Section 1399.370 - 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 B&P, Sections 3750, 3750.5, and 3755 of the B&P, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a respiratory care practitioner, if it evidences present or potential unfitness of a licensee to perform the functions authorized by his or her license or in a manner inconsistent with the public health, safety, or welfare.(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 offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of the profession in which the applicant seeks licensure, or in which the licensee is licensed.(c) For purposes of subdivision (a), substantially related crimes, professional misconduct or acts include but are not limited to those involving the following: (1) Violating or attempting to violate, directly or indirectly, or assisting or abetting the violation of or conspiring to violate any provision or term of the B&P.(2) Commission of an act or conviction of a crime involving fraud, fiscal dishonesty theft, or larceny.(3) Commission of an act or conviction of a crime involving driving under the influence or reckless driving while under the influence.(4) Commission of an act or conviction of a crime involving harassment or stalking.(5) Commission of an act or conviction of a crime involving lewd conduct, prostitution or solicitation thereof, or pandering and/or indecent exposure.(6) Commission of an act or conviction of a crime involving human trafficking.(7) Commission of an act or conviction of a crime involving gross negligence in the care of an animal or any form of animal cruelty.(8) Failure to comply with a court order.(9) Commission of an act or conviction of a crime, involving verbally abusive conduct or unlawful possession of a firearm or weapon.(10) Commission of an act or conviction of a crime, of neglect, endangerment or abuse involving a person under 18 years of age or over 65 years of age, or a dependent adult, without regard to whether the person was a patient.Cal. Code Regs. Tit. 16, § 1399.370
1. New Article 7 (Sections 1399.370-1399.372) filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).
2. Amendment of section and NOTE filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
3. Amendment of first paragraph filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
4. Amendment of subsections (a)-(e), new subsections (f)-(i) and amendment of NOTE filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
5. Amendment of section and NOTE filed 8-17-2021; operative 8-17-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 34). 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 and 3722, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 3750, 3750.5, 3752, 3752.5, 3752.6, 3752.7, 3754.5 and 3755, Business and Professions Code.
1. New Article 7 (Sections 1399.370-1399.372) filed 9-9-85; effective thirtieth day thereafter (Register 85, No. 37).
2. Amendment of section and Note filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
3. Amendment of first paragraph filed 4-21-2003; operative 5-21-2003 (Register 2003, No. 17).
4. Amendment of subsections (a)-(e), new subsections (f)-(i) and amendment of Note filed 5-25-2012; operative 6-24-2012 (Register 2012, No. 21).
5. Amendment of section and Note filed 8-17-2021; operative 8/17/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 34). 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.