§ 08-11-085

(a) After a hearing, the department may impose a disciplinary sanction on a speech-language pathologist when the department finds that the licensee (1) secured a license or temporary license through deceit, fraud, or intentional misrepresentation; (2) fraudulently or deceptively used a license or temporary license; (3) altered a license or temporary license; (4) sold, bartered, or offered to sell or barter a license or temporary license; (5) engaged in deceit, fraud, or intentional misrepresentation in the course of practicing speech-language pathology; (6) advertised professional services in a false or misleading manner; (7) has been convicted of a felony or other crime that affects the person's ability to continue to practice competently and safely; (8) engaged in unprofessional conduct, in sexual misconduct, or in lewd or immoral behavior in connection with the delivery of professional services to clients; (9) continued to practice speech-language pathology after becoming unfit due to (A) professional incompetence; (B) use of drugs or alcohol in a manner that affects the person's ability to practice speech-language pathology competently and safely; (C) a physical or mental

due to (A) professional incompetence; (B) use of drugs or alcohol in a manner that affects the person's ability to practice speech-language pathology competently and safely; (C) a physical or mental disability; (10) permitted another person to use the licensee's license or temporary license; (11) employed a person who does not have a valid current license or temporary license to practice speech-language pathology to perform work as a speech-language pathologist covered by this chapter; (12) failed to comply with a provision of this chapter or a regulation adopted under this chapter, or an order of the department. (b) The department may not impose disciplinary sanctions on a speech- language pathologist for the evaluation, diagnosis, or treatment of a person through audio, video, or data communications when physically separated from the person if the speech-language pathologist (1) or another licensed health care provider is available to provide follow-up care; (2) requests that the person consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist is not the person's primary care provider and, if the person consents, the

rson consent to sending a copy of all records of the encounter to a primary care provider if the speech-language pathologist is not the person's primary care provider and, if the person consents, the speech-language pathologist sends the records to the person's primary care provider; and (3) meets the requirements established by the board in regulation. (c) The department shall adopt regulations restricting the evaluation, diagnosis, supervision, and treatment of a person as authorized under (b) of this section by establishing standards of care, including standards for training, confidentiality, supervision, practice, and related issues.