10.41.04.08

.08 Probation and Violation of Probation Proceedings.

A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including but not limited to:

(1) Reeducation or completion of approved courses;

(2) Payment of a fine;

(3) Providing free audiology, hearing aid dispensing, or speech-language pathology services in a Board-approved program;

(4) Practicing under supervision;

(5) Monitoring by the Board or by an individual or entity approved by the Board, with periodic reporting to the Board;

(6) Periodic review of a licensee's clinical practices or billing;

(7) Periodic audits of a licensee's billing practices;

(8) An examination by a physician or other appropriate health care provider;

(9) Limitation of the licensee's practice;

(10) Obtaining a passing score on an appropriate examination; or

(11) Any other condition the Board considers appropriate for the rehabilitation or retraining of a licensee.

B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee.

C. A licensee seeking termination of probation shall do so only by petitioning the Board to lift the probation when:

(1) The specific period of time has passed;

(2) The licensee has successfully completed the conditions or acts required for termination; or

(3) Both.

D. If the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall:

(1) Charge the licensee with a violation of probation;

(2) Take any action the final order or consent order provides for a violation of probation, including suspension of the license;

(3) Consider a summary suspension of the license; or

(4) Take any other action the Board considers appropriate and may take by law.

E. Charges for Violation of Probation.

(1) If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter.

(2) The charging document for a violation of probation shall:

(a) Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated;

(b) Allege facts that constitute a basis for a violation of probation; and

(c) Notify the respondent of:

(i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and

(ii) The consequences of failing to appear for those proceedings or to request a hearing.

(3) If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.

F. Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .05E of this chapter.

G. If the Board determines that a respondent has violated probation, the Board shall:

(1) Take any action the consent order or final order provides for a violation of probation;

(2) Impose additional conditions of probation; or

(3) Impose a sanction or take any other action the Board considers appropriate and may take by law.