Unprofessional Conduct Flashcards
What can one be charged of misdemeanor when using a license?
- Display cancelled, revoked, suspended, fraudulently altered license
- Fictitious license
- Lending license to another
- Displays license not issued to them
- Fails/refuses to surrender license that was suspended, revoked or cancelled
- Knowingly permits unlawful use of license
- Reproduces any license mistaken for valid license
- Buys/receives/fraudulent, forged, counterfeited license
When can one be charged of misdemeanor engaging in licensing examination?
- Conduct violates the security of the examination material (removing materials, reproduction, paying someone for reconstructing any portion of the exam, obtaining questions, selling/distributing/receiving/having exam
- Communicating, copying or possessing materials from another person
- Impersonating any examinee
How much can one be fined when guilty of misdemeanor due to engaging in licensing examination?
10,000 dollars and deny/suspend/revoke of license
True/False Is it unlawful for a person to refuse to perform licensed activity, refusal to perform licensed activity by another licensee, any discrimination/restriction in performance of licensed activity
True
True/False It is discrimination if there is a presence of architectural barriers?
False
It is a requirement for a licensed pursuant to permit an individual to participate an activity where that individual poses a direct threat to health/safety of others?
No
What is the definition of “direct threat”?
Significant risk to health/safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids and services
Can an applicant be denied of a license if the convicted crime was within the preceding 7 years from the date of the application that was related to the qualification, function, or duties of the business/profession?
Yes
What is an exception of the 7 year limitation when denying of license?
Serious felony; financial crime that is classified as felony, which is related to fiduciary qualifications, functions, or duties of business or profession
Can the board deny of license if the prior disciplinary action by a licensing board (in or out of CA) within the preceding 7 years was dismissed?
No
Can the board deny the license if one has convicted a crime but obtained a certificate of rehabilitation that was granted clemency/pardon by a state/federal executive?
No
Can a board deny a license on the basis of a conviction of a dismissal of a conviction?
No
What should one provide if a conviction was been dismissed?
Proof of dismissal by the Department of Justice
True/False A board can deny a license on the basis of an arrest resulted in a disposition including an infraction, citation, or juvenile adjudication
False
Can the board deny a license if the applicant knowingly made a false statement of fact?
Yes
Can the board deny a license if the applicant failed to disclose a fact that would not cause denial of the license?
No
When disclosing criminal conviction history on an application for license can the board require an applicant to disclose any info regarding the applicant’s criminal history?
No
Can the board request mitating (lessen) info from the applicant regarding to their criminal history for the purpose of determining evidence of rehabilitation?
Is that information voluntary? and if the applicant refuses can the board use that as a denial of license?
Yes
Yes
No
What should a board include if they denied a license based on applicant’s conviction history?
- Denial/disqualification of licensure
- Any existing procedure the board has for the applicant to challenge the decision or request for consideration
- Applicant has the right to appeal the decision
- Process for the applicant to request a copy of their complete conviction history and question the accuracy/completeness of the record
How many years should a board retain applicant’s application forms and other documents submitted by the applicant?
Minimum of 3 years
What should the board keep of record of regarding to criminal history?
Number of applicants who received notice of denial/disqualification of licensure; provided evidence of mitigation/rehabilitation; appealed any denial/disqualification of licensure; final disposition and demographic information (race or gender)
Who are the authority in regards to licensure?
- State Athletic Commission
- Bureau for Private Postsecondary Education
- California Horse Racing Board
Can a board suspend/revoke a license on the ground that the licensee has been convicted of a crime on the grounds of qualification, functions or duties of business/profession?
Yes
Can the board issue discipline of a licensee for conviction of a crime that is independent of authority only if the crime is related to qualification, functions, or duties of business/profession?
Yes
What can the board do on the ground that the licensee secured the license by fraud, deceit or knowingly misrepresentation of a material fact?
Revoke, suspend or restrict
An optometrist can be denied/suspended/revocation of certificate of registration of an optometrist if violated what?
- Violation in regards to shatter resistance materials and installing them in a flammable material (sell/dispense/prescribe to monocular, police officer/firefighters/under 18 y/o)
- Violation in regards to rebates materials
- Violation of prescribing lenses (someone other than physician/optician/optometrist measuring range of vision)
- Violation of optometry practice act
Can the board suspend a license due to noncompliance with child support order?
Yes
True/False A person can sell/barter/offer to sell any medical degree
False
Is it a fraud for a person to obtain any diploma, certificate, transcript or any other writing intent to be used as a qualification to practice as a physician?
Yes
Can a person use/attempt to use any certificate/diploma/transcript that is obtained illegally to use for practice?
No
Misdemeanor/Felony If one violates the article of medical records (illegal obtaining/selling of diploma/certificate/etc)
Felony; fine of 2,000 dollars to 6,000 dollars or imprisonment
True/False It is an unprofessional conduct if one knowingly signed any license directly or indirectly related to the practice that falsely represented the existence or nonexistence of a state of facts
True
Is it unlawful to use any licensed by the board that has been purchased, fraudulently issued, counterfeited, or issued by mistake as a valid license?
Yes
Can the board cite and fine a practitioner for default on a loan (stop making payments)?
Yes
Can the board deny license or renewal if a practitioner default on a loan?
Yes
What should the board consider when issuing a citation or denying license/renewal?
- Population the practitioner is serving
2. Practitioner’s economic status
Misdemeanor/felony Repeated act of rx drugs/treatment?
How can one be charged if found guilty?
Misdemeanor
100 to 600 dollars; imprisonment 60 to 180 days; or both
What is it when one repeated acts of excessive rx drugs/treatment, use of diagnostic procedure?
Unprofessional conduct
Who are not subject to disciplinary in the BPC 725 Excessive Prescribing or Treatment?
Who has a medical basis in rx controlled substance or dangerous drugs and who is treating intractable pain
What is it when there is an act of sexual abuse, misconduct or relations with patients?
Unprofessional conduct
If there is an equivalent domestic relationship with the patient, it is an unprofessional conduct in a practice?
No
What is it when a practitioner aiding and abetting in a workplace?
What are the consequences?
Unprofessional conduct
Denial/suspension/revocation of license; civil penalty of 2,500 dollars at first offense, 5,000 dollars after
What is it when someone obstruct a patient’s rx when it is legally obtained?
Unprofessional conduct
When is it viable for one to deny an rx?
- Professional judgement when the rx can cause harmful drug interaction
- When rx is not in stock
- The refusal is due to ethical,moral, or religious grounds; however, the employer should establish a protocol when it occurs
What should one do when the drug is not in stock?
- Immediately notify the patient and arrange the delivery
- Transfer rx to another pharmacy which has it in stock
- Return the rx and refer the patient
What should a licensing agency do when a practitioner is unable to practice their profession safely due to mental illness or physical illness?
Order 1 or more physicians/surgeons/psychologists to examine the practitioner
What can happen when the practitioner fail to comply with the licensing agency’s order for examination due to mental illness/physical illness affecting competency?
Suspension/revocation of the license
What actions can a licensing agency take if they determined the practitioner’s ability to practice safely has been impaired due to mental illness/physical illness?
- Revoke
- Suspend
- Probation
- Other actions by the licensing agency
When can the license be reinstated due to mental/physical illness affecting competency?
Competent evidence of absence or control of the condition
Can a license be suspended if the practitioner is suffering from a contagious/infectious disease?
Yes
A practitioner can be order to undergo a professional competency examination after investigation with a reasonable cause of them unable to practice under what circumstances?
- Single incident of gross negligence
- Pattern of inappropriate prescribing
- Act of incompetence/negligence causing death or serious bodily injury
- Pattern of substandard care
What can happen when one alter/modify a medical record?
Unprofessional conduct with a civil penalty of 500 dollars
What is it when someone directly/indirectly accepting employment to practice from any person not having a valid, unrevoked license?
Unprofessional conduct
What is it when one assisting in/abetting the violation of the rules and regulations adopted by the board?
Unprofessional conduct
Is gross negligence an unprofessional conduct?
Yes
Is repeated negligent acts an unprofessional conduct?
Yes
Is incompetence an unprofessional conduct?
Yes
What is it when one commision of fraud, misrepresents or act dishonest that is related to the qualifications, functions or duties of an optometrist?
Unprofessional conduct
Is it an unprofessional conduct when an action/conduct have been warranted the denial of a license?
Yes
What is it when one procure their license through fraud, misrepresentation or mistake?
Unprofessional conduct
What is it when someone making/giving false statement/info in connection with the application for issuance of a license?
Unprofessional conduct
Is it an unprofessional conduct when one self administer controlled substance/dangerous drugs/alcohol?
Yes
Can it be a misdemeanor/felony when involving the use, consumption or self administration of a substance?
Yes
Is it an unprofessional conduct when committing a sexual abuse, misconduct or relation with a patient?
Yes
If deemed of guilty of unprofessional conduct due to sexual relations, what must the person be registered as?
Sexual offender
Is it an unprofessional conduct with repeated acts of excessive rx of controlled substances/treatment/diagnostic procedures and treatment?
Yes
What is it when one rx controlled substances or treatment without good faith prior to examination?
Unprofessional conduct
What is it when one fail to maintain adequate record in relation to patient’s services?
Unprofessional conduct
What is it when someone hold themselves and performs beyond their scope of practice?
Unprofessional conduct
What is it when someone practice without a valid license
Unprofessional conduct
What is it when one altering a license issued by the board?
Unprofessional conduct
What is it when one knowingly failed to protect patients by failing to follow infection control guideline of the board; therefore risking transmission of diseases?
Unprofessional conduct
T/F it is an unprofessional conduct when one fail to comply with the request of clinical record that is authorized by the board within 15 days of receiving the request?
What is the exception?
True; if there is a good cause of unable to comply
T/F Failure to refer patient to appropriate practitioner when there is a likelihood of any pathology requires attention of a surgeon is unprofessional conduct
True
For those who violates are guilty of what? and what is the consequences?
Misdemeanor
Imprisonment 10 days to 1 year; 100 to 1,500 dollars; or both
What is an inefficiency in profession?
- Failure to use/lack proficiency in the use of instruments
2. Failure to make/keep records of findings
