Section 2040 - Substantial Relationship Criteria(a) For the purposes of denial, suspension, or revocation of a license pursuant to Section 141, Division 1.5 (commencing with Section 475), or subdivision (n) of Section 4883 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 Chapter 11 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 subsection, "license" shall mean license, registration, or permit.(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 elapsed since the date of the offense.(3) The nature and duties of the profession in which the applicant seeks licensure or in which the licensee is licensed.(c) For purposes of subsection (a), a substantially related crime, professional misconduct, or act shall include 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 11, Division 2 of the code or other state or federal laws governing the practice of veterinary medicine.(2) Conviction of a crime involving fiscal dishonesty.Cal. Code Regs. Tit. 16, § 2040
1. Amendment filed 2-17-77; effective thirtieth day thereafter (Register 77, No. 8). For prior history, see Register 75, No. 28.)
2. Amendment of first paragraph, redesignation of subsection (a), new subsections (b) and (c), renumbering and amendment of NOTE filed 11-19-2020; operative 11-19-2020 (Register 2020, No. 47). 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-66-20. Note: Authority cited: Sections 481 and 4808, Business and Professions Code. Reference: Sections 141, 480, 481, 488, 490, 492, 493 and 4883, Business and Professions Code.
1. Amendment filed 2-17-77; effective thirtieth day thereafter (Register 77, No. 8). For prior history, see Register 75, No. 28.)
2. Amendment of first paragraph, redesignation of subsection (a), new subsections (b) and (c), renumbering and amendment of Note filed 11-19-2020; operative 11/19/2020 (Register 2020, No. 47). 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-66-20.