Cal. Code Regs. tit. 16 § 4260

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

Section 4260 - Unprofessional Conduct

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.

(t) Incompetence.

(u) The use of any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 7 (commencing with Section 4110) of Chapter 9 of the Code, or alcoholic beverages or other intoxicating substances, to an extent or in a manner dangerous or injurious to the licensee, any person, or the public to the extent that such use impairs his or her ability to conduct with safety to the public the practice authorized by his or her license or certificate.

(v) The conviction of a charge of violating any federal statute or rule, or any statute or rule of this state, regulating controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 7 (commencing with Section 4110) of Chapter 9 of the Code, or the conviction of more than one misdemeanor, or any felony, involving the use or consumption of alcohol or drugs, if the conviction is substantially related to the practice of naturopathic medicine. The record of conviction or certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of a violation of this section; a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section.

(w) Performing or holding oneself out as being able to perform professional services beyond the scope of one's competence, as established by one's education, training, or experience.

(x) Permitting a student enrolled in an approved naturopathic medical under one's supervision or control to perform, or permitting the student to hold himself or herself out as competent to perform, professional services beyond the student's level of education, training, or experience.

Cal. Code Regs. Tit. 16, § 4260

1. New section filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).

Note: Authority cited: Sections 3620 and 3622, Business and Professions Code. Reference: Sections 650, 651, 3660, 3662 and 3663, Business and Professions Code.