Home Table of Contents

§ 1399.372. Rehabilitation Criteria for Suspensions or Revocations.


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 § 1399.372
§ 1399.372. Rehabilitation Criteria for Suspensions or Revocations.
When considering the denial, petition for reinstatement, modification of probation, suspension or revocation of an RCP license, the board will consider the following criteria in evaluating the rehabilitation of such person and his or her eligibility for a license:
(a) The nature and severity of the act(s) or offense(s).
(b) The total criminal record.
(c) The time that has elapsed since the commission of the act(s) or offense(s).
(d) Compliance with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against such person.
(e) Evidence of any subsequent act(s) or crime(s) committed.
(f) Any other evidence of rehabilitation submitted that is acceptable to the board, including:
(1) Successful completion of respiratory care courses with a “C” or better, as determined by the institution;
(2) Active continued attendance or successful completion or rehabilitative programs such as 12-step recovery programs or psychotherapy counseling;
(3) Letters relating to the quality of practice signed under penalty of perjury from licensed health care providers responsible for the supervision of his/her work.
(g) Statements, letters, attestations of good moral character, or references relating to character, reputation, personality, marital/family status, or habits shall not be considered rehabilitation unless they relate to quality of practice as listed in section (f).
Note: Authority cited: Sections 482 and 3722, Business and Professions Code. Reference: Sections 482, 3750, 3751 and 3753, Business and Professions Code.
1. Change without regulatory effect amending opening paragraph filed 11-30-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 48).
2. Amendment of first paragraph and subsections (d)-(f), new subsections (f)(1)-(g) and amendment of Note filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
This database is current through 7/6/18 Register 2018, No. 27
16 CCR § 1399.372, 16 CA ADC § 1399.372
End of Document© 2018 Thomson Reuters. No claim to original U.S. Government Works.