defend your case, question witnesses who testify against you, contest the evidence presented by the prosecution team, and offer evidence that could lead to reduced penalties or even a dismissal of the charges.
If the complaints are dismissed and the case is resolved, the public will not have access to your record history. If formal discipline is imposed, you will be allowed thirty days to appeal. For citations, you have fifteen days to file an appeal.
Criminal Convictions and Their Impact on Your License
The California Board of Audiology, Hearing Aid Dispensers, and Speech-Language Pathology can set disciplinary measures depending on the criminal convictions you have, whether felonies or misdemeanors. If your past conviction is connected to your work as a dispense of hearing aids, speech-language therapists, or audiologists, your licensing board will take it seriously.
Some offenses that are closely related to your profession include:
- Possession of controlled substances
- Sexual battery
- Driving under the influence (DUI) or driving with an under-the-influence drug (DUID)
- Theft, whether petty or grand
- Alcohol or drug addiction and abuse
- Domestic violence
- Insurance fraud
- Selling controlled substances
When criminal charges are filed against you before a conviction, the licensing board could request the judge to impose limitations on your medical license. These restrictions can take three forms:
- If you are convicted, the board could require license restrictions as part of your sentencing
- The board might also suspend your license to practice through court orders until your trial is complete
- If the board is concerned about the potential misuse of your license, it may ask for license restrictions as a condition of bail
Your lawyer will respond to any orders given by the licensing authority to the administrative law judge. They will also present arguments to help your case at any proceeding the judge could hold to address the board’s requests. Additionally, your attorney will help you hold your professional license, even if you reach a plea deal in your case.
Reinstating or Approving Your License
If you face difficulties acquiring your professional license approved, a professional license lawyer can guide you as you go through the application process. They can also submit an appeal motion or meet the board’s requirements for final approval if your application has already been denied. Even if the licensing board has concerns about your license application, these issues can be resolved. You can often start your profession while your practicing license is placed on a probation term.
If you or a loved one has lost your medical license because of a previous violation, you should not assume this is permanent. You can work to have your license reinstated by submitting the right documents and overcoming any legal obstacles. Your lawyer can guide you through the reinstatement process for your license.
The filing procedures can be complicated, and even a single mistake can lead to the petition being denied. For example, there are strict deadlines that you must meet for the petition to be evaluated. An experienced license defense attorney is familiar with the paperwork and process. They also can demonstrate that you have undergone rehabilitation and are willing to resume your profession.
A professional license attorney is skilled at presenting arguments in any legal proceeding the board can hold to rule on your license reinstatement petition.
Find an Audiology, Hearing Aid Dispenser, and Speech-Language Pathology License Defense Law Firm Near Me
Although each case is different, you should consider seeking legal advice before responding to requests from the licensing board or investigators. Answering questions, providing proof, or taking other actions without a lawyer’s help can be risky. As licensed audiologists, hearing aid dispensers, or speech-language therapists, you have important rights that need to be protected.
Consulting with an experienced attorney can help protect your career and reputation. If you risk losing your occupational license, contact the Kern County License Attorney at 805-702-8560. We are dedicated to helping you retain your professional license and preserve your professional standing.
