Authority: IC 25-1-9; IC 25-35.6-2-2

Affected: IC 25-1-9-4; IC 25-1-9-16; IC 25-35.6-3-5.1

Sec. 6. (a) The board may refuse to issue a license to, or may suspend or revoke the license of, any person who has been guilty of unprofessional conduct within the meaning of IC 25-1-9-4. In addition to the general specifications encountered in IC 25-1-9-4, unprofessional conduct shall include, but is not limited to, the following:

1. (1) Violating or conspiring to violate or aiding or abetting any person to violate the provisions of IC 25-35.6.
2. (2) Committing a dishonest or fraudulent act as a licensed speech-language pathologist or audiologist.

3. (3) Diagnosing or treating individuals for speech or hearing disorders by mail or telephone unless the:

   1. (A) individual has been previously examined by the licensee; and
   2. (B) diagnosis or treatment is related to the examination.

4. (4) Incompetence or negligence in the practice of speech-language pathology or audiology that:

   1. (A) has endangered; or
   2. (B) is likely to endanger;
5. the health, welfare, or safety of the public.

(b) The board may order a license suspended or revoked, or may decline to issue a license, if an applicant or licensee has been convicted of a crime within the meaning of IC 25-1-9-4 or IC 25-1-9-16. Upon the suspension or revocation of a license on the grounds that the licensee has been convicted of a crime, the board, in evaluating the rehabilitation of the person and his or her eligibility for licensure, will consider the following:

1. (1) The nature and severity of the act or acts that resulted in the suspension or revocation of his or her license.
2. (2) The extent of time elapsed since the commission of the act or acts that resulted in the suspension or revocation.
3. (3) Whether the person has committed any act or acts that if done by a licensee would be grounds for suspension or revocation of a license since the date of suspension or revocation.

4. (4) Whether the person has done any act or acts involving dishonesty, fraud, or deceit with the intent to substantially:

   1. (A) benefit himself, herself, or another; or
   2. (B) injure another;
5. since the date of the suspension or revocation.

6. (5) Whether the person has complied with any or all conditions of:

   1. (A) probation or restitution; or
   2. (B) any other civil or criminal sanction;
7. imposed against him or her as a result of the act or acts, including such administrative penalties and conditions of probation as have been imposed on him or her by the board.
8. (6) Any other evidence of rehabilitation and eligibility for licensure that the person submits.

(c) Disciplinary action taken by this board will be reported to the Indiana department of education.

(Speech-Language Pathology and Audiology Board; Reg PA-1,Ch VI; filed Dec 4, 1974, 12:54 p.m.: Rules and Regs. 1975, p. 323; readopted filed Nov 9, 2001, 3:18 p.m.: 25 IR 1345; readopted filed Jul 19, 2007, 12:51 p.m.: 20070808-IR-880070069RFA; filed Aug 25, 2008, 3:07 p.m.: 20080924-IR-880070671FRA; readopted filed Dec 1, 2014, 8:41 a.m.: 20141231-IR-880140397RFA; readopted filed Oct 28, 2020, 1:59 p.m.: 20201125-IR-880200444RFA)