The Texas Department of Licensing and Regulation (TDLR) is the state agency that handles licensing and disciplinary matters for various licensed occupations in Texas, including speech-language pathologists. Unfortunately, patients, colleagues, and other third parties can report speech-language pathologists, like all professionals, for alleged misconduct. Complaints handled by TDLR may involve any of the rules and laws governing speech-language pathologists.
Even if the complaint has no merit, receiving a complaint from TDLR can be highly stressful. The possibility of significant sanctions that adversely affect your career, including losing your license, makes the stakes high in disciplinary proceedings. Fortunately, your Texas speech-language pathologist license defense attorneys are here to help you devise the best strategy to defend yourself in any disciplinary proceedings that you may face.
TDLR Disciplinary Proceedings for Speech-Language Pathologists
TDLR operates a centralized complaint process for speech-language pathologists only with the licensees of the many other professions that it regulates. When TDLR receives a complaint, it initially determines whether:
- The agency has jurisdiction over the complaint; and
- Whether sufficient evidence exists of a violation of a rule or law that applies to the profession at issue.
A TDLR staff member opens a formal investigation upon affirmative findings of the above. The investigator notifies the licensee of the pending complaint, interviews all parties involved, and collects and reviews any relevant evidence, which can include documentary or witness evidence. The investigator may also complete an on-site visit to the licensee’s place of business if relevant to the allegations in the complaint. At the conclusion of the investigation, the investigator will complete a report to submit to a TDLR prosecuting attorney.
The TDLR prosecuting attorney reviews the investigative report and determines how to proceed with the case. For instance, the prosecuting attorney may decide to dismiss the complaint for a lack of evidence or take no action other than to issue a non-disciplinary warning letter to the licensee. However, the prosecuting attorney also may opt to initiate disciplinary action by issuing a Notice of Alleged Violation (NOAV) to the licensee. The NOAV outlines the specific violations that TDLR believes the speech-language pathologist has committed and seeks sanctions against them because of those violations.
Sanctions in Disciplinary Proceedings
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TDLR maintains an individualized enforcement plan for all licensees that it licenses and regulates. These enforcement plans contain disciplinary matrices that list common violations, the rule of law that forms the basis for the violation, and the recommended sanctions. The disciplinary matrix applicable to speech-language pathologists classifies violations into Classes A through D based on the severity of the violations. Class A violations are the least severe and carry the potential for the least severe sanctions. In contrast, Class D violations are the most severe and thus can result in the most severe sanctions.
Class A Violations
Class A penalties apply to minor administrative violations and violations related to the supervision of interns and assistants. Penalties may range from $50 to $500 in fines per violation.
Class B Violations
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Class B penalties range from $300 to $3,000 in fines per violation and/or up to one year of full license suspension. These violations include records and billing violations, unlicensed activity, violations by interns and assistants, violations related to the supervision of interns and assistants, and continuing education violations.
Class C Violations
Class C penalties range from $1,000 to $5,000 in fines and/or up to license revocation. These penalties apply to more severe violations involving records and billing, unlicensed activity, violations by assistants, standard of care, telehealth, code of ethics, and supervision of interns and assistants.
Class D Violations
Class D penalties can result in monetary fines of up to $5,000 per violation and/or up to license revocation. These penalties apply to the most serious violations, which include:
- Failure to comply with a previous TDLR order;
- Obtaining or attempting to obtain a license by fraud, misrepresentation, or concealment of a material fact;
- Selling, bartering, or offering to sell or barter a license or certificate of registration;
- Engaging in unprofessional conduct that endangers the health, welfare, or safety of the public;
- Failing to pay TDLR for a dishonored payment or processing fee; and
- Engaging in sexual conduct, including intercourse, kissing, or fondling, with a client or an assistant, intern, or student supervised by the licensee.
Furthermore, in determining the appropriate sanction from the range of potential sanctions in each case, the prosecutor will consider the following factors:
- The severity or seriousness of the violation;
- Whether the violation was willful or intentional;
- Whether the respondent acted in good faith to avoid or mitigate the violation or to correct the violation after it became apparent;
- Whether the respondent has engaged in similar violations in the past;
- The level of penalty or sanction necessary to deter future violations, both by the respondent and by the industry as a whole; and
- Any other matter that justice may require.
Get the Advice You Need About Your Speech-Language Pathologist License
When you face a disciplinary complaint concerning your speech-language pathologist license, you risk losing your career, your reputation, and your means of financial support. Don’t try to handle such a critical situation on your own. The speech-language pathologist license defense lawyers at Bertolino LLP can look at your circumstances and help you determine the most effective means of protecting your license. Call us today at (512) 980-3751 or get more information about us online.
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