Section 1399.521.5 - Unprofessional ConductIn addition to the conduct described in Section 3527 of the Code, "unprofessional conduct" also includes 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 practice to which the licensee 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, 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 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 is unable to provide the documents within 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 who does not have access to, and control over, medical records.(c) The commission of any act of sexual abuse or misconduct.(d) Failure to cooperate and participate in any board investigation pending against the licensee. This subsection shall not be construed to deprive a licensee of any privilege guaranteed by the Fifth Amendment to the Constitution of the United States, or any other constitutional or statutory privileges. This subsection shall not be construed to require a licensee to cooperate with a request that would require the licensee 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 practice. Any exercise by a licensee of any constitutional or statutory privilege shall not be used against the licensee in a regulatory or disciplinary proceeding against the licensee.(e) Failure to report to the board within 30 days any of the following: (1) The bringing of an indictment or information charging a felony against the licensee.(2) The arrest of the licensee.(3) The conviction of the licensee, including any verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor.(4) 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 or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the board.Cal. Code Regs. Tit. 16, § 1399.521.5
1. New section filed 10-6-2011; operative 11-5-2011 (Register 2011, No. 40).
2. Change without regulatory effect amending subsections (a)(1)-(b), (d)-(e) and (f) filed 8-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 32). Note: Authority cited: Section 3510, Business and Professions Code. Reference: Sections 3504.1 and 3510, Business and Professions Code.
1. New section filed 10-6-2011; operative 11-5-2011 (Register 2011, No. 40).
2. Change without regulatory effect amending subsections (a)(1)-(b), (d)-(e) and (f) filed 8-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 32).