Grounds for Imposition of Disciplinary Sanctions

The Board may, pursuant to 260 CMR 1.06, take disciplinary action against a Speech- Language Pathologist, Speech-Language Pathologist Provisional Licensee, or Audiologist or a Speech-Language Pathology Assistant or Audiology Assistant. Grounds for such disciplinary action shall include but not be limited to: (1) engaging in, authorizing, or aiding or abetting fraud, deceit, misrepresentation of material facts, the provision of false or forged evidence, or bribery in connection with any application for any License or certification which may be issued by the Board or in connection with any application for reinstatement of a License or certification issued by the Board; (2) violating any provision of the laws of the Commonwealth relating to the practice of Speech- Language Pathology and Audiology or any rule or regulation adopted thereunder; (3) committing professional misconduct or negligence in the practice of Speech-Language Pathology or Audiology; using drugs or alcohol to an extent which adversely affects his or her professional competence; (5) having been convicted of any crime including any misdemeanor or felony under the law of the Commonwealth of Massachusetts, the United States or laws of another jurisdiction which if committed in Massachusetts would constitute a crime under Massachusetts law; having been disciplined by another state or jurisdiction, provided that the conduct disciplined in another state or jurisdiction constitutes a violation of Massachusetts law; (7) having continued to practice while his or her registration is lapsed/expired, suspended, or revoked; (8) failing to possess the appropriate qualifications as outlined in the M.G.L. c. 112, §§ 138 through 147, M.G.L. c. 13, §§ 85 through 87 and 260 CMR 2.00: Application and Licensing Requirements; (9) having provided services for which he or she is not appropriately licensed; (10) failing to charge fees that are commensurate with services rendered; (11) failing to take all reasonable precautions to avoid injuring persons in the delivery of professional services; (12) failing to conduct himself or herself professionally; (13) failing to hold responsibility for all Speech-Language Pathology or Audiology services provided to persons being served by him or her; (14) failing to provide accurate information to persons served professionally and to the public about the nature and management of communication disorders, and about the profession and services rendered by its practitioners; (15) failing to maintain objectivity in all matters concerning the welfare of persons served professionally; (16) failing to establish and maintain an adequate, confidential, legible, secure, and accurate written case record for each patient, and failing to furnish or assist in furnishing a copy of the patient’s case record to the patient to whom that record pertains, or to the patient’s authorized representative, upon request. Applicable only to Speech-Language Pathologists, Speech-Language Pathologist Provisional Licensees and Audiologists: (17) failing to comply with the ASHA Code of Ethics, available from http://www.asha.org/Code-of-Ethics/; (18) failing to hold responsibility for all Speech-Language Pathology or Audiology services provided by any of his or her agents, supervisors or employees, and shall be responsible for any and all acts or omissions of such agents or employees; (19) failing to dispense communication related products in observance with the following standards: (a) Products associated with professional practice must be dispensed to persons served as a part of a program of comprehensive habilitative/rehabilitative care. (b) Fees established for professional services must be determined independent of whether a product is dispensed. (c) No professional shall require that any person served obtain a service or product from a particular source. (d) Price information about professional services rendered and products dispensed must be disclosed by providing to persons served a complete schedule of fees and charges in advance of rendering services, which schedule differentiates between fees for professional services and charges for products dispensed. (e) Products dispensed to the person served shall be evaluated to determine effectiveness.