Aside from our physical appearance, our voice is what most people notice about us during our first encounters. The ability to communicate, even at the primary level, is a "blessing" many take for granted, and no one understands that better than you, a speech therapist or speech-language pathologist.
After dedicating several years of education and training to acquire the necessary knowledge and skills to diagnose and treat speech-related problems, the last issue you would want to deal with is complaints that could jeopardize your license. Facing a complaint against your audiology, speech-language, hearing aid dispenser, or license can be frustrating and stressful, but you have options.
When you receive a notice of investigation from the license board about a complaint filed against you, a skilled attorney can help protect your reputation and livelihood so you can continue assisting patients whenever they are in need.
Our reliable attorneys at Oakland License Attorney are well-trained and have the resources to offer you aggressive legal representation through every stage to secure the most favorable outcome.
The Speech-Language Pathologist's Duties, Audiology and Hearing Aid Dispensers Board Mission
The Speech-Language Pathologist's Duties, Audiology and Hearing Aid Dispensers Board is responsible for issuing licenses to qualified audiologists, speech therapists, and hearing aid dispensers. Being "qualified" means the expert is well-educated and trained to help patients with speaking, hearing, and balance problems.
Here is a brief explanation of the important roles of audiologists, hearing aid dispensers, and speech therapists, respectively:
Audiologist
As a trained and certified audiologist, your role is to diagnose and treat various hearing disorders. Patients will come to you for medical care if they notice anything unusual about their hearing. An audiologist helps patients with hearing problems and those with balance issues.
Hearing Aid Dispenser
While hearing problems can develop as you grow older, these issues could also be due to chronic health problems or accidents. When you experience hearing problems, a hearing aid dispenser can help you pinpoint the cause of the problem and provide an appropriate hearing aid that can help restore your hearing ability so you can continue enjoying life as you previously did.
Speech Therapists
If you have a speaking problem, a speech therapist can intervene and offer their expertise to help restore your speaking ability. Specifically, as a trained and licensed speech therapist, your work is to help people with fluency, pronunciation, rhythm, or other speaking disorders.
Although the licensing board is not against you, once they receive a complaint or allegation from a consumer, a law enforcement authority, or other agencies, your practice license could be at risk. Since the board's primary mission is to protect consumers and the public against substandard and unsafe practices, they will begin an investigation immediately once they receive a consumer complaint or criminal allegation against you via their website.
If the board finds the complaints "unsubstantiated," the board will dismiss the case. However, if the allegations you are up against are "substantiated," the board could conduct a well-planned sting operation to find more evidence against you, the licensee.
Once an investigation against you begins, the board will notify you about it. While it is natural to worry because you do not know what the allegations could be, an attorney can help. A skilled attorney could challenge any interim suspension against you to retain your rights to offer your services as the investigation continues.
Common Violations and Complaints the Above Professionals Face
Several complaints and criminal allegations could make an audiologist, hearing aid dispenser, and pathologist face the board's disciplinary actions against their hard-earned practice licenses. Below are common complaints and allegations many license holders face:
- Unprofessional conduct.
- Alcohol or illegal substance abuse, mainly if the abuse occurred during work hours while attending or treating a patient.
- Receiving payments for referrals.
- Insurance fraud.
- Permitting unlicensed and unqualified assistants to offer services under your supervision.
- Receiving bribes for recommending a suitable hearing aid for a patient.
- Violation of professional experience rules.
- Having a past criminal record or receiving a conviction for a crime related to your area of expertise.
- Incompetence, gross negligence, or failing to provide treatment.
- False advertising or misleading practices.
Even if you are a first-time offender, retaining the services of an attorney when a complaint or a criminal charge is filed against you would be a wise step to increase your odds of securing a favorable outcome.
Possible Disciplinary Actions (Penalties) the Board Could impose
If the case you are up against is substantial, the board will issue you a formal accusation stating the allegations you are up against. Your attorney will keenly scrutinize this document to know the best defenses he/she can use to secure the best possible outcome, including dismissal of the case or settlement.
If this occurs, it will eliminate the need for an administrative hearing "trial" before an administrative law judge (ADJ). However, if an administrative hearing must occur, your attorney must prepare his/her exculpatory evidence and mitigating arguments to help you avoid possible disciplinary actions or secure a lighter penalty.
If your attorney's defenses work in your favor, the ADJ could dismiss your case, meaning you will not face any disciplinary actions. However, when you lose the hearing, you should be ready for disciplinary actions or penalties. The seriousness of the penalty you will receive will depend on the facts of your unique case.
While every case is unique, below are the potential disciplinary actions you could receive at the end of the administrative hearing:
- A public reprimand.
- Citation and fine.
- License probation.
- License suspension.
- License revocation.
The last disciplinary action is the most grave disciplinary action you could face for a violation or complaint because you will lose the right to keep offering your services to those in need. The main difference between license suspension and revocation is that suspension lasts for a specified period, whereas revocation lasts indefinitely.
Having a seasoned attorney who understands the ins and outs of these types of cases and how the ADJ treats them is the key to securing the best possible outcome. The sooner you contact an attorney after receiving the board's notice of investigation about a complaint filed against you, the higher the chances of securing a favorable outcome in the alleged case.
How a Criminal Conviction Could Impact Your Practice License
As mentioned in the previous paragraph, your licensing board can take disciplinary action against you if you have a past criminal conviction record for a misdemeanor or felony offense. That is particularly true if the offense on your criminal record is closely related to your profession and duties as a speech therapist, an audiologist, or a hearing aid dispenser.
Below are examples of common crimes the board could consider "closely" related to your profession and duties:
- Domestic violence.
- Sexual battery.
- Grand theft or petty theft.
- Drunk driving or driving under the influence of drugs (DUID).
- Possession of a controlled drug substance for personal use.
- Insurance fraud.
- Possession of a controlled drug substance for sale.
Generally speaking, once the prosecutor files criminal charges against you, the board could order the judge to impose varying restrictions on your practice license, even if you are not yet guilty of the alleged offense. The restrictions the court could impose could come in the following three forms:
- The board could request that license restrictions be one of the conditions for your release on bail to prevent you from continuing with unsafe or substandard practices after your release from the detention facility.
- The licensing board could request license suspension to be part of your sentence if your charges end up with a conviction at trial.
- The board could request the court suspend your practice license pending the judgment of your case at trial.
If your attorney can file a response to the order the board issues to the criminal court, you could avoid the above detrimental restrictions on your practice license upon a conviction for any crime. A reliable and aggressive attorney could also convince the court to drop or reduce your criminal charges to a lighter offense, carrying less serious penalties.
Your Options if You Want the Board to Approve or Reinstate Your Practice License
Unfortunately, securing a practice license after spending several years in school to attain a speech therapist, audiologist, or hearing aid dispensing certificate is not a walk in the park. Similarly, if the board has suspended or revoked your license, convincing the board to reinstate it could require the skills of an aggressive and seasoned attorney.
Whether you are trying to have your license application accepted or want it reinstated, you will rely on the services of an attorney throughout the entire process to increase your odds of securing a favorable outcome.
Your attorney can aid you in filing an appeal if the board has already denied your application for a practice license and provide the necessary evidence to prove you are an excellent candidate to have the license.
Whatever the problem the board has with your practice license or application, never give up with consulting an attorney to know your options. An attorney can prepare and present necessary evidence, including rehabilitation evidence, to convince the court that you are ready to commence your practice and offer the best services to your clients.
How Your Attorney Can Protect Your Practice License
Once you receive a notice of investigation or accusation from the licensing board, suspending or revoking your practice license is not automatic. With proper legal representation, you could avoid the detrimental disciplinary actions the board could impose on your practice license or secure lighter penalties that allow you to keep the license and offer your services.
Below are different measures that your attorney could take to help protect your practice license when the board receives a customer's complaint against you:
- Review your case for any procedural errors.
- Negotiate for a favorable settlement.
- Present mitigating circumstances and facts that can work in your favor to secure a favorable outcome.
- Summon eyewitnesses at your case's administrative hearing.
- Present evidence to help challenge the allegations you are up against for the best possible outcome.
- File an appeal if necessary.
As you can see, you cannot overlook the importance of an attorney in your case. If dismissal of the case is impossible, your attorney could help you secure a lighter disciplinary action, including license probation.
That means you can continue working to earn income to care for your family's financial needs and hire the best attorney to help you challenge the allegations you are up against for the best possible outcome.
What to Consider When Finding a Competent Attorney to Help Protect Your Practice License
If you are a hearing aid dispenser, audiologist, or speech therapist facing any complaint or allegation that could jeopardize your practice license, an attorney could help. However, not every attorney you find online is competent to handle your case. Here are factors to consider when looking for a reliable attorney to help with your case for the best possible outcome:
The Attorney's Qualifications and Experience
While every expert was once an amateur, you cannot risk settling for the services of an amateur attorney who does not have experience in similar cases. Aside from being experienced, ensure the attorney you choose to help challenge the complaints or allegations you are up against is qualified and experienced.
The Attorney's Licensing Credentials
Like any other professional, an attorney must secure proper licensing credentials before offering legal services. If your prospective attorney is unlicensed, you should treat that as a red flag about his/her competence and reliability.
The Attorney's Availability
Finally, before settling for the services of any attorney, you should consider his/her work schedule and availability. Ensure the attorney you choose has a flexible work schedule or a few clients to ensure that he/she will provide adequate attention to your unique case for the best attainable outcome.
Find a Professional License Defense Attorney Near Me
Although each case is unique, it is a wise idea to retain the services of an attorney before responding to the licensing board's investigation team's tricky questions and demands. If you are a hearing aid dispenser, speech therapist, or audiologist and are at risk of losing your practice license, our attorneys at Oakland License Attorney can help.
We invite you to call us at 341-234-0408 to discuss your unique case with our understanding and profound defense attorneys.
