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California Speech Language Pathologist License Defense Attorney

California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board License Defense Lawyer

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board, known as the Speech Language Pathology Board, licenses approximately 11,000 Speech Language Pathologists in the State of California. Most California Speech Language Pathologists have minimal or no contact with the enforcement arm of the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board. For Speech Language Pathologists who become part of the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board’s disciplinary process, the consequences are profound. The Speech Language Pathologist License disciplinary process is complex, procedural and time consuming. Speech Language Pathologists facing the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board disciplinary process should seek legal representation from an experienced California Speech Language Pathologist License Defense Attorney.

California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Investigation Defense Lawyer

The majority of California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board investigations begin with the filing of a consumer Complaint. However, California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Speech Language Pathologists. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board disciplinary process. At the conclusion of a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Speech Language Pathologist facing a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board investigation, contact a California Speech Language Pathologist License Defense Attorney for representation.

California Speech Language Pathologist License Accusation Defense Attorney

A formal Accusation served on a California Speech Language Pathologist serves as notice to a Speech Language Pathologist that the Board intends to revoke the Speech Language Pathologist License. The Speech Language Pathologist, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Speech Language Pathologist. A Default will result in the immediate Revocation of the Speech Language Pathologist License.

An Accusation is a serious matter that can result in the suspension or revocation of a Speech Language Pathologist License in California. In many cases, it is possible for Speech Language Pathologists to reach a Stipulated Agreement with the Attorney General’s Office and California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Speech Language Pathologists facing a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Accusation should contact an experienced California Speech Language Pathologist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Speech Language Pathologists include:

  • Aiding and Abetting Unlicensed Speech Language Pathology Activity
  • Speech Language Pathology Assistants Violation
  • Committing a Dishonest or Fraudulent Act
  • Corrupt or Abusive Act Against a Patient
  • Improper Advertising
  • Incompetence
  • Negligence
  • Sexual Misconduct
  • Unprofessional Conduct
  • Use of Alcoholic Beverages in a Dangerous Manner
  • Use of Any Dangerous Drugs in a Dangerous Manner
  • Use or Administering to Oneself Any Controlled Substance
  • Violation of Required Professional Experience

California Speech Language Pathologist License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Speech Language Pathologist to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Speech Language Pathologist can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Speech Language Pathologists facing a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Administrative Law Hearing need effective representation from a California Speech Language Pathologist License Defense Lawyer.

California Speech Language Pathologist License and Criminal Convictions

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board can discipline Speech Language Pathologists for criminal convictions. California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Speech Language Pathologist. Common criminal offenses that can cause Speech Language Pathologist License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board and other law enforcement agencies also investigate criminal conduct by Speech Language Pathologists in the course and scope of their practice. Criminal investigations often involve Speech Language Pathologists engaged in Insurance Fraud and Theft. In serious criminal cases against Speech Language Pathologists pending in Criminal Court, the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Speech Language Pathologist. A California Penal Code § 23 Order seeks to suspend a Speech Language Pathologist License in Criminal Court.

Speech Language Pathologists facing criminal charges and Speech Language Pathologists who are convicted of criminal offenses need an experienced California Speech Language Pathologist License Defense Attorney for representation in disciplinary proceedings before the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board.

California Speech Language Pathologist License Statement of Issues Attorney

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board thoroughly investigates all applicants for Speech Language Pathologist Licenses. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board may deny a California Speech Language Pathologist License to Speech Language Pathologist students and Speech Language Pathologists from other states and countries. Most California Speech Language Pathologist License denials occur due to criminal convictions, financial problems or misstatements on the Speech Language Pathologist License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Speech Language Pathologist License should contact a California Speech Language Pathologist License Denial Lawyer for representation in a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Statement of Issues Hearing.

California Speech Language Pathologist Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Speech Language Pathologists who have received a Speech Language Pathologist License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Speech Language Pathologist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board. A successful Speech Language Pathologist License Petition for Reinstatement requires representation by an experienced California Speech Language Pathologist License Defense Attorney.