1. (a) For the purposes of denial, suspension, or revocation of a license or certificate pursuant to Section 141 or Division 1.5 (commencing with Section 475) of the Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license or certificate under the Naturopathic Doctors Act if to a substantial degree it evidences present or potential unfitness of a person holding such a license or certificate to perform the functions authorized by the license or certificate 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.
   3. (3) The nature and duties of a naturopathic doctor.

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 Article 6 of Chapter 1 of Division 2 of the Code.
   2. (2) Any violation of the provisions of Chapter 8.2 of Division 2 of the Code.

Note: Authority cited: Sections 481 and 3622, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493 and 3662, Business and Professions Code.

History

1. New article 9 (sections 4256-4260) and section filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be repealed by operation of law on the following day.

2. New article 9 (sections 4256-4260) section refiled 3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).

4. Amendment of section and Note filed 8-4-2021; operative 8-4-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 32). 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.

5. Change without regulatory effect amending subsection (b) filed 3-6-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 10).