California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.9 - Podiatric Medical Board of California
Article 1 - General Provisions
Section 1399.659.1 - Substantial Relationship Criteria

Universal Citation: 16 CA Code of Regs 1399.659.1

Current through Register 2024 Notice Reg. No. 12, March 22, 2024

(a) For the purposes of denial, suspension, or revocation of a certificate pursuant to Section 141 or Division 1.5 (commencing with Section 475) or subdivision (e) of Section 2234 of the code, a crime, unprofessional conduct, or act shall be considered to be substantially related to the qualifications, functions, or duties of a person holding a certificate under Article 22 of Chapter 5 of Division 2 of the code if to a substantial degree it evidences present or potential unfitness of a person holding a certificate to perform the functions authorized by the certificate in a manner consistent with the public health, safety, or welfare.

(b) In making the substantial relationship determination required under subsection (a) for a crime, the board shall consider the following criteria:

(1) The nature and gravity of the offense;

(2) The number of years elapsed since the date of the offense;

(3) The nature and duties of the profession in which the applicant seeks licensure or in which the licensee is licensed.

(c) For purposes of subdivision (a), substantially related crimes, unprofessional conduct, or acts shall include, but are not limited to, the following:

(1) 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 Articles 12, 22, and 25 of Chapter 5 of Division 2 of the code or other state or federal laws governing the practice of podiatric medicine.

1. New section filed 8-25-2021; operative 8-25-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 35). 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.

Note: Authority cited: Sections 481 and 2470, Business and Professions Code. Reference: Sections 141, 480, 481, 488, 490, 493, 2222, 2234, 2460.1 and 2486, Business and Professions Code.

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