California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 38 - Department of Consumer Affairs
Chapter 6 - Telephone Medical Advice
Article 2 - Applications
Section 4013 - Criteria for Rehabilitation

Universal Citation: 16 CA Code of Regs 4013

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

(a) The Bureau shall evaluate the rehabilitation of the applicant, or registrant, or petitioner and her or his present eligibility for a registration under the following circumstances:

(1) When considering the denial of an applicant for registration under the provisions of Section 480 of the Code.

(2) When considering the suspension or revocation of a registration on the grounds that a registrant has been convicted of a crime.

(3) When considering a petition for reinstatement of a registration under the provisions of Section 11522 of the Government Code.

(b) In evaluating the rehabilitation of the applicant, registrant, or petitioner, the Bureau shall consider the following criteria:

(1) The nature and severity of the act(s) or crime(s) under consideration.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial that also could be considered as grounds for denial under Section 480 of the Code when considering an applicant pursuant to subsection (a)(1) of this section.

(3) The total criminal record when considering an applicant, registrant, or petitioner pursuant to subsections (a)(1), (a)(2), and (a)(3) of this section.

(4) The time that has elapsed since commission of the act(s) or crime(s) under consideration.

(5) The extent to which the applicant, registrant, or petitioner has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant, registrant, or petitioner.

(6) Evidence, if any, of rehabilitation submitted by the applicant, registrant, or petitioner. Such evidence may include, but is not limited to, proof of additional training or education, or evidence of service to the community.

1. New section filed 9-21-2000 as an emergency; operative 9-21-2000. Pursuant to Business and Professions Code section 4999.9, a Certificate of Compliance must be transmitted to OAL by 3-20-2001 or emergency language will be repealed by operation of law on the following day. Submitted to OAL for printing only (Register 2000, No. 38).
2. Editorial correction of HISTORY 1 (Register 2001, No. 10).
3. New section refiled 3-19-2001 as an emergency; operative 3-19-2001 (Register 2001, No. 12). A Certificate of Compliance must be transmitted to OAL by 7-17-2001 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-19-2001 order, including amendment of subsections (a) and (b), transmitted to OAL 7-16-2001 and filed 8-24-2001 (Register 2001, No. 34).

Note: Authority cited: Section 4999.6, Business and Professions Code. Reference: Section 482, Business and Professions Code.

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