SACRAMENTO, Calif. — The Speech‑Language Pathology and Audiology and Hearing Aid Dispensers Board heard oral testimony on Feb. 21 in Sacramento in a petition by licensed speech‑language pathologist Arturo Frank Avina (license SP27490) seeking early termination of his probation stemming from criminal convictions and a board disciplinary decision.

The petition hearing was presided over by Administrative Law Judge Wim Van Rooyen of the Office of Administrative Hearings. Deputy Attorney General Jason Ahn represented the state; Kevin Murphy represented Avina. Avina testified under oath, and his wife, Kimberly Wood, also testified in support. The board heard testimony from treating mental‑health providers and reviewed eight exhibits admitted into the record, including probation compliance reports and letters from treating clinicians.

The petition package, admitted as exhibits 1–8, included documentation that Avina has completed continuing education requirements, paid restitution to the board ($3,336.25, recorded as paid November 2021), produced quarterly probation reports, and supplied treatment verifications from his psychologist and psychiatric providers. A probation report noted the board reduced certain monitoring conditions: therapy frequency was reduced from weekly to once a month, and drug‑testing frequency was reduced from 52 to 36 times per year effective Sept. 10, 2024. The petition identifies the board’s agency case number as 1I‑2024‑046 and the OAH case number as 2024110686; the current probation term was stated in the hearing record to run through May 5, 2027.

Petitioner counsel Kevin Murphy told the board the record and the witness testimony show Avina is rehabilitated and safe to practice. "He is safe to practice," Murphy told the panel during closing argument, summarizing the clinical letters and testimony the defense offered. Murphy emphasized that Avina’s 2018–2019 conduct was the product of a medication‑induced manic episode, that Avina completed required treatment and probation conditions, and that clinicians gave favorable fitness‑for‑duty assessments.

Deputy Attorney General Jason Ahn urged the board to place public protection first, citing precedent and statutes about licensure restoration. Ahn quoted the board’s governing standard, saying the protection of the public "shall be the highest priority" in regulatory decisions, and argued the petitioner had not met the clear‑and‑convincing standard required to restore an encumbered license without the full probation term. Ahn noted the administrative law judge who heard the earlier contested case recommended a three‑year probation; the board adopted a five‑year term in its decision order. Ahn also referenced case law governing reinstatement petitions and Business and Professions Code 2531.02 in his remarks.

Avina testified he has remained engaged in clinical volunteer work (about 76 hours per month), completed clinical education and certifications including augmentative and alternative communication (AAC) certification and continuing education units, and participates in peer‑support and advocacy work through the National Alliance on Mental Illness (NAMI). He said he has abstained from harmful substances and participates in ongoing outpatient therapy with a treating psychologist; he testified he is not taking antidepressant medication as of Sept. 23, 2020, and described a written wellness and prevention plan that includes family and community supports.

The petitioner called Kimberly Wood, who testified about Avina’s ongoing stability and clinical competence and said she believed continued probation was not necessary. Treating clinicians’ letters in the record (exhibits summarized in the hearing) stated clinical improvement and current stability; one psychiatric evaluator’s report in the administrative record referenced a reduced risk of recurrence but included a qualification in the record that clinicians differ in their assessed probabilities.

After receiving testimony and admitting documentary exhibits, the board closed the public record. The board deliberated in closed session; the public minutes record indicates the matter was "submitted for decision." No final decision was announced in open session. The administrative record states a written decision will be mailed to the parties at a later date.

The hearing was part of the board’s public meeting; the board went into closed session under Government Code provisions to consider the petition and other disciplinary matters. The board did not announce any immediate change to Avina’s licensing status during the open meeting.

The hearing record and exhibits will govern any written decision the board issues; the petitioner and the state will be notified by mail of the outcome when it is finalized.