Section 1881 - [Operative until 1/1/2025] Unprofessional ConductAs used in Section 4992.3 of the code, unprofessional conduct includes, but is not limited to:
(a) Misrepresents the type or status of license held by such person or otherwise misrepresents or permits the misrepresentation of his or her professional qualifications or affiliations.(b) Impersonates a licensee or who allows another person to use his or her license.(c) Aids or abets an unlicensed person to engage in conduct requiring a license.(d) Intentionally or recklessly causes physical or emotional harm to a client.(e) Commits any dishonest, corrupt, or fraudulent act which is substantially related to the qualifications, functions or duties of a licensee.(f) Has sexual relations with a client, or who solicits sexual relations with a client, or who commits an act of sexual abuse, or who commits an act of sexual misconduct, or who commits an act punishable as a sexual related crime if such act or solicitation is substantially related to the qualifications, functions or duties of a Licensed Clinical Social Worker.(g) Performs or holds himself or herself out as able to perform professional services beyond his or her field or fields of competence as established by his or her education, training and/or experience.(h) Permits a person under his or her supervision or control to perform or permits such person to hold himself or herself out as competent to perform professional services beyond the level of education, training and/or experience of that person.(i) Fails to maintain the confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client during the course of treatment and all information about the client which is obtained from tests or other such means.(j) Prior to the commencement of treatment, fails to disclose to the client, or prospective client, the fee to be charged for the professional services, or the basis upon which such fee will be computed.(k) Advertises in a manner which is false or misleading.(l) Reproduces or describes in public or in publications subject to general public distribution, any psychological test or other assessment device, the value of which depends in whole or in part on the naivete of the subject, in ways that might invalidate such test or device. The licensee shall limit access to such test or device to persons with professional interest who are expected to safeguard their use.(m) Commits an act or omission which falls sufficiently below that standard of conduct of the profession as to constitute an act of gross negligence.(n) Pays, accepts or solicits any consideration, compensation or remuneration for the referral of professional clients. All consideration, compensation or remuneration must be in relation to professional counseling services actually provided by the licensee. Nothing in this section shall prevent collaboration among two or more licensees in a case or cases. However, no fee shall be charged for such collaboration except when disclosure of such fee is made in compliance with subparagraph (j) above.(o) Fails to comply with the child abuse reporting requirements of Penal Code Section 11166.(p) Fails to comply with the elder and dependent adult abuse reporting requirements of Welfare and Institutions Code Section 15630.(q) 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.(r) 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.(s) Failure to report to the board within 30 days any of the following:(1) A conviction of any felony or misdemeanor, which is not subiect 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.(t) 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.(u) 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
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). 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).