Speech-language Pathologists, Audiologists, and Hearing Aid DispensersDenial, Suspension, Revocation, and Probation

Section § 2533

Explanation

This section explains when the board can refuse, suspend, or revoke a license for speech-language pathologists, audiologists, or hearing aid dispensers. Issues include criminal convictions related to the job, obtaining a license through deceit, misuse of substances, advertising violations, incompetence, or any actions endangering public safety. It covers dishonest acts, misleading advertising, or aiding unlicensed practice. The section also mentions disciplinary actions by public agencies and violating licensing conditions or probation agreements.

The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:
(a)CA Business & Professions Code § 2533(a) Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.
(b)CA Business & Professions Code § 2533(b) Securing a license by fraud or deceit.
(c)Copy CA Business & Professions Code § 2533(c)
(1)Copy CA Business & Professions Code § 2533(c)(1) The use or administering to themselves of any controlled substance.
(2)CA Business & Professions Code § 2533(c)(2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.
(3)CA Business & Professions Code § 2533(c)(3) More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.
(4)CA Business & Professions Code § 2533(c)(4) Any combination of paragraph (1), (2), or (3).
The record of the conviction shall be conclusive evidence of unprofessional conduct.
(d)CA Business & Professions Code § 2533(d) Engaging in any act in violation of Section 650.
(e)CA Business & Professions Code § 2533(e) Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.
(f)CA Business & Professions Code § 2533(f) Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.
(g)CA Business & Professions Code § 2533(g) Incompetence, gross negligence, or repeated negligent acts.
(h)CA Business & Professions Code § 2533(h) Other acts that have endangered or are likely to endanger the health, welfare, and safety of the public.
(i)CA Business & Professions Code § 2533(i) Use by a hearing aid dispenser of the term “doctor” or “physician” or “clinic” or “audiologist,” or any derivation thereof, except as authorized by law.
(j)CA Business & Professions Code § 2533(j) The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.
(k)CA Business & Professions Code § 2533(k) Any cause that would be grounds for denial of an application for a license.
(l)CA Business & Professions Code § 2533(l) Violation of Section 1689.6 or 1793.02 of the Civil Code.
(m)CA Business & Professions Code § 2533(m) Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(n)CA Business & Professions Code § 2533(n) Violation of a term or condition of a conditional license issued by the board pursuant to this section.
(o)CA Business & Professions Code § 2533(o) Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.
(p)CA Business & Professions Code § 2533(p) Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.
(q)CA Business & Professions Code § 2533(q) Violating or attempting to violate, directly or indirectly, any of the provisions of this chapter.
license refusal speech-language pathologist audiologist

Section § 2533.1

Explanation

If a speech-language pathologist, audiologist, or hearing aid dispenser pleads guilty, no contest, or is convicted of a crime related to their job, it's considered a conviction under this law. This means the board can discipline or deny a license to the person, even if later they try to change their plea or have the conviction removed from their record, as long as all appeals are exhausted or denied.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
speech-language pathologist audiologist hearing aid dispenser

Section § 2533.2

Explanation

This law section indicates that any legal actions or procedures mentioned in this article have to be carried out following a specific set of government rules outlined in another section of the law.

Proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
legal proceedings Chapter 5 procedures Government Code compliance

Section § 2533.3

Explanation

If someone breaks the rules in this chapter, they can face a misdemeanor charge, which might lead to up to six months in county jail, a fine up to $1,000, or both. Section 2538.42 may offer exceptions.

Except as provided in Section 2538.42, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both.
misdemeanor charge county jail sentence fine up to $1

Section § 2533.4

Explanation

If someone who isn't a licensed speech-language pathologist, audiologist, or hearing aid dispenser does something they're not allowed to under this chapter, the board can ask a court to make that person stop. This process follows certain rules outlined in another part of the legal system. The board can bring the issue to court on its own without needing a complaint from someone else.

Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.
injunction unlicensed practice speech-language pathologist

Section § 2533.5

Explanation

This law section states that the board has the authority to take legal action against anyone who breaks the rules outlined in this chapter. If there’s a dispute or a request to change a probationary status, the board can either handle the case themselves or pass it to an administrative law judge. Any hearings related to these cases must follow set procedures unless the chapter specifies otherwise.

(a)CA Business & Professions Code § 2533.5(a) The board may prosecute a person for a violation of this chapter.
(b)CA Business & Professions Code § 2533.5(b) The board shall hear and decide a matter, including, but not limited to, a contested case or a petition for reinstatement or modification of probation, or may assign the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
violation prosecution board authority contested case

Section § 2533.6

Explanation

If someone’s license is revoked, suspended, or they are on probation for issues relating to speech-language pathology or audiology, they can ask the board to reinstate their license or change their penalty. There are waiting periods depending on the severity of the disciplinary action. For example, you generally need to wait three years to ask for a license restoration after it’s revoked for unprofessional conduct, though sometimes this can be reduced to two years. Petitions must include necessary information and comply with the board's requirements. The board or a judge will review these requests, considering things like the person’s behavior since the disciplinary action and efforts at rehabilitation. Petitions are not considered if the person is on probation, under investigation, or has been involved in further misconduct related to their field. The board has the right to deny requests under certain conditions without a hearing.

(a)CA Business & Professions Code § 2533.6(a) A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:
(1)CA Business & Professions Code § 2533.6(a)(1) At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.
(2)CA Business & Professions Code § 2533.6(a)(2) At least two years for early termination or one year for modification of a condition of probation of three years or more.
(3)CA Business & Professions Code § 2533.6(a)(3) At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.
(b)CA Business & Professions Code § 2533.6(b) The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.
(c)CA Business & Professions Code § 2533.6(c) The petition may be heard by the board, with the matter presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.
(d)CA Business & Professions Code § 2533.6(d) The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the license was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.
(e)CA Business & Professions Code § 2533.6(e) The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed necessary.
(f)CA Business & Professions Code § 2533.6(f) No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.
(g)CA Business & Professions Code § 2533.6(g) The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:
(1)CA Business & Professions Code § 2533.6(g)(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.
(2)CA Business & Professions Code § 2533.6(g)(2) The board is conducting an investigation of the petitioner while they are on probation.
(3)CA Business & Professions Code § 2533.6(g)(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.
(4)CA Business & Professions Code § 2533.6(g)(4) The petitioner’s probation with the board is currently tolled.
(h)CA Business & Professions Code § 2533.6(h) Nothing in this section shall be deemed to alter Sections 822 and 823.
license reinstatement penalty modification waiting period