4468.
The board may refuse to issue a registration or license, or may suspend or revoke the license or registration of any registrant or licensee, if the applicant, licensee, or registrant has been guilty of unprofessional conduct. Unprofessional conduct shall include, but not be limited to, all of the following:(a) The conviction of a crime substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. The record of conviction shall be conclusive evidence only of the fact that the conviction occurred. The board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions, or duties of a licensee or registrant under this chapter shall be deemed to be a conviction within the meaning of this section. The board may order any license or registration suspended or revoked, or may decline to issue a license or registration when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under Section 1203.4 of the Penal Code allowing the person to withdraw a plea of guilty and enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.
(b) Securing a license or registration by fraud, deceit, or misrepresentation on any application for licensure or registration submitted to the board, whether engaged in by an applicant for a license or registration, or by a licensee in support of any application for licensure or registration.
(c) Administering to themselves any controlled substance or using any of the dangerous drugs specified in Section 4022, or any alcoholic beverage to the extent, or in a manner, as to be dangerous or injurious to the person applying for a registration or license or holding a registration or license under this chapter, or to any other person, or to the public, or to the extent that the use impairs the ability of the person applying for or holding a registration or license to conduct with safety to the public the practice authorized by the registration or license, or the conviction of more than one misdemeanor or any felony involving the use, consumption, or self-administration of a substance referred to in this subdivision after becoming licensed. The board shall deny an application for a registration or license or revoke the license or registration of a person who uses or offers to use drugs in the course of performing alcoholism and drug abuse counseling services.
(d) Gross negligence or incompetence in the performance of alcoholism and drug abuse counseling services.
(e) Violating, attempting to violate, or conspiring to violate this chapter or a regulation adopted by the board.
(f) Misrepresentation as to the type or status of a license or registration held by the person, or otherwise misrepresenting or permitting misrepresentation of their education, professional qualifications, or professional affiliations to a person or entity.
(g) Impersonation of another by a licensee, registrant, or applicant for a license or registration, or, in the case of a licensee, allowing any other person to use their license or registration.
(h) Aiding or abetting, or employing, directly or indirectly, an unlicensed or unregistered person to engage in conduct for which a license or registration is required under this chapter.
(i) Intentionally or recklessly causing physical or emotional harm to a client.
(j) The commission of any dishonest, corrupt, or fraudulent act substantially related to the qualifications, functions, or duties of a licensee or registrant.
(k) Engaging in sexual relations with a client or a former client within two years following termination of services, soliciting sexual relations with a client, committing an act of sexual abuse or sexual misconduct with a client, or committing an act punishable as a sexually related crime, if that act or solicitation is substantially related to the qualifications, functions, or duties of an alcoholism and drug abuse counselor.
(l) Failure to maintain confidentiality, except as otherwise required or permitted by law, of any information that has been received from a client in confidence during the course of treatment or any information about the client that is obtained from tests or other means.
(m) Before the commencement of treatment, failing to disclose to the client or prospective client the fee to be charged for the professional services, or the basis upon which that fee will be computed.
(n) Paying, accepting, or soliciting consideration, compensation, or remuneration, whether monetary or otherwise, for the referral of professional clients. All consideration, compensation, or remuneration shall be in relation to professional counseling services actually provided by the licensee. This subdivision does not prevent collaboration among two or more licensees in a case or cases. However, a fee shall not be charged for that collaboration, except when disclosure of the fee has been made in compliance with subdivision (m).
(o) Advertising in a manner that is false, misleading, or deceptive.
(p) Conduct in the supervision of a registered intern by a licensee that violates this chapter or rules or regulations adopted by the board.
(q) 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. This subdivision shall not be construed to expand the scope of the license authorized by this chapter.
(r) Permitting a registered intern, trainee, or applicant for licensure under one’s supervision or control to perform, or permitting the registered intern, trainee, or applicant for licensure to hold themselves out as competent to perform, professional services beyond the registered intern’s, trainee’s, or applicant for licensure’s level of education, training, or experience.
(s) The violation of a statute or regulation governing the training, supervision, or experience required by this chapter.
(t) Failure to maintain records consistent with sound clinical judgment, the standards of the profession, and the nature of the services being rendered.
(u) Failure to comply with the child abuse reporting requirements of Section 11166 of the Penal Code.
(v) Failure to comply with the elder and dependent adult abuse reporting requirements of Section 15630 of the Welfare and Institutions Code.
(w) Willful violation of Chapter 1 (commencing with Section 123100) of Part 1 of Division 106 of the Health and Safety Code.