Cal. Code Regs. tit. 16 § 1399.183

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1399.183 - Disclosure of Complaint History

The Board shall maintain records showing the complaints received against speech-language pathologists or audiologists and, with respect to such complaints, shall make available to inquiring members of the public the following information:

(a) The nature of all complaints on file which have been investigated by the Board and referred for legal action to the Attorney General, including:

(1) The date of the complaint;

(2) A brief summary of the nature of the complaint; and

(3) Its disposition.

(b) Under no circumstances shall the name, identity, or information that might lead to the discovery of the identity of the complainant, patient, or client be disclosed.

(c) Information concerning the complaint shall be accompanied by the disclaimer set out in Section 1399.182(h)(2). If no action is taken by the Attorney General, records of the complaint shall be deleted from the Board's complaint disclosure system no later than one year after receipt of the decision by the Attorney General to take no action.

(d) If a complaint results in legal action and is subsequently determined by the Board, the Attorney General, or a court of competent jurisdiction not to have merit, it shall be deleted from the complaint disclosure system.

(e) If a complaint results in a criminal prosecution, the Board will disclose the current status of the prosecution and any sentence imposed. If the prosecution results in an acquittal or is dismissed, the information described in this subdivision, including the existence of the complaint, shall be deleted from the complaint disclosure system.

(f) Information about a complaint shall not be disclosed in the complaint history report if:

(1) The disclosure might compromise an investigation or prosecution; or

(2) The disclosure might endanger or injure the complainant or a third party.

Cal. Code Regs. Tit. 16, § 1399.183

1. New section filed 8-1-2006; operative 8-31-2006 (Register 2006, No. 31). For prior history, see Register 99, No. 50.

Note: Authority cited: Sections 129 and 2531.95, Business and Professions Code; and Section 6253, Government Code. Reference: Section 129, Business and Professions Code; Section 1798.24, Civil Code; and Sections 6250, 6252, 6253 and 6254, Government Code.

1. New section filed 8-1-2006; operative 8-31-2006 (Register 2006, No. 31). For prior history, see Register 99, No. 50.