Section 2518.8 - Unprofessional ConductIn addition to the conduct described in Section 2878(a) 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 practice, 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) Failure to cooperate and participate in any board investigation. 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.(d) 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.(e) 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, § 2518.8
1. New section filed 5-4-2012; operative 6-3-2012 (Register 2012, No. 18). Note: Authority cited: Section 2854, Business and Professions Code. Reference: Sections 490, 2841.1, 2878 and 2878.6, Business and Professions Code.
1. New section filed 5-4-2012; operative 6-3-2012 (Register 2012, No. 18).