Cal. Code Regs. tit. 16 § 1399.156

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1399.156 - Unprofessional Conduct

Unprofessional conduct as set forth in Section 2533 of the Code includes, but is not limited to the following:

(a) Violating or conspiring to violate or aiding or abetting any person to violate the provisions of the Act or these regulations.
(b) Committing any corrupt act, or any abusive act against a patient, which is substantially related to the qualifications, functions or duties of a speech-language pathologist or audiologist.
(c) Incompetence or negligence in the practice of speech-language pathology or audiology which has endangered or is likely to endanger the health, welfare, or safety of the public.
(d) Commission of an act prohibited by Section 1399.155.
(e) On or after January 1, 2013, a violation of Section 143.5 of the Code.
(f) 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 documents 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, the requested documents.
(g) Failure to cooperate and participate in any Board investigation pending against the licensee. 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.
(h) 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.
(i) 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, § 1399.156

1. Renumbering and amendment of former section 1399.156 to section 1399.155, and renumbering and amendment of former section 1399.157(a) to section 1399.156 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
2. Change without regulatory effect amending section filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 8).
3. Change without regulatory effect amending first and last paragraphs filed 4-27-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 18).
4. Change without regulatory effect renumbering former section 1399.156 to section 1399.152 and renumbering former section 1399.180 to section 1399.156 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).
5. Amendment of section and NOTE filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
6. Change without regulatory effect amending section filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).

Note: Authority cited: Section 2531.95, Business and Professions Code. Reference: Sections 143.5, 726, 2531.02 and 2533, Business and Professions Code.

1. Renumbering and amendment of former section 1399.156 to section 1399.155, and renumbering and amendment of former section 1399.157(a) to section 1399.156 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
2. Change without regulatory effect amending section filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 8).
3. Change without regulatory effect amending first and last paragraphs filed 4-27-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 18).
4. Change without regulatory effect renumbering former section 1399.156 to section 1399.152 and renumbering former section 1399.180 to section 1399.156 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).
5. Amendment of section and Note filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
6. Change without regulatory effect amending section filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).