1. (a) A licensee who does any of the following shall be deemed to have committed a major violation of his or her probation:

   1. (1) Fails to undergo a required clinical diagnostic evaluation;
   2. (2) Commits multiple minor violations of probation conditions and terms;
   3. (3) Treats a patient or patients while under the influence of a prohibited substance;
   4. (4) Engage in any drug or alcohol related act that is a violation of state or federal law or regulation;
   5. (5) Fails to undergo biological fluid testing when ordered;
   6. (6) Uses, consumes, ingests, or administers to himself or herself a prohibited substance;
   7. (7) Knowingly uses, makes, alters, or possesses any object or product in such a way as to defraud or attempt to defraud a biological fluid test designed to detect the presence of a prohibited substance; or
   8. (8) Fails to comply with any term or condition of his or her probation that impairs public safety.

2. (b) If a licensee commits a major violation, the Board will take one or more of the following actions:

   1. (1) Issue an immediate cease-practice order and order the licensee to undergo a clinical diagnostic evaluation at the expense of the licensee. Any order issued by the Board pursuant to this subsection shall state that the licensee must test negative for at least a month of continuous biological fluid testing before being allowed to resume practice.
   2. (2) Increase the frequency of biological fluid testing.
   3. (3) Refer the licensee for further disciplinary action, such as suspension, revocation, or other action as determined by the Board.

3. (c) A licensee who does any of the following shall be deemed to have committed a minor violation of his or her probation:

   1. (1) Fails to submit required documentation to the Board in a timely manner;
   2. (2) Has an unexcused absence at a required meeting;
   3. (3) Fails to contact a worksite monitor as required; or
   4. (4) Fails to comply with any term or condition of his or her probation that does not impair public safety.

4. (d) If a licensee commits a minor violation, the Board will take one or more of the following actions:

   1. (1) Issue a cease-practice order;
   2. (2) Order practice limitations;
   3. (3) Order or increase supervision of licensee;
   4. (4) Order increased documentation;
   5. (5) Issue a citation and fine, or a warning letter;
   6. (6) Order the licensee to undergo a clinical diagnostic evaluation at the expense of the licensee;
   7. (7) Take any other action as determined by the Board.
5. (e) Nothing in this section shall be considered a limitation on the Board's authority to revoke the probation of a licensee who has violated a term or condition of that probation.

Note: Authority cited: Sections 315, 315.2, 315.4 and 2018, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2, 315.4, 2227, 2228, 2229 and 2234, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

History

1. New section filed 3-25-2015; operative 7-1-2015 (Register 2015, No. 13).