§ 3716 — Disciplinary sanctions [For application of this section, see 84 Del. Laws, c. 418, § 2]

Delaware § 3716

• Jurisdiction: Delaware
• Title: 24
• Ch. 37: Speech/Language Pathologists, Audiologists, and Hearing Aid Dispensers [For application of this chapter, see 84 Del. Laws, c. 418, § 2]
• Subch.: License [For application of this subchapter, see 84 Del. Laws, c. 418, § 2]

Text

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 3715 of this title applies to a practitioner regulated by this chapter:

(1) Issue a letter of reprimand.

(2) [Repealed.]

(3) Place a practitioner on probationary status, and require the practitioner to:

a. Report regularly to the Board upon the matters that are the basis of the probation.

b. Limit all practice and professional activities to those areas prescribed by the Board.

(4) Suspend any practitioner’s license.

(5) Revoke any practitioner’s license.

(6) Impose a monetary penalty not to exceed $1,000 for each violation.

(7) The Board shall permanently revoke the license to practice speech/language pathology, audiology, or hearing aid dispensing of a person who is convicted of a felony sexual offense.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies that required such action have been remedied.

(c) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

(d) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.

(e) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety, or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.

Legislative History

72 Del. Laws, c. 266, § 1 ; 79 Del. Laws, c. 213, § 2 ; 79 Del. Laws, c. 277, § 12 ; 84 Del. Laws, c. 234, § 11 ; 84 Del. Laws, c. 418, § 1