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36-37-23Actions constituting misconduct.

The board may take disciplinary actions for the following conduct:

(1)    Fraudulently or deceptively obtaining or attempting to obtain a license or a provisional license;

(2)    Fraudulently or deceptively using a license or provisional license;

(3)    Altering a license or provisional license;

(4)    Aiding or abetting unlicensed practice;

(5)    Selling, bartering, or offering to sell or barter a license or provisional license;

(6)    Committing fraud or deceit in the practice of speech-language pathology, including:

(a)    Willfully making or filing a false report or record in the practice of speech-language pathology;

(b)    Submitting a false statement to collect a fee;

(c)    Obtaining a fee through fraud or misrepresentation;

(7)    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;

(8)    Falsely representing the use or availability of services or advise of a physician;

(9)    Misrepresenting the applicant, licensee, or holder by using the term, doctor, or any similar word, abbreviation, or symbol if the use is not accurate or if the degree was not obtained from a regionally accredited institution;

(10)    Committing any act of dishonesty, immorality, or unprofessional conduct while engaging in the practice of speech-language pathology;

(11)    Engaging in illegal, incompetent, or negligent practice;

(12)    Providing professional services while:

(a)    Mentally incompetent;

(b)    Under the influence of alcohol;

(c)    Using any narcotic or controlled dangerous substance or other drug that is in excess of therapeutic amounts or without valid medical indication;

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

(14)    Violating any provision of this chapter, or any lawful order given, or rule adopted, by the board;

(15)    Being convicted or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

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

(17)    Exploiting a patient for financial gain or sexual favors;

(18)    Failing to report suspected cases of child abuse or vulnerable adult abuse;

(19)    Diagnosing or treating a person for speech disorders by mail or telephone unless the person has been previously examined by the licensee and the diagnosis or treatment is related to such examination; or

(20)    Violating federal, state, or local laws relating to the profession.

The board shall adopt, by rules promulgated pursuant to chapter 1-26, a schedule of sanctions to be imposed as the result of formal or informal disciplinary activities conducted by the board.

Source: SL 2012, ch 196, § 23.

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