Plain Text Law

Regulation .08 Probation and Violation of Probation Proceedings.

Regulation .08 Probation and Violation of Probation Proceedings.Copy Citation

A.
If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including but not limited to:
(1)
Reeducation or completion of approved courses;
(2)
Payment of a fine;
(3)
Providing free audiology, hearing aid dispensing, speech-language pathology, or music therapy services in a Board-approved program;
(4)
Practicing under supervision;
(5)
Monitoring by the Board or by an individual or entity approved by the Board, with periodic reporting to the Board;
(6)
Periodic review of a licensee's clinical practices or billing;
(7)
Periodic audits of a licensee's billing practices;
(8)
An examination by a physician or other appropriate health care provider;
(9)
Limitation of the licensee's practice;
(10)
Obtaining a passing score on an appropriate examination; or
(11)
Any other condition the Board considers appropriate for the rehabilitation or retraining of a licensee.
B.
A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee.
C.
A licensee seeking termination of probation shall do so only by petitioning the Board to lift the probation when:
(1)
The specific period of time has passed;
(2)
The licensee has successfully completed the conditions or acts required for termination; or
(3)
Both.
D.
If the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall:
(1)
Charge the licensee with a violation of probation;
(2)
Take any action the final order or consent order provides for a violation of probation, including suspension of the license;
(3)
Consider a summary suspension of the license; or
(4)
Take any other action the Board considers appropriate and may take by law.
E.
Charges for Violation of Probation.
(1)
If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter.
(2)
The charging document for a violation of probation shall:
(a)
Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated;
(b)
Allege facts that constitute a basis for a violation of probation; and
(c)
Notify the respondent of:
(i)
Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and
(ii)
The consequences of failing to appear for those proceedings or to request a hearing.
(3)
If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.
F.
Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .05E of this chapter.
G.
If the Board determines that a respondent has violated probation, the Board shall:
(1)
Take any action the consent order or final order provides for a violation of probation;
(2)
Impose additional conditions of probation; or
(3)
Impose a sanction or take any other action the Board considers appropriate and may take by law.