California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 18 - Board of Behavioral Sciences › Article 6 - Licensed Clinical Social Workers › Section 1881 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As 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.