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§ 1516. Application Review and Criteria for Rehabilitation.

16 CA ADC § 1516Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 15. State Board of Optometry (Refs & Annos)
Article 3. Professional Rules
16 CCR § 1516
§ 1516. Application Review and Criteria for Rehabilitation.
Currentness
(a) In addition to any other requirements for licensure, whenever it reasonably appears that an applicant may be unable to practice optometry safely because his or her ability to practice may be impaired due to mental or physical illness affecting competency, the Board may require the applicant to be examined by one or more physicians and surgeons or psychologists designated by the Board. The applicant shall pay the full cost of the examination. An applicant's failure to comply with the requirement shall render his or her application incomplete. If after receiving the report of the evaluation the Board determines that the applicant is unable to safely practice, the Board may deny the application. The report of the evaluation shall be made available to the applicant.
(b) Denial of a license.
(1) When considering the denial of a license under Section 480 of the Code on the grounds that the applicant has been convicted of a crime, the Board shall consider whether the applicant has 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:
(A) The circumstances, nature, and gravity of the crime(s).
(B) The length(s) of time that has elapsed since the criminal conduct and the completion of probation.
(C) Whether the applicant is a repeat offender of the same or similar crime(s), and the total criminal record.
(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.
(2) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, the Board determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (b)(1), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 3091 or 3110 of the code, the Board shall apply the following criteria in evaluating the applicant's rehabilitation:
(A) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.
(B) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.
(C) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivision (b)(2)(A) or (B).
(D) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(E) The criteria in subdivision (b)(1)(A) through (D), as applicable.
(F) Evidence, if any, of rehabilitation submitted by the applicant.
(c) Suspension or revocation of a license.
(1) When considering the suspension or revocation of a license on the grounds that the licensee has been convicted of a crime, the Board shall consider whether the licensee has made a showing or 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:
(A) The circumstances, nature, and gravity of the crime(s).
(B) The length(s) of time that has elapsed since the criminal conduct and the completion of probation.
(C) Whether the licensee is a repeat offender of the same or similar crime(s), and the total criminal record.
(D) The terms or conditions of parole or probation and the extent to which they bear on the licensee's rehabilitation.
(2) 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 a showing of rehabilitation based on the criteria in subdivision (c)(1), 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 3090.5, 3097, 3100, or 3110 of the code, the Board shall apply the following criteria in evaluating whether licensee's rehabilitation:
(A) Nature and gravity of the act(s), disciplinary action(s), or crime(s).
(B) Total criminal record.
(C) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).
(D) Whether the licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the licensee.
(E) The criteria in subdivision (c)(1)(A) through (D), as applicable.
(F) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
(G) Evidence, if any, of rehabilitation submitted by the licensee.
(f) When considering a petition for reinstatement of a license under Section 11522 of the Government Code, the Board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria of rehabilitation specified in subdivision (c)(2).

Credits

Note: Authority cited: Sections 481, 482, 3025, 3056 and 3057, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 488, 490, 493, 3056, 3057, 3090.5, 3091, 3097, 3100 and 3110, Business and Professions Code; and Section 11522, Government Code.
History
1. New section filed 5-11-73; effective thirtieth day thereafter (Register 73, No. 19).
2. Amendment filed 2-4-75 as an emergency; effective upon filing (Register 75, No. 6).
3. Certificate of Compliance filed 3-28-75 (Register 75, No. 13).
4. Amendment filed 10-25-83; effective thirtieth day thereafter (Register 83, No. 44).
5. Amendment of section heading, section and Note filed 12-6-2016; operative 4-1-2017 (Register 2016, No. 50).
6. Amendment of section and Note filed 2-25-2021; operative 2-25-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 9). (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, § 1516, 16 CA ADC § 1516
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