Section 316.5 - Substantial Relationship Criteria(a) For the purposes of the denial, suspension or revocation of a license pursuant to Section 141 of the Business and Professions Code, Division 1.5 (commencing with Section 475) of the Business and Professions Code, or a violation of Section 10(b) of the Chiropractic Initiative Act of California, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions or duties of a licensee, if, to a substantial degree, it evidences present or potential unfitness of a person holding a license to perform the functions authorized by the license in a manner consistent with the public health, safety or welfare.(b) In making the substantial relationship determination required under subdivision (a) for a crime, the Board shall consider all of the following criteria: (1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a chiropractor.(c) For purposes of subdivision (a), a substantially related crime, professional misconduct, or act shall include, but is not limited to, the following: (1) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of the Chiropractic Initiative Act of California, these regulations and/or other state or federal laws governing the practice of chiropractic.(2) Conviction of a crime or act of child abuse, as defined in Sections 270 through 273.75 of the Penal Code, or dependent adult or elder abuse.(3) A conviction requiring a person to register as a sex offender pursuant to Section 290 of the Penal Code.(4) Any crime, professional misconduct, or act involving the sale, gift, administration, or furnishing of narcotics or dangerous drugs or dangerous devices, as defined in Section 4022 of the Business and Professions Code.(5) Conviction for assault, battery or other violence including, but not limited to, those violations listed in subdivision (d) of Section 11160 of the Penal Code.(6) Conviction of a crime involving lewd conduct or sexual impropriety, as defined in Section 726 of the Business and Professions Code.(7) Conviction of a crime or act involving fiscal dishonesty, theft, fraud or deceit.(8) Conviction or act involving the use of drugs or alcohol to an extent or in a manner dangerous to the individual or the public.Cal. Code Regs. Tit. 16, § 316.5
1. New section filed 11-22-2021; operative 11-22-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 48). 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 4(b), 10(a) and 10(b), Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii; and Section 481, Business and Professions Code. Reference: Sections 141, 480, 481, 488, 490 and 493, Business and Professions Code.
1. New section filed 11-22-2021; operative 11/22/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 48). 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.