TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 29

SPEECH AND HEARING SERVICES PRACTICE ACT

54-2924.  Investigations and disciplinary actions — Procedures. (1) The board is authorized to institute any investigation, hearing or other legal proceeding necessary to effect compliance with this chapter.

(2)  The board or its hearing officer, upon a finding that action is necessary, shall have the power pursuant to this chapter to administer oaths, take depositions of witnesses within or without the state in the manner provided by the administrative rules adopted by the board, and shall have power throughout the state of Idaho to require the attendance of such witnesses and the production of such books, records and papers as it may desire at any hearing and for that purpose the board may issue a subpoena for any witness or a subpoena duces tecum to compel the production of any books, records or papers, directed to the sheriff of any county of the state of Idaho, where such witness resides or may be found, which shall be served and returned. The board may require a licensee to be examined to determine his or her mental or physical competence when the board has probable cause to believe the licensee is suffering from an impairment that might impede his or her ability to practice competently. The board may accept a voluntary restriction offered by a licensee on a licensee’s scope of practice due to impairment of the licensee’s competence.

(3)  When it is brought to the attention of the board by the written statement of any person that a person licensed under this chapter has done any act or thing in violation of any provision of this chapter, the board shall make an investigation of such person and, if it is determined there is probable cause to institute proceedings against such person, the board shall commence a formal proceeding against the person in accordance with chapter 52, title 67, Idaho Code, and with the administrative rules adopted by the board.

(4)  The board may investigate any person to the extent necessary to determine if the person is engaged in the unlawful practice of audiology, speech-language pathology, sign language interpreting or hearing aid dealing or fitting. If an investigation indicates that a person may be practicing audiology, sign language interpreting, hearing aid dealing or fitting, or speech-language pathology unlawfully, the board shall inform the person of the alleged violation. The board shall refer all violations of this section made known to it to appropriate prosecuting attorneys whether or not the person ceases the unlawful practice. The board may render assistance to a prosecuting attorney in the prosecution of a case pursuant to this section.

(5)  The board may, in the name of the people of the state of Idaho, apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Such injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies provided for in this chapter.

History:

[54-2924, added 2005, ch. 277, sec. 2, p. 865; am. 2017, ch. 67, sec. 9, p. 163.]