Board hears petition for early termination of probation by speech‑language pathologist Arturo Avina; matter submitted for decision

The Speech‑Language Pathology and Audiology and Hearing Aid Dispensers Board heard a petition on Feb. 21, 2025, from licensee Arturo Frank Avina (SP27490, OAH case 2024110686) seeking early termination of a five‑year probation imposed after criminal convictions related to conduct in 2019. An administrative law judge from the Office of Administrative Hearings, Wim Van Rooyen, presided and the board heard argument from Deputy Attorney General Jason Ahn and attorney Kevin Murphy on behalf of Avina.

The petition sought reduction or early termination of probation that the board imposed on Sept. 26, 2021, after a period of criminal conduct from late 2018 into spring 2019 that the parties described as a medication‑related manic episode. The Department of Justice representative urged denial of the petition, saying the petitioner bears the burden of proving rehabilitation. The petitioner and several witnesses, including Avina and his wife Kimberly Wood, testified they consider him rehabilitated and fit to practice without restrictions.

Why this matters: the board’s licensing and disciplinary duties are governed by state law that prioritizes public protection. The hearing focused on whether Avina’s post‑conviction rehabilitation and ongoing treatment and monitoring provide clear‑and‑convincing evidence sufficient to lift probation before the term set by the board.

Key facts and procedural posture

- Underlying conduct: Counsel for the Department of Justice summarized the underlying facts as occurring between December 2018 and March 2019, including threats to multiple individuals, unlawful entry into a school and the theft of a laptop, and threats to officers at arrest. The board’s decision order and the parties’ filings are in the record.

- Disciplinary history and probation term: The board declined an administrative law judge’s recommended three‑year probation and instead imposed a five‑year probationary term beginning Sept. 26, 2021. Because Avina tolled the probation on two occasions for reasons he described as difficulty obtaining employment, the current end date in the board’s filings is May 5, 2027.

- Petitioner’s evidence: Avina and his counsel presented documentary exhibits (identified in the hearing as exhibits 1–8) and testimony showing completion of continuing education, an augmentative and alternative communication (AAC) certification, sustained volunteer clinical work, payment of restitution ($3,336.25, paid November 2021), and compliance reports submitted to the board. Avina testified he has participated in intensive outpatient programs, ongoing individual psychotherapy with Dr. Summer Silva since December 2020, medication monitoring by psychiatric providers, and regular drug testing beginning in August 2019.

- Mental‑health opinions and monitoring changes: The record includes letters and evaluations from treating providers. The board’s probation monitoring report referenced in the hearing reflects changes implemented in 2024: psychotherapy frequency reduced from once weekly to once monthly and drug‑testing frequency reduced from 52 to 36 times per year (effective Sept. 10, 2024), reflecting probation‑monitoring adjustments documented in the packet.

Arguments at hearing

- Petitioner (Kevin Murphy) argued the misconduct resulted from a medication‑induced manic episode, that Avina has since completed treatment and complied with all probation terms, and that the showing in the record — clinical reports, compliance documents and community‑service letters — meets the standard for early termination. Murphy told the board: “He is safe to practice.”

- Department of Justice (Jason Ahn) urged denial, stressing the legal standard and that the board must place public protection first. Ahn cited precedent requiring strong proof of rehabilitation and noted that some expert materials in the record (submitted earlier) described a continuing relapse risk; Ahn said the petitioner must present clear and convincing evidence to overturn the board’s earlier adverse decision.

Witnesses and testimony

- Arturo Avina testified under oath about his treatment, ongoing sobriety, volunteer clinical work providing approximately 76 hours per month of home‑visit and teletherapy services, and a written prevention/wellness plan involving family and community supports. He acknowledged the underlying convictions and said he does not dispute the conduct but said it resulted from a medication‑related psychiatric crisis.

- Kimberly Wood, Avina’s wife and a speech‑language pathologist, testified about his stability, clinical skills and professional conduct. Several family members and community references attended the hearing and were identified on the record.

Board action at meeting

The board admitted exhibits 1–8 into the record. After testimony and closing arguments, the public portion of the hearing closed and the board went into closed session for deliberation. The administrative law judge told the parties: “The petitioner will not receive a decision today, but will receive it in the mail at some point in the future.” The chair later announced that the matter was submitted for decision and the record was closed; no final action was announced in open session.

Ending

The board’s deliberations occurred in closed session and no decision was announced publicly on Feb. 21, 2025. The petitioner and parties were told a written decision will be mailed. The hearing record and admitted exhibits will form the basis of the board’s forthcoming decision on whether to grant early termination of probation.