Cal. Code Regs. tit. 16 § 2006

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

Section 2006 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees

(a) In reaching a decision on a disciplinary action under the Administrative Procedure Act (Government Code Section 11400 et seq.), the Board shall consider the disciplinary guidelines entitled: "Veterinary Medical Board Disciplinary Guidelines, January 2022 Edition" which are hereby incorporated by reference. Deviation from these 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) If the conduct found to be grounds for discipline involves drugs and/or alcohol, the individual shall be presumed to be a substance-abusing licensee for purposes of section 315 of the Code. If the individual does not rebut that presumption, in addition to any and all other relevant terms and conditions in the Disciplinary Guidelines, the terms and conditions in the "Veterinary Medical Board Uniform Standards for Substance-Abusing Licensees, January 2022 Edition" which are hereby incorporated by reference, shall be used when applying probationary conditions in the disciplinary order.

Cal. Code Regs. Tit. 16, § 2006

Note: Authority cited: Sections 315, 315.4, 4808 and 4845(d), Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 141, 315, 315.2, 315.4, 480, 490, 4830.5, 4830.7, 4836.2, 4836.5, 4837, 4839.5, 4842, 4845, 4845.5, 4855, 4856, 4857, 4876, 4883 and 4886, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

Note: Authority cited: Sections 4808 and 4845(d), Business and Professions Code; and Section 11400.20, Government Code. Reference: Sections 141, 480, 490, 4830.5, 4830.7, 4836.2, 4836.5, 4837, 4839.5, 4842, 4845, 4845.5, 4855, 4856, 4857, 4875, 4876, 4883 and 4886, Business and Professions Code; and Sections 11400.20 and 11425.50(e), Government Code.

1. New section filed 4-18-97; operative 5-18-97 (Register 97, No. 16).
2. Amendment of Veterinary Medical Board Disciplinary Guidelines (incorporated by reference) and amendment of section and Note filed 5-21-2002; operative 6-20-2002 (Register 2002, No. 21).
3. Amendment of Veterinary Medical Board Disciplinary Guidelines (incorporated by reference) and amendment of section and Note filed 6-6-2013; operative 10-1-2013 (Register 2013, No. 23).
4. Amendment of section and Note filed 12-22-2021; operative 4/1/2022 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
5. Amendment of section heading, section and NOTE filed 2-12-2024; operative 4/1/2024 (Register 2024, No. 7).