| 4.__Letters of guidance or concern.__The board may issue |
letters of guidance or concern to a licensee or registrant. |
Letters of guidance or concern may be used to educate, reinforce |
knowledge regarding legal or professional obligations and express |
concern over action or inaction by the licensee or registrant |
that does not rise to the level of misconduct sufficient to merit |
disciplinary action. The issuance of a letter of guidance or |
concern is not a formal proceeding and does not constitute an |
adverse disciplinary action of any form. Notwithstanding any |
other provision of law, letters of guidance or concern are not |
confidential. The board may place letters of guidance or concern, |
together with any underlying complaint, report and investigation |
materials, in a licensee's or registrant's file for a specified |
amount of time, not to exceed 10 years. Any letters, complaints |
and materials placed on file may be accessed and considered by |
the board in any subsequent action commenced against the licensee |
or registrant within the specified time frame. Complaints, |
reports and investigation materials placed on file are |
confidential only to the extent otherwise provided by law. |