In addition to grounds for disciplinary action as set forth in Section 40-1-110 and in accordance with Section 40-67-120, the board may take disciplinary action against a licensee who:

(1) violates federal, state, or local laws relating to speech-language pathology or audiology;

(2) violates a provision of this chapter or an order issued under this chapter or a regulation promulgated under this chapter;

(3) fraudulently or deceptively attempts to use, obtain, alter, sell, or barter a license;

(4) aids or abets a person who is not a licensed audiologist or speech-language pathologist in illegally engaging in the practice of audiology or speech-language pathology within this State;

(5) participates in the fraudulent procurement or renewal of a license for himself or another person or allows another person to use his license;

(6) commits fraud or deceit in the practice of speech-language pathology or audiology including, but not limited to:

(a) misrepresenting an educational degree, training, credentials, competence, or any other material fact;

(b) using or promoting or causing the use of any misleading, deceiving, improbable, or untruthful advertising matter, promotional literature, testimonial guarantee, warranty, label, brand, insignia, or any other representation;

(c) wilfully making or filing a false report or record in the practice of audiology or speech-language pathology or in satisfying requirements of this chapter;

(d) submitting a false statement to collect a fee or obtaining a fee through fraud or misrepresentation;

(7) commits an act of dishonest, immoral, or unprofessional conduct while engaging in the practice of speech-language pathology or audiology including, but not limited to:

(a) engaging in illegal, incompetent, or negligent practice of speech-language pathology or audiology;

(b) providing professional services while mentally incompetent or under the influence of alcohol or drugs;

(c) providing services or promoting the sale of devices, appliances, or products to a person who cannot reasonably be expected to benefit from the services, devices, appliances, or products;

(d) diagnosing or treating individuals for speech or hearing disorders by mail or telephone unless the individual had been previously examined by the licensee and the diagnosis or treatment is related to the examination;

(8) is convicted of or pleads guilty or nolo contendere to a felony or crime involving moral turpitude or a violation of a federal, state, or local alcohol or drug law, whether or not an appeal or other proceeding is pending to have the conviction or plea set aside;

(9) is disciplined by a licensing or disciplinary authority of another state, country, or nationally recognized professional organization or convicted of or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section;

(10) fails to obtain informed consent when performing an invasive procedure or fails to obtain informed written consent when engaging in an experimental procedure;

(11) violates the code of ethics promulgated in regulation by the board.

HISTORY: 1997 Act No. 96, Section 1.

Editor's Note

Prior Laws:1962 Code Section 56-1549.15; 1973 (58) 773; 1976 Code Section 40-67-160.