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§ 1517. Substantial Relationship Criteria.

16 CA ADC § 1517Barclays 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 § 1517
§ 1517. Substantial Relationship Criteria.
Currentness
(a) For the purpose of denial, suspension, or revocation of the certificate of registration of an optometrist pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section 3110 of the Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions, and duties of an optometrist if, to a substantial degree, it evidences present or potential unfitness of an optometrist to perform the functions authorized by the certificate of registration in a manner consistent with the public health, safety, or welfare.
(b) In making the substantial relationship determination required under subdivision (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; and
(3) The nature and duties of an optometrist.
(c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following:
(1) Any violation of the provisions of Article 2, Chapter 1, Division 2 of the Code (Sections 525 et seq. of the Code).
(2) Any violation of the provisions of Article 6, Chapter 1, Division 2 of the Code (Sections 650 et. seq. of the Code) except Sections 651.4 and 654.
(3) Any violation of the provisions of Chapter 5.4, Division 2 of the Code (Sections 2540 et seq. of the Code).
(4) Any violation of the provisions of Chapter 7, Division 2 of the Code (Sections 3000 et seq. of the Code).
(5) Any act involving theft, dishonesty, fraud, or deceit.
(6) Any act involving assaultive or abusive conduct as defined in Penal Code section 11160.
(7) Any act involving sexual misconduct as defined in Business Code section 726(a).

Credits

Note: Authority cited: Section 481 and 3025, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 726 and 3110, Business and Professions Code; and Section 11160, Penal Code.
History
1. New section filed 2-4-75 as an emergency; effective upon filing (Register 75, No. 6).
2. Certificate of Compliance filed 3-28-75 (Register 75, No. 13).
3. Amendment filed 10-25-83; effective thirtieth day thereafter (Register 83, No. 44).
4. 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, § 1517, 16 CA ADC § 1517
End of Document