(a) The board may impose any of the following disciplinary actions in those instances in which an applicant for a license or a licensee has been guilty of conduct which has endangered, or is likely to endanger the health, welfare or safety of the public:
(1) Refuse to issue or renew a license;
(2) Issue a letter of reprimand or concern;
(3) Require restitution of fees;
(4) Impose probationary conditions;
(5) Impose a civil penalty not to exceed five hundred dollars; or
(6) Suspend or revoke a license.
(b) The board may take disciplinary actions for conduct that may result from but not necessarily be limited to:
(1) Fraudulently or deceptively obtaining or attempting to obtain a license or a provisional license for the applicant, licensee, holder or for another;
(2) Fraudulently or deceptively using a license or provisional license;
(3) Altering a license or provisional license;
(4) Aiding or abetting unlicensed practice; and
(5) Committing fraud or deceit in the practice of speech-language pathology or audiology, including, but not limited to:
(i) Willfully making or filing a false report or record in the practice of speech-language pathology or audiology;
(ii) Submitting a false statement to collect a fee; or
(iii) Obtaining a fee through fraud or misrepresentation.
(6) Using or promoting or causing the use of any misleading, deceiving, improbable or untruthful advertising matter, promotional literature, testimonial, guarantee, warranty, label, brand, insignia or any other representation;
(7) Falsely representing the use or availability of services or advice of a physician;
(8) Misrepresenting the applicant, licensee or holder by using the word "doctor" or any similar word, abbreviation or symbol if the use is not accurate or if the degree was not obtained from a regionally accredited institution;
(9) Committing any act of dishonorable, immoral or unprofessional conduct while engaging in the practice of speech-language pathology or audiology;
(10) Engaging in illegal, incompetent or habitually negligent practice;
(11) Providing professional services while:
(i) Mentally incompetent;
(ii) Under the influence of alcohol;
(iii) Using any narcotic or controlled dangerous substance or other drug that is in excess of therapeutic amounts or without valid medical indication; or
(iv) Having a serious contagious disease.
(12) Providing services or promoting the sale of devices, appliances or products to a person who cannot reasonably be expected to benefit from such services, devices, appliances or products;
(13) Violating any provision of this article, or any lawful order given, or rule adopted by the board;
(14) Being convicted of or pleading guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; or
(15) Being disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under this section.
Note: WV Code updated with legislation passed through the 2012 1st Special Session