Section 1399.469.4 - Substantial Relationship Criteria(a) For the purpose of denial, suspension, or revocation of a license pursuant to Section 141, Division 1.5 (commencing with Section 475), or Sections 4955, 4955.1, or 4955.2 of the Business and Professions Code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions or duties of a licensee if, to a substantial degree, it evidences present or potential unfitness of a licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.(b) In making the substantial relationship determination required under subsection (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 an acupuncturist.(c) For purposes of subsection (a), a substantially related crime, professional misconduct, or act shall include, but is not limited to, the following: (1) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of Chapter 12, Division 2 of the Business and Professions Code or other state or federal laws governing the practice of acupuncture.(2) Conviction of a crime involving fiscal dishonesty.Cal. Code Regs. Tit. 16, § 1399.469.4
1. New section filed 9-2-2021; operative 9-2-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 36). 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 4933, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 4955, 4955.1, 4955.2 and 4956, Business and Professions Code.
1. New section filed 9-2-2021; operative 9/2/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 36). 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.