Your years of education and financial investment are reflected in your career as a speech-language pathologist, audiologist, or hearing aid dispenser. The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of California (SLPAHADB) has stringent regulations to safeguard consumers. If you face an investigation due to a patient complaint or a criminal conviction, it could put your license, reputation, and livelihood in jeopardy. These are cases that can be fast-tracked, and even a small mistake can lead to the suspension or permanent loss of your license.
To navigate the California Business and Professions Code, you need a strong, knowledgeable legal defense that is aimed at safeguarding your future. It is crucial to act immediately when confronted with an investigation or a formal Accusation. At Oakland License Attorney, our license defense lawyers are prepared to assist you in defending your professional license and reputation. We are also ready to support you through every step of the legal process.
The SLPAHADB and Professional Discipline
The SLPAHADB is a regulatory agency within the California Department of Consumer Affairs that plays a crucial role in protecting public health and safety. The board can take disciplinary action against license holders who fail to meet required standards. This may include:
- Issuing warnings
- Placing the license on probation
- Imposing fines
- Requiring additional training
- Suspending the license
- Revoking the license
The board receives hundreds of complaints annually through different channels, such as dissatisfied patients, insurance firms, and the police. After the board is presented with a complaint, it starts a formal investigation.
This investigative procedure usually includes the Division of Investigation, in which sworn peace officers or board investigators collect evidence against you. They can interview, request patient records, and consult your clinical history.
You can be notified of an investigation or given an invitation to a formal interview. The board’s rules apply to all aspects of your professional life, and any violation can quickly lead to enforcement action. Speaking with an attorney early on can help you manage what information is shared with investigators and protect you from saying anything that could be used against you.
Typical Legal Reasons for the Board To Take Disciplinary Action
Disciplinary action against speech-language pathologists, audiologists, and hearing aid dispensers is based on the California Business and Professions Code. Section 2533. It provides the definition of unprofessional conduct that encompasses conduct that is below the accepted professional standards.
Substance abuse, such as the misuse of controlled substances or excessive alcohol use that affects safe practice, is taken very seriously because it can put patients at risk. Disciplinary action may be taken for advertising violations, including false or misleading claims about services or devices.
Unprofessional conduct can also include allowing unlicensed individuals to perform duties that require a valid license, for which you may be held responsible. In addition, the board enforces strict continuing education requirements.
Providing false information during the license renewal process can lead to fraud charges. Any form of dishonesty or unethical behavior may also lead to disciplinary action, as it raises concerns about your ability to serve the public responsibly.
Malpractice and Incompetence
Gross negligence is a significant deviation from the standard of care, such as failing to conduct appropriate assessments or refer patients for necessary medical care. Audiologists and hearing aid dispensers might encounter lawsuits connected with inadequate fitting of devices or the inability to identify warning signs that need additional treatment.
In cases where harm to patients is alleged, the board usually uses expert witnesses to examine records and decide whether the standard of care was adhered to. A lack of required knowledge or skill (incompetence) may result in suspension until corrective steps, such as additional training or examinations, are completed. To defend against such claims, it is often necessary to review records carefully and provide expert testimony to support your clinical decisions.
Billing Fraud and Credentialing Fraud
False billing, including billing services not rendered or falsifying treatments, may result in harsh penalties. Investigations may include coordination with state and federal agencies, particularly in cases involving Medicare or Medi-Cal. You might not be directly involved with billing, but you can still be responsible for your practice. Another severe offense involves falsifying credentials. Fraudulent use of unearned titles or certifications, or suggesting qualifications that you do not hold, reflects a lack of integrity.
Criminal Conviction And Its Effect On Licensure
The board is also allowed to discipline a licensee under California law in case of conviction that is substantially connected to the qualifications, functions, or duties of their profession. The board uses the “substantial relationship” test to cover a wide range of offenses.
As an example, a conviction of a Driving Under the Influence (DUI) offense is usually considered to be the reflection of alcohol abuse that may ultimately affect your clinical performance. Stealing, embezzling or crimes of dishonesty are considered to be evidence that you cannot be trusted with patient records or financial transactions.
Once you are arrested for a crime, your fingerprints are automatically sent to the Department of Justice, which may then notify the board. You are also legally required to report certain convictions to the board when renewing your license.
If a criminal court places restrictions on your practice during a bail hearing or sentencing, the board may coordinate with the district attorney to pursue further action. This could result in you being unable to work while your criminal case is ongoing.
Although your criminal defense attorney may be able to have your charges dismissed or at least reduced, the board may still take administrative action against you due to the underlying behavior.
You require a parallel license defense plan that will be conducted alongside your criminal case to ensure that your plea bargain does not lead to the loss of your professional license unintentionally.
The Administrative Hearing Process
If the board concludes that there is adequate evidence of a violation, the office of the Attorney General will submit a formal document called an “Accusation.” This paper will contain the exact laws that you are accused of having violated and the factual grounds of the accusations.
An Accusation is the first step in the process of formal administrative litigation. The Administrative Procedure Act regulates it. The result of the board filing an Accusation is to revoke or suspend your license.
By the time the Accusation is served on you, the burden of proving the allegations is on the board to demonstrate the allegations by clear and convincing evidence. This is a higher standard of requirement than the preponderance of evidence standard applied in civil cases, but lower than the beyond a reasonable doubt standard applied in criminal cases.
You are entitled to a hearing where you can present evidence, defend yourself, and cross-examine the board’s witnesses. However, many cases are resolved through a stipulated settlement, which is a negotiated agreement between you and the board.
A settlement allows you to avoid the uncertainty of a hearing by agreeing to certain conditions, such as probation or a formal reprimand. If a settlement cannot be reached, your case will proceed to a full administrative hearing. This is a complex process that requires a strong understanding of administrative law and the ability to challenge the procedures and evidence presented by the board.
Submission of Notice of Defense to Avoid Default
The most crucial action you need to undertake after you receive the Accusation is to file a Notice of Defense. You have fifteen days from the day on which the Accusation was sent to you to submit this document to the board and the office of the Attorney General.
Your failure to meet this deadline, even by a day, deprives you of the right to a hearing. The board will then make a default ruling, which nearly always leads to the immediate and complete suspension of your professional license. A default ruling is very hard to reverse, and it can seriously damage your career in California.
The Notice of Defense notifies the board that you are challenging the charges and demand a hearing. It also gives you an opportunity to protest the Accusation because it is too broad or does not provide an adequate legal basis for discipline.
Submission of this document safeguards your constitutional right to due process and compels the board to demonstrate its case. The board will not be forgiving when you give an informal explanation of your situation after the deadline.
This is a strict time limit that you should observe to have your defense options open. Your lawyer will ensure that the Notice of Defense is properly filed and all your legal objections are duly recorded to avoid default judgment.
The Administrative Law Judge (ALJ) Role
Should your case proceed to a hearing, it will be under the presiding of an Administrative Law Judge of the Office of Administrative Hearings. In an administrative hearing, there is no jury as there is in a criminal trial. The ALJ is a judicial officer who is an independent officer and is specialized in state agency law.
The ALJ will listen to the witnesses, experts, and any other witnesses that you present during the hearing. They will also examine documentary evidence, including patient files, criminal records, and clinical reports. The atmosphere of an administrative hearing is formal, and the rules of evidence are applied, although they are somewhat more relaxed than in a superior court.
Once the hearing is over, the ALJ does not simply pass judgment on you. They will instead submit the matter and, within thirty days, write a Proposed Decision. This report contains the facts of the findings and a suggested penalty according to the disciplinary guidelines of the board.
You should realize that the decision of the ALJ is just a recommendation to the board. The ultimate decision on whether to approve, disapprove, or amend the proposed decision by the ALJ rests with the board. They may either raise the fine or drop the case altogether.
Since such ultimate power is vested in the board, your defense should not only seek to defend yourself before the ALJ but also to establish a record that will convince the board members to be lenient.
Legal Defense Strategies to be Employed
Evidence of mitigation and rehabilitation is a common factor in a successful defense of your license. Mitigation is about giving context to what you have done that may convince the board to give you a lighter penalty.
This may involve records of a long and crime-free career, personal misfortunes that led to a single mistake, or evidence that your actions actually injured no patient. This is even more essential in cases involving rehabilitation, particularly in instances of substance abuse or criminal conviction. Rehabilitation can be demonstrated through taking professional ethics courses, support groups, or community service.
The board adheres to certain Disciplinary Guidelines in deciding penalties. These rules create a scope of punishment for all kinds of offenses. You can argue for a stayed revocation with probation instead of losing your license by demonstrating that you have taken active steps to correct your behavior.
Probation gives you an opportunity to work while under the supervision of the board. This defense is aimed at persuading the board that you are no longer a danger to the people and that you have learned the lesson.
Petitioning for Reinstatement or Early Termination of Probation
If your license is already suspended or you have already given it up to escape prosecution, you are not necessarily forever barred from the profession. You can request that your license be reinstated after a waiting period of one to three years, depending on the order of the board.
This is done by presenting clear and convincing evidence that you are rehabilitated and fit to practice safely. You may be required to provide testimony from colleagues, proof of additional education, and evidence that you have complied with all conditions of your prior disciplinary action.
Similarly, if you are presently on probation, you can request the board to terminate your probation or change the conditions of your probation. This can usually be done when you have finished a considerable part of your probation and have not violated it again.
The board will look into your performance and can grant your request if they feel that the monitoring is unnecessary. Both reinstatement and probation modification involve a formal hearing in the presence of the ALJ and the board. Writing a strong petition is not an easy task. It requires a lot of documentation and a convincing account of your career development and dedication to the safety of the people.
Find a Professional License Defense Attorney Near Me
The prospect of disciplinary action by the SLPAHADB may be daunting, but you need not go through it alone. Professional negligence, insurance fraud, or even criminal convictions are some of the allegations that can jeopardize your license and career. To safeguard your future and carry on with your practice, a strong legal plan is necessary. Understanding the California Administrative Procedures Act helps your defense challenge the board’s evidence at every stage of the administrative hearing.
At Oakland License Attorney, our license defense attorneys are prepared to defend your professional license. We are also ready to appeal the board’s decision and guide you through the entire legal process. Contact us today at 510-250-4709 to schedule a consultation.
