Delaware Code Title 24 Sec. 3715 – Grounds for discipline
(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 3716 of this title if after a hearing, the Board finds that the speech/language pathologist, audiologist or hearing aid dispenser:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a speech/language pathologist, 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, audiologist or hearing aid dispenser; to represent himself or herself as a speech/language pathologist, 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 and/or the dispensing of hearing aids.
(4) A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefor.
(5) Has excessively used or abused drugs either in the past 2 years or currently.
(6) Has engaged in an act of consumer fraud or deception; engaged in the restraint of competition; or participated in price-fixing activities.
(7) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder.
(8) Has had the practitioner’s license as a speech/language pathologist, 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, 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.
(9) Has failed to notify the Board that the practitioner’s license as a speech/language pathologist, 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 shall be conclusive evidence thereof; or,
(10) 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.
Terms Used In Delaware Code Title 24 Sec. 3715
- Audiologist: shall mean a person who is licensed to practice audiology pursuant to this act and who offers such services to the public under any title or description of services incorporating the words "audiologist" "hearing clinician" "hearing therapist" "aural rehabilitator" or any other similar title or description of service. See Delaware Code Title 24 Sec. 3702
- Board: shall mean the State Board of Speech/Language Pathologists, Audiologists and Hearing Aid Dispensers established in this chapter. See Delaware Code Title 24 Sec. 3702
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Hearing aid: shall mean any personal, wearable instrument or device designed for, offered for the purpose of, or represented as, aiding persons with, or compensating for, impaired hearing. See Delaware Code Title 24 Sec. 3702
- Hearing aid dispenser: shall mean a person licensed to dispense hearing aids pursuant to this Act and who is engaged in the evaluation or measurement of the power or range of human hearing by means of an audiometer or any other means devised for the purpose of selecting, adapting and distributing or selling of hearing aids. See Delaware Code Title 24 Sec. 3702
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall mean a corporation, company, association or partnership, as well as an individual. See Delaware Code Title 24 Sec. 3702
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 3702
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of speech/language pathology, audiology and/or the dispensing of hearing aids. See Delaware Code Title 24 Sec. 3702
(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice speech/language pathology, audiology or dispense hearing aids shall 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].
24 Del. C. 1953, § ?3618; 59 Del. Laws, c. 206, § ?1; 65 Del. Laws, c. 224, § ?1; 70 Del. Laws, c. 186, § ?1; 72 Del. Laws, c. 266, § ?1; 74 Del. Laws, c. 262, § ?84; 75 Del. Laws, c. 436, § ?43;