Section 1397.2 - Other Actions Constituting Unprofessional ConductIn addition to the conduct described in Section 2960 of the Code, "unprofessional conduct" also includes but is not limited to the following:
(a) Including or permitting to be included any of the following provisions in an agreement to settle a civil dispute arising from the licensee's or registrant's practice to which the licensee or registrant is or expects to be named as a party, whether the agreement is made before or after the filing of an action: (1) A provision that prohibits another party to the dispute from contacting, cooperating with, or filing a complaint with the Board.(2) A provision that requires another party to the dispute to attempt to withdraw a complaint the party has filed with the Board.(b) Failure to provide to the Board, as directed, lawfully requested certified copies of documents 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 certified documents with this time period for good cause, including but not limited to, physical inability to access the records in the time allowed due to illness or travel. This subsection shall not apply to a licensee or registrant who does not have access to, and control over, medical records.(c) 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 or registrant of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privilege. This subsection shall not be construed to require a licensee or registrant to cooperate with a request that would require the licensee or registrant to waive any constitutional or statutory 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 privilege shall not be used against the licensee or registrant in a regulatory or disciplinary proceeding against the licensee or registrant.(d) Failure to report to the Board within 30 days any of the following: (1) The conviction of the licensee or registrant, including any verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor.(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.Cal. Code Regs. Tit. 16, § 1397.2
1. New section filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30). For prior history, see Register 83, No. 25. Note: Authority cited: Section 2930, Business and Professions Code. Reference: Sections 2960, 2963 and 2969, Business and Professions Code.
1. New section filed 7-23-2012; operative 8-22-2012 (Register 2012, No. 30). For prior history, see Register 83, No. 25.