Article 4 - Denial, Suspension, Revocation, and Probation

California Business and Professions Code — §§ 2533-2533.6

Sections (7)

Amended by Stats. 2022, Ch. 415, Sec. 13. (AB 2686) Effective January 1, 2023.

The board may refuse to issue, or issue subject to terms and conditions, a license on the grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon the license of any licensee for any of the following:

(a)Conviction of a crime substantially related to the qualifications, functions, and duties of a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The record of the conviction shall be conclusive evidence thereof.
(b)Securing a license by fraud or deceit.
(c)(1) The use or administering

to themselves of any controlled substance.

(2)The use of any of the dangerous drugs specified in Section 4022, or of alcoholic beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other person, or to the public, or to the extent that the use impairs the ability of the licensee to practice speech-language pathology or audiology safely.
(3)More than one misdemeanor or any felony involving the use, consumption, or self-administration of any of the substances referred to in this section.
(4)Any combination of paragraph (1), (2), or (3).

The record of the conviction shall be conclusive evidence of unprofessional conduct.

(d)Engaging in any act in violation of Section 650.
(e)Advertising in violation of Section 17500. Advertising an academic degree that was not validly awarded or earned under the laws of this state or the applicable jurisdiction in which it was issued is deemed to constitute a violation of Section 17500.
(f)Committing a dishonest or fraudulent act that is substantially related to the qualifications, functions, or duties of a licensee.
(g)Incompetence, gross negligence, or repeated negligent acts.
(h)Other acts that have endangered or are likely to endanger the health, welfare, and safety of the

public.

(i)Use by a hearing aid dispenser of the term “doctor” or “physician” or “clinic” or “audiologist,” or any derivation thereof, except as authorized by law.
(j)The use, or causing the use, of any advertising or promotional literature in a manner that has the capacity or tendency to mislead or deceive purchasers or prospective purchasers.
(k)Any cause that would be grounds for denial of an application for a license.
(l)Violation of Section 1689.6 or 1793.02 of the Civil Code.
(m)Violation of a term or condition of a probationary order of a license issued by the board pursuant to Chapter 5

(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(n)Violation of a term or condition of a conditional license issued by the board pursuant to this section.
(o)Disciplinary action taken by any public agency in any state or territory for any act substantially related to the practice of speech-language pathology, audiology, or hearing aid dispensing.
(p)Aiding or abetting any person to engage in the unlicensed practice of speech-language pathology, audiology, or hearing aid dispensing.
(q)Violating or attempting to violate, directly or indirectly, any of the provisions of this

chapter.

Amended by Stats. 2022, Ch. 415, Sec. 14. (AB 2686) Effective January 1, 2023.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, and duties of a speech-language pathologist, audiologist, or hearing aid dispenser is deemed to be a conviction within the meaning of this article. The board may order a licensee be disciplined or denied a license as provided in Section 2533 when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence irrespective of a subsequent order under Section 1203.4, 1203.4a, or 1203.41 of the Penal Code allowing the person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the

verdict of guilty, or dismissing the accusation, information, or indictment.

Amended by Stats. 1990, Ch. 746, Sec. 14.

Proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Amended by Stats. 2011, Ch. 449, Sec. 7. (SB 933) Effective January 1, 2012.

Except as provided in Section 2538.42, any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both.

Amended by Stats. 2022, Ch. 415, Sec. 15. (AB 2686) Effective January 1, 2023.

Whenever a person other than a licensed speech-language pathologist, audiologist, or hearing aid dispenser has engaged in an act or practice which constitutes an offense under this chapter, a superior court of any county, on application of the board, may issue an injunction or other appropriate order restraining the conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The board may commence action in the superior court under this section on its own motion.

Added by renumbering Section 2538.19 by Stats. 2017, Ch. 454, Sec. 8. (AB 1706) Effective January 1, 2018.

(a)The board may prosecute a person for a violation of this chapter.
(b)The board shall hear and decide a matter, including, but not limited to, a contested case or a petition for reinstatement or modification of probation, or may assign the matter to an administrative law judge in accordance with the Administrative Procedure Act. Except as otherwise provided in this chapter, a hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Amended by Stats. 2023, Ch. 131, Sec. 3. (AB 1754) Effective January 1, 2024.

(a)A person whose license has been revoked or suspended, or who has been placed on probation, may petition the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum period of time has elapsed from the effective date of the decision ordering that disciplinary action:
(1)At least three years for reinstatement of a license revoked for unprofessional conduct, except that the board may, for good cause shown, specify in a revocation order that a petition for reinstatement may be filed after two years.
(2)At least two years for early

termination or one year for modification of a condition of probation of three years or more.

(3)At least one year for reinstatement of a license revoked for mental or physical illness, or for modification of a condition, or termination of probation of less than three years.
(b)The petition shall be on a form provided by the board and shall state any facts and information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order. The petition shall be verified by the petitioner who shall file an original and sufficient copies of the petition, together with any supporting documents, for the members of the board, the administrative law judge, and the Attorney General.
(c)The petition may be heard by the board, with the matter

presided over by an administrative law judge. After a hearing on the petition, the administrative law judge shall provide a decision as determined by the board which shall be acted upon in accordance with the Administrative Procedure Act.

(d)The board or the administrative law judge hearing the petition may consider all activities of the petitioner since the disciplinary action was taken, the offense for which the petitioner was disciplined, the petitioner’s activities during the time the license was in good standing, and the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability. The hearing may be continued, as the board or the administrative law judge finds necessary.
(e)The administrative law judge when hearing a petition for reinstating a license, or modifying a penalty, may recommend the imposition of any terms and conditions deemed

necessary.

(f)No petition shall be considered while the petitioner is under sentence for any criminal offense, including any period during which the petitioner is on court-imposed probation or parole. No petition shall be considered while there is an accusation or petition to revoke probation pending against the petitioner. The board may deny, without a hearing or argument, any petition filed pursuant to this section within a period of two years from the effective date of the prior decision following a hearing under this section.
(g)The board may deny, without a hearing or argument, any petition for termination or modification of probation filed pursuant to this section for any of the following:
(1)The petitioner has failed to comply with the terms and conditions of the disciplinary order.
(2)The board is conducting an investigation of the petitioner while they are on probation.
(3)The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee or registrant and this arrest occurred while on probation.
(4)The petitioner’s probation with the board is currently tolled.
(h)Nothing in this section shall be deemed to alter Sections 822 and 823.