Section 2524.5 - Consumer Complaint DisclosureIn reaching a decision on the disclosure of a consumer complaint under the Public Records Act (Government Code Section 6250 et seq.), the Board shall follow its "Consumer Complaint Disclosure Policy" which specifies the following:
(a) Public Access to Information -- It is the policy of the Board of Vocational Nursing and Psychiatric Technicians (hereafter "Board") that information concerning individuals licensed by this agency be available to members of the public. Among the principal functions of the Board is the investigation of complaints against its licensees to determine whether there is cause for disciplinary action. Information regarding actions taken by the Board in the disposition of such complaints is readily accessible to the consuming public.(b) Complaint Information System -- The Board maintains a system designed to provide information regarding complaints and disciplinary actions against its licensees and information regarding their license status.(c) Information to be Provided Regarding Complaints -- In disclosing the existence of a consumer complaint, the Board will do so in a manner that will not reveal the identity of the complainant. The Board shall disclose details of a consumer complaint if the complaint is substantiated through investigation and/or an Accusation or Statement of Issues is filed. The Board shall disclose the following consumer complaint information to the public, upon request: (1) The number of complaints which have been found by the Board to be violations of the licensing law or regulations; and(2) With respect to each complaint, the following information:(B) A summary of the violation(s);(C) Its disposition, by indicating whether the complaint: (1) Has been or will be referred to formal disciplinary action.(2) Has been found to involve a minor violation not in itself meriting disciplinary action;(3) Has been disposed of through any action taken, formal or informal.(3) Comparative data considered by the Board to be informative to consumers, which could include the average number of complaints received against licensees in a given region, locality or area of practice.(4) A general disclaimer, if any, as the Board may deem appropriate.(d) A consumer complaint may not be disclosed if one of the following conditions exists: (1) The complaint is deemed without merit.(2) Board jurisdiction cannot be established.(3) The complaint is unrelated to professional conduct.(4) The complaint involves a non-consumer matter.(5) Disclosure is prohibited by statute or regulation.(6) Disclosure might endanger or injure the complainant.(7) Disclosure might compromise the investigation and/or prosecution.(e) Information to be Provided Regarding Disciplinary Actions -- The Board maintains records showing the disciplinary history of all current license holders and will provide to the public, upon request, whether a current license holder has ever been disciplined and, if so, when and for what offense. A copy of documents related to that action including the accusation, proposed decision, stipulation and/or final decision will be provided to the public upon request.Cal. Code Regs. Tit. 16, § 2524.5
1. Renumbering of former section 2524.1 to new section 2524.5, including amendment of subsections (c) and (e), filed 5-4-2012; operative 6-3-2012 (Register 2012, No. 18). Note: Authority cited: Section 2854, Business and Professions Code; and Section 6253.4, Government Code. Reference: Sections 2875, 2876, 2878, 2878.1 and 2878.5, Business and Professions Code; and Sections 6252, 6253, 6253.2, 6253.4, 6254, 6255, 6260, 11503 and 11504, Government Code.
1. Renumbering of former section 2524.1 to new section 2524.5, including amendment of subsections (c) and (e), filed 5-4-2012; operative 6-3-2012 (Register 2012, No. 18).