Speech‑language board hears petition from licensed SLP Arturo Avina for early termination of probation; decision deferred

The Speech‑Language Pathology, Audiology and Hearing Aid Dispensers Board on Feb. 21 heard a petition from licensed speech‑language pathologist Arturo Frank Avina (license SP27490) asking for early termination of a five‑year probation imposed following criminal convictions in 2019. The board took testimony, admitted documentary exhibits and recessed for closed‑session deliberations; no decision was issued at the public hearing and the board notified parties the decision will be mailed.

Why it matters: Avina is a licensed clinician who seeks to return to unrestricted practice. The board’s decision will determine whether he remains subject to the existing probation conditions — including drug testing and periodic psychotherapy requirements — or is restored to an unrestricted license sooner than the current order allows.

The hearing was conducted before Administrative Law Judge Wim Van Rooyen of the Office of Administrative Hearings. Deputy Attorney General Jason Ahn told the board his office would recommend denying the petition and requiring Avina to complete the remainder of his probation, which Ahn said currently is scheduled to end in May 2027. Ahn summarized the board’s earlier findings about the underlying conduct and emphasized the board’s public‑protection mandate.

Petitioner’s counsel Kevin Murphy argued the evidence shows Avina has “become fully rehabilitated” since a medication‑associated manic episode in late 2018–2019 and asked the board to restore the license without restrictions. Murphy said Avina has completed required continuing education, paid restitution and submitted favorable psychological evaluations. Murphy told the board, “the evidence is gonna show you that denial of this petition would be purely punitive under the facts of this case and that it is unnecessary to protect the public safety.”

Avina testified under oath and described treatment and rehabilitation steps. He said he completed an intensive outpatient program at Sharp Hospital in 2019, has been in ongoing psychotherapy (most recently with Dr. Summer Silva since Dec. 2020), and has submitted to drug testing required by probation. Avina told the board he stopped taking antidepressant medication on Sept. 23, 2020, and that he has paid full restitution to the board ($3,336.25, paid November 2021). He said he volunteers in speech‑language services and in mental‑health peer support work with NAMI and is seeking to return to paid practice to support his family.

The board admitted exhibits 1–8 into the record, including the petition packet, probation compliance reports, letters from treating providers and recent probation monitoring documents. The transcript reflects discussion about the age of some clinical opinions, the board’s prior decision (the administrative law judge proposed a three‑year probation that the board increased to five years), and the standard of proof required for a petition to terminate probation.

After testimony and argument from both sides, the board recessed to closed session to deliberate. Judge Van Rooyen reminded the parties that the board would not issue a decision at the hearing and that the petitioner would receive the board’s decision by mail.

Key factual details from the hearing: - Underlying convictions and findings that led to probation relate to events from Dec. 2018–Mar. 2019; an ALJ had proposed three years of probation but the board imposed five years effective Sept. 26, 2021. - The board’s current end date for the probation (after tolling) is May 5, 2027, per filings in the hearing packet. - Avina testified he has completed required continuing education and additional certifications (including augmentative and alternative communication), has received favorable probation compliance reports, has completed required drug testing, and paid restitution of $3,336.25. - Treating providers’ letters in the record (submitted as exhibits) state opinions about stability and treatment engagement; the attorney general emphasized that some opinion evidence in the record dates to 2020–2021 and noted one expert’s statement that the chance of recurrence was 50/50.

What the hearing did not resolve: The board did not announce a final disposition at the public meeting. The matter was submitted for the board’s closed‑session deliberation and the board indicated it will mail the decision to the petitioner.

Provenance: The hearing began with agenda item 6 at the public meeting; testimony and exhibits were admitted on the record and the hearing closed for deliberation.

Next steps: The board will deliberate in closed session and issue a written decision by mail to the petitioner. Any change to Avina’s license status will be reflected in the board’s formal order and, if applicable, in a subsequent public record of disciplinary action.