Cal. Code Regs. tit. 16 § 1881

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 1881 - [Operative 1/1/2025] Unprofessional Conduct

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.

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).