California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 15 - State Board of Optometry
Article 12.5 - Citations and Fines
Section 1582 - Unprofessional Conduct
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
In addition to the conduct described in Section 3110 of the Code, "unprofessional conduct" also includes, but is not limited to the following:
(a) Failure to cooperate and participate in any Board investigation pending against the licensee. This includes, but is not limited to, failure to respond to a Board request for information or evidence 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 information within this time period for good cause. 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.
(b) Failure to report to the Board, within 30 days, any of the following:
(c) Failure or refusal to comply with a court order, issued in the enforcement of a subpoena, mandating the release of records to the Board.
1. New section filed 12-6-2016; operative 4-1-2017 (Register 2016, No. 50).
Note: Authority cited: Section 3025, Business and Professions Code. Reference: Sections 480, 3010.1, 3010.5, 3024, 3025, 3090 and 3110, Business and Professions Code.