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§ 1399.527. Rehabilitation Criteria for Suspensions and Revocations.

16 CA ADC § 1399.527Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13.8. Physician Assistant Board
Article 2. Enforcement
16 CCR § 1399.527
§ 1399.527. Rehabilitation Criteria for Suspensions and Revocations.
Currentness
(a) When considering the suspension or revocation of a license on the ground that a person holding a license under the Physician Assistant Practice Act 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:
(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 licensee's rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for the modification.
(b) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the licensee did not make the showing of rehabilitation based on the criteria in subdivision (a), the suspension or revocation is based on a disciplinary action as described in Section 141 of the code, or the suspension or revocation is based on one or more of the grounds specified in Sections 3527, 3530, or 3531 of the code, the board shall apply the following criteria in evaluating a licensee's rehabilitation:
(1) The nature and gravity of the act(s), disciplinary actions, unprofessional conduct, or crime(s).
(2) The total criminal record.
(3) The time that has elapsed since commission of the act(s), disciplinary actions, unprofessional conduct, or crime(s).
(4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against such person.
(5) The criteria in subdivision (a)(1)-(5), as applicable.
(6) If applicable, evidence of dismissal proceedings pursuant to section 1203.4 of the Penal Code.
(7) Evidence, if any, of rehabilitation submitted by the licensee.

Credits

Note: Authority cited: Sections 481, 482, 2018 and 3510, Business and Professions Code. Reference: Sections 141, 480, 482, 488, 493, 3527 and 3531, Business and Professions Code.
History
1. Renumbering and amendment of former section 1399.527 to section 1399.536, and renumbering and amendment of former section 1399.518 to section 1399.527 filed 9-20-83; effective thirtieth day thereafter (Register 83, No. 39).
2. Change without regulatory effect filed 2-5-91 pursuant to section 100, Title 1, California Code of Regulations (Register 91, No. 11).
3. Change without regulatory effect amending first paragraph filed 10-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 42).
4. Change without regulatory effect amending first paragraph filed 8-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 32).
5. Amendment of section and Note filed 1-29-2021; operative 1-29-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 5). 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 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1399.527, 16 CA ADC § 1399.527
End of Document