reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 2 - Applications › Section 1399.113 - Review of Hearing Aid Dispenser Applications; Processing Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall
				inform in writing an applicant for licensure as a hearing aid dispenser within
				17 days of receipt of the initial application form whether the application is
				complete and accepted for filing or is deficient and what specific information
				is required.
(b) The Board shall
				inform an applicant for licensure as a hearing aid dispenser within 189 days
				after completion of the application of its decision whether the applicant meets
				the requirements for licensure. "Completion of the application" means that a
				completed application form together with all required information,
				documentation and fees have been filed by the applicant. This period may be
				extended by that time necessary for retaking or rescheduling an
				examination.
1. New section
				  filed 10-3-83; effective thirtieth day thereafter (Register 83, No.
				  41).
2. Change without regulatory effect amending subsections
				  (a)-(c) filed 6-11-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
3. Change without regulatory
				  effect amending section and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Section
					 2531.06,
					 Business and Professions Code. Reference: Section
					 2538.24,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 3 - Temporary Licenses › Section 1399.114 - Temporary License Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any applicant for a temporary license
				under section
				2538.28 of the Code shall provide
				the following information to the Board in order to show satisfactory
				supervision and training:
(1) Name, address,
				license number and the signature of his or her supervisor.
(2) Identification of the supervisory
				facility by proprietary name and address.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 3 - Temporary Licenses › Section 1399.115 - Denial, Suspension, or Revocation of Authority to Supervise

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may
				refuse to approve or approve subject to terms and conditions a hearing aid
				dispenser's authority to supervise a trainee-applicant, or may suspend, revoke,
				or impose probationary conditions on a hearing aid dispenser's authority to
				supervise a trainee-applicant for any of the following causes:
(1) The failure to comply with section
				2538.28 of the Code or any of the
				regulations contained in this article which is a prima facie violation, or is
				confirmed by an internal investigation report signed by the Executive Officer,
				or by a formal investigation by the Division of Investigation of the department
				within the preceding 36 months. "Confirmed by formal investigation" means the
				investigator assigned the matter has written a final investigation report which
				has been countersigned by a Supervising Special Investigator.
(2) The violation of any provision of the
				Hearing Aid Dispensers Licensing Law or the regulations contained in this
				division which is confirmed by an internal investigation report signed by the
				Executive Officer, or by a formal investigation by the Division of
				Investigation of the department within the preceding 36 months. "Confirmed by
				formal investigation" means the investigator assigned the matter has written a
				final investigation report which has been countersigned by a Supervising
				Special Investigator.
(3) The
				dispenser's license has been revoked, suspended, or subject to any restrictions
				within the preceding 36 months.
(4)
				An Accusation has been filed against the dispenser under the Administrative
				Procedure Act by the Attorney General's office and the charges are
				pending.
(5) The provision of false
				or misleading information during the application process.
(6) The conviction of a crime involving
				fiscal dishonesty for which the dispenser has been on probation or parole
				within the preceding 36 months.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 3 - Temporary Licenses › Section 1399.116 - Supervision of Trainee-Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensed hearing aid dispenser shall
				not supervise more than one trainee-applicant at any one time unless a specific
				waiver has been granted by the Board. Criteria for such a waiver shall be:
(1) the supervising dispenser shall have
				possessed a valid license as a hearing aid dispenser and engaged in the
				practice of fitting and selling hearing aids for at least three (3)
				years;
(2) the supervising
				dispenser has not been the subject of successful disciplinary action or of a
				complaint which has been investigated and verified by internal investigation
				report or the department's Division of Investigation within the preceding three
				(3) years; and
(3) the supervising
				dispenser shall not have been found to be in violation of any of the
				regulations contained in this article within the preceding three (3)
				years.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 3 - Temporary Licenses › Section 1399.117 - Representation of Trainee-Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A trainee-applicant shall, when engaged in the fitting or
				  selling of hearing aids, present himself or herself to the public as a hearing
				  aid dispenser trainee. Trainee-applicants may not refer to themselves in any
				  advertising or promotional literature as anything but a hearing aid dispenser
				  trainee.
1. Renumbering
				  of former Section
				  1399.117 to Section
				  1399.115(c) and
				  new Section
				  1399.117 filed 8-26-86; effective
				  thirtieth day thereafter (Register 86, No. 35). For history of former section,
				  see Registers 83, No. 19 and 75, No. 43.
2. Change without
				  regulatory effect amending NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Section
					 2531.06,
					 Business and Professions Code. Reference: Sections
					 335
					 and
					 2533,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 3 - Temporary Licenses › Section 1399.118 - Supervision and Training Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The supervision and training of a trainee-applicant under
				  Section 2538.28 of the Code engaged in the
				  fitting or selling of hearing aids shall include the following:
(a) Intervention into the fitting and selling
				process by the supervisor.
(b)
				Inspection of the fitting and selling process by the supervisor.
(c) Training consisting of the following:
(1) Review of the results of each fitting and
				sale of a hearing aid;
(2)
				Reevaluation of the fitting and selling techniques of the trainee-applicant at
				least weekly;
(3) Being readily
				available to the trainee-applicant to render advice and give instruction and
				assistance in the fitting and selling of hearing aids;
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 3 - Temporary Licenses › Section 1399.119 - Direct Supervision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A trainee-applicant under Section
				  2538.28 of the Code shall fit or
				  sell hearing aids only under the direct supervision of the supervising licensed
				  hearing aid dispenser. "Direct supervision" as used in this section means all
				  of the following:
(a) The supervising
				dispenser is present within the same work setting a minimum of 20 percent of
				the time in which the trainee-applicant is providing services.
(b) The supervising dispenser shall approve
				the selection of a hearing aid by a trainee-applicant.
(c) The supervising dispenser shall
				countersign the audiogram and all sales documents prepared and consummated by a
				trainee-applicant.
(d) If a
				trainee-applicant fails the license examination, the supervising dispenser is
				required to be physically present at all fittings and sales made by the
				trainee-applicant regardless of whether these occur in or outside the
				supervising dispenser's business location.
1. New section
				  filed 8-26-86; effective thirtieth day thereafter (Register 86, No.
				  35).
2. Change without regulatory effect amending first paragraph
				  and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Section
					 2531.06,
					 Business and Professions Code. Reference: Section
					 2538.28,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 4 - Examinations › Section 1399.120 - Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Either essay
				type or objective type examinations or both may be used in any one or more of
				the subject areas in which an applicant is to be examined.
(b) Each applicant is forbidden to place any
				identification marks on or in any of the answer sheet or to reveal his or her
				name to any examiner.
(c) The
				applicant is forbidden to take the questions from the examination room or make
				any record of the questions.
(d)
				Anyone cheating will be removed from the examination room.
(e) An applicant who wishes to take the
				practical examination shall file a completed application with the Board not
				sooner than 51 days nor later than 30 days prior to the date set for the
				examination for which application is made. Applications will be accepted in the
				order received by the Board, provided, however, that a maximum of fifty
				applicants will be scheduled for any administration of the practical
				examination. Applications will be returned to all those who are not within the
				first fifty applicants.
(f) The
				practical examination shall cover the procedures and use of instruments and
				equipment commonly employed in the fitting and selling of hearing aids,
				including but not limited to:
(1) Otoscope
				for the visual examination of the entire ear canal;
(2) Pure tone discreet or sweep frequency
				threshold type audiometer with air and bone conduction and appropriate masking
				circuitry;
(3) Appropriate
				equipment for establishing speech reception threshold and speech discrimination
				scores through headphones and/or sound field media by recorded or live
				voice;
(4) Calibrated sound
				pressure instruments, master hearing aids, and any and all types of hearing aid
				simulators;
(5) Equipment designed
				for the evaluation and testing of hearing aid performance;
(6) Stethoscope or other listening
				device.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 4 - Examinations › Section 1399.121 - Inspection of Examination Papers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All written examination papers shall be retained by the Board
				  for a period of two years after the date of the examination.
1. Amendment
				  filed 5-6-83; effective thirtieth day thereafter (Register 83, No.
				  19).
2. Change without regulatory effect amending section filed
				  6-11-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
3. Change without regulatory
				  effect amending section and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Section
					 2531.06,
					 Business and Professions Code. Reference: Section
					 2538.25,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 4 - Examinations › Section 1399.122 - Practical Examination Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant who has failed the practical
				examination may appeal to the Board within sixty (60) days following receipt of
				his/her examination results. The bases for appeal are:
(1) examiner misconduct, which means
				prejudice or bias as evidenced by the statements and/or actions of an examiner;
				and
(2) significant procedural
				error in the examination process.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 5 - Miscellaneous › Section 1399.125 - Annual Reports. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 4-10-80; effective thirtieth day thereafter (Register 80, No.
				  15).
2. Repealer filed 5-6-83; effective thirtieth day thereafter
				  (Register 83, No. 19).
Note: Authority cited: Section
					 3321,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 5 - Miscellaneous › Section 1399.126 - Significant Air-Bone Gap

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For purposes of Section
				2538.36 of the Code, a significant
				air-bone gap is defined as a difference of 15 decibels or more between the
				higher air conduction and the lower bone conduction pure tone thresholds at 2
				or more succeeding octave frequencies of 500 Hertz through and including 4000
				Hertz.
(b) Tests for significant
				air-bone gap shall be performed in a suitable environment using appropriate
				equipment to establish threshold values and with appropriate masking procedures
				employed.
1. New section
				  filed 9-22-72; effective thirtieth day thereafter (Register 72, No.
				  39).
2. Amendment filed 10-6-72; effective thirtieth day thereafter
				  (Register 72, No. 42).
3. Amendment filed 1-17-73 as an emergency;
				  effective upon filing. Certificate of Compliance included (Register 73, No.
				  3).
4. Amendment filed 5-6-83; effective thirtieth day thereafter
				  (Register 83, No. 19).
5. Change without regulatory effect amending
				  subsection (a) and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Section
					 2531.06,
					 Business and Professions Code. Reference: Section
					 2538.36,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 5 - Miscellaneous › Section 1399.129 - Notice to Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A licensee engaged in the practice of fitting or selling hearing aids shall
				provide notice to each client or patient of the fact that the licensee is
				licensed and regulated by the Speech-Language Pathology & Audiology &
				Hearing Aid Dispensers Board. The notice shall include the following statement:
NOTICE TO CONSUMERS
Hearing Aid Dispensers, Hearing Aid Temporary
				  Licensees, Hearing Aid Trainees, and Dispensing Audiologists are licensed and
				  regulated by the Speech-Language Pathology & Audiology & Hearing Aid
				  Dispensers Board
(916)287-7915
www.speechandhearing.ca.gov
(b) The notice required by this section shall
				be provided by one of the following methods:
(1) Prominently posting the notice in each of
				the practice locations at which the licensee provides services. The notice
				shall be in a conspicuous location and accessible to public view. It shall be
				in at least 36-point type in Arial font.
(2) Providing the client or patient, or the
				client's or patient's representative, with the notice in a written statement in
				at least 12-point type. An acknowledgement stating the client or patient, or
				the client's or patient's representative, received the notice shall be signed
				and dated by the client or patient or the client's or patient's representative.
				The acknowledgment shall be retained in the client's or patient's records to
				demonstrate receipt.
(3) Providing
				the notice on a written receipt where the notice is placed immediately above
				the signature line for the client or patient, or the client's or patient's
				representative, in at least 14-point type.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.130 - Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding the causes for action listed under Section
				  2533 of the Code, the Board may
				  deny, issue subject to terms and conditions, suspend, or revoke a license, or
				  impose conditions of probation upon a licensee, for any of the following
				  causes:
(a) Commission of an act
				prohibited by Section
				1399.131.
(b) On or after January 1, 2013, a violation
				of Section
				143.5 of the Code.
(c) Failure to provide to the board, as
				directed, lawfully requested copies of documents within 15 days of receipt of
				the request or within the time specified in the request, whichever is later,
				unless the licensee is unable to provide the documents within this time period
				for good cause, including but not limited to, physical inability to access the
				documents in the time allowed due to illness or travel. This subsection shall
				not apply to a licensee who does not have access to, and control over, the
				requested documents.
(d) Failure to
				cooperate and participate in any board investigation pending against the
				licensee. This subsection shall not be construed to deprive a licensee of any
				privilege guaranteed by the Fifth Amendment to the Constitution of the United
				States, or any other constitutional or statutory privileges. This subsection
				shall not be construed to require a licensee to cooperate with a request that
				would require the licensee to waive any constitutional or statutory privilege
				or to comply with a request for information or other matters within an
				unreasonable period of time in light of the time constraints of the licensee's
				practice. Any exercise by a licensee of any constitutional or statutory
				privilege shall not be used against the licensee in a regulatory or
				disciplinary proceeding against the licensee.
(e) Failure to report to the board within 30
				days any of the following:
(1) The bringing
				of an indictment or information charging a felony against the
				licensee.
(2) The arrest of the
				licensee.
(3) The conviction of the
				licensee, including any verdict of guilty, or pleas of guilty or no contest, of
				any felony or misdemeanor.
(4) Any
				disciplinary action taken by another licensing entity or authority of this
				state or of another state or an agency of the federal government or the United
				States military.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.130.1 - Required Actions Against Registered Sex Offenders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise provided, if an
				individual is required to register as a sex offender pursuant to Section
				290 of the
				Penal Code, or the equivalent in another state or territory, or military or
				federal law, the board shall:
(1) Deny an
				application by the individual for licensure, in accordance with the procedures
				set forth in Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(2)
				Promptly revoke the license of the individual, in accordance with the
				procedures set forth in Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code, and shall not stay the revocation nor place the
				license on probation.
(3) Deny any
				petition to reinstate or reissue the individual's license.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.131 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In reaching a decision on a disciplinary action under the Administrative
				Procedure Act (Government Code Section
				11400 et
				seq.), the Board shall consider the disciplinary guidelines entitled
				"Disciplinary Guidelines and Model Disciplinary Orders" Sixth Edition, June
				1997 which are hereby incorporated by reference. Deviation from these
				guidelines and orders, including the standard terms of probation, is
				appropriate where the Board in its sole discretion determines that the facts of
				the particular case warrant such a deviation -- for example: the presence of
				mitigating factors; the age of the case; evidentiary problems.
(b) Notwithstanding subsection (a), the Board
				shall use the uniform standards for substance-abusing licensees as provided in
				Section 1399.131.1, without deviation, for
				each individual determined to be a substance-abusing licensee.
(c) Notwithstanding the disciplinary
				guidelines, any proposed decision issued in accordance with the procedures set
				forth in Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code that contains any finding of fact that the
				licensee engaged in any act of sexual contact, as defined in subdivision (c) of
				Section 729 of the Code, with a patient,
				or any finding that the licensee has committed a sex offense or been convicted
				of a sex offense, shall contain an order revoking the license. The proposed
				decision shall not contain any order staying the revocation of the
				license.
(d) As used in this
				section, the term "sex offense" shall mean any of the following:
(1) Any offense for which registration is
				required by Section
				290 of the
				Penal Code or a finding that a person committed such an act.
(2) Any offense defined in Section
				261.5,
				313.1,
				647 b, 243.4 (a)-(d), or 647
				subsections (a) or (d) of the Penal Code or a finding that a person committed
				such an act.
(3) Any attempt to
				commit any of the offenses specified in this section.
(4) Any offense committed or attempted in any
				other state or against the laws of the United States which, if committed or
				attempted in this state, would have been punishable as one or more of the
				offenses specified in this section.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.131.1 - Uniform Standards Related to Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If after notice
				and hearing conducted in accordance with Chapter 5, Part 1, Division 3, Title 2
				of the Government Code (commencing with sections
				11500 et seq.), the Board finds
				that the evidence establishes that an individual is a substance-abusing
				licensee, then the terms and conditions contained in the document entitled
				"Uniform Standards Regarding Substance-Abusing Healing Arts Licensees," March
				2019, which is hereby incorporated by reference, shall be used in any
				probationary order of the Board affecting that licensee.
(b) Nothing in this Section shall prohibit
				the Board from imposing additional terms or conditions of probation that are
				specific to a particular case or that are derived from the Board's guidelines
				referenced in section
				1399.131 in any order that the
				Board determines would provide greater public protection.
1. New section
				  filed 2-13-2023; operative 4-1-2023 (Register 2023, No. 7).
Note: Authority cited: Sections
					 315,
					 315.2,
					 315.4
					 and
					 2531.95,
					 Business and Professions Code. Reference: Sections
					 315,
					 315.2
					 and
					 315.4,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.132 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purpose of denial, suspension, or
				revocation of a license pursuant to Section
				141 or Division 1.5 (commencing
				with Section
				475) of the Code or Sections
				2533 and
				2533.1 of the Code, a crime,
				professional misconduct, or act shall be considered substantially related to
				the qualifications, functions, and duties of a hearing aid dispenser if to a
				substantial degree it evidences present or potential unfitness of a licensee to
				perform the functions authorized by the license in a manner consistent with the
				public health, safety, or welfare.
(b) In making the substantial relationship
				determination required under subdivision (a) for a crime, the Board shall
				consider the following criteria:
(1) The
				nature and gravity of the offense.
(2) The number of years elapsed since the
				date of the offense.
(3) The nature
				and duties of a licensee.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.133 - Criteria for Rehabilitation-Denials and Reinstatements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial of a license
				or a temporary license under Section
				480 of the Code, on the ground
				that the applicant has been convicted of a crime, or when considering the
				reinstatement of a license, the Board shall consider whether the applicant made
				a showing of rehabilitation, if the applicant completed the criminal sentence
				at issue without a violation of parole or probation. In making this
				determination, the Board shall consider the following criteria:
(1) The nature and gravity of the
				crime(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.134 - Criteria for Rehabilitation-Suspensions and Revocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the suspension or
				revocation of a license or a temporary license on the grounds that the licensee
				has been convicted of a crime, the Board shall consider whether the licensee
				made a showing of rehabilitation, if the licensee completed the criminal
				sentence at issue without a violation of parole or probation. In making this
				determination, the Board shall consider the following criteria:
(1) The nature and gravity of the
				crime(s).
(2) The length(s) of the
				applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				licensee's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.135 - Authority to Issue Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer of the Board is
				authorized to determine after due and reasonable examination of the alleged
				violation when and against whom a citation will be issued and to issue
				citations containing orders of abatement and fines for violations by a licensed
				hearing aid dispenser of the statutes and regulations referred to in this
				article. As used in this article, "licensed hearing aid dispenser" also
				includes one who holds a temporary license as a hearing aid
				dispenser.
(b) A citation shall be
				issued whenever any fine is levied or any order of abatement is issued. Each
				citation shall be in writing and shall describe with particularity the nature
				and facts of the violation, including a reference to the statute or regulations
				alleged to have been violated. The citation shall be served upon the individual
				personally or by certified mail.
1. New section
				  filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
2. Change
				  without regulatory effect amending subsection (a) and NOTE filed 6-11-2001
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
3. Change without regulatory
				  effect amending subsection (a) and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 125.9,
					 125.95
					 and
					 2531.06,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 125.95,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.136 - Amount of Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The amount of any fine to be levied by the Executive Officer
				  shall take into consideration the factors listed in subdivision (b)(3) of
				  section 125.9 of the Code and shall be
				  within the range set forth in each subsection below.
(a) The fine for a violation of the following
				provisions shall be from $1100 to $2500:
(1)
				Business and Professions Code section
				2538.20
(2) Business and Professions Code section
				2538.30,
				subdivision (a)
(3) Business and
				Professions Code section
				2538.34,
				subdivision (b)
(4) Business and
				Professions Code section
				2538.36,
				subdivisions (a)(1)-(6) and (b)
(5)
				Business and Professions Code section
				2538.37
(6) Business and Professions Code section
				2533,
				subdivision (h)
(7) Civil Code
				section
				1689.6
(8) Civil Code section
				1793.02
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.137 - Compliance with Orders of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a cited person who has been issued an
				order of abatement is unable to complete the correction within the time set
				forth in the citation because of conditions beyond his or her control after the
				exercise of reasonable diligence, the person cited may request an extension of
				time from the Executive Officer in which to complete the correction. Such a
				request shall be in writing and shall be made within the time set forth for
				abatement.
(b) When an order of
				abatement is not contested or if the order is appealed and the person cited
				does not prevail, failure to abate the violation charged within the time
				allowed shall constitute a violation and failure to comply with the order of
				abatement. An order of abatement shall either be personally served or mailed by
				certified mail, return receipt requested. The time allowed for the abatement of
				a violation shall begin when the order of abatement is final and has been
				served or received. Such failure may result in disciplinary action being taken
				by the Board or other appropriate judicial relief being taken against the
				person cited.
1. New section
				  filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
2. Change
				  without regulatory effect amending section filed 6-11-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
3. Change without regulatory
				  effect amending section and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 125.9,
					 125.95
					 and
					 2531.06,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 125.95,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.138 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer of the Board is authorized to determine
				  when and against whom a citation will be issued and to issue citations
				  containing orders of abatement and fines against persons, partnerships,
				  corporations or associations who are performing or who have performed services
				  for which licensure as a hearing aid dispenser is required under the Hearing
				  Aid Dispensers Licensing Law. Each citation issued shall contain an order of
				  abatement. Where appropriate, the Executive Officer shall levy a fine for such
				  unlicensed activity in accordance with subdivision (b)(3) of section
				  125.9 of the Code. The provisions
				  of sections
				  1399.135 and
				  1399.137 shall apply to the
				  issuance of citations for unlicensed activity under this subsection. The
				  sanction authorized under this section shall be separate from and in addition
				  to any other civil or criminal remedies.
1. New section
				  filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
2. Change
				  without regulatory effect amending section filed 6-11-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
3. Change without regulatory
				  effect amending section and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 125.9,
					 125.95
					 and
					 2531.06,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 125.95,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Enforcement › Section 1399.139 - Contest of Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				In addition to requesting a hearing provided for in subdivision (b)(4) of
				section 125.9 of the Code, the person
				cited may, within ten (10) days after service or receipt of the citation,
				notify the Executive Officer in writing of his or her request for an informal
				conference with the Executive Officer regarding the acts charged in the
				citation. The time allowed for the request shall begin the first day after the
				citation has been served or received.
(b) The Executive Officer shall hold, within
				30 days from the receipt of the request, an informal conference with the person
				cited or his or her legal counsel or authorized representative. At the
				conclusion of the informal conference the Executive Officer may affirm, modify
				or dismiss the citation, including any fine levied or order of abatement
				issued. The Executive Officer shall state in writing the reasons for his or her
				action and serve or mail, as provided in subsection (b) of section
				1399.137, a copy of his or her
				findings and decision to the person cited within ten days from the date of the
				informal conference. This decision shall be deemed to be a final order with
				regard to the citation issued, including the fine levied and the order of
				abatement.
(c) The person cited
				does not waive his or her request for a hearing to contest a citation by
				requesting an informal conference after which the citation is affirmed by the
				Executive Officer. If the citation is dismissed after the informal conference,
				the request for a hearing on the matter of the citation shall be deemed to be
				withdrawn, If the citation, including any fine levied or order of abatement, is
				modified, the citation originally issued shall be considered withdrawn and new
				citation issued. If a hearing is requested for the subsequent citation, it
				shall be requested within 30 days in accordance with subdivision (b)(4) of
				section 125.9.
1. New section
				  filed 5-20-91; operative 6-19-91 (Register 91, No. 26).
2. Change
				  without regulatory effect amending section filed 6-11-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
3. Change without regulatory
				  effect amending section and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 125.9,
					 125.95,
					 and
					 2531.06,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 125.95,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Continuing Education › Section 1399.140 - Continuing Education Required

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any hearing aid license that expires on
				or after July 1, 2017, is required to complete at least twelve (12) hours of
				continuing education from a provider approved under Section
				1399.141 during each annual
				renewal period.
(1) No more than three (3)
				hours of continuing education may be credited in related or indirect client
				care courses as provided in Section
				1399.140.1.
(2)
(A) No
				more than six (6) hours of the required continuing education may be credited
				for self-study or correspondence-type coursework, e.g., recorded courses, home
				study materials, or computer courses.
(B) Self-study does not include live courses.
				A self-study course does not mean a course taken at an accredited university
				towards a degree, nor does it include any interactive courses offered via
				electronic media where the course affords participants the opportunity to
				interact with an instructor and/or other course
				participants.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Continuing Education › Section 1399.140.1 - Continuing Education Course Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The content of a continuing education
				course shall pertain to direct, related, or indirect patient/client care.
				Course content shall not focus on equipment, devices, or other products of a
				particular publisher, company, or corporation.
(1) Direct client care courses cover current
				practices in the fitting of hearing aids.
(2) Indirect patient/client care courses
				cover practical aspects of hearing aid dispensing (e.g., legal or ethical
				issues (including the ethics of advertising and marketing), consultation,
				record-keeping, office management, and managed care issues).
(3) Courses that are related to the
				discipline of hearing aid dispensing may cover general health condition or
				educational course offerings including, but not limited to, social interaction,
				cultural and linguistic diversity as it applies to service delivery for diverse
				populations, service delivery models, interdisciplinary case management issues,
				or medical pathologies that also result in hearing
				difficulties.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Continuing Education › Section 1399.142 - Sanctions for Noncompliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any dispenser who does not complete the
				required number of hours of continuing education will be required to make up
				any deficiency during the next calendar year and renewal cycle. Such dispenser
				shall document to the Board the completion of any deficient hours. Any
				dispenser who fails to make up the deficient hours and the hours of required
				continuing education for the current year shall be ineligible for the next
				renewal of his or her license to dispense hearing aids until such time as the
				deficient hours of continuing education are documented to the Board.
(b) In addition to any other sanction,
				fraudulently misrepresenting compliance with the continuing education
				requirements of Section
				2538.18 of the Code and this
				article shall constitute "securing a license by fraud or deceit" as those terms
				are used in Section
				2533, subd. (b), of the
				Code.
1. Change
				  without regulatory effect amending subsection (a) filed 6-11-2001 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
2. Change without regulatory
				  effect amending section and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
3. Amendment of subsection (b)
				  filed 10-25-2016; operative 1-1-2017 (Register 2016, No.
				  44).
Note: Authority cited: Sections
					 2531.06
					 and
					 2538.18,
					 Business and Professions Code. Reference: Section
					 2538.18,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Continuing Education › Section 1399.143 - Repetition of Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Credit will not be given toward approved continuing education
				  coursework which is substantially similar to coursework which was successfully
				  completed within the preceding two (2) years and used to meet the continuing
				  education requirements of this article and Section
				  2538.18 of the
				  Code.
1. Change
				  without regulatory effect amending section and NOTE filed 10-28-2015 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
2. Amendment filed 10-25-2016;
				  operative 1-1-2017 (Register 2016, No. 44).
Note: Authority cited: Section
					 2538.18,
					 Business and Professions Code. Reference: Section
					 2538.18,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Continuing Education › Section 1399.144 - Waiver of Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Board may, in its discretion, exempt from the continuing education
				requirements, any dispenser who for reasons of health, military service, or
				undue hardship cannot meet those requirements. Applications for waivers shall
				be submitted to the Board for its consideration.
(b) Any dispenser who submits an application
				for a waiver which is denied by the Board shall otherwise comply with the
				provisions of this article or be subject to the sanctions for noncompliance set
				forth in Section
				1399.142.
1. Change
				  without regulatory effect amending section filed 6-11-2001 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2001, No. 24).
2. Change without regulatory
				  effect amending section and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
3. Amendment filed 10-25-2016;
				  operative 1-1-2017 (Register 2016, No. 44).
Note: Authority cited: Section
					 2538.18,
					 Business and Professions Code. Reference: Section
					 2538.18,
					 Business and Professions Code.