(a) After a hearing, the department may impose a disciplinary sanction on a registered speech-language pathologist assistant when the department finds that the registrant
- (1) secured a registration through deceit, fraud, or intentional misrepresentation;
- (2) fraudulently or deceptively used a registration;
- (3) altered a registration;
- (4) sold, bartered, or offered to sell or barter a registration;
- (5) engaged in deceit, fraud, or intentional misrepresentation in the course of assisting in the practicing of speech-language pathology;
- (6) advertised speech-language services in a manner that is false, misleading, or deceptive;
- (7) has been convicted of a felony or other crime that affects the person's ability to continue to practice competently and safely, including a crime involving drugs or alcohol;
- (8) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients;
(9) continued to practice speech-language pathology after becoming unfit due to
- (A) professional incompetence or gross negligence;
- (B) use of drugs or alcohol in a manner that affects the person's ability to practice speech-language pathology competently and safely;
- (C) a physical or mental disability;
- (10) permitted another person to use the registrant's registration;
- (11) has been disciplined by an official government body with jurisdiction over licensure, certification, or registration of a health care or teaching practice; a certified copy of the final disciplinary action constitutes conclusive evidence against the person;
- (12) failed to maintain confidentiality except as otherwise required or permitted by law;
- (13) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department.
(b) The department may not impose disciplinary sanctions on a speech- language pathologist assistant for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist assistant
- (1) or another licensed health care provider is available to provide follow-up care;
- (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist assistant is not the person's primary care provider and, if the person consents, the speech-language pathologist assistant sends the records to the person's primary care provider; and
- (3) meets the requirements established by the board in regulation.
- (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.