§ 1399.155. Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-A...
16 CA ADC § 1399.155Barclays Official California Code of RegulationsEffective: April 1, 2023
Effective: April 1, 2023
16 CCR § 1399.155
§ 1399.155. Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees.
(a) In reaching a decision on a disciplinary action under the Administrative Procedure Act (Section 11400 et seq. of the Government Code) the Board shall consider the disciplinary guidelines entitled “Disciplinary Guidelines July 16, 2004” which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Board, in its sole discretion, determines that the facts of the particular case warrant such a deviation--for example: the presence of mitigating factors; the age of the case and evidentiary problems.
(c) Notwithstanding the disciplinary guidelines, any proposed decision issued in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that contains any finding of fact that the licensee engaged in any act of sexual contact, as defined in subdivision (c) of Section 729 of the Code, with a patient, or any finding that the licensee has committed a sex offense or been convicted of a sex offense, shall contain an order revoking the license. The proposed decision shall not contain any order staying the revocation of the license.
Credits
Note: Authority cited: Sections 315, 315.2, 315.4 and 2531.95, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code. Reference: Sections 315, 315.2, 315.4, 2533, 2533.1 and 2533.2, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.
History
1. Amendment filed 8-19-76; effective thirtieth day thereafter (Register 76, No. 34).
2. Repealer of former section 1399.155, and renumbering and amendment of former section 1399.156 to section 1399.155 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Renumbering of section 1399.155 to section 1399.154(d) filed 11-23-83; effective thirtieth day thereafter (Register 83, No. 48).
4. New section filed 1-9-84; effective thirtieth day thereafter (Register 84, No. 2).
5. Change without regulatory effect amending subsections (a), (a)(1), (a)(2) and (a)(3) filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 8).
6. Change without regulatory effect amending subsections (a)(1)-(3), (b)(1)-(3) and (c)(1)-(3) filed 4-27-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 18).
7. New subsections (d)-(d)(2) and amendment of Note filed 4-7-99 as an emergency; operative 4-7-99 (Register 99, No. 7). A Certificate of Compliance must be transmitted to OAL by 8-5-99 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-7-99 order transmitted to OAL 8-4-99 and filed 9-2-99 (Register 99, No. 36).
9. Change without regulatory effect renumbering former section 1399.155 to section 1399.151.1 and renumbering former section 1399.178 to section 1399.155 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).
10. Amendment of section and Note filed 4-21-2005; operative 5-21-2005 (Register 2005, No. 16).
11. Amendment of section and Note filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
12. Change without regulatory effect amending first paragraph filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
13. Amendment of section heading, section and Note filed 2-13-2023; operative 4-1-2023 (Register 2023, No. 7).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1399.155, 16 CA ADC § 1399.155
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