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§ 1399.370. Substantial Relationship Criteria.

16 CA ADC § 1399.370BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 13.6. Respiratory Care Board of California
Article 7. Miscellaneous
16 CCR § 1399.370
§ 1399.370. Substantial Relationship Criteria.
For the purposes of denial, suspension, or revocation of a license, a crime or act shall be considered to be substantially related to the qualifications, functions or duties of a respiratory care practitioner, if it evidences present or potential unfitness of a licensee to perform the functions authorized by his or her license or in a manner inconsistent with the public health, safety, or welfare. Such crimes or acts include but are not limited to those involving the following:
(a) Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation of or conspiring to violate any provision or term of the B&P.
(b) Commission of an act or conviction of a crime involving fraud, fiscal dishonesty theft, or larceny.
(c) Commission of an act or conviction of a crime involving driving under the influence or reckless driving while under the influence.
(d) Commission of an act or conviction of a crime involving harassment or stalking as defined by the Penal Code and/or Civil Code.
(e) Commission of an act or conviction of a crime involving lewd conduct, prostitution or solicitation thereof, or pandering and/or indecent exposure, as defined by the Penal Code.
(f) Commission of an act or conviction of a crime involving human trafficking, as defined by the Penal Code.
(g) Commission of an act or conviction of a crime involving gross negligence in the care of an animal or any form of animal cruelty as defined by the B&P or Penal Code.
(h) Failure to comply with a court order.
(i) Commission of an act or conviction of a crime, involving verbally abusive conduct or unlawful possession of a firearm or weapon.
Note: Authority cited: Section 3722, Business and Professions Code. Reference: Sections 481, 3750, 3750.5, 3752, 3752.5, 3752.6, 3752.7, 3754.5 and 3755, Business and Professions Code; and Sections 266, 288, 314, 646.9, 647, 1203.097, 11414, 13519.6 and 13519.7, Penal Code.
HISTORY
1. New Article 7 (Sections 1399.370-1399.372) filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).
2. Amendment of section and Note filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
3. Amendment of first paragraph filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
4. Amendment of subsections (a)-(e), new subsections (f)-(i) and amendment of Note filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
This database is current through 5/12/17 Register 2017, No. 19
16 CCR § 1399.370, 16 CA ADC § 1399.370
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