Section 1018.01 - [Operative 1/1/2025] Uniform Standards for Substance-Abusing Licensees(a) If after notice and hearing conducted in accordance with the Administrative Procedure Act at Chapter 5 (commencing with sections 11500), Part 1, Division 3, Title 2 of the Government Code, the Board finds that the evidence establishes that an individual is a substance-abusing licensee, then the terms and conditions contained in the document entitled "Uniform Standards Related to Substance-Abusing Licensees with Standard Language for Probationary Orders," Revised November 9, 2023 ("Uniform Standards document"), which are hereby incorporated by reference, shall be used in any probationary order of the Board affecting that licensee.(b) Nothing in this Section shall prohibit the Board from imposing additional terms or conditions of probation that are specific to a particular case or that are derived from the Board's guidelines referenced in Section 1018 in any order that the Board determines would provide greater public protection.(c) A substance-abusing licensee who does any of the following shall be deemed to have committed a major violation of probation:(1) Fails to complete a Board-ordered program as described in the Board's probationary order;(2) Fails to undergo a required clinical diagnostic evaluation as described in the Board's probationary order;(3) Commits multiple minor violations of probation conditions and terms as defined in this section;(4) Treats a patient or patients while under the influence of a prohibited substance;(5) Engages in any drug or alcohol related act that is a violation of state or federal law or regulation;(6) Fails to undergo biological testing when ordered;(7) Uses, consumes, ingests, or self-administers a prohibited substance;(8) Knowingly uses, makes, alters, or possesses any object or product in such a way as to defraud or attempt to defraud a biological test designed to detect the presence of a prohibited substance; or(9) Fails to comply with any term or condition of probation that presents an immediate threat to the violator or to the public.(d) If a substance-abusing licensee commits a major violation, the Board will take one or more of the following actions: (1) Issue an immediate cease-practice order in accordance with Section 1018.02 and order the licensee to undergo a clinical diagnostic evaluation meeting the requirements set forth in the Uniform Standards document at the expense of the licensee. Any order issued by the Board pursuant to this subsection shall state that the licensee must test negative for at least a month of continuous biological testing before being allowed to resume practice.(2) Increase the frequency of biological testing.(3) Refer the licensee for further disciplinary action, such as suspension, revocation, or other action as determined by the Board in accordance with the procedures outlined in the Administrative Procedure Act at Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(e) A substance-abusing licensee who does any of the following shall be deemed to have committed a minor violation of probation:(1) Fails to submit required documentation to the Board in a timely manner;(2) Has an unexcused absence at a required meeting;(3) Fails to contact a worksite monitor as required by the Board's probationary order; or(4) Fails to comply with any term or condition of probation which does not present an immediate threat to the violator or to the public.(f) If a substance-abusing licensee commits a minor violation, the Board will take one or more of the following actions: (1) Issue a cease-practice order in accordance with Section 1018.02;(2) Order practice limitations;(3) Order or increase supervision of licensee;(4) Order increased documentation;(5) Issue a citation and fine in accordance with Article 7 of Chapter 1 of this Division, or a warning letter;(6) Order the licensee to undergo a clinical diagnostic evaluation meeting the requirements set forth in the Uniform Standards document at the expense of the licensee;(7) Take any other action, including further disciplinary action such as suspension or revocation, as determined by the Board, in accordance with the procedures outlined in the Administrative Procedure Act at Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(g) For purposes of this Article, the term "prohibited substance" means an illegal drug, a lawful drug not prescribed or ordered by an appropriately licensed healthcare provider authorized to issue a prescription in accordance with Section 4040 of the Code for use by the licensee and approved by the Board in its discretion on a case-by-case basis, alcohol, or any other substance the licensee has been instructed by the Board not to use, consume, ingest, or self-administer.(h) For purposes of this Article, "biological testing" may include urine, blood, breathalyzer, or hair follicle testing.(i) Nothing in this section shall be considered a limitation on the Board's authority to revoke the probation of a substance-abusing licensee who has violated a term or condition of that probation.Cal. Code Regs. Tit. 16, § 1018.01
Note: Authority cited: Sections 125.9, 315, 315.2, 315.4 and 1614, Business and Professions Code. Reference: Sections 315, 315.2 and 315.4, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.
Note: Authority cited: Sections 315, 315.2, 315.4 and 1614, Business and Professions Code. Reference: Sections 315, 315.2 and 315.4, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.
1. New section filed 1-7-2014; operative 4-1-2014 (Register 2014, No. 2).
2. Amendment of section and NOTE filed 9-26-2024; operative 1/1/2025 (Register 2024, No. 39).