California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.9 - Podiatric Medical Board of California
Article 9 - Information Disclosure
Section 1399.702 - Standard Terminology Describing Different Types of Disciplinary Actions Listed in Subdivision (a) of Section 803.1 of the Business and Professions Code

Universal Citation: 16 CA Code of Regs 1399.702

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

(a) Temporary Restraining Order

A temporary restraining order is a procedural device which State agencies can seek to prevent violations of the law or to suspend a license before formal disciplinary action is taken. It is also used to preserve the status quo or prevent the occurrence of irreparable injury pending further judicial or administrative proceedings. Such an order can only be issued by a court. Except in very severe emergency situations, the agency must give the licensee notice in order that he or she can be heard by the court.

(b) Interim Suspension Order

Interim suspension orders may be issued by administrative law judges following an application by the Board when it appears that continued practice by a doctor of podiatric medicine would endanger the public health, safety, or welfare. The doctor of podiatric medicine is entitled to advance notice of such proceedings unless there is a showing that serious injury will result to the public before a hearing can be held. If an interim suspension order is issued, an accusation must be filed by the Board, a hearing conducted, and a decision issued by the administrative law judge on a very accelerated time frame. If these deadlines are not met, the interim suspension order is dissolved by operation of law.

(c) Revocations, suspensions, probations, or limitations on practice ordered by the Board

These penalties may be imposed by the Board, but only after the doctor of podiatric medicine is notified of such proposed action and given an opportunity to be heard before an independent administrative law judge. The most severe penalty is revocation of the license to practice. Lesser penalties include a specified period of probation including the imposition of limitations on the manner or type of practice by the doctor of podiatric medicine.

(d) Public Letters of Reprimand

Public letters of reprimand or reproval may be issued by the Board for any act that would constitute grounds to suspend or revoke the license of a doctor of podiatric medicine. Letters of reprimand shall be purged from the file of the doctor of podiatric medicine five (5) years after they are issued.

(e) Infractions, citations or fines

A citation is issued by the Board for violations of specified provisions of law found in the Business and Professions Code. The citation may contain an order to stop performing some activity (order of abatement) and/or levy a fine. Any doctor of podiatric medicine served with a citation has a right to a hearing before an independent administrative law judge.

1. New section filed 4-15-2004; operative 5-15-2004 (Register 2004, No. 16).

Note: Authority cited: Section 803.1, Business and Professions Code. Reference: Section 803.1, Business and Professions Code.

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