Margaret Dee Parker - California...Huntington Beach, California 92648 14 Speech Language Pathology...

BEFORE THE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY AND HEARING AID

DISPENSERS BOARD DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

In the Matter of the Accusation Against: Case No. 11-2016-048

CHRISTINE ELIZABETH WHITE 18241 Fieldbury Lane Huntington Beach, California 92648

OAH No. 2017030892

Speech Language Pathology License No. SP 21236,

Respondent.

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the

Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board, Department of

Consumer Affairs, as its Decision in this matter.

This Decision shall become effective on August 21 , 2017 It is so ORDERED July 21, 2017

Margaret Dee Parker FOR THE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY AND HEARING AID DISPENSERS BOARD DEPARTMENT OF CONSUMER AFFAIRS

XAVIER BECERRA Attorney General of California ROBERT MCKIM BELL N Supervising Deputy Attorney General

w REBECCA L. SMITH

Deputy Attorney General 4 State Bar No. 179733

California Department of Justice 5 300 South Spring Street, Suite 1702

Los Angeles, California 90013 6 Telephone: (213) 897-2655

Facsimile: (213) 897-9395 Attorneys for Complainant

BEFORE THE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

AND HEARING AID DISPENSERS BOARD DEPARTMENT OF CONSUMER AFFAIRS

10 STATE OF CALIFORNIA

11

In the Matter of the Accusation Against: 12

CHRISTINE ELIZABETH WHITE 13 18241 Fieldbury Lane

Huntington Beach, California 92648 14

Speech Language Pathology License 15 No. SP 21236,

16 Respondent.

17

Case No. 11-2016-048

OAH No. 2017030892

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

18 IT IS HEREBY STIPULATED AND AGREED by and between the parties to the above-

19 entitled proceedings that the following matters are true:

20 PARTIES

21 1 . Paul Sanchez ("Complainant") is the Executive Officer of the Speech-Language

22 Pathology and Audiology and Hearing Aid Dispensers Board ("Board"). He brought this action

23 solely in his official capacity and is represented in this matter by Xavier Becerra, Attorney

24 General of the State of California, by Rebecca L. Smith, Deputy Attorney General.

25 .Respondent Christine Elizabeth White ("Respondent") is represented in this

26 proceeding by attorney Alan Castillo, whose address is: 23152 Verdugo Drive, Suite 201,

27 Laguna Hills, California 92653, (949) 813-1729.

28 111

STIPULATED SETTLEMENT (1I-2016-048)

"TTI" 3. On August 29, 2013, the Board issued Speech Language Pathology License number

SP 21236 to Respondent. That license was in full force and effect at all times relevant to the N

W charges brought in Accusation No. 1I-2016-048, and will expire on June 30, 2017, unless

renewed.

JURISDICTION un

6 4. Accusation No. 1I-2016-048 was filed before the Board, and is currently pending

against Respondent. The Accusation and all other statutorily required documents were properly

served on Respondent on February 23, 2017. Respondent timely filed her Notice of Defense.

contesting the Accusation.

10 5. A copy of Accusation No. 1I-2016-048 is attached as Exhibit A and incorporated

11 herein by reference.

12 ADVISEMENT AND WAIVERS

13 6. Respondent has carefully read, fully discussed with counsel, and understands the

14 charges and allegations in Accusation No. 1I-2016-048. Respondent has also carefully read, fully

15 discussed with counsel, and understands the effects of this Stipulated Settlement and Disciplinary

16 Order.

17 7. Respondent is fully aware of her legal rights in this matter, including the right to a

18 hearing on the charges and allegations in the Accusation; the right to confront and cross-examine

19 the witnesses against her; the right to present evidence and to testify on her own behalf; the right

20 to the issuance of subpoenas to compel the attendance of witnesses and the production of

21 documents; the right to reconsideration and court review of an adverse decision; and all other

22 rights accorded by the California Administrative Procedure Act and other applicable laws.

23 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

24 every right set forth above.

25 CULPABILITY

9. 26 Respondent admits the truth of each and every charge and allegation in Accusation

27 No. 11-2016-048.

28

2

STIPULATED SETTLEMENT (11-2016-048)

"1 11"

10. Respondent agrees that her Speech Language Pathology License is subject to

discipline and she agrees to be bound by the Board's probationary terms as set forth in the

W Disciplinary Order below.

CONTINGENCY

1 1. This stipulation shall be subject to approval by the Speech-Language Pathology and

a Audiology and Hearing Aid Dispensers Board. Respondent understands and agrees that counsel

J for Complainant and the staff of the Board may communicate directly with the Board regarding

8 this stipulation and settlement, without notice to or participation by Respondent or her counsel.

9 By signing the stipulation, Respondent understands and agrees that she may not withdraw her

10 agreement or seek to rescind the stipulation prior to the time the Board considers and acts upon it.

11 If the Board fails to adopt this stipulation as its Decision and Order, the Stipulated Settlement and

12 Disciplinary Order shall be of no force or effect, except for this paragraph, it shall be inadmissible

13 in any legal action between the parties, and the Board shall not be disqualified from further action

14 by having considered this matter.

15 . 12. The parties understand and agree that Portable Document Format ("PDF") and

16 facsimile copies of this Stipulated Settlement and Disciplinary Order, including PDF and

17 facsimile signatures thereto, shall have the same force and effect as the originals.

18 13.' In consideration of the foregoing admissions and stipulations, the parties agree that

19 the Board may, without further notice or formal proceeding, issue and enter the following

20 Disciplinary Order:

21 DISCIPLINARY ORDER

22 IT IS HEREBY ORDERED that Speech Language Pathology License number SP 21236

23 issued to Respondent Christine Elizabeth White is revoked. However, the revocation is stayed

24 and Respondent is placed on probation for five (5) years on the following terms and conditions.

25 1 . SUBMIT TO EXAMINATION BY PHYSICIAN.

26 Within thirty (30) days of the effective date of the Decision, Respondent shall submit to a

27 physical examination by a physician of her choice who meets minimum criteria established by the

28 Board. The physician shall be licensed in California and Board certified in Family Practice,

3


Internal Medicine, or a related specialty. The purpose of this examination shall be to determine

N Respondent's ability to safely perform all professional duties with safety to self and to the public.

Respondent shall provide the examining physician a copy of the Board's Decision prior to the

examination.

The physician shall submit a completed written medical report to the Board within sixty

6 (60) days of the effective date of the Decision, and any time thereafter as required by the Board or

its designee. If the examining physician finds that Respondent is not physically fit to practice or

can only practice with restrictions, the examining physician shall notify the Board within three (3)

9 working days. The Board shall notify Respondent in writing of the examining physician's.

10 determination of unfitness to practice and shall order Respondent to cease or restrict licensed

11 activities as a condition of probation. Respondent shall comply with this condition until the

12 Board is satisfied of Respondent's fitness to practice safely and has so notified Respondent in

13 writing. Respondent shall document compliance in the manner required by the Board.

14 The cost of such examination(s) shall be paid by Respondent. .

15 2. PSYCHOLOGICAL EVALUATION.

16 Respondent shall participate in a psychiatric or psychological evaluation. This evaluation

17 shall be for the purpose of determining Respondent's current mental, psychological and emotional

18 fitness to perform all professional duties with safety to self and to the public. Respondent shall

19 provide the evaluator with a copy of the Board's Accusation or Statement of Issues and Decision

20 prior to the evaluation. The evaluation shall be performed by a psychotherapist (psychiatrist or

21 psychologist) licensed in California and Board certified in psychiatry or by a clinical psychologist

22 licensed in California approved by the Board. The cost of such evaluation shall be paid by

23 Respondent.

24 Within twenty (20) days of the effective date of the Decision, Respondent shall submit to

25 the Board for its approval the name and qualifications of one or more proposed evaluators to

26 conduct the psychological evaluation. Respondent shall notify the Board if the evaluator has a

27 familial relationship, has or used to have a financial relationship, personal or business

28 relationship, or other relationship with Respondent that could reasonably be expected to


compromise the ability of the evaluator to render an impartial and unbiased report.

N Respondent shall fully cooperate with the provision and undergo a psychiatric or

psychological evaluation within thirty (30) days of the effective date of the Decision. Psychiatric w

evaluations conducted prior to the effective date of the Decision shall not be accepted towards the A

U fulfillment of this requirement. Respondent shall execute a release authorizing the evaluator to

provide to the Board or its designee the a written psychiatric or psychological report evaluating

Respondent's status as well as such other information that may be requested by the Board. This

report shall be submitted within sixty (60) days of the effective date of the Decision. The cost of

such evaluation shall be paid by Respondent. .

10 If the evaluator finds that Respondent is not psychologically fit to practice safely, or can

11 only practice with restrictions, the evaluator shall notify the Board within one (1) working

12 day. The Board shall notify Respondent in writing of the evaluator's determination of unfitness

13 to practice and shall notify Respondent to cease or restrict licensed activities as a condition of

14 probation. Respondent shall comply with this condition until the Board is satisfied of

15 Respondent's fitness to practice safely and has so notified Respondent in writing. Respondent

16 shall document compliance in the manner required by the Board.

17 If not otherwise ordered herein, if ongoing psychotherapy is recommended in the

18 psychological evaluation, the Board will notify Respondent in writing to submit to such therapy

19 and to select a psychotherapist for approval by the Board or its designee within thirty (30) days of

20 such notification. The therapist shall (1) be a California-licensed psychologist with a clear and

21 current license; and (2) have no previous business, professional, personal or other relationship

22 with Respondent. Frequency of psychotherapy shall be determined upon recommendation of the

23 treating psychotherapist with approval by the Board or its designee; however, psychotherapy

24 shall, at a minimum, consist of one one-hour session per week. Respondent shall continue

25 psychotherapy until released by the approved psychologist and approved by the Board or its

26 designee. The Board or its designee may order a re-evaluation upon receipt of the therapist's

27 recommendation.

28

5


Respondent shall execute a release authorizing the therapist to provide to the Board any

N . information the Board or its designee deems appropriate, including quarterly reports of

W Respondent's therapeutic progress. Respondent shall furnish a copy of this Decision to the

A therapist. If the therapist determines that Respondent cannot continue to practice with safety to

5 the public, he/she shall notify the Board immediately.

Respondent shall pay all costs associated with the psychological evaluation and ongoing

J psychotherapy. Failure to pay costs will be considered a violation of the probation order.

3. ATTEND CHEMICAL DEPENDENCY SUPPORT AND RECOVERY

GROUPS.

10 Within five (5) days of the effective date of the Decision, Respondent shall begin

11 attendance at a chemical dependency support group (e.g., Alcoholics Anonymous, Narcotics

12 Anonymous). Documentation of attendance shall be submitted by Respondent with each

13 quarterly written report. Respondent shall continue attendance in such a group for the duration of

14 probation unless notified by the Board in writing that attendance is no longer required.

15 4. ABSTAIN FROM DRUGS, MARIJUANA, AND ALCOHOL.

16 Respondent shall completely abstain from the personal use or possession of controlled

1.7 substances as defined in the California Uniform Controlled Substances Act and dangerous drugs

18 as defined in Section 4022 of the Business and Professions Code, or any drugs requiring a

19 prescription except when lawfully prescribed by a licensed practitioner for a bona fide illness or

20 condition.

21 Respondent shall completely abstain from the intake of alcohol and marijuana during the

22 period of probation.

23 5. SUBMIT TO DRUG AND ALCOHOL TESTING.

24 Respondent shall submit to random and directed drug, marijuana and/or alcohol testing,

25 upon request by the Board or its designee. Respondent shall make daily contact as directed by the

26 Board to determine if she must submit to alcohol and/or drug testing. Respondent shall submit to

27 her alcohol and/or drug test on the same day that she is notified that a test is required. All

28 alternative testing sites due to vacation or travel outside of California must be approved by the

6


Board prior to the vacation or travel. Any confirmed positive test result shall be a violation of

N probation.

3 The cost of testing shall be paid by Respondent.

A Failure to pay testing costs, contact test facilitator daily, or submit to testing will be

considered a violation of the probation order.

6 6. ETHICS COURSE.

J Respondent shall take and successfully complete a minimum of 4 units of course work in

ethics. Within sixty (60) days of the effective date of the Decision, and prior to enrollment in the

course(s), Respondent shall submit a plan to the Board to comply with this

10 requirement. Following Board approval, Respondent shall successfully complete the required

11 course work no later than 180 days from the effective date of the Decision. Respondent shall

12 furnish proof to the Board within five (5) business days of successful completion of the

13 course(s). Respondent shall not receive continuing education credit for license renewal purposes

14 for any courses taken pursuant to this Decision. The costs of such educational course work shall

15 be paid by Respondent.

16 7. RECOVERY OF COSTS.

17 Respondent shall pay to the Board its costs of investigation and enforcement in the amount

18 of Three Thousand Two Hundred Thirty Seven Dollars and Fifty Cents ($3,237.50) within the

19 thirty (30) days of the effective date of this Decision. Such costs shall be payable to the Speech-

20 Language Pathology and Audiology and Hearing Aid Dispensers Board and are to be paid

21 regardless of whether probation is tolled. Failure to pay such costs shall be considered a violation

22 of probation. Any and all requests for a payment plan shall be submitted in writing by

23 Respondent to the Board. However, full payment of any and all costs required by this condition

24 must be received by the Board within thirty-six (36) months of the effective date of this Decision.

25 8. SEVERABILITY CLAUSE.

26 Each term and condition of probation is a separate and distinct term and condition. If any

27 term or condition of this Decision and Order ("Decision"), or any application thereof, is declared

28 unenforceable in whole, in part, or to any extent, the remainder of this Decision, and all other

7


https://3,237.50

applications thereof, shall not be affected. Each term and condition of this Decision shall

N separately be valid and enforceable to the fullest extent permitted by law.

3 9. OBEY ALL LAWS.

Respondent shall obey all federal, state, United State Military, and local laws, including all

U statutes and regulations governing the practice of the licensee, and remain in full compliance with

6 any court ordered criminal probation. This condition applies to any jurisdiction with authority

over Respondent, whether it is inside or outside of California.

Further, Respondent shall, within five (5) days of any arrest, submit to the Board in writing

a full and detailed account of such arrest, including the name and address of the arresting agency.

10 10. COMPLY WITH PROBATION PROGRAM.

11 Respondent shall fully comply with the Board's probation program, and shall, upon notice

12 report to the Board's staff. Respondent shall contact enforcement staff regarding any questions

13 specific to the probation order. Respondent shall not have any unsolicited or unapproved contact

14 with victims or complainants associated with the case or persons serving the Board as expert

15 consultants.

16 11. NAME AND CONTACT INFORMATION.

17 Respondent shall notify the Board, in writing, within five (5) days of a change of name,

18 residence or mailing address, and telephone number.

1.9 12. SUBMIT QUARTERLY REPORTS.

20 Respondent shall submit to the Board quarterly reports and verification of actions signed

21 under penalty of perjury. These reports shall certify and document compliance with all the

22 conditions of probation.

23 13. NOTICE TO EMPLOYERS.

24 When currently employed, applying for employment, or contracted to provide services as a

25 speech-language pathologist, speech-language pathology assistant, speech-language pathology

26 aide, audiologist, audiology aide, hearing aid dispenser, or hearing aid trainee, Respondent shall

27 notify her employer or prospective employer of the probationary status of Respondent's license.

28 This notification to Respondent's current employer shall occur no later than the effective date of

8 .


the Decision placing Respondent on probation. Respondent shall notify any prospective

N employer of her probationary status with the Board prior to accepting such employment. This

notification shall be by providing the employer or prospective employer with a copy of the w

Board's Decision placing respondent on probation.

Respondent shall cause each employer to submit quarterly written reports to the un

6 Board. These reports shall include a performance evaluation.

Respondent shall notify the Board, in writing, of any change in her employment status,

within ten (10) days of such change.

14. NOTICE TO EMPLOYEES.

10 If Respondent is an employer or supervisor, Respondent shall, upon or before the effective

11 date of this Decision, post or circulate a notice which actually recites the offenses for which

12 Respondent has been disciplined and the terms and conditions of probation, to all

13 employees. Within fifteen (15) days of the effective date of this decision, Respondent shall cause

14 her employees to report to the Board in writing, acknowledging the employees have read the

15 Accusation and decision in the case and understand Respondent's terms and conditions of

16 probation. Respondent shall notify any prospective employee of her probationary status with the

17 Board prior to offering employment. This notification shall include a copy of the Board's

18 Decision placing Respondent on probation.

19 15. INTERVIEWS WITH BOARD REPRESENTATIVES.

20 Respondent shall appear in person for interviews with the Board, or its designee, upon

21 request at various intervals and with reasonable notice. The cost of travel to the interviews shall

22 be paid by Respondent.

23 16. EMPLOYMENT LIMITATIONS.

24 While on probation, Respondent may not work as a faculty member or instructor in an

25 accredited or approved school of speech-language pathology or school of audiology. .

26 17. PROBATION COSTS.

27 Respondent shall pay the costs associated with probation monitoring each and every year of

28 probation. Such costs shall be payable to the Speech-Language Pathology and Audiology and

9

STIPULATED SETTLEMENT (1I-2016-048)

Hearing Aid Dispensers Board quarterly.

18. FUNCTION IN LICENSED CAPACITY.

Respondent, during the period of probation, shall work in her licensed capacity in

California. Respondent is required to immediately notify the probation monitor or Board

designee in writing if she ceases working in her licensed capacity in California. This time shall

be "tolled," and shall not be counted towards the satisfaction of the probationary period. In

addition, the term of probation shall be extended for the period of time Respondent is not engaged

in her licensed capacity. Tolling of probation shall not exceed two (2) years. For the purpose of

9 compliance with this section, "work in her licensed capacity" may also include, when approved

10 by the Board or its designee, volunteer work or work in any non-direct patient position that

11 requires licensure. When "tolled," Respondent shall be required to comply with the following

12 conditions of probation as directed by the Board: obey all laws, submit quarterly reports, comply

13 with probation program, consumer restitution, recovery of costs, probation monitoring costs, and

14 maintain a valid license. As directed by the Board, and if listed as a condition of this Decision,

15 Respondent shall be required to comply with the condition to abstain from drugs, marijuana, and

16 alcohol and submit to drug and alcohol testing.

17 For purposes of this section, non-practice does not include the time school is out of session

1 8 if Respondent is employed by and works in a school setting while engaged in her licensed

19 capacity. Respondent shall provide the Board proof of employment and the school calendar

20 within a week of the school year commencing each year. Respondent shall continue to adhere to

21 all other terms and conditions of probation during the time school is out of session.

22 For purposes of this term and condition, non-practice due to Board ordered suspension shall

23 not be considered a period of non-practice.

24 19. TOLLING FOR OUT-OF-STATE PRACTICE, OUT-OF-STATE

25 RESIDENCE.

26 In the event that Respondent should leave California to reside or to practice outside the

27 State for any reason, Respondent shall notify the Board or its designee in writing within ten (10)

28 days of the dates of departure and return to California. Respondent's probation is tolled, and the

10


term of probation shall be extended tolled for the period of time Respondent is out of state. While

out of state, Respondent will be required to comply with the following conditions of probation:

quarterly reports, restitution, cost recovery, and maintain a current and valid license. All

requirements of probation shall resume upon receipt of written notice to the Board of the

u resumption of practice in California.

20. VOLUNTARY LICENSE SURRENDER.

J During Respondent's term of probation, if she wishes to cease practice, Respondent may

request in writing to surrender the license(s) to the Board. The Board shall evaluate the request

based on the factual circumstances surrounding that particular request, and notify Respondent, in

10 writing, whether it has been granted. Upon formal acceptance of the license surrender,

11 Respondent's license will no longer be subject to the terms and conditions of

12 probation. Respondent shall return the pocket license(s) and wall certificate(s) to the Board

13 within ten (10) days of the effective date of the surrender.

14 Surrender of Respondent's license shall be considered a disciplinary action and shall

15 become a part of Respondent's license history with the Board. If Respondent re-applies for a

16 license, the application shall be treated as a petition for reinstatement of a revoked license. If

17 reinstatement is approved, Respondent must meet all current requirements for licensure including,

but not limited to, filing a current application, meeting all current educational and experience

19 requirements, and taking and passing any and all examinations required of new applicants.

20 21. MAINTAIN A VALID LICENSE.

21 Respondent shall, at all times while on probation, maintain an active current license with

22 the Board, including any period during which suspension or probation is tolled.

23 Should Respondent's license, by operation of law or otherwise, expire, upon renewal or

24 reinstatement, Respondent's license shall be subject to any and all terms of this probation not

25 previously satisfied. The period of time a licensee does not hold a current active license shall not

26 be counted towards satisfaction of the probationary period.

27 For purposes of this term and condition, a licensee shall be considered to hold a current

28 active license during the time the license is under a Board ordered suspension.

11


22. VIOLATION OF PROBATION.

N If Respondent violates probation in any respect, the Board may seek to revoke probation

W and carry out the disciplinary order that was stayed. Respondent shall receive prior notice and the

opportunity to be heard. If a Petition to Revoke Probation, an Accusation, a Petition to Vacate

Stay or other formal disciplinary action is filed against Respondent during probation, the Board

shall have continuing jurisdiction and the period of probation shall be extended until the matter is

final. No petition for modification or termination of probation shall be considered while there is

an accusation or petition to revoke probation pending against Respondent.

23. COMPLETION OF PROBATION.

10 Respondent's license will be fully restored upon successful completion of probation.

11

12 ACCEPTANCE

13 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

14 discussed it with my attorney, Alan Castillo. I understand the stipulation and the effect it will

15 have on my Speech Language Pathology License. I enter into this Stipulated Settlement and

16 Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the

17 Decision and Order of the Speech-Language Pathology and Audiology and Hearing Aid

18 Dispensers Board.

19

20 DATED:

21 5/ 25 / 17 / ##HIT CHRISTINE ELIZABETH WHITE

Respondent

22

23 I have read and fully discussed with Respondent Christine Elizabeth White the terms and

24 conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order.

25 I approve its form and content.

26 DATED: Alan Castillo

27 Attorney for Respondent

28

12


22. VIOLATION OF PROBATION.

If Respondent violates probation in any respect, the Board may seek to revoke probation

w and carry out the disciplinary order that was stayed. Respondent shall receive prior notice and the

A opportunity to be heard. If a Petition to Revoke Probation, an Accusation, a Petition to Vacate

U Stay or other formal disciplinary action is filed against Respondent during probation, the Board

shall have continuing jurisdiction and the period of probation shall be extended until the matter is

final. No petition for modification or termination of probation shall be considered while there is

an accusation or petition to revoke probation pending against Respondent.

9 23. COMPLETION OF PROBATION.

10 Respondent's license will be fully restored upon successful completion of probation.

11

12 ACCEPTANCE

13 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

14 discussed it with my attorney, Alan Castillo. I understand the stipulation and the effect it will

15 have on my Speech Language Pathology License. I enter into this Stipulated Settlement and

16 Disciplinary Order voluntarily, knowingly, and intelligently, and agree to be bound by the

17 Decision and Order of the Speech-Language Pathology and Audiology and Hearing Aid

18 Dispensers Board.

19

20 DATED:

CHRISTINE ELIZABETH WHITE 21

Respondent

22

23 I have read and fully discussed with Respondent Christine Elizabeth White the terms and

24 conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order.

25 I approve its form, and content.

26 DATED:

27 5/ 25 / 2017 Alan Castillo

Attorney for Respondent

28

12


ENDORSEMENT

N The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Speech-Language Pathology and Audiology and Hearing Aid w

Dispensers Board.

Respectfully submitted, Dated : 6 / 2/ 17 a UI

XAVIER BECERRA Attorney General of California ROBERT MCKIM BELL Supervising Deputy Attorney General

10

11 Deputy Attorney General Attorneys for Complainant

12

13

14

LA2017504382 15

16

17

18

19

20

21

22

23

24

25

26

27

28

13


. ..

Exhibit A

Accusation No. 11-2016-048

XAVIER BECERRA Attorney General of California

2 ROBERT MCKIM BELL Supervising Deputy Attorney General

3 REBECCA L. SMITH

Deputy Attorney General 4 State Bar No. 179733

California Department of Justice 5 300 South Spring Street, Suite 1702

Los Angeles, California 90013 6 Telephone: (213) 897-2655

Facsimile: (213) 897-9395 7 Attorneys for Complainant

FILED - STATE OF CALIFORNIA Speech-Language Pathology & Audiology & Hearing Aid Dispensers Board

Sacramenty, California on February 23, 2017.

By .

8 BEFORE THE SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

AND HEARING AID DISPENSERS BOARD DEPARTMENT OF CONSUMER AFFAIRS

10 STATE OF CALIFORNIA

11

In the Matter of the Accusation Against: 12

CHRISTINE ELIZABETH WHITE 13 18241 Fieldbury Lane

Huntington Beach, California 92648 14

15 Speech Language Pathology License No. SP 21236,

16

Case No. 11-2016-048

ACCUSATION

17 Respondent.

18

19 Complainant alleges:

20 PARTIES

21 1 . Paul Sanchez (Complainant) brings this Accusation solely in his official capacity as

22 the Executive Officer of the Speech-Language Pathology and Audiology and Hearing Aid

23 Dispensers Board, Department of Consumer Affairs (Board).

24 2. On August 29, 2013, the Speech-Language Pathology and Audiology and Hearing

25 Aid Dispensers Board issued Speech Language Pathology License number SP 21236 to Christine

26 Elizabeth White (Respondent). That license was in full force and effect at all times relevant to the

27 charges brought herein and will expire on June 30, 2017, unless renewed.

28

ACCUSATION

JURISDICTION

N 3. This Accusation is brought before the Board under the authority of the following

w laws. All section references are to the Business and Professions Code (Code) unless otherwise

4 indicated.

5 4. Section 2530.1 of the Code states:

6 "The Legislature finds and declares that the practice of speech-language pathology and

7 audiology and hearing aid dispensing in California affects the public health, safety, and welfare

and there is a necessity for those professions to be subject to regulation and control."

9 5. Section 2531.5 of the Code states:

10 "The board shall issue, suspend, and revoke licenses and approvals to practice speech-

11 language pathology and audiology as authorized by this chapter."

12 6. Section 2533 of the Code states:

13 "The board may refuse to issue, or issue subject to terms and conditions, a license on the

14 grounds specified in Section 480, or may suspend, revoke, or impose terms and conditions upon

15 the license of any licensee for any of the following:

16 "(a) Conviction of a crime substantially related to the qualifications, functions, and duties of

17 a speech-language pathologist or audiologist or hearing aid dispenser, as the case may be. The

18 record of the conviction shall be conclusive evidence thereof.

19

20 "(c) (2) The use of any of the dangerous drugs specified in Section 4022, or of alcoholic

21 beverages, to the extent or in a manner as to be dangerous or injurious to the licensee, to any other

22 person, or to the public, or to the extent that the use impairs the ability of the licensee to practice

23 speech-language pathology or audiology safely.

24 "(3) More than one misdemeanor or any felony involving the use, consumption, or self-

25 administration of any of the substances referred to in this section.

26 *(4) Any combination of paragraph (1), (2), or (3).

27 "The record of the conviction shall be conclusive evidence of unprofessional conduct.

28

2

ACCUSATION

7. Section 2533.1 of the Code states:

N "A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a

charge substantially related to the qualifications, functions, and duties of a speech-language

pathologist or audiologist is deemed to be a conviction within the meaning of this article. The

5 board may order a licensee be disciplined or denied a license as provided in Section 2533 when

6 the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or

when an order granting probation is made suspending the imposition of sentence irrespective of a

subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw his or

her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or

10 dismissing the accusation, information or indictment."

11 8. California Code of Regulations, title 16, section 1399.156, states:

12 "Unprofessional conduct as set forth in Section 2533 of the Code includes, but is not

13 limited to the following:

14 "(a) Violating or conspiring to violate or aiding or abetting any person to violate the

15 provisions of the Act or these regulations.

16

17 '(g) Failure to cooperate and participate in any Board investigation pending against the

18 licensee. This subsection shall not be construed to deprive a licensee of any privilege guaranteed

19 by the Fifth Amendment to the Constitution of the United States, or any other constitutional or

20 statutory privileges. This subsection shall not be construed to require a licensee to cooperate with

21 a request that would require the licensee to waive any constitutional or statutory privilege or to

22 comply with a request for information or other matters within an unreasonable period of time in

23 light of the time constraints of the licensee's practice. Any exercise by a licensee of any

24 constitutional or statutory privilege shall not be used against the licensee in a regulatory or

25 disciplinary proceeding against the licensee.

26 '(h) Failure to report to the Board within 30 days any of the following:

27 " ...

28 "(2) The arrest of the licensee.

3

ACCUSATION

'(3) The conviction of the licensee, including any verdict of guilty, or pleas of guilty or no

N contest, of any felony or misdemeanor.

w

4 9. California Code of Regulations, title 16, section 1399.156.1, states:

5 "For the purposes of denial, suspension or revocation of a license or registration pursuant to

6 Division 1.5 (commencing with Section 475) of the code, a crime or act shall be considered to be

substantially related to the qualifications, functions or duties of a person holding a license under

the Act if to a substantial degree it evidences present or potential unfitness of a person holding a

license to perform the functions authorized by his or her license or registration in a manner

10 consistent with the public health, safety, or welfare. Such crimes or acts shall include, but not be

11 limited to, those involving the following:

12 "(a) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the

13 violation of, or conspiring to violate any provision or term of the Act.

14

15 COST RECOVERY

16 10. Section 125.3 of the Code states, in pertinent part, that the Board may request the

17 administrative law judge to direct a licentiate found to have committed a violation or violations of

18 the licensing act to pay a sum not to exceed the reasonable costs of the investigation and

19 enforcement of the case.

20 FACTUAL SUMMARY

21 April 8, 2012 Arrest and Resulting July 11. 2012 Conviction

22 11. At approximately 2:58 a.m. on April 8, 2012, Respondent was driving her vehicle

23 approximately 75-80 miles per hour northbound on Interstate 5, south of Via De La Valle, when

24 she failed to react to traffic traveling ahead of her. The front of her vehicle collided with the rear

25 of another vehicle causing both vehicles to travel out of control and subsequently collide with the

26 raised concrete center divider wall.

27 12. California Highway Patrol (CHP) officers arrived on the scene at approximately 3:20

28 a.m. As the officers approached Respondent, who was standing outside of her vehicle, they

4

ACCUSATION

smelled the odor of an alcoholic beverage emitting from her breath. The vehicles were towed off

N the freeway and Respondent was transported by the CHP officers to a nearby parking lot for her

3 safety. Respondent told officers that she had one 12-ounce glass of wine between 8:00 and 9:00

4 p.m. She also reported that she took one 500 milligram pill of insulin at 7:00 p.m. The CHP

5 officer observed that Respondent displayed symptoms of intoxication including a strong odor of

6 alcohol emitting from her breath, red and watery eyes and slurred speech. Field Sobriety Tests

J were conducted. Respondent demonstrated very poor coordination and balance as well as an

inability to follow instructions. A preliminary alcohol screen test revealed results of .148/.142

9 percent Blood Alcohol Content (BAC). She was placed under arrest for being intoxicated, such

10 that she was a danger to herself or others and taken to the Las Colinas Detention Facility for

11 booking.

12 13. On July 11, 2012, in proceedings entitled The People of the State of California v.

13 Christine Elizabeth White, case number M150159 in the San Diego County Superior Court,

14 Respondent, upon her guilty plea, was convicted of driving a vehicle while having a .08 or higher

15 BAC, in violation of Vehicle Code section 23152, subdivision (b), a misdemeanor. Respondent

16 was placed on five years probation, under the following terms and conditions:

17 a. Violate no laws, minor traffic violations are excepted;

18 b. Pay fines, fees and assessments;

19 C. Pay restitution to the victim;

20 d. Not drive with a measurable amount of alcohol/drugs in blood;

21 e. Submit to any test at the request of a peace officer for detection of alcohol/drugs

22 in blood;

23 f. . Violate no laws regarding driving a motor vehicle while under the influence or

24 in the possession of alcohol, drugs, or both;

25 g. Enroll and complete the First Conviction Program;

26 h. Enroll and complete the Mothers Against Drunk Drivers (MADD) Program;

27 and

28 i. Not drive without a valid driver license and liability insurance.

5

ACCUSATION

July 1. 2016 Arrest and Resulting December 7. 2016 Conviction

N 14. At approximately 9:41 p.m. on July 1, 2016, Huntington Beach Police Officers

w responded to a traffic collision on Pacific Coast Highway at Warner Street. While in the left turn

lane on Pacific Coast Highway at Warner Street, Respondent caused a three car collision when

she either looked at her cell phone to adjust music or was texting. She rear-ended the vehicle in

6 front of her, which caused the vehicle in front of her to rear-end the vehicle in front of him.

15. Respondent was still on probation for her 2012 Driving Under the Influence

conviction. She did not have her driver's license in her possession and did not have car insurance.

She reported to the officer that she had a "Fox and Coke" drink. She had a strong odor of an

10 alcoholic beverage on her breath and was staggering back and forth. Her eyes were glassy and

11 droopy. Her speech was slow and slurred. Field Sobriety Tests were conducted and Respondent

12 demonstrated poor coordination and balance. Respondent was arrested for driving under the

13 influence of alcohol. She was transported to the Huntington Beach City Jail where a blood draw

14 was performed to determine her BAC level.

15 16. On December 6, 2016, Respondent executed a Vehicle Code Misdemeanor Guilty

16 Plea Form, declaring under penalty of perjury under the laws of the State of California that:

17 "On or about 7-1-16, in Orange County, CA, I unlawfully drove a motor vehicle

18 while under the influence of alcohol and while my blood alcohol content was .08%

19 or more; to wit, .34. I was also previously convicted of [Vehicle Code section]

20 23152(b) on 7-22-12, court case # M150159 in San Diego County, in the State of

21 CA."

22 17. On December 7, 2016, in proceedings entitled The People of the State of California v.

23 Christine Elizabeth White, case number 16WM12629 in the Orange County Superior Court,

24 Respondent, upon her guilty plea, was convicted of three misdemeanor counts: (1) driving under

25 the influence of alcohol/drugs in violation of section 23152, subdivision (a), of the Vehicle Code;

26 (2) driving with a BAC of .08 percent or higher in violation of section 23152, subdivision (b), of

27 the Vehicle Code; and (3) driving with a BAC of 0.01 percent or greater, while on probation for

28 violating section 23152, subdivision (b) in violation of section 23154, subdivision (a), of the

6

ACCUSATION

Vehicle Code. Respondent also admitted to the allegations of her prior conviction on July 11,

N 2012 for driving with a BAC of .08 percent or higher in violation of section 23152, subdivision

w (b), of the Vehicle Code. Respondent was placed on five years probation, agreeing to the

4 following terms and conditions:

5 a. Violate no law;

6 b. Obey all orders, rules, and regulations, and directives of the Court and Jail;

J C. Not drive a motor vehicle with a measurable amount of alcohol in blood

and submit to a chemical test of blood on demand of any peace officer, probation officer, or

mandatory supervision officer;

10 d. Not drive without a valid driver's license in possession;

11 e. Not drive without proof of valid auto liability insurance or financial

12 responsibility as required by law;

13 f. Use true name and date of birth only at all times;

14 g- Disclose terms and conditions of probation when asked by any law

15 enforcement or probation officer;

16 h. Pay fines, fees and assessments;

17 i, Serve 90 days in Orange County Jail, with authorization for Supervised

18 Electronic Confinement;

19 j. Attend and complete 18 months Multiple Offender Alcohol Program; and

20 k . Complete 90 day Kaiser Outpatient Treatment Program.

21 Respondent's Reporting to the Board regarding her Arrests and Convictions

22 18. On September 21, 2012, the Board received Respondent's Required Professional

23 Experience Temporary License Application, wherein Respondent certified, under penalty of

24 perjury, under the laws of the State of California, that she had not ever been convicted of a

25 misdemeanor. Specifically, Respondent checked "No" to the following question:

26 "16. Have you ever been convicted of, or pled nolo contendere to any offense,

27 misdemeanor or felony of any state, the United States or a foreign country? (except

28 violations of traffic laws resulting in fines of $300 or less)."

7

ACCUSATION

19. Despite the Board's repeated requests in 2012 for information regarding her April 8,

N 2012 arrest and July 11, 2012 conviction, Respondent waited until August 16, 2016 to report the

w arrest and conviction to the Board at which time she stated that after she was charged with

Driving Under the Influence, she "successfully completed and complied to [sic] all program

requirements." She did not address her September 21, 2012 Temporary License Application

6 wherein she denied any misdemeanor conviction.

7 FIRST CAUSE FOR DISCIPLINE

(Conviction of Crimes)

20. By reason of the facts set forth above in paragraphs 11 through 17, Respondent's

10 license is subject to disciplinary action under sections 2533, subdivisions (a), and (c)(3) and

11 2533.1 of the Code and California Code of Regulations, title 16, sections 1399.156, subdivision

12 (a), and 1399.156.1, subdivision (a), in that she was convicted of crimes substantially related to

13 the qualifications, functions and duties of a speech-language pathologist.

14 21. Respondent's acts and/or omissions as set forth in paragraphs 11 through 17 above,

15 whether proven individually, jointly, or in any combination thereof, constitute convictions of

16 crimes substantially related to the qualifications, functions and duties of a speech-language

17 pathologist for driving under the influence of alcohol pursuant to sections 2533, subdivisions (a),

18 and (c)(3) and 2533.1 of the Code and California Code of Regulations, title 16, sections 1399.156,

19 subdivision (a), and 1399.156.1, subdivision (a).

20 SECOND CAUSE FOR DISCIPLINE

21 (Dangerous Use of Alcohol)

22 22. By reason of the facts set forth above in paragraphs 11 through 17, Respondent's

23 license is subject to disciplinary action under section 2533, subdivision (c)(2) of the Code and

24 California Code of Regulations, title 16, section 1399.156.1, subdivision (a) in that she used

25 alcohol in a manner as to be dangerous or injurious to herself, to other persons and to the public.


27 whether proven individually, jointly, or in any combination thereof, constitute use of alcohol in a

28 manner as to be dangerous or injurious to herself, to other persons and to the public pursuant to

8

ACCUSATION

section 2533, subdivision (c)(2) of the Code and California Code of Regulations, title 16, section

N 1399.156.1, subdivision (a).

THIRD CAUSE FOR DISCIPLINE

(Unprofessional Conduct - Failure to Report Arrest and Conviction)

5 24. By reason of the facts set forth above in paragraphs 11 through 19, Respondent's

6 license is subject to disciplinary action under California Code of Regulations, title 16, section

1399.156, subdivision (h)(2) and (3) in that she committed unprofessional conduct when she

failed to report her April 18, 2012 arrest and July 11, 2012 conviction to the Board within thirty

(30) days of said arrest and conviction.


11 whether proven individually, jointly, or in any combination thereof, constitute unprofessional

12 conduct pursuant to California Code of Regulations, title 16, section 1399.156, subdivision (h)(2)

13 and (3).

14 PRAYER

15 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

16 and that following the hearing, the Speech-Language Pathology and Audiology and Hearing Aid

17 Dispensers Board issue a decision:

18 1 . Revoking or suspending Speech Language Pathology License number SP 21236,

19 issued to Christine Elizabeth White;

20 2. Ordering her to pay the Speech-Language Pathology and Audiology and Hearing Aid

21 Dispensers Board the reasonable costs of the investigation and enforcement of this case, pursuant

22 to Business and Professions Code section 125.3; and

23 3. Taking such other and further action as deemed necessary and proper.

DATED: 24

February 23,2017 8 25 PAUL SANCHEZ Executive Officer

26 Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board

27 Department of Consumer Affairs State of California

28 Complainant

9

ACCUSATION

Margaret Dee Parker - California...Huntington Beach, California 92648 14 Speech Language Pathology...

Documents

Transcript of Margaret Dee Parker - California...Huntington Beach, California 92648 14 Speech Language Pathology...