California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.9 - Podiatric Medical Board of California
Article 1 - General Provisions
Section 1399.659.2 - Criteria for Rehabilitation

Universal Citation: 16 CA Code of Regs 1399.659.2

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

(a) Denial of a license.

(1) When considering the denial of a certificate under Section 480 of the code on the ground that the applicant has been convicted of a crime, the board shall consider whether the applicant made a showing of rehabilitation, if the applicant completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the board shall consider the following criteria:
(A) The nature and gravity of the crime(s).

(B) The length(s) of the applicable parole or probation period(s).

(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.

(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.

(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.

(2) If the applicant has not completed the criminal sentence at issue without a violation of probation, the board determines that the applicant did not make the showing of rehabilitation based on the criteria in subsection (a)(1), the denial is based on unprofessional conduct, or the denial is based on one or more grounds specified in Sections 2221, 2222, 2236, 2237, 2239, 2479, 2486, 2488, or 2497 of the code, the board shall apply the following criteria in evaluating an applicant's rehabilitation:
(A) The nature and gravity of the act(s), unprofessional conduct, or crime(s) under consideration as grounds for denial.

(B) Evidence of any act(s), unprofessional conduct, or crime(s) committed subsequent to the act(s), unprofessional conduct, or crime(s) under consideration as grounds for denial.

(C) The time that has elapsed since commission of the act(s), unprofessional conduct, or crime(s) referred to in paragraph (A) or (B).

(D) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.

(E) The criteria in subsection (a)(1)(A) through (a)(1)(E), as applicable.

(F) Evidence, if any, of rehabilitation submitted by the applicant.

(b) Suspension or revocation of a certificate.

(1) When considering the suspension or revocation of a certificate under Section 490 of the code on the ground that a person holding a certificate under Article 22 of Chapter 5 of Division 2 of the code has been convicted of a crime, the board shall consider whether the licensee made a showing of rehabilitation, if the licensee completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the board shall consider the following criteria:
(A) The nature and gravity of the crime(s).

(B) The length(s) of the applicable parole or probation period(s).

(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.

(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.

(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.

(2) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the licensee did not make a showing of rehabilitation based on the criteria in subsection (b)(1), the suspension or revocation is based on a disciplinary action as described in Section 141 of the code, or the suspension or revocation is based on one or more of the grounds specified in Article 12, Chapter 5, Division 2 of the code and Section 2497 of the code, the board shall apply the following criteria in evaluating the licensee's rehabilitation:
(A) Nature and gravity of the act(s), disciplinary action(s), or crime(s).

(B) Total criminal record.

(C) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).

(D) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee.

(E) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.

(F) Evidence, if any, of rehabilitation submitted by the licensee.

(c) When considering a petition for reinstatement of a certificate under the provisions of Section 2222 of the code, the board shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in subsection (a) of this section.

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, 482 and 2470, Business and Professions Code. Reference: Sections 481, 482, 488, 490, 493, 2221, 2222, 2227, 2229, 2236.1, 2237, 2239, 2307, 2460.1, 2479, 2486, 2488, 2497 and Article 12, Chapter 5, Division 2, Business and Professions Code.

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