Section 1399.372 - Rehabilitation Criteria for Denials, Suspensions, Revocations, Petitions for Reinstatement, or Probation Modification(a) When considering the denial of a respiratory care practitioner license pursuant to section 480 of the B&P on the grounds that the applicant has been convicted of a crime, the board shall consider whether the applicant made a showing of rehabilitation, if the applicant completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the board shall consider the following criteria: (1) The nature and gravity of the crime(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, or the board determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (a), the denial is based on professional misconduct, or the denial is based on one or more grounds specified in Sections 3750, 3750.5, or 3755 of the B&P, the board shall apply the following criteria in evaluating an applicant's rehabilitation: (1) The nature and gravity of the act(s), professional misconduct, or crimes(s) under consideration as grounds for denial.(2) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial under Section 480 of the B&P.(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in paragraph (1) or (2).(4) Whether the applicant has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the applicant.(5) The criteria in subdivision (a)(1)-(5), as applicable.(6) Evidence, if any, of rehabilitation submitted by the applicant.(c) When considering the petition for reinstatement, modification of probation, suspension or revocation of a respiratory care practitioner license on the ground that the licensee has been convicted of a crime, the board shall consider whether the licensee made a showing of rehabilitation, if the licensee completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the board shall consider the following criteria: (1) The nature and gravity of the crime(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the licensee's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(d) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, or the board determines that the licensee did not make the showing of rehabilitation based on the criteria in subdivision (c), the petition for reinstatement, modification of probation, suspension, or revocation of a respiratory care practitioner license is based on disciplinary action as described in Section 141 of the Business and Professions Code, or the petition for reinstatement, modification of probation, suspension, or revocation of a respiratory care practitioner license is based on one or more of the grounds specified in Sections 3750, 3750.5, or 3755, the board shall apply the following criteria in evaluating a licensee's rehabilitation: (1) The nature and gravity of the act(s), unprofessional conduct, or crimes(s).(2) The total criminal record.(3) The time that has elapsed since commission of the act(s), unprofessional conduct, or crime(s).(4) Whether the licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the licensee.(5) The criteria in subdivision (c)(1)-(5), as applicable.(6) If applicable, evidence of dismissal proceedings pursuant to section 1203.4 of the Penal Code.(7) Evidence of any subsequent act(s) or crime(s) committed.(8) Any other evidence of rehabilitation submitted that is acceptable to the board, including: (i) Successful completion of respiratory care courses with a "C" or better, as determined by the institution;(ii) Active continued attendance or successful completion or rehabilitative programs such as 12-step recovery programs or psychotherapy counseling:(iii) Letters relating to the quality of practice signed under penalty of perjury from licensed health care providers responsible for the supervision of his/her work.(9) Statements, letters, attestations of good moral character, or references relating to character, reputation, personality, marital/family status, or habits shall not be considered rehabilitation unless they relate to quality of practice as listed in section (d)(8)(iii).Cal. Code Regs. Tit. 16, § 1399.372
1. Change without regulatory effect amending opening paragraph filed 11-30-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 48).
2. Amendment of first paragraph and subsections (d)-(f), new subsections (f)(1)-(g) and amendment of NOTE filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
3. Amendment of section heading, repealer and new section and amendment of 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, 482 and 3722, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 482, 488, 490, 493, 3750, 3750.5, 3751, 3753 and 3755, Business and Professions Code.
1. Change without regulatory effect amending opening paragraph filed 11-30-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 48).
2. Amendment of first paragraph and subsections (d)-(f), new subsections (f)(1)-(g) and amendment of Note filed 6-9-97; operative 7-9-97 (Register 97, No. 24).
3. Amendment of section heading, repealer and new section and amendment of 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.