Statutes, codes, and regulations
California Code Of Regulations
Title 16 - Professional and Vocational RegulationsDivision 13.4 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs
Article 6 - Disciplinary Guidelines
Section 1399.155 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees

Cal. Code Regs. tit. 16 § 1399.155

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Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 1399.155 - 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 (Section 11400 et seq. of the Government Code) the Board shall consider the disciplinary guidelines entitled "Disciplinary Guidelines July 16, 2004" which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Board, in its sole discretion, determines that the facts of the particular case warrant such a deviation--for example: the presence of mitigating factors; the age of the case and evidentiary problems.
(b) Notwithstanding subsection (a), the Board shall use the uniform standards for substance-abusing licensees as provided in Section 1399.155.1, without deviation, for each individual determined to be a substance-abusing licensee.
(c) Notwithstanding the disciplinary guidelines, any proposed decision issued in accordance with the procedures set forth in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that contains any finding of fact that the licensee engaged in any act of sexual contact, as defined in subdivision (c) of Section 729 of the Code, with a patient, or any finding that the licensee has committed a sex offense or been convicted of a sex offense, shall contain an order revoking the license. The proposed decision shall not contain any order staying the revocation of the license.
(d) As used in this section, the term "sex offense" shall mean any of the following:
(1) Any offense for which registration is required by Section 290 of the Penal Code or a finding that a person committed such an act.
(2) Any offense defined in Section 261.5, 313.1, 647 b, 243.4 (a)-(d), or 647 subsections (a) or (d) of the Penal Code or a finding that a person committed such an act.
(3) Any attempt to commit any of the offenses specified in this section.
(4) Any offense committed or attempted in any other state or against the laws of the United States which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.

Cal. Code Regs. Tit. 16, § 1399.155

1. Amendment filed 8-19-76; effective thirtieth day thereafter (Register 76, No. 34).
2. Repealer of former section 1399.155, and renumbering and amendment of former section 1399.156 to section 1399.155 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Renumbering of section 1399.155 to section 1399.154(d) filed 11-23-83; effective thirtieth day thereafter (Register 83, No. 48).
4. New section filed 1-9-84; effective thirtieth day thereafter (Register 84, No. 2).
5. Change without regulatory effect amending subsections (a), (a)(1), (a)(2) and (a)(3) filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 8).
6. Change without regulatory effect amending subsections (a)(1)-(3), (b)(1)-(3) and (c)(1)-(3) filed 4-27-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 18).
7. New subsections (d)-(d)(2) and amendment of NOTE filed 4-7-99 as an emergency; operative 4-7-99 (Register 99, No. 7). A Certificate of Compliance must be transmitted to OAL by 8-5-99 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-7-99 order transmitted to OAL 8-4-99 and filed 9-2-99 (Register 99, No. 36).
9. Change without regulatory effect renumbering former section 1399.155 to section 1399.151.1 and renumbering former section 1399.178 to section 1399.155 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).
10. Amendment of section and NOTE filed 4-21-2005; operative 5-21-2005 (Register 2005, No. 16).
11. Amendment of section and NOTE filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
12. Change without regulatory effect amending first paragraph filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
13. Amendment of section heading, section and NOTE filed 2-13-2023; operative 4-1-2023 (Register 2023, No. 7).

Note: Authority cited: Sections 315, 315.2, 315.4 and 2531.95, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code. Reference: Sections 315, 315.2, 315.4, 2533, 2533.1 and 2533.2, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

1. Amendment filed 8-19-76; effective thirtieth day thereafter (Register 76, No. 34).
2. Repealer of former section 1399.155, and renumbering and amendment of former section 1399.156 to section 1399.155 filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Renumbering of section 1399.155 to section 1399.154(d) filed 11-23-83; effective thirtieth day thereafter (Register 83, No. 48).
4. New section filed 1-9-84; effective thirtieth day thereafter (Register 84, No. 2).
5. Change without regulatory effect amending subsections (a), (a)(1), (a)(2) and (a)(3) filed 11-1-91 pursuant to section 100, title 1, California Code of Regulations (Register 92, No. 8).
6. Change without regulatory effect amending subsections (a)(1)-(3), (b)(1)-(3) and (c)(1)-(3) filed 4-27-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 18).
7. New subsections (d)-(d)(2) and amendment of Note filed 4-7-99 as an emergency; operative 4-7-99 (Register 99, No. 7). A Certificate of Compliance must be transmitted to OAL by 8-5-99 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 4-7-99 order transmitted to OAL 8-4-99 and filed 9-2-99 (Register 99, No. 36).
9. Change without regulatory effect renumbering former section 1399.155 to section 1399.151.1 and renumbering former section 1399.178 to section 1399.155 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).
10. Amendment of section and Note filed 4-21-2005; operative 5-21-2005 (Register 2005, No. 16).
11. Amendment of section and Note filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
12. Change without regulatory effect amending first paragraph filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
13. Amendment of section heading, section and NOTE filed 2-13-2023; operative 4/1/2023 (Register 2023, No. 7).