§ 1399.372. Rehabilitation Criteria for Denials, Suspensions, Revocations, Petitions for Reinst...
16 CA ADC § 1399.372Barclays Official California Code of Regulations
16 CCR § 1399.372
§ 1399.372. Rehabilitation Criteria for Denials, Suspensions, Revocations, Petitions for Reinstatement, or Probation Modification.
(a) When considering the denial of a respiratory care practitioner license pursuant to section 480 of the B&P on the grounds that the applicant has been convicted of a crime, the board shall consider whether the applicant made a showing of rehabilitation, if the applicant completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the board shall consider the following criteria:
(b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, or the board determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (a), the denial is based on professional misconduct, or the denial is based on one or more grounds specified in Sections 3750, 3750.5, or 3755 of the B&P, the board shall apply the following criteria in evaluating an applicant's rehabilitation:
(c) When considering the petition for reinstatement, modification of probation, suspension or revocation of a respiratory care practitioner license on the ground that the licensee has been convicted of a crime, the board shall consider whether the licensee made a showing of rehabilitation, if the 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:
(d) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, or the board determines that the licensee did not make the showing of rehabilitation based on the criteria in subdivision (c), the petition for reinstatement, modification of probation, suspension, or revocation of a respiratory care practitioner license is based on disciplinary action as described in Section 141 of the Business and Professions Code, or the petition for reinstatement, modification of probation, suspension, or revocation of a respiratory care practitioner license is based on one or more of the grounds specified in Sections 3750, 3750.5, or 3755, the board shall apply the following criteria in evaluating a licensee's rehabilitation:
Credits
Note: Authority cited: Sections 481, 482 and 3722, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 482, 488, 490, 493, 3750, 3750.5, 3751, 3753 and 3755, Business and Professions Code.
History
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).
3. Amendment of section heading, repealer and new section and amendment of Note filed 8-17-2021; operative 8-17-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 34). 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, § 1399.372, 16 CA ADC § 1399.372
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