Section 1020 - Application Review and Criteria for Evaluating Rehabilitation(a)(1) In addition to any other requirements for licensure, when considering the approval of an application, the Board or its designee may require an applicant to be examined by one or more physicians and surgeons or psychologists designated by the Board if it appears that the applicant may be unable to safely practice due to mental illness or physical illness affecting competency. An applicant's failure to comply with the examination requirement shall render his or her application incomplete. The report of the examiners shall be made available to the applicant. The Board shall pay the full cost of such examination. If after receiving the report of evaluation, the Board determines that the applicant is unable to safely practice, the Board may deny the application, or may issue the applicant a license that is placed on probation with terms and conditions. If the Board issues a license on probation, the probationary order shall include an order that the license be revoked, stayed and placed on probation for the entire term of probation. In issuing a license on probation, the Board may consider any or all of the following terms and conditions: (A) Requiring the licensee to obtain additional training or pass an examination upon completion of training, or both. The examination may be written, oral, or both, and may be a practical or clinical examination or both, at the option of the Board;(B) Requiring the licensee to submit to a mental or physical examination, or psychotherapy during the term of probation under the terms and conditions provided for in the "Dental Board of California Disciplinary Guidelines With Model Language" revised 08/30/2010, incorporated by reference at Section 1018; or(C) Restricting or limiting the extent, scope or type of practice of the licensee.(2) If the Board determines, pursuant to proceedings conducted under this subdivision, that there is insufficient evidence to bring an action against the applicant, then all Board records of the proceedings, including the order for the examination, investigative reports, if any, and the report of the physicians and surgeons or psychologists, shall be kept confidential. If no further proceedings are conducted to determine the applicant's fitness to practice during a period of five years from the date of the determination by the Board of the proceedings pursuant to this subdivision, then the Board shall purge and destroy all records pertaining to the proceedings. If new proceedings are instituted during the five-year period against the applicant by the Board, the records, including the report of the physicians and surgeons or psychologists, may be used in the proceedings and shall be available to the applicant pursuant to the provisions of Section 11507.6 of the Government Code.(b) Denial of a license. (1) When considering the denial of a license under Section 480 of the Code on the ground that the applicant has been convicted of a crime, the Board shall consider whether the applicant 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 nature and gravity of the crime(s).(B) The length(s) of the applicable parole or probation period(s).(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(2) If an 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 subdivisions (b)(1)(A)-(E), the denial is based on professional misconduct, or the denial is based on the ground specified in Section 1687, the Board shall apply the following criteria in evaluating an 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) 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 (2)(A) or (2)(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 subdivisions (b)(1)(A) through (E), 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 of conviction 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: (A) The nature and gravity of the crime(s).(B) The length(s) of the applicable parole or probation period(s).(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(D) The terms or conditions of parole or probation and the extent to which they bear on the licensee's rehabilitation.(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(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 the showing of rehabilitation based on the criteria in subdivisions (c)(1)(A)-(E), 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 1611.5, 1638.1, 1646.7, 1647.9, 1647.17, 1647.25, 1647.34, 1670, 1670.1, 1680, 1681, 1682, 1683, 1683.1, 1684, 1684.1, 1684.5, 1685, or 1687, the Board shall apply the following criteria in evaluating the licensee's rehabilitation: (A) The 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) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.(F) The criteria in subdivisions (c)(1)(A) through (E), as applicable.(G) Evidence, if any, of rehabilitation submitted by the licensee.(d) When considering a petition for reinstatement of a license, the Board shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subdivisions (c)(2)(A)-(G).Cal. Code Regs. Tit. 16, § 1020
1. Amendment of section heading, section and NOTE filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).
2. Amendment of section and NOTE filed 1-22-2021; operative 1-22-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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.) Note: Authority cited: Sections 482 and 1614, Business and Professions Code. Reference: Sections 7.5, 480, 482, 820, 1611.5, 1638.1, 1646.7, 1647.9, 1647.17, 1647.25, 1647.34, 1670, 1670.1, 1680, 1681, 1682, 1683, 1683.1, 1684, 1684.1, 1684.5, 1685 and 1687, Business and Professions Code; and Section 11519, Government Code.
1. Amendment of section heading, section and Note filed 2-8-2012; operative 3-9-2012 (Register 2012, No. 6).
2. Amendment of section and Note filed 1-22-2021; operative 1/22/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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.)