Statutes, codes, and regulations
California Code Of Regulations
Title 16 - Professional and Vocational RegulationsDivision 13 - Medical Board of CaliforniaChapter 2 - Enforcement
Article 4 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees
Section 1361 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees

Cal. Code Regs. tit. 16 § 1361

Download
PDF
Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1361 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees
(a) In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code section 11400 et seq.), the Medical Board of California shall consider the disciplinary guidelines entitled "Manual of Model Disciplinary Orders and Disciplinary Guidelines" (12th Edition/2016) which are hereby incorporated by reference. Deviation from these orders and guidelines, including the standard terms of probation, is appropriate where the Board in its sole discretion determines by adoption of a proposed decision or stipulation that the facts of the particular case warrant such a deviation -- for example: the presence of mitigating factors; the age of the case; evidentiary problems.
(b) Notwithstanding subsection (a), the Board shall use the Uniform Standards for Substance-Abusing Licensees as provided in section 1361.5, without deviation, for each individual determined to be a substance-abusing licensee.
(c) Nothing in this section or section 1361.5 shall be construed as a limitation on the Board's authority to seek an interim suspension order against a licensee pursuant to section 11529 of the Government Code.

Cal. Code Regs. Tit. 16, § 1361

1. Amendment of article heading and new section filed 5-1-97; operative 5-31-97 (Register 97, No. 18). For prior history, see Register 95, No. 33.
2. Amendment filed 1-27-2000; operative 2-26-2000 (Register 2000, No. 4).
3. Amendment of section and NOTE filed 9-29-2003; operative 10-29-2003 (Register 2003, No. 40).
4. Amendment filed 8-15-2008; operative 9-14-2008 (Register 2008, No. 33).
5. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
6. Amendment of article heading, section heading, section and NOTE filed 3-25-2015; operative 7-1-2015 (Register 2015, No. 13).
7. Amendment of subsection (a) and NOTE filed 1-5-2017; operative 1-5-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 1).

Note: Authority cited: Sections 315, 315.2, 315.4 and 2018, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2, 315.4, 2227, 2228, 2229 and 2234, Business and Professions Code; and Sections 11400.20, 11425.50(e) and 11529, Government Code.

1. Amendment of article heading and new section filed 5-1-97; operative 5-31-97 (Register 97, No. 18). For prior history, see Register 95, No. 33.
2. Amendment filed 1-27-2000; operative 2-26-2000 (Register 2000, No. 4).
3. Amendment of section and Note filed 9-29-2003; operative 10-29-2003 (Register 2003, No. 40).
4. Amendment filed 8-15-2008; operative 9-14-2008 (Register 2008, No. 33).
5. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
6. Amendment of article heading, section heading, section and Note filed 3-25-2015; operative 7/1/2015 (Register 2015, No. 13).
7. Amendment of subsection (a) and Note filed 1-5-2017; operative 1/5/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 1).