California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs
Article 6 - Disciplinary Guidelines
Section 1399.155 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees
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 (Section 11400 et seq. of the Government Code) the Board shall consider the disciplinary guidelines entitled "Disciplinary Guidelines July 16, 2004" which are hereby incorporated by reference. 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 of the particular case warrant such a deviation--for example: the presence of mitigating factors; the age of the case and evidentiary problems.
(b) Notwithstanding subsection (a), the Board shall use the uniform standards for substance-abusing licensees as provided in Section 1399.155.1, without deviation, for each individual determined to be a substance-abusing licensee.
(c) Notwithstanding the disciplinary 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 any order staying the revocation of the license.
(d) As used in this section, the term "sex offense" shall mean any of the following:
1. Amendment
filed 8-19-76; effective thirtieth day thereafter (Register 76, No.
34).
2. Repealer of former section
1399.155, and renumbering and
amendment of former section
1399.156 to section
1399.155 filed 8-9-83; effective
thirtieth day thereafter (Register 83, No. 33).
3. Renumbering of
section 1399.155 to section
1399.154(d) filed
11-23-83; effective thirtieth day thereafter (Register 83, No.
48).
4. New section filed 1-9-84; effective thirtieth day thereafter
(Register 84, No. 2).
5. Change without regulatory effect amending
subsections (a), (a)(1), (a)(2) and (a)(3) filed 11-1-91 pursuant to section
100, title 1, California Code of
Regulations (Register 92, No. 8).
6. Change without regulatory
effect amending subsections (a)(1)-(3), (b)(1)-(3) and (c)(1)-(3) filed 4-27-98
pursuant to section
100, title 1, California Code of
Regulations (Register 98, No. 18).
7. New subsections (d)-(d)(2) and
amendment of NOTE filed 4-7-99 as an emergency; operative 4-7-99 (Register 99,
No. 7). A Certificate of Compliance must be transmitted to OAL by 8-5-99 or
emergency language will be repealed by operation of law on the following
day.
8. Certificate of Compliance as to 4-7-99 order transmitted to
OAL 8-4-99 and filed 9-2-99 (Register 99, No. 36).
9. Change without
regulatory effect renumbering former section
1399.155 to section
1399.151.1 and renumbering former
section 1399.178 to section
1399.155 filed 12-6-99 pursuant to
section 100, title 1, California Code of
Regulations (Register 99, No. 50).
10. Amendment of section and NOTE
filed 4-21-2005; operative 5-21-2005 (Register 2005, No. 16).
11.
Amendment of section and NOTE filed 3-14-2013; operative 7-1-2013 (Register
2013, No. 11).
12. Change without regulatory effect amending first
paragraph filed 10-28-2015 pursuant to section
100, title 1, California Code of
Regulations (Register 2015, No. 44).
13. Amendment of section
heading, section and NOTE filed 2-13-2023; operative 4-1-2023 (Register 2023,
No. 7).
Note: Authority cited: Sections 315, 315.2, 315.4 and 2531.95, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code. Reference: Sections 315, 315.2, 315.4, 2533, 2533.1 and 2533.2, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.