1. (a) For the purpose of denial, suspension, or revocation of the registration of a dispensing optician pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section 2555.1 of the code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions, and duties of a dispensing optician if, to a substantial degree, it evidences present or potential unfitness of a dispensing optician to perform the functions authorized by the registration in a manner consistent with the public health, safety, or welfare.

2. (b) In making the substantial relationship determination required under subdivision (a) for a crime, the Board shall consider the following criteria:

   1. (1) The nature and gravity of the offense;
   2. (2) The number of years elapsed since the date of the offense; and
   3. (3) The nature and duties of the registration type sought or held by the person.

3. (c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following:

   1. (1) Any violation of the provisions of Article 6, Chapter 1, Division 2 of the code relating to dispensing opticians.
   2. (2) Any violation of the provisions of Chapter 5.4, Division 2 of the code.
   3. (3) Any violation of the provisions of Chapter 5.5, Division 2, of the code.
   4. (4) Any act involving theft, dishonesty, fraud, or deceit.
   5. (5) Any act involving assaultive or abusive conduct as defined in Penal Code section 11160(d).
   6. (6) Any act involving sexual misconduct as defined in Business and Professions Code section 726(a).

Note: Authority cited: Sections 481 and 2558, Business and Professions Code. Reference: Sections 141, 480, 481, 488, 490, 493 and 726, Business and Professions Code; and Section 11160, Penal Code.

History

1. Amendment of section and Note filed 2-25-2021; operative 2-25-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 9). (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.)