As used in Section 4992.3 of the Code, unprofessional conduct
includes, but is not limited to:
(a)
Impersonating a licensee or allowing another person to use their
license.
(b) Permitting a person
under their supervision or control to perform or permitting such person to hold
themselves out as competent to perform professional services beyond the level
of education, training and/or experience of that person.
(c) Failure to provide to the board, as
authorized by law, copies of records within 15 days of receipt of the request
or within the time specified in the request, whichever is later, unless the
licensee or registrant is unable to provide the records within this time period
for good cause. Good cause includes, but is not limited to, physical inability
to access the records in the time allowed due to illness or travel, or
inability to obtain the necessary patient release authorization, if applicable.
This subsection shall not apply to a licensee or registrant who does not have
access to, and control over, medical records.
(d) Failure to cooperate and participate in
any board investigation pending against the licensee or registrant. This
subsection shall not be construed to deprive a licensee, registrant, or a
consumer of any rights or privilege guaranteed by the
Fifth Amendment to the
Constitution of the United States, or any other constitutional or statutory
rights or privileges. This subsection shall not be construed to require a
licensee or registrant to cooperate with a request that would require the
licensee, registrant, or a consumer to waive any constitutional or statutory
rights or privilege or to comply with a request for information or other
matters within an unreasonable period of time in light of the time constraints
of the licensee's or registrant's practice. Any exercise by a licensee or
registrant of any constitutional or statutory rights or privilege shall not be
used against the licensee or registrant in a regulatory or disciplinary
proceeding against the licensee or registrant.
(e) Failure to report to the board within 30
days any of the following:
(1) A conviction of
any felony or misdemeanor, which is not subject to Health & Safety Code
sections 11357(b), (c), (d), (e), or 11360(b). A conviction includes any
verdict of guilty, or plea of guilty or no contest.
(2) Any disciplinary action taken by another
licensing entity or authority of this state or of another state or an agency of
the federal government or the United States military.
(f) Failure to provide, within 30 days of a
request, documentation to the Board regarding the arrest of the licensee or
registrant, except for records of convictions or arrests protected under Penal
Code section
1000.4, or
Health and Safety Code sections
11361.5
and
11361.7.
(g) Failure or refusal to comply with a court
order, issued in the enforcement of a subpoena, mandating the release of
records to the board.
Notes
Cal. Code
Regs. Tit. 16, §
1881
Note: Authority cited: Section 4990.20, Business and
Professions Code. Reference: Sections 4990.20, 4992.3 and 4996.11, Business and
Professions Code; Section 1000.4, Penal Code; and Sections 11357, 11360,
11361.5 and 11361.7, Health and Safety Code.
Note: Authority cited: Section
4990.20,
Business and Professions Code. Reference: Sections
4990.20,
4992.3,
4992.33
and
4996.11,
Business and Professions Code; Sections
1000.4 and
11166, Penal
Code; Sections
11357,
11360,
11361.5
and
11361.7,
Health and Safety Code; and Section 15630, Welfare and Institution
Code.
1. New section filed
1-24-80; effective thirtieth day thereafter (Register 80, No. 4).
2. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83,
No. 38).
3. Change without regulatory effect of NOTE (Register 86,
No. 41).
4. New subsection (o) and amendment of NOTE filed 5-7-87;
operative 5-7-87 (Register 87, No. 20).
5. Amendment of subsection
(o), new subsection (p) and amendment of Note filed 5-27-2003; operative
6-26-2003 (Register 2003, No. 22).
6. Amendment of Note filed
5-24-2011; operative 5-24-2011 pursuant to Government Code section
11343.4
(Register 2011, No. 21).
7. Amendment of first paragraph, new
subsections (q)-(u) and amendment of Note filed 3-25-2013; operative 7-1-2013
(Register 2013, No. 13).
8. Amendment of section and NOTE filed
10-9-2024; operative 1/1/2025 (Register
2024, No. 41).
