1. (a) In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the Board shall consider the “Guidelines for Issuing Citations and Imposing Discipline”, (Revised April, 2022, 7^th Edition; hereafter, “Guidelines”) which are hereby incorporated by reference. Subject to paragraph (c), deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Board, in its sole discretion, determines that the facts warrant such a deviation--for example: The presence of mitigating or aggravating factors; the age of the case; evidentiary problems.

2. (b) Notwithstanding the 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 Code, with a patient, or any finding that the licensee has committed a sex offense or been convicted of a sex offense, shall contain an order revoking the license. The proposed decision shall not contain an order staying the revocation of the license.

   1. (1) Any offense for which registration is required by Section 290 of the Penal Code or a finding that a person committed such an offense.
   2. (2) Any offense defined in Sections 261.5, 313.1, 647, subdivisions (a) or (d), or 647(b) of the Penal Code or a finding that a person committed such an offense.
   3. (3) Any attempt to commit any of the offenses specified in this section.
   4. (4) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would be punishable as one or more of the offenses specified in this section.

   As used in this section, the term “sex offense” shall mean any of the following:

3. (c) If the conduct found to be a violation involves drugs, alcohol, or both, and the individual is permitted to practice under conditions of probation, a clinical diagnostic evaluation shall be ordered as a condition of probation in every case, without deviation.

   1. (1) Each of the “Conditions Applying the Uniform Standards,” as set forth in the Guidelines, shall be included in any order subject to this subsection, but may be imposed contingent upon the outcome of the clinical diagnostic evaluation.
   2. (2) The Substance Abuse Coordination Committee's “Uniform Standards Regarding Substance-Abusing Healing Arts Licensees” (Revised March 2019; hereafter, “Uniform Standards”), which are hereby incorporated by reference, shall be used in applying the probationary conditions imposed pursuant to this subsection.
4. (d) Nothing in this section shall prohibit the Board from imposing additional terms or conditions of probation in any order that the Board determines would provide greater public protection.

Note: Authority cited: Section 2615, Business and Professions Code. Reference: Sections 315, 315.2, 315.4, 2660, 2660.1, 2660.2, 2661 and 2661.5, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

History

1. New section filed 6-25-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 26).

2. Amendment of section heading, section and Note filed 8-25-2005; operative 9-24-2005 (Register 2005, No. 34).

3. Amendment of section and document “Model Guidelines for Issuing Citations and Imposing Discipline” (incorporated by reference) filed 8-5-2009; operative 9-4-2009 (Register 2009, No. 32).

4. Amendment of section and Note filed 1-22-2013; operative 4-1-2013 (Register 2013, No. 4).

5. Amendment of section and Note filed 7-30-2014; operative 10-1-2014 (Register 2014, No. 31).

6. Change without regulatory effect relocating and amending article 8 heading from preceding section 1399.20 to preceding section 1399.15 filed 9-21-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 39).

7. Amendment of the “Guidelines for Issuing Citations and Imposing Discipline” (incorporated by reference), amendment of subsections (a), (b)(2) and (c)(2) and amendment of Note filed 1-28-2022; operative 4-1-2022 (Register 2022, No. 4).

8. Change without regulatory effect amending the “Guidelines for Issuing Citations and Imposing Discipline” (incorporated by reference) and amending subsections (a) and (b)(2) filed 5-23-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 21).