Home Table of Contents

§ 1654. Substantial Relationship Criteria.

16 CA ADC § 1654BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 16. Osteopathic Medical Board of California
Article 12. Substantial Relationship and Rehabilitation Criteria; Petitions for Modification of Penalty or Reinstatement (Refs & Annos)
16 CCR § 1654
§ 1654. Substantial Relationship Criteria.
(a) For purposes of denial, suspension, or revocation of a certificate pursuant to Section 141 or Code Division 1.5 (commencing with Code Section 475), a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a certificate under the Osteopathic Act, if to a substantial degree, it evidences present or potential unfitness of a person holding the certificate to perform the functions of a physician and surgeon in a manner consistent with the public health, safety, or welfare.
(b) In making the substantial relationship determination required under subdivision (a) for a crime, the Board shall consider the following criteria:
(1) The nature and gravity of the offense;
(2) The number of years that have elapsed since the date of the offense;
(3) How the offense relates to the nature and duties of a physician and surgeon.
(c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following:
(1) Any violation of Article 6, Chapter 1, Division 2 of the Code;
(2) Any violation of the provisions of the Osteopathic Act or the Medical Practice Act.
Note: Authority cited: Sections 141, 480, 481, 2018 and 3600-1, Business and Professions Code. Reference: Sections 480, 481, 490 and 493, Business and Professions Code.
HISTORY
1. Repealer of Chapter 16 (Sections 1600-1697, not consecutive) and new Chapter 16 (Sections 1600-1697, not consecutive and Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No. 15; 77, No. 21; and 63, No. 25.
2. Amendment of section and Note filed 5-17-2021; operative 5-17-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21). 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 6/17/22 Register 2022, No. 24
16 CCR § 1654, 16 CA ADC § 1654
End of Document