(1) The director may take disciplinary action against a certificate holder pursuant to sections 12-20-404 and 12-305-113 if the director finds that the certificate holder has represented or held himself or herself out as a certified speech-language pathologist after the expiration, suspension, or revocation of his or her certification. (2) The director may take disciplinary or other action specified in section 12-20-404 or 12-305-113 or issue a cease-and-desist order to a certificate holder in accordance with sections 12-20-405 and 12-305-113 (8) upon proof that the certificate holder: (a) Has engaged in a sexual act with a person receiving services while a therapeutic relationship existed or within six months immediately following termination of the therapeutic relationship in writing. For the purposes of this subsection (2)(a): (I) "Sexual act" means sexual contact, sexual intrusion, or sexual penetration, as defined in section 18-3-401. (II) "Therapeutic relationship" means the period beginning with the initial evaluation and ending upon the written termination of treatment. (b) Has falsified information in an application or has attempted to obtain or has obtained a certification by fraud, deception, or misrepresentation; (c) Has a substance use disorder, as defined in section 27-81-102, excessively or habitually uses or abuses alcohol or habit-forming drugs, or habitually uses a controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects; except that the director has the discretion not to discipline the certificate holder if the certificate holder is participating in good faith in an alcohol or substance use disorder treatment program approved by the director; (d) (I) Failed to notify the director, as required by section 12-30-108 (1), of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that impacts the speech-language pathologist's ability to perform speech-language pathology with reasonable skill and safety to patients; (II) Failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the certificate holder unable to perform speech-language pathology with reasonable skill and safety to the patient; or (III) Failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections 12-30-108 and 12-305-117; (e) Has violated or aided or abetted or knowingly permitted any person to violate this article 305, an applicable provision of article 20 or 30 of this title 12, a rule adopted under this article 305, or any lawful order of the director; (f) Has failed to respond to a request or order of the director; (g) Has been convicted of or pled guilty or nolo contendere to a felony or any crime related to the certificate holder's practice of speech-language pathology or has committed an act specified in section 12-305-114. A certified copy of the judgment of a court of competent jurisdiction of the conviction or plea is conclusive evidence of the conviction or plea. In considering the disciplinary action, the director is governed by sections 12-20-202 (5) and 24-5- 101. (h) Has fraudulently obtained, furnished, or sold any speech-language pathology diploma, certificate, certification, renewal of certification, or record or aided or abetted the act; (i) Has failed to notify the director of the suspension or revocation of the person's past or currently held license, certificate, or certification required to practice speech-language pathology in this or any other jurisdiction; (j) Has failed to respond in an honest, materially responsive, and timely manner to a complaint against the certificate holder; (k) Has resorted to fraud, misrepresentation, or deception in applying for, securing, renewing, or seeking reinstatement of a certification in this or any other state, in applying for professional liability coverage, or in taking the examination required by this article 305; (l) Has failed to refer a patient to the appropriate licensed, certified, or registered health- care professional when the services required by the patient are beyond the level of competence of the speech-language pathologist or beyond the scope of speech-language pathology practice; (m) Has refused to submit to a physical or mental examination when ordered by the director pursuant to section 12-305-116; (n) Has failed to maintain or is not covered by professional liability insurance as required by section 12-305-107 (2) or (4) in the amount determined by the director by rule; (o) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under his or her care; (p) Has negligently or willfully practiced speech-language pathology in a manner that fails to meet generally accepted standards for speech-language pathology practice; (q) Has failed to make essential entries on patient records or falsified or made incorrect entries of an essential nature on patient records; (r) Has otherwise violated any provision of this article 305 or lawful order or rule of the director; or (s) Has committed: (I) A fraudulent insurance act, as set forth in section 10-1-128; or (II) An abuse of health insurance, as set forth in section 18-13-119. (3) Except as otherwise provided in subsection (2) of this section, the director need not find that the actions that are grounds for discipline were willful but may consider whether the actions were willful when determining the nature of disciplinary sanctions to impose.
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