US Lawyer Database

§ 12-305-116. Mental and Physical Examination of Certificate Holders

If the director has reasonable cause to believe that a certificate holder is unable to practice with reasonable skill and safety, the director may order the certificate holder to take a mental or physical examination administered by a physician or other licensed health-care professional designated by the director. Except where due to circumstances beyond the […]

§ 12-305-117. Confidential Agreement to Limit Practice

Except as provided in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 305. This section and section 12-30-108 do not apply to a licensee subject to discipline under section 12-305-112 (2)(c). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1605, § […]

§ 12-305-118. Protection of Medical Records – Certificate Holder’s Obligations – Verification of Compliance – Noncompliance Grounds for Discipline – Rules

Each speech-language pathologist responsible for patient records shall develop a written plan to ensure the security of patient medical records. The plan must address at least the following: The storage and proper disposal of patient medical records; The disposition of patient medical records in the event the certificate holder dies, retires, or otherwise ceases to […]

§ 12-305-119. Repeal of Article – Review of Functions

This article 305 is repealed, effective September 1, 2022. Before the repeal, the director’s powers, duties, and functions under this article 305 are scheduled for review in accordance with section 24-34-104. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1607, § 1, effective October 1. Editor’s note: This section is […]

§ 12-305-110. Scope of Article – Exclusions

This article 305 does not prevent or restrict the practice, services, or activities of: A school speech-language pathologist whose compensation for speech-language pathology services is paid solely by an administrative unit or state-operated program; A person licensed or otherwise regulated in this state by any other law from engaging in his or her profession or […]

§ 12-305-111. Limitations on Authority

Nothing in this article 305 authorizes a speech-language pathologist to engage in the practice of medicine, as defined in section 12-240-107; dentistry, as defined in sections 12-220-104 (6) and 12-220-305; or any other profession for which licensure, certification, or registration is required by this article 305. Source: L. 2019: Entire title R&RE with relocations, (HB […]

§ 12-305-112. Grounds for Discipline – Definitions

The director may take disciplinary action against a certificate holder pursuant to sections 12-20-404 and 12-305-113 if the director finds that the certificate holder has represented or held himself or herself out as a certified speech-language pathologist after the expiration, suspension, or revocation of his or her certification. The director may take disciplinary or other […]

§ 12-305-113. Disciplinary Actions – Judicial Review

The director may commence a proceeding to discipline a certificate holder when the director has reasonable grounds to believe that the certificate holder has committed an act enumerated in section 12-305-112 or has violated a lawful order or rule of the director. In any proceeding under this section, the director may accept as evidence of […]

§ 12-305-114. Unauthorized Practice – Penalties

A person who practices or offers or attempts to practice speech-language pathology without an active certification issued under this article 305 is subject to penalties pursuant to section 12-20-407 (1)(b). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1604, § 1, effective October 1. Editor’s note: This section is similar […]

§ 12-305-115. Rule-Making Authority

The director shall promulgate rules pursuant to section 12-20-204. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1605, § 1, effective October 1. Editor’s note: This section is similar to former § 12-43.7-113 as it existed prior to 2019.