The California Speech-Language Pathology, Audiology, & Hearing Aid Dispensers Board (SLPAHADB) issues permits to eligible practitioners and protects consumers from unsafe practices by licensees. The authority receives many complaints annually, including from the public, mandatory self-reporting, court reports, and other licensing agencies. SLPAHADB takes claims seriously; an unfavorable outcome could result in disciplinary measures, such as permit withdrawal or cancellation, that could impact your career.
Therefore, if you are an audiologist, speech-language pathologist, or hearing aid dispenser under board investigation, your permit is on the line. You should consult an experienced attorney immediately to fight the complaint and protect your license. At Kern County License Attorney, we can defend your license and career for a reasonable outcome.
The Role of Speech-Language Pathologists (SLPs)
Also known as speech therapists, SLPs are healthcare professionals specializing in communication and swallowing disorders. They work with patients of all age brackets, including infants with feeding difficulties and senior citizens recovering from stroke. If you are an SLP, you play a crucial role in helping patients with speech disorders, language disorders, swallowing problems, and social communication disorders.
Your work involves working in different environments, including nursing homes, hospitals, private practices, schools, and rehabilitation facilities. You must understand your patients’ unique needs to provide quality care. To do this, speech therapists undergo vigorous training and education. After education, these experts must undergo a thorough licensing process that includes payment of fees and passing relevant tests. It is only after practical education, training, and testing that eligible applicants receive licensing from the board.
Unfortunately, all the money, time, and resources you put into obtaining your license to help patients with speech or swallowing disorders can go to waste if your licensing board receives a complaint against you. You do not want all your hard work and sacrifice to be lost because of a claim, which is why you need to hire an experienced license defense attorney immediately after you are notified of an ongoing investigation.
Audiologist Roles
An audiologist is a healthcare expert who identifies, evaluates, and manages hearing and balance disorders. You must have a master’s or clinical doctorate in audiology and training to understand the nuanced field of hearing science.
Your roles entail a comprehensive evaluation of patients with hearing and balance issues to determine the kind and level of hearing loss. You conduct several tests for an accurate diagnosis, including speech audiometry. Once the results are out, you must interpret them to diagnose the patient and recommend the right treatment plan.
Duties of Hearing Aid Dispensers (HADs)
HADs are healthcare professionals or clinicians who specialize in diagnosing hearing loss resulting from accidents, aging, or chronic illness. Once you diagnose the problem, you help patients select, fit, and dispense hearing aids. Although the roles of these personnel sound similar to those of audiologists, HADs have a more specialized role, focusing on the technological and rehabilitative aspects of hearing aid use.
As an HAD, your role is to perform hearing tests on patients and determine the best hearing aid for each based on the extent of their hearing loss. Using your extensive knowledge of the technology used in hearing aids, you will be able to choose the best hearing aid for your patients from a variety of manufacturers. Once you have selected the hearing aid, you will take an impression of the patient’s ear and send it to the manufacturer for production. Once the aid is ready, you fit it in the patient’s ear for a perfect fit and program it according to the patient’s lifestyle.
The success of the treatment depends on the patient’s use of the aid. Therefore, your responsibility would be to educate the patient on the use and maintenance of the aid to achieve the best possible results.
Given the responsibility you play in the field, you must always update your knowledge of the technology involved and the latest advances to aid your patients. Despite the effort you put into being the best in the field for your patients, you could still be accused of incompetence and misconduct in the profession, which could lead to the loss of your permit.
The Mission of SLPAHADB
HADs, audiologists, and SLPs are regulated by the SLPAHADB to safeguard the public and ensure licensees maintain the high standards of this healthcare profession. The regulatory authority is under the state’s consumer affairs department and has several roles, such as:
- Designing guidelines for education, training, and examination for healthcare experts to ensure only qualified experts are granted a practicing permit, which is essential for providing services to the public
- The agency sets and enforces regulations that control the scope of the practice, ethical standards, and professional conduct.
- The main mission of SLPAHADB is to safeguard consumers from unethical, unprofessional, or incompetent audiologists, HADs, or SLPs through consumer education.
- The agency investigates substantiated complaints and, when necessary, imposes disciplinary measures, such as a citation, a reprimand letter, permit withdrawal, or revocation.
The board promotes accountability and upholds the integrity of the healthcare profession by regulating practitioners and protecting the public.
Even though the core mission is to protect the public, it does not mean the SLPAHADB will be biased when investigating or hearing your complaint. Nevertheless, because their mission is public protection, the claimant’s allegations will be more believable to them, increasing the chances of an unfair outcome. So, when you receive an investigation notice, you should partner with a seasoned healthcare professional license defense attorney to protect your permit.
Your defense attorney will independently investigate the claim to collect new evidence and verify the existing evidence. Additionally, they will identify mitigating circumstances in the case to negotiate a fair settlement that enables you to continue practicing. If the board has secured a temporary or interim license suspension against you pending investigation, the attorney will challenge it. If they are successful, you can continue practicing pending the investigation and the administrative proceeding.
The Process Involved From Launching the Complaint to SLPAHADB’s Decision
Your regulatory agencies receive multiple complaints annually. The complaints must be in writing and detailed. Once the agency receives the claim, it examines the details provided and only proceeds if the claim can be substantiated. Unsubstantiated complaints are dropped. The claims are prioritized by severity, with the most severe cases going first.
When the board determines that a claim against you can be substantiated, it notifies you of an impending investigation. It assigns the case to investigators who start by interviewing you, the accused, and the accuser. Depending on the circumstances of the complaint, the board can conduct a sting operation to catch you in the act. The common complaints you can face are:
- False advertising practices
- Receiving kickbacks or paying for referrals
- Unprofessional conduct
- Insurance fraud
- Hiring unlicensed assistants
- Substance or alcohol abuse and addiction on the job
- Rejecting board-recommended continuing education programs
- Having a pending disciplinary hearing by a regulatory agency in another state
- Having a criminal conviction with a substantial relationship to your profession
- Incompetence or providing substandard services
- Gross misconduct
The type of complaint you face and the evidence you provide determine the approach the board will take during investigations.
Investigation notices are written and contain instructions on the steps you should take and the timeline for doing so. Even if you believe the claims are false, do not file a response without consulting a seasoned attorney. In fact, you should consult an attorney immediately after you receive the notice. Your attorney will review the notice and instructions and help you file a response without divulging information that could implicate you.
Investigations can go on for months or, in rare cases, years. If your permit is under an interim suspension, you will be out of practice for a long time, even though you have not been found guilty. So, early intervention by a competent attorney can help reinstate the permit. Additionally, an attorney will encourage you to cooperate with the investigation without revealing information that could compromise your case.
Once investigations end, the next step is the statement of issues, which acts as a formal accusation. It contains the proof against you if the accusations against you are true. When you receive the notice of a formal accusation, have the attorney carefully study the statements of issues to understand the evidence against you and find weaknesses that they can poke holes in for a fair verdict. If the attorney identifies weaknesses, they can negotiate with the board for a fair settlement before the case goes to the administrative hearing.
The administrative hearing is the final phase of the process. The proceeding is presided over by an ALJ. The attorney general (AG) represents the board in the proceeding. The AG submits evidence against you, while your attorney contests it. Once the proceeding is concluded, the ALJ makes recommendations to the board based on the findings. The recommendations can be a case dismissal or disciplinary measures.SLPAHADB evaluates the recommendations and decides whether to adopt or dismiss them. After the review, the board notifies you of their decision.
Possible Disciplinary Action by SLPAHADB
You need an attorney to challenge the board’s evidence, challenge the witness’s credibility or reliability of their testimony, and present circumstances in mitigation for a favorable outcome. If you are not acquitted, your regulatory agency can take several disciplinary measures against you. These measures include:
Citation and Fine
The most lenient disciplinary measure your regulatory body can take against you is a citation and fine. A fine is lenient because it stays private. However, when the amount is high, it can cause severe financial stress, worsening your situation, especially if you were under an interim suspension and have not been practicing. Conversely, a citation, even though lenient, can hurt your practice because it is made public, meaning even potential patients can see it, denting your practice. Even though these disciplinary measures are considered less stringent, you should fight them because they can still hurt your practice.
Public Reprimand
Another measure the board can take is to publicly warn or reprimand you. A public warning is like a citation, only that it does not include a fine. The SLPAHADB posts the letter on their website, making it visible to current and future patients. The warning makes clients doubt your professionalism or competency, causing them to avoid your services.
However, you can convince the agency, with the help of your attorney, to keep the reprimand private so that it does not harm your reputation or result in other negative consequences of making it public.
Permit Withdrawal or Suspension
When the SLPAHADB establishes that the allegations are true and the ALJ makes the same finding, the ALJ will withdraw your permit, preventing you from offering services for a specified period. Without a permit, you cannot legally offer services related to your profession, meaning you will lose your job, if you have one, close your private practice, or find it difficult to secure a job or client. However, a withdrawal remains in effect for a given period, after which you can apply for reinstatement.
Permit Revocation or Cancellation
A license cancellation is more severe than a suspension because it is indefinite. There is no timeline on when you can apply for a license afresh. Usually, it is career-ending, and you might be forced to start afresh in another profession. Your attorney can help you avoid a revocation by requesting a stay or suspension of the disciplinary measure in place of probation. You serve a probationary term while practicing under strict terms. Once you complete the probationary term, the licensing agency reinstates your permit. However, when you violate the terms, the board cancels the probation and revokes the permit.
Permit Reinstatement
A suspended or canceled license can be reinstated. Nevertheless, the process is demanding and entails strict timelines and requirements. Consult an attorney to evaluate your case and determine if you are eligible for reinstatement. If you are, the attorney will help you successfully file for a reinstatement to restore your permit.
Find a Seasoned Healthcare Professional License Defense Attorney Near Me
Speech-language pathology, audiology, & hearing aid dispenser licensees are in huge demand due to the growing population of people with hearing and speech problems. So, if you are an HAD, SLP, or audiologist, your license is a highly valuable commodity, and you should protect it at all costs. An experienced license defense attorney can help you protect your license in case of a complaint or with the application process if you seek one.
At Kern County License Attorney, we will defend your license and help you navigate the entire process from the complaint to the board decision for a fair outcome. Call us at 661- 558-1950 to arrange a consultation.
