Section 1360 - Substantial Relationship Criteria(a) For the purposes of denial, suspension or revocation of a license pursuant to Section 141 or Division 1.5 (commencing with Section 475) of the code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license if to a substantial degree it evidences present or potential unfitness of a person holding a license to perform the functions authorized by the license in a manner consistent with the public health, safety or welfare. Such crimes, professional misconduct, or acts shall include but not be limited to the following: Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision of state or federal law governing the applicant's or licensee's professional practice.(b) In making the substantial relationship determination required under subdivision (a) for a crime, the board shall consider the following criteria: (1) The nature and gravity of the crime;(2) The number of years elapsed since the date of the crime; and(3) The nature and duties of the profession.Cal. Code Regs. Tit. 16, § 1360
1. Amendment of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Amendment of section and NOTE filed 1-21-2021; operative 1-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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, 493 and 2018, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 490, 493, 2081, 2234, 2236, 2305, 3576 and 3576.3, Business and Professions Code.
1. Amendment of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Amendment of section and Note filed 1-21-2021; operative 1/21/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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.)