Section 1137 - Rehabilitation Criteria for Suspensions and Revocations(a) When considering the suspension or revocation of a license issued by the Dental Hygiene Board of California (Board) under Section 490 of the Code on the ground that a person holding a license as a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions 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: (1) The nature and gravity of the crime(s) under consideration.(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the licensee's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(b) 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 the showing of rehabilitation based on the criteria in subdivision (a), 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 Sections 1949, 1950, 1952, 1955, or 1958.1 of the Code: (1) The nature and gravity of the act(s), disciplinary action(s), or crime(s) under consideration.(2) The total criminal record.(3) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).(4) Whether the licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the licensee.(5) The criteria in subdivision (a)(1) through (5), as applicable(6) If applicable, evidence of dismissal proceedings pursuant to section 1203.4 of the Penal Code.(7) Evidence, if any, of rehabilitation submitted by the licensee.Cal. Code Regs. Tit. 16, § 1137
1. New section filed 2-5-2021; operative 2-5-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 6). 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, 1905 and 1906, Business and Professions Code. Reference: Sections 481, 482, 488, 490, 493, 1949, 1950, 1952, 1955 and 1958.1, Business and Professions Code.
1. New section filed 2-5-2021; operative 2-5-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 6). 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.