Statutes, codes, and regulations
California Code Of Regulations
Title 16 - Professional and Vocational RegulationsDivision 18 - Board of Behavioral Sciences
Article 1 - General Provisions
Section 1812 - Substantial Relationship Criteria

Cal. Code Regs. tit. 16 § 1812

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Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 1812 - Substantial Relationship Criteria
(a) For purposes of denial, suspension, or revocation of a license pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section 4982, Section 4989.54, Section 4992.3, or Section 4999.90 of the Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a person holding a license under Chapters 13, 13.5, 14, and 16 of Division 2 of the Code if to a substantial degree it evidences present or potential unfitness of a person holding a license to perform the functions authorized by the license in a manner consistent with the public health, safety or welfare. For purposes of this section, "license" shall mean license or registration.
(b) In making the substantial relationship determination required under subsection (a) for a crime, the board shall consider all of the following criteria:
(1) The nature and gravity of the offense.
(2) The number of years that have elapsed since the date of the offense.
(3) The nature and duties of a marriage and family therapist, educational psychologist, clinical social worker, or professional clinical counselor.
(c) For purposes of subsection (a), a substantially related crime, professional misconduct, or act shall include, but is not limited to, the following:
(1) Any violation of Article 6, Chapter 1, Division 2 (commencing with section 650) of the Code.
(2) Any violation of the provisions of Chapter 13 (commencing with section 4980), Chapter 13.5 (commencing with section 4989.10), Chapter 13.7 (commencing with section 4990), Chapter 14 (commencing with section 4991), or Chapter 16 (commencing with section 4999.10) of Division 2 of the Code.

Cal. Code Regs. Tit. 16, § 1812

1. New section filed 1-26-77; effective thirtieth day thereafter (Register 77, No. 5).
2. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
3. Change without regulatory effect of NOTE (Register 86, No. 41).
4. Amendment of section and NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 21).
5. Change without regulatory effect amending NOTE filed 3-21-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 12).
6. Amendment of section and NOTE filed 12-14-2020; operative 12-14-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 51). 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 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 4982, 4989.54, 4992.3 and 4999.90, Business and Professions Code.

1. New section filed 1-26-77; effective thirtieth day thereafter (Register 77, No. 5).
2. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
3. Change without regulatory effect of NOTE (Register 86, No. 41).
4. Amendment of section and Note filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4(Register 2011, No. 21).
5. Change without regulatory effect amending Note filed 3-21-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 12).
6. Amendment of section and Note filed 12-14-2020; operative 12/14/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 51). 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.