Section 1399.131 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees(a) In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the Board shall consider the disciplinary guidelines entitled "Disciplinary Guidelines and Model Disciplinary Orders" Sixth Edition, June 1997 which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Board in its sole discretion determines that the facts of the particular case warrant such a deviation -- for example: the presence of mitigating factors; the age of the case; evidentiary problems.(b) Notwithstanding subsection (a), the Board shall use the uniform standards for substance-abusing licensees as provided in Section 1399.131.1, without deviation, for each individual determined to be a substance-abusing licensee.(c) Notwithstanding the disciplinary guidelines, any proposed decision issued in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that contains any finding of fact that the licensee engaged in any act of sexual contact, as defined in subdivision (c) of Section 729 of the Code, with a patient, or any finding that the licensee has committed a sex offense or been convicted of a sex offense, shall contain an order revoking the license. The proposed decision shall not contain any order staying the revocation of the license.(d) As used in this section, the term "sex offense" shall mean any of the following: (1) Any offense for which registration is required by Section 290 of the Penal Code or a finding that a person committed such an act.(2) Any offense defined in Section 261.5, 313.1, 647 b, 243.4 (a)-(d), or 647 subsections (a) or (d) of the Penal Code or a finding that a person committed such an act.(3) Any attempt to commit any of the offenses specified in this section.(4) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.Cal. Code Regs. Tit. 16, § 1399.131
1. New section filed 6-17-98; operative 7-17-98 (Register 98, No. 25). For prior history, see Register 83, No. 19.
2. Change without regulatory effect amending section filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).
3. Amendment of section and NOTE filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
4. Amendment of section heading, section and NOTE filed 2-13-2023; operative 4-1-2023 (Register 2023, No. 7). Note: Authority cited: Sections 315, 315.2, 315.4 and 2531.95, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code. Reference: Sections 315, 315.2, 315.4, 475, 480, 2533, 2533.1, 2533.2 and 2538.40, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.
1. New section filed 6-17-98; operative 7-17-98 (Register 98, No. 25). For prior history, see Register 83, No. 19.
2. Change without regulatory effect amending section filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).
3. Amendment of section and Note filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
4. Amendment of section heading, section and NOTE filed 2-13-2023; operative 4/1/2023 (Register 2023, No. 7).