Cal. Code Regs. tit. 16 § 1888

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

Section 1888 - Uniform Standards Related to Substance Abuse and Disciplinary Guidelines

(a) In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the Board of Behavioral Sciences shall consider the "Uniform Standards Related to Substance Abuse and Disciplinary Guidelines" [Rev. December 2020] which are hereby incorporated by reference. The Disciplinary Guidelines apply to all disciplinary matters; the Uniform Standards Related to Substance Abuse apply to cases of substance abuse. Deviation from the Disciplinary Guidelines, including the standard terms of probation, is appropriate where the Board in its sole discretion determines that the facts of the particular case warrant such a deviation -- for example: the presence of mitigating or aggravating factors; the age of the case; evidentiary problems.

(b) Notwithstanding subsection (a), if the conduct found to be a violation involves drugs and/or alcohol, the violation is a substance abuse violation for purposes of Section 315 of the Code. If the licensee or registrant does not rebut that the violation is a substance abuse violation, then the Uniform Standards Related to Substance Abuse shall apply without deviation.

(c) Nothing in this section shall prohibit the Board from imposing additional terms or conditions of probation in any order that the Board determines would provide greater public protection.

Cal. Code Regs. Tit. 16, § 1888

1. New article 9 (section 1888) and section filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 27).
2. Amendment of the document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section and NOTE filed 3-25-2002; operative 4-24-2002 (Register 2002, No. 13).
3. Amendment of the document "Board of Behavioral Sciences Disciplinary Guidelines" and amendment of section and NOTE filed 7-22-2005; operative 8-21-2005 (Register 2005, No. 29).
4. Amendment of the document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section filed 6-3-2009; operative 7-3-2009 (Register 2009, No. 23).
5. Submission restoring text that was inadvertently omitted from the 6-3-2009 amendment of the document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) filed 10-8-2009; operative 10-8-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
6. Amendment of document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section and NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 21).
7. Amendment of document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section and NOTE filed 4-3-2013; operative 7-1-2013 (Register 2013, No. 14).
8. Amendment of document, "Uniform Standards Related to Substance Abuse and Disciplinary Guidelines" (incorporated by reference) and amendment of section and NOTE filed 6-23-2015; operative 10-1-2015 (Register 2015, No. 26).
9. Amendment of subsection (a) 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 315, 315.2, 315.4, 4980.60 and 4990.20, Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 315, 315.2, 315.4, 480, 4982, 4989.54, 4992.3 and 4999.90, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

1. New article 9 (section 1888) and section filed 7-1-97; operative 7-1-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 27).
2. Amendment of the document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section and Note filed 3-25-2002; operative 4-24-2002 (Register 2002, No. 13).
3. Amendment of the document "Board of Behavioral Sciences Disciplinary Guidelines" and amendment of section and Note filed 7-22-2005; operative 8-21-2005 (Register 2005, No. 29).
4. Amendment of the document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section filed 6-3-2009; operative 7-3-2009 (Register 2009, No. 23).
5. Submission restoring text that was inadvertently omitted from the 6-3-2009 amendment of the document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) filed 10-8-2009; operative 10-8-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).
6. Amendment of document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section and Note filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 21).
7. Amendment of document, "Board of Behavioral Sciences Disciplinary Guidelines" (incorporated by reference) and amendment of section and Note filed 4-3-2013; operative 7-1-2013 (Register 2013, No. 14).
8. Amendment of document, "Uniform Standards Related to Substance Abuse and Disciplinary Guidelines" (incorporated by reference) and amendment of section and Note filed 6-23-2015; operative 10/1/2015 (Register 2015, No. 26).
9. Amendment of subsection (a) 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.