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§ 1399.469.4. Substantial Relationship Criteria.

16 CA ADC § 1399.469.4Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13.7. Acupuncture
Article 6. Miscellaneous Provisions
16 CCR § 1399.469.4
§ 1399.469.4. Substantial Relationship Criteria.
Currentness
(a) For the purpose of denial, suspension, or revocation of a license pursuant to Section 141, Division 1.5 (commencing with Section 475), or Sections 4955, 4955.1, or 4955.2 of the Business and Professions Code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions or duties of a licensee if, to a substantial degree, it evidences present or potential unfitness of a licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.
(b) In making the substantial relationship determination required under subsection (a) for a crime, the board shall consider the following criteria:
(1) The nature and gravity of the offense.
(2) The number of years elapsed since the date of the offense.
(3) The nature and duties of an acupuncturist.
(c) For purposes of subsection (a), a substantially related crime, professional misconduct, or act shall include, but is not limited to, the following:
(1) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of Chapter 12, Division 2 of the Business and Professions Code or other state or federal laws governing the practice of acupuncture.
(2) Conviction of a crime involving fiscal dishonesty.

Credits

Note: Authority cited: Sections 481 and 4933, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 4955, 4955.1, 4955.2 and 4956, Business and Professions Code.
History
1. New section filed 9-2-2021; operative 9-2-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 36). 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 5/24/24 Register 2024, No. 21.
Cal. Admin. Code tit. 16, § 1399.469.4, 16 CA ADC § 1399.469.4
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