State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 2533-2533.4

BUSINESS AND PROFESSIONS CODE
SECTION 2533-2533.4



2533.  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 if he or she has been guilty of unprofessional conduct.
Unprofessional conduct shall include, but shall not be limited to,
the following:
   (a) Conviction of a crime substantially related to the
qualifications, functions, and duties of a speech-language
pathologist or audiologist, 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 himself or herself, 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; or (4) any combination
of paragraphs (1), (2), or (3). The record of the conviction shall
be conclusive evidence of unprofessional conduct.
   (d) 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.
   (e) Committing a dishonest or fraudulent act that is substantially
related to the qualifications, functions, or duties of a licensee.
   (f) Incompetence or gross negligence in the practice of
speech-language pathology or audiology.
   (g) Other acts that have endangered or are likely to endanger the
health, welfare, and safety of the public.



2533.1.  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 or audiologist 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 of the Penal Code allowing the person to
withdraw his or her 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.



2533.2.  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.



2533.3.  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.




2533.4.  Whenever any person other than a licensed speech-language
pathologist or audiologist has engaged in any act or practice which
constitutes an offense against this chapter, a superior court of any
county, on application of the board, may issue an injunction or other
appropriate order restraining that 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.