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§ 2522. Rehabilitation Criteria.

16 CA ADC § 2522Barclays Official California Code of RegulationsEffective: April 1, 2022

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 25. Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California (Refs & Annos)
Chapter 1. Vocational Nurses
Article 4. Licenses
Effective: April 1, 2022
16 CCR § 2522
§ 2522. Rehabilitation Criteria.
Currentness
(a) When considering the denial of a license under Section 480 of the Business and Professions Code, the suspension or revocation of a license on the grounds that a licensee has been convicted of a crime, or a petition for reinstatement of a license under Section 2878.7 of the Business and Professions Code, the Board shall consider whether the applicant or licensee made a showing of rehabilitation if the applicant or licensee completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Board shall consider the following criteria:
(1) The nature and gravity of the crime(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.
(4) The terms or conditions of parole or probation and the extent to which they bear on the applicant or licensee's rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.
(b) If the applicant or licensee has not completed the criminal sentence at issue without a violation of parole or probation, the Board determines that the applicant or licensee did not make a showing of rehabilitation based on the criteria in subsection (a), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Section 2878 of the Business and Professions Code, the Board shall apply the following criteria in evaluating an applicant or licensee's rehabilitation:
(1) Nature and gravity of the crime(s), professional misconduct, or act(s) under consideration.
(2) Actual or potential harm to the public.
(3) Actual or potential harm to any patient.
(4) Overall disciplinary record.
(5) Overall criminal actions taken by any federal, state or local agency or court.
(6) Prior warnings on record or prior remediation.
(7) Number and/or variety of current violations.
(8) Mitigation evidence.
(9) In case of a criminal conviction, compliance with terms of sentence and/or court-ordered probation.
(10) Time passed since the crime(s), professional misconduct, or act(s) occurred.
(11) If applicable, evidence of proceedings to dismiss a conviction pursuant to Penal Code section 1203.4.
(12) Cooperation with the Board and other law enforcement or regulatory agencies.
(13) Other rehabilitation evidence.

Credits

Note: Authority cited: Sections 481, 482 and 2854, Business and Professions Code. Reference: Sections 475, 480, 481, 482, 488, 490, 492, 493, 2876, 2878 and 2878.7, Business and Professions Code.
History
1. Amendment of section heading and section and new Note filed 9-29-2008; operative 10-29-2008 (Register 2008, No. 40).
2. Amendment of section and Note filed 4-1-2022; operative 4-1-2022 pursuant to Government Code section 11353.4(b)(3) (Register 2022, No. 13). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 16, § 2522, 16 CA ADC § 2522
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