1. (a) Authorization issued pursuant to sections 30313.07, 30313.09, 30313.15, 30313.20, or 30313.40 may, in accordance with subsection (b), be amended, restricted, suspended or revoked for any of the following:

   1. (1) The submission of false, incorrect or fraudulent information to obtain or renew authorization;
   2. (2) The impersonation of another authorized individual, or allowing another person to use one's own authorization, for the purpose of providing health physics or therapeutic medical physics services;
   3. (3) Unprofessional conduct, including, but not limited to, incompetence, gross negligence, physical, mental, or verbal abuse of patients, or misappropriation of property of patients or others;
   4. (4) The violation of, or the attempt to violate, any provision of the Radiologic Technology Act (RT Act) (Health and Safety Code section 27), the Radiation Control Law (RCL) (Health and Safety Code section 114960 et seq.) or any order of the Department;
   5. (5) The prevention of, or the attempt to impede in any way, any lawful enforcement of the RT Act or the RCL, the regulations adopted pursuant to those provisions, or any order of the Department;
   6. (6) Conviction of a crime substantially related to the qualifications and duties of a TCP or a TSP;
   7. (7) Failure to take corrective action as directed by the Department;
   8. (8) Suspension or revocation of certification or authorization by any entity specified in sections 30313.05(a) or 30313.10(a); or
   9. (9) Failure to pay fees.

2. (b) In determining whether, in a given case, to take an action specified in subsection (a), the Department shall consider the following factors, as applicable:

   1. (1) Nature and severity of the act(s), offense(s), or crime(s) under consideration;
   2. (2) Actual or potential harm to the public;
   3. (3) Actual or potential harm to any patient;
   4. (4) Prior disciplinary record;
   5. (5) Number or variety of violations;
   6. (6) Mitigation evidence;
   7. (7) Aggravating evidence;
   8. (8) Rehabilitation evidence;
   9. (9) In case of a criminal conviction, compliance with conditions of sentence and court-ordered probation;
   10. (10) Criminal record;
   11. (11) Time passed since the act(s) or offense(s) occurred; and
   12. (12) Evidence of expungement proceedings pursuant to Penal Code section 1203.4.

Note: Authority cited: Sections 114975, 115000 and 131200, Health and Safety Code. Reference: Sections 115060, 131050, 131051 and 131052, Health and Safety Code.

History

1. New section filed 5-13-2020; operative 10-1-2020 pursuant to Government Code section 11343.4(b)(2) (Register 2020, No. 20).