A. The board may deny, revoke, suspend or impose conditions upon a license held or applied for under the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act in accordance with the procedures set forth in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] upon findings by the board that the licensee or applicant:

1. (1) is guilty of fraud or deceit in procuring or attempting to procure a license;
2. (2) has been convicted of a felony. A certified copy of the record of conviction shall be conclusive evidence of the conviction;
3. (3) is guilty of incompetence;
4. (4) is guilty of unprofessional conduct;
5. (5) is selling or fitting the first hearing aid of a child under sixteen years of age who has not been examined and cleared for the hearing aid by an otolaryngologist or a dispensing audiologist who has earned certification by a national professional association;
6. (6) is selling or fitting a hearing aid on a person who has not been tested, except for replacement aids;
7. (7) uses untruthful or misleading advertising;
8. (8) makes any representation as being a medical doctor when the licensee or applicant is not a licensed medical doctor;
9. (9) is addicted to the use of habit-forming drugs or is addicted to a substance to such a degree as to render the licensee or applicant unfit to practice as a speech-language pathologist, dispensing or nondispensing audiologist or hearing aid dispenser;
10. (10) is guilty of unprofessional conduct, as defined by regulation of the board;
11. (11) is guilty of a violation of the Controlled Substances Act [Chapter 30, Article 31 NMSA 1978];
12. (12) has violated a provision of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
13. (13) is guilty of willfully or negligently practicing beyond the scope of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act;
14. (14) is guilty of aiding or abetting the practice of speech-language pathology, audiology or hearing aid dispensing by a person not licensed by the board;
15. (15) is guilty of practicing without a license in violation of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act and its regulations; or

16. (16) has had a license, certificate or registration to practice speech-language pathology, audiology or hearing aid dispensing revoked, suspended or denied in any jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts described in this section. A certified copy of the record of the jurisdiction taking such disciplinary action will be conclusive evidence thereof.

    B. Disciplinary proceedings may be initiated by a person filing a sworn complaint. A person filing a sworn complaint shall be immune from liability arising out of civil action if the complaint is filed in good faith and without actual malice.

History: Laws 1996, ch. 57, § 21; 2015, ch. 110, § 7.

ANNOTATIONS

Delayed repeals. — For delayed repeal of this section, see 61-14B-25 NMSA 1978.

The 2015 amendment, effective June 19, 2015, amended the disciplinary proceedings provision of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act by authorizing the speech language pathology, audiology and hearing aid dispensing practices board to deny, revoke, suspend or impose conditions upon a license if the licensee sells or fits the first hearing aid of a child under sixteen years of age who has not been examined and cleared for a hearing aid by an otolaryngologist or a dispensing audiologist who has earned "certification by a national professional association"; the law previously required clearance from both an otolaryngologist and a dispensing audiologist; in the introductory sentence of Subsection A, after "conditions upon", deleted "any" and added "a"; in Paragraph (5) of Subsection A, after "first hearing aid of", deleted "any" and added "a", after "otolaryngologist", deleted "and" and added "or", after "dispensing audiologist who", deleted "is certified competent by a nationally recognized speech-language or hearing association or holds equivalent certification" and added "has earned certification by a national professional association"; in Paragraph (6) of Subsection A, after "hearing aid on", deleted "any" and added "a"; in Paragraph (8) of Subsection A, after "(8)", deleted "is representing himself as" and added "makes any representation as being", and after "medical doctor when", deleted "he" and added "the licensee or applicant"; in Paragraph (9) of Subsection A, after the second occurrence of "addicted to", deleted "any" and added "a", and after "to render", deleted "him" and added "the licensee or applicant"; in Paragraph (11) of Subsection A, after "guilty of", deleted "any" and added "a"; in Paragraph (12) of Subsection A, after "violated", deleted "any" and added "a"; and in Subsection B, after "initiated by", deleted "any" and added "a", and after "complaint.", deleted "Any" and added "A".