California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.2 - Physical Therapy Board of California
Article 8 - Enforcement Actions, Discipline and Reinstatement of License
Section 1399.15 - Guidelines for Issuing Citations and Imposing Discipline
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(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, 7th 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.
(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.
As used in this section, the term "sex offense" shall mean any of the following:
(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.
(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.
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).
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.