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§ 1399.182. Requirements for Information Disclosure.

16 CA ADC § 1399.182Barclays Official California Code of Regulations

Barclays 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 13. Information Disclosure
16 CCR § 1399.182
§ 1399.182. Requirements for Information Disclosure.
Currentness
The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board will disclose the following information, if known, upon any request regarding any speech-language pathologist or audiologist licensed in California:
(a) Current status of a license, issuance and expiration date of a license, and the identity and date of all undergraduate and graduate degrees awarded.
(b) Any public action or administrative decision against any speech-language pathologist or audiologist, and any disposition thereof, taken by the Board, another state or the Federal Government including, but not limited to:
(1) the filing of an accusation;
(2) licensure revocations;
(3) denial of an application for licensure;
(4) temporary restraining orders;
(5) interim suspension orders;
(6) citations, infractions, or fines imposed;
(7) limitations on practice ordered by the Board including those made part of a probationary order or stipulated agreement; and
(8) public letters of reprimand.
The following disclaimer shall be included with these disclosures:
“Any adverse judgment or administrative order is subject to appeal or challenge by the speech-language pathologist or audiologist. For example, if an order revoking the license of a speech-language pathologist or audiologist is adopted by the Board, he or she can challenge that order by filing a petition for a writ of mandamus in superior court. If this court determines the order was issued contrary to law, it can vacate the Board's action and order that the speech-language pathologist or audiologist be reinstated.”
(c) Accusations which have been filed and later withdrawn shall be retained in the Board's files for a period of one year after the accusation is withdrawn.
(d) Civil judgments in any amount of a claim or action for damages for death or personal injury caused by the negligence, error, or omission in practice by a speech-language pathologist or audiologist, or by his or her rendering unauthorized professional services, whether or not vacated by a settlement after entry of the judgment, that have not been reversed on appeal, including the date and amount of judgment, the court and case number, a brief summary of the circumstances as provided by the court, plus any information the Board possesses pertaining to the disposition of the case following entry of judgment. The Board shall also include the following disclaimer with such disclosures:
“Any civil judgment is subject to appeal by the losing party. For example, if a judgment is entered against a speech-language pathologist or audiologist, he or she can appeal to a higher court. If this court determines the judgment was entered in error, it can either vacate it or reduce the amount of any money damages awarded against the speech-language pathologist or audiologist.”
(e) Arbitration awards in any amount of a claim or action for damages for death or personal injury caused by the negligence, error, or omission in practice of the speech-language pathologist or audiologist or by his or her rendering unauthorized professional services.
(f) California felony convictions reported to the Board on or after January 1, 1991, including the nature of the conviction, the date of conviction, the sentence, if known, the court of jurisdiction, and an appropriate disclaimer including, but not limited to, the accuracy of the information provided.
(g) Summaries of any disciplinary actions taken at a hospital or any other type of health care facility that result in the termination or revocation of staff privileges of a speech-language pathologist or audiologist for medical disciplinary cause or reason.
(h) Matters that have been referred to the Attorney General for the filing of an accusation or statement of issues; provided that:
(1) The matter has not been rejected by the Attorney General; and
(2) The following disclaimer accompanies the disclosure:
“Referral of a matter to the Attorney General for the filing of an accusation or statement of issues only occurs after an investigation has been conducted by the Board and a determination has been made that the actions of the speech-language pathologist or audiologist are of a nature that should warrant disciplinary action. In some instances, however, the Attorney General may determine that disciplinary action is not warranted. Such cases will normally not result in the filing of a formal accusation. When an accusation is filed, the speech-language pathologist or audiologist will be given notice and the right to request a hearing before an independent administrative law judge. At such a hearing, the Board has the burden of proving the allegations contained in the accusation. Unless a legal determination is made that the Board has sustained this burden, no disciplinary action may be taken against the speech-language pathologist or audiologist.”

Credits

Note: Authority cited: Sections 129 and 2531.95, Business and Professions Code; and Section 6253, Government Code. Reference: Section 129, Business and Professions Code; and Sections 6250, 6252 and 6253, Government Code.
History
1. New section filed 8-1-2006; operative 8-31-2006 (Register 2006, No. 31). For prior history, see Register 99, No. 50.
2. Change without regulatory effect amending first paragraph filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1399.182, 16 CA ADC § 1399.182
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