California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 40 - Naturopathic Medicine Committee › Article 9 - Enforcement › Section 4260 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of Sections
				  3662 and
				  3663 of the Code, unprofessional
				  conduct includes:
(a) The obtaining of
				any fee by fraud or misrepresentation.
(b) The aiding or abetting of any unlicensed
				person to practice naturopathic medicine.
(c) The aiding or abetting of a licensed
				person to practice naturopathic medicine unlawfully.
(d) The practice of accepting or receiving
				any commission or the rebating in any form or manner of fees for professional
				services, radiograms or prescriptions supplied to patients. This subdivision
				shall not apply to other services or articles supplied to patients if written
				disclosure is provided prior to the supplying of the services or
				articles.
(e) Advertising in
				violation of Section
				651 of the Code.
(f) The violation of any of the provisions of
				law regulating the procurement, dispensing, or administration of dangerous
				drugs, as defined in Article 7 (commencing with Section
				4110) of Chapter 9 of the Code, or
				controlled substances, as defined in Division 10 (commencing with Section
				11000) of the Health and Safety
				Code.
(g) The violation of any of
				the provisions of the Act or the regulations contained in this
				division.
(h) The clearly excessive
				prescribing or administering of drugs or treatment, or the clearly excessive
				use of diagnostic procedures, or the clearly excessive use of diagnostic or
				treatment facilities, as determined by the customary practice and standards of
				the naturopathic profession.
(i)
				The use of threats or harassment against any patient, licensee or certificate
				holder for providing evidence in any possible or actual disciplinary action, or
				other legal action; or the discharge of an employee primarily based on the
				employee's attempt to comply with the provisions of the Act or this division or
				to aid in the compliance.
(j) The
				suspension or revocation of a license issued, or discipline imposed, by another
				state or territory on grounds which would be the basis of discipline in this
				state.
(k) The alteration of a
				patient's record with intent to deceive.
(l) The presence of unsanitary or unsafe
				office conditions, as determined by the customary practice and standards of the
				naturopathic medical profession.
(m) The abandonment of the patient by the
				licensee, without written notice to the patient that treatment is to be
				discontinued and before the patient has ample opportunity to secure the
				services of another licensee.
(n)
				The willful misrepresentation of facts relating to a disciplinary action to the
				patients of a disciplined licensee.
(o) The use of fraud in the procurement of
				any license or certificate issued pursuant to the Act.
(p) Any action or conduct which would have
				warranted the denial of the license.
(q) The aiding or abetting of a licensed
				doctor of naturopathic medicine to practice naturopathic medicine in a
				negligent or incompetent manner.
(r) Gross negligence.
(s) Repeated negligent acts. To be repeated,
				there must be two or more negligent acts or omissions. An initial negligent act
				or omission followed by a separate and distinct departure from the applicable
				standard of care shall constitute repeated negligent acts.
(1) An initial negligent diagnosis followed
				by an act or omission medically appropriate for that negligent diagnosis of the
				patient shall constitute a single negligent act.
(2) When the standard of care requires a
				change in the diagnosis, act, or omission that constitutes the negligent act
				described in paragraph (1), including, but not limited to, a reevaluation of
				the diagnosis or a change in treatment, and the licensee's conduct departs from
				the applicable standard of care, each departure constitutes a separate and
				distinct breach of the standard of care.