Cal. Code Regs. tit. 16 § 2579.10

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2579.10 - Disciplinary Guidelines and Uniform Standards Regarding Substance-Abusing Licensees

In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.) the Board shall utilize the disciplinary guidelines entitled "Disciplinary Guidelines and Uniform Standards Regarding Substance-Abusing Licensees" (Rev. 10/01/2024), 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 subsection (b), deviation from the Disciplinary Guidelines, including the standard conditions 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 or aggravating factors; the age of the case; evidentiary problems.

(b) If the conduct found to be a violation involves the use of drugs and/or alcohol, the licensee shall be presumed to be a substance abusing licensee for purposes of Section 315 of the Business and Professions Code. If the licensee does not rebut that presumption, then the Uniform Standards for a substance abusing licensee shall apply.

(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 Business and Professions Code, with a patient, or has committed an act or been convicted of a sex offense as defined in Section 44010 of the Education code, shall contain an order revoking the license. The proposed decision shall not contain an order staying the revocation of the license.

Cal. Code Regs. Tit. 16, § 2579.10

Note: Authority cited: Section 4504, Business and Professions Code; and Section 11425.50(e), Government Code. Reference: Sections 315, 315.2, 315.4, 729, 4520 and 4521, Business and Professions Code; Section 44010, Education Code; and Sections 11400.20, 11425.50(e) and 11500, Government Code.

1. New section filed 10-23-96; operative 11-22-96 (Register 96, No. 43).
2. Amendment filed 5-31-2000; operative 6-30-2000 (Register 2000, No. 22).
3. Amendment filed 9-29-2008; operative 10-29-2008 (Register 2008, No. 40).
4. Amendment of section heading, section and Note filed 11-29-2012; operative 12-29-2012 (Register 2012, No. 48).
5. Amendment of section heading and first paragraph filed 8-14-2024; operative 10/1/2024 (Register 2024, No. 33).