Madison Miner Lied in Candidate Statement Claiming to be a “Speech Therapist”
It is official: The Department of Consumer Affairs has found that Madison Miner lied when she claimed to be a “speech therapist” in her 2022 candidate statement. The Department’s letter is below.
A person represents himself or herself to be a speech-language pathologist when he or she holds himself or herself out to the public by any title or description of services incorporating the words…“speech therapist“…
What is a “Speech-Language Pathology Assistant?”
Much like a paralegal to an attorney, or a nurse to a doctor, the Business and Professions Code Section 2538.1(a)(4), Part of Article 7.5 entitled “Speech-Language Pathology Assistant,” explains that Speech-Language Pathology Assistants perform supportive functions. This includes “Assisting a speech-language pathologist during assessments….” Business and Professions Code Section 2538.1(a)(4)(A). The law makes clear that “speech-language pathology assistants are not authorized to conduct evaluations, interpret data, alter treatment plans, or perform any task without the express knowledge and approval of a supervising speech-language pathologist,” also known as a speech therapist. Business and Professions Code Section 2538.1(a)(4).
“A person represents himself or herself to be a speech-language pathologist when he or she holds himself or herself out to the public by any title or description of services incorporating the words “speech pathologist,” “speech pathology,” “speech therapy,” “speech correction,” “speech correctionist,” “speech therapist,” “speech clinic,” “speech clinician,” “language pathologist,” “language pathology,” “logopedics,” “logopedist,” “communicology,” “communicologist,” “aphasiologist,” “voice therapy,” “voice therapist,” “voice pathology,” or “voice pathologist,” “language therapist,” or “phoniatrist,” or any similar titles; or when he or she purports to treat stuttering, stammering, or other disorders of speech.” Bus. & Prof. Code § 2530.3(a).
Did Madison Miner violate the Business and Professions Code by lying that she was a “speech therapist?”
Yes. The law is that: “A speech-language pathology assistant may not conduct evaluations, interpret data, alter treatment plans, or perform any task without the express knowledge and approval of a supervising speech-language pathologist. The speech-language pathology assistant may not perform any of the following functions:…Represent himself or herself as a speech-language pathologist.” Cal. Code Regs. tit. 16 § 1399.170.3.
Specifically, “any person who violates any of the provisions of this chapter [5.3] shall be guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or both.” Business & Professions Code § 2533.3.
Business & Professions Code § 2532, as part of “Chapter 5.3,” entitled “Speech-Language Pathologists, Audiologists, and Hearing Aid Dispensers” provides that: “No person shall…represent themselves as a speech-language pathologist…unless they are licensed in accordance with this chapter.”
Has anyone filed a complaint about Madison Miner’s false claim of being a speech therapist?
Yes. We have been provided with the attached letter dated February 12, 2024.
Did the licensing agency find that Madison Miner had wrongfully held herself out as a speech therapist?
Yes. See the letter below.
Did the Board of Consumer Affairs reach out to Madison Miner?
Did Madison Miner violate the Elections Code by lying on her candidate statement?
The law is that: “Any candidate in an election…who knowingly makes a false statement of a material fact in a candidate’s statement…with the intent to mislead the voters in connection with his or her campaign for nomination or election to a nonpartisan office is punishable by a fine not to exceed one thousand dollars ($1,000).” Elec. Code § 18351.
A few requirements would present a barrier to prosecution for this offense, notably:
Whether Madison Miner “knowingly” made the false statement about being a speech therapist; and
Whether Madison Miner made the false statement “with the intent to mislead the voters” in connection with her campaign for OUSD Board of Trustees.
Did the Registrar of Voters check if Madison Miner lied about being a speech therapist?
Even if the Registrar of Voters had confirmed that Madison Miner lied about her credentials as a speech therapist, there is no law allowing the office to refuse to print the candidate’s statement. Rather, the law is that “any candidate’s statement…shall be limited to a recitation of the candidate’s own personal background and qualifications, and shall not in any way make reference to other candidates for that office or to another candidate’s qualifications, character, or activities. The elections official shall not cause to be printed, posted on an Internet Web site, or circulated any statement that the elections official determines is not so limited or that includes any reference prohibited by this section.” Elec. Code § 13308. This limitation is incredibly narrow and reflects that the Registrar of Voters does not determine the accuracy of a candidate’s proclaimed professional credentials.
What does Madison say about this?
In the 2024 Recall Election, Madison issued an official ballot statement correctly identifying her title.
OUSD Facts Truth-O-Meter: False
We rate Madison Miner’s claim in the 2022 election of being a “speech therapist” to be false. Yes, Madison Miner is a part of the profession that includes speech therapists, but she is not one of them as her license level has lower requirements than a speech therapist, and can only perform certain tasks under the supervision of a speech therapist.
