Cal. Code Regs. tit. 16 § 1399.464

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 1399.464 - Exceptions

A citation shall not be issued in any of the following circumstances:

(a) The violation is of such a nature and/or severity that revocation of the license or restrictions on the license are necessary in order to ensure consumer protection.

(b) The licensee's conduct displayed a disregard for the patient and/or patient's rights. This includes, but is not limited to, physical abuse, neglect, abandonment, and fiduciary abuse. For purposes of this section "fiduciary abuse" means a situation in which any person who has the care or custody of, or who stands in a position of trust to, an elder or a dependent adult, takes, secretes, or appropriates their money or property, to any use or purpose not in the due and lawful execution of their trust.

(c) The licensee failed to comply with any requirement of any previous citation, including any order of abatement or fine.

(d) The violation involves unprofessional conduct related to controlled substances or dangerous drugs.

(e) The violation involves unprofessional conduct related to sexual abuse, misconduct, or relations with a patient.

(f) The licensee was convicted of an offense substantially related to the qualifications, functions, and duties of an acupuncturist and there is insufficient evidence of rehabilitation.

Cal. Code Regs. Tit. 16, § 1399.464

1. New section filed 6-14-95; operative 7-14-95 (Register 95, No. 24).
2. Change without regulatory effect amending subsections (b), (e) and (f) filed 4-22-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).

Note: Authority cited: Sections 125.9 and 4933, Business and Professions Code. Reference: Sections 125.9 and 4955, Business and Professions Code.