Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
Director, in consultation with the Committee, may revoke, suspend or refuse to
renew the license of any person licensed under the provisions of this chapter
or assess a civil penalty or issue a reprimand, upon proof that the licensee:
1. Has obtained a certificate, registration,
license or authorization to sit for an examination, as the case may be, through
fraud, deception, or misrepresentation;
2. Has engaged in the use or employment of
dishonesty, fraud, deception, misrepresentation, false promise or false
pretense;
3. Has engaged in gross
negligence, gross malpractice or gross incompetence which damaged or endangered
the life, health, welfare, safety or property of any person;
4. Has engaged in repeated acts of
negligence, malpractice or incompetence;
5. Has engaged in professional or
occupational misconduct as may be determined by the director;
6. Has been convicted of, or engaged in acts
constituting, any crime or offense involving moral turpitude or relating
adversely to the practice of audiology or speech-language pathology. For the
purpose of this subsection, a judgment of conviction or plea of guilty, non
vult, nolo contendere or other such disposition of alleged criminal activity
shall be deemed a conviction;
7.
Has had his authority to engage in the practice of audiology or speech-language
pathology revoked or suspended by any other state, agency or authority for
reasons consistent with this section;
8. Is incapable, for medical or any other
good cause, of discharging the functions of a licensee in a manner consistent
with the public's health, safety and welfare;
9. Has violated or failed to comply with any
of the provisions of
45:3B-1 et seq. or N.J.A.C.
13:44C;
10. Has violated any
provision of P.L. 1983, c.320 (17:33A-1 et seq.) or
any insurance fraud prevention law or act of another jurisdiction or has been
adjudicated, in civil or administrative proceedings, of a violation of P.L.
1983, c.320 (17:33A-1 et seq.) or has been
subject to a final order, entered in civil or administrative proceedings, that
imposed civil penalties under that act against the applicant or
holder;
11. Is presently engaged in
drug or alcohol use that is likely to impair the ability to practice the
profession or occupation with reasonable skill and safety. For purposes of this
subsection, the term "presently" means at this time or any time within the
previous 365 days;
12. Has
permitted an unlicensed person or entity to perform an act for which a license
or certificate of registration or certification is required by the Board, or
aided and abetted an unlicensed person or entity in performing such an act;
or
13. Has violated the provisions
of 13:44C-8.5.
(b) In addition to the consequences listed in
(a) above, the Director may impose additional or alternative penalties pursuant
to 45:1-14 et seq. for violations of
any provision of
45:3B-1 et seq. and this
subchapter.
(c) In addition to the
express consequences of (a) and (b) above, the Director may enforce
consequences arising from actions taken by other statutory
authorities.
(d) The denial,
refusal to issue or renew, suspension or revocation of a license, and/or the
issuance of a civil penalty under this section may be ordered by a decision of
the Director after notice and an opportunity to be heard pursuant to the
Administrative Procedure Act,
52:14B-1 et seq., and the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1.
