reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Disciplinary Guidelines › Section 1399.155 - 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 (Section
				11400 et seq. of the Government
				Code) the Board shall consider the disciplinary guidelines entitled
				"Disciplinary Guidelines July 16, 2004" 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 and
				evidentiary problems.
(b)
				Notwithstanding subsection (a), the Board shall use the uniform standards for
				substance-abusing licensees as provided in Section
				1399.155.1, 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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 6 - Disciplinary Guidelines › Section 1399.155.1 - 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
				1399.155 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). For prior history,
				  see Register 99, No. 50.
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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Denial, Suspension and Revocation of Licensure › Section 1399.156 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unprofessional conduct as set forth in Section
				  2533 of the Code includes, but is
				  not limited to the following:
(a)
				Violating or conspiring to violate or aiding or abetting any person to violate
				the provisions of the Act or these regulations.
(b) Committing any corrupt act, or any
				abusive act against a patient, which is substantially related to the
				qualifications, functions or duties of a speech-language pathologist or
				audiologist.
(c) Incompetence or
				negligence in the practice of speech-language pathology or audiology which has
				endangered or is likely to endanger the health, welfare, or safety of the
				public.
(d) Commission of an act
				prohibited by Section
				1399.155.
(e) On or after January 1, 2013, a violation
				of Section
				143.5 of the Code.
(f) 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.
(g) 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.
(h) 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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Denial, Suspension and Revocation of Licensure › Section 1399.156.1 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension,
				or revocation of a license or registration 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 to be substantially related
				to the qualifications, functions, or duties of a person holding a license under
				the Act if to a substantial degree it evidences present or potential unfitness
				of a person holding a license to perform the function authorized by the license
				or registration 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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Denial, Suspension and Revocation of Licensure › Section 1399.156.2 - Rehabilitation Criteria for Denials and Reinstatements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial of a license
				or registration under Section
				480 of the Code, on the ground
				that the applicant has been convicted of a crime, or when considering a
				petition for reinstatement under Section
				11522 of
				the Government Code, 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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Denial, Suspension and Revocation of Licensure › Section 1399.156.3 - Rehabilitation Criteria for Suspensions or Revocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the suspension or
				revocation of a license on the grounds that a person holding a license or
				registration under the Act 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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Denial, Suspension and Revocation of Licensure › Section 1399.156.4 - Advertising

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensed
				speech-language pathologist or audiologist may advertise the provision of any
				services authorized by the Act so long as such advertising does not promote the
				excessive or unnecessary use of such services.
(b) A licensed speech-language pathologist or
				audiologist may advertise any academic degree that has been earned and awarded
				provided that the advertisement of that degree is not false, deceptive,
				misleading or in the exercise of reasonable care should be known to be false,
				deceptive or misleading.
(c) The
				Board may consider the following factors in determining whether advertising any
				degrees from the following categories of institutions is false, deceptive, or
				misleading:
(1) An institution that was not
				legally authorized or approved to award the degree by the appropriate state
				regulatory or licensing agency at the time the degree was awarded or at any
				time during which the licensee was in attendance.
(2) An institution whose state approval was
				revoked within one (1) year after the degree was awarded.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 7 - Denial, Suspension and Revocation of Licensure › Section 1399.156.5 - 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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 8 - Miscellaneous › Section 1399.157.1 - Notice to Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A licensed Speech-Language Pathologist, Speech-Language Pathology Assistant,
				Required Professional Experience Licensee, or Speech-Language Pathology Aide
				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
Speech-Language Pathologists, Speech-Language Pathology
				  Assistants, Required Professional Experience Licensees, and Speech-Language
				  Pathology Aides are licensed and regulated by the Speech-Language Pathology
				  & Audiology & Hearing Aid Dispensers Board
(916)287-7915
www.speechandhearing.ca.gov
(b) A licensed Audiologist, Required
				Professional Experience Licensee, or Audiology Aide 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
Audiologists, Required Professional Experience
				  Licensees, and Audiology Aides are licensed and regulated by the
				  Speech-Language Pathology & Audiology & Hearing Aid Dispensers
				  Board
(916)287-7915
www.speechandhearing.ca.gov
(c) 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 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 8 - Miscellaneous › Section 1399.157.2 - Filing of Change of Address

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person holding or having a license, registration, or
				  application on file with the Board shall notify the Board in writing within
				  thirty (30) calendar days of any change of mailing address, giving both the old
				  and new address.
1. Change
				  without regulatory effect renumbering former section
				  1399.189 to section
				  1399.157.2 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
2. Change without regulatory
				  effect amending section filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Section
					 2531.95,
					 Business and Professions Code. Reference: Sections
					 2532.1,
					 2535.1
					 and
					 2536.3,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 9 - Speech-Language Pathology and Audiology Corporations › Section 1399.158 - Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations may be cited and referred to as the
				  "Speech-Language Pathology and Audiology Corporation
				  Regulations."
1. Amendment
				  filed 8-19-76; effective thirtieth day thereafter (Register 76, No.
				  34).
2. Amendment filed 4-20-79; effective thirtieth day thereafter
				  (Register 79, No. 16).
3. New subsection (b) filed 2-28-80;
				  effective thirtieth day thereafter (Register 80, No. 9).
4.
				  Amendment filed 8-9-83; effective thirtieth day thereafter (Register 83, No.
				  33).
5. Amendment filed 11-23-83; effective thirtieth day thereafter
				  (Register 83, No. 48).
6. Change without regulatory effect amending
				  section filed 11-1-91 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 92, No. 8).
7. Amendment of subsections
				  (a)-(b), new subsection (c) and subsection relettering filed 4-18-96; operative
				  5-18-96 (Register 96, No. 16).
8. Change without regulatory effect
				  amending subsections (a) and (b) filed 4-27-98 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 98, No. 18).
9. Change without regulatory
				  effect renumbering former section
				  1399.158 to section
				  1399.152.2 and renumbering former
				  section 1399.190 to section
				  1399.158 filed 12-6-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 50).
Note: Authority cited: Sections
					 2531.95
					 and
					 3125,
					 Business and Professions Code. Reference: Section
					 2539,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 9 - Speech-Language Pathology and Audiology Corporations › Section 1399.158.1 - Requirements for Professional Corporations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A professional corporation shall comply with the following
				  provisions:
(a) The corporation is
				organized and exists pursuant to the General Corporation Law and is a
				professional corporation within the meaning of the Moscone-Knox Professional
				Corporations Act, Corporations Code Section
				13400,
				et seq.
(b) Each shareholder,
				director and officer (except as provided in Section
				13403 of
				the Corporations Code and Section
				2537.2 of the code) holds a valid
				speech-language pathologist's or audiologist's license, as the case may be. A
				speech-language pathologist may be a shareholder, officer or director of an
				audiology corporation and an audiologist may be a shareholder, officer or
				director of a speech-language pathology corporation in accordance with the
				numerical restrictions set forth in Section
				13401.5
				of the Corporations Code.
(c) Each
				employee of the corporation who will practice speech-language pathology or
				audiology whether or not a director, officer or shareholder, holds a valid
				speech-language pathologist's or audiologist's license.
1. Change
				  without regulatory effect renumbering former section
				  1399.191 to section
				  1399.158.1 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
Note: Authority cited: Sections
					 2531.95
					 and
					 2539,
					 Business and Professions Code. Reference: Sections
					 2536
					 and
					 2536.1,
					 Business and Professions Code; and Sections
					 13401,
					 13401.5,
					 13403,
					 13405
					 and
					 13406,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 9 - Speech-Language Pathology and Audiology Corporations › Section 1399.158.2 - Shares: Ownership and Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Where there are two or more shareholders
				in a speech-language pathology or audiology corporation and one of the
				shareholders:
(1) Dies; or
(2) Becomes a disqualified person as defined
				in Section
				13401(d)
				of the Corporations Code, for a period exceeding ninety (90) days his or her
				shares shall be sold and transferred to the corporation, its shareholders, or
				other eligible licensed persons, on such terms as are agreed upon. Such sale or
				transfer shall not be later than six (6) months after any such death and not
				later than ninety (90) days after the date the shareholder becomes a
				disqualified person. The requirements of this subsection shall be set forth in
				the speech-language pathology or audiology corporation's articles of
				incorporation or by-laws.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 9 - Speech-Language Pathology and Audiology Corporations › Section 1399.158.3 - Corporate Activities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A speech-language pathology or audiology corporation may perform any act
				authorized by its articles of incorporation or by-laws so long as that act is
				not in conflict with or prohibited by the Speech-Language Pathologists and
				Audiologists Licensure Act or the regulations adopted pursuant
				thereto.
(b) A speech-language
				pathology or audiology corporation may enter into partnership agreements
				respectively with other speech-language pathology or audiology corporations or
				with speech-language pathologists or audiologists.
1. Change
				  without regulatory effect renumbering former section
				  1399.193 to section
				  1399.158.3 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
Note: Authority cited: Sections
					 2531.95
					 and
					 2539,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 9 - Speech-Language Pathology and Audiology Corporations › Section 1399.158.4 - Requirements for Professional Corporations. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				  without regulatory effect renumbering former section
				  1399.194 to section
				  1399.158.4 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
Note: Authority cited: Sections
					 2531.95
					 and
					 2539,
					 Business and Professions Code. Reference: Sections
					 2536
					 and
					 2536.1,
					 Business and Professions Code; and Sections
					 13401,
					 13401.5,
					 13403,
					 13405
					 and
					 13406,
					 Corporations Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 10 - Citations and Fines › Section 1399.159 - Citations-Content and Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				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/or fines for violations by any licensee or registrant of the
				Board of the statutes and regulations referred to in this article.
(b) Each citation shall be in writing and
				shall describe with particularity the nature and facts of each violation
				specified in the citation, including a reference to the statute or regulation
				alleged to have been violated.
(c)
				The citation may contain an assessment of an administrative fine, an order of
				abatement fixing a reasonable time for abatement of the violation, or
				both.
(d) The citation shall inform
				the cited person of the right to a citation review conference concerning the
				matter and of the right to an administrative hearing.
(e) The citation shall be served upon the
				licensee personally or by certified mail, return receipt requested.
1. New section
				  filed 5-20-77; effective thirtieth day thereafter (Register 77, No. 21). For
				  prior history, see Register 76, No. 34.
2. Amendment of section
				  title filed 4-20-79; effective thirtieth day thereafter (Register 79, No.
				  16).
3. Amendment filed 8-9-83; effective thirtieth day thereafter
				  (Register 83, No. 33).
4. New subsection (b) filed 6-25-90;
				  operative 6-25-90 (Register 90, No. 34).
5. Change without
				  regulatory effect amending subsections (a) and (b)(3) filed 11-1-91 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 92, No. 8).
6. Amendment of subsection (b)
				  filed 10-4-93; operative 11-3-93 (Register 93, No. 41).
7. Change
				  without regulatory effect amending subsections (a) and (b)(3) filed 4-27-98
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 98, No. 18).
8. Change without regulatory
				  effect renumbering former section
				  1399.159 to section
				  1399.152.3 and renumbering former
				  section 1399.195 to section
				  1399.159 filed 12-6-99 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 99, No. 50).
9. Amendment of subsection (a)
				  filed 3-29-2006; operative 4-28-2006 (Register 2006, No. 13).
10.
				  Change without regulatory effect amending subsection (a) filed 10-28-2015
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2531.95,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 10 - Citations and Fines › Section 1399.159.01 - Office Mediation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Prior to issuing any citation, the Executive Officer shall provide notice of a
				probable violation and offer the individual who is the subject of the notice an
				opportunity to resolve the matter through office mediation.
(b) A request for office mediation must be
				made within fourteen (14) calendar days after the notice of probable violation
				was mailed.
(c) Within thirty (30)
				calendar days from the receipt of any such request, the Executive Officer shall
				conduct office mediation with the individual or his or her legal counsel or
				authorized representative.
(d) At
				or before the office mediation, the Executive Officer shall provide the
				individual or his or her representative with a notice informing him or her of
				the right to request copies of all relevant non-privileged documents pertaining
				to the matter. The notice will further inform the individual or his or her
				representative that these copies will be provided by the Board upon receipt of
				a written request. Disclosure of these documents shall not constitute a waiver
				of any exemption under the Public Records Act that permits the Board to
				withhold disclosure of these documents from inquiring members of the general
				public.
(e) Within fourteen (14)
				calendar days from the date of the office mediation, the Executive Officer will
				determine whether to proceed with the service of a citation pursuant to Section
				1399.159.2. Alternately, the
				Executive Officer shall have the authority to enter into a settlement agreement
				with the individual.
(f) If no
				settlement agreement is reached and the Executive Officer decides to go forward
				with a formal citation, the person cited shall not waive the right to request a
				formal hearing under the Administrative Procedures Act pursuant to subdivision
				(b)(4) of Section
				125.9
				of the Business and Professions Code by virtue of the fact that he or she
				previously requested office mediation.
(g) In any settlement agreement entered into
				between the Board and the individual, the individual shall not be asked to
				waive or give up any future appeal rights he or she may have under the
				Administrative Procedures Act or any other law.
1. New section
				  filed 3-29-2006; operative 4-28-2006 (Register 2006, No. 13).
2.
				  Change without regulatory effect amending subsections (a) and (d)-(f) filed
				  10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2531.95,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148 and
					 149 Business and Professions
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 10 - Citations and Fines › Section 1399.159.1 - Violations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The Executive Officer shall consider the factors listed in subdivision (b)(3)
				of section
				125.9 of the Code in determining
				the amount of the fine to be assessed or the terms of the order of abatement in
				any citation.
(b) The Executive
				Officer may, in his or her discretion, assess a fine not to exceed $5,000 for
				each investigation, and issue an order of abatement for any violation of the
				Code or regulations governing the practices of speech-language pathology and
				audiology;
(c) Notwithstanding the
				administrative fine amount specified in subsection (b), a citation may include
				a fine between $2501 and $5,000 if one or more of the following circumstances
				apply:
(1) The citation involves a violation
				that has an immediate relationship to the health and safety of another
				person.
(2) The cited person has a
				history of two or more prior citations of the same or similar
				violations.
(3) The citation
				involves multiple violations that demonstrate willful disregard of the
				law.
(4) The citation involves a
				violation or violations perpetrated against a minor, a senior citizen, or
				disabled person.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 10 - Citations and Fines › Section 1399.159.2 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer of the Board may
				issue citations, in accordance with section
				148 of the Code, against any
				person, partnership, corporation, association or other group however organized
				who is performing or who has performed services for which licensure is required
				under the act or regulations governing the practices of speech-language
				pathology or audiology.
(b) Each
				citation issued under this section shall contain an order of
				abatement.
(c) The Executive
				Officer, in his or her discretion, may assess a fine for the unlicensed
				activity in accordance with subdivision (b)(3) of section
				125.9 of the Code.
(d) Each citation shall be in writing and
				shall describe with particularity the nature and facts of each violation
				specified in the citation, including a reference to the statute or regulation
				alleged to have been violated.
(e)
				The citation shall be served upon the person personally or by certified mail,
				return receipt requested.
(f) The
				sanction authorized under this section shall be separate from and in addition
				to any other civil or criminal remedy.
1. Change
				  without regulatory effect renumbering former section
				  1399.197 to section
				  1399.159.2 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
2. Change without regulatory
				  effect amending subsections (a) and (c) filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 125.9,
					 148,
					 and
					 2531.95,
					 Business and Professions Code. Reference: Section
					 125.9,
					 148,
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 10 - Citations and Fines › Section 1399.159.3 - Compliance with Citation/Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Orders of abatement may be extended for
				good cause. 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/her control after the exercise of reasonable
				diligence, then he/she may request from the Executive Officer an extension of
				time within which to complete the correction. Such a request shall be in
				writing and shall be made within the time set forth for abatement.
(b) If a citation is not contested, or if the
				citation is appealed and the person cited does not prevail, failure to abate
				the violation or to pay the assessed fine within the time allowed shall
				constitute a violation and a failure to comply with the citation or order of
				abatement.
(c) Failure to timely
				comply with an order of abatement or pay an assessed fine may result in
				disciplinary action being taken by the Board or other appropriate judicial
				relief being taken against the person cited.
(d) If a fine is not paid after a citation
				has become final, the fine shall be added to the cited person's license renewal
				fee. A license shall not be renewed without payment of the renewal fee and
				fine.
1. Change
				  without regulatory effect renumbering former section
				  1399.198 to section
				  1399.159.3 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
2. Change without regulatory
				  effect amending subsections (a) and (c) filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Section
					 125.9,
					 148
					 and
					 2531.95,
					 Business and Professions Code. Reference: Section
					 125.9,
					 148,
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 10 - Citations and Fines › Section 1399.159.4 - Contest of Citations. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				  without regulatory effect renumbering and amending former section
				  1399.199 to section
				  1399.159.4 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
2. Repealer filed 3-29-2006;
				  operative 4-28-2006 (Register 2006, No. 13).
Note: Authority cited: Sections
					 125.9,
					 148
					 and
					 2531.95,
					 Business and Professions Code. Reference: Sections
					 125.9,
					 148
					 and
					 149,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 11 - Continuing Professional Development › Section 1399.160.1 - License Renewal Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as provided in Section
				1399.160.2, a licensee whose
				license expires in the year 2001, shall certify in writing, when applying for
				license renewal, by signing a statement under penalty of perjury that during
				the preceding renewal period the licensee has completed twelve (12) hours of
				continuing professional development courses.
(b) Except as provided in Section
				1399.160.2, a licensee who holds
				both a speech-language pathology license and an audiology license that expire
				in the year 2001, shall certify in writing, when applying for license renewal,
				by signing a statement under penalty of perjury that during the preceding
				renewal period the licensee has completed eight (8) hours of continuing
				professional development courses for each license for a total of sixteen (16)
				hours.
(c) Except as provided in
				Section 1399.160.2, a licensee shall
				certify in writing, when applying for license renewal, by signing a statement
				under penalty of perjury that during the preceding renewal period the licensee
				has completed twenty-four (24) hours of continuing professional development
				courses.
(d) Except as provided in
				Section 1399.160.2, a licensee who holds
				both a speech-language pathology license and an audiology license, shall
				certify in writing, when applying for license renewal, by signing a statement
				under penalty of perjury that during the preceding renewal period the licensee
				has completed sixteen (16) hours of continuing professional development courses
				for each license for a total of thirty-two hours.
(e) A licensee who falsifies or makes a
				material misrepresentation of fact when applying for license renewal or who
				cannot verify the completion of the continuing professional development
				requirement by producing a record of course completion, upon request by the
				Board, is subject the disciplinary action under Section
				2533(e) of the
				Code.
1. Change
				  without regulatory effect renumbering and amending former section
				  1399.199.2 to section
				  1399.160.1 filed 12-6-99 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 99, No. 50).
2. Change without regulatory
				  effect amending subsection (e) and NOTE filed 10-28-2015 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2015, No. 44).
Note: Authority cited: Sections
					 2531.95
					 and
					 2532.6(a),
					 Business and Professions Code. Reference: Sections
					 2532.6(b),
					 2532.6(c),
					 2532.6(d)
					 and
					 2533(e),
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 11 - Continuing Professional Development › Section 1399.160.2 - Exemptions from Continuing Professional Development

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An initial licensee shall complete at
				least twelve (12) hours of continuing professional development, of which no
				more than four (4) hours may be earned through the following activities prior
				to his or her first license renewal:
(1) No
				more than (2) hours of self-study activities,
(2) No more than (2) hours from courses
				related to the discipline of speech-language pathology or audiology as defined
				in Section
				1399.160.4(c)(4),
				or in indirect client care courses as defined in Section
				1399.160.4(c)(3).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 11 - Continuing Professional Development › Section 1399.160.3 - Continuing Professional Development Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensee, whose license expires in the
				year 2001, shall accrue at least twelve (12) hours of continuing professional
				development courses as defined in Section
				1399.160.4. A licensee may accrue
				no more than four (4) hours of continuing professional development courses
				through self-study courses during this renewal period.
(b) A licensee who holds both a
				speech-language pathology license and an audiology license that expire in the
				year 2001, shall accrue at least eight (8) hours of continuing professional
				development courses as defined in Section
				1399.160.4 for each license. A
				licensee may accrue no more than two (2) hours of continuing professional
				development courses through self-study courses for each license.
(c) A licensee shall accrue at least
				twenty-four (24) hours during a single renewal period of continuing
				professional development courses as defined in Section
				1399.160.4. A licensee may accrue
				no more than eight (8) hours of continuing professional development courses
				through the following activities during a single renewal period:
(1) No more than six (6) hours of self-study
				activities,
(2) No more than four
				(4) hours from courses related to the discipline of speech-language pathology
				or audiology, as defined in Section
				1399.160.4(c)(4)
				or in indirect client care courses as defined in Section
				1399.160.4(c)(3).
(3) Not more than 50% of the continuing
				professional development hours required of a licensed non-dispensing
				audiologist, may be in hearing aid courses, but shall not be obtained from
				courses where the content focuses on equipment, devices, or other products of a
				particular publisher, company or corporation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs › Article 11 - Continuing Professional Development › Section 1399.160.4 - Continuing Professional Development Course Content

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A licensed speech-language pathologist
				shall determine that the content and learning outcomes of a course are relevant
				to the practice of speech-language pathology as defined in Section
				2530.2(d).
(b) A licensed audiologists shall determine
				that the content and learning outcomes of a course are relevant to the practice
				of audiology as defined in Section
				2530.2(k).
(c) The content of a course shall pertain to
				direct, related, or indirect patient/client care.
(1) Examples of direct patient/client care
				courses for the practice of speech-language pathology include: fluency
				disorders, voice disorders, motor disorders of speech, dysphagia, speech
				science, oral and written language disorders, aphasia and neurogenic disorders
				of language and cognition, augmentative and alternative communication,
				phonological/articulatory disorders language science, and patient/client
				counseling to facilitate recovery from, or adjustment to, a communication
				disorder.
(2) Examples of direct
				patient/client care courses for the practice of audiology include auditory and
				vestibular assessment, auditory habilitation/rehabilitation, hearing assistive
				technology, industrial audiology/hearing conservation and hearing
				science.
(3) Indirect
				patient/client care courses cover pragmatic aspects of speech-language
				pathology or audiology practice (e.g., legal or ethical issues, consultation,
				record-keeping, office management, managed care issues, research obligations,
				technological applications related to assessment/diagnosis or
				intervention).
(4) Courses that are
				related to the discipline of speech-language pathology or audiology may cover
				general medical or educational offerings including, but not limited to, social
				interaction, cultural and linguistic diversity as it applies to service
				delivery for diverse populations, professional service delivery models,
				interdisciplinary case management issues, or medical pathologies related to
				neurological disorders that also result in communication
				difficulties.