California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 4 - Licensed Marriage and Family Therapists › Section 1845 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in section
				  4982 of the code, unprofessional
				  conduct includes, but is not limited to:
(a) Performing or holding 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.
(b) Permitting a
				trainee or associate under his or her supervision or control to perform or
				permitting the trainee or associate to hold himself or herself out as competent
				to perform professional services beyond the trainee's or associate's level of
				education, training and/or experience.
(c) Failing to comply with the child abuse
				reporting requirements of Penal Code section
				11166.
(d) Failing to comply with the elder and
				dependent adult abuse reporting requirements of Welfare and Institutions Code
				section
				15630.
(e) 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.
(f) 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.
(g) 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.