Cal. Code Regs. tit. 16 § 1138
In reaching a decision on a disciplinary action under the Administrative Procedure Act (Section 11400 et seq. of the Government Code) the Dental Hygiene Board shall comply with the "Uniform Standards Related to Substance Abuse and Disciplinary Guidelines" dated April 2012 that are hereby incorporated by reference. Deviation from the Disciplinary Guidelines, including the standard terms of probation, is appropriate where the Dental Hygiene Board, in its sole discretion, determines that the facts of the particular case warrant such a deviation. However, neither the Dental Hygiene Board nor an administrative law judge may impose any conditions or terms of probation that are less restrictive than the Uniform Standards Related to Substance Abuse. The Disciplinary Guidelines apply to all disciplinary matters; the Uniform Standards describe the consequences that apply to a substance abusing licensee. If a licensee has not been identified as a substance abusing licensee, for example, through stipulation, in a case involving drugs or alcohol, a clinical diagnostic evaluation shall be ordered and the remaining provisions of the uniform standards may be made contingent at the discretion of the Dental Hygiene Board (DHBC) upon a clinical diagnostic evaluator's report that the licensee has a substance abuse problem. The clinical diagnostic evaluation report shall be submitted in its entirety to the Dental Hygiene Board.
Cal. Code Regs. Tit. 16, § 1138
2. Relocation of article 10 heading from section 1138 to new section 1135 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.
3. Change without regulatory effect amending section filed 5-10-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 19).
Note: Authority cited: Sections 315, 315.4, 1905 and 1906, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2, 315.4, 1947, 1949, 1950 and 1950.5, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.
2. Relocation of article 10 heading from section 1138 to new section 1135 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.
3. Change without regulatory effect amending section filed 5-10-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 19).