(a) A practitioner licensed under this chapter is subject to disciplinary actions set forth in § 3716 of this title if after a hearing, the Board finds that the speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser has done any of the following: (1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser; has impersonated another person holding a license, or has allowed another person to use that practitioner's license, or has aided or abetted a person not licensed as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser to be represented as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser. (2) Has illegally, incompetently, or negligently practiced speech/language pathology, audiology, or hearing aid dispensing. (3) Has been convicted of a crime that is substantially related to the practice of speech/language pathology, audiology, or the dispensing of hearing aids. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence therefor. (4) Has excessively used or abused drugs. (5) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities. (6) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder. (7) Has had the practitioner's license as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser in this State shall be deemed to have given consent to the release of this information by the Board of Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses. (8) Has failed to notify the Board that the practitioner's license as a speech/language pathologist, speech/language pathology assistant, audiologist, or hearing aid dispenser in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked. A certified copy of the record of disciplinary action, surrender, suspension, or revocation is conclusive evidence thereof. (9) Has a physical condition such that the performance of speech/language pathology, audiology, or dispensing of hearing aids is or may be injurious or prejudicial to the public. (b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license may be restricted, suspended, or revoked by the Board, and no practitioner's right to practice speech/language pathology, audiology, or dispense hearing aids may be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
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