1. (a) For the purposes of denial, suspension, or revocation of a license pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section 2878 of the Business and Professions Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a licensed vocational nurse if to a substantial degree it evidences present or potential unfitness of a licensed vocational nurse to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.

2. (b) In making the substantial relationship determination required under subsection (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.
   3. (3) The nature and duties of a licensed vocational nurse.

3. (c) For the purposes of subsection (a), a substantially related crime, professional misconduct or act shall include the following:

   1. (1) Procuring a license by fraud, misrepresentation, or mistake.
   2. (2) A conviction of practicing medicine without a license in violation of Division 2, Chapter 5 (commencing with Section 2000) of the Business and Professions Code.
   3. (3) 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 Division 2, Chapter 6.5, Article 1 (commencing with Section 2840) of the Business and Professions Code.
   4. (4) Aiding or assisting, or agreeing to aid or assist any person or persons, whether a licensed physician or not, in the performance of or arranging for a violation of any of the provisions of Division 2, Chapter 5, Article 12, (commencing with Section 2220) of the Business and Professions Code.
   5. (5) Conviction of a crime or act involving theft, fiscal dishonesty, fraud or deceit.
   6. (6) Any conviction for a crime 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.
   7. (7) Conviction for a crime or act involving child, dependent adult, or elder abuse.
   8. (8) Conviction of sex offenses requiring a person to register as a sex offender pursuant to Section 290 of the Penal Code.
   9. (9) Conviction for a crime or act involving assault, battery, or other violence including, but not limited to, those violations listed in subsection (d) of Penal Code Section 11160.
   10. (10) Conviction for a crime or act involving lewd conduct or sexual misconduct as defined in Business and Professions Code Section 726.
   11. (11) Conviction for a crime or act involving the use of drugs or alcohol to an extent or in a manner dangerous to the individual or the public.
   12. (12) Conviction for a crime or act involving harassment, trespassing, or stalking.
   13. (13) Failure to comply with any mandatory reporting requirements related to any of the forgoing convictions or the denial, suspension, or revocation of a license by the Board.

Note: Authority cited: Sections 481 and 2854, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 2875, 2876, 2878, 2878.5 and 2878.6, Business and Professions Code.

History

1. New section filed 4-1-75; effective thirtieth day thereafter (Register 75, No. 14).

2. Renumbering from Section 2536 filed 9-2-75; effective thirtieth day thereafter (Register 75, No. 36).

3. Amendment of subsection (f) filed 5-31-2000; operative 6-30-2000 (Register 2000, No. 22).

4. Amendment of section and Note filed 4-1-2022; operative 4-1-2022 pursuant to Government Code section 11353.4(b)(3) (Register 2022, No. 13). 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.