Cal. Code Regs. tit. 16, § 1361.53
Request by a Substance-Abusing Licensee to Return to Practice.
Effective Jul 1, 2015Register 2015, No. 13Authority 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.State of California
- (a) A demonstration of sustained compliance with his or her current treatment or recovery program, as applicable;
- (b) A demonstration of the capability to practice medicine safely as evidenced by current worksite monitor reports (if currently being monitored), evaluations conducted by licensed health care practitioners, and any other information relating to the licensee's substance abuse and recovery therefrom; and
- (c) Negative biological fluid tests or biological fluid tests indicating that a licensee has not used, consumed, ingested, or administered to himself or herself a prohibited substance, as defined in section 1361.51(e), for at least six (6) months; two (2) positive worksite monitor reports (if currently being monitored); and complete compliance with other terms and conditions of probation.
Before determining whether to authorize the return to practice after the issuance of a cease-practice order or after the imposition of practice restrictions following a clinical diagnostic evaluation, the Board in conjunction with the evaluator shall ensure that the licensee meets the following criteria:
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).