Cal. Code Regs. tit. 16 § 1575

Current through Register 2025 Notice Reg. No. 2, January 10, 2025

Section 1575 - Uniform Standards Related to Substance Abuse and Disciplinary Guidelines

In reaching a decision on a disciplinary action under the Administrative Procedures Act (Government Code Section 11400 et seq.), the Board of Optometry shall comply with the "Uniform Standards Related to Substance Abuse" (Uniform Standards) and consider the "Disciplinary Guidelines" (DG-4, 5-2012) which are hereby incorporated by reference. The Disciplinary Guidelines apply to all disciplinary matters; the Uniform Standards apply to a substance-abusing licensee.

(a) Subject to subdivision (b), deviation from the Disciplinary Guidelines, 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) If the conduct found to be a violation involves drugs and/or alcohol, the licensee shall be presumed to be a substance-abusing licensee for purposes of Section 315 of the Code. If the licensee does not rebut that presumption, then the Uniform Standards for a substance-abusing licensee shall apply.

Cal. Code Regs. Tit. 16, § 1575

1. New article 12 (section 1575) and section filed 7-30-97; operative 7-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 31).
2. Amendment of "Disciplinary Guidelines and Model Disciplinary Orders" (incorporated by reference) and amendment of section filed 4-25-2001; operative 5-25-2001 (Register 2001, No. 17).
3. Amendment of section heading, section and NOTE filed 2-27-2013; operative 4-1-2013 (Register 2013, No. 9).

Note: Authority cited: Sections 3025 and 3090, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2, 315.4, 480, 3090, 3091 and 3110, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

1. New article 12 (section 1575) and section filed 7-30-97; operative 7-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 31).
2. Amendment of "Disciplinary Guidelines and Model Disciplinary Orders" (incorporated by reference) and amendment of section filed 4-25-2001; operative 5-25-2001 (Register 2001, No. 17).
3. Amendment of section heading, section and Note filed 2-27-2013; operative 4-1-2013 (Register 2013, No. 9).