2005 Idaho Code - 54-2923 — GROUNDS FOR DISCIPLINARY ACTION AND DENIAL

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 29
                   SPEECH AND HEARING SERVICES PRACTICE ACT
    54-2923.  GROUNDS FOR DISCIPLINARY ACTION AND DENIAL. The following
conduct, acts or conditions shall constitute grounds for disciplinary action
and grounds for denial of an application for licensure or renewal:
    (1)  The conviction of any felony or being convicted of any crime which
has a bearing on any practice pursuant to this chapter. Conviction, as used in
this subsection (1), shall include a finding of verdict of guilt, an admission
of guilt, or a plea of nolo contendere or its equivalent. The record of
conviction, or a certified copy thereof, certified by the clerk of the court
or by the judge in whose court the conviction occurred, shall be conclusive
evidence of such conviction;
    (2)  Obtaining or attempting to obtain a license or registration by fraud,
misrepresentation, omission or deceit, or making misleading, deceptive, untrue
or fraudulent representations in violation of this chapter or in the practice
of the profession;
    (3)  When related to the practice for which licensure is required by this
chapter, engaging in incompetent or unethical conduct, or practicing or
offering to practice beyond the scope of the practice as defined in this
chapter, or committing an intentional, negligent, or reckless act or failing
to act, or engaging in practice that fails to meet the standard of care
provided by licensees in the same or similar communities;
    (4)  Practicing when physical or mental abilities are impaired by
including, but not limited to, the use of controlled substances or other
drugs, chemicals or alcohol, or having been adjudged mentally incompetent by a
court of competent jurisdiction;
    (5)  Engaging in practice under a false name or alias or using or
attempting to use an invalid license or a license that has been unlawfully
purchased, fraudulently obtained, counterfeited or materially altered;
    (6)  Failing to administer necessary tests utilizing appropriate,
established procedures and instrumentation;
    (7)  Engaging in improper practice or promoting unnecessary devices,
treatment, intervention or service for the financial gain of the practitioner
or of a third party;
    (8)  Failing to pay a valid judgment that arose out of any practice
pursuant to this chapter within two (2) months of the date that the judgment
became final;
    (9)  Having had a license revoked or suspended, other disciplinary action
taken or an application for licensure or license renewal refused, revoked or
suspended by the proper authorities of another state, territory or country, or
omitting such information from any application to the board, or failure to
divulge such information when requested by the board;
    (10) Failing to notify the board of any change of address of a place of
business within thirty (30) days of the date of such change;
    (11) Failing to meet continuing education requirements as established by
the board;
    (12) Failing to provide refunds pursuant to the terms of a written
contract entered into by the consumer and the licensee;
    (13) Failing to properly or adequately supervise any permit holder,
support person, or assistant in accordance with this chapter and the
administrative rules adopted by the board, or aiding or abetting a person not
licensed in this state who directly or indirectly performs activities
requiring a license;
    (14) Committing any act of sexual contact, misconduct, exploitation or
intercourse with a client or former client or related to the licensee's
practice, provided:
    (a)  Consent of the client shall not be a defense;
    (b)  This subsection (14) shall not apply to sexual contact between a
    licensee and such licensee's spouse or a person in a domestic relationship
    with the licensee who is also a client;
    (c)  A former client means a client for whom the licensee is not at the
    relevant time providing services but for whom the licensee has provided
    services within the last twelve (12) months; and
    (d)  Sexual or romantic relationships with former clients beyond the
    period of time set forth herein may also be a violation if the licensee
    uses or exploits the trust, knowledge, emotions or influence derived from
    the prior professional relationship with the client;
    (15) Failing to report to the board any act or omission of a licensee,
applicant, or any other person, which violates any provision of this chapter;
    (16) Interfering with a board investigation or disciplinary proceeding by
willful misrepresentation of facts, failure to provide information upon
request from the board, or by use of threats or harassment against any client
or witness to prevent them from providing evidence in a disciplinary
proceeding, investigation or other legal action;
    (17) Violating any provisions of this chapter, board rules, adopted codes
of ethics or other applicable federal or state statutes or rules including,
but not limited to, the Idaho consumer protection act, relating directly or
indirectly to any practice pursuant to this chapter.